Chapter 7.05 SOLID WASTE DISPOSAL

Words and phrases not ascribed a meaning by this title shall have the meaning ascribed by California Public Resources Code Sections 40105 through 40201 and the regulations of CalRecycle.

“Act” means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time.

“Blue container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container waste.

“Bulk household waste” means all discarded household waste matter which is too large to be placed in a covered container including, but not limited to, vehicle tires and/or wheels, furniture, appliances, discarded carpets, discarded mattresses, discarded electronic equipment, and similar large items produced from residential premises, and is considered solid waste for purposes of this chapter.

“California Code of Regulations” or “CCR” means the California Code of Regulations.

“CalRecycle” means the California Department of Resources Recycling and Recovery.

“City” means the city of Aliso Viejo, California.

“City council” means the city council of Aliso Viejo, California.

“Civic litter containers” means city-owned receptacles located in public areas for disposal of waste generated by the public.

“Collection” means the act of collecting solid waste, including recyclable materials, and organic waste, at or near the place of generation by a collector who has made arrangements with the generator for the collection of the solid waste, recyclable materials, and organic waste.

“Commercial” or “commercial business” means a business, industrial, commercial establishment, or construction site, and any multiple-family, residential dwelling with five units or more on one account.

“Commercial bins” means bins provided by a collector, usually three cubic yards or greater in capacity and designed for the deposit of solid waste, including recyclable materials and organic waste, charged at commercial rates.

“Commercial premises” means all premises in the city, other than residential premises, where solid waste, including recyclable materials and organic waste, is generated or accumulated. The term “commercial premises” includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing or assembling shops or plants; hospitals; clinics; and nursing homes.

“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 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).

“Compliance review” means a review of records by the city to determine compliance with this chapter.

“Container” means any bin, vessel, can or receptacle used for collecting solid waste, recyclable materials and organic waste, for removal by an authorized collector.

“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).

“Continuation/claim hauler” means a solid waste collector which claims a right to collect solid waste based on “continuation rights” as set forth in California Public Resources Code Section 49520 et seq. or any other law. No inference shall be drawn from this or any other section of this title that the city recognizes any such claim or that the city has determined that any solid waste enterprise is or may be eligible for “continuation” or any other rights under the California Public Resources Code or any other law.

“Contractor” means a person, persons, local agency, firm, corporation or other entity franchised, authorized, permitted or licensed by the city to make arrangements with generators for the collection of solid waste, recyclable material and organic waste, within the city.

“Designated recycling collection location” means the place designated by the contractor for the collection of recyclables. This location may be, but the city does not require that it be, at the curbside of a residential neighborhood or the service alley of a commercial enterprise.

“Designated source separated organic waste facility” shall have the same definition as 14 CCR Section 18982(14.5).

“Dwelling” means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except “dwelling” does not include hospitals, hotels, motels, nursing homes or convalescent centers.

“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). Edible food is not solid waste if it is recovered and not discarded.

“Electronic waste” or “E-waste” means any appliances, devices, and other objects containing electronic components, and includes (but is not limited to) computers, computer monitors, cellular telephones, copiers, fax machines, DVD players, VCRs, and televisions, and other electronic devices that are categorized as E-waste by the California Integrated Waste Management Board.

“Enforcement action” means an action of the city to address noncompliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

“Enforcement officer” means the city manager, county administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

“Franchise” means the right and privilege: (1) to make arrangements for the collection of and to collect solid waste; (2) to transport solid waste to landfills, transformation facilities or other licensed solid waste management facilities; (3) to recycle recyclables collected within the city; and/or (4) to process organic waste at a processing facility. Any franchise is subject to any continuation or other rights, if any, held by any other solid waste enterprise pursuant to California Public Resources Code Section 49520 et seq., or other laws granting the right to provide solid waste hauling services in the city.

“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

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

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

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

“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).

“Food waste” means food scraps separated from solid waste and offered for collection by solid waste franchisee, that will decompose and/or putrefy including (1) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs; and (2) paper waste contaminated with food waste.

“Franchise fee” means the fee imposed by the city on a solid waste franchisee because of its status as a solid waste franchisee and which, inter alia, is intended to offset the city’s expenses in administering the franchise and to compensate city for damage to its streets, sidewalks, curbs, gutters, and other infrastructure resulting from the solid waste franchisee’s exercise of the franchise, the expenses of administering the solid waste program, reporting requirements under the Act and SB 1383 regulations, and other related expenses.

“Gardener” means a licensed person performing gardening and landscaping maintenance services for hire.

“Generator” means any person or other entity who is responsible for the initial creation of solid waste.

“Gray container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of 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).

“Green container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

“Green waste” means any organic waste generated from any landscape, including but not limited to grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches, and brush collected pursuant to this chapter.

“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).

“Gross revenues” means any and all revenue or compensation in any form derived, directly or indirectly, by the solid waste franchisee, its subsidiaries, parent companies or other affiliates, for the collection, transportation, processing, disposal and other services with respect to solid waste collected within the city pursuant to a franchise, permit or license, in accordance with generally accepted accounting principles. Gross revenues include, but are not limited to, monthly customer fees for collection of solid waste, special pick-up fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial bins and drop boxes, without subtracting franchise fees, but excluding disposal or processing costs incurred at disposal or processing facilities.

“Hazardous waste” means any waste, substance, or mixture of wastes defined as a “hazardous substance” or “hazardous waste” pursuant to the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., the California Health and Safety Code and all future amendments, or as defined by the California Integrated Waste Management Board, or its successor, and any consumer product with the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term “hazardous waste” shall be construed to have the broader, more encompassing definition.

“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).

“Inspection” means a site visit where the city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

“Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 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.

“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. 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. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

“Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

“Notice of violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

“Organic waste 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).

“Organics,” “organic waste,” and “organic material” means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, nonhazardous wood waste, and unwaxed, food-soiled paper.

“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).

“Place” or “premises” means every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every place or premises where any person resides, or any business is carried on or conducted within the city or any other site upon which solid waste is produced or accumulates.

“Printing and writing papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

“Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (2) 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; (3) 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 the city’s green container and/or blue container; and (4) non-solid waste items placed in any container.

“Recovered organic waste products” means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

“Recyclable materials” or “recyclables” means material such as, but not limited to, paper, cardboard, glass, metal and aluminum cans, and plastics which is separated from other waste or refuse for the purpose of recycling.

“Residential” means any residential dwelling or apartment house.

“Route review” means a visual Inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

“SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016).

“SB 1383 regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

“Self-hauler” means a person who hauls solid waste, organic waste, or recyclable materials he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

“Single-family” means of, from, or pertaining to any residential premises with fewer than five units.

“Solid waste” means putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include radioactive waste, medical waste, or other hazardous waste.

“Solid waste management facility” means a facility where solid waste is sorted, processed, treated, or transferred.

“Source separated blue container waste” means source separated wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).

“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 waste, carpets, noncompostable paper, and textiles.

“Source separating” or “source separation” means the process of removing recyclable materials from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials.

“Standard residential solid waste container” means a container provided by the collector for the accumulation, storage, and collection of single-family residential solid waste.

“Supermarket” means a full-line, self-service retail store with gross annual sales of $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:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than 10,000 square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site food facility and 200 or more rooms.

3. Health facility with an on-site food facility and 100 or more beds.

4. Large venue.

5. Large event.

6. 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.

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

“Universal waste” means any batteries, fluorescent tubes and light bulbs, items (such as thermometers and toys) containing mercury, nonempty aerosol cans, and any other items designated or categorized as E-waste or as universal waste by the California Integrated Waste Management Board and/or California Department of Toxic Substances Control.

“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 18982(a)(76). [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: definitions generally, AVMC 1.02.010.

7.05.020 Solid waste collection franchises, permits, and licenses.

A. The city council may award one or more franchises, permits, or licenses for collection of solid waste, including recyclable materials and organic waste, from all or a portion of single-family residential properties, commercial, industrial, governmental, institutional, and multifamily residential properties in the city. Any such franchise, permit or license shall be granted by the city council by resolution, upon a determination that the public health, safety, and well-being so require.

B. The franchise, permit, or license shall be granted in writing, naming the holder of the franchise, and shall be on such terms and conditions as the city council shall establish in its sole discretion. At a minimum, the franchise, permit or license shall provide that:

1. The franchisee, permittee, or licensee shall comply with the provisions of this title as it may be amended; and

2. The franchisee, permittee, or licensee shall be required to protect, defend, indemnify, and hold the city harmless from any liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.) and the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), as they may be amended from time to time, and all regulations implementing these acts; and

3. The franchisee, permittee, or licensee shall be required to cooperate with the city in solid waste generation studies and the preparation of waste stream audits, and to implement measures to reach the solid waste and recycling goals mandated by the Act. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: business licenses and regulations, AVMC Title 4.

7.05.030 Manner, time, and frequency of collection.

The contractors who arrange for the collection of solid waste, including recyclable materials and organic waste, shall make arrangements with their customers specifying the manner in which solid waste collection services are provided, subject only to the city’s duty to protect public health, safety, and well-being by prohibiting the collection of solid waste, recyclable materials, and organic waste between certain hours and on certain holidays, to control vectors and to limit sources of noise and air pollution within the city. The services shall be provided in compliance with this chapter and any applicable franchise agreement. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.040 Categories.

In order to carry out its duties to plan for the management of vehicular traffic and mitigate adverse air quality effects, the city council may determine waste management collection categories, i.e., residential, single-family residential, multifamily residential, commercial, industrial, special, special event, and other, and may make or impose franchise, license, contract, or permit requirements which vary for such categories. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.050 Collection arrangements required.

In order to protect the public health, safety, and well-being, and to prevent the spread of vectors, the owner, occupant, or other person responsible for the day-to-day operation of every place or premises in the city shall make arrangements with a solid waste contractor holding a franchise, contract, license, or permit issued by the city for the collection of solid waste as set forth in this title. An owner, occupant, or other person responsible for the day-to-day operation of every place or premises in the city may act in the capacity of a self-hauler to personally collect and remove the solid waste from the place or premises in compliance with AVMC 7.05.160; provided, that solid waste collection service shall be maintained at all times, notwithstanding the self-hauling. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.060 Fees.

Pursuant to California Public Resources Code Section 40000 et seq., the city may levy fees upon contractors and generators for solid waste planning, collection, inspection, auditing, transfer, disposal, and the planning for and response to hazardous waste releases and spills. Such fees may include charges for the use of landfills and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements, and integrated waste management plans. The city may determine to collect all or part of such charges on the tax roll, whether or not delinquent, or by such other means as the city council may elect. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.070 Solid waste facilities.

No person shall construct or operate a solid waste management facility (including but not limited to a materials recovery facility), landfill, composting facility, or buy-back recycling center without first satisfying all city requirements for land use and other approvals. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.080 Liability for fees.

A. Each person who arranges for solid waste collection pursuant to this chapter shall be liable for the fees and charges for such collection.

B. The city may include the fees and charges (plus any interest or penalties) for solid waste collection services on the property tax roll for the premises or by separate bill from the city or a solid waste contractor. The fees and charges (plus any interest or penalties) on the property tax roll for the premises or separate bill shall be due and payable on the date stated on the property tax roll for the premises or separate bill. The owner and occupant of each premises in the city each shall be jointly and severally liable for the payment of the fees and charges (plus any interest or penalties) for solid waste recycling, and organic waste collection service.

C. If solid waste collection fees and charges (and any applicable interest or penalties) are not paid within 30 days of the date payment was due, solid waste collection service may be discontinued. Liability for collection fees continues, whether or not collection services have been discontinued.

D. Upon written notice to the collector from the owner, occupant, or other person responsible for day-to-day operation of a premises in the city to discontinue solid waste collection services because that person no longer occupies the premises, the collector shall refund any collection fees paid in advance for services extending beyond the date that services are discontinued. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.090 Containers – Location.

To protect public health, safety, and well-being against the growth and spread of disease vectors, it is the duty of every person in possession, charge, or control of any place within the city, in or from which solid waste, recyclable materials and organic waste, accumulates or is produced, to keep in a suitable place containers capable of holding without spilling all solid waste, recyclable materials and organic waste, which would ordinarily accumulate on the premises. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.100 Use of containers.

A. To protect public health, safety, and well-being against the growth and spread of disease vectors, the person who is in charge of residential or commercial premises shall deposit or cause to be deposited all solid waste, recyclable materials and organic waste, in standard containers or bins as approved by the collector.

B. To protect public health, safety, and well-being against the growth and spread of disease vectors, no person shall maintain or place for collection any container not in conformance with the standard container or bin designated by the collector.

C. To minimize interference with public rights-of-way, no person shall place a container adjacent to a street or public right-of-way for collection service before 6:00 p.m. on the day before the normal collection day.

D. To minimize interference with public rights-of-way, solid waste, recycling, and organic waste containers shall be removed from the street or right-of-way location by 6:00 p.m. on the normal collection day.

E. To minimize interference with public rights-of-way, bulky goods shall be placed for collection only pursuant to an arrangement between the resident or business and the contractor.

F. To minimize interference with public rights-of-way, tree trimmings and brush shall be cut into pieces not to exceed four feet in length and four inches in diameter, before being placed for collection. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: encroachment and work in the public right-of-way, Chapter 10.04 AVMC.

7.05.110 Frequency of removal.

A. To protect public health, safety, and well-being against the growth and spread of vectors, persons in charge of the day-to-day operation of properties other than where food is commercially prepared or sold, shall make arrangements to have removed, not less frequently than once a week, from the property all solid waste, recyclable materials, and organic waste on the premises.

B. To protect public health, safety, and well-being against the growth and spread of vectors, every person in charge of an establishment where food is commercially prepared or sold shall cause all waste food solid waste, recyclable materials, and organic waste to be removed from the property at least twice a week.

C. Subject to the requirements for minimum removals per week, set forth above, and the authority of the city’s director of public works to determine that it is necessary to require more frequent solid waste, recyclables, and organic waste collection services or an increase in the size or number of bins in order to protect public health, safety, and well-being against the growth and spread of vectors, persons in charge of the day-to-day operation of commercial or multifamily residential premises may specify the frequency of collection of solid waste, recyclables, and organic waste created, produced, or brought upon the premises, and the size and number of bins required.

D. In order to protect residents’ quiet enjoyment of their residential premises, collection from residential premises, both single-family and multifamily, shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 6:00 p.m. and 8:00 a.m. for collections on Saturdays following holidays. Commercial collection which is audible in adjacent single-family residential areas shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 6:00 p.m. and 7:00 a.m. for collections on Saturdays following holidays. Commercial collections which are not audible in residential areas shall be prohibited between the hours of 9:00 p.m. and 5:00 a.m. on any day. Subject to the foregoing requirements, collections shall be made by arrangement between the person in charge of day-to-day operation of the property and the collector.

E. Collectors shall design their routes and times for collection in a manner which minimizes problems of air pollution, traffic, noise, wear and tear on public and private streets, or other problems having the potential to adversely affect public health, safety or the environment. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.120 Containers – Located for collection.

During the hours for collection, residential containers shall be placed at the location designated by the contractor and shall be accessible for mechanized pick-up. Commercial bins shall be accessible to the contractor. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.140 Contractor equipment.

To protect public health, safety, and well-being, any truck used for the collection or transportation of solid waste within the city shall be leak proof and equipped with a close-fitting cover which shall be affixed in a manner that will prevent spilling, dropping or blowing of any solid waste, recyclables, or organic waste upon the public right-of-way during collection or transportation. Every contractor providing services under this chapter shall comply with all applicable “clean fleet” rules adopted by any regulatory agency, including but not limited to Rule 1193 adopted by the South Coast Air Quality Management District. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.150 Trucks – Noise.

To protect the public health, safety and quiet enjoyment of the residents of the city, the noise level for the collection vehicles during the stationary compaction process shall not exceed 75 dB at a distance of 25 feet from the collection vehicle and at an elevation of five feet from the horizontal base place of such vehicles. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: noise control, Chapter 8.12 AVMC.

7.05.160 Self-haulers and gardeners – Disposal at authorized sites – Reporting requirements.

Self-haulers and gardeners shall deposit such solid waste, including recyclable materials and organic waste, only at licensed landfill sites, recycling or composting facilities. All such persons shall report the facility to which they deliver solid waste, and that the waste originated in Aliso Viejo. Self-haulers and gardeners shall also comply with AVMC 7.05.370. If no mechanism exists for this to be reported, self-haulers, and gardeners shall report to the city the type, quantity, volume and weight of solid waste delivered to the facility, separately reporting solid waste, recyclables, and organic waste. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.170 Ownership of solid waste, recyclable materials, and organic waste placed for collection.

Ownership and right to possession of solid waste, recyclable materials, and organic waste shall pass from the generator directly to the contractor, and not to the city, by operation of state law. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.180 Recyclable materials – Transfer and disposal.

A. Except as provided below, nothing in this chapter shall limit the right of any person, organization, or other entity to sell recyclable material owned by that person, organization or other entity or to donate recyclable materials to a charity or any other entity.

B. If the seller or donor of recyclable materials pays the buyer or the donee any consideration for collecting, processing, recycling, container rental, transporting or disposing of the recyclable materials, the transaction shall not be regarded as a sale or donation of recyclable materials, but as an arrangement for the recycling services subject to this title.

C. A person who receives a discount or reduction in the collection, disposal and/or recycling service rates for unsegregated or segregated solid waste shall not be deemed to be selling or donating recyclable materials pursuant to subsection (A) of this section. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.190 Cleanup responsibility.

A. Until solid waste, recyclable materials, or organic waste has been picked up by a collector, the owner, operator, occupant, or other person in charge of the day-to-day operation of each premises in the city shall be responsible for the cleanup of any and all solid waste, recyclable materials, or organic waste generated, deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment, or which has otherwise come to be located outside an authorized container on, at or in the premises of which the person is the owner, operator, occupant or is otherwise in charge. This cleanup responsibility includes the cleanup of solid waste, recyclables, or organic waste which has come to be located outside an authorized container for the collection of such solid waste, recyclables, or organic waste notwithstanding human or animal interference with commercial bins or containers, wind or other natural forces and whether during storage, collection, removal or transfer. For purposes of this section, the term “disposed into the environment” shall include, but is not limited to, the abandonment of or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever.

B. To protect public health, safety, and well-being, each person collecting or transporting solid waste, recyclables, or organic waste within the city shall clean up immediately, or cause the immediate cleanup of any solid waste, recyclables, or organic waste released, spilled or dumped into the environment by such person during collection, removal or transport within the city. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.200 Use of collector’s containers.

To protect public health, safety, and well-being, the keeping of solid waste, recyclables, or organic waste in collection containers or commercial bins other than those approved by collector, or the keeping upon premises of solid waste, recyclables, or organic waste which is offensive, obnoxious or unsanitary is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.210 Removal of solid waste, recyclables, or organic waste.

To protect public health, safety, and well-being, no person, other than the person in charge of any premises, or the collector authorized by the person in charge of any premises, shall move or remove any container or commercial bin from the location where the container or commercial bin was placed for storage or collection by the person in charge of the premises, or remove any solid waste, recyclables, or organic waste therefrom without prior written approval of the person in charge of such premises. The unauthorized removal of recyclable materials placed at designated recycling collection locations is prohibited by the California Public Resources Code. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.220 Institutional, commercial or industrial solid waste.

To protect public health, safety, and well-being, no person shall place or deposit institutional, commercial, industrial, special or hazardous waste in any civic litter container. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: sharps disposal, AVMC 4.35.130.

7.05.230 Solid waste burning or burying prohibited.

To protect public health, safety, and well-being, no person shall burn or bury any solid waste within the city, except in an approved incinerator or transformation facility or other device for which a permit has been issued by the building official, and which complies with all applicable permits and other regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all other laws, rules and regulations. Nothing in this section shall prohibit composting of putrescible waste in such way that rodents, insects and other disease vectors are not drawn to the compost pile. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.240 Franchise or permit required – Penalty for violation.

To protect public health, safety, and well-being, it is unlawful and a misdemeanor for any person, except for a selfd-hauler or gardener, to collect any solid waste from any commercial premises or residential premises within the city, nor shall any person place a commercial bin, at any premises within the city, without a city-issued written franchise or written solid waste collector’s permit. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.250 Public nuisance.

To protect public health, safety, and well-being and to prevent the spread of disease vectors, it is unlawful, and a public nuisance, for any person to occupy, inhabit, maintain, or to be in day-to-day control of any property within the city for which appropriate arrangements have not been made for regular collection and removal services of solid waste, recyclable materials, or organic waste. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: nuisances, AVMC 8.24.010.

7.05.260 Unauthorized disposal.

A. To protect public health, safety, and well-being, and to prevent the contamination of solid waste, recyclable materials, and organic waste it is unlawful for any person to place solid waste, recyclable materials, or organic waste in, or to otherwise use the solid waste, recyclable materials or organic waste containers or commercial bins of another person, without the permission of such other person.

B. It is also unlawful for any person to deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, dump or dispose into the environment, including the abandonment of or discarding of barrels, containers and other closed receptacles of solid waste of any kind whatsoever, any solid waste upon any property within the city, or to cause, suffer, or permit such solid waste to come to be located upon any property in the city, except as authorized by this code. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.270 Enforcement.

Pursuant to California Penal Code Section 836.5, the director of public works, the city engineer(s), the director of development services, and any city code enforcement officer are authorized to enforce the provisions of this title as well as those of California Penal Code Sections 374, 374.2, 374.3, 374.4, 374.7, 374d, and 375; and California Vehicle Code Sections 23111 and 23112. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.

7.05.280 Civil action by contractor.

Nothing in this title shall be deemed to limit the right of a contractor holding an exclusive franchise issued by the city to bring a civil action against any person who violates AVMC 7.05.210, nor shall a conviction for such violation exempt any person from a subsequent civil action brought by a contractor. [Ord. 2021-222 § 1 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

7.05.290 Requirements for single-family generators (standard compliance approach).

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

1. Subscribe to the city’s organic waste collection services. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.

2. Participate in the city’s organic waste collection services by placing designated materials in designated containers.

B. City may choose to comply with AVMC 7.05.300 instead of this section. [Ord. 2021-222 § 1 (Exh. A)].

7.05.300 Requirements for single-family generators (performance-based compliance approach).

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

1. Shall be automatically enrolled in the city’s integrated waste collection services with a source separated blue recyclable materials container, and with a source separated green organic waste container, approved by the public works director or his or her designee. City shall have the authority to change the minimum required levels of service over time. City 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.

2. Shall participate in the city’s three-container system for source separated blue container recyclable materials, source separated green container organic materials, and gray container waste collection services. Generator participation in the collection programs requires that generators place 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, nor place materials designated for the green container or blue container into the gray container.

3. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste through backyard residential composting, and/or using a community composting site.

B. City may choose to comply with AVMC 7.05.290 instead of this section. [Ord. 2021-222 § 1 (Exh. A)].

7.05.310 Requirements for commercial businesses (standard compliance approach).

A. Generators that are commercial businesses, including applicable multifamily residential dwellings, shall:

1. Subscribe to the city’s three-container collection services and comply with requirements of those services as described below in subsection (A)(2) of this section. The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city.

2. Participate in the city’s three-container collection service(s) 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, nor place materials designated for the green container or blue container into the gray container.

3. Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsection (A)(4) of this section) for employees, contractors, tenants, and customers, consistent with the city’s blue container, green container, and gray container collection service or, if self- hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with AVMC 7.05.370.

4. Excluding multifamily residential dwellings, 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 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 city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

5. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (A)(4) of this section pursuant to 14 CCR Section 18984.9(b).

6. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with subsection (A)(2) of this section, or if recycling organics on site or self-hauling under AVMC 7.05.370 per the commercial businesses’ instructions to support its compliance with its on-site recycling or self-haul program.

7. Excluding multifamily residential dwellings, periodically inspect 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. 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. Provide education information before or within 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.

10. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with AVMC 7.05.380 to confirm compliance with the requirements of this chapter.

11. If a commercial business wants to self-haul, it must meet the self-hauler requirements in AVMC 7.05.370.

12. Nothing in this section prohibits a generator from preventing or reducing organic waste generation, managing organic waste on site, or using a community composting site.

13. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to AVMC 7.05.340.

B. City may choose to comply with AVMC 7.05.320 instead of this section. [Ord. 2021-222 § 1 (Exh. A)].

7.05.320 Requirements for commercial businesses (performance-based compliance approach).

A. Commercial businesses, which includes multifamily residential dwellings, shall:

1. With the exception of self-haulers subject to AVMC 7.05.370, be automatically enrolled in the city’s three-container collection services with a source separated blue recyclable materials container and a source separated green organic waste container, approved by the public works director or his or her designee. The city shall have the authority to change the minimum required service levels over time.

2. With the exception of self-haulers subject to AVMC 7.05.370, participate in the city’s three-container 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, nor place materials designated for the green container or blue container into the gray container.

3. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the city’s three-container collection services. The containers provided by the commercial business must have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

4. Excluding multifamily residential dwellings, 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 containers are provided for customers.

5. Excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, inspection, and/or other measures.

6. Excluding multifamily residential dwellings, periodically inspect blue container, green container, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

7. 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. This information shall also be provided to new tenants within 14 days of occupation of the premises.

8. Provide or arrange access for the city or its agents to their properties during all inspections to confirm compliance with SB 1383 regulations.

B. City may choose to comply with AVMC 7.05.310 instead of this section. [Ord. 2021-222 § 1 (Exh. A)].

7.05.330 Waivers for generators.

A. De Minimis Waivers. The city may waive a commercial business’s obligation (including that of a multifamily residential dwelling) to comply with some or all of the organic waste requirements if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (A)(2) of this section. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services from which they are requesting a waiver, and provide documentation as noted in subsection (A)(2) of this section.

2. Provide documentation that either:

a. 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

b. 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.

3. Notify city if any circumstances change such that commercial business’s organic waste exceeds the threshold required for the de minimis waiver, in which case the waiver will be rescinded.

4. Provide written verification of eligibility for the de minimis waiver every five years.

B. Physical Space Waivers. The city may waive a commercial business’s or property owner’s obligations (including those of multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers otherwise required for compliance with the organic waste collection requirements. A commercial business or property owner may request and maintain a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of collection services from which they are requesting a compliance waiver;

2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers, including documentation from applicant’s hauler, licensed architect, or licensed engineer; and

3. Provide written verification to the city that it remains eligible for the physical space waiver every five years thereafter.

C. Additional Waivers. The city may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The public works director or his or her designee shall be responsible for determining the grounds for a waiver, its scope, and appropriate administration.

D. Review and Approval of Waivers by City. Review and approval of waivers will be the responsibility of the public works director or his or her designee. [Ord. 2021-222 § 1 (Exh. A)].

7.05.340 Requirements for commercial edible food generators.

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

1. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

2. Allow the city’s designated enforcement entity or designated third party enforcement entity to access the premises and to review records pursuant to 14 CCR Section 18991.4.

3. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each food recovery service or organization that collections 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.

d. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017. [Ord. 2021-222 § 1 (Exh. A)].

7.05.350 Requirements for food recovery organizations and services.

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 for which the food recovery service transports edible food for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service from which the organization receives edible food for food recovery.

C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1st, July 1st, and September 1st of each year, report to the city in which they are located the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

D. Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments and other studies, food recovery services and food recovery organizations operating in the city shall, upon request, provide information and consultation to the city regarding existing or proposed new or expanded food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, or fewer days if the city requests a shorter time frame. [Ord. 2021-222 § 1 (Exh. A)].

7.05.360 Requirements for haulers and facility operators.

A. Requirements for Haulers.

1. Haulers shall meet the following requirements and standards as a condition of approval of a solid waste franchise, permit, or other authorization with the city to collect organic waste:

a. Through written notice to the city annually, on or before June 1st, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated green container organic waste.

b. Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR Division 7, Chapter 12, Article 2.

c. Obtain approval from the city to haul organic waste, unless transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris.

2. Haulers authorized to collect organic waste shall comply with education, equipment, signage, container-labeling, container color, contamination monitoring, reporting, and other requirements as specified by their respective permits or other agreements entered into with the city.

B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

2. 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 60 days. [Ord. 2021-222 § 1 (Exh. A)].

7.05.370 Self-hauler requirements.

A. Self-haulers shall source separate all recyclable materials and organic waste generated on site from 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.

B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials, and shall 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.

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

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

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

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

D. Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection (C) of this section to the city if requested.

E. A residential organic waste generator that self-hauls organic waste is not required to record information as otherwise required by subsection (C) of this section or report information as otherwise required by subsection (D) of this section. [Ord. 2021-222 § 1 (Exh. A)].

7.05.380 Inspections and investigations.

A. City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, self-haulers, hauler, food recovery service, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.

B. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in AVMC 7.05.390.

C. Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. City representatives or its designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. Contractors shall relay to city all written complaints they receive concerning acts or omissions of themselves or another entity that is potentially noncompliant with SB 1383 regulations, including anonymous complaints. [Ord. 2021-222 § 1 (Exh. A)].

7.05.390 Violations.

A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an enforcement officer. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The procedures set forth in Article II of Chapter 1.06 AVMC shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B. City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. Penalty amounts for types of violations of AVMC 7.05.290 through 7.05.380 are as set forth in AVMC 1.06.120.

D. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to AVMC 1.06.140.

E. Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, the city will conduct route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

F. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter.

G. This chapter shall be interpreted consistent with the city’s regulatory authority and shall only apply to local education agencies and other entities to the extent permitted by law, including SB 1383 regulations. [Ord. 2021-222 § 1 (Exh. A)].

Cross-references: construction or demolition debris, Chapter 7.15 AVMC; residential trash enclosures, AVMC 15.14.190; nonresidential trash enclosures, AVMC 15.22.090; recycling collection facilities, AVMC 15.22.100.