Chapter 5.30
ORGANIC WASTE DISPOSAL REDUCTION, RECYCLING AND SOLID WASTE COLLECTION
SECTION:
5.30.010: Purpose And Findings
5.30.040: Requirements For Single-Family Generators
5.30.050: Requirements For Commercial Businesses
5.30.060: Waivers For Generators
5.30.070: Requirements For Commercial Edible Food Generators
5.30.080: Requirements For Food Recovery Organizations And Services
5.30.090: Requirements For Haulers And Facility Operators
5.30.100: Self-Hauler Requirements
5.30.110: Water Efficient Landscaping Requirements
5.30.120: Procurement Requirements For City Departments, Direct Service Providers, And Vendors
5.30.130: Inspections And Investigations
5.30.150: Coordination And Interpretation In Conjunction With Related Solid Waste Ordinances
5.30.010 PURPOSE AND FINDINGS:
The city finds and declares:
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their cities to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added sections 40004, 41734.5, and 41780.01 and chapter 12.8 (commencing with section 42649) to part 3 of division 30 of, and added and repealed section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires cities to implement a Mandatory Commercial Recycling program.
C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with section 42649.8) to part 3 of division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires cities to implement a Mandatory Commercial Organics Recycling program.
D. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.
E. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption. (Ord. 2021-129, 1-18-2022)
5.30.020 TITLE OF ORDINANCE:
This chapter shall be entitled "Organic Waste Disposal Reduction, Recycling and Solid Waste Collection." References herein to "ordinance" shall refer to this chapter. (Ord. 2021-129, 1-18-2022)
5.30.030 DEFINITIONS:
"Blue container" has the same meaning as in 14 CCR section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
"CalRecycle" means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations.
"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).
"C&D" means construction and demolition debris.
"City" means the city of Gonzales, California, within its jurisdictional boundaries.
"City enforcement official" means the city manager or authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.
"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 multi-family residential dwelling, or as otherwise defined in 14 CCR section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) 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 herein or as otherwise defined in 14 CCR section 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).
"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (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 a city 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 the ordinance codified in 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).
"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).
"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. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
"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 ordinance, including, without limitation: 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 multi-family 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. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.
"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, 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 temporary food facility as defined in section 113842 of the Health and Safety Code;
3. 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 exclude 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, and food-soiled paper.
"Gray container" has the same meaning as in 14 CCR section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste. Per the definition provided in 14 CCR section 18982(a)(28), the gray container may be black, or the body and/or lid of the container may be black or gray.
"Gray container waste" means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR sections 18984.1(a) and (b), or as otherwise defined in 14 CCR section 17402(a)(6.5).
"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.
"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, without limitation, 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).
"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent (50%) between January 1, 2022, and December 31, 2024, and seventy five percent (75%) 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 a city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR section 18982(a)(35).
"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (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 venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (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 (1) 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 or county regulations related to solid waste, or as otherwise defined in 14 CCR section 18982(a)(40).
"Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"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).
"Nonlocal entity" means the following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 CCR section 18982(a)(42):
1. Special district(s) located within the boundaries of the city.
2. Federal facilities, including, without limitation, military installations, located within the boundaries of the city.
3. Prison(s) located within the boundaries of the city, excepting that private prisons are considered commercial businesses and do not fall within this definition.
4. Facilities operated by the state park system located within the boundaries of the city.
5. Public universities (including community colleges) located within the boundaries of the city.
6. County fairgrounds located within the boundaries of the city.
7. State agencies located within the boundaries of the city.
"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).
"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.
"Organic waste" means solid wastes containing material originated 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).
"Organic waste generator" or "generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR section 18982(a)(48).
"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).
"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).
"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 and/or source separated green container organic wastes to be placed in city’s green container and/or blue container; and (4) excluded waste placed in any container.
"Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR section 18982(a)(60).
"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).
"Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR section 18982(a)(61).
"Regional agency" means regional agency as defined in Public Resources Code section 40181.
"Remote monitoring" means the implementation and use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR section 18982(a)(62).
"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).
"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 of 2016 approved by the Governor on September 19, 2016, which added sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with section 42652) to part 3 of division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 regulations" or "SB 1383 regulatory" means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR division 7, chapter 12 and amended portions of regulations of 14 and 27 CCR.
"Self-hauler" means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person or site. 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 (5) units.
"Solid waste" has the same meaning as defined in state Public Resources Code section 40191, which defines solid waste as 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 semi-solid 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.
"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 other solid waste/mixed waste for the purposes of collection and processing.
"Source separated blue container organic waste" means source separated organic waste that can be placed in a blue container that (1) is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR section 18982(a)(43), or as otherwise defined by section 17402(a)(18.7), and (2) excludes any other organic waste that an organics waste facility may reject to maintain any organics-related composting certifications including but not limited to organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.
"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, excluding source separated blue container organic waste; noncompostable paper; paper products; printing and writing paper; and any other organic waste that an organics waste facility may reject to maintain any organics-related composting certifications including but not limited to organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.
"Source separated recyclable materials" means source separated nonorganic recyclables and source separated blue container organic waste.
"State" means the state of California.
"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), 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 (1) of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
If the definition in 14 CCR section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR section 18982(a)(73) shall apply to this chapter.
"Tier two commercial edible food generator" means a commercial edible food generator that is one (1) of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2. Hotel with an on-site food facility and two hundred (200) or more rooms.
3. Health facility with an on-site food facility and one hundred (100) or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR section 18982(a)(74) shall apply to this chapter.
"Uncontainerized green waste and yard waste collection service" or "uncontainerized 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 18982(a)(76).
"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR section 18982(a)(76). (Ord. 2021-129, 1-18-2022)
5.30.040 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS:
Organic waste generators shall subscribe to a three (3) container collection service which includes a blue container, green container and gray container, and shall comply with the following requirements:
A. Shall subscribe to city’s organic waste collection services for all organic waste generated 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; single-family generators shall adjust their service level for their collection services as requested by the city or its designee. Nothing in this section prohibits an organic waste generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR section 18984.9(c).
B. Shall participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
1. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
C. Any materials self-hauled must be hauled to facilities permitted to accept source separated green container organic waste (including food waste), source separated recyclable materials, and gray container waste. Nothing in this subsection shall relieve self-haulers that generate waste from subscribing to a three (3) container collection service. (Ord. 2021-129, 1-18-2022)
5.30.050 REQUIREMENTS FOR COMMERCIAL BUSINESSES:
Generators that are commercial businesses, including multi-family residential dwellings, shall:
A. Subscribe to city’s three (3) container collection services and comply with requirements of those services as described below 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 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; commercial businesses shall adjust their service level for their collection services as requested by the city or its designee.
B. Participants in the city’s organic waste collection service(s) shall place designated materials in designated containers as described below.
1. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.
2. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections B3a and b of this section) for employees, contractors, tenants, and customers, consistent with city’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program.
3. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container 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.
4. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection B3b of this section pursuant to 14 CCR section 18984.9(b).
5. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s blue container, green container, and gray container collection service or, if a self-hauler, per the commercial business’s instructions to support its compliance with its self-haul program.
6. Excluding multi-family residential dwellings, semi-annually inspect blue containers, 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).
7. 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 and source separated recyclable materials.
8. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
9. Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with section 5.30.130 to confirm compliance with the requirements of this chapter.
10. Accommodate and cooperate with city’s remote monitoring program (if any) for inspection of the contents of containers for prohibited container contaminants, which may be implemented by city at a later date, to evaluate generator’s compliance with this subsection B. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
11. At commercial business’s option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the city.
12. If a commercial business wants to self-haul, meet the self-hauler requirements in section 5.30.100 or as otherwise specified in the Gonzales City Code.
13. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR section 18984.9(c).
14. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 5.30.070. (Ord. 2021-129, 1-18-2022)
5.30.060 WAIVERS FOR GENERATORS:
A. De Minimis Waivers: City may waive a commercial business’s obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection A2 of this section. Commercial businesses requesting a de minimis waiver shall:
1. The property owner, business operator, or waste hauler shall submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection A2 of this section.
2. Provide documentation that either:
a. The commercial business’s total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business’s total waste; or
b. The commercial business’s total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business’s total waste.
3. Notify city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five (5) 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 multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of section 5.30.050. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an exemption request form to the hauler, who shall provide the same to the city, 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 blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to hauler, who shall provide the same to the city, specifying that it is still eligible for physical space waiver every five (5) years, if city has approved application for a physical space waiver. (Ord. 2021-129, 1-18-2022)
5.30.070 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 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:
(1) The name, address and contact information of the food recovery service or food recovery organization.
(2) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(3) The established frequency that food will be collected or self-hauled.
(4) 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. 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, every July 1, to the city that includes the records listed in subsection C5c 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. 2021-129, 1-18-2022)
5.30.080 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 (1) 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 July 1 of each year.
E. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter time frame is otherwise specified by the city. (Ord. 2021-129, 1-18-2022)
5.30.090 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS:
A. Exclusive franchised hauler(s) providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements as a condition of approval of a contract, agreement, or similar contractual authorization with the city to collect organic waste:
1. Through written notice to the city annually on or before July 1, 2022, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste.
2. Transport 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. Notwithstanding the foregoing, hauler shall not be required to transport any containers with prohibited container contaminants to a facility, operation, activity, or property that recovers organic waste.
3. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR section 18989.1, and section 5.30.100.
4. Exclusive franchised hauler(s) authorization to collect organic waste shall comply with any education, equipment, signage, container labeling, container color, contamination, monitoring, and reporting requirements relating to the collection of organic waste contained within its franchise agreement.
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 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 sixty (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 sixty (60) days. (Ord. 2021-129, 1-18-2022)
5.30.100 SELF-HAULER REQUIREMENTS:
A. Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) 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 as specified in 14 CCR section 18984.3.
B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container 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.
C. Self-haulers that are commercial businesses (including multi-family 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. A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsection C of this section.
E. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in section C of this section to the city if requested and within ten (10) days of such request.
F. Nothing in this section shall relieve self-haulers from the requirement to subscribe and receive regular three (3) container services. (Ord. 2021-129, 1-18-2022)
5.30.110 WATER EFFICIENT LANDSCAPING REQUIREMENTS:
A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, are required to comply, unless otherwise noted, with requirements set forth in chapter 10.24, Water Efficient Landscape Design Requirements. Chapter 10.24 is based on the state model water efficient landscape ordinance (MWELO), 23 CCR division 2, chapter 2.7.
B. All compost and mulch use requirements that are part of the MWELO, as set forth below in subsection B1 of this section, are now included as requirements of this code and chapter.
C. Property owners or their building or landscape designers that meet the threshold for compliance with compost and mulch requirements set forth in subsections A and B of this section shall:
1. Comply with sections 492.6 (a)(3)(B), (C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six inches (6") into the soil. Soils with greater than six percent (6%) organic matter in the top six inches (6") of soil are exempt from adding compost and tilling.
b. For landscape installations, a minimum three-inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2. The compliance items listed in this section are not an inclusive list of requirements set forth in chapter 10.24 or the MWELO; therefore, property owners or their building or landscape designers that meet the threshold for compliance outlined in subsection A of this section shall consult chapter 10.24 and the MWELO for all requirements. Where a conflict exists between the provisions of chapter 10.24 and the current edition of the MWELO, the more stringent of the provisions shall be enforced.
D. If, after the adoption of the ordinance codified in this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR division 2, chapter 2.7, sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section or chapter 10.24, the revised requirements of 23 CCR division 2, chapter 2.7 shall be enforced. (Ord. 2021-129, 1-18-2022)
5.30.120 PROCUREMENT REQUIREMENTS FOR CITY DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS:
A. City departments, and direct service providers to the city, as applicable, must comply with the city’s recovered organic waste product procurement policy and recycled-content paper procurement policy.
B. All vendors providing paper products and printing and writing paper to the city shall:
1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent (30%), by fiber weight, post-consumer fiber instead of nonrecycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than nonrecycled items.
2. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) section 260.12.
3. Certify in writing, under penalty of perjury, the minimum percentage of post-consumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of post-consumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) section 260.12 (2013).
5. Provide records to the city in accordance with the city’s recycle-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty (30) days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections B3 and B4 of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled-content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided. (Ord. 2021-129, 1-18-2022)
5.30.130 INSPECTIONS AND INVESTIGATIONS:
A. City representatives and/or designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-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 section 5.30.050B, 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 section 5.30.050B10.
B. Organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-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’s employee or its 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; (2) installation and operation of remote monitoring equipment; or (3) 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, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code section 6250 et seq.
D. City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations of organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations 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. (Ord. 2021-129, 1-18-2022)
5.30.140 ENFORCEMENT:
A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter include, but are not limited to, issuance of an administrative citation and assessment of a fine. In addition to the procedures in this section, the city may enforce this chapter consistent with the procedures in any adopted "administrative citation process" policy or citation process codified in this code.
B. Other remedies allowed by law may be used for enforcement, including, but not limited to, civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. 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.
C. Responsible Entity For Enforcement:
1. Enforcement pursuant to this chapter may be undertaken by the city enforcement official, which may be the city manager or his/her designated entity, legal counsel, or combination thereof.
a. The city enforcement official(s) or designee will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met.
b. The city enforcement official(s) or designee may issue notices of violation(s).
D. Process For Enforcement:
1. City enforcement official(s) or designee, will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program that may include remote monitoring. Section 5.30.130 establishes city’s right to conduct inspections and investigations.
2. City may issue an official notification to notify regulated entities of its obligations under this chapter.
3. Contamination Prevention:
a. Notwithstanding any agreement with a hauler collecting prohibited container contaminants, which shall continue to apply, for incidences of prohibited container contaminants found by city in containers, city may issue a notice of contamination 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 two (2) days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than three (3) occasion(s) every calendar year starting January 1, the city may assess an administrative fine or penalty on the generator in accordance with subsection E of this section.
b. For incidences of prohibited container contaminants found by a hauler in containers, hauler will issue a notice of contamination 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 two (2) days after determining that a violation has occurred. If a hauler observes prohibited container contaminants in a generator’s containers on more than three (3) occasion(s) every calendar year starting January 1, the hauler shall have the right to assess a contamination service charge on the generator to cover the additional costs of processing contaminated containers per the current franchise hauler rate schedule. The foregoing contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a contamination service charge shall be adjudicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the hauler and the city to collect organic waste.
4. With the exception of violations of generator contamination of container contents addressed under subsection D3 of this section, city shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, in accordance with the list of violations set forth in subsection J of this section.
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
E. Penalty Amounts For Types Of Violations: The penalty levels for city-issued notices of violation shall be as follows:
1. Commercial Business:
a. For a first violation, the amount of the base penalty shall be one hundred dollars ($100.00) per violation.
b. For a second violation, the amount of the base penalty shall be two hundred dollars ($200.00) per violation.
c. For a third or subsequent violation, the amount of the base penalty shall be five hundred dollars ($500.00) per violation.
2. Single-Family:
a. For a first violation, the amount of the base penalty shall be fifty dollars ($50.00) per violation.
b. For a second violation, the amount of the base penalty shall be one hundred dollars ($100.00) per violation.
c. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty ($250.00) 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 subsection F 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: Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeals procedure set forth in city policy or code.
H. Education Period For Noncompliance: Beginning January 1, 2022, and through December 31, 2023, city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if city determines that organic waste generator, hauler, self-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 by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
I. Civil Penalties For Noncompliance: Beginning January 1, 2024, if the city determines that an organic waste generator, hauler, self-hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed. The foregoing shall not apply to violations arising from incidences where a hauler discovers prohibited container contaminants found in containers.
J. Enforcement Table – Nonexclusive List Of Violations:
|
REQUIREMENT |
DESCRIPTION OF VIOLATION |
|---|---|
|
Commercial Business and Commercial Business Owner Responsibility Requirement Section 5.30.050 |
Commercial business fails to provide or arrange for organic waste collection services consistent with city requirements and as outlined in this chapter, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color. |
|
Organic Waste Generator Requirement |
Organic waste generator fails to comply with requirements adopted pursuant to this chapter for the collection and recovery of organic waste. |
|
Hauler Requirement Section 5.30.090 |
A hauler providing residential, commercial or industrial organic waste collection service fails to transport organic waste to a facility, operation, activity, or property that recovers organic waste, as prescribed by this chapter. |
|
Hauler Requirement Section 5.30.090 |
A hauler providing residential, commercial, or industrial organic waste collection service fails to obtain applicable approval issued by the city to haul organic waste as prescribed by this chapter. |
|
Hauler Requirement Section 5.30.090 |
A hauler fails to keep a record of the applicable documentation of its approval by the city, as prescribed by this chapter. |
|
Self-Hauler Requirement Section 5.30.100 |
A generator who is a self-hauler fails to comply with the requirements of 14 CCR section 18988.3(b). |
|
Commercial Edible Food Generator Requirement Section 5.30.070 |
Tier one commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing Jan. 1, 2022. |
|
Commercial Edible Food Generator Requirement Section 5.30.070 |
Tier two commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing Jan. 1, 2024. |
|
Commercial Edible Food Generator Requirement Section 5.30.070 |
Tier one or tier two commercial edible food generator intentionally spoils edible food that is capable of being recovered by a food recovery organization or food recovery service. |
|
Organic Waste Generator, Commercial Business Owner, Commercial Edible Food Generator, Food Recovery Organization Or Food Recovery Service |
Failure to provide or arrange for access to an entity’s premises for any inspection or investigation. |
|
Recordkeeping Requirements For Commercial Edible Food Generator Section 5.30.070 |
Tier one or tier two commercial edible food generator fails to keep records, as prescribed by section 5.30.070. |
|
Recordkeeping Requirements For Food Recovery Services And Food Recovery Organizations Section 5.30.080 |
A food recovery organization or food recovery service that has established a contract or written agreement to collect or receive edible food directly from a commercial edible food generator pursuant to 14 CCR section 18991.3(b) fails to keep records, as prescribed by section 5.30.080. |
(Ord. 2021-129, 1-18-2022)
5.30.150 COORDINATION AND INTERPRETATION IN CONJUNCTION WITH RELATED SOLID WASTE ORDINANCES:
In interpreting this chapter in conjunction with the city’s solid waste regulations (see generally title 5 entitled "Public Health and Safety"), in the event of any conflict between this chapter and title 5 that cannot be reasonably harmonized through the application of lawful principles of statutory construction, the provisions of this chapter shall control with respect to all issues specific to the regulation of organic and food waste collection, disposal, enforcement and penalties. (Ord. 2021-129, 1-18-2022)