Chapter 4.3

Chapter 4.3 Solid Waste (Integrated Waste Management Ordinance)

4.3.10 Purpose of this Chapter

This Chapter is the La Habra Heights Integrated Waste Management Ordinance. The purpose of this Chapter is to establish regulations for the collection, transportation, disposal and recycling of solid waste generated within the City. This Chapter is enacted in accordance with and to ensure that the City is able to meet its obligations under the California Integrated Waste Management Act of 1989 and any amendments thereto. (Ord. 2013-03 § 1)

4.3.15 Definitions

"Animal waste" includes feces, manure, urine, or any natural biological excrement from livestock. Animal waste is included within solid waste as defined in this Section.

"Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

"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).

"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 on the City (and others).

"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit or as otherwise defined in 14 CCR Section 18982(a)(6).

"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 Section, 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).

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

"C&D" means construction and demolition debris.

"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.

"Enforcement official" means a City enforcement official, designated by the City with responsibility for enforcing this Chapter.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City’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 solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

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

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

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

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

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

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

A food recovery organization is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

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

"Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste" means food scraps, food-soiled paper, and compostable plastics.

"Franchisee" means a person franchised by the City to regularly collect solid waste, green waste and recyclable materials from a property owner’s or occupant’s premises.

"Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

"Gray container waste" means solid waste that is collected in a gray container that is part of a three (3) 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.

"Green waste" means food scraps, yard trimmings, and other organic matter capable of being composted. Food scraps include discarded organic materials that will decompose or putrefy, including kitchen and table food waste, and animal or vegetable scraps resulting from the storage, preparation, cooking or handling of food. Yard trimmings may include grass, weeds, prunings, dead plants, brush, and dead trees. Green waste does not include animal waste as defined in this Section.

"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

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

"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).

"Multifamily residential dwelling" or "multifamily" 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 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" 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).

"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 Jurisdiction’s green container and/or blue container; and (4) excluded waste placed in any container.

"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).

"Recyclable materials" means residential or commercial source separated by-products of some potential economic value, set aside, handled, packaged, or offered for collection in a manner different from regular solid waste. Recyclable materials shall include, but not be limited to: cardboard, paper, plastic, scrap metal, and beverage containers. Recyclable materials may also include materials designated as such in the rules and regulations established by the franchisee.

"Recycling collection facility" means a business or operation lawfully established for collection of recyclable materials.

"Remote monitoring" means the 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.

"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).

"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" means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Single-family" means of, from, or pertaining to a residential premises with one (1) unit.

"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 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 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 mixed waste or other solid waste for the purposes of collection and processing.

"Source separated blue container organic waste" means source separated organic wastes that can be placed in a blue container that 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 14 CCR Section 17402(a)(18.7).

"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, carpets, noncompostable paper, and textiles.

"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 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 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.

"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. 2022-02 § 3; Ord. 2013-03 § 1)

4.3.20 Requirements and Regulations Governing Solid Waste

All owners and occupants of real property in the City are liable for the solid waste, animal waste, green waste and recyclable materials collection charges established by the haulers and contractors operating under the authority of the City Council for the collection, removal and disposal of solid waste, animal waste, green waste and recyclable materials. The following requirements govern the disposal and removal of such waste:

A. Discarding of Solid Waste, Green Waste and Recyclable Materials. No person shall illegally dispose of any solid waste, animal waste, green waste or recyclable materials on private or public property or upon any street, public right-of-way or open space. This section does not prohibit the placement of solid waste, animal waste, green waste or recyclable materials in approved containers or receptacles for collection or composting in accordance with this Chapter.

B. Residential Waste Collection. The City Council shall authorize, permit, regulate and control the regularly scheduled collection, removal and disposal of all solid waste, animal waste, green waste and recyclable materials generated at all residential premises. Each owner or occupant shall utilize the services of the City-approved contractor(s) for the regularly scheduled collection of solid waste, animal waste, green waste and recyclable materials from the owner’s or occupant’s premises at least once per week. The owner or occupant shall be responsible for the payment of fees for such services as established by the contractor, including any user fees established by the City Council.

C. Unauthorized Hauling Prohibited. Except as otherwise herein provided, it shall be unlawful for any person other than the franchisee or the City to gather, collect, or remove any garbage or rubbish from any premises within the City. Except as otherwise herein provided, it shall be unlawful for any person not having a valid permit from the City of La Habra Heights to remove, or cause to be removed, any garbage or rubbish from any premises, or from any street, private access road, alley or other place in the City, or to transport the same in, upon or across any street, private road, alley or place in the City. Nothing in this Chapter shall prohibit an owner or resident, or gardeners, tree trimmers or other persons engaged in a similar trade, from collecting and disposing of green waste generated on a property on three (3) or fewer occasions per year per property. (Ord. 2013-03 § 1)

4.3.30 Permits and Licenses

Every contractor and hauler shall obtain and maintain at all times during its operations a business license issued by the City and all applicable permits and licenses required by any public agency having jurisdiction. In addition, every contractor and waste hauler shall be required to obtain a waste hauler permit from the City of La Habra Heights. The requirements and content of such permits are provided in Article 8. The following exceptions are applicable to this section:

A. The requirements of this section shall not prevent an owner or resident from composting green waste, or from selling, donating or disposing of recyclable materials at a recycling collection facility.

B. No owner or occupant shall employ or engage any solid waste enterprise, other than an approved contractor, to haul or transport solid waste or discarded recyclable materials to a disposal or processing facility, except as permitted by the California Beverage Container Recycling and Litter Reduction Act. (Ord. 2013-03 § 1)

4.3.40 Source Separated Recyclable Materials

The City may require any recycler, junk dealer or other enterprise engaged in the business of buying and marketing recyclable materials for resale to provide the City with information pertaining to such collection including, without limitation, the amount and value of recyclable materials collected from within the City’s territorial limits, to the extent permitted by the California Beverage Container Recycling and Litter Reduction Act.

A. Collection of Source Separated Recyclable Materials. No provision of this Chapter shall prevent a recycler, junk dealer or other solid waste enterprise engaged in the business of buying and marketing source separated recyclable materials in the stream of commerce and which buys such materials for resale or marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200) from buying recyclable materials for a monetary or other valuable consideration; nor shall any provision of this Chapter prevent such recycler, junk dealer or solid waste enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce.

B. Contractors’ Exclusions. No provision of this Chapter shall prevent a licensed contractor from obtaining a permit from the City for the demolition or reconstruction of a building, structure, pavement, or concrete installation or from marketing any saleable items salvaged from such demolition or reconstruction. In addition, no provision of this Chapter shall prevent a licensed contractor from causing such salvageable items or construction or demolition waste to be removed and transported from the premises on which such waste is generated if such collection, removal and disposal activity is performed only by the licensed contractor having the contract for the construction or demolition work that generated such salvageable items or construction or demolition waste, or by regularly employed personnel carried on the licensed contractor’s payroll records as an employee and if the contractor complies with any applicable requirements of Article 3. (Ord. 2013-03 § 1)

4.3.50 Residential Containers, Placement

A. Time. No owner or occupant who receives street-side collection service shall place or permit to be placed any solid waste, recyclable materials, or green waste container at the place of collection at the residential premises before twelve p.m. of the day preceding the scheduled collection or leave any such container at the place of collection after ten p.m. on the day of collection, or more than two (2) hours after actual collection, whichever is later. If the place of collection is also used for the regular storage of solid waste, then it must be screened from view from adjacent properties and the public right-of-way, as required by the provisions of Article 7.

B. Location. Each owner or occupant shall comply with all rules and regulations of the franchisee for placement of containers and with the provisions of Article 7 governing placement of containers. Any failure to comply with such rules that prevents or inhibits collection of the contents of any container will result in a notice of noncollection. (Ord. 2013-03 § 1)

4.3.60 Placement of Bins, Boxes and Containers at Nonresidential Uses

Except during times of collection, bins, boxes and containers at nonresidential premises shall be maintained and sited in accordance with the provisions of Article 7. The contractor or hauler shall plan with the customer the placement of the bins, boxes, and containers to minimize traffic, aesthetic and other problems associated with their placement and to ensure compliance with the provisions of Article 7. The design of any new, substantially remodeled, or expanded building or other facility shall provide for proper storage, handling, and accessibility that will accommodate the solid waste and recyclable materials screening and loading anticipated and which will allow for efficient and safe collection while ensuring compliance with the provisions of Article 7. (Ord. 2013-03 § 1)

4.3.70 Accumulation of Solid Waste or Recyclable Materials

Every owner or occupant shall keep the solid waste collection bins and storage areas in a clean and sanitary condition and shall not cause or permit any solid waste to accumulate for a period in excess of one (1) calendar week. This provision shall not be construed to prohibit any person from keeping building materials in, on or about any place or premises during the period of active construction, reconstruction or repair of a building or structure thereon under a current valid building permit, nor the keeping of wood neatly piled upon such place or premises for household use, nor the composting of yard trimmings, all of which must be kept in compliance with all other applicable laws. (Ord. 2013-03 § 1)

4.3.80 Prohibited Activities

The following activities are prohibited:

A. No person shall burn or bury any solid waste, animal waste, hazardous waste or recyclable materials within the City at any time.

B. No person shall transfer solid waste or recyclable materials from one (1) collection vehicle to another on any public street or road unless such transfer assists or improves the method of operation or is necessary due to mechanical failure of or accidental damage to a collection vehicle.

C. No person shall deposit any hazardous waste in any bin, box, or container utilized for the collection of solid waste, animal waste, green waste or recyclable materials. Violation of this subsection may result in a notice of noncollection.

D. No person shall deposit solid waste, animal waste, or green waste in a bin, box or container utilized for the collection of recyclable materials. Violation of this subsection may result in a notice of noncollection.

E. No person shall deposit solid waste, animal waste, or recyclable materials in a bin, box or container utilized for the collection of green waste. Violation of this subsection may result in a notice of noncollection.

F. The keeping upon any premises of solid waste, including animal waste, which is offensive, obnoxious, or unsanitary is unlawful, constitutes a public nuisance and may be abated in any manner provided by this Code or any other law for the abatement of nuisances.

G. Waste collection activities, including the compression of trash, may not be allowed to pollute or otherwise adversely impact the ground, water, or air.

H. The accumulation of solid waste, animal waste, recyclable materials, or green waste in a manner that in the opinion of the City Manager, City’s Fire Chief or Code Enforcement Officer constitutes an unsafe or hazardous condition or otherwise violates any of the applicable laws governing the storage of such materials is expressly prohibited.

I. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment (including by abandonment or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the City, or to cause, suffer or permit any solid or liquid waste to come to be located upon any premises in the City, except in an authorized or permitted solid waste container. (Ord. 2013-03 § 1)

4.3.90 Scavenging Prohibited

No person shall tamper with, modify, or otherwise scavenge solid waste or recyclable materials that have been placed in any solid waste or recyclable materials bin, box, or container. No person other than a City-approved contractor shall collect the recyclable materials from residential premises within the City. (Ord. 2013-03 § 1)

4.3.100 Construction and Demolition Recycling

This Chapter governs the recycling of construction and demolition waste. Compliance with the provisions of this section shall be listed as a condition of approval on any building or demolition permit issued by the City.

A. All Permitted Construction, Demolition or Renovation Projects. Prior to beginning any construction or demolition activities, the applicant shall submit a recycling plan to the Community Development Director and shall be subject to all applicable provisions of this Article. Failure to comply with any terms of this section shall subject the project applicant to the full range of enforcement mechanisms as set forth in Article 8.

B. Submission of a Recycling Plan. Applicants for building or demolition permits shall complete and submit a recycling plan on a form approved by the City as part of the application packet for the building or demolition permit. In preparing the recycling plan, applicants shall consider the recycling of demolition debris, to the maximum extent feasible, and shall make such materials available for salvage prior to disposal at a landfill. The completed recycling plan shall indicate all of the following:

1. The estimated volume or weight of project construction and demolition debris, by material type, to be generated;

2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;

3. The vendor or facility that the applicant proposes to use to collect and receive that material; and

4. The estimated volume or weight of construction and demolition materials that will be disposed of at a landfill.

C. Review of Recycling Plan. No building or demolition permit shall be issued unless and until the Community Development Director has approved the recycling plan. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the City Manager. If the Community Development Director determines that the recycling plan is incomplete or fails to indicate that at least fifty (50) percent of all construction and demolition debris generated by the project will be reused or recycled, the Community Development Director shall either return the recycling plan to the applicant marked "Denied," or marked "Further Information Required."

D. Compliance with Recycling Plan. Prior to the completion of any construction and demolition project, the applicant shall submit to the Community Development Director documentation indicating that the diversion requirement has been met. The applicant shall be required to divert at least fifty (50) percent of the total construction and demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an exemption, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Community Development Director for the project. This documentation shall include the following:

1. Receipts from the vendor and facility that collected and received each material showing the actual weight or volume of that material;

2. A copy of the previously approved recycling plan for the project adding the actual volume or weight of each material diverted and landfilled; and

3. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with the approved recycling plan for the project.

E. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed.

F. Determination of Compliance and Release of Building Permit. The Community Development Director shall review the recycling plan submitted under subsection B of this section and determine whether the applicant has complied with the diversion requirement, as follows:

1. If the Community Development Director determines that the applicant has fully complied with the diversion requirement applicable to the project, the Community Development Director shall release the building permit to the applicant.

2. If the Community Development Director determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the Community Development Director shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the Community Development Director determines that the applicant has made a good faith effort to comply, the Community Development Director may release the building permit to the applicant.

3. If the Community Development Director determines that the applicant has not made a good faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required by subsection B of this section within the required time period, then the Community Development Director shall notify the applicant. The building permit shall not be released until the applicant has complied with this section.

G. Exemption from Recycling Plan. If an applicant for a project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time they submit the recycling plan required in this section. The applicant shall indicate on the recycling plan the maximum rate of diversion believed feasible for each material and the specific circumstances that make it infeasible to comply with the diversion requirement.

1. The Community Development Director shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant the Community Development Director shall determine whether it is possible for the applicant to meet the diversion requirement.

2. If the Community Development Director determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, the Community Development Director shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted by the applicant. The Community Development Director shall return a copy of the recycling plan to the applicant marked "Approved for Exemption."

3. If the Community Development Director determines that it is possible for the applicant to meet the diversion requirement, the Community Development Director shall so inform the applicant in writing. The applicant shall resubmit a recycling plan in full compliance with this section. If the applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with this section, the Community Development Director shall deny the recycling plan.

4. The applicant shall have the right to appeal to the City Manager any decision made by the Community Development Director. The decision made by the City Manager shall be final.

H. Persons applying for a permit from the City for new construction and building additions and alterations shall also comply with the requirements of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended. (Ord. 2022-02 § 5; Ord. 2013-03 § 1)

4.3.110 Violations/Penalties

Any person or entity that violates any provision of this Chapter is guilty of a misdemeanor punishable pursuant to the provisions of Article 8, and is subject to civil penalties described in Section 8.7.40(C). (Ord. 2013-03 § 1)

4.3.111 Enforcement Procedures

A. Pursuant to California Penal Code Section 836.5, the City Manager and City Code Enforcement Officers are authorized to enforce the provisions of this Chapter as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7 and 375; California Government Code Section 68055 et seq.; and California Vehicle Code Sections 23111 and 23112.

B. The City Manager and Code Enforcement Officers are authorized to declare a violation of this Chapter a public nuisance subject to abatement under one (1) or more of the procedures described in Chapter 8.8.

C. Immediate Threat to Public Health and Safety; Summary Abatement Authorized.

1. If any owner or occupant receives two (2) consecutive notices of noncollection, the accumulation of waste on the premises will constitute a public nuisance posing an immediate threat to public health and safety, and will therefore be subject to summary abatement pursuant to Section 4.5.40. The two (2) notices of noncollection shall satisfy the requirement in Section 4.5.40 that the City Manager set forth in writing the facts and circumstances establishing the need for immediate abatement.

2. The City Manager may also declare any accumulation of waste to be an immediate threat to public health and safety subject to summary abatement, pursuant to Section 4.5.40.

D. For any abatement of a nuisance declared under this Chapter, the owner shall be liable for any and all fines, penalties, fees, and costs of abatement, including attorney’s fees, pursuant to the provisions of Article 8. (Ord. 2013-03 § 1)

4.3.112 Collection of Delinquent Charges

A. Report of Delinquent Charges. All charges for waste collection shall be paid on time. If any amount is past due for more than sixty (60) consecutive days, the franchisee shall submit a written complaint to the Finance Manager. The Finance Manager shall notify the property owner or resident of the delinquency and advise the owner or resident that if the delinquency is not cured within thirty (30) days, the delinquency will be brought before the City Council in a public hearing to take place at a date and time specified in the notice but not sooner than forty-five (45) days after the date of the notice. The said written notice shall be mailed to each person to whom such premises is assessed in the most recent property ownership records provided to the City by the County Assessor on the date the notice is mailed. In addition a notice will be sent to the property address.

B. Report and Hearing. The Finance Manager shall cause a report of delinquencies to be prepared and presented at a hearing before the City Council. The Council shall consider the report, as well as any objections or protests thereto. At the conclusion of the hearing, the Council may confirm the report as prepared, reject it entirely, or amend it as necessary and then confirm the amended report.

C. Recordation of Lien for Delinquent Charges. Upon confirmation of the report of delinquent charges by the City Council, a lien on the premises to which the service was rendered will be recorded with the Recorder of the County of Los Angeles.

D. Collection of Delinquent Charges by Special Assessment. Upon the confirmation of the report pursuant to subsection A of this section by the City Council, the delinquent charges contained therein which remain unpaid by the owner shall constitute a special assessment against the premises to which service was rendered and shall be collected at such time as established by the County Assessor for inclusion in the next property tax assessment.

The Finance Manager shall turn over to the County Assessor for inclusion in the next property tax assessment the total sum of unpaid delinquent charges consisting of the delinquent solid waste collection service charges and administrative charges which the City Council designates as special assessments, as a special assessment against the premises to which said service was rendered.

Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedures of sale as provided for delinquent ordinary municipal taxes. The assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except for those of State, County and municipal taxes, with which it shall be upon parity. The lien shall continue until the assessment and all interest and charges due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments. (Ord. 2013-03 § 1)

4.3.113 Mandatory Organic Waste Disposal Reduction

A. Requirements for Single-Family Generators. If the City is no longer eligible or does not receive the low population waiver which exempts single-family generators, single-family organic waste generators shall comply with the following requirements:

1. Shall subscribe to Jurisdiction’s organic waste collection services for all organic waste generated as described below. Jurisdiction shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the Jurisdiction. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

2. Shall participate in the Jurisdiction’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.

a. 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.

B. Requirements for Commercial Businesses. If the City is no longer eligible or does not receive the low population waiver which exempts commercial businesses, generators that are commercial businesses, including multifamily residential dwellings, shall:

1. Subscribe to Jurisdiction’s three (3) container collection services and comply with requirements of those services as described below. Jurisdiction shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the Jurisdiction.

3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with Jurisdiction’s blue container, green container, and gray container collection service.

4. Excluding multifamily 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 (1) 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 Jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

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

6. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s blue container, green container, and gray container collection service.

7. Excluding multifamily residential dwellings, periodically 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).

8. 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.

9. 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.

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

11. Accommodate and cooperate with City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with subsection (B)(2) of this Section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

12. 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 Jurisdiction or its designee.

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 subsection D of this Section.

C. Waivers for Generators.

1. De Minimis Waivers. The City may waive a commercial business’s obligation to comply with some or all of the organic waste requirements of this Section if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in this Section. Commercial businesses requesting a de minimis waiver shall:

a. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (C)(2) 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.

D. Requirements for Commercial Edible Food Generators.

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

2. 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.

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

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

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

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

d. Allow Jurisdiction’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

i. 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).

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

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

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

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

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

D. 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.

E. Requirements for Food Recovery Organizations and Services.

1. 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):

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

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

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

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

2. 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):

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

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

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

3. 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 the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 31st of each year, commencing on March 31, 2023.

4. Food Recovery Capacity Planning.

a. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the City 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 timeframe is otherwise specified by the City.

F. Requirements for Haulers.

1. Exclusive franchised haulers providing residential or commercial organic waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:

a. Through written notice to the City annually on or before March 15, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste.

b. 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.

c. Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 4.3.100(H), and City’s C&D ordinance.

G. 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 Jurisdiction 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 Jurisdiction shall respond within sixty (60) days.

2. Community composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction 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 Jurisdiction shall respond within sixty (60) days.

H. Inspections and Investigations by City.

1. City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this Section by organic waste generators, commercial businesses, property owners, 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.

2. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this Section described herein. Failure to provide or arrange for: (a) access to an entity’s premises; or (b) access to records for any inspection or investigation is a violation of this Section and may result in penalties described.

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

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

5. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.

I. Enforcement.

1. Violation of any provision of this Section shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City Code Enforcement Officer or representative. Enforcement actions under this Section are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Section and any rule or regulation adopted pursuant to this Section, except as otherwise indicated in this Section.

2. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exists such that court action is a reasonable use of City staff and resources. (Ord. 2022-02 § 4)