Chapter 8.24 REFUSE MATTER DISPOSAL

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Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their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

B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the state of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.

C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the state of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and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 jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program.

D. 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 jurisdictions, 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.

E. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This chapter 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. (Ord. 22-01 § 1).

8.24.020 Definitions.*

A. In this chapter, unless the context otherwise requires, the following terms shall be defined as follows:

“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 or source separated blue container organic waste.

“C&D” means construction and demolition debris, which includes debris composed of building materials, packaging and rubble resulting from the construction, remodeling, repair or demolition of pavements, houses, commercial, industrial, or agricultural buildings, and other structures.

“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).

“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 (and others).

“City” means the city of Benicia.

“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 multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of this chapter.

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74). 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 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” has the same meaning as in 14 CCR Section 17896.2(a)(4), which 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.

“Container” or “collection container” means, for the purpose of this chapter, any bin, box or cart used for the purpose of holding solid waste for collection.

“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 an agent or employee of the city or a person or entity with whom the city contracts to collect and dispose of residential, commercial, and industrial solid waste produced in the city.

“Designee” means an entity that a city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

“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.

“Enforcement action" means an action of the jurisdiction to address noncompliance with this chapter including, but not limited to, issuing administrative citations (Chapter 1.10 BMC), fines, penalties, or using other remedies, including enforcement provisions as described in this chapter.

“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 multifamily 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 antifreeze, 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 city or its designee for collection services.

“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).

“Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

“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; and

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.

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).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

“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 scraps” or “food waste” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, eggshells, and food soiled paper. “Food scraps” excludes fats, oils, and grease when such materials are source separated from other food scraps.

“Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

“Food-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

“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. Per the definition provided in 14 CCR Section 18982(a)(28), the gray container may be black, or black with a gray lid.

“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 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

“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).

“Hauler route” means the designated itinerary or sequence of stops for each segment of the jurisdiction’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

“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 a jurisdiction 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).

“Jurisdiction” means the city of Benicia, California.

“Jurisdiction enforcement official” means the city manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

“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).

“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.

“MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

“Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

“Notice of violation (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. A notice of violation includes a “prior written warning” as described in BMC 1.10.040(B) if the city elects to pursue enforcement through the administrative citation procedures under Chapter 1.10 BMC.

“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 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).

“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 city’s green container and/or blue container; and (4) excluded waste 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).

“Refinery industrial waste” means combustible and noncombustible material resulting from the construction, modification and operation of a petroleum refinery which is rejected by the owner as useless or offensive and which would not normally be disposed of by a municipal garbage removal and disposal system. Examples of refinery industrial waste include oily silt and dirt in sour and brackish water, flocculent chemical sludges, activated sludge, oily flocculent chemical sludge, oil silt, very finely divided catalyst and coke plus chunks of coke, bottom settlements and water from storage tanks, tars, oils, gasoline additive residues, spent catalyst, impure byproducts, and debris from construction and demolition. Refinery industrial waste does not include garbage from food services and wastepaper from office operations.

“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).

“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 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 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” or “SB 1383 regulatory” means or refers to, for the purposes of this chapter, 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 material 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” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

1. Hazardous waste, as defined in the State Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

“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). For the purposes of this chapter, “source separated” shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

“Source separated blue container organic waste” means source separated organic wastes that can be placed in a blue container that are 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 organic waste, carpets, noncompostable paper, and textiles.

“Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste.

“State” means the state of California.

“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.

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 chapter.

“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.

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 chapter.

“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. 22-01 § 1; Ord. 89-16 N.S. § 1, 1989).

* Code reviser’s note: Ord. 22-01 adds these provisions as BMC 8.24.010. The section has been editorially renumbered to prevent duplication.

8.24.030 Collection – Provision.

The city may provide for the collection and disposal of refuse, recyclables, and/or organics/green waste accumulated inside the city by granting to a qualified person the privilege of doing so. The privilege granted by the city may be either exclusive or nonexclusive, and may relate to all or a portion of the area within the city and may relate to all of such substances or to any one or more of said substances. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.020).

8.24.040 Collection – Contract – City to enter.

The city council may, with or without having invited bids therefor, enter into a contract with any responsible person for the collection, removal and disposal of refuse accumulated within the city. The term of said contract, rates of collection and other provisions of said contract shall be as provided by this chapter and by resolution of the city council. Where such a contract has been entered into and has been satisfactorily performed by the contractor, the city council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the city council shall provide by resolution. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.030).

8.24.050 Collection – Contract – Exclusive.

The city council may enter into an exclusive contract, subject to the exceptions set forth in this chapter, with a person for the collection and removal of refuse, recyclables, and/or organics/green waste from within the city. If an exclusive contract is entered into, it is unlawful for any person other than the authorized contractor designated by the city, or an agent or employee thereof, to collect or convey through the streets, alleys or other public thoroughfares of the city any refuse, recyclables, organics or green waste, or collect or dispose of the same except as provided in BMC 8.24.060, and except as otherwise provided by law. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.040).

8.24.060 Collection – Contract – Use of contractor’s services required.

A. If the city has an exclusive contract, it is mandatory for every person in the city to take the service provided by the contractor, except that any resident may dispose of refuse produced on his own premises only if he complies with the following:

1. He files an affidavit with the city manager setting forth an alternate means of disposal;

2. The department of public health approves the proposed method of disposal;

3. The city manager issues a permit authorizing the alternate method of disposal.

The city manager may impose any terms and conditions to the exercise of the privilege granted by the permit which are necessary to protect public health, prevent public and private nuisances, and prevent litter and to keep public and private property clean and sanitary.

B. Notwithstanding the provisions of subsection (A) of this section, a petroleum refinery may dispose of its own equipment or through special contract for disposal with a person other than the contractor. The exclusive contract which the city may have with the contractor does not apply to refinery industrial waste when the refinery elects to dispose of it through a special contract with another person.

C. Notwithstanding the provisions of subsection (A) of this section, the contractor shall not have the exclusive right to collect, haul, transport or dispose of the following types of solid waste or green waste:

1. Green waste when removed and transported by the gardening service performing the gardening;

2. Rubbish generated by construction and demolition which is accumulated as the result of new construction, structure demolition or modification, when:

a. The building or demolition/modification contractor owns and operates the hauling equipment necessary to remove and haul the demolished construction and modification rubbish generated; or

b. The construction and demolition rubbish generated is hauled by a vehicle or trailer commonly known as an “end dump,” which vehicle or trailer must have a nondetachable debris container with an open top and cannot be capable of loading itself and the drive remains with the vehicle while it is being loaded; provided further, that the equivalent services or equipment are not available from the contractor;

3. A building or demolition/modification contractor may not subcontract for construction and demolition rubbish hauling services except as is set forth in subsection (C)(2)(b) of this section; or

4. Solid waste or green waste which must be removed only as incidental to the infrequent clearing of a premises and when a vehicle or container of no greater than five cubic yards capacity is used to remove the solid waste or green waste. (Ord. 22-01 § 1; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.050).

8.24.070 Collection – Contract – Bonds and insurance.

The contractor shall furnish a bond, in the amount determined by the city attorney, in favor of the city conditioned upon the faithful performance by him of the duties imposed by ordinance, contract and rules and regulations of the city. The contractor shall obtain and keep in force, for the period covered by the contract, insurance in the types and amounts determined by the city attorney. (Ord. 22-01 § 1; Ord. 01-5, 2001. Formerly 8.24.060).

8.24.080 Collection – Contract – Termination – Grounds.

The city may terminate a contract entered into under this chapter and revoke the privilege granted by it if the contractor violates the contract, this chapter or any rule or regulation of the city, or state or federal law. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.070).

8.24.090 Collection – Contract – Termination – Hearing.

Before terminating a contract under BMC 8.24.080, the city council shall notify the contractor of the violation, default or breach, and give the contractor 10 days from the date of such notice to cure the same. If the contractor fails to cease the violation or if the contractor is guilty of the same or a similar violation within any calendar year, or fails to cure the default or breach after being so notified by the city, the city shall give the contractor at least 20 days’ notice of a hearing. The hearing conducted by the city council shall commence on the date stated in the notice and may be continued from day to day thereafter until completed and the city council shall hear any and all relevant evidence, and after the hearing has been completed, and the matter submitted, if the council finds that the contractor has violated (1) the contract, or (2) this chapter, or a rule or regulation of the city, or state or federal law applicable to the contractor, and has failed to cure the defect pursuant to the written notice previously served upon the contractor, the city council may terminate the contract. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.080).

8.24.100 Collection – Hauling requirements.

Refuse conveyed on streets in the city shall be hauled in a watertight-bodied motor truck, and in a manner so that the contents do not sift through or fall upon the street and do not blow upon the street or adjacent property. The truck body shall be constructed of material of sufficient strength to withstand fire within, without endangering persons or property. The truck body in which refuse is regularly hauled shall be washed at least once each week. Each truck shall be equipped with a covering drawn over the load as completed to full depth. Refuse in the truck shall be completely covered between the point of collection and the point of disposal; that insofar as is practicable, these requirements shall apply to refuse conveyed on streets in the city. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.090).

8.24.110 Collection – Frequency.

A. Refuse shall be collected at least once each week.

B. Hotels, restaurants and other institutions and business establishments may provide for more frequent collection by agreement with the contractor. Where necessary to protect the public health, the city manager may require that more frequent collection be made. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.100).

8.24.120 Property maintenance.

Each property owner shall maintain his property free of refuse, excessive recyclables, excessive organics and excessive green waste. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.110).

8.24.130 Container – Use required.

Every person who has charge or control of a residential place where refuse accumulates shall use the containers provided by the contractor for refuse, recyclables, and/or organics/green waste. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).

8.24.140 Container – Refuse.

A. A person having control of a place where refuse accumulates shall place the refuse in a container which:

1. Is watertight;

2. Is covered continuously except when being filled or emptied;

3. Is placed in a location accessible to the collector;

4. Is kept clean by the user.

B. Persons living in the same apartment house may use a single container in common. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).

8.24.150 Green waste – Bundles.

A person having control of a place where green waste accumulates may place such green waste in bundles weighing not more than 60 pounds and not more than four feet in length. Such bundles shall be at all times located not more than 10 feet from the refuse container required under BMC 8.24.130. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).

8.24.160 Container – Area to be kept clean.

Each person who has a refuse container shall keep the area where the refuse container(s) is/are located clean and free of refuse. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).

8.24.170 Container – Location.

Refuse containers and bundles shall be placed for collection at ground level in the street or alley. Containers and bundles may be placed for collection at other than ground level and at a distance of more than 40 feet from the street or alley when approved by the contractor and an additional charge for the extra service is agreed upon by both parties. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).

8.24.180 Storage prohibited.

No person may keep or dispose of refuse, recyclables, and/or yard waste in a manner or upon any place which affords food or harborage for rodents or insects, or which causes a public nuisance or public health hazard, or in a manner which violates this chapter. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.190).

8.24.190 Rates and charges – Classification of services.

A. For the purpose of rates, refuse collection service is classified as:

1. Single-family residential; and

2. Commercial.

B. “Single-family residential” means a single-family dwelling. “Commercial” means dwellings with two or more individual living units, business and commercial establishments and all other types of premises except single-family residential. (Ord. 22-01 § 1; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.210).

8.24.200 Rates and charges – Designated.

A. A person from whom refuse is collected shall pay the monthly fees for refuse collection service to the contractor. Such fees shall be set by the contractor and approved by the resolution of the city council.

B. Multiple Dwellings, Businesses, Restaurants, and All Other Establishments. A flat monthly charge for the collection of refuse may be levied by the refuse collector based on the average monthly amount of refuse removed as per agreement between the contractor and the customer subject to review by the city council. (Ord. 22-01 § 1; Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.220).

8.24.210 Basic commercial rate.

A. The basic commercial rate shall be established by the contractor for commercial establishments or premises, and the rate so established by the contractor shall be reasonable and uniform. Such rates shall be in line with rates charged for comparable service in similar cases in cities within the county and shall be subject to review by the city council.

B. A flat monthly charge for collection of refuse may be levied based on the average monthly amount of refuse removed, as agreed between the contractor and each owner of a building or establishment subject to commercial rates. An agreement setting a flat monthly charge is subject to review by the city council. (Ord. 22-01 § 1; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.230).

8.24.220 Hearing upon complaint of unreasonable charges.

A person complaining that a charge for collection is unreasonable shall file a written complaint with the city manager setting forth the basis of the complaint and the factual grounds for the same. The city manager shall notify the contractor in writing of the complaint filed and furnish the contractor with a copy of the complaint, and if either party requests, the city manager may conduct a hearing to determine the reasonableness of a charge in the complaint. After the city manager has made a determination, either the contractor or the complainant or both may appeal the decision of the city manager to the city council, and the city council may, with or without a hearing, make a finding and decision which shall be final as to both the contractor and the complainant. (Ord. 22-01 § 1; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.240).

8.24.230 Prohibited disposal methods.

A. A person shall not throw or deposit refuse on any place.

B. A person shall not burn or bury refuse. (Ord. 22-01 § 1; Ord. 89-16 N.S. § 1, 1989. Formerly 8.24.250).

8.24.240 Ownership of refuse, green waste, and recyclables.

A. All refuse, organics/green waste, recyclables, and any other material deposited into approved waste containers, including both residential and commercial containers, are the property of the contractor when containers are placed out for collection services. This does not apply to any hazardous waste or other wastes that are not permitted by federal, state, or local laws and regulations to be deposited in refuse collection containers.

B. Prior to being placed out for collection, all material in approved waste containers belongs to the property owner(s)/tenant(s) in all areas of the city. (Ord. 22-01 § 1; Ord. 13-11 § 1. Formerly 8.24.260).

8.24.250 Requirements for single-family generators.

Organic waste generators shall subscribe to a three-container collection service, which includes a blue container, green container and gray container, and shall comply with the following requirements, except single-family generators that meet the self-hauler requirements in BMC 8.24.310 and to the extent otherwise permitted by the municipal code:

A. Shall subscribe to the city’s organic waste collection services for all organic waste generated as described in subsection (B) of this section. City or designee 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 on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

B. Shall participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below and shall not place prohibited container contaminants in collection containers.

1. Generators shall 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. (Ord. 22-01 § 1).

8.24.260 Requirements for commercial businesses.

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

A. Subscribe to the city’s three-container collection services and comply with requirements of those services as described in subsection (B) of this section, except commercial businesses that meet the self-hauler requirements in BMC 8.24.310 and to the extent otherwise permitted by the municipal code. City or designee 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 designee.

B. Except commercial businesses that meet the self-hauler requirements in BMC 8.24.310, participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below:

1. Generator shall 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. Generator shall not place materials designated for the gray container into the green container or blue container.

2. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (B)(3)(a) and (b) of this section) for employees, contractors, tenants, and customers, consistent with city’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with BMC 8.24.310.

3. 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 this 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.

4. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (B)(3) of this section pursuant to 14 CCR Section 18984.9(b).

5. 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 per the city’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with BMC 8.24.310.

6. Excluding multifamily residential dwellings, 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).

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.

8. 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.

9. Provide or arrange access for city or designee to their properties during all inspections conducted in accordance with BMC 8.24.330 to confirm compliance with the requirements of this chapter.

10. Accommodate and cooperate with city’s program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with BMC 8.24.330.

11. At commercial business’s option and subject to any approval required from the city, implement a 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.

12. If a commercial business wants to self-haul, meet the self-hauler requirements in BMC 8.24.310.

13. Nothing in this section prohibits a generator from preventing or reducing waste generation, or managing organic waste on site pursuant to 14 CCR Section 18984.9(c).

14. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to BMC 8.24.280. (Ord. 22-01 § 1).

8.24.270 Waivers for generators.

A. De Minimis Waivers. A city may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter 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 that they are requesting a waiver from 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 circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five years, if jurisdiction has approved de minimis waiver.

B. Physical Space Waivers. City may waive a commercial business’s or property owner’s obligations (including 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, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of BMC 8.24.260.

A commercial business or property owner may request a physical space waiver through the following process:

1. Submit an exemption request form, which can be obtained from the city, to the public works department specifying the type(s) of collection services for 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 its hauler, licensed architect, or licensed engineer.

3. Provide written verification to the city’s public works director or his/her designee that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver. (Ord. 22-01 § 1).

8.24.280 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 with this section 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 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: (a) the collection of edible food for food recovery; or (2) 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 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 18991.4:

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.

6. No later than May 1st of each year commencing no later than May 1, 2022, for tier one commercial edible food generators and May 1, 2024, for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the records listed in subsection (C)(5) of this section.

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 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 22-01 § 1).

8.24.290 Requirements for edible 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 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 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 shall inform generators about California and federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

D. 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 May 1, 2022.

E. Food Recovery Capacity Planning.

1. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the jurisdiction 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 organization contacted by the jurisdiction shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the jurisdiction. (Ord. 22-01 § 1).

8.24.300 Requirements for haulers and facility operators.

A. Exclusive or nonexclusive franchised hauler(s), as applicable, 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 jurisdiction to collect organic waste:

1. Through written notice to the city annually on or before May 1, 2022, identify the facilities to which they 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. Hauler shall not be required to transport any containers with prohibited container contaminants to a facility, operation, activity, or property that recovers organic waste.

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 or BMC Title 15.

4. The authorization of exclusive or nonexclusive franchised hauler(s), as applicable, to collect organic waste shall comply with any education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, or other applicable agreement, 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 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 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. 22-01 § 1).

8.24.310 Self-hauler requirements.

A. Self-haulers shall source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) 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 as specified in 14 CCR Section 18984.3.

B. 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.

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.

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 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 city if requested.

E. A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsections (C) and (D) of this section. (Ord. 22-01 § 1).

8.24.320 Procurement requirements for city departments, direct service providers, and vendors.

A. City departments, and direct service providers to the city, as applicable, must comply with the city-adopted procurement policy for recovered organic waste product recycled-content paper.

B. All vendors providing paper products and printing and writing paper to the city shall:

1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of nonrecycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than nonrecycled items.

2. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 CFR 260.12.

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both, can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

5. Provide records to the city’s designated personnel member for purposes of recovered organic waste product procurement recordkeeping, in accordance with the city’s recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (B)(3) and (4) of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided. (Ord. 22-01 § 1).

8.24.330 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, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection.

B. 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 designated entity/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 of this chapter described herein.

1. It is a violation of this chapter which may result in penalties as described in BMC 8.24.340 to fail to provide or arrange for:

a. Access to an entity’s premises; or

b. Access to records for any inspection or investigation.

C. Any records obtained by 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, its designated entity, and/or 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. (Ord. 22-01 § 1).

8.24.340 Enforcement and penalties.

A. Any enforcement officer shall have the duty and authority to enforce the provisions of this chapter.

B. No person shall deny or obstruct the making of any inspection or collection or removal.

C. Any person violating the provisions of this chapter shall be deemed to be guilty of an infraction. Any violation of this chapter is a public nuisance and may be punished or enforced in accordance with the provisions of this chapter, or Chapter 1.08, 1.10, or 8.04 BMC. Two or more subsequent violations of this chapter by the same person or persons within a 12-month period may be charged and prosecuted as a misdemeanor. Any violation shall be subject to administrative citation and imposition of civil penalties under Chapter 1.10 BMC in the following amounts:

1. A fine not exceeding $50.00 for a first violation;

2. A fine not exceeding $100.00 for a second violation of the same provision of this code within any 12-consecutive-month period;

3. A fine not exceeding $250.00 for each additional violation of the same provision of this code within any 12-consecutive-month period.

D. Nothing herein shall be interpreted to limit or exclude any other remedies available to the city under this code or otherwise allowed by law, including civil action or prosecution as misdemeanor or infraction. Any such storage, collection, or accumulation of solid waste on a premises not in compliance with this chapter shall be deemed a nuisance and subject to summary abatement under Chapter 8.04 BMC, and costs of abatement shall be subject to being imposed as a lien against the property in accordance with the provisions of Chapter 8.04 BMC.

E. Penalty Amounts for Types of Violations. The penalty levels for city-issued notices of violation are as follows:

1. For a first violation, the amount of the base penalty shall be $50.00 per violation.

2. For a second violation, the amount of the base penalty shall be $100.00 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $250.00 per violation.

F. Compliance Deadline Extension Considerations. The city may, in writing, extend the compliance deadlines if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation, as described in Chapter 8.54 BMC.

H. Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, jurisdiction will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that organic waste generator, self-hauler, hauler, tier one 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 by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. 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 section, as needed. (Ord. 22-01 § 1).

For statutory provisions authorizing cities to contract for the collection and disposal of refuse, see Public Resources Code §§ 40059 and 49300.

Prior legislation: prior code §§ 7-301, 7-311 – 7-320, 7-331 – 7-341, 7-351 – 7-355; Ords. 77-1 N.S., 81-7 N.S. and 86-1 N.S.