Chapter 8.08 SOLID WASTE COLLECTION AND DISPOSAL

For the purpose of this chapter the following words are defined as set out in this section, unless it is apparent from their context that a different meaning is intended:

“Bin service” means a metal container, watertight and with a cover, designed for direct dumping into a collection vehicle, and constructed in standard sizes with a minimum of two cubic yards and a maximum of six cubic yards in capacity and furnished by the collector.

“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.

“Cart” means a plastic container with wheels and a handle, watertight and with a close-fitting cover, of not less than 60 nor more than 90 gallons’ net capacity supplied by the solid waste collector.

“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).

“City” means the City of Escalon.

“City council” means the city council of the City of Escalon.

“City enforcement official” means the city manager or his or her authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

“Code” means the Escalon Municipal Code.

“Collector” means any person or persons, firm, partnership, joint venture, association, or corporation authorized to engage in the collection or transportation, disposal, recycling, or processing of solid waste, recyclable materials, or organic waste generated within all or part of the jurisdictional boundaries of the city, including franchisees, recycling collectors, and organic materials collectors.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

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

“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).

“Compliance review” means a review of records by the city or its designee to determine compliance with this chapter.

“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

“Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

“Construction and demolition waste” means the nonhazardous waste building material, inerts, soil, packaging, rubble, and other used or discarded materials resulting from construction or demolition.

“Container” means a container intended for mixed waste, recyclables or organic waste.

“Container contamination” or “contaminated container” means a container that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

“Designated source separated organic waste facility,” as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:

1. The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent on and after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream.

a. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in subsection (1) of this definition for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a “designated source separated organic waste facility.”

2. The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.

a. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a “designated source separated organic waste facility.” For the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

“Designee” means an entity that with which the city contracts or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. For the implementation, inspection and enforcement of the edible food recovery program as described in EMC 8.08.210 through 8.08.240, the designee shall include the San Joaquin County environmental health department.

“Dwelling” means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except “dwelling” does not include hospitals, hotels, motels, nursing homes, or convalescent centers.

“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.

“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 chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city’s or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose 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.

“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).

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

“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24).

“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

“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).

“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.

“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-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.

“Food waste” means food scraps separated from solid waste and offered for collection by the contractor, that will decompose and/or putrefy including (1) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs, and (2) paper waste contaminated with food waste.

“Generator” means a person or entity that is responsible for the initial creation of waste.

“Green waste” means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.

“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).

“Hauler route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

“Hazardous wastes” includes any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of, any disposal of such wastes or mixture of wastes. It includes all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in the Health and Safety Code or in future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency pursuant to the Federal Resource Conservation and Recovery Act and all future amendments thereto.

“High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).

“Inspection” means a site visit where the 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).

“Large event” means an event, including, but not limited to, a sporting event or a flea market that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

“Large green waste” means shrubbery, brush, tree limbs, tree branches, tree trimmings, and similar material, larger than five feet in length or six inches in diameter, and any single piece of large green waste weighing more than 50 pounds.

“Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

“Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

“Mixed paper” means a waste type which is a mixture, unsegregated by color or quality, of at least two of the following paper wastes: newspaper, corrugated cardboard, office paper, computer paper, white paper, coated paper stock, or other paper wastes.

“Mixed waste” means all other solid waste that is not designated for collection in a source separated organic waste container, but excluding excluded waste and hazardous waste.

“Mixed waste container” means a container to be used for the separate collection of mixed waste.

“Notice of violation” or “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.

“Organic waste” or “organics” means solid wastes, excluding mixed waste, containing material originating from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, lumber, wood, paper products, printing and writing paper. Organic waste includes, but is not limited to, food scraps, food-soiled paper, and green waste.

“Organics container” means a container to be used for the separate storage and collection of source separated organic waste.

“Person” means an individual, group of individuals, and/or any legal entity recognized by the laws of the state.

“Place” or “premises” means every dwelling house, dwelling unit, apartment house, or multiple-dwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing or assembling shop, or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the city.

“Prohibited container contaminants” means the following: (1) discarded materials placed in the mixed waste container that are not identified as acceptable mixed waste for the city’s mixed waste container; (2) discarded materials placed in the organic waste container that are not identified as acceptable source separated organic waste for the city’s organic waste container; (3) for a commercial business subscribed to the city’s three-container collection services pursuant to EMC 8.08.070, discarded materials placed in the recycling container that are not identified as accepted source separated recyclable materials for the city’s recycling container; and (4) excluded waste or hazardous waste placed in any container.

“Putrescible wastes” includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and includes materials such as food wastes, offal, and dead animals.

“Recyclables” or “recyclable materials” means those materials that may be separated on a commercially reasonable basis from solid waste and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. “Recyclables” include newspaper products, corrugated cardboard, mixed paper, catalogs, paper bags, cardboard egg containers, phone books, shoe boxes, cereal or similar food boxes, glass containers (including colored glass bottles and jars), aluminum (including beverage and food containers, foil, and small scrap metal), plastic milk and juice containers, small scrap metal, steel or tin cans, PETE and HDPE plastic containers and bags, and any other commercially viable recyclable materials mutually agreed to by the collector and the city.

“Recycling 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 recyclables.

“Residential” means any residential dwelling.

“Roll-off box service” means a metal container designed for loading upon a vehicle for transportation to a solid waste facility, with a minimum of 10 cubic yards and a maximum of 50 cubic yards in capacity and furnished by the solid waste collector.

“Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

“SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016).

“SB 1383 regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 and 27 CCR.

“Self-hauler” means a person who hauls solid waste, recyclable materials, or organic waste that he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

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

“Small green waste” means leaves, weeds, grass clippings, vines, twigs and other similar soft vegetative materials, and woody prunings from trees no longer than four feet in length or six inches in diameter.

“Solid waste” means all putrescible and nonputrescible solid, semisolid and liquid waste accumulated or delivered for collection and disposal within the city and includes, but is not limited to, construction debris, demolition debris, bulky waste, and small green waste. Solid waste does not include hazardous waste or household hazardous waste, designated waste, infectious waste, sewage, or abandoned automobiles.

“Source separate” means physically separating waste materials by type at the point of discard so as to separate recyclable materials, organic waste and nonrecyclable waste.

“State” means the State of California.

“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).

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

1. Supermarket.

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

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

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

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

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

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

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

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

“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, or prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76). (Ord. 586 § 1 (Exh. A), 2022)

8.08.020 Permit – Required.

Any person, firm, or corporation desiring a permit to collect solid waste under the provisions of this chapter shall apply for the same to the city council. The city council shall have the authority to issue such permits and to formulate all reasonable rules and regulations relative to the same. Such permits shall be considered to be a contract between the city and the collector for the term of the permit. (Ord. 586 § 1 (Exh. A), 2022)

8.08.030 County sanitary rules and regulations incorporated in this chapter.

Nothing in this chapter shall be held to be in conflict with the rights of the county health officer to establish sanitary rules and regulations pertaining to the subject matter of this chapter; and such rules and regulations, when published, shall become and are made a part of this chapter, and any person violating any one of such rules shall be punished as for a violation of this chapter. (Ord. 586 § 1 (Exh. A), 2022)

8.08.040 Rates to be charged for solid waste collection services.

A. Charges for solid waste service shall be as determined by the collector and subject to city review and mediation.

B. The city shall not engage in rate-making with respect to charges for solid waste collection service, except to set maximum rates as set forth in subsection C of this section.

C. The city council reserves the right to set maximum rates that may be charged for any solid waste collection services offered by collectors that have agreements with the city to provide such services. Charges shall be applied uniformly throughout the city. No collector may charge differing rates within the same class of solid waste customers.

D. The collector shall furnish and maintain all containers at its sole cost and expense.

Provisions pertaining to the application for solid waste collection service, deposit requirements, payment and collection of bills, discontinuance of service, and transfer of service to a new address are contained in Chapter 13.10 EMC. (Ord. 586 § 1 (Exh. A), 2022)

8.08.050 Collection of solid waste charges.

Any agreement entered into by the city council pursuant to the provisions of this chapter for the collection of solid waste, except industrial solid waste, shall specify that all charges for solid waste service shall be collected solely by the collector or by the city pursuant to a contract with a customer. The city may contract with a collection agency to perform customer billing and collection services. (Ord. 586 § 1 (Exh. A), 2022)

8.08.060 Requirements for single-family generators.

A. Single-family organic waste generators shall comply with the following requirements:

1. Subscribe to the city’s two-container collection services. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service levels for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.

2. Participate in the city’s organic waste collection service(s) by placing source separated organic waste, including food waste, in the organic waste container and all mixed waste in the mixed waste container. (Ord. 586 § 1 (Exh. A), 2022)

8.08.070 Requirements for commercial businesses.

A. Prior to the construction and operation of a high diversion organic waste processing facility, generators that are commercial businesses, including multifamily residential dwellings, shall comply with the following requirements:

1. Subscribe to the city’s three-container collection services and comply with requirements of those services as described in this section. The property owner or landlord of commercial premises with multiple suites shall subscribe to solid waste collection services and provide a sufficient number and size of containers to their tenants. For all commercial businesses billing shall be mailed to the person specified by the owner of the parcel, and, if not specified, then to the owner of the parcel. The city shall have the right to review the number and size of a generator’s containers and the frequency of collection to evaluate the adequacy of capacity provided for each container for proper separation and containment of materials. Commercial businesses shall adjust their service level for their collection services as requested by the city.

2. Participate in the city’s three-container collection service(s) by placing source separated organic waste, including food waste, in the organic waste container; source separated recyclable materials in the recycling container; and mixed waste in the mixed waste container. Generator shall not place materials designated for the mixed waste container into the organic waste container or recycling container, nor place materials designated for the organic waste container or recycling container into the mixed waste container. If the city transitions to a one-container collection service, generator shall place materials in the mixed waste container.

3. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with this section for employees, contractors, tenants, and customers, consistent with the city’s recycling container, organic waste container, and mixed waste container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with EMC 8.08.200).

4. Excluding multifamily residential dwellings, provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

5. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in this section pursuant to 14 CCR Section 18984.9(b).

6. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with this section, or if recycling organic waste on site or self-hauling under EMC 8.08.200 per the commercial business’s instructions to support its compliance with its on-site recycling or self-haul program.

7. Excluding multifamily residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

8. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials, and ensure that instructions or training materials provided to employees, contractors, and volunteers are promptly made available to the city upon request.

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

10. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with EMC 8.08.230 to confirm compliance with the requirements of this chapter.

11. If a commercial business wants to self-haul, it must meet the self-hauler requirements in EMC 8.08.200.

12. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

13. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to EMC 8.08.210.

14. Commercial generators may be assessed an additional fee based on the size of the container for recyclable materials and organic waste containers that are collected for solid waste disposal by the collector if the contents of their recyclable materials and organic waste containers contain unacceptable levels of contamination.

B. Only after a high diversion organic waste processing facility has been constructed and is operational shall generators that are commercial businesses, including multifamily residential dwellings, comply with the following requirements:

1. Subscribe to the city’s one-container collection services and comply with requirements of those services as described in this subsection. The city shall have the right to review the number and size of a generator’s container(s) 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.

2. Participate in the city’s one-container collection service(s) by placing all solid waste, including organic waste, into the mixed waste container, the contents of which shall be processed at a high diversion organic waste processing facility. Such mixed waste may be directly transported to the high diversion organic waste processing facility; or may be sent to a transfer facility for subsequent transfer and transport to the high diversion organic waste processing facility.

3. Supply and allow access to an adequate number, size and location of collection containers for employees, contractors, tenants, and customers, consistent with the city’s one-container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with EMC 8.08.200.

4. Excluding multifamily residential dwellings, provide containers for the collection of mixed waste in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by 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.

5. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in this section pursuant to 14 CCR Section 18984.9(b).

6. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with EMC 8.08.230 to confirm compliance with the requirements of this chapter.

7. If a commercial business wants to self-haul, it must meet the self-hauler requirements in EMC 8.08.200.

8. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

9. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to EMC 8.08.210. (Ord. 586 § 1 (Exh. A), 2022)

8.08.080 Containers required.

It shall be unlawful for any person occupying any premises within the city, or for any person, controlling or maintaining any premises within the city where solid waste is created, produced, or accumulated, to fail or neglect to provide a sufficient number of each approved type of standard cart container, bin service, and/or roll-off box service for receiving and holding, without leakage or escape of odors, all solid waste produced, created, or accumulated upon such premises, except as hereinafter provided; and all such persons shall deposit all such solid waste in the correct containers. (Ord. 586 § 1 (Exh. A), 2022)

8.08.090 Sanitary condition required.

All containers shall be at all times kept in a good, usable, and sanitary condition. Containers shall at all times be kept within the building or on the lot on which the building is situated. Containers shall be kept continuously closed except when solid waste is being placed therein or removed therefrom, and shall at all times be closed against the access of flies, rodents, and animals to the contents thereof. (Ord. 586 § 1 (Exh. A), 2022)

8.08.100 Maximum container weight.

No container shall exceed 100 pounds in weight when filled for collection or removal, except when bin services or roll-off box services are used. (Ord. 586 § 1 (Exh. A), 2022)

8.08.110 Prohibited placement of containers.

Standard cart containers, bins, and roll-off boxes shall not be placed or allowed to remain in or on any street or public right-of-way, except within 24 hours prior to and following the scheduled or actual date for collection by a collector, or as otherwise authorized by the city manager. Containers shall be returned to a proper storage location on private property when not set out for collection by a collector. In residential uses, containers shall be stored in a location that minimizes their visibility from the public right-of-way, such as a side yard or rear yard. (Ord. 586 § 1 (Exh. A), 2022)

8.08.120 Container locations.

A. On single-family premises, standard cart containers and organic waste containers shall be placed by the customer on the premises, and when subject to collection may be collected by the collector as follows:

1. Containers shall be placed in front of or on the side of the property, on the abutting portion of the street next to the curb or such other location as approved by the city manager.

2. All containers shall be placed no more than four feet from an area where the collection vehicle can reasonably park. All residential containers set out for collection shall have the necessary clearance from obstructions on either side of the container as well as overhead clearance needed for the collection vehicle to empty contents of the container without causing damage to public or private property. In case of dispute, an acceptable residential container location shall be as determined by the public works superintendent and collector.

B. Standard cart and bin service containers for mixed waste, recyclable material, and organic waste service to multifamily dwellings, apartments, commercial premises, and industrial premises shall be placed in a location no greater than 50 feet from the nearest point where the collector’s vehicle can reasonably be parked. Drop box containers shall be located as agreed upon between the customer and the collector. In case of dispute, the location shall be as determined by the public works superintendent.

C. Containers for solid waste may be placed on premises at locations other than described in this section if the customer is handicapped or disabled and the location is approved by the city manager. (Ord. 586 § 1 (Exh. A), 2022)

8.08.130 Number of containers required.

All places or premises within the city shall have sufficient containers of the approved type to hold all solid waste, recyclable materials, and organic waste generated, produced, or accumulated on the place or premises during a one-week period, unless a more frequent collection schedule has been approved or directed pursuant to this chapter. In determining the sufficiency of the number of containers required, the following minimum standards shall apply:

A. Single-family residential dwellings: one mixed waste container per dwelling unit for mixed waste; and one organic waste container per dwelling unit for organic waste.

B. Multifamily dwellings: one bin service container per building equivalent to one standard cart per dwelling unit for solid waste, unless a lesser number is authorized by the city manager; and sufficient organic waste containers of a type approved by the city manager. Multifamily dwellings must meet all state recycling laws.

C. Motel, hotel, trailer park, or mobile home park: one bin service container per building equivalent to one standard cart per dwelling unit for solid waste, unless a lesser number is authorized by the city manager; and sufficient organic waste containers of a type approved by the city manager.

D. Commercial/industrial/nonresidential place or premises: one standard cart, one bin service container(s), and/or one roll-off box container for mixed waste as determined by the city manager; and sufficient organic waste containers of a type approved by the city manager.

E. Enclosures required for multifamily dwellings, commercial premises, and industrial premises: one enclosure per building in compliance with the waste, organic, and recycling container enclosure standards set forth by EMC 17.41.200. New or substantially remodeled commercial, industrial and multifamily residential uses shall be designed to include space for storage and collection of solid waste on the premises in accordance with state law. (Ord. 586 § 1 (Exh. A), 2022)

8.08.140 Collection days.

For the purpose of said collection, the city may fix a day or days on which the collections shall be made. (Ord. 586 § 1 (Exh. A), 2022)

8.08.150 Unauthorized persons prohibited to interfere with containers.

At such times as there is in force a contract entered into by the city with any person, firm, or corporation for the collection of solid waste in the city, it shall be unlawful for any persons other than the persons in the employ of the contractor having the contract to collect any solid waste within the city; or to interfere in any manner with any container or the contents thereof; or to remove any such containers from the place where the same are located by the owner or lessee thereof; or to remove the contents of such containers. (Ord. 586 § 1 (Exh. A), 2022)

8.08.160 Illegal dumping, depositing, or burying solid waste.

A. It is unlawful and shall constitute an abatable nuisance for any person to place solid waste or hazardous waste upon any public property or the private property without the consent of the property owner, unless approved by the city manager or their designee. Intent to remove the solid or hazardous waste shall not constitute a defense to this offense.

B. It is unlawful for any person to place hazardous waste into any container, street, alley, or public right-of-way.

C. It is unlawful for any person to place solid waste into any container without the permission or consent of the person owning, renting, or having legal control of that container. (Ord. 586 § 1 (Exh. A), 2022)

8.08.170 Burning prohibited.

It shall be unlawful for any person to burn or permit to be burned any solid waste in any place within the city.

A. Public Places. It shall be unlawful for any person to cause, allow, aid, suffer or maintain any open burning of any kind upon any public place, street or alley within the city at any time.

B. Private Premises. It shall be unlawful for any person to cause, allow, suffer or maintain any open burning of any kind or the burning of any solid waste in any incinerator, barrel, can, pit, outdoor fireplace, container or enclosure upon any private premises within the city.

C. Exceptions. The provisions of this section shall not apply to the following:

1. An indoor or outdoor barbecue or similar heating or cooking device while being used for the heating or cooking of food for human consumption, or for recreational purposes, and not being used primarily for the burning or disposal of solid waste;

2. Comfort heating by use of a fireplace inside a residence, which fireplace is not being used primarily for the burning or disposal of solid waste;

3. A fire set with permission given by an official of the Escalon fire department for the purpose of prevention of a fire or health hazard or the disposal of solid waste which cannot be abated or disposed of by other reasonable means; or

4. Fires used as safety flares for the combustion of waste gases. (Ord. 586 § 1 (Exh. A), 2022)

8.08.180 Construction and demolition waste.

Construction and demolition waste from applicable projects shall be diverted from the landfill in accordance with the requirements of the most currently adopted California Green Building Standards Code. A deposit of $500.00 shall be charged for applicable projects and refunded to applicant if the diversion requirements are satisfied by applicant furnishing proof acceptable to city. (Ord. 586 § 1 (Exh. A), 2022)

8.08.190 Requirements for haulers and facility operators.

A. Requirements for Haulers.

1. Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the city to collect organic waste:

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

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

c. 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 debris.

2. Haulers authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its agreement entered into with the city.

B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

2. Community composting operators, upon the city’s request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days. (Ord. 586 § 1 (Exh. A), 2022)

8.08.200 Self-hauler requirements.

A. Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility, when such facility has been constructed and is operational.

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. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility, when such facility has been constructed and is operational.

C. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

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

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

D. Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection C of this section to the city if requested.

E. A residential organic waste generator that self-hauls organic waste is not required to record information as otherwise required by subsection C of this section or report information as otherwise required by subsection D of this section.

F. Notwithstanding the foregoing, self-haulers shall not dispose of any solid waste in any manner not permitted by this chapter. To do so is a violation of this chapter punishable as set out in EMC 8.08.240.

G. Exemptions. The following activities and circumstances do not qualify as self-hauling under this chapter:

1. Green waste removed from a premises by a gardening, landscaping, or tree trimming contractor having a city business license and as an incidental part of a total service offered by that contractor rather than as a disposal service, and tree trimmings, clippings, and all similar materials generated at parks and other publicly maintained premises;

2. Construction and demolition debris removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor rather than as a disposal service;

3. The collection of hazardous material or dangerous waste as part of a hazardous material collection activity authorized by the San Joaquin County environmental health department, including, without limitation, liquid and dry caustics, acids, biohazardous, flammable or explosive materials, insecticides and similar substances; and

4. Recyclable materials and organic waste generated at any residential premises or place of business and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) to a solid waste or recycling facility in a manner consistent with this chapter and other applicable laws. (Ord. 586 § 1 (Exh. A), 2022)

8.08.210 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.

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 of.

2. Contract or enter into a written agreement with food recovery organizations or food recovery service 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 San Joaquin County environmental health department, or the city’s designated enforcement entity or designated third party enforcement entity, to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

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

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

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

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

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

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

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

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 285, Statutes of 2017.

E. The city may adopt a fee by resolution to charge commercial edible food generators for the San Joaquin County environmental health department’s time to implement inspection, record keeping, and enforcement provisions for commercial edible food generators under this section and EMC 8.08.230 and 8.08.240. (Ord. 586 § 1 (Exh. A), 2022)

8.08.220 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 for which the food recovery service transports edible food for food recovery.

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

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

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

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

C. Food recovery organizations and food recovery services 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 it is located 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 March 1st, July 1st, and September 1st annually.

D. In order to support edible food recovery capacity planning assessments or other studies, 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.

E. The city may adopt a fee by resolution to charge food recovery services and food recovery organizations operating in the city for the San Joaquin County environmental health department’s time to implement inspection, record keeping, and enforcement provisions for food recovery services and food recovery organizations operating in the city under this section and EMC 8.08.230 and 8.08.240. (Ord. 586 § 1 (Exh. A), 2022)

8.08.230 Inspections and investigations.

A. The city or its designee may, from time to time, inspect all premises within the city to determine compliance with and to enforce the provisions of this chapter.

B. 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, self-haulers, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with EMC 8.08.070, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to EMC 8.08.070.

C. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement 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 in EMC 8.08.240.

D. Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

E. City representatives, its designated entity, and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

F. The city shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. Collectors shall relay to the city in writing all written complaints they receive concerning acts or omissions of themselves or another entity that are potentially noncompliant with SB 1383 regulations, including anonymous complaints. (Ord. 586 § 1 (Exh. A), 2022)

8.08.240 Violation – Penalty.

A. It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter.

B. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties. Violations of this chapter constitute a misdemeanor and may be enforced by any applicable law. Violations of this chapter are hereby declared to be public nuisances. Each person is guilty of a separate offense each day a violation is allowed to continue and every violation of this chapter shall constitute a separate offense and shall be subject to all remedies. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.

C. The city shall enforce this chapter with the goal of maximizing the amount of recyclable materials and organic materials that are properly source separated and ensuring that recyclable materials and organic materials that have been properly source separated are correctly collected and delivered to recycling and organics materials processing facilities. In addition to all enforceable mechanisms available to the city under this section, the city shall require the solid waste collector to conduct the following activities to enforce this chapter:

1. Provide details on the requirements of this chapter to affected solid waste customers, commercial premises, multifamily generators, and special events;

2. Develop and disseminate public education and promotional materials relating to the importance of recycling and organic materials processing and the availability of recycling and organic materials processing opportunities available to solid waste customers, commercial generators, multifamily generators, and special events;

3. Provide technical assistance and training to solid waste customers, commercial generators, and multifamily generators to increase recycling;

4. Enforce provisions of the franchise agreement for collection of recyclable materials, organic waste, and solid waste with the collector to stimulate demand for recyclable materials and organic waste collection service.

D. Violation of EMC 8.08.060, 8.08.070, and 8.08.190 through 8.08.220 shall constitute grounds for issuance of a notice of violation and assessment of a fine. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The procedures in Chapter 8.24 EMC shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce EMC 8.08.060, 8.08.070, and 8.08.190 through 8.08.220 and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter. The fine amounts are set forth in EMC 8.24.030.

E. The city enforcement officer and/or its designee will monitor compliance with the SB 1383 regulations randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program.

F. Beginning January 1, 2022, and through December 31, 2023, the city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with the SB 1383 regulations, and if the city determines that an organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

G. Beginning January 1, 2024, if the city or its designee determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with the SB 1383 regulations, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.

H. Prior to taking any enforcement action against a person, business, or entity for violating the SB 1383 regulations, the city shall first notify the person, business, or entity and provide an opportunity to correct the violation through the issuance of a notice of violation by a city enforcement officer. Notices shall be sent to the “owner” at the official address of the owner maintained by the tax collector for the city or, if no such address is available, to the owner at the address of the residential dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information. This notice shall contain the information required by EMC 8.24.050. The notice shall state the person, business, or entity has 60 days to correct the violation. The person, business, or entity shall be responsible for ensuring and demonstrating compliance with the requirements of the SB 1383 regulations within the 60-day time frame provided in the notification of violation. Failure to demonstrate compliance shall be cause for enforcement.

I. For incidences of prohibited container contaminants found in containers, the city enforcement officer will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within 30 days after determining that a violation has occurred. Notwithstanding the foregoing, the city may issue administrative citations immediately for container contamination and failure to subscribe to collection service as required. The city may pursue enforcement of the provisions of this chapter through administrative, civil, or criminal proceedings.

J. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. (Ord. 586 § 1 (Exh. A), 2022)