Chapter 6.09
ORGANIC WASTE COLLECTION
Sections:
6.09.030 Requirements for single-family generators.
6.09.040 Requirements for commercial generators.
6.09.050 Waivers for commercial generators.
6.09.060 Requirements for commercial edible food generators.
6.09.070 Requirements for food recovery organizations and services.
6.09.080 Requirements for haulers and facility operators.
6.09.090 Inspections and investigations by city.
6.09.010 Purpose and intent.
The purpose and intent of this chapter is to establish an organic waste collection program in the city of Cerritos as required by Section 42652.5 of the California Public Resources Code. Methane emissions resulting from the decomposition of organic waste in landfills are a significant source of greenhouse gas emissions contributing to global climate change. This chapter enables the city and its waste hauler to collect and divert organic waste generated in the city of Cerritos from being landfilled. (Ord. 1038 § 2, 2021)
6.09.020 Definitions.
(1) “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.
(2) “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).
(3) “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.
(4) “City” means the city of Cerritos, California.
(5) “Commercial business” means any industrial or commercial establishment, construction site, and any multi-family residential dwelling with five units or more on one solid waste collection account. Property owners or occupants of these premises shall subscribe to the city’s commercial waste collection program.
(6) “Commercial edible food generator” includes tier one or tier two commercial edible food generators as defined in Section 6.09.020 or as otherwise defined in 14 CCR Sections 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).
(7) “Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).
(8) “Compliance review” means a review of records by the city to determine compliance with this chapter.
(9) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4).
(10) “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).
(11) “Designated source separated organic waste facility” shall have the same definition as 14 CCR Section 18982(14.5).
(12) “Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, city employee or agent or independent contractor, a hauler, a private entity, or a combination of those entities.
(13) “Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). “Edible food” is not solid waste if it is recovered and not discarded. 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.
(14) “Enforcement action” means an action of the city to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(15) “Enforcement official” means the city manager or his/her authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.
(16) “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).
(17) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(18) “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).
(19) “Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(a) A food bank as defined in Section 113783 of the Health and Safety Code;
(b) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
(c) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
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.
(20) “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).
(21) “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).
(22) “Food waste” means food scraps that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food, and (ii) un-waxed paper waste contaminated with food waste. Food waste excludes fats, oils and grease when such materials are source separated from other food.
(23) “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.
(24) “Gray container waste” is the residual solid waste that is isolated after separating and removing source separated organic waste and/or source separated recyclable materials.
(25) “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 organic waste.
(26) “Green waste” means any and all forms of biodegradable plant material, such as wastes generated from the trimming or removal of grass, plants and trees. Green waste materials include yard clippings, leaves, tree trimmings, prunings, brush, and weeds. Tree stumps and limbs greater than three inches in diameter are excluded unless they are reduced to a chipped form.
(27) “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).
(28) “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 fifty percent between January 1, 2022, and December 31, 2024, and seventy-five 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).
(29) “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).
(30) “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 two thousand 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.
(31) “Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand 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.
(32) “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).
(33) “Multi-family residential dwelling” or “multi-family” means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
(34) “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.
(35) “Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, green waste, non-hazardous wood waste, and un-waxed food-soiled paper.
(36) “Organic waste generator” or “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).
(37) “Prohibited container contaminants” means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated organic waste for the city’s green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated organic wastes to be placed in city’s green container and/or blue container; and (iv) non solid-waste items placed in any container.
(38) “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).
(39) “Regional agency” means regional agency as defined in Public Resources Code Section 40181.
(40) “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).
(41) “Route review” means a visual inspection of containers along a hauler’s collection 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).
(42) “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.
(43) “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.
(44) “Single-family” means of, from, or pertaining to any residential premises with fewer than five units. Property owners or occupants of these premises shall subscribe to the city’s residential waste collection program.
(45) “Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible 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 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include hazardous waste, radioactive waste or medical waste.
(46) “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 of 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 for the purposes of collection and processing.
(47) “Source separated organic waste” means organic waste that has been separated and can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator.
(48) “Source separated recyclable materials” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(49) “State” means the state of California.
(50) “Supermarket” means a retail store with gross annual sales of two million dollars, 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).
(51) “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 ten thousand square feet.
(c) Food service provider.
(d) Food distributor.
(e) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.
(52) “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:
(a) Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
(b) Hotel with an on-site food facility and two hundred or more rooms.
(c) Health facility with an on-site food facility and one hundred or more beds.
(d) Large venue.
(e) Large event.
(f) A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.
(g) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.
(53) “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. 1038 § 2, 2021)
6.09.030 Requirements for single-family generators.
(1) Single-family organic waste generators shall subscribe to the city’s residential waste collection service and comply with the requirements of the service as described in 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 proper separation of materials and containment of materials; and single-family waste generators shall adjust the number and/or size of containers provided as requested by the city.
(2) Generator participation in the residential waste collection program requires that generators place source separated organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container. Single-family waste generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 1038 § 2, 2021)
6.09.040 Requirements for commercial generators.
(1) Commercial business organic waste generators shall subscribe to either the city’s three-container or two-container commercial waste collection service and comply with requirements of the service as described in this section. The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for proper separation of materials and containment of materials; and commercial business generators shall adjust service levels for collection services as requested by the city.
(2) Generator participation in the three-container commercial collection program requires that generators place source separated organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(3) Generator participation in the two-container commercial business collection program requires that generators place source separated organic waste, including food waste, in the green container; and all other materials in the gray container. Generators shall not place materials designated for the gray container into the green container.
(4) Generators shall supply and allow access to adequate number, size and locations of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the selected two-container or three-container collection program.
(5) Excluding multi-family residential dwellings, generators shall provide an adequate number and size of containers for the collection of source separated organic waste (and adequate number and size of source separated recyclable materials if the city’s three-container collection system is selected) in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(a) A body or lid that conforms with the container colors provided through the collection service provided by 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 the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(b) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(6) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in Section 6.09.040(5) pursuant to 14 CCR Section 18984.9(b).
(7) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, generators shall prohibit employees from placing materials in a container not designated for those materials.
(8) Excluding multi-family residential dwellings, generators shall periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(9) Generators shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.
(10) Generators shall provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
(11) Generators shall provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with Section 6.09.090 to confirm compliance with the requirements of this chapter.
(12) 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).
(13) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 6.09.060. (Ord. 1038 § 2, 2021)
6.09.050 Waivers for commercial generators.
(1) De Minimis Waivers. The city may waive a commercial business’s obligation to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (1)(b) of this section. Commercial businesses requesting a de minimis waiver shall:
(a) Submit an application to the city’s public works department specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (1)(b) of this section.
(b) The application shall include documentation that either:
(i) The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection comprises less than twenty gallons per week of the business’s total waste; or
(ii) The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection comprises less than ten gallons per week of the business’s total waste.
(c) Notify city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(d) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.
(e) The city reserves the right to revoke a de minimis waiver at any time if the generator is found to be in violation of this chapter.
(2) Physical Space Waivers. The city may waive a commercial business’s or property owner’s obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner requesting a physical space waiver shall:
(a) Submit an application to the city’s public works department specifying the type(s) of collection services for which they are requesting a compliance waiver.
(b) The application shall include documentation that the premises lacks adequate space for the required containers including documentation from its hauler, licensed architect, or licensed engineer.
(c) Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
(d) The city reserves the right to revoke a physical space waiver at any time if the generator is found to be in violation of any section of the chapter.
(3) Additional Waivers. The city may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The public works director or his/her designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.
(4) Review and Approval of Waivers by City. Review and approval of waivers will be at the discretion of the public works director or his/her designee based on documentation and other information provided to the city in connection with said waiver application. (Ord. 1038 § 2, 2021)
6.09.060 Requirements for commercial edible food generators.
(1) 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.
(2) 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.
(3) Commercial edible food generators shall comply with the following requirements:
(a) Arrange to recover the maximum amount of edible food that would otherwise be disposed.
(b) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for:
(i) The collection of edible food for food recovery; or
(ii) Acceptance of the edible food that the commercial edible food generator delivers to the food recovery organization for food recovery.
(c) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(d) Allow city’s enforcement official to access the premises and review records pursuant to 14 CCR Section 18991.4.
(e) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(i) 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).
(ii) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(iii) A record of the following information for each of those food recovery services or food recovery organizations:
(A) The name, address and contact information of the food recovery service or food recovery organization.
(B) The types of food that will be collected by the food recovery service or food recovery organization.
(C) The established frequency that food will be collected.
(D) The quantity of food, measured in pounds recovered per month, collected by a food recovery service or food recovery organization for food recovery.
(4) 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. 1038 § 2, 2021)
6.09.070 Requirements for food recovery organizations and services.
(1) 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):
(a) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(b) The quantity in pounds of edible food collected from each commercial edible food generator per month.
(c) The quantity in pounds of edible food transported to each food recovery organization per month.
(d) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
(2) 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):
(a) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
(b) The quantity in pounds of edible food received from each commercial edible food generator per month.
(c) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
(3) No later than July 1st of each calendar year, 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 (a) the address of their location in the city, and (b) the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
(4) Food Recovery Capacity Planning.
(a) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the 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 sixty days, unless a shorter time frame is otherwise specified by the city. (Ord. 1038 § 2, 2021)
6.09.080 Requirements for haulers and facility operators.
(1) Requirements for Haulers.
(a) Haulers providing single-family or commercial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
(i) Through written notice to the city annually on or before June 30th, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated organic waste and mixed waste.
(ii) Transport source separated recyclable materials, source separated organic waste and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR Division 7, Chapter 12, Article 2.
(iii) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and Chapter 6.10.
(b) Haulers authorized 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 the city.
(2) Requirements for Facility Operators and Community Composting Operations.
(a) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days.
(b) Community composting operators, upon city’s request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days. (Ord. 1038 § 2, 2021)
6.09.090 Inspections and investigations by city.
(1) A city representative and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, 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.
(2) Generators shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
(3) Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(4) City representatives, its designated entity, and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(5) City may receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints. (Ord. 1038 § 2, 2021)
6.09.100 Enforcement.
(1) Violation of any provision of this chapter shall constitute a public nuisance and may be grounds for issuance of a notice of violation and assessment of a fine or fee by a city enforcement official. The city’s procedures on imposition of administrative fines or contamination processing fees 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.
(2) Other remedies allowed by law may be used, including but not limited to civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, and may pursue the recovery of attorney’s fees and costs if in accordance with any applicable law. 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.
(3) Responsible Entity for Enforcement.
(a) Enforcement pursuant to this chapter may be undertaken by the city enforcement official.
(b) Enforcement may also be undertaken by a regional or county agency enforcement official, designated by the city, in consultation with the city enforcement official.
(4) Process for Enforcement.
(a) The city’s enforcement official may monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program, in addition to any other means or methods set forth by the city enforcement official for monitoring compliance with this chapter.
(b) The city may issue an official notification to notify regulated entities of its obligations under this chapter.
(c) For incidences of prohibited container contaminants found in containers, the city’s enforcement official may issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice may be provided via a container tag immediately upon identification of the prohibited container contaminants or within three calendar days after determining that a violation has occurred. If the city enforcement official observes prohibited container contaminants in a generator’s containers on more than one occasion during any consecutive twelve-month period, the city may authorize its hauler to asses a contamination processing fee. Assessment of such fee is subject to city approval and is subject to city approval on a case by case basis.
(d) With the exception of violations of generator contamination of container contents addressed under subsection (4)(c) of this section, city may issue a notice of violation for violations including, but not limited to, non-participation. Such notice of violation may, in addition to any other remedial actions necessary or appropriate to ensure compliance with this chapter, require compliance within thirty days of issuance of the notice. Failure to comply within thirty days of issuance a notice of violation may justify a subsequent notice of violation.
(e) Absent compliance by the respondent within the deadline set forth in a notice of violation, city may commence an action to impose penalties. Notices may be sent to “owner” at the official address of the owner maintained by the tax collector or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
(5) Penalty Amounts for Types of Violations. The penalty levels are as follows:
(a) For a first violation, the amount of the base penalty shall be up to one hundred dollars.
(b) For a second violation, the amount of the base penalty shall be up to two hundred dollars.
(c) For a third or subsequent violation, the amount of the base penalty shall be up to five hundred dollars.
(6) Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section. Such extension may be based on the city’s findings that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including but not limited to the following:
(a) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(b) Delays in obtaining discretionary permits or other government agency approvals; or
(c) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(7) Education Period for Non-Compliance. Beginning January 1, 2022, and through December 31, 2023, the city may conduct inspections, 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, 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 starting on January 1, 2024.
(8) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the city determines that an organic waste generator, 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 may document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter and applicable city and state law. (Ord. 1038 § 2, 2021)