Chapter 8.12 COLLECTION, DISPOSAL, AND PROCESSING OF SOLID WASTE, RECYCLABLES AND ORGANIC WASTE AND RELATED ACTIVITIES

“Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

“Bulky item(s)” means unwanted household appliances, furniture, tires, carpet, mattresses, and other large items that require special handling due to their size, but that can be collected without special loading equipment and without violating vehicle load limits. “Bulky items” excludes abandoned automobiles, boats and other similar vehicles.

“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.

“CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcement of California Code of Regulations (CCR).

“City” means the city of Cloverdale.

“Collection” means the removal and transportation of solid waste from the place where it was generated or stored to a disposal site and/or the removal and transportation of recyclable or organic wastes from the place where they were generated or stored to a processing facility.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, institution or association (whether incorporated or unincorporated or for-profit or nonprofit), strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6).

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (74).

“Contractor” means a person that has been awarded a franchise agreement pursuant to this chapter by the city council for the right to collect, transport, process and/or dispose of any of the following: solid waste, recyclable materials, and/or organic wastes, and/or to perform other services for the city, its residents, business owners, other governmental agencies, and other organizations and entities pursuant to a franchise agreement.

“Debris box” means an open-top metal container serviced by a roll-off truck with a capacity of six to fifty cubic yards.

“Designee” means a person or entity that the city assigns, contracts with, or otherwise arranges to carry out any of the jurisdiction’s responsibilities of this chapter, as authorized in 14 CCR Section 18981.2. A designee may be a government employee, government entity, a private entity, or a combination of those entities. Nothing in this chapter authorizing an entity, other than a city employee, to carry out any of the jurisdiction’s responsibilities of this chapter shall require that entity to undertake such actions unless agreed to by the entity and the city.

“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18) edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

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

“Enforcement agency” means an entity with the authority to enforce or carry out the responsibilities of part or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall permit or require that entity to undertake such enforcement except as agreed to by that entity and the city. The city is an enforcement agency for all sections of this chapter. The city may choose to additionally delegate enforcement responsibility for certain sections to other public entities, including the Sonoma County Waste Management Agency (Zero Waste Sonoma) and the county of Sonoma. The issuance of civil penalties shall remain the authority of public agencies and shall not be delegated to a private entity.

“Exempt waste” means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.

“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: (1) a food bank as defined in Section 113783 of the Health and Safety Code; (2) a nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; (3) a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).

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

“Food waste” means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. “Food waste” includes, but is not limited to, meat, fish and dairy waste, fruit and vegetable waste, grain waste, acceptable food packing items such as pizza boxes, paper towels, waxed cardboard and food contaminated paper products. Food waste does not include exempt waste.

“Garbage” means all nonrecyclable packaging and other waste attributed to normal activities of a premises. Garbage must be generated by and at the premises wherein the garbage is collected. Garbage does not include recyclable materials, organic waste, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

“Generator” means a person or entity whose act or process produces waste or whose act first causes solid waste to become subject to regulation.

“Hazardous waste” means any material which is defined, regulated or listed as “hazardous,” “toxic,” a “pollutant,” or words of similar import under California or United States law or any regulations promulgated pursuant to such law, as such state or federal law or regulations may be amended from time to time; and “designated waste” as defined in California Water Code Section 13173.

“Household hazardous waste” (“HHW”) means any hazardous waste generated at a single-family residential or multifamily dwelling and/or premises resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. “HHW” includes, but is not limited to, cell phones and PDAs, used motor oil, used oil filters, cooking oil, compact fluorescent light bulbs contained in a sealed plastic bag, cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, strippers, adhesives, auto batteries, household batteries, electronic waste and universal waste.

“Inspection” means a site visit where the city, or its designated enforcement agency, reviews records, containers, and an entity’s collection, handling, recycling, or disposal of solid waste or edible food handling, and may include collection of photographic evidence or other documentation, to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

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

“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.

“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises are considered a distinct type of commercial business for the purposes of implementing this chapter. Consistent with the SB 1383 regulations, residential premises that consist of fewer than five units are not “multifamily” and instead are “single-family” for the purposes of implementing this chapter. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered other types of commercial businesses.

“Organic waste” means solid wastes containing material originating from living organisms and their metabolic waste products, including but not limited to food waste, compostable paper, green waste including grass clippings, leaves, pruning, weeds, branches, brush, trees that do not exceed six inches in diameter or four feet in length and other forms of vegetative waste, or as otherwise defined in 14 CCR Section 18982(a)(46). The city manager, in mutual agreement with the franchisee, shall have the right to determine organic waste subject to collection in collection containers designated for organic waste or recyclable materials.

“Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

“Owner” or “occupant” means the person with the legal right to the possession of land or a building.

“Permitted facility” means any site, facility, location or premises permitted by law to be used for the processing and/or disposal of solid waste, including, but not limited to, a solid waste transfer or processing station, a landfill, a composting facility, a transformation facility or a disposal facility. A permitted facility shall be in compliance with all state, county and local agency laws and regulations.

“Person” means any individual, firm, corporation, association, organization, government or governmental subdivision or agency, partnership, corporation, business trust, joint venture, limited liability company, partnership, or other legal entity.

“Premises” means any land or building in the city where solid waste, recyclable materials or organic wastes are generated or accumulated or a contractor performs services pursuant to a franchise agreement.

“Prohibited container contaminants” means: (1) discarded materials placed in the designated recycling container that are not identified as acceptable source separated recyclable materials for the city’s designated recycling container; (2) discarded materials placed in the designated organic waste container that are not identified as acceptable source separated organic waste for the city’s designated organic waste container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclable materials and/or source separated organic waste to be placed in city’s designated organic waste container and/or designated recycling container.

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

“Recyclable materials” means materials that are separated from other waste materials for the purpose of recycling and includes, but is not limited to, newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; steel including “tin” cans, aerosol cans (empty, nontoxic products); bimetal containers; plastic bottles (Nos. 1—7); and aluminum foil and pans. The city manager, in mutual agreement with the franchisee, shall have the right to determine changes to recyclable materials subject to collection in recyclable materials containers.

“Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 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.

“Responsible party” means the owner, tenant, lessee, occupant or other designee responsible for the day-to-day operation, or otherwise in charge of, any premises in the city, including the proprietor or manager of any commercial premises.

“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. SB 1383 will be referenced as defined in Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations.

“Self-haulers” and/or “self-hauling” means a person who hauls solid waste, organic waste or recyclable materials he or she has generated to another person. “Self-hauling” also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).

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

“Solid waste” means all putrescible and nonputrescible solid, semi-solid, and liquid wastes including garbage, trash, refuse, paper, rubbish, ashes, recyclable materials, organic waste, industrial wastes, construction and demolition debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste, radioactive waste, medical waste, domestic septage and such other waste as may be specifically excluded from the definition of “solid waste” set forth in California Public Resources Code Section 40191.

“Source separated” means the process of removing recyclable materials and organic waste from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic waste, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

“Tier one commercial edible food generator” means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a) and as amended: (1) supermarkets with gross annual sales of two million dollars or more, (2) grocery store with a total facility size equal to or greater than ten thousand square feet, (3) food service provider, (4) wholesale food vendor, (5) food distributor.

“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a) and as amended: (1) restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet, (2) hotel with an on-site food facility and two hundred or more rooms, (3) health facility with an on-site food facility and one hundred or more beds, (4) large venue, (5) large event, (6) 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, (7) a local education agency facility with an on-site food facility. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.020 Unlawful accumulation.

It is unlawful for any person to accumulate or permit to be accumulated solid waste on any premises within the city, unless such solid waste is kept enclosed in a container provided by a contractor or in a water-tight container with a close-fitting lid. Any accumulation of solid waste within the city that is not in compliance with this section and/or applicable law shall constitute a public nuisance and is prohibited. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.030 Burying solid waste prohibited.

It is unlawful for any person to dispose of any solid waste upon or beneath the surface of any premises within the city. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.040 Burning prohibited.

It is unlawful to burn or cause to be burned any solid waste within the city. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.050 Tampering with containers.

No person other than the owner or occupant of a premises, or the owner’s or occupant’s agents or employees, or a contractor, may tamper or meddle with any solid waste, recyclable materials or organic waste container, or remove the contents thereof from the location where the same shall have been placed by the owner or occupant of the premises or contractor. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.060 Solid waste collection, hauling and transportation.

A. Except as otherwise provided in this chapter, it is unlawful for any person, other than the city or a contractor, to collect, haul and/or transport solid waste within the city.

B. Nothing in this section shall prohibit any person from hauling or transporting solid waste from his or her own premises for the purpose of disposing of the same at an authorized disposal area or transfer station; provided, that authorization is first sought and obtained from the city manager, which authorization shall be subject to such reasonable conditions as the city manager may impose, to ensure that such hauling or transportation is conducted in compliance with this chapter and all other applicable laws and regulations. Organic waste self-haulers must also meet other self-hauler requirements in this chapter.

C. Nothing in this section shall prohibit the collection, hauling or transportation of solid waste by a person other than a contractor in the case of an emergency and upon authorization by the city manager, chief of police, or a health officer if determined by any such official to be necessary for the immediate protection of public health. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.070 Franchise agreement.

A. The city may enter into a contract or contracts (“franchise agreement”) with any person or persons for the collection, hauling, transportation, processing and disposal of solid waste, recyclable materials, and organic wastes generated within the city, and for related activities. The term of any such franchise agreement may not exceed fifteen years. So long as the franchise agreement term does not exceed fifteen years, the city council may grant extensions of the franchise agreement upon the terms and conditions the council deems appropriate and in the best interest of the city. The franchise agreement may provide that a contractor shall have the sole and exclusive right, except as otherwise provided in the franchise agreement or this chapter, to engage in the business of:

1. Collecting for a fee solid waste generated within the city; and/or

2. Transporting solid waste through the streets and public ways of the city; and/or

3. Disposing of solid waste at an approved site; and/or

4. Collecting for a fee recyclables and/or organic wastes within the city; and/or

5. Transporting recyclables and/or organic wastes through the streets and public ways of the city; and/or

6. Disposing of and/or processing recyclables and/or organic wastes at an approved site or processing facility; and/or

7. Providing debris boxes services for properties located within the city; and/or

8. Providing related services and carrying out related activities authorized pursuant to the franchise agreement.

B. Contractors shall be required to dispose of all solid waste, recyclable materials and organic wastes collected within the city at a site or sites that may lawfully receive such solid waste, recyclable materials and organic wastes, and that is approved by the city.

C. Contractors providing solid waste, recyclables and organic waste collection services to generators within the city’s boundaries shall additionally meet the following requirements and standards as a condition of approval of the franchise agreement with the city to collect organic waste:

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

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

3. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition in a manner that complies with 14 CCR Section 18989.1.

4. Contractor’s authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with city.

D. Franchise agreement(s) shall require contractors to collect, transport and dispose of solid waste, recyclable materials and organic wastes generated within the city consistent with the provisions of this chapter and applicable law, and shall otherwise require contractors to comply with all laws and regulations applicable to the franchise agreement, including, but not limited to, AB 939, AB 341, AB 1826 and SB 1383.

E. Contractors shall be required to furnish a performance bond or other security to the city in an amount adequate to secure the contractor’s performance of the terms and conditions of the franchise agreement and to safeguard the city against expense due to contractor breach.

F. Franchise agreements shall require contractors to procure for the period covered by the franchise agreement workers’ compensation insurance as required by state law. Franchise agreements shall also require contractors to carry general commercial liability insurance for bodily injury, personal injury, and property damage, as well as automobile liability insurance for bodily injury and property damage, and any other insurance required by the city, in amounts determined by the city. The city, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds with respect to liability arising out of activities performed by or on behalf of contractors. The coverage shall contain no special limitations on the scope of protection afforded to the city, its officers, officials, employees, agents, and volunteers. Contractor insurance coverage shall be primary insurance as respects the city. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011).

8.12.080 Frequency of collection.

Contractors shall collect and transport all solid waste within the city as specified in the franchise agreement, unless otherwise directed by a health officer or other authorized agent of the city or other government agency of competent jurisdiction. Contractors shall immediately collect and remove solid waste, recyclable materials and/or organic wastes when so directed by any health officer or other authorized agent of the city or other government agency of competent jurisdiction. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.090 Rates.

The city council, by resolution, shall establish maximum rates that contractors may impose for the collection, disposal, and processing of solid waste, recyclable materials and organic wastes and related services within the city. Rates imposed by contractors and charged to contractors’ customers pursuant to a franchise agreement may not exceed the maximum rates established by the city council. The city council may by resolution from time to time amend the maximum rates that contractors may impose for the collection, disposal, and processing of solid waste, recyclable materials and organic wastes and related services within the city. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.100 Transportation restrictions.

No solid waste, recyclable materials and/or organic wastes shall be transported on any street or public way of the city in a manner so as to permit the same to fall, drip, blow out of, spill or otherwise leave the vehicle in which it is being transported. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.110 Deposits in debris boxes.

It shall be unlawful to deposit any materials in a debris box other than materials permitted to be deposited in the debris box by applicable law and by the contractor providing the debris box. It shall be unlawful for any person other than an owner or occupant of the premises where the debris box is placed by the debris box contractor to deposit solid waste, recyclable materials or organic wastes into a debris box. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.120 Deposits in public and private places.

It shall be unlawful for any person to throw, deposit, or cause to be thrown or deposited, any solid waste, recyclable materials and/or organic wastes, in or upon any vacant lot, backyard, street, sidewalk, alley, gutter, drain facilities, highway, park or other public or private place in the city or to deposit or place or keep any such solid waste, recyclable materials and/or organic wastes, except as permitted in this chapter. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.130 Ownership of solid waste, recyclable materials and organic wastes.

Title to solid waste, recyclable materials and organic wastes shall pass to the contractor when such materials are placed in a contractor’s collection vehicle. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.140 Mandatory collection service.

Subject to and except for as permitted in Section 8.12.060(B) and Section 8.12.190, all occupied premises shall subscribe to solid waste collection service with a contractor. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011)

8.12.150 Requirements for single-family generators.

Except single-family generators that meet the self-hauler requirements in this chapter, single-family generators shall comply with the following requirements:

A. Subscribe to and pay for city’s collection services for collection of recyclable materials, organic waste, and solid waste generated by the single-family premises and comply with requirements of this chapter. City and its designee(s) 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. Single-family generators shall adjust their service level for their collection services as requested by the city.

B. Participate in the city’s collection service(s) in the manner described below.

1. Place source separated organic waste, including food waste, in the organic waste container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

2. Not place prohibited container contaminants in collection containers and not place materials designated for the organic waste containers or recyclable materials containers in the solid waste containers.

C. Nothing in this section prohibits a single-family generator from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 746-2022 § 2 (Exh. 1), 2022)

8.12.160 Requirements for multifamily generators.

Except for multifamily generators that meet the self-hauler requirements in this chapter, including hauling services arranged through a landscaper, multifamily generators (generators residing in premises with five or more dwelling units) shall:

A. Subscribe to and pay for city’s collection services and comply with requirements of those services for all recyclable materials, organic waste, and solid waste generated at the multifamily premises as further described below in this section. City and its designee(s) shall have the right to review the number and size of the multifamily 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. Multifamily generators shall adjust their service level for their collection services as requested by the city or its designee.

B. Participate in the city’s collection service(s) for collection of recyclable materials, organic waste, and solid waste in the manner described below.

C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic waste container, and solid waste container collection service or, if self-hauling, consistent with the multifamily generators’ approach to complying with self-hauler requirements in this chapter.

D. 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 waste, and solid waste.

E. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic waste and to keep source separated organic waste 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.

F. Provide or arrange access for city and/or its designee(s) to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

G. If the multifamily generator wants to self-haul, they must meet the self-hauler requirements in this chapter.

H. Nothing in this section prohibits a multifamily generator from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 746-2022 § 2 (Exh. 1), 2022)

8.12.170 Requirements for commercial business generators.

Except commercial businesses that meet the self-hauler requirements in this chapter, including hauling services arranged through a landscaper, commercial business generators shall provide or arrange for recyclable materials, organic waste and solid waste collection services consistent with this chapter and for employees, contractors, tenants and customers and shall:

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

B. Participate in the city’s collection service(s) for collection of recyclable materials, organic waste, and solid waste in the manner described below.

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

2. 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 waste containers or recyclable materials containers in the solid waste containers.

C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (2) of this section) for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic waste container, and solid waste container collection service or, if self-hauling, consistent with the commercial business’s approach to complying with self-hauler requirements in Section 8.12.190.

D. Provide containers for customers for the collection of source separated recyclable materials and source separated organic waste 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, as demonstrated through an approved de minimis waiver per Section 8.12.180, then the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the commercial business shall have either:

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

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

E. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city’s recyclable materials container, organic waste container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business to support its compliance with self-hauler requirements in this chapter.

F. Periodically inspect recyclable materials containers, organic waste containers, and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

G. 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 waste, and solid waste.

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

I. 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.

J. If the commercial business wants to self-haul, meet the self-hauler requirements in this chapter.

K. 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 pursuant to 14 CCR Section 18984.9(c).

L. Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to this chapter. (Ord. 746-2022 § 2 (Exh. 1), 2022)

8.12.180 Waivers.

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

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below.

2. Provide documentation that either: (a) the commercial business’s total solid waste collection service is two cubic yards or more per week and disposed organic waste subject to collection in the designated recycling container and designated organic waste container comprises less than twenty gallons per week per applicable container of the premises’ total solid waste; or (b) the commercial business’s total solid waste collection service is less than two cubic yards per week and disposed organic waste subject to collection in the designated recycling container and designated organic waste container comprises less than ten gallons per week per applicable container of the business’s total solid waste. For the purpose of subsections (A)(2)(a) and (b) of this section, total solid waste collection shall be the sum of weekly garbage container volume, recyclable materials container volume, and organic waste container volume, measured in cubic yards.

3. Notify the city or designated enforcement agency if circumstances change such that commercial business’s disposed organic waste exceeds threshold required for waiver, in which case waiver may be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five years, if the city or designated enforcement agency has approved de minimis waiver.

B. Physical Space Waivers. The city or designated enforcement agency may waive a generator’s obligations to comply with some or all of the recyclable materials and/or organic waste collection service if the city has evidence from city staff or designated enforcement agency, a franchisee, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements. A generator may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lack adequate space for the designated recycling containers and designated organic waste containers including documentation from the city, its designated enforcement agency, or a franchisee, licensed architect, or licensed engineer.

3. Provide written verification to the city or designated enforcement agency that it is still eligible for physical space waiver every five years, if the city or designated enforcement agency has approved application for a physical space waiver.

C. After reviewing the waiver request, and after an on-site review by the city or designated enforcement agency, if applicable, the city manager and/or designated enforcement agency may either approve or deny the waiver requests. (Ord. 746-2022 § 2 (Exh. 1), 2022)

8.12.190 Self-hauler or self-hauling requirements.

A. Self-haulers shall source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on site from all other solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

C. Self-haulers that are commercial premises shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city, or its designated enforcement agency and self-hauler shall provide this information to city or its designated enforcement agency upon request. The records shall include the following information:

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

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

D. A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsection (C) of this section. (Ord. 746-2022 § 2 (Exh. 1), 2022)

8.12.200 Commercial edible food generator requirements.

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

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

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

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract, or enter into a written agreement, with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

4. Allow the city’s designated enforcement agency to access the premises either in person or virtually to review records pursuant to 14 CCR Section 18991.4.

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

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery organizations:

i. The name, address and contact information of the food recovery service or food recovery organization.

ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 746-2022 § 2 (Exh. 1), 2022)

8.12.210 Food recovery organizations and services requirements.

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

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

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

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

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

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

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

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

C. Food recovery organizations and food recovery services 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 the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than June 1st.

D. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city or its designated enforcement agency, 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 or its designated enforcement agency shall respond to such request for information within sixty days unless a shorter time frame is otherwise specified by the city or its designated enforcement agency. (Ord. 746-2022 § 2 (Exh. 1), 2022)

8.12.220 Facility operators and community composting operation requirements.

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 city’s or its designated enforcement agency’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 or its designated enforcement agency shall respond within sixty days.

B. Community composting operators, upon the city’s or its designated enforcement agency’s request, shall provide information to the city or its designated enforcement agency to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city or its designated enforcement agency shall respond within sixty days. (Ord. 746-2022 § 2 (Exh. 1), 2022)

8.12.230 Inspections and investigations.

A. City representatives or its designee(s) 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 single-family, multifamily, and commercial generators, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city or its designee to enter the interior of a private residential property for inspection.

B. Entities regulated by this chapter 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.

C. Any records obtained by a 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 Section 6250 et seq.

D. City representatives or their 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 or its designee shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.

F. City representatives and/or their designee are authorized to provide informational notices to entities regulated by this chapter regarding compliance with this chapter. (Ord. 746-2022 § 2 (Exh. 1), 2022)

8.12.240 Violations—Penalty.

A. Any person who violates any provision of this chapter shall be guilty of an infraction. Violations may also be treated as misdemeanors. Each day a violation of this chapter continues shall be deemed a separate offense and punishable as such. Violations of this chapter may be enforced in any combination as permitted by Chapters 1.10 through 1.20 and 8.02, by a civil court action brought in the name of the city, by criminal action brought by the city attorney in the name of the city or in the name of the people of the state of California, or using any other enforcement or legal remedies available to the city under the law.

Any section of this chapter may be enforced by the city, or, if agreed to, by its designee or designated enforcement agency.

B. A violation may be punishable by:

1. A fine of one hundred dollars for a first violation; and

2. A fine of two hundred dollars for a second violation of the same provision of this code within any twelve-consecutive-month period; and

3. A fine of five hundred dollars for each additional violation of the same provision of this code within any twelve-consecutive-month period. Any citation issued after the issuance of a third citation or violation of the same provision of this code within any twelve-consecutive-month period may be charged as a misdemeanor.

C. The city or designated enforcement agency may issue a notice of violation requiring compliance within sixty days or sooner of issuance of the notice.

D. Absent compliance within the deadline set forth in the notice of violation, the city or designated enforcement agency may commence an action to impose penalties, via an administrative citation and fine, pursuant to this chapter. (Ord. 746-2022 § 2 (Exh. 1), 2022; Ord. 677-2011 § 2 (part), 2011. Formerly 8.12.150)