Chapter 8.18
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE1
Sections:
8.18.030 Requirements for single-family generators.
8.18.040 Requirements for commercial businesses.
8.18.050 Requirements for commercial edible food generators.
8.18.060 Requirements for food recovery organizations and services.
8.18.070 Requirements for haulers and facility operators.
8.18.080 Self-hauler requirements.
8.18.090 Compliance with CALGreen recycling requirements.
8.18.100 Procurement requirements for City departments, direct service providers, and vendors.
8.18.110 Model water efficient landscaping ordinance requirements.
8.18.120 Inspections and investigations by City or designee.
8.18.130 Delegation of authority.
8.18.010 Title.
This chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance.” (Ord. 754 § 1, 2021).
8.18.020 Definitions.
A. “Blue container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.
B. “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).
C. “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 CCR).
D. “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 implementing this chapter.
E. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
F. “Compliance review” means a review of records by the City to determine compliance with this chapter, SB 1383, and SB 1383 regulations.
G. “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).
H. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
I. “Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
J. “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).
K. “C&D” means construction and demolition debris.
L. “Designated source separated organic waste facility,” as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
1. The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent on and after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream.
a. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in subsection (L)(1) of this section for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a “designated source separated organic waste facility.”
2. The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
a. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a “designated source separated organic waste facility.” For the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
M. “Designee” means an entity that the City authorizes, permits, or contracts with or otherwise arranges to carry out any or all of its responsibilities under this chapter, SB 1383, and/or SB 1383 regulations, as authorized in 14 CCR Section 18981.2. A designee may be a government entity, regional agency, a hauler, a private entity, or a combination thereof.
N. “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.
O. “Enforcement action” means an action of the City to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
P. “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 Public Resources Code Sections 41500 and 41802. Excluded waste does not include used motor oil and filters, household batteries, electronic wastes, universal wastes, and/or paints and coatings 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.
Q. “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).
R. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
S. “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).
T. “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.
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.
U. “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).
V. “Food scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps exclude fats, oils, and grease when such materials are source separated from other food scraps.
W. “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).
X. “Food-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, paper towels, napkins, tissues, and pizza boxes, and milk cartons that are generated in all areas of commercial buildings and properties. This definition excludes paper that has contacted substantial amounts of inorganic, toxic, or corrosive substances.
Y. “Food waste” means food scraps, food-soiled paper, and compostable plastics.
Z. “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.
AA. “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).
BB. “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.
CC. “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).
DD. “Hauler route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
EE. “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).
FF. “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).
GG. “City” means the City of Calistoga.
HH. “Enforcement official” means the interim City Manager of Calistoga or other duly appointed official.
II. “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.
JJ. “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.
KK. “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).
LL. “Mixed waste organic collection stream” or “mixed waste” means organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
MM. “Multifamily residential dwelling” or “multi-family” 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.
NN. “MWELO” refers to the model water efficient landscape ordinance (MWELO), 23 CCR Division 2, Chapter 2.7.
OO. “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).
PP. “Nonlocal entity” means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
1. Special district(s) located within the boundaries of the City.
2. Federal facilities, including military installations, located within the boundaries of the City.
3. Prison(s) located within the boundaries of the City.
4. Facilities operated by the State park system located within the boundaries of the City.
5. Public universities (including community colleges) located within the boundaries of the City.
6. County fairgrounds located within the boundaries of the City.
7. State agencies located within the boundaries of the City.
QQ. “Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
RR. “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.
SS. “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).
TT. “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).
UU. “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).
VV. “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).
WW. “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 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 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 green container and/or blue container; and (4) excluded waste placed in any container.
XX. “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).
YY. “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).
ZZ. “Recycled-content paper” means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
AAA. “Regional agency” means regional agency as defined in Public Resources Code Section 40181 and the Upper Valley Waste Management Agency, of which the City is a member.
BBB. “Remote monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
CCC. “Renewable gas” means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
DDD. “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).
EEE. “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).
FFF. “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.
GGG. “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 and 27 CCR.
HHH. “Self-hauler” means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person or facility. “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).
III. “Single-family” means of, from, or pertaining to any residential premises with fewer than five units.
JJJ. “Solid waste” has the same meaning as defined in 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 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 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 Public Resources Code.
KKK. “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.
LLL. “Source separated blue container organic waste” means source separated organic 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).
MMM. “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.
NNN. “Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste.
OOO. “State” means the State of California.
PPP. “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).
QQQ. “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.
RRR. “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.
SSS. “Uncontainerized green waste and yard waste collection service” or “uncontainerized service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 18982(a)(75).
TTT. “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. 754 § 2, 2021).
8.18.030 Requirements for single-family generators.
Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in CMC 8.18.080:
A. Shall subscribe to the City’s organic waste collection services for all organic waste generated as described in subsection (B) of this section. 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 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. 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. Generators shall not place materials designated for the gray container into the green container or the blue container. (Ord. 754 § 3, 2021).
8.18.040 Requirements for commercial businesses.
Generators that are commercial businesses, including multifamily residential dwellings, shall:
A. Subscribe to the City’s organic waste collection services as described below in subsection (B) of this section, except commercial businesses that meet the self-hauler requirements of CMC 8.18.080. 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.
B. Except commercial businesses that meet the self-hauler requirements of CMC 8.18.080, participate in the City’s organic waste collection services 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.
C. 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 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 CMC 8.18.080.
D. 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. If a commercial business provides substantial evidence and the City agrees that the 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:
1. A body or lid that conforms with the container colors provided through the collection service provided by the 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.
2. 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.
E. 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 CMC 8.18.080.
F. Excluding multifamily residential dwellings, inspect at least one time per month 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).
G. On at least a quarterly basis, 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.
H. 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 and the location of containers and the rules governing their use at each property.
I. Provide or arrange access for the City, its agent, or its designee to their properties during all inspections to confirm compliance with the requirements of this chapter.
J. Accommodate and cooperate with any remote monitoring program approved by the City or its designee.
K. If a commercial business wants to self-haul, meet the self-hauler requirements of CMC 8.18.080.
L. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
M. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of CMC 8.18.050. (Ord. 754 § 4, 2021).
8.18.050 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, 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 (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the enforcement official or a designee 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.
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. 754 § 5, 2021).
8.18.060 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 to 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 received 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 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 or its designee 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), no later than July 30th and upon the City’s or its designee’s request.
E. Food Recovery Capacity Planning.
1. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments, food recovery organizations operating in the City shall provide information and consultation to the City or its designee, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City or its designee and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City or its designee shall respond to such request for information within 60 days.
2. Cities, towns, special districts that provide solid waste collection services, and regional agencies located within the County shall conduct edible food recovery capacity planning, in coordination with the County.
a. If the County identifies that new or expanded capacity to recover edible food is needed, then each jurisdiction within the County that lacks capacity shall:
i. Submit an implementation schedule to CalRecycle and the County that demonstrates how it will ensure there is enough new or expanded capacity to recover the edible food currently disposed by commercial edible food generators within its jurisdiction by the end of the reporting period set forth in 14 CCR Section 18992.3. The implementation schedule shall include the information specified in 14 CCR Section 18992.2(c)(1)(A).
ii. Consult with food recovery organizations and food recovery services regarding existing or proposed new and expanded capacity that could be accessed by the jurisdiction and its commercial edible food generators.
b. If the County finds that new or expanded capacity is needed, the County shall notify the jurisdiction(s) that lack sufficient capacity.
c. A city or town, special district that provides solid waste collection services, or regional agency contacted by the County pursuant to this section shall respond to the County’s request for information within 120 days of receiving the request from the County, unless a shorter time frame is otherwise specified by the County. (Ord. 754 § 6, 2021).
8.18.070 Requirements for haulers and facility operators.
A. Requirements for Haulers.
1. Franchised and permitted haulers providing residential, commercial, or industrial organic waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City or regional agency to collect organic waste:
a. Through written notice to the City or regional agency annually on or before January 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 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.
c. Obtain approval from the City or regional agency 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, this chapter, and any applicable provision(s) of this code.
2. Franchised and permitted haulers authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with City or regional agency.
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 request of the City or regional agency, 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 or regional agency shall respond within 60 days.
2. Community composting operators, upon request of the City or regional agency, shall provide information to the City or regional agency 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 or regional agency shall respond within 60 days. (Ord. 754 § 7, 2021).
8.18.080 Self-hauler requirements.
A. Self-haulers shall source separate all recyclable materials and organic waste (materials the City otherwise requires generators to separate for collection in its 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 or its designee. 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 the City or its designee if requested. Self-haulers must also register with the City or its designee prior to engaging in hauling.
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. 754 § 8, 2021).
8.18.090 Compliance with CALGreen recycling requirements.
A. Persons applying for a permit from the City for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen.
B. Project applicants shall refer to City’s building and/or planning code for complete CALGreen requirements.
C. For projects covered by CALGreen, the applicants must, as a condition of the City’s permit approval, comply with the following:
1. Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three container collection program offered by the City, or comply with provision of adequate space for recycling for multifamily complexes and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR Part 11 as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
2. New commercial construction or additions resulting in more than 30 percent of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the City, or shall comply with provision of adequate space for recycling for multifamily complexes and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR Part 11 as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of compost material in C&D from disposal. Comply with all provisions of this code and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. (Ord. 754 § 9, 2021).
8.18.100 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’s Recovered Organic Waste Product Procurement Policy, as adopted and amended from time to time by the City Council.
B. All vendors providing paper products and printing and writing paper 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 Code of Federal Regulations (CFR) Section 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 (2013).
5. Provide records to the City’s recovered organic waste product procurement recordkeeping employee or agent, in accordance with the City’s recycled-content paper procurement policies, 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. 754 § 10, 2021).
8.18.110 Model water efficient landscaping ordinance requirements.
A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review, if applicable, from the City, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section.
B. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR Division 2, Chapter 2.7.
C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (A) of this section shall:
1. Comply with Sections 492.6(a)(3)(B), (C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
b. For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (A) of this section shall consult the full MWELO for all requirements.
D. If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015, requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR Division 2, Chapter 2.7 shall be enforced. (Ord. 754 § 11, 2021).
8.18.120 Inspections and investigations by City or designee.
City representatives and its designee 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 the City to enter the interior of a private residential property for inspection. 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. Failure to provide or arrange for: (A) access to an entity’s premises; (B) installation and operation of remote monitoring equipment or (C) access to records for any inspection or investigation is a violation of this chapter.
A. Any records obtained by the City and/or its designee 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.
B. City representatives and 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.
C. The City and/or its designee shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. (Ord. 754 § 12, 2021).
8.18.130 Delegation of authority.
A. The City Council may delegate all City responsibilities and authority under this chapter, SB 1383, and SB 1383 regulations including, but not limited to, those related to organic waste collection services, education, inspections and investigations, and edible food recovery services, to its designee by:
1. Contracts with haulers or other private entities; or
2. Agreements such as memorandums of understanding with other jurisdictions, entities, regional agencies as defined in Public Resources Code Section 40181, or other government entities, including environmental health departments.
B. The City Council may not delegate authority to impose civil penalties, or to maintain an action to impose civil penalties under CMC 8.18.140 or as otherwise provided in this code. (Ord. 754 § 13, 2021).
8.18.140 Enforcement.
A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine or penalty by the enforcement official. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines as required in Calistoga’s Municipal Codes are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or an infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
C. Responsible Entity for Enforcement. Enforcement pursuant to this chapter may be undertaken by the enforcement official.
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 Calistoga’s Municipal Codes.
E. Education Period for Noncompliance Beginning January 1, 2022, and Through December 31, 2023. The City will conduct inspections, remote monitoring, 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, food recovery organization, food recovery service, or other entity is not in compliance, the City 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 from the City 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, as needed. (Ord. 754 § 14, 2021).
Code reviser’s note: Ord. 754 adds this chapter as Chapter 8.16. It has been editorially renumbered to avoid duplication of numbering.