Chapter 5-32 SOLID WASTE AND RECYCLING

A. The purpose of this chapter is to regulate municipal solid waste (MSW) and divertable materials handling in order to protect the public health, safety and welfare and to meet the city’s obligations under the California Integrated Waste Management Act 1989 (Public Resources Code Section 40000 et seq. as amended from time to time) (hereinafter “AB 939”).

B. The city is obligated by AB 939 to implement plans for MSW source reduction, reuse, and recycling (including composting) to meet specified achievement milestones.

C. State recycling law, Assembly Bill 341 of 2011, requires businesses and multifamily property owners that generate a specified threshold amount of MSW to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.

D. State organics recycling law, Assembly Bill 1826 of 2014, requires businesses and multifamily property owners that generate a specified threshold amount of MSW, recycling, and organic waste per week to arrange for recycling services for that waste, requires the city to implement a recycling program to divert organic waste from businesses subject to the law, and requires the city to implement a mandatory commercial organics recycling program.

E. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the city, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

F. SB 1383 further requires the city to adopt and enforce an ordinance to implement relevant provisions of SB 1383 regulations. The ordinance amending this chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

G. Pursuant to the California Constitution, the city is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059 aspects of MSW handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether MSW services are to be provided by means of nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license or permit. (Ord. 2021-1 § 2 (Exh. A))

5-32.020 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as provided for below. Certain definitions shall have the same meaning as established in AB 939, the California Integrated Waste Management Act of 1989, as amended from time to time, and the regulations of the California Department of Resources Recycling and Recovery (CalRecycle) codified at Title 14 of the California Code of Regulations, Division 7 (commencing with Section 17000), as amended from time to time, which definitions shall take precedence to be consistent with state law and regulations.

“AB 939” means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor.

“Anaerobic digestion facility” (“AD facility”) means a facility that uses a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called anaerobic digestate. The decomposition occurs in a four-step process: hydrolysis, acidogenesis, acetogenesis, and methanogenesis to break down organic matter into methane, carbon dioxide, water and anaerobic digestate/residuals.

“Bioengineered feedstock” means a mixture of materials utilized in wastewater treatment plants (WWTPs) or publicly owned treatment works (POTWs) to produce biogas. (This process is also referred to as “wet anaerobic digestion.”) Bioengineered feedstock may include primary and/or secondary sludge, greases from the WWTP grease trap, and organic materials such as food scraps from households or other organic materials from industries that have been pretreated and liquefied to the required consistency.

“Bioengineered feedstock facility” means a processing facility that accepts food scraps and other bioengineered feedstock, chops, macerates or otherwise size-reduces the incoming materials, mixes the material with liquid and produces a slurry which is then transported or otherwise delivered to a wastewater treatment plant or similar facility for use as a bioengineered feedstock to produce methane.

“Biomass conversion facility” (biomass) means a facility which uses the controlled combustion of the following materials (when separated from MSW) to produce electricity or heat: (1) agricultural crop residues; (2) bark, lawn, yard and garden clippings; (3) leaves, silviculture residue, tree and brush prunings; (4) wood, wood chips and wood waste; or (5) nonrecyclable pulp or nonrecyclable paper.

“Blue container” means a container where either: (1) the lid of the container is in blue color, or (2) the body of the container is blue in color and the lid is either blue, gray, or black in color. Hardware such as hinges and wheels on a blue container may be any color. Blue containers shall be used for the purpose of storage and collection of recyclable materials.

“Brown container” means a container where either: (1) The lid of the container is brown in color, or (2) the body of the container is brown in color and the lid is either brown, gray, or black in color. Hardware such as hinges and wheels on a brown container may be any color. Brown containers shall be used for the purpose of storage and collection of food scraps only if directed by the city in accordance to Sections 5-32.100 and 5-32.110.

“Bulky goods” means furniture, household or industrial appliances, mattresses, shipping crate, oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and other large, bulky or heavy objects not normally discarded on a regular basis at single-family and multifamily dwellings, or commercial establishments. “Bulky goods” does not include automobile bodies or construction and demolition debris.

“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).

“City property” means property that the city of Laguna Hills owns in fee or over which it has an easement, including but not limited to public streets, public rights-of-way, and public parkways.

“City receptacles” means any object designed and used to hold MSW and divertable materials provided by the city for public use such as city parks, city facilities and facilities maintained by the city.

“Clean materials recovery facility” or “clean MRF” means a MRF, or that portion of a MRF that processes recyclable materials such as single-material recyclables and single stream recyclable materials, containing no more than the maximum residue allowed by CalRecycle permit regulations (ten percent residue).

“Collection” or “collect” means the taking of physical possession of MSW, recyclable materials, yard trimmings, food scraps, construction and demolition debris or other materials from customers, and their transport to a processing facility, transfer station or landfill.

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

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined below. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

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

a. Supermarket.

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

c. Food service provider.

d. Food distributor.

e. Wholesale food vendor.

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

a. 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.

b. Hotel with an on-site food facility and two hundred (200) or more rooms.

c. Health facility with an on-site food facility and (100) or more beds.

d. Large venue.

e. Large event.

f. 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.

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

“Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet.

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

“Compost” is the product resulting from the controlled biological decomposition of organic material that is source separated from the MSW stream and that has been sanitized through the generation of heat and processed to further reduce pathogens (PFRP), as defined by the U.S. EPA (Code of Federal Regulations Title 40, Part 503, Appendix B, Section B), and stabilized to the point that it is beneficial to plant growth. Compost bears little physical resemblance to the raw material from which it originated. Compost is an organic matter source that has the unique ability to improve the chemical, physical, and biological characteristics of soils or growing media. It contains plant nutrients but is typically not characterized as a fertilizer.

“Compost facility” means a facility that processes one or more of the following that have been source separated from MSW: food scraps, yard trimmings, wood, and food-soiled paper such as paper napkins and paper towels by means of outdoor windrow composting, aerated static pile composting, covered composting, vermiculture, or other outdoor composting methods or covered composting with use of either finished compost or fabric, synthetic or other type(s) of cover(s) applied to the composting piles.

“Composting” means the creation of compost.

“Construction” means the building, rehabilitation, remodeling, renovation or repair of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

“Construction and demolition debris” or “C&D” includes building materials such as wood, sheetrock, metals, concrete, asphalt, dirt, yard trimmings from grubbing, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements.

“Containers” means any object designed and used to hold MSW and divertable materials, recyclable materials, food scraps, yard trimmings or construction and demolition debris to be collected by the franchisee. Containers include carts, bins, open-top roll off boxes, and compactors.

“Contaminate” means the act of contamination.

“Contamination” means materials which are not specified for collection in particular containers and receptacles or for processing at any processing facility and which would either interfere with such processing or reduce the quality and value of the recovered materials. For example, metals and plastics constitute “contamination” if placed in a food scraps and yard trimmings container (or green container). Tree trimmings or food scraps constitute “contamination” if placed in a recyclable materials container (or blue container). Contamination of MSW means the presence of divertable materials in the MSW container (or gray container) such as recyclable materials, food scraps, construction and demolition debris, and/or yard trimmings.

“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

“Disposal site” means the city-designated landfill(s), transfer station(s) or other facility(ies) used for the disposal of MSW.

“Diversion” or “to divert” means any combination of recycling, sorting, composting, and/or other processing activities conducted at a clean MRF, a compost facility, an anaerobic digestion facility, a bioengineered feedstock facility, a construction and demolition debris processing facility or another city-approved processing facility in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or to otherwise return the materials to the economic marketplace and to prevent the materials from being disposed in a landfill.

“Diversion programs” means collection of recyclable materials, yard trimmings, food scraps, wood, construction and demolition debris, and processing of said materials at a clean MRF, a compost facility, a construction and demolition debris processing facility or other processing facility. Diversion programs include all city special collection services and other programs; and programs supported by residents, commercial businesses, or other persons that have the effect of diverting materials from landfill. “Diversion programs” includes all of the programs included in the city’s source reduction and recycling element and all of the programs included in the franchise.

“Divertable materials” or “divertable” means recyclable materials, food scraps, yard trimmings, wood, construction and demolition debris, special collection services materials, and all other materials that can be diverted from disposal. “Divertable materials” includes, but is not limited to, all materials required to be diverted from disposal by the city, CalRecycle or any state or federal agency. “Divertable materials” includes food-soiled paper only when directed by the city and in accordance to the franchise.

“Edible food” means food intended for human consumption. For the purposes of this chapter, edible food is not MSW if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

“Electronic waste” or “E-waste” includes discarded video display devices such as a television screen, computer monitor, plasma television screen, computer CPUs, LED screens and monitors, computer keyboards, computer mouse, printers, desk copiers, multi-function desktop machines (such as a combination printer/fax/copier), LED bulbs, VCRs, DVD/CD/tape players, cellular telephones, microwave ovens, toasters, irons, stereos and speakers, cables, scanners and all other corded appliances and corded devices.

“Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed.

“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, 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.

“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. A food recovery service is not a commercial edible food generator for the purposes of this chapter.

“Food scraps” means material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from MSW. Food scraps include surplus or unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables and culls, and plate scrapings. “Food scraps” includes, without limitation, food scraps from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), grocery stores, farmer’s markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential food scraps. “Food scraps” does not include food-soiled paper.

“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.

“Food-soiled paper” means material that has come in contact with food or liquid, such as, but not limited to, paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and food containers, greasy pizza boxes, paper bags, cardboard and wax-coated cardboard produce boxes. Food-soiled paper does not include polystyrene, diapers, aluminum foil or foil-lined food wrap.

“Franchise” means the right or privilege conferred by the city on one or more private entities for the collection, transportation or other handling of MSW, divertable materials, special collection services, and temporary collection services.

“Franchisee” means any individual, joint venture, partnership, unincorporated private organization or private corporation regularly engaged in the business of providing solid waste handling services pursuant to a franchise agreement with the city.

“Generator” means any person whose act first causes discarded materials to become subject to regulation under this chapter or under federal, state, or local laws or regulations. Generator also means a customer.

“Gray container” means a container where either: (1) the lid of the container is gray or black in color, or (2) the body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware such as hinges and wheels on a gray container may be any color. Gray containers shall be used for the purpose of storage and collection of MSW.

“Green container” means a container where either: (1) the lid of the container is green in color, or (2) the body of the container is green in color and the lid is green, gray or black in color. Hardware such as hinges and wheels on a green container may be any color.

1. Green containers shall be used for the purpose of storage and collection of food scrapes and yard trimmings for single-family collection service.

2. The green container shall be limited to the storage and collection of food scraps for commercial and multifamily collection service, unless further segregation of food scraps and yard trimmings is required and directed by city in accordance to Sections 5-32.100 and 5-32.110.

“Green waste” means “yard trimmings.”

“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.

“Hazardous waste” means any substance, waste or mixture of wastes defined as “hazardous substance” or “hazardous waste” pursuant to Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. Section 9601 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 9601 et seq., and all future amendments to either of them, or as defined by the California Department of Resources Recycling and Recovery, and all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA). Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term “hazardous waste” shall be construed to have the broader, more encompassing definition.

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

“Household hazardous waste” or “HHW” means any hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include any waste generated in the course of operating a business or commercial activity at a residence or at any commercial business establishment. Typical household hazardous wastes include used motor oil and oil filters, antifreeze and other vehicle fluids, paints and varnishes, pesticides, herbicides, pool chemicals and cleaning supplies.

“Inspection” means a site visit where the city reviews records, containers, receptacles, 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.

“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.

“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 large venue that is contiguous with other large venues in the site is a single large venue.

“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 MSW and divertable materials.

“Mixed waste” means organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility.

“Multifamily” means a building, dwelling unit or complex containing multiple dwelling units that house more than four residences and that receive centralized collection service from containers (i.e., bins, carts, compactors and/or roll off boxes) in enclosures or other designated areas. Apartment complexes, condominiums, townhouses, gated developments, HOAs, mobile home parks and similarly configured housing complexes are included if they have centralized service. Multifamily does not include single-family residences, duplexes, tri-plexes, four-plexes or any residences that have individual cart collection service.

“Municipal solid waste” or “MSW,” for the purposes of this chapter, means the variable portion of all nonhazardous discarded materials that is left over after all diversion programs are utilized by the owners and/or occupants of all premises in the city. The owners and/or occupants of all premises within the city are provided with separate, designated containers for MSW, recyclable materials, yard trimmings and food scraps, with the exception of non-food-generating commercial and business establishments and construction and demolition debris (where applicable). The owners and occupants of all premises separate and place discarded materials in the appropriate container provided to their premises. City provides special collection services and third parties provide diversion programs for diversion of household appliances, E-waste, grease, fats, oils and other divertable materials. MSW is the material placed by owners and/or occupants in the MSW container and does not include materials placed in the other containers designated for divertable materials or diverted via other diversion programs.

MSW does not include (1) hazardous waste, (2) low-level radioactive waste regulated under California Health and Safety Code Section 25800, et seq., or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Section 25015, et seq.

“Organic waste” or “organic materials” means, for the purposes of this chapter, food scraps and yard trimmings.

“Person” means any individual, firm, partnership, limited liability company, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, municipality, district or other political subdivision or any group or combination acting as a unit.

“Premises” means any building, dwelling, or site in any zone within the city from which any activity is conducted, including, without limitation, residential, service, nonprofit, governmental, institutional, educational, industrial, commercial or agricultural uses.

“Processing facilities” means facilities where the following activities are conducted: sorting, cleaning, treating, composting, and reconstituting collected materials and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards of the market place. Processing facilities include clean materials recovery facility, composting facilities, anaerobic digestion facilities, bioengineered feedstock facilities, wastewater treatment plants, construction and demolition debris sorting facilities, and concrete and asphalt grinding facilities. Processing facilities do not include waste-to-energy, biomass, thermal destruction, or any type of transformation facilities.

“Receptacles” means any object designed and used to hold MSW and divertable materials provided by commercial businesses for employee and customer use.

“Recovered materials” means those materials that are processed at a MRF, compost facility, anaerobic digestion facility, bioengineered feedstock facility, construction and demolition debris processing facility or any other processing facility and thus diverted from landfill disposal.

“Recyclable materials” means material which otherwise would become, or be treated as, MSW but which, by means of a process of collecting, sorting, cleansing, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the marketplace. “Recyclable materials” includes single-stream recyclable materials and single material recyclables. “Recyclable materials” includes, but is not limited to, paper, books, magazines, cardboard, boxes, plastics, metals, glass, and other similar materials authorized by the city for collection by the franchisee. “Recyclable materials” does not include food scraps, yard trimmings, or construction and demolition debris.

“Recycle” or “recycling” shall mean the process of collecting, transferring, sorting, cleansing, treating, and reconstituting materials that would otherwise become MSW, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.

“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 contamination.

“Residential premises” or “residential” includes single-family dwellings, multifamily dwellings (such as townhouses, apartments, and condominiums), gated developments, HOAs and mobile home parks that are provided individual collection service at each dwelling unit, whether by means of walk-in or curbside collection, and which may be individually billed by contractor or billed, as part of a central billing process, by the HOA or property manager.

“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.

“Route review” means a visual inspection of containers along a hauler’s collection route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras.

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

“Scavenging” means the unauthorized removal of MSW and/or divertable materials from containers of the franchisee or city receptacles. Public Resources Code Section 41950 prohibits the scavenging of paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other divertable materials from containers and or city receptacles.

“Scout service” means moving individual containers of MSW, recyclable materials, yard trimmings and/or food scraps to a centralized location on the property where the containers can be emptied by a collection vehicle (i.e., frontloader) and then returned to their original locations. The containers are moved by a pickup truck, motorized utility cart or other similar lightweight vehicle. Scout service is used to save wear and tear on pavement in parking lots and driveways and to save collection time. Instead of traveling to the location of each individual container to empty the container, the collection vehicle (i.e., frontloader) only travels to one centralized location where the scout brings the full individual collection containers for pickup.

“Self-haul” means the hauling of MSW and/or divertable materials to a processing facility or disposal site or other type of facility by a generator, owner, or occupant of any premises.

“Single-family” means single-family residences, duplexes, triplexes, four-plexes or any residences that have individual cart collection service.

“Single-material recyclables” means those recyclable materials which satisfy each of the following requirements: (1) have been segregated from MSW for handling different from that of MSW by or for the generator thereof; (2) have been further segregated so that various types of recyclable materials, such as glass, metals, paper, cardboard, etc., are not commingled; and (3) after such segregation, contain no more than ten percent contamination by weight.

“Single stream recyclable materials” or “single stream recyclables” means those recyclable materials collected as separated from MSW by the generator and consisting of a mixture of metals, glass, plastics Nos. 1 through 7, and all paper grades from single-family premises, commercial business establishments and multifamily. Single stream recyclable materials are distinguished from single-material recyclables, which consist of only a single type of material, such as glass, separated from other recyclables.

“Source reduction and recycling element (SRRE)” means plans prepared by all jurisdictions in accordance with Public Resources Code Section 41000 et seq. The SRRE sets forth a jurisdiction’s basic strategy for management of MSW and divertable materials generated within its borders, with emphasis on implementation of source reduction, recycling, and composting programs source reduction, recycling, and composting programs.

“Source separated” means materials that have been separated or kept separate from the MSW 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 and/or receptacles for the purpose of collection such that source separated materials are separated from MSW for the purposes of collection and processing.

“Special collection service” means programs, offered by the city or the city’s franchisee, for the collection of universal waste, household hazardous waste, electronic waste, bulky goods, holiday trees, and other diversion programs.

“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

“Temporary collection service” means collection of occasional, noncontinuing accumulations of waste which is not generated from ongoing activities or operations, but which is either:

1. C&D resulting from construction, remodeling, repair, demolition, site preparation, or grading; or

2. Other temporary MSW and/or divertable materials collection where a container is provided for no more than thirty (30) consecutive days, or no more than sixty (60) days in any ninety (90) day period.

“Transformation facility” means a facility utilizing incineration, pyrolysis, distillation, or biological conversion other than composting and does not include composting, gasification, biomass conversion or “wet” or “dry” anaerobic digestion.

“Universal waste” is any of the hazardous wastes that are listed in Section 66261.9 of Article 1, Chapter 11, Division 4.5 of Title 22 of the California Code of Regulations (22 CCR Section 66261.9), which includes electronic devices, batteries, electric lamps, fluorescent tubes and bulbs, high intensity discharge lamps, sodium vapor lamps and lamps that contain added mercury, mercury-containing equipment, CRT, CRT glass, and non-empty aerosol cans.

“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.

“Wood” means all nonhazardous wood material that is not painted with lead-based or other paints containing materials identified as hazardous waste, or treated with creosote or other hazardous materials. Wood includes, but is not limited to, tree branches and other wood trimmings, dimensional lumber and other pieces of wood generated during the manufacture or processing of wood products, wood generated as part of the harvesting or processing of raw woody crops, and the wood debris from construction and demolition activities.

“Yard trimmings” means tree and shrub trimmings, grass cuttings, leaves, branches, and similar materials. (Ord. 2021-1 § 2 (Exh. A))

5-32.030 MSW and divertable materials removal.

A. MSW and divertable materials generated, produced or accumulated in or about single-family and multifamily, or other place of human habitation, shall be removed from the premises at least once each week, unless a waiver is approved by the city in accordance to Section 5.32-080. If conditions warrant, the County Health Officer or City Manager may require a greater frequency of removal.

B. MSW and divertable materials created, generated, produced or accumulated at commercial businesses shall be removed from the premises at least once every week, unless a waiver is approved by the city in accordance to Section 5.32-080. If conditions warrant, the County Health Officer or City Manager may require a greater frequency of removal.

C. It is unlawful for the person, having control or possession of the premises described in the preceding subsections, to fail or neglect to provide for the removal of MSW and divertable materials. Each day’s violation of this section shall be treated and considered as a separate and distinct offense. (Ord. 2021-1 § 2 (Exh. A))

5-32.040 Franchise collection containers.

A. Except for those persons described or engaged in the activities described in Section 5-32.060(B) through (N), MSW and divertable materials shall be placed for collection in containers provided by the franchisee, except when special collection services are authorized and then only in accordance with directions provided by the city’s franchisee.

B. Single-family collection containers shall be placed adjacent to the street, or curb thereon, not earlier than twenty-four (24) hours before collection is scheduled and removed therefrom not later than twenty-four (24) hours after collection.

C. Commercial and multifamily containers shall be placed in enclosures for the storage and collection of MSW and divertable materials. Collection of the containers in designated areas and enclosures may be serviced utilizing a scout service vehicle.

D. Containers for temporary collection service shall be placed, maintained, and removed in accordance with the city franchise. Except for the city’s franchisee, it is unlawful for any person to place a container for temporary collection service in or on the public right-of-way. (Ord. 2021-1 § 2 (Exh. A))

5-32.050 Franchises.

A. Authority. The city may provide for the collection, transportation, and processing of divertable materials by franchise; and the collection, transportation, and disposal of MSW by franchise. If the city awards an exclusive franchise, the terms of the franchise agreement shall govern the rights and obligations of the city and the franchisee.

B. Franchise Required. Except as otherwise provided in this chapter, it is unlawful for any person other than the franchisee to transport or collect MSW or divertable materials in the city or to lease, rent, or charge a fee for use of containers, including temporary collection service, for MSW or divertable materials collection to any person in the city. Persons and self-haulers identified in Section 5-32.060 and 5-32.070 shall not be required to have a franchise.

C. Hazardous Waste Inspection and Reporting.

1. The franchisee shall inspect MSW and divertable materials put out for collection in its respective containers, and shall reject for collection MSW and divertable materials observed to be contaminated with hazardous waste. The franchisee shall promptly notify the city and all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and local emergency response provider and the National Response Center of reportable quantities of hazardous waste found or observed in MSW or divertable materials anywhere within the city. In addition to other required notification, if the franchisee observes any substances, which it or its employees reasonably believe or suspect to contain hazardous waste unlawfully disposed of or released on any city property, including storm drains, streets or other public rights-of-way, the franchisee shall immediately notify the City Manager or his or her designee.

2. The franchisee shall maintain records showing the types and quantities, if any, of hazardous waste found in MSW or divertable materials and which was inadvertently collected from service recipients within the city but diverted from landfill disposal.

D. Customer Service.

1. The franchisee shall maintain an office accessible by a local phone number, with office hours between the hours of eight a.m. and five p.m. daily, except Sundays and holidays. Each office shall be staffed with a knowledgeable representative, trained to respond to customer questions and complaints. An emergency telephone number shall be provided to the city for use outside normal business hours.

2. The protection of the public health, safety and well-being require that service complaints be acted on promptly and that a record be maintained in order to permit the city and the franchisee to identify potential public health and safety problems. Accordingly, all service recipients’ complaints shall be directed to the franchisee. During office hours, the franchisee shall record all complaints, including the date, time, complainant’s name and address if the complainant is willing to give his information, and date, and manner of resolution of the complaint. This information shall be maintained for the period of the franchise. The record of service complaints shall be made available for review by representatives of the city during the franchisee’s office hours.

E. Collection Equipment.

1. Vehicles operated by the franchisee shall be maintained in good operating condition and free of graffiti. Vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single-event noise level of seventy-five (75) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five feet above ground level. The franchisee shall submit to the city, upon city’s request, a certificate of vehicle noise level testing by an independent testing entity of a representative sample of all vehicles.

2. The franchisee shall comply with all regulations promulgated by all agencies with jurisdiction over the safe, sanitary operation of all of their equipment. The franchisee shall not damage private streets over which their respective collection equipment may be operated and shall obtain all required approvals for operation of its respective collection vehicles on private streets.

F. Maintenance of Collection Containers. The collection containers provided by the franchisee, including temporary collection service containers, shall be kept in a clean, painted, and serviceable condition. Graffiti shall be promptly removed, but no later than twenty-four (24) hours after notice by a service recipient or city. Containers shall be steam-cleaned or replaced at least once a year. The City Manager or his or her designee has the authority to require the franchisee to replace promptly any container, which in the City Manager’s or his or her designee’s reasonable discretion is not in a clean, painted, or serviceable condition. (Ord. 2021-1 § 2 (Exh. A))

5-32.060 Collection by persons other than franchisee.

A. Except for franchisee(s) and except for self-haulers and persons described or engaged in activities described in subsections B through N of this section, it is unlawful for any person to engage in MSW and/or divertable materials collection services within the city, and all persons currently engaging in MSW and/or divertable materials handling services within the city shall cease such operations immediately upon receiving written notice from the city.

B. Actual MSW and Divertable Materials Generators. The actual producers of MSW and divertable materials and the owners of property upon which MSW and divertable materials has accumulated may personally engage in MSW and divertable materials handling services, but only as to the MSW and divertable materials which they have actually produced or which have accumulated on their own property; and provided, that they comply with the provisions of this chapter and with any other governing laws. Except in accordance with subsections C and D of this section, actual producers and property owners shall not allow any other person, except the city’s franchisee, to perform MSW and divertable materials collection services for the MSW and divertable materials which they have produced, which has accumulated on their property, or which they otherwise own or control.

C. Construction Contractors. The actual producers of construction and demolition debris and the owners of property upon which construction and demolition debris has accumulated may engage the contractor who produced all or a part of said construction and demolition debris to perform handling services for all or part of the construction and demolition debris generated during the construction or demolition project; provided, that all such contractors comply with the provisions of Chapter 5-48 and with any other governing laws. Said actual producers and property owners shall not allow any other person, except for the city’s franchisee or the contractor described in this subsection, to perform collection services for the construction and demolition debris which they have produced, which has accumulated on their property, or which they otherwise own or control.

D. Gardeners and Landscapers. Subject to Section 5-32.070, gardeners or landscapers may transport yard trimmings or MSW and/or divertable materials generated by their work, only if transported by their own employees in the gardener’s or landscaper’s own vehicles to processing facilities.

E. Cleanup Services. Subject to Section 5-32.070, any person whose primary business is the cleanup of waste on the property of another and who, incidental to such business:

1. Hauls only the MSW and/or divertable materials which he/she cleans up and no other MSW and/or divertable materials;

2. Uses his/her own vehicle to haul the MSW and/or divertable materials which he/she cleans up;

3. Does not use a container, whether or not such container is left at the cleanup site, to accomplish the cleanup, collection, or transportation of the MSW and/or divertable materials; and

4. Does not use a commercial vehicle such as a front loader, side loader, or rear loader.

F. Compactor Lessors. Persons may lease stationary compactors, which are containers approximately ten to fifty (50) cubic yards in capacity with a trash compaction mechanism attached that pushes and compresses waste into the container, and that must be removed from the collection site for disposal, or compaction units that attach to smaller collection bins that are typically one to eight cubic yards.

G. Nonprofit Charities. Nonprofit charities registered with the Attorney General of the state periodically accepting donations of divertable materials may transport the divertable materials; provided, that the charity transport the divertable materials to a processing facility and that charity volunteers and employees comply with the provisions of this chapter and with any other governing laws.

H. Transport Only. Any person may haul MSW and/or divertable materials generated and collected in other jurisdictions over city streets provided they comply with the provisions of this chapter and with any other governing laws; and provided further, that they do not engage in any MSW and/or divertable materials collection services within the city.

I. Document Destruction Companies. Companies whose primary purpose is the destruction of documents/records that, incidental to this purpose, collect paper and deliver such paper, after shredding/destruction, to a processing facility, are not required to obtain a franchise or recycling permit to transfer and recycle this material.

J. Emergencies. In the event of an emergency, including, but not limited to, the breakdown of equipment or other unforeseen or unpreventable circumstances, or where in the judgment of the city the particular situation justifies such action, the city may issue limited or temporary contracts to any person to perform MSW and divertable materials handling services, subject to reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided, that such fees and charges received from or paid to any person under this subsection for any period exceeding fifteen (15) days in duration shall be approved by the Council.

K. Food scraps that are processed on site at a residential premises, commercial premises, industrial premises or institutional premises using either conventional composting or by using a food scrap commercial appliance. Yard trimmings that are processed on site at a residential, commercial, industrial or institutional premises using composting or mulching.

L. Food scraps that are separated by the customer and not placed for collection by contractor and that are donated, sold or the customer pays for collection and delivery of the food scraps for use as animal feed. This includes food scraps that are self-hauled by the customer to any entity or person for use as animal feed.

M. Recyclable beverage containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, California Public Resources Code Section 14500 et seq.

N. Edible food for human consumption that is collected by any person, including but not limited to nonprofit organizations, for-profit organizations, partnerships or other entities, volunteers, individuals and activities of any persons that provide any of the following services:

1. Arrange for the collection of edible food and for the delivery of such edible food to locations and organizations for human consumption, including but not limited to, food banks, churches, homeless shelters, warming shelters, other nonprofit or charitable entitles, volunteer groups, delivery to individuals (e.g., Meals on Wheels), free or reduced-cost grocery markets, hospitals, schools and others.

2. Provide programs, telephone and computer apps, databases, and other means to connect food donors with those that can use the edible food and assist the parties in getting the edible food from the donor to the recipients for human consumption.

3. Compile, publish and/or distribute lists of edible food available for donation and food needed (specifying types, quantities, and dates/times available and needed).

4. Provide pickup, transportation, and/or delivery of edible food from donors to recipients.

5. Provide reporting data on the pounds of edible food diverted from disposal from these efforts in the city.

O. The Council may, at its election, waive any permit, license, franchise or other fee for selected categories of permittees or franchisees. (Ord. 2021-1 § 2 (Exh. A))

5-32.070 Self-hauler requirements.

Self-haulers that collect and transport materials pursuant to Section 5-32.060 shall:

A. Source separate all divertable materials from MSW generated on site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, and haul the source separated materials to a processing facility and/or a disposal site that recovers those materials.

1. Alternatively, self-haulers may haul commingled MSW and divertable materials to a high diversion organic materials processing facility as specified in 14 CCR Section 18984.3.

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

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

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

If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste. (Ord. 2021-1 § 2 (Exh. A))

5-32.080 Organic waste waivers.

The following organic waste waivers shall be reviewed and may be approved by city in accordance with criteria developed by city to ensure compliance with SB 1383 regulations.

A. De Minimis Waiver. Residential development with minimal individual open space and greenspace such as town homes with common-area open space predominantly serviced by gardeners and landscapers subject to Section 5-32.070 are exempt from the organic materials requirements of this chapter. Furthermore, the city may waive a commercial business’s obligation (including multifamily) to comply with some or all of the organic materials requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic materials as described in this section. Commercial businesses requesting a de minimis waiver shall:

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

2. Provide documentation that either:

a. The commercial business’s total MSW and divertable materials collection service is two 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 MSW and divertable materials collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business’s total waste.

3. Notify the city if circumstances change such that the commercial business’s organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five years, if the city has approved a de minimis waiver.

B. Physical Space Waiver. A commercial business customer may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lack adequate space for blue containers and/or green containers including documentation from the hauler, licensed architect, or licensed engineer.

3. Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.

C. De Minimis Generation Waiver. Single-family customers that generate less than one-half gallon per week of organic waste.

D. Collection Frequency Waiver. City, in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any commercial business premises that subscribes to the city’s collection service to arrange for the collection of their blue container, gray container, or both once every fourteen (14) days, rather than once per week. (Ord. 2021-1 § 2 (Exh. A))

5-32.090 Requirements for single-family generators.

Single-family generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Sections 5-32.060 and 5-32.070:

A. Single-family generators shall subscribe to the city’s organic waste collection services for all organic waste generated as described in subsection B of this section. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as directed by the city. 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).

B. Single-family waste generators shall participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described in subsection C of this section and shall not contaminate collection containers per SB 1383 regulations.

C. Single-family organic waste generators shall place food scraps and yard trimmings in the green container; recyclable materials in the blue container; and MSW in the gray container that are provided by the terms of the city’s franchise. (Ord. 2021-1 § 2 (Exh. A))

5-32.100 Requirements for commercial business generators.

A. Generators that are commercial businesses shall subscribe to the city’s three container collection services and comply with requirements of those services as described in this section.

B. Generators that are commercial businesses shall place food scraps in the green container; recyclable materials in the blue container; and MSW in the gray container that are provided by the terms of the city’s franchise. Generators shall not contaminate collection containers per SB 1383 regulations. City may require additional segregation of a generator’s green container for the purposes of separating food scraps from yard trimmings. The following containers will be provided as directed by the City Manager or his/her designee when additional segregation of a generator’s green container is required:

1. A brown container that is limited to the collection of food scraps only.

2. A green container that is limited to the collection of yard trimmings only.

C. The city shall have the right to review the number and size of a generator’s containers and frequency of collection service to evaluate adequacy of capacity such that the proper separation of materials can be achieved with the minimum contamination levels as required by SB 1383 regulations. Commercial businesses shall adjust their service level for their collection services as requested by the city.

D. Generators shall supply and locate an adequate number and size of internal collection receptacles for employees to be able to sort divertable materials such as food scraps and recyclable material.

E. Generators shall provide receptacles with sufficient labels and colors for customers to be able to sort divertable materials such as food scraps and recyclable material in all indoor and outdoor areas where disposal receptacles are provided for customers pursuant to 14 CCR Section 18984.8(b). Such receptacles 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 receptacle, then the business does not have to provide that particular receptacle in the areas where customers are present pursuant to 14 CCR Section 18984.9(e).

F. Generators shall periodically inspect receptacles for contamination and inform and educate employees if receptacles are contaminated and the requirements to place divertable materials in the proper receptacle.

G. Commercial businesses shall periodically inspect the city’s franchisee collection 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(a).

H. Commercial businesses shall annually provide information to employees, contractors, tenants, and customers and about proper sorting of food scraps, recyclable materials, and where applicable, yard trimmings, and how this material is processed, recovered and diverted from landfills pursuant to 14 CCR Section 18984.10(b).

I. Commercial businesses shall provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes the city’s diversion programs, contamination, and the location of containers and receptacles and the rules governing their use at each property pursuant to 14 CCR Section 18984.10(b).

J. Commercial businesses shall provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 5-32.230 to confirm compliance with the requirements of this section.

K. Commercial businesses shall accommodate and cooperate with the city’s remote monitoring program for inspection of the contents of containers for contamination, which may be implemented at a later date, to evaluate generator’s compliance with subsection B of this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the containers provided by the city’s franchisee.

L. At commercial business’s option and subject to any approval required from the city, commercial businesses may implement a remote monitoring program for inspection of the contents of containers provided by the city’s franchisee for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify contamination. Generators may install remote monitoring devices on or in the city’s franchisee containers subject to written notification to and approval by the city or its designee.

M. If a commercial business wants to self-haul, the commercial business must meet the self-hauler requirements in Sections 5-32.060 and 5-32.070.

N. Nothing in this section prohibits a generator from preventing or reducing waste generation and/or managing food scraps and yard trimmings on site pursuant to 14 CCR Section 18984.9(c).

O. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements pursuant to Section 5-32.130. (Ord. 2021-1 § 2 (Exh. A))

5-32.110 Requirements for multifamily generators.

A. Generators that are multifamily shall subscribe to the city’s three container collection services and comply with requirements of those services as described in this section.

B. Generators that are multifamily shall place food scraps in the green container; recyclable materials in the blue container; and MSW in the gray container that are provided by the terms of the city’s franchise. Generators shall not contaminate collection containers per SB 1383 regulations. City may require additional segregation of a generator’s green container for the purposes of separating food scraps from yard trimmings. The following containers will be provided as directed by the City Manager or his/her designee when additional segregation of a generator’s green container is required:

1. A brown container that is limited to the collection of food scraps only.

2. A green container that is limited to the collection of yard trimmings only.

C. The city shall have the right to review the number and size of a generator’s containers and frequency of collection service to evaluate adequacy of capacity such that the proper separation of materials can be achieved with the minimum contamination levels as required by SB 1383 regulations. Multifamily generators shall adjust their service level for their collection services as requested by the city.

D. Generators shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors pursuant to 14 CCR Section 18984.8 for tenants, employees, and contractors, consistent with the city’s franchisee collection container service.

E. Generators shall periodically inspect containers for contamination and inform and educate tenants if containers are contaminated and the requirements to place divertable materials in the proper container.

F. Generators shall annually provide information to tenants about proper sorting of food scraps, recyclable materials, and where applicable, yard trimmings, and how this material is processed, recovered and diverted from landfills.

G. Multifamily generators shall provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 5-32.230 to confirm compliance with the requirements of this section.

H. Multifamily generators shall accommodate and cooperate with the city’s remote monitoring program for inspection of the contents of containers for contamination, which may be implemented at a later date, to evaluate generator’s compliance with subsection B of this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the containers provided by the city’s franchisee.

I. At multifamily generator’s option and subject to any approval required from the city, multifamily generators may implement a remote monitoring program for inspection of the contents of containers provided by the city’s franchisee for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify contamination. Generators may install remote monitoring devices on or in the city’s franchisee containers subject to written notification to and approval by the city or its designee.

J. If a multifamily generator wants to self-haul, the multifamily generator must meet the self-hauler requirements in Sections 5-32.060 and 5-32.070.

K. Nothing in this section prohibits a multifamily generator from preventing or reducing waste generation, managing food scraps and yard trimmings on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 2021-1 § 2 (Exh. A))

5-32.120 Organic waste haulers and facility operators.

A. Requirements for Haulers.

1. Franchisees providing residential, commercial, or industrial 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, franchise, or other authorization with the city to collect organic waste:

a. Through written notice to the city annually, in accordance with the city franchise, on or before June 30th, identify the processing facilities to which they will transport divertable materials.

b. Obtain approval from the city to haul food scraps and/or yard trimmings, unless it is transporting these materials to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 5-32.210, and Chapter 5-48 (Construction and Demolition Waste Recycling Program).

c. Comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or license issued by the city and within SB 1383 regulations.

B. Requirements for Facility Operators and Community Composting Operations.

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

2. Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty (60) days. (Ord. 2021-1 § 2 (Exh. A))

5-32.130 Organic waste commercial edible food generators.

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

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and amended Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 2021-1 § 2 (Exh. A))

5-32.140 Food recovery organizations and services – Regional agencies.

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 in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1st.

D. Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the city, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter time frame is otherwise specified by the city. (Ord. 2021-1 § 2 (Exh. A))

5-32.150 Illegal collection containers on private property.

A. It is unlawful for any private property owner to permit a collection container, including temporary collection service, which is not owned by the city franchisee to be located on the owner’s real property, except for self-haulers and persons as described in Section 5-32.060.

B. Any such illegal container is prohibited, a public nuisance, and is subject to removal pursuant to Chapter 7-04 (Nuisances) and the container may be impounded pursuant to Section 5-32.160. (Ord. 2021-1 § 2 (Exh. A))

5-32.160 Impound of illegal collection containers.

A. Any collection container, including a container used for temporary collection service, which is unlawfully deposited on city property by any person shall be subject to removal and impound by order of the City Manager or the City Manager’s designee. The owner of any container that is removed and impounded pursuant to this section shall be liable to the city for payment of an impound fee, the amount of which shall be fixed by council resolution, in addition to the payment of any other fees or expenses incurred for the storage of the container and/or the processing and safe disposal of the contents thereof.

B. The City Manager, or the City Manager’s designee, by written notice may require the removal of any container on city property. A notice shall be posted upon the container. The notice shall specify the violation and shall require the removal of the container within twenty-four (24) hours. Such notice shall be required one time only to any one owner of a container. Following such posting, it shall be conclusively presumed thereafter that the owner of the container has knowledge of the requirements of this section. If the container is not removed within twenty-four (24) hours, then the container is subject to impoundment.

C. Future placement of a container on city property by a person that has been previously notified of such violation shall be deemed to be in violation of the provisions of this section and such notice shall not be required to be posted on said container prior to impoundment by the city.

D. Written notice (if an address is ascertainable) shall be provided by the city, to the owner of the impounded container, of the impound charges and location of the stored container. A container that is unclaimed ninety (90) days after the notice required by this chapter, or after ninety (90) days if the owner cannot be ascertained, shall be donated by the city to the franchisee. (Ord. 2021-1 § 2 (Exh. A))

5-32.170 Dumping prohibited.

It is unlawful for any person to place, deposit, or dump MSW and/or divertable materials upon any private or public real property in the city, except in containers for collection services provided by the city’s franchisee. It is unlawful for any person to place, deposit or dump hazardous waste, medical waste, or abandoned vehicles, or parts thereof, upon any private or public real property in the city. (Ord. 2021-1 § 2 (Exh. A))

5-32.180 Scavenging prohibited.

It is unlawful for any person, other than the franchisee, to remove MSW and/or divertable materials from the franchisee’s collection containers, including containers for temporary collection service. It is unlawful for any person, other than a city employee, contractor or franchisee, to remove MSW and/or divertable materials from city receptacles. (Ord. 2021-1 § 2 (Exh. A))

5-32.190 Sanitary transportation of MSW and divertable materials.

No person shall convey or transport MSW and/or divertable materials upon or along any public street in the city unless such MSW and divertable materials are contained and/or covered or otherwise secured so as to prevent them from leaking, dripping, falling, blowing or scattering from the vehicle in which it is being conveyed or transported. All vehicles and equipment used in the transport of any form of MSW and divertable materials shall be kept clean. No person shall drain the liquid from any such vehicle upon any road or highway or upon any other land in the city. Persons hauling MSW and divertable materials on the city streets shall completely empty the MSW and divertable materials from their vehicles and/or disposal receptacles at the processing facility or permitted landfill, or re-cover them if they are not completely emptied, in order to prevent the scattering of residue on the return trip. (Ord. 2021-1 § 2 (Exh. A))

5-32.200 Days and hours of collection.

A. Single-family and multifamily collection shall be made only between the hours of seven a.m. and six p.m., Monday through Friday, and between seven a.m. and six p.m. on a Saturday following a holiday.

B. Commercial collection, excluding multifamily residential dwellings, shall be made only between the hours of six a.m. and six p.m., Monday through Friday, and between six a.m. and six p.m. on a Saturday following a holiday.

C. The City Manager or his/her designee may modify the days and hours of collection to address any public health, safety and welfare concerns. (Ord. 2021-1 § 2 (Exh. A))

5-32.210 Compliance with CalGreen recycling requirements.

A. Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen and incorporated as part of the city’s building code pursuant to Chapter 10-68, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply. Project applicants shall refer to the city’s building code for complete CALGreen requirements.

B. For projects covered by CALGreen, the applicants must, as a condition of the city’s permit approval, comply with the following:

1. Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen as amended; provided, that amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

2. New commercial construction or additions resulting in more than thirty (30) percent of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen, as amended; provided, that amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of yard trimmings, wood, food scraps, and recyclable materials in C&D from disposal in landfills. Comply with the city’s construction and demolition waste recycling program regulations, Chapter 5-48, and all written and published policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. (Ord. 2021-1 § 2 (Exh. A))

5-32.220 Compliance with landscape water efficiency ordinance requirements.

A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with Sections 2.5(H)(2)(b), (c), (d), and (g) of the Landscape Water Efficiency Guidelines established pursuant to Chapter 9-47 (incorporating 23 CCR Sections 492.6(a)(3)(B) (C), (D), and (G)), including sections related to the use of compost and mulch as delineated in this section.

B. The following compost and mulch use requirements that are part of Chapter 9-47 are now also included as requirements of this chapter. Other requirements of Chapter 9-47 are in effect and can be found in Ordinance No. 2016-1 (amending Chapter 9-47 and incorporating 23 CCR, Division 2, Chapter 2.7).

C. Property owners or their building or landscape designers that meet the threshold for landscape water efficiency compliance outlined in subsection A of this section shall:

1. Comply with Sections 2.5(H)(2)(b), (c), (d), and (g) of the Landscape Water Efficiency Guidelines established pursuant to Chapter 9-47, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

a. For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

b. For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2. The landscape water efficiency compliance items listed in this section are not an inclusive list of Chapter 9-47 requirements; therefore, property owners or their building or landscape designers that meet the threshold for landscape water efficiency compliance outlined in subsection A of this section shall consult Chapter 9-47 and the full Landscape Water Efficiency Guidelines for all requirements.

D. If, after the adoption of the ordinance enacting this section, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) in a manner that requires the city to incorporate the requirements of an updated model water efficiency landscape ordinance in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. (Ord. 2021-1 § 2 (Exh. A))

5-32.230 Inspection and investigation.

A. City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any containers and receptacles, collection vehicle loads, or processing facilities for materials collected from generators, or source separated materials to confirm compliance with this chapter by single-family generators, multifamily generators, commercial business generators, property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers and receptacles for compliance with Section 5-32.100(B), city may conduct container inspections for contamination using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Section 5-32.100(L).

B. 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 and receptacles, edible food recovery activities, records, or any other requirement of this chapter. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties.

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

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

E. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. (Ord. 2021-1 § 2 (Exh. A))

5-32.240 Enforcement.

A. General Penalties and Enforcement Actions.

1. Except as otherwise provided in this chapter, any person violating any provision of this chapter shall be punishable for an infraction pursuant to Chapters 1-32 (General Penalty) and/or 1-36 (Administrative Citations and Penalties), and the applicable requirements of 14 CCR Section 18997.2. Any person convicted of an offense under the provisions of this chapter shall be subject to punishment for a first conviction by a fine of not more than fifty dollars ($50.00), for a second conviction within a period of one year by a fine of not more than one hundred dollars ($100.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than two hundred fifty dollars ($250.00).

2. City will conduct inspections, route reviews or waste evaluations and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if the city determines that an owner, responsible party, generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service or other entity is not in compliance, it may provide educational materials to the entity describing its obligations under this chapter during calendar years 2022 and 2023 with a notice that compliance is required, rather than issuance of a notice of violation and assessment of penalties, except that the city may assess criminal and administrative civil penalties in the event that the city prosecutor determines that prosecution is warranted to deter egregious conduct. Commencing January 1, 2024, violations shall be subject to penalties.

3. Except for violations of contamination of container contents, which will be addressed through noncollection of containers and noticing by the franchisee, and violations subject to immediate administrative citation, city shall issue a notice to abate violations in accordance with Chapter 1-36 requiring compliance within a maximum of sixty (60) days of issuance of the notice. The city may extend the compliance deadlines set forth in a notice to abate violations if it finds that there are extenuating circumstances beyond the control of the noncompliant party that make compliance within the deadlines impracticable, as described in 14 CCR Section 18995.4, including the following:

a. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

b. Delays in obtaining discretionary permits or other government agency approvals; or

c. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

B. In addition, in the event any violation of this chapter constitutes an imminent danger to public health, safety or the environment, the City Manager or any agent or person designated by the City Manager may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include, but is not limited to, circumstances created by a disposal of solid or hazardous waste where such disposal creates a significant and immediate threat to the public health or safety, or the environment.

C. Violations of this chapter are deemed public nuisances, which may be abated by administrative, civil, or criminal action in accordance with the terms and provisions of this code and state law. All costs and fees incurred by the city because of any violation of this chapter, which constitutes a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated, and a personal obligation against the owner. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the County Assessor of a special assessment against the premises.

D. The city may utilize any and all other remedies as otherwise provided by Chapters 1-32 and 1-36 and California law to enforce the provisions of this chapter. (Ord. 2021-1 § 2 (Exh. A))