Chapter 2

Chapter 2. Mandatory Garbage/Solid Waste Disposal/SB 1383 Mandatory Organics Collection

Sec. 5-2.01 Definitions.

For the purpose of this Chapter, certain words are defined as follows:

“Act” means the California Integrated Waste Management Act of 1989 (sometimes referred to as “AB 939”), Public Resources Code Section 40000 and following as it may be amended, including but not limited to AB 341, AB 1826, SB 1016, and SB 1383, including implementing regulations adopted by CalRecycle.

“CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the State agency charged with responsibility for developing, implementing, and enforcing the provisions of SB 1383.

“City” means the City of Hercules, the City Manager of Hercules, or their designee.

“Collector” means the person having a contract or franchise agreement with the City of Hercules for the collection and disposal of solid waste.

“Commercial” means where business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted within dwelling units which are permitted under applicable zoning regulations and are not the primary use of the property.

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

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined 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).

“Compost” means the product resulting from the controlled biological decomposition of organic wastes, in which wastes are source separated from municipal solid waste or are separated at a centralized facility. Compost includes the product resulting from the controlled biological decomposition of green waste.

“Compostable” means materials that can be broken down or decomposed under specific natural conditions or human-driven circumstances.

“Composting” means the controlled microbial degradation of organic wastes yielding a safe and nuisance-free product.

“Designee” means a person or entity that the City Manager or Public Works Director designates, contracts with, or otherwise arranges to carry out any of the City’s responsibilities of this Chapter authorized in 14 CCR Section 18981.2. A designee may be a government employee or entity, a private entity, a franchised collector, 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, as codified in the Health and Safety Code Section 113700 et seq.

“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.

“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.

“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-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, uncoated paper plates, uncoated paper cups, napkins, paper towels, and pizza boxes.

“Food waste” means food scraps, food-soiled paper.

“Garbage” means those elements of the solid waste stream designated for the garbage container, and excludes hazardous waste, excluded waste, organic waste, and recyclable materials or materials which have been separated for reuse.

“Green waste” means recyclables that are plant wastes. The term “green waste” includes but is not limited to tree, shrub, or bush trimmings, grass cuttings, yard clippings, plants, wood, leaves, branches, tree pieces, and putrescible solid and semisolid material including kitchen or table food wastes and animal and vegetable wastes.

“Multifamily premises” means a complex of dwelling units consisting of five (5) units or more used for residential purposes. For purposes of SB 1383 compliance, a “multi-family premises” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

“Organic waste” means waste containing material originating from living organisms and their metabolic waste products, and may include but is not limited to food, green material, landscape and pruning waste, untreated/unpainted lumber and wood, food soiled paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Organic waste does not include compostable plastics.

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

“Owner” means the person who is listed as having title to property by the latest property tax assessment rolls maintained by the Contra Costa County Assessor.

“Person” means any corporation, association, syndicate, joint stock company, partnership, club, society, individual or public entity.

“Premises” means any real property interest or estate which may be demised or granted by deed. The word “premises” includes tracts, lots or parcels, single-family residences, townhouses, condominiums, multifamily dwellings, apartments, flats, duplexes, boarding or lodging homes, restaurants, hotels or motels, commercial establishments or any parcel of land upon which a building or business is located.

“Recyclable materials” means and includes all waste materials which may be commercially reprocessed for beneficial use which are disposed of for recycling purposes as designated by the City. These may include, but are not limited to, plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper-based materials, glass, printing and writing paper, and cardboard.

“Recycling center” means a location in the City of Hercules whereby community residents may deliver recyclable materials for reclamation.

“Self-hauler” means a generator that collects organic waste at their premises or place of business and transports their own solid waste by hauling those materials in their own vehicles and using their own employees to load and deliver the loads in compliance with the applicable requirements of this Chapter. “Self-hauler” does not include any hauling arrangement by which the commercial business or multifamily residential dwelling pays any compensation to a third party for such hauling, including any transaction or arrangement involving discounted fees for services. “Self-hauler” also includes a person or entity 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 189881(a)(66)(A).

“Single-family” means of, from, or pertaining to any residential premises with fewer than five (5) units for the purposes of implementing this Chapter.

“Solid waste” has the same meaning as defined in 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 semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the 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 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 Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in 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 Public Resources Code.

“Tier one commercial edible food generator” means a commercial edible food generator that is one (1) of the following:

(1) Supermarket with gross annual sales of two million dollars ($2,000,000) or more.

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

(3) Food service provider as defined in 14 CCR 18982(a)(27).

(4) Food distributor.

(5) Wholesale food vendor.

“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. Large 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. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.02 Keeping of Solid Waste Prohibited.

It shall be unlawful for any person to place, deposit, keep, bury or allow the accumulation of any solid waste on, in, or under any premises for a period in excess of seven (7) days, except recyclable materials may be retained for reclamation purposes so long as said materials are not a health or safety hazard. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.03 Depositing Solid Waste in Sewers.

It shall be unlawful for any person to deposit any solid waste in any City sewer or plumbing fixture or pipe connected thereto, except through a mechanical device which shreds or grinds solid waste material. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.04 Placing Solid Waste on Streets or Sidewalks.

It shall be unlawful for any person to throw, place, scatter or deposit or cause to be thrown, placed, scattered, or deposited upon any street, sidewalk, alley or public place in the City, any solid waste, except that a property owner or person in possession or control of the property may place properly packaged materials at the curb for scheduled removal of the same. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.05 Burning of Solid Waste.

It shall be unlawful for any person to burn any solid waste within the City, except as authorized by the City Manager. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.06 Receptacles Required.

It shall be the duty of every owner of every premises to maintain receptacles for receiving and holding all the solid waste produced, created or accumulated upon said premises between the times for the collection of the solid waste, and to deposit all such solid waste therein. In the case of owners of single or multiple residential dwelling premises, excepting owners whose multiple residential dwelling premises are served by disposal boxes and not individual receptacles for each residential unit, such receptacles shall be provided by the collector. All such receptacles shall be kept in sanitary condition at all times and shall not be placed within the limits of any street or any public place in the City. (Ord. 535 § 3, 2021; Ord. 347 § 1 (part), 1998: Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.07 Solid Waste Collection Service Required.

It shall be the duty of every owner of each and every premises in the City to subscribe to and pay for the solid waste collection service described herein if said premises is occupied. Where garbage receptacles are to be used in common, for example, in a multifamily residential or commercial complex, the owner, or authorized agent of the owner in control of said premises, shall subscribe to and pay for solid waste collection service and shall provide a suitable number of garbage, organics and recyclable receptacles to receive and hold, without overflowing, all solid wastes produced, created, or accumulated. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.08 Failure to Subscribe.

(a) Any person failing to subscribe for the collection and disposal of garbage, recyclable material, and organic waste as required by this Chapter shall be guilty of an infraction and subject to the penalties as set forth in Section 1-4.01.

(b) The owner of each premises shall subscribe to garbage, recyclable materials, and organic waste disposal services within seven (7) days of the occupancy of the premises. If the owner fails to start service, the collector shall give the owner written notification that such service is required. If service is not initiated within fifteen (15) days from the date of mailing of the notice, then the collector shall initiate and continue service for the owner, unless an owner, in writing, can substantiate to the collector that a common-use receptacle in a multi-unit complex is available and there is a subscription for collection of the solid waste. (Ord. 535 § 3, 2021)

Sec. 5-2.08.1. Specific Waivers for Commercial Business and Multifamily Generators Regarding Organic Wastes.

(a) De Minimis Waste Volume and Inadequate On-Site Space Exemptions. The City or its designee may waive a commercial business or multifamily complex obligation to comply with some or all of the organic waste collection service requirements of this Chapter if the commercial business or multifamily complex provides documentation demonstrating that the business/complex generates below a designated amount of organic waste material as described in subsection (b) of this Section and/or lacks adequate on-site space to accommodate the required material storage containers.

(b) A commercial business or multifamily generator requesting exemption from the requirements of this Chapter due to de minimis waste volume or inadequate on-site space shall:

(1) Submit an application specifying the service or requirements for which it is requesting an exemption; and

(2) Provide documentation that either:

A. The total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection comprises less than twenty (20) gallons per week per applicable container of the business’s total waste; or

B. The total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection comprises less than ten (10) gallons per week per applicable container of the business’s total waste; or

C. The premises lack adequate space on site for the required containers.

(3) Notify the City or its designee if circumstances change such that the commercial business’s or multifamily generator’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 to the City or designee every two (2) years, if the City or its designee has approved de minimis waiver. (Ord. 535 § 3, 2021)

Sec. 5-2.09 Collector Entitled to Payment.

The collector shall be entitled to payment from the owner for any collection services rendered by the collector. Any fees which remain unpaid for collection services for a period of five (5) months or more after the date upon which said services were billed, or sixty (60) days or more after notification by the owner to stop services because the premises are being vacated, may be collected thereafter by the City as provided herein.

(a) Once a year, or more often as the Council deems appropriate, the City Council shall cause to be prepared a report of delinquent accounts. Information concerning delinquent accounts shall be provided by the collector. The information shall include evidence that the collector has mailed the owner a final request for payment for the amounts owed, which may include the month during which the notice was mailed, and a warning notice to pay the collection charges within thirty (30) days or they will be turned over to the City for the commencement of lien proceedings for the amount of such delinquent fees, plus reasonable administrative charges.

(b) In addition to the information as set forth in subsection (a) of this Section, the report shall include the parcel number of the real property, the name or names of the owner of the real property for which the service was provided on the most recent property assessment rolls of the County Assessor, the address of the property served, the period of service, and the amounts due including reasonable administrative charges, which administrative charges shall be as determined by the Director of Finance. The City Council shall fix a time, date and place for hearing the report, and any objections or protests thereto, as soon as is practicable after receipt of said report.

(c) The City Council shall cause notice of the hearing to be mailed to the owners listed on the report not less than ten (10) days prior to the date of the hearing.

(d) At the hearing the City Council shall hear any objections or protests of owners liable to be assessed for delinquent fees and administrative charges. The City Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(e) The delinquent fees and charges set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees and charges. A certified copy of the confirmed report shall thereafter be filed with the County Auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the County Recorder of the County of Contra Costa, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date in which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this Section shall not attach to such real property and the delinquent fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.

The collector may charge the City, at the established collection rates, for those owners who are delinquent. Said charges shall cover the period during which the collector provided collection and disposal services for the delinquent owner. The City shall not become liable to pay such charges until the charges have been assessed against the owner and the County has disbursed funds covering said charges. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.10 Unauthorized Collection Prohibited.

The collection, removal, and disposal of solid waste may be performed by the City, or by any person with whom the City has entered into a contract or franchise agreement for the collection, removal, and disposal thereof, except that residents may dispose of recyclable materials at the recycling center for reclamation. It is hereby declared unlawful to remove, convey, or cause to be removed or conveyed any solid waste, including recyclable materials, upon or along any street or alley or any other public place in the City except in conveyances, containers, bins or receptacles that will not permit any waste material to sift or leak through, or fall upon City streets, alleys, highways or waterways. Solid waste conveyed in other than a container or receptacle with a close-fitting lid, or conveyed in containers in accordance with approved methods by State or Federal law, shall be protected with covers to prevent the solid waste from being blown or spilled onto the streets, alleys, highways, waterways, or adjacent lands. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.11 Inspection of Refuse Collection Vehicles.

The City Council shall designate a person whose duty it shall be to inspect all vehicles used in the collection and disposal of solid waste and see that the same are kept clean and sanitary, and also all places where solid waste are deposited, and to see that all provisions of this Chapter and all health laws of the City of Hercules are faithfully complied with, and, as feasible, that the applicable laws of the State of California and of the Federal government are complied with. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.12 Contracts for Solid Waste Collection.

(a) The City Council may enter into a contract or franchise agreement with any person(s) for the collection of solid waste. Such contract or franchise agreement may be revoked by the City Council for noncompliance with the provisions of said contract or franchise agreement or for violation of the provisions of this Chapter or any pertinent Federal, State or local law.

(b) The rates to be charged for solid waste collection and disposal service shall be as established from time to time by resolution of the City Council. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.13 Interference with Collection Prohibited.

It shall be unlawful for any person in any manner to interfere with the collection, removal, or disposal of solid waste by the authorized collector. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.14 Nuisance Abatement Required.

No person, firm or corporation shall have or permit upon any premises owned, occupied or controlled by him, any nuisance detrimental to health, or any accumulation of filth, garbage or decaying material, animal or vegetable matter, or any animal or human excrement, and it shall be the duty of the City or its designee to cause any such person, firm or corporation to be notified to abolish and abate such nuisance and remove said matter. In case said person, firm or corporation shall fail, neglect or refuse to remove the same within one (1) day after receiving such notice, such nuisance may be abolished and abated, and such matter removed under and by order of the City or its designee, and the person, firm or corporation whose duty is to abolish or abate said nuisance, or remove said matter, in addition to incurring the penalties in this Chapter provided, shall become indebted to the City for any sum expended by the City for the removal of said matter. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.15 Rate and Receptacle Disputes.

In all cases where disputes arise as to the rate charged or to be charged for any service provided in these provisions, or the number or kind of receptacle(s) to be used, the matter shall be referred to the Director of Finance in the City of Hercules and the Director of Finance shall, upon due investigation, determine and fix such rate and receptacle requirement as he may deem just and equitable. The determination of the Director of Finance shall be final. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.16 Exceptions.

Nothing in this Chapter shall be deemed to prohibit any of the following:

(a) The keeping and use of solid wastes in the operation of a compost facility which has been approved by the City Council;

(b) The burying of garbage at a solid waste disposal facility;

(c) The placing, depositing, keeping, and disposal of recyclable materials at a recycling center which has been approved by the City Council;

(d) Waste-to-energy recycling which has been approved by the City Council. (Ord. 535 § 3, 2021; Ord. 239 Div. 1 (part), 1986)

Sec. 5-2.16.1. SB 1383 Organic Waste Self-Hauler Requirements.

The following provisions shall apply:

(a) Self-haulers shall source separate recyclable materials and organic waste (materials that the City otherwise requires generators to separate for collection in the City’s organics collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.

(b) Self-haulers shall haul their source separated recyclable materials to an authorized facility that recovers those materials, haul their source separated organic waste to a compost processing facility, operation, activity, or property that is authorized to process or recover source separated organic waste, and haul their garbage to a fully permitted solid waste facility.

(c) Self-haulers that are commercial businesses or multifamily complexes 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 for a minimum of five (5) years; 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 organic waste.

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

(d) If the material is transported to a facility 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 detailed record of the entities that received the organic waste.

(e) Self-haulers may only collect recyclable materials and organic waste at their premises or place of business for hauling those materials in their own vehicles using their own employees in compliance with the applicable requirements of this Chapter. Self-hauler does not include any contract, payment for services or hauling arrangement by which the commercial business or multifamily residential dwelling pays any compensation to a third party for such hauling, including any transaction or arrangement involving discounted fees for services.

(f) Nothing herein is intended to abrogate or alter rights granted to the City’s franchised collector under the City’s collection franchise agreement. (Ord. 535 § 3, 2021)

Sec. 5-2.17 Mandatory Organic Waste Reduction for Single-Family, Commercial Businesses and Multifamily Residences.

Single-family, commercial businesses and multifamily organic waste generators subject to the requirements of the Act shall fully comply with all applicable SB 1383 regulatory requirements or be subject to enforcement action as specified in the Act, as determined by the City Manager and/or his or her designee as follows:

(a) Participate in the collection services provided by the City’s collector(s), by placing designated materials in designated containers. Generators shall place organic waste, including food waste, in the organics container; recyclable materials in the recycling container; and garbage in the garbage container. Generators shall not place materials designated for the garbage container in the organics container or the recycling container.

(b) Except single-family, commercial businesses and multifamily complexes that meet the self- hauler requirements in Section 5-2.16.1 or the waiver requirements in Section 5-2.08.1, organic waste generators (including single-family and commercial generators) subject to the requirements of SB 1383 shall subscribe to the City franchisee’s collection service for all organic waste generated, as described above. The City or its contractor 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.

(c) Except commercial businesses and multifamily complexes that meet the self-hauler requirements of this Chapter or the waiver requirements in Section 5-2.08.1, organic waste generators subject to the requirements of SB 1383 shall participate in the City’s organic waste collection service by placing designated materials in designated containers as described in subsection (a) of this Section and shall not place contaminants in collection containers. Generators shall place source separated materials in the appropriate container.

(d) Organic waste generators subject to the requirements of SB 1383 shall supply and allow access to adequate number, size and location of collection containers.

(e) Excluding multifamily complexes, 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 commercial 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.

(f) Excluding multifamily complexes, to the extent practical through education, training, inspection, and/or other measures, commercial businesses shall prohibit employees from placing materials in a container not designated for those materials.

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

(h) Commercial business and multifamily organic waste generators subject to the requirements of SB 1383 shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements.

(i) It is the duty of every owner of any premises in the City who is provided or whose tenants are provided a receptacle(s) by the collector in accordance with Section 5-2.06 to place the receptacle(s) on the curb immediately in front of the premises on the regularly scheduled collection days established by the City or the collector for the collection of solid waste. The only exception to this requirement is when the owner or the tenant of the owner of the premises has reached an agreement with the collector for an alternative collection method which would relieve the owner or his/her tenant from the obligation of placing the receptacle at the curb.

(j) The collector shall make appropriate alternative collection arrangements with physically challenged owners or physically challenged tenants. Therefore, any handicapped, senior citizen, or any other person who because of a physical ailment might reasonably not be able to comply with the current requirements may, upon request, negotiate appropriate collection arrangements.

(k) Every owner of any premises shall allow the City or its designee access to the premises and access to review records pursuant to 14 CCR Section 18991.4. (Ord. 535 § 3, 2021)

Sec. 5-2.18 Requirements for Commercial Edible Food Generators.

(a) Tier one commercial edible food generators must comply with the requirements set forth in subsection (c) of this Section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR 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.

(1) Arrange to recover for human consumption the maximum amount of edible food (excluding table service food scraps) that would otherwise be disposed of.

(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) Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) 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 food recovery 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 and written agreements established under 14 CCR Section 18991.3(b) and/or this Chapter.

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.

(5) Allow the City or its designee access to the premises and access to review records pursuant to 14 CCR Section 18991.4. (Ord. 535 § 3, 2021)

Sec. 5-2.20 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 that have their primary address physically located within 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 or its designee no later than January 31st of each year 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).

(d) Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the City shall provide, upon request, information and consultation to the City or its designee regarding existing, or proposed new or expanded, food recovery capacity that could be accessed within the City. (Ord. 535 § 3, 2021)

Sec. 5-2.21 Enforcement.

(a) Violation of any provision of this Chapter shall constitute an infraction and be subject to enforcement pursuant to Chapter 1-4.

(b) Violation of any provision of this Chapter may be enforced through an administrative citation as set forth in Chapter 1-4.

(d) Any section of this Chapter may be enforced by the City or, if agreed to, by another Enforcement Officer designated by the City Manager.

(e) In addition to the remedies set forth above, the City may pursue civil actions in the California courts to enforce this Chapter and seek costs, fines and penalties.

(f) Specific penalty levels are described below.

(1) For a first violation, the amount of the base penalty shall be one hundred dollars ($100.00) per violation.

(2) For a second violation, the amount of the base penalty shall be two hundred dollars ($200.00) per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be five hundred dollars ($500.00) per violation.

(g) Beginning January 1, 2024, if the City or its designee determines that an organic waste generator, self-hauler, tier one or tier two commercial edible food generator, food recovery organization or food recovery service is not in compliance with the mandatory organics waste reduction provisions of SB 1383 or this Chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action, as needed.

(h) Beginning January 1, 2022, and through December 31, 2023, if the City or its designee determines that organic waste generator, 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) The City or its designee may extend the compliance deadlines set forth in a notice of violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1) Acts of God, earthquakes, wildfires, flooding, epidemics, pandemics and other emergencies or natural disasters.

(2) Governmental actions or restrictions, including quarantines, emergency orders, shelter-in-place orders, rationing orders.

(3) Delays in obtaining discretionary permits or other government agency approvals; or

(4) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (Ord. 535 § 3, 2021)