Chapter 8.10
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Sections:
8.10.010 Compliance with SB 1383 and SB 1383 regulations.
8.10.030 Requirements for single-family generators.
8.10.040 Requirements for commercial businesses, including multifamily dwellings.
8.10.050 Waivers for generators.
8.10.060 Requirements for commercial edible food generators.
8.10.070 Requirements for food recovery organizations and services.
8.10.080 Requirements for haulers and facility operators.
8.10.090 Compliance with CALGreen recycling requirements.
8.10.100 Model water efficient landscaping ordinance requirements.
8.10.110 Procurement requirements for direct service providers and vendors.
8.10.120 Inspections and investigations by city.
8.10.010 Compliance with SB 1383 and SB 1383 regulations.
Organic waste generators, commercial edible food generators, food recovery organizations, food recovery services, haulers, and owners of facilities, operations and activities that recover organic waste that are subject to SB 1383 and the SB 1383 regulations and the city’s jurisdiction shall fully comply with all applicable requirements of SB 1383, the SB 1383 regulations, this chapter, and any franchise agreement between the city and a franchished hauler in effect. In the event of a conflict between the provisions of this chapter and other provisions of this code, the provisions of this chapter shall control. In the event of a conflict between the provisions of SB 1383, the SB 1383 regulations and the provisions of this chapter, the SB 1383 regulations shall control. (Ord. 21-08 § 1, 2021.)
8.10.020 Definitions.
For the purpose of this chapter, the following words and phrases, and their derivations shall have the meanings respectively ascribed to them by this section. Terms not defined in this section and defined elsewhere in this code shall have the same meanings herein unless the context otherwise requires. In the event of a conflict between a definition in this code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this chapter. Additionally, for the purposes of this chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this chapter and not defined in this code. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.
A. “Black container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of black container waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of black container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be black containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
B. “Black container waste” means solid waste that is collected in a black container that is part of the city’s three-container organic waste collection service for single-family generators that prohibits the placement of organic waste in the black container as specified in 14 CCR Section 18984.1(a) and (b); or as otherwise defined in 14 CCR Section 17402(a)(6.5).
C. “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. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of source separated recyclable materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
D. “CalRecycle” means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on the city (and others).
E. “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).
F. “City” means the city of Covina, California.
G. “City enforcement official” means the city manager, or the city’s authorized designee who is or are partially or wholly responsible for enforcing this chapter.
H. “City manager” means the city manager or the city manager’s designee.
I. “Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five dwelling units is not a commercial business for purposes of implementing this chapter.
J. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this chapter or as otherwise defined in 14 CCR 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)(K).
K. “Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
L. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4).
M. “Compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
N. “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).
O. “County” means the county of Los Angeles.
P. “C&D” means any combination of inert building material and solid waste material resulting from building, construction, alteration, remodeling, repair, or demolition operations on any residential or commercial buildings or other structures, including asphalt, brick, stone, cement, land clearing, lumber, plaster, carpeting, drywall, plastic pipe, steel, roofing, packaging, and rubble.
Q. “Designee” means an entity that a city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2; or as otherwise defined in 14 CCR Section 18982(a)(15). A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
R. “Direct service provider” means a person, company, agency, district, or other entity that provides a service or services to a jurisdiction pursuant to a contract or other written agreement.
S. “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.
T. “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; or as otherwise defined in 14 CCR Section 18982(a)(19).
U. “Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city enforcement official’s, or the city’s designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
V. “Exclusive franchised hauler” means a person or entity authorized to collect, transport, process and/or dispose of solid waste, organic waste and/or recyclables within the city pursuant to an agreement approved by the city council as set forth in CMC 8.08.050.
W. “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).
X. “Food facility” has the same meaning as in Section 113789 of the California Health and Safety Code.
Y. “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).
Z. “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 California Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the California Health and Safety Code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the California Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
AA. “Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
BB. “Food scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
CC. “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).
DD. “Food-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
EE. “Food waste” means food scraps, food-soiled paper, and 100 percent fiber-based compostable dinnerware.
FF. “Generator” means a person or entity that is responsible for the initial creation of solid waste and with respect to organic waste, 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).
GG. “Gray container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of gray container waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of gray container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be gray containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
HH. “Gray container waste” means solid waste that is collected in a gray container that is part of the city’s two-container organic waste collection services for commercial businesses, including multifamily residential dwellings, that allows for the intentional comingling of all collected wastes, including organic waste that is not designated for collection in the green container and nonorganic recyclables, as specified in 14 CCR Section 18984.2(a)(1).
II. “Green container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of source separated green container organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be green containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
JJ. “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).
KK. “Inspection” means a site visit where a city or its designee 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).
LL. “Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or as otherwise defined in 14 CCR Section 18982(a)(38).
MM. “Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility; or as otherwise defined in 14 CCR Section 18982(a)(39). 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.
NN. “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).
OO. “Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
PP. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
QQ. “Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
RR. “Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
SS. “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.
TT. “Organic waste” means solid waste containing material originating from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
UU. “Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
VV. “Printing and writing papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
WW. “Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials, if applicable, or source separated green container organic waste to be placed in city’s green container or blue container, if applicable; and (4) excluded waste placed in any container.
XX. “Recovered organic waste products” means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
YY. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
ZZ. “Recycled-content paper” means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
AAA. “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).
BBB. “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 California Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the California Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants.
CCC. “SB 1383 regulations” means or refers to, for the purposes of this chapter, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
DDD. “Single-family” means of, from, or pertaining to any residential premises with fewer than five dwelling units.
EEE. “Solid waste” unless otherwise defined in California Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
FFF. “Source separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or black container waste, as applicable, or other solid waste for the purposes of collection and processing.
GGG. “Source separated blue container organic waste” means source separated organic waste that can be placed in a blue container that is limited to the collection of that organic waste and nonorganic recyclables consistent with the city’s collection services and container labeling as provided in 14 CCR 18984.8, and includes paper products, printing and writing paper, wood and dry lumber and textiles unless otherwise specified by the city but excludes source separated green container organic waste.
HHH. “Source separated green container organic waste” means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, consistent with the city’s collection services and container labeling as provided in 14 CCR 18984.8, and includes food waste but excludes source separated blue container organic waste, carpets, textiles, and noncompostable paper.
III. “Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste.
JJJ. “State” means the state of California.
KKK. “Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
LLL. “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following; or as otherwise defined in 14 CCR Section 18982(a)(73):
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than 10,000 square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
MMM. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following; or as otherwise defined in 14 CCR Section 18982(a)(73):
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on-site food facility and 200 or more rooms.
3. Health facility with an on-site food facility and 100 or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. A local education agency facility with an on-site food facility.
NNN. “Uncontainerized green waste and yard waste collection service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
OOO. “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 189852(a)(76). (Ord. 21-08 § 1, 2021.)
8.10.030 Requirements for single-family generators.
Single-family organic waste generators shall comply with the following requirements:
A. Shall subscribe to city’s three-container collection services and comply with requirements of those services as described in subsection (B) of this section. City or its designee shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust their service level for their collection services as requested by the city or its designee. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, using the uncontainerized green waste and yard waste collection service, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B. Shall participate in the city’s three-container collection service by placing designated materials in designated containers and shall not place prohibited container contaminants in collection containers as follows: Single-family generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black container waste in the black container. Generators shall not place materials designated for the gray container into the green container or blue container. (Ord. 21-08 § 1, 2021.)
8.10.040 Requirements for commercial businesses, including multifamily dwellings.
A. All generators that are commercial businesses, including multifamily residential dwellings, shall comply with the following requirements:
1. Shall subscribe to city’s two-container collection services and comply with requirements of those services as described in subsection (B) of this section. The city or its designee shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city or its designee. Generators that are commercial businesses, including multifamily residential dwellings, may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). Generators that are multifamily residential dwellings, but not other commercial businesses, may also manage their organic waste by using the uncontainerized green waste and yard waste collection service.
2. Shall participate in the city’s two-container collection service(s) by placing designated materials in designated containers as follows: Generators that are commercial businesses, including multifamily residential dwellings, shall place only source separated green container organic waste, including food waste, in a green container and place gray container waste in the gray container.
B. Except for multifamily residential dwellings, generators that are commercial businesses shall comply with the following requirements:
1. Provide containers for the collection of source separated green container organic waste in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in the green container, as demonstrated through an approved de minimis waiver per CMC 8.10.050, 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 city’s two-container collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
2. Prohibit commercial business employees from placing materials in a container not designated for those materials per the city’s green container, and gray container collection service.
3. Periodically inspect green containers and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
C. All generators that are commercial businesses, including multifamily residential dwellings, shall comply with the following requirements:
1. Provide or arrange for collection services consistent with this chapter for the commercial business’s employees, contractors, tenants, and customers and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors conforming with subsection (B)(1) of this section for commercial business’s employees, contractors, tenants, and customers, consistent with city’s green container, and gray container collection service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR.
2. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste.
3. Provide education information as described in subsection (C)(2) of this section before or within 14 days of occupation of the premises to new tenants.
4. Provide or arrange access for city or its designee to the generator’s properties during all inspections conducted in accordance with CMC 8.10.120 to confirm compliance with the requirements of this chapter.
5. If generating two cubic yards or more of total solid waste per week (or other threshold defined by the state), require that any contract or work agreement between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the California Public Resources Code.
D. Generators that are commercial businesses, including multifamily residential dwellings, may receive waivers pursuant to CMC 8.10.050.
E. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to CMC 8.10.060. (Ord. 21-08 § 1, 2021.)
8.10.050 Waivers for generators.
The city, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a generator of organic waste:
A. De Minimis Waivers. City may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation, or the city has evidence demonstrating, that the business generates below a certain amount of organic waste material as described in subsection (A)(2) of this section. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (A)(2) of this section.
2. Provide documentation that either:
a. The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green container comprises less than 20 gallons per week of the business’s total waste; or
b. The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container comprises less than 10 gallons per week of the business’s total waste.
3. Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded. In addition, if the city determines at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds set forth in subsection (A)(2) of this section, the city shall rescind the waiver.
4. Provide written verification of eligibility for de minimis waiver every five years, if city has approved de minimis waiver.
B. Physical Space Waivers. The city may waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the organic waste collection service requirements of this chapter if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of CMC 8.10.040.
A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an exemption request form to the city’s public works department specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Notify the city if circumstances change such that the commercial business has adequate space for the collection containers required for compliance with the organic waste collection requirements of CMC 8.10.040, in which case waiver will be rescinded. In addition, if the city determines at any time that a commercial business has adequate space for the collection containers required for compliance with the organic waste collection requirements of CMC 8.10.040, the city shall rescind the waiver.
4. Provide written verification to city’s public works department that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver. (Ord. 21-08 § 1, 2021.)
8.10.060 Requirements for commercial edible food generators.
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
6. No later than July 1st of each year commencing no later than July 1, 2022, for tier one commercial edible food generators and July 1, 2024, for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the records listed in subsection (C)(5)(c) of this section.
D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 21-08 § 1, 2021.)
8.10.070 Requirements for food recovery organizations and services.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
D. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1, 2022.
E. Food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the city. (Ord. 21-08 § 1, 2021.)
8.10.080 Requirements for haulers and facility operators.
A. Requirements for Haulers.
1. Hauler(s), including exclusive franchised haulers, providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the applicable requirements of 14 CCR, Division 7, Chapter 12 and the following requirements and standards as conditions of approval of a contract, agreement, or similar contractual authorization with the city to collect organic waste:
a. Through written notice to the city annually on or before July 1st, of each year, commencing July 1, 2022, identify the facilities to which they will transport organic waste including facilities for gray container waste, source separated recyclable materials and source separated green container organic waste.
b. Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.
c. Transport gray container waste, source separated recyclable materials and source separated green container organic waste, to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
d. Obtain approval from the city to haul organic waste pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the city.
2. Exclusive franchised hauler(s) 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 entered into with city.
B. Subsection (A) of this section is not applicable to a hauler that is transporting source separated organic waste, consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the California Public Resources Code, to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and Chapter 8.09 CMC and CMC 8.10.090 and 14.24.010.
C. Requirements for Facility Operators and Community Composting Operations.
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.
2. Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days. (Ord. 21-08 § 1, 2021.)
8.10.090 Compliance with CALGreen recycling requirements.
A. In addition to any requirements in Chapter 8.09 CMC and CMC 14.24.010, or any other requirements of this code, the following requirements also apply:
1. For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the city’s permit approval, comply with the following:
a. Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of nonhazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, organic waste and metal, consistent with the collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019, and effective January 1, 2020.
b. Where new commercial construction or additions will result in more than 30 percent of the floor area, provide readily accessible areas identified for the storage and collection of nonhazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, organic waste and metal, consistent with the collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019, and effective January 1, 2020.
B. For organic waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019, and effective January 1, 2020, shall be complied with. (Ord. 21-08 § 1, 2021.)
8.10.100 Model water efficient landscaping ordinance requirements.
In addition to any requirements in Chapter 17.82 CMC, property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch, as amended September 15, 2015. (Ord. 21-08 § 1, 2021.)
8.10.110 Procurement requirements for direct service providers and vendors.
Direct service providers to the city and all vendors providing paper products and printing and writing papers shall comply with the city’s policy regarding recovered organic waste product procurement, including recycled-content paper procurement. (Ord. 21-08 § 1, 2021.)
8.10.120 Inspections and investigations by city.
A. Subject to the requirements of any applicable franchise agreement with an exclusive franchised hauler, city representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the city may conduct container inspections for prohibited container contaminants.
B. Subject to the requirements of any applicable franchise agreement with an exclusive franchised hauler, organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, food recovery services, and food recovery organizations shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city, the city’s employee or the city’s 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: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
C. Any records obtained by a city during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act.
D. Subject to the requirements of any applicable franchise agreement with an exclusive franchised hauler, city representatives and/or its designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints in accordance with 14 CCR Section 18995.3.
F. Inspections and investigations of exclusive franchised haulers shall be consistent with the terms of any applicable franchise agreement. (Ord. 21-08 § 1, 2021.)
8.10.130 Enforcement.
A. Violation of any provision of this chapter that occurs on or after January 1, 2024, shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official in accordance with 14 CCR Section 18995.4. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
B. The provisions of subsection (A) of this section do not apply to violations related to a generator placing prohibited container contaminants in containers, which the city enforcement official and/or the city’s designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b) and any contamination processing service fees pursuant to the provisions of the applicable franchise agreement between the city and a franchised hauler.
C. Enforcement pursuant to this chapter may be undertaken by the city enforcement official.
D. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
E. Penalty Amounts for Types of Violations. The penalty levels for city-issued notice of violations pursuant to this chapter are as follows:
1. For a first violation, the amount of the penalty shall be $100.00 per violation.
2. For a second violation, the amount of the penalty shall be $200.00 per violation.
3. For a third or subsequent violation, the amount of the penalty shall be $500.00 per violation.
F. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
G. Appeals Process. Administrative citations or fines imposed under this chapter may be appealed pursuant to Chapter 1.26 CMC. (Ord. 21-08 § 1, 2021.)