Chapter 8.16 SOLID WASTE AND MATERIALS RECOVERY*

A. The purpose of this chapter is to regulate discarded materials handling in order to protect the public health, safety, and welfare and to meet the City’s obligations under applicable law.

B. Pursuant to the California Constitution, the City is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of discarded materials handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether discarded materials services are to be provided by means of nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license, or permit.

C. Nothing in this chapter shall be construed to forbid the maintenance in the R-1 district, according to good gardening practice, of a compost pile consisting of pine needles, leaves, grass and garden debris in a quantity appropriate for use on the premises. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.020 Definitions.

A. The words listed in this section, as used in this chapter, are defined as follows:

1. “AB 939” means the California Integrated Waste Management Act of 1989 (Assembly Bill No. 939), codified, in part, at Public Resources, Section 4000 et seq., as it may be amended from time to time, and as implemented by the regulations of the California Integrated Waste Management Board, or its successor.

2. “Agreement” means a contract entered into between the City and a service provider providing for, among other things, the award of a franchise, payment of franchise fees, and procedures for the service provider’s collection, transportation, processing, and/or disposal of discarded materials and the setting of rates and charges for services.

3. “Applicable law” means all laws, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, approvals, or requirements of the United States, State of California, regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern the management of discarded materials, or any other materials described in this chapter.

4. “Bin” means a metal container with a hinged lid and wheels, less than 10 cubic yards in size, for the deposit of discarded materials, designed to be collected with a front- or rear-loading collection vehicle.

5. “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). CalRecycle also enforces California’s Green Building Standards Code known as CALGreen.

6. “City” means the City of Carmel-by-the-Sea, a municipal corporation acting through its City Council, and all the territory lying within the municipal boundaries of the City.

7. “City Enforcement Official” means the City’s Code Enforcement Officer, the Environmental Compliance Manager, or their representative who is/are partially or wholly responsible for enforcing this chapter.

8. “CMC” means the Carmel Municipal Code.

9. “Commercial” means of, from or pertaining to nonresidential premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property.

10. “Commercial business” means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or industrial facility.

11. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator.

12. “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.

13. “Compactor” means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two- to eight-cubic-yard bin compactors serviced by front-end loader collection vehicles and 10- to 50-cubic-yard drop box compactors serviced by roll-off collection vehicles.

14. “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.

15. “Compostable plastics” means plastic materials that meet the ASTM D6400 standard for compostability.

16. “Construction and demolition debris” or “C&D debris” means discarded building materials, packaging, debris, and rubble, including concrete, lumber, brick, and plaster, resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste.

17. “Container” means a receptacle used to accumulate discarded materials on premises for scheduled or periodic collection. Containers may be carts, bags, bins, drop boxes, compactors, public litter containers, or other City-approved receptacles.

18. “Container contamination” or “contaminated container” means a container, regardless of color, that contains materials prohibited in that container by the guidelines promulgated by the material recovery facility servicing the City.

19. “Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under applicable law, or who performs (whether as applicant, contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to commercial or residential premises in the State of California.

20. “Curbside” is the standard word used in the garbage industry to describe that area adjacent to a premises on the curb located at its front. As used in this chapter, “curbside” means such locations in the commercial districts and, when referring to the curbless residential district, it means an area on or immediately adjacent to the public right-of-way in front of the premises. Thus, “curbside collection” means the collection and removal by the franchise hauler of discarded materials placed at the curbside.

21. “Designated waste” means nonhazardous waste which may pose special disposal problems because of its potential to contaminate the environment, and which may be disposed of only in Class II or Class III disposal sites.

22. “Designee” means an entity that a City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this chapter. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

23. “Discarded materials” means any one or combination of solid waste, recyclable materials, organic materials, salvageable materials, and/or construction and demolition (C&D) debris placed by a generator in a collection container and/or at a location for the purposes of collection. This does not include excluded waste.

24. “Drop box” means an open-top container with a capacity of 10 to 40 cubic yards that is serviced by a roll-off collection vehicle.

25. “Edible food” means food intended for human consumption.

26. “Electronic waste” means any discarded electronic devices and components as well as substances involved in their manufacture or use as defined under various Federal, State, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements, as they may be amended from time to time, of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any hazardous waste.

27. “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.

28. “Excluded waste” means hazardous substances, 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 City’s, its designee’s, or its franchise hauler’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee or franchise hauler, 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. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by City or its franchise hauler for collection services.

29. “Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

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

31. “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed of.

32. “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, including, but not limited to:

a. A food bank;

b. A nonprofit charitable organization; and

c. A nonprofit charitable temporary food facility.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter.

33. “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. A food recovery service is not a commercial edible food generator for the purposes of this chapter.

34. “Food scraps” means discarded food and food-soiled materials such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells that will decompose and/or putrefy. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps. Food scraps are a subset of organic materials.

35. “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.

36. “Food waste” means food scraps, food-soiled paper, and compostable plastics.

37. “Franchise” means the exclusive or nonexclusive rights granted by the City Council to provide collection services to customers in the City.

38. “Franchise hauler” means the holder of a franchise for solid waste, recyclables, and organic waste collection in the City.

39. “Franchised discarded materials” means those categories of discarded materials required to be collected or otherwise handled by a franchise hauler, as described in and pursuant to a franchise agreement.

40. “Generator” means a person or entity that is responsible for the initial creation of one or more types of discarded materials.

41. “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.

42. “Hauler route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area.

43. “Hazardous substance” means any of the following: any substances defined, regulated or listed (directly or by reference) as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic waste,” “pollutant,” or “toxic substances,” or similarly identified as hazardous to human health or the environment, in or pursuant to State and Federal law.

44. “Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by State and Federal law.

45. “Household hazardous waste” or “HHW” means hazardous waste generated at residential premises within the City. HHW includes: electronic waste, universal waste, paint, stain, varnish, thinner, adhesives, auto products such as fuel, used motor oil, used oil filters, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.

46. “Inspection” means a site visit where a City official reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter.

47. “Large event” means an event 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, 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.

48. “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.

49. “Materials recovery facility” means:

a. A facility licensed or permitted in accordance with AB 939 which separates secondary materials, such as paper or mixed glass and metal containers, and processes them for sale to end users; or

b. A firm that purchases and markets source-separated solid wastes and recyclable materials.

50. “Medical waste” means materials which are generated or produced as a result of diagnosis, treatment, or immunization of humans or animals; the production or testing of biologicals and sharps waste; laboratory waste including human or animal specimen cultures from medical and pathology laboratories; cultures and stock of infectious agents from research and industrial laboratories; waste from the production of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research, and discarded animal vaccines; human or animal surgery specimens or tissues; waste containing materials contaminated with excretion exudates or secretions from humans that are required to be isolated by infection control staff, the attending physician, or local health officer to protect others from highly communicable diseases; biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, and veterinary facilities.

51. “Multifamily residential dwelling” or “multifamily,” pursuant to CMC 17.68.030, means of, from, or pertaining to a building or group of buildings on a single building site that contains five or more dwellings, each with its own facilities for parking, living, sleeping, cooking, and eating. This classification includes condominiums, townhouses, and apartments.

52. “MWELO” refers to the State law known as the Model Water Efficient Landscape Ordinance (MWELO).

53. “Organic materials” means those materials approved by the City for collection in its organic materials collection program. Organic materials include yard trimmings, food scraps, and food-soiled papers that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing.

54. “Organic waste” means solid wastes containing material originating 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.

55. “Paper products” includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.

56. “Person” means any individual, firm, association, organization, partnership, corporation, trust, joint venture, or public entity.

57. “Premises” means any tract or plot of land with the building(s) thereon or any building or part of a building used as a dwelling, place of living or place of business by any person, persons, or business entity and shall include all outbuildings used in connection therewith, including, but not limited to, garages, woodsheds and the like, and all open spaces on any building site in connection therewith in the City where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel which are owned by the same person shall be considered as one premises. Premises devoted to residential use having once been occupied shall for all purposes of this chapter be considered as occupied premises in the future, except for such periods of time as an exemption from service or minimum charge may have been obtained pursuant to CMC 8.16.140.

58. “Prohibited container contaminants” means the following: (a) discarded materials placed in the recyclable materials container that are not identified as acceptable source-separated recyclable materials for the City/County/district’s recyclable materials container; (b) discarded materials placed in the organic materials container that are not identified as acceptable source-separated organic materials for the City/County/district’s organic materials container; (c) discarded materials placed in the solid waste container that are acceptable source-separated recyclable materials and/or source-separated organic materials to be placed in City/County/district’s organic materials container and/or recyclable materials container; and (d) excluded waste placed in any container.

59. “Recovered organic waste products” means products made from California landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.

60. “Recyclable materials” means those materials approved by the City that may be collected, sorted, cleansed, treated, and reconstituted through the City’s recyclables collection program into material that would otherwise become solid waste, and returned 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. Such material regularly accumulates as an incident to occupation of premises and includes glass, paper, newsprint, aluminum, steel, plastic, cardboard and the like. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and solid waste. “Recyclable materials” shall include, but not be limited to, newspaper (including inserts, coupons, and store advertisements), mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, colored paper, legal pad backings, shoe boxes, cereal, and other similar food boxes), chipboard, corrugated cardboard, glass containers of any color (including brown, clear, and green glass bottles and jars), aluminum (including beverage containers and small pieces of scrap metal), steel, tin, or bimetal cans, rigid plastics with a neck, and, those materials added by the material recovery facility servicing the City from time to time.

61. “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.

62. “Residential” shall mean of, from, or pertaining to a single-family premises or multifamily residential dwelling premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

63. “Responsible party” means the owner, property manager, tenant, lessee, occupant, or other person that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the City, or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily residential dwelling premises, or commercial business premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, “responsible party” shall mean the owner of a single-family premises, multifamily residential dwelling premises, or commercial business premises.

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.

65. “Salvageable materials” means discarded materials that may be subsequently reused in their original form for the same or similar purpose.

66. “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.

67. “Self-hauler” means a person who hauls solid waste, organic waste or recyclable material they have generated to another person or facility. Self-hauler also includes a landscaper or construction material hauler, or a person who back-hauls waste. “Back-haul” means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator’s or responsible party’s own employees and equipment.

68. “Single-family,” pursuant to CMC 17.68.030, means one dwelling, attached or detached, located on a single building site, containing only one kitchen, designed for or used to house not more than one family – including all domestic employees of the family – and associated facilities for parking, living, sleeping, cooking, and eating.

69. “Solid waste” means 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, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

a. Hazardous waste.

b. Radioactive waste regulated pursuant to the State Radiation Control Law.

c. Medical waste regulated pursuant to the State Medical Waste Management Act. Untreated medical waste shall not be disposed of in a solid waste landfill. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to State law.

d. Recyclable materials, organic waste, and C&D debris when such materials are source-separated.

70. “Solid waste container” shall be used for the purpose of storage and collection of solid waste.

71. “Source separated” or “source-separated (materials)” means materials, including commingled recyclable materials and organic 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. For the purposes of this chapter, “source separated” shall include separation of materials by the generator, responsible party, or responsible party’s employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.

72. “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).

73. “Universal waste” means all wastes that include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and electronic waste.

74. “State” means the State of California.

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

a. Supermarket.

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

c. Food service provider.

d. Food distributor.

e. Wholesale food vendor.

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

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

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

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

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

e. Large event.

77. “Yard waste” or “yard trimmings” means types of organic waste resulting from normal yard and landscaping installation, maintenance, or removal, such as grass clippings, leaves, brush, weeds, trimmings, garden debris and the like, which accumulate upon premises. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.030 Solid Waste, Recyclable Materials and Organic Materials – General Provisions.

A. No person shall reside, inhabit or lease to any other person residential property, and no person shall operate any business or lease to any other person commercial property within the City, at any time during which franchised discarded materials collection service is not being provided to the premises by the City’s franchise hauler, unless exempt as provided herein. No real estate broker, service or salesperson shall arrange for such rentals without ensuring that the agreement includes requirements that such services exist. The legal owner of property and the occupant of such property shall each be separately responsible for ensuring compliance with this provision.

B. The occupant of each premises within the City, or the owner of any other premises upon which solid waste may be produced or accumulated, shall obtain and maintain adequate disposal service from the City’s franchise hauler, and shall be liable for and pay the full amount of all fees or charges imposed for such services.

C. Every tenant, lessee, occupant or owner of any premises where solid waste, recyclable materials or organic materials containers are provided shall be responsible for keeping such containers in a clean and sanitary condition.

D. It shall be unlawful for the owner, occupant, or manager of any premises to allow the accumulation of any discarded materials in, on, or under any premises at any time which is, or may become, a menace to health and sanitation or a fire hazard. It shall be unlawful for the owner, occupant, or manager of any premises to ever at any time allow any discarded materials of any kind to remain in, on, or under such premises for a period exceeding that allowed by applicable law. Any unauthorized accumulation of discarded materials on any property or premises is hereby declared an unlawful public nuisance, is hereby prohibited, and may be abated pursuant to the provisions of Chapter 15.57 CMC (Property Nuisances).

E. No solid waste, recyclable materials or organic material containers shall be loaded so that the combined weight of the container and contents exceeds 60 pounds, with the exception of an approved container provided by the franchise hauler specifically for such purposes.

F. All containers shall be placed and maintained in a location readily accessible to the City, its designee, or its franchise hauler, and not constituting either a fire hazard or a public nuisance.

G. Upon written notification from the City that containers are being maintained in a hazardous or offensive condition, they shall be cleaned or relocated immediately by the responsible party.

H. Enclosures that contain solid waste, recyclable materials or organic materials containers must be located in places convenient for the removal of discarded materials and must be approved by the City’s Planning Department, Code Enforcement Officer, and the Environmental Compliance Manager. Enclosures, including gates and gate hardware, must be maintained in good working condition, and readily accessible by the City, designee, or franchise hauler. If an enclosure is not adequately maintained, service may be withheld until the condition is remedied to the satisfaction of the City’s Code Enforcement Officer, the Environmental Compliance Manager, or their representative. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.040 Improper Deposit of Solid Waste.

A. It shall be unlawful for any person to place, deposit, keep, or bury any discarded materials on, in, or under any premises, including the beach, alleys, streets, and highways, and as hereinafter provided. It shall be unlawful for any person to deposit any discarded materials in any City storm sewer, storm drain channel, inlet, or plumbing fixture or pipe connected thereto. It shall be unlawful for any person to bury discarded materials.

B. All solid waste, recyclable materials, and organic materials must be removed from the premises where the garbage is created by the City’s franchise hauler. It is unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped in any containers reserved for the use of any other household, business or other entity (including the general public, in the case of public litter and recycling containers), any discarded materials without express written permission from such household, business or other entity. Businesses and residents shall not use public litter and recycling containers for the deposit of materials generated at their household or business. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.050 Rates and Fees.

A charge shall be collected from the lessee, owner, tenant or occupant of all premises within the corporate limits of the City for services rendered by the City, franchise hauler, or designee in the collection and disposal of solid waste, and the collection and recycling of source-separated recyclable materials and source-separated organic materials. The fees for these services shall be established by resolution of the City Council prior to July 1st of each year. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.060 Prohibited Materials.

Materials not permitted to be placed in containers for collection by the City or designee include excluded waste, hot ashes, sharps, flammables, ammunition, explosive substances, poison, hazardous chemicals, offal, animals, and similar materials. Disposal of excluded waste shall be performed through a licensed collection and disposal company, which complies with all applicable laws and regulations. No person shall place in containers any wearing apparel, bedding, or other material from homes or other places where highly infectious or contagious diseases have prevailed. City and designees shall maintain a current list of prohibited materials, and shall make such list available to generators. Generators are responsible for obtaining and reviewing such list of prohibited materials, and acting in accordance with applicable law. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.070 Burning of Certain Waste Materials.

Waste consisting of paper and wooden materials, and dry grass, brush or leaves, may not be burned in any stove or fireplace except as follows: Clean paper waste such as newsprint may be used to kindle a fire of clean, dry, unpainted wood. Products such as artificial logs and pellets that are manufactured specifically for the purpose of burning in fireplaces and stoves may be burned in accordance with the manufacturer’s instructions. All burning in fireplaces and stoves shall be done in such manner as to permit continuous combustion by a visible flame. All open burning is prohibited within the City except as set forth in Chapter 15.55 CMC. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.080 Burning of Solid Waste.

It shall be unlawful for any person to burn any discarded materials, or any other material described in this chapter, in or on any commercial business or residential premises, fireplace or pit, street, alley, park, or public place within the City limits. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.090 Scavenging.

It shall be unlawful for persons other than the appropriate designee to collect discarded materials placed for collection in containers labeled for use in connection with waste management program(s) sponsored by the City or designee. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.100 Containers – Exclusive Use.

It is unlawful for any person, without the consent of the owner or person to whom the container has been provided by designee, to enter into a container for the purpose of salvaging or recovering any item therein or for the purpose of utilizing the container to rest or sleep therein. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.110 Requirements for Single-Family Premises.

A. Responsible parties of single-family premises shall comply with the following requirements:

1. Subscribe to and pay for City’s three-container collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services as described in subsection (A)(2) of this section. 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. The responsible parties for single-family premises shall adjust their service level for their collection services as requested by the City.

2. Participate in the City’s three-container collection service(s) in the manner described below.

a. Place and/or direct its generators to place source-separated organic materials, including food waste, in the organic materials container; source-separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

b. Not place and/or direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

B. All solid waste, recyclable materials and organic materials containers in the R-1 district shall be located in the rear or side yard setback, except in the event of access limitations such as steep slopes, width constraints, and other significant access obstructions, as approved by the Planning Director or their designee. Containers shall be screened from public view, and shall be collected, emptied, and returned to their original location by the franchise hauler or the customer. Except when authorized by the City Administrator upon a showing of reasonable necessity, no person shall leave any residential receptacle or receptacles at the street curb or in any other place on City-owned property or private property visible from the street.

C. Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.120 Requirements for Multifamily Residential Dwellings.

A. Responsible parties of multifamily residential dwelling premises shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter.

B. Responsible parties of multifamily residential dwelling premises shall:

1. Subscribe to and pay for City’s three-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the multifamily residential dwelling premises as further described below. City shall have the right to review the number and size of the multifamily residential dwelling premises’ collection containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The responsible party of a multifamily residential dwelling premises shall adjust their service level for their collection services as requested by the City or its designee.

2. Participate in the City’s three-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

b. Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with City’s recyclable materials container, organic materials container, and solid waste container collection service.

4. Annually provide information to employees, contractors, and tenants about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

5. Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source-separated organic materials and source-separated recyclable materials separate from each other and from solid waste (when applicable) and the location of containers and the rules governing their use at each property.

6. Provide or arrange access for City or its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

C. Multifamily residential dwelling premises that generate two cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily residential dwelling premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

D. Nothing in this section prohibits a responsible party or generator of a multifamily residential dwelling premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.130 Requirements for Commercial Businesses.

A. Responsible parties of commercial businesses shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter.

B. Commercial businesses shall:

1. Subscribe to and pay for City’s three-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the commercial business premises as further described below. City shall have the right to review the number and size of a commercial business premises’ containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The responsible party of the commercial business shall adjust their service level for their collection services as requested by the City or its designee.

2. Participate in the City’s three-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsection (B)(4) of this section) for employees, contractors, tenants, and customers, consistent with City’s recyclable materials container, organic materials container, and solid waste container collection service.

4. Provide containers for the collection of source-separated recyclable materials and source-separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. 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 responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. The containers provided by the responsible party of the commercial business shall have either:

a. A body and 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.

b. Container labels that include language or 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.

5. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City’s recyclable materials, organic materials, and solid waste collection service guidelines.

6. Inspect recyclable materials containers, organic materials containers, and solid waste containers on a quarterly basis for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

7. Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

8. Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source-separated organic materials and source-separated recyclable materials separate from each other and from other solid waste and the location of containers and the rules governing their use at each property.

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

C. All solid waste, recyclable materials and organic materials containers in the commercial districts shall be fully contained on private property and screened from public view. Commercial solid waste, recyclable materials or organic materials containers shall not be stored on any public right-of-way or property, and shall be screened from public view, except on the day of pickup, and shall be returned to their stored location within two hours of pickup.

D. All commercial container enclosures shall have adequate space accommodations for solid waste, recyclable materials and organic materials containers, in accordance with applicable law.

E. All new commercial developments must include adequate space accommodations for enclosures in accordance with applicable law, and are subject to a plan check process including review, at a minimum, by the City’s Planning Department, Code Enforcement Officer, and Environmental Compliance Manager.

F. Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site.

G. Commercial businesses that generate fat, oil and grease as part of their normal operations, such as restaurants, delis, and food service facilities, shall utilize a licensed contractor for the handling and disposal of fat, oil, and grease waste generated on the premises.

H. Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to CMC 8.16.200. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.140 Exemption from Collection Service.

A. Upon notifying the Public Works Director or their designee, the owner or tenant of any premises may discontinue solid waste, recyclable materials, and/or organic materials collection for such periods of time as their premises are vacated, if, in the opinion of the Public Works Director or their designee, there is no actual need for a collection. Single-family residences that are not under construction should be vacated for a minimum of six months with no solid waste, recyclable materials or organic materials generated on site in order to discontinue collection. Solid waste, recyclable materials, and organic materials collection service may be discontinued if a single-family residence is under construction and arrangements have been made for construction waste collection pursuant to the City’s C&D requirements.

B. Review and Approval of Waivers by City. Waivers may be granted to responsible parties by the Public Works Director or their designee, according to the following process:

1. Responsible parties of premises seeking waivers shall submit a completed application form to the Department of Public Works for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, documentation supporting such request, and an administrative fee.

2. Upon waiver approval, City shall specify that the waiver is valid for no more than five years.

3. Waiver holder shall notify City if circumstances change such that commercial business or multifamily premises may no longer qualify for the waiver granted, in which case waiver will be rescinded.

4. Any waiver holder must cooperate with the City for compliance inspections and enforcement as stated in CMC 8.16.230 and 8.16.240.

5. Waiver holder shall reapply to the Director of Public Works, or their designee, for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the City.

6. Director of Public Works may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.

C. An administrative fee for exemption pursuant to this section may be collected to offset the cost of administration of the exemption in the amount specified in the application for exemption.

D. Decisions of the Director of Public Works shall be final and will not be subject to appeal. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.150 Waivers for Multifamily Residential Dwelling and Commercial Business Premises.

A. De Minimis Waivers for Multifamily Residential Dwelling and Commercial Business Premises. The Public Works Director, or their designee, may waive a responsible party’s obligation to comply with some or all recyclable materials and/or organic waste requirements of this chapter if the responsible party of the commercial business or multifamily residential dwelling premises provides documentation that the commercial business or multifamily residential premises meets one of the criteria in subsections (A)(1) and (2) of this section. For the purposes of subsections (A)(1) and (2) of this section, the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.

1. The commercial business’s or multifamily residential dwelling premises’ total solid waste collection service is two cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than 20 gallons per week per applicable material stream of the multifamily residential dwelling premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than 20 gallons per week or organic materials in the organic materials stream are less than 20 gallons per week); or

2. The commercial business’s or multifamily residential dwelling premises’ total solid waste collection service is less than two cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than 10 gallons per week per applicable material stream of the multifamily residential dwelling premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than 10 gallons per week or organic materials in the organic materials stream are less than 10 gallons per week).

B. Physical Space Waivers. The Public Works Director, or their designee, may waive a commercial business’s or multifamily residential dwelling premises’ obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, the franchise hauler, a licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of CMC 8.16.120 or 8.16.130 as applicable. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.160 Requirements for Haulers and Facility Operators.

A. Requirements for Franchise Haulers.

1. Franchise hauler(s) providing recyclable materials, organic waste, and/or solid waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of its contract, agreement, permit, license, or other authorization with the City to collect recyclable materials, organic materials, and/or solid waste:

a. Through written notice to the City annually on or before December 1st of each year, identify the facilities to which they will transport discarded materials, including facilities for source-separated recyclable materials, source-separated organic materials, and solid waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the City.

b. It is required that the franchise hauler collect solid waste, recyclable materials, and organic materials at least once a week from every premises within the City where solid waste is created or presumed to be created, and from restaurants, grocery stores and other like occupancies creating solid waste, as frequently as such solid waste is required to be removed by the provisions of this chapter. It is further required that in all residential and commercial areas of the City, after the collection of such solid waste, the franchise hauler return the receptacles to a screened location on private property at which said collection took place. The franchise hauler shall notify the Code Compliance Officer or Environmental Compliance Manager promptly of any infractions of collection and the Code Compliance Officer or Environmental Compliance Manager shall take proper corrective action.

c. Transport source-separated recyclable materials to a facility that recovers those materials; transport source-separated organic materials to a facility, operation, activity, or property that recovers organic waste; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with State law and such that the manure is not landfilled, used as alternative daily cover, or used as alternative intermediate cover.

d. 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 construction and demolition (C&D) debris in a manner that complies with State law, CMC 8.16.170, and Chapter 15.53 CMC.

2. Franchise hauler(s) authorized to collect recyclable materials, organic materials, and/or solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with City.

B. Requirements for Community Composting Operations.

1. Community composting operators with operations located in the City’s boundaries, upon City request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.170 Requirements for Landscape, Construction and Demolition Material Self-Haulers.

A. Every landscape and construction and demolition (C&D) material self-hauler shall source separate its recyclable materials and organic materials (materials that City otherwise requires generators or responsible parties to separate for collection in the City’s recyclable materials and organic materials collection program) generated on site from solid waste in a manner consistent with State law and the City’s collection program. Self-haulers shall deliver their materials to facilities described in subsection (B) of this section. Alternatively, self-haulers may or choose not to source separate recyclable materials and organic materials and shall haul their solid waste (that includes recyclable materials and organic materials) to a high diversion organic waste processing facility that is approved by the City.

B. Landscape and C&D material self-haulers that source separate their recyclable materials and organic materials shall haul their source-separated recyclable materials to a facility that recovers those materials; haul their source-separated organic waste to a facility, operation, activity, or property that processes or recovers source-separated organic waste; haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure and such that the manure is not landfilled, used as alternative daily cover, or used as alternative intermediate cover.

C. Landscape and C&D material self-haulers shall keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to 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 recyclable materials, organic materials, and solid waste.

2. The amount of material in cubic yards or tons transported by the generator or responsible party 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 recyclable materials, organic materials, and solid waste.

D. Landscape and C&D material self-haulers shall retain all records and data required to be maintained by this section for no less than five years after the recyclable materials, organic materials, and/or solid waste was first delivered to the facility accepting the material.

E. Landscape and C&D material self-haulers shall provide copies of records required by this section to City if requested by the City and shall provide the records at the frequency requested by the City.

F. Contractors and C&D material self-haulers applying for a permit for construction in the City shall also, at all times, comply with Chapter 15.53 CMC, as amended, and all applicable laws, including without limitation all laws related to management of C&D debris, preparation of C&D debris management plans and reports, and diversion of C&D debris from disposal. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.180 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, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the City. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.

Project applicants shall refer to City’s building and/or planning code for complete CALGreen requirements.

B. For projects covered by CALGreen or more stringent requirements of the City, the applicants must, as a condition of the City’s permit approval, comply with the following:

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 recyclable materials container and organic materials container materials, consistent with the three-container collection program offered by the City, or comply with provision of adequate space for recycling for multifamily residential dwelling premises and commercial business premises pursuant to the California Green Building Standards Code.

2. New commercial or multifamily 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 recyclable materials container and organic materials 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 residential dwelling premises and commercial business premises pursuant to the California Green Building Standards Code. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.190 Model Water Efficient Landscaping Ordinance (MWELO) Requirements.

A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review 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 the MWELO, including requirements related to use of compost and mulch as delineated in this section.

B. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (A) of this section shall:

1. Have 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 ground covers, 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 this section shall consult the full MWELO for all requirements. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.200 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. Commercial edible food generators shall comply with the following requirements (see definition of tier one and tier two commercial edible food generators):

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. 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.

5. Keep records that include the following information:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement.

b. A copy of all contracts or written agreements.

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 are collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that food is 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. Maintain records required by this section for a minimum of five years.

7. Commencing no later than December 1, 2022, for tier one commercial edible food generators and December 1, 2025, for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information:

a. The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually; and

b. The amount, in pounds of edible food rejected by a food recovery service or food recovery organization annually.

c. The name, address and contact information of the food recovery service(s) or food recovery organization(s) that collected edible food from the commercial edible food generator.

d. Any additional information required by the Public Works Director or their designee.

8. 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. 2021-03 § 2(1) (Exh. A), 2021).

8.16.210 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 shall maintain the following records:

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, shall maintain the following records, or as otherwise specified by State law:

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. Maintain records required by this section for five years.

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 shall report to the City the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with whom they have established a contract or written agreement. The annual report shall be submitted to the City no later than December 1st of each year.

E. In order to support edible food recovery capacity planning assessments or other studies conducted by the City or its designee, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days unless a shorter time frame is specified by the City.

F. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators shall include language in all agreements with tier one and tier two edible food generators located in the City. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.220 Other Diversion Requirements.

In addition to the requirements identified in CMC 8.16.110, 8.16.120, 8.16.130, 8.16.160, 8.16.170, 8.16.200, and 8.16.210, City may make rules or policies from time to time which may require generators or specific groups of generators to participate in recycling related activities in order to be compliant with or otherwise support applicable law. Such rules or policies may include but are not limited to: requiring participation in recyclable materials and/or organic materials collection programs; requiring education of customers, employees, and visitors about recycling programs; and requiring submittal of reports to City about recycling-related activities. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.230 Inspections and Investigations by City.

A. City representatives and/or 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 generators, responsible parties of commercial businesses, responsible parties of multifamily residential dwelling premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow City representative or designee 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 representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a responsible party to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in CMC 8.16.240.

C. Any records obtained by the City 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.

D. City representative, 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 and investigate written complaints from persons regarding an entity that may be potentially noncompliant with this chapter, including receipt of anonymous complaints. (Ord. 2021-03 § 2(1) (Exh. A), 2021).

8.16.240 Enforcement.

A. Beginning January 1, 2022, and through December 31, 2023, if, as a result of inspections, route reviews, waste evaluations, or compliance reviews, City representatives determine that an organic waste generator, self-hauler, franchise hauler, commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with the provisions of this chapter, 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.

B. Beginning on January 1, 2024, violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City’s Code Enforcement Officer, the Environmental Compliance Manager, or their representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

C. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

D. Enforcement pursuant to this chapter may be undertaken by the City’s Code Enforcement Officer, the Environmental Compliance Manager, or their representative.

E. Process for Enforcement.

1. City Enforcement Officials or Regional or County Enforcement Officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. CMC 8.16.230 establishes City’s right to conduct inspections and investigations.

2. For incidences of prohibited container contaminants found in containers, City will issue a notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within 14 calendar days after determining that a violation has occurred. If the City observes prohibited container contaminants in a responsible party’s containers on more than three occasion(s), the City may assess contamination processing fees or contamination penalties on the generator.

3. With the exception of violations of contamination of container contents addressed under subsection (E)(2) of this section, City shall issue a notice of violation requiring compliance within a maximum of 60 days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the notice of violation, City shall commence an action to impose penalties, via an administrative citation and fine.

5. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the multifamily residential dwelling premises or commercial business premises or to the responsible party for the collection services, depending upon available information.

6. If any person fails or neglects, for a period of three days after receipt of written notice, to have any solid waste removed, the City’s Code Enforcement Officer, the Environmental Compliance Manager, or their representative may direct the same to be removed by the designee, and for this purpose the designee and City’s Code Enforcement Officer, the Environmental Compliance Manager, or their representative may enter the premises and remove or cause to be removed all such solid waste so condemned and ordered to be removed, and the cost of the removal shall be a charge and lien on such premises or may be collected in a personal action against the owner, tenant, lessee or occupant of the premises. The refusal by the owner, tenant, lessee or occupant of any premises to allow or permit such solid waste to be so removed shall be deemed a misdemeanor.

7. Any person, corporation, property owner, tenant, lessee or business owner in any commercial district failing to abide by the provisions of this code may be charged with a misdemeanor and/or the revocation of his/her/its license to do business within the City.

F. Penalty Amounts for Types of Violations. The penalty levels are as follows:

1. For a first violation, the amount of the base penalty shall be $100.00 per violation.

2. For a second violation, the amount of the base penalty shall be $200.00 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation.

G. Compliance Deadline Extension Considerations. City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances 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 State law due to those deficiencies.

H. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in the City’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.

I. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that a generator, responsible party, 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. 2021-03 § 2(1) (Exh. A), 2021).