Chapter 8.16 REFUSE COLLECTION AND ORGANIC WASTE DISPOSAL REDUCTION

This chapter shall be titled “Refuse Collection and Organic Waste Disposal Reduction.” [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.020 Definitions.

The following words and phrases, for the purpose of this chapter, are defined and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning:

“Blue container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

“Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.

“Byproducts” means and includes:

1. All material produced, developed or generated incidental to the operation of any business, which is not the principal object of production of such business, but which material, due to its nature, can be sold by the producer thereof at a price greater than the cost of hauling such material to the point of delivery;

2. All material which, due to its nature, can be sold by the producer thereof, at the point of production, for a valuable consideration;

3. All material which the owner or producer thereof can, due to its nature, have removed from the premises without cost to such owner or producer;

4. All such materials as the City Council, by resolution, designates as byproducts.

“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 agent” means any person or corporation, or the employee or agent thereof, with whom the City may contract for the collection and/or disposal of garbage, rubbish, and other refuse.

“City Engineer” means the City of Lake Elsinore City Engineer or authorized designee.

“Combustible rubbish” means dry leaves or brush, paper, pasteboard, Christmas trees, carpet, rags, clothing, books, hair, hides, boots, shoes, straw and combustible packing, barrels, boxes, furniture and similar articles which will incinerate through contact with flames of ordinary temperature.

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

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

“Commercial solid waste” includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units.

“Commercial waste generator” means a business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more.

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

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

“Container” means any vessel, tank, receptacle, box or bin used or intended to be used for the purpose of holding garbage, and food waste.

“Corporations,” as hereinafter used, means and includes corporations, copartnerships, and all business enterprises, associations or organizations, however designated.

“Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

“Enforcement action” means an action by the City to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

“Enforcement Official” means the City Manager, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing the chapter.

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

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

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

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

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

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

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

“Food waste” means all kitchen and table scraps; animal and vegetable waste that is generated during or results from the storage, preparation, cooking or handling of foodstuffs; discarded paper that is contaminated with food waste; fruit waste, grain waste, dairy waste, meat and fish waste.

“Garbage” means all animal and vegetable refuse from kitchen or household waste, which shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food.

“Green container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

“Green waste” means tree and shrubbery trimmings, vegetation matter resulting from land clearing, grass cuttings, weeds, straw, leaves, wood chips, sawdust, garden organic materials and other discarded plant or vegetation material.

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

“Inspection” means a site visit where the Enforcement Official reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

“Junk” includes worn-out and discarded materials which may be turned to some use, but shall not include rubbish, byproducts, or salvage.

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

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

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

“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

“MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

“Noncombustible rubbish” means ashes, bottles, broken crockery, glass, tin cans and metallic substances which will not incinerate through contact with flames of ordinary temperature.

“Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

“Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

“Notice of violation (NOV)” means a notice that a violation of this chapter has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

“Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

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

“Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

“Place of business” means any hotel, motel, trailer court, restaurant, cafeteria, market, hospital, or any professional, commercial or industrial establishment where there is an accumulation of refuse.

“Printing and writing papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

“Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the City’s green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in a green container and/or blue container; and (4) excluded waste placed in any container.

“Recovered organic waste products” means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

“Recyclable materials,” “recyclable waste material,” and “recyclables” mean discarded materials such as, but not limited to, newspapers, glass, plastic and metal cans, and compostables which are separated from other garbage or refuse for the purpose of recycling.

“Recycled-content paper” means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

Refuse. When the term “refuse” is used singly in this chapter, it means and includes any and all types of rubbish, refuse, garbage or waste material defined in this chapter.

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

“Salvage” includes rubbish, from which articles of value or materials of value may be extracted, segregated, removed or developed.

“Self-hauler” means a person, who, in compliance with all applicable requirements of the municipal code, hauls solid waste, organic waste or recyclable material such person has generated directly to the appropriate facility, as required by this chapter. “Self-hauler” also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

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

“Solid waste” has the same meaning as defined in Public Resources Code Section 40191.

“Source separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, “source separated” shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

“Source separated blue container organic waste” means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).

“Source separated green container organic waste” means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, noncompostable paper, and textiles.

“Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste.

“Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

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

1. Supermarket;

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

3. Food service provider;

4. Food distributor;

5. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of “tier one commercial edible food generator” differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.

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

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

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

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

4. Large venue;

5. Large event;

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

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

If the definition in 14 CCR Section 18982(a)(74) of “tier two commercial edible food generator” differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.

“Transfer station” means the site where collected refuse may be transferred to vehicles which will haul the refuse to a disposal site.

“Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76). [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.030 Tampering.

All garbage, rubbish, and other refuse, whether combustible or noncombustible, including but not limited to paper, cardboard, metal, and like salvage material, when placed by the owner thereof outside of the building or structure wherein said material was produced, accumulated or found, shall be considered as having been placed in said area by the owner or authorized representative for collection and disposal by the City agent, and any removal, tampering or disturbance of said material by any person other than the owner or authorized representative, or any person holding a permit from the City Manager or the City agent authorizing the removal thereof, or the City agent, is a violation of this provision and shall be punishable as hereinafter provided. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.040 Storage of refuse.

No person shall dump, deposit, place or bury in or upon any lot, land, street, alley or public place, any garbage, rubbish, or other refuse, except it be in proper containers or receptacles, nor shall any person dump, deposit, place or throw any garbage, rubbish, or other refuse in any creek, stream, water, or waterway within the City; provided, that express approval to store or dispose of refuse in this manner may be given by the City Manager where circumstances so warrant. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.050 Unauthorized accumulation of refuse.

Any unauthorized accumulation of refuse on any premises is a nuisance and is prohibited, and failure to remove any existing accumulation of refuse within 30 days after the effective date of the ordinance codified in this chapter is a violation thereof. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.060 Scattering of refuse.

No person shall cast, place, sweep or deposit anywhere within the City any garbage, rubbish, or other refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, storm drain, parkway, or any other public place, or into any occupied premises within the City. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.070 Burning refuse.

No person shall burn any refuse in the City at any time. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.080 Containers – Requirements.

All containers used for the reception and removal of refuse shall be constructed of a durable material such as metal, plastic, processed cardboard, or material of similar strength. Containers which do not meet these requirements may be considered refuse and may be removed by the City agent.

When refuse, either from residents or from places of business, is of such nature that it cannot be placed in a container, it shall be carefully placed beside the refuse container(s) in securely tied bundles under 40 pounds of weight. Tree limbs, trunks, hedge cuttings, brush, and lumber shall not exceed four feet in length.

The City agent may waive the capacity limitation where covered bins are provided. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.090 Containers – Garbage and waste.

Garbage, food waste, and other refuse containing water or other liquids shall be drained before being placed in a container or receptacle. Matter which is subject to decomposition shall be wrapped in paper or other combustible material before being placed in a container or receptacle.

Refuse of the type set forth in this section shall be placed in a container or receptacle separate from other types of refuse, and said container or receptacle shall have a capacity of not less than 10 gallons and not more than 30 gallons.

The City agent may waive the capacity limitation where covered bins are provided. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.100 Containers – Refuse.

Except as provided in LEMC 8.16.090, all refuse containers and receptacles shall not exceed a total weight of 65 pounds when filled and set out for collection and shall be of such design and dimensions to be reasonably handled. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.110 Containers – Placement location.

The container or receptacle for the purpose of collection and removal of refuse shall be placed on the curb in front of the premises occupied by the person depositing same; provided, that if the premises adjoin an alley, the container or receptacle shall be located at the side of the alley nearest the premises; and provided further, that the City agent may designate some other location for the placement of a container or receptacle where such placement will expedite collection.

No person shall place a container or receptacle, or any refuse, in a public street or alley, except as hereinabove provided. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.120 Containers – Date and time of placement.

No person shall place, or cause to be placed, any refuse, or container or receptacle for refuse, in any public highway, or at any time other than the days established for the collection of such refuse on the particular route involved.

Refuse, or a container for refuse, shall be placed as hereinabove provided between 6:00 p.m. of the date prior to the collection date and 5:00 a.m. of the collection date.

All containers shall be removed from the place of collection within 12 hours after said containers have been emptied. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.130 Containers – Supervision by owner.

Each owner, occupant, tenant, or lessee of a house or building used for residential, business or commercial purposes shall maintain supervision and surveillance over the refuse containers on such person’s premises, and if the containers should not be emptied and the contents removed on the date and time scheduled by the City agent, such persons shall immediately notify the City agent. It shall be the duty of the City agent to forthwith arrange for the collection and disposal of said refuse. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.135 Containers – Damage by City agent.

The City agent shall be responsible for damage to containers caused by the City agent, its employees or agents. Any claim for damages must be submitted to the City agent concurrently with the City within 30 days of the alleged occurrence. In no way shall the City be responsible for any damage of any type caused by the City agent, its employees or agents.

Said agent to forthwith arrange for the collection and disposal of said refuse. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.140 Special collection – Nonconforming refuse.

Junk, salvage, and other refuse which exceeds the limitations hereinbefore set out may, at the discretion of the City agent, be scheduled for special collection upon the application of the owner of said refuse. Special collection charges may be assessed by the City agent for this service. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.150 Special collection – Contagious disease refuse.

The removal of wearing apparel, bedding or other refuse from homes, hospitals, or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Health Officer, and such refuse shall neither be placed in containers nor left for regular collection and disposal. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.160 Special collection – Inflammable, explosive or radioactive refuse.

Highly inflammable or explosive or radioactive refuse shall not be placed in containers for regular collection and disposal, but shall be removed under the supervision of the Fire Department at the expense of the owner or possessor of the material. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.170 Rules and regulations.

The City Manager shall have the authority to make such other reasonable rules and regulations concerning individual collection and disposal, and relating to the hauling of refuse or byproducts over City streets by private persons, or relating to the operation of a transfer section, as the City Manager shall find necessary, subject to the right of appeal from such order to the City Council. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.180 Dead animals.

No person shall place or deposit the body of any dead animal, fowl, reptile or fish upon public property.

Upon the order of the City, the City agent shall promptly remove the carcass of any dead animal, fowl, reptile, or fish to such places as shall be designated by the Health Officer.

Charges for the removal of said body shall be fixed by the City agent and shall be paid by the City, but only if removal was ordered by the City. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.190 Refusing collection.

The City agent shall not be required to remove refuse from the premises of any person who is in violation of any section of this chapter; provided, that whenever refuse is not collected, the City agent shall firmly attach to the container of said person a tag, at least two and one-eighth inches by five and three-fourths inches in size, upon which the City agent shall indicate the reason for refusing to collect said refuse, with reference to the provisions of this code or rules and regulations which form the basis of the refusal. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.200 Collection – City right.

The City, in order to more effectually promote and protect the public health and safety and to reduce the danger and hazards of fire and conflagrations, reserves unto itself or its designated City agent or agents, the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all refuse produced or found within the corporate limits of said City. It is unlawful for any person, firm, or corporation, except as provided in this chapter, to collect, transport or dispose of any refuse within the City. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987].

8.16.210 Collection – Selection of City agent.

The City Council shall select and enter into a contract with a qualified person(s) or corporation(s) engaged in the business of removing and disposing of refuse, and said person(s) or corporation(s) selected shall be known as the City agent(s) pursuant to this chapter. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.220].

8.16.220 Rates and charges – Schedule.

The rates and charges for refuse collection and disposal shall be established annually by resolution of the City Council; provided, that such charges shall take effect 30 days after the passage of said resolution. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.230].

8.16.230 Rates and charges – When payable.

Rates and charges shall be payable in advance on the first day of each month; provided, that special charges shall be due and payable when the service is rendered.

Rates and charges for service commenced during a month shall be payable in advance on a pro rata basis. For purposes of prorating, only periods in excess of 15 days shall be used. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.240].

8.16.240 Rates and charges – Collection.

Collection shall be accomplished by direct billing from the City, or at the option of the Council, the City agent may be designated to make such collection. In the event that the City agent shall make such collection, the procedure and other terms and conditions shall be as set forth in the contract with said City agent. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.250].

8.16.250 Rates and charges – Delinquent charges.

Any rate or charge shall become delinquent if not paid within 30 days of the time payment is due. Each delinquent account shall be charged a penalty of 10 percent of the monthly rate for each month the account is delinquent.

Except as hereinafter provided, refuse collection service shall be mandatory for all residences and business establishments lying wholly or partially within the corporate limits of the City. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.260].

8.16.260 Exemptions from service.

An owner, occupant or operator of property may file with the City a claim for exemption from service. Such claim shall be in writing and shall state why refuse collection service is unnecessary. The Enforcement Official shall investigate such claim and, within 15 days of receipt, grant or deny the claim. If the claim is denied, the decision may be appealed to the City Council, which shall review the claim and denial and shall render a final decision. If the claim is granted, the property shall be exempt from service for 12 months, after which service shall be resumed unless a new claim is filed.

The City reserves the right to make periodic inspections of property exempt from service. If exempt property, upon inspection, is found to present a public nuisance or a hazardous or unsanitary condition due to an accumulation of refuse, the exemption shall be revoked immediately and refuse collection service shall be resumed forthwith.

Rates and charges for refuse collection service shall be charged in all cases, unless an exemption is in effect. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.270].

8.16.270 Rates or charges a debt.

The rates or charges which are imposed pursuant to the provisions of this chapter shall constitute a debt due to the City agent for which the owner, occupant or operator of the property shall be jointly or severally liable. No person shall willfully fail, neglect, or refuse, after demand for payment, to pay said rates or charges. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.280].

8.16.280 Unlawful act.

No person or persons shall avoid, or conspire to avoid, or refuse collection service by placing refuse upon the property, or in the container, of another person, with or without the consent of the latter. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.290].

8.16.290 Disposal.

Disposal of refuse of all kinds shall be made outside of the City limits, unless otherwise specifically authorized by the City Manager. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.300].

8.16.300 Transfer of refuse.

Nothing in this chapter shall be construed to prevent the transfer of refuse within City limits from collection to disposal vehicles; provided, that such transfer stations should not be conducted in violation of any State, County or City law. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.310].

8.16.310 Use of vehicles.

Any persons who desire to operate privately owned vehicles on City streets for the business of collecting and/or disposing of refuse must obtain a permit for such operation from the City Manager. No permit may be granted where the said vehicles are not watertight, provided with a cover, and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped and spilled. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.320].

8.16.320 Appropriation of funds.

The City Council shall, from time to time, by resolution or minute order, appropriate such funds as are necessary to carry out the provisions of this chapter. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021; Ord. 810 § 1, 1987. Formerly 8.16.330].

8.16.330 Mandatory single-family recycling.

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

A. Shall subscribe to City’s organic waste collection services for all organic waste generated as described in subsection (B) of this section. City 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 a single-family generator shall adjust its service level for its collection services as requested 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. Shall participate in the City’s organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

1. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.340 Mandatory commercial recycling.

Commercial waste generators shall recycle and divert from the landfill recyclable materials generated by the business in accordance with this section.

A. Businesses subject to this section shall arrange for recycling services, consistent with State and local laws, rules, regulations and requirements, to the extent that these services are offered and reasonably available from a local service provider. A business subject to this section shall take at least one of the following actions:

1. Source separate recyclable materials from other solid waste and subscribe to a basic level of recycling service that includes collection, or other arrangements for the collection of the recyclable materials with the City’s authorized solid waste franchisee; or

2. Source separate recyclable materials from other solid waste and arrange for pickup of the recyclable materials for donation or sale. No fees of any sort may be paid for the recyclable materials, including for collection, hauling, or processing. Reasonable documentation of donation or sale activities, including donation or sale frequency, a description of recyclable materials being donated or sold, and tonnage records of recyclable materials being donated or sold must be submitted to the City Engineer upon request.

B. To comply with subsection (A) of this section, property owners or managers of multifamily dwellings may require tenants to source separate their recyclables from other solid waste. Tenants must source separate their recyclable materials as required by property owners or managers of multifamily dwellings subject to this section. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.350 Mandatory commercial organics recycling.

A. A business (including a multifamily dwelling of five or more units) that generates two cubic yards or more of commercial solid waste per week shall arrange for recycling services specifically for organic waste.

B. A business meeting the conditions of subsection (A) of this section shall take at least one of the following actions:

1. Source separate organic waste from other solid waste and subscribe to a basic level of organic waste recycling service with the City’s authorized solid waste franchisee;

2. Source separate organic waste from other solid waste and recycle its organic waste on site; or

3. Source separate organics from refuse and arrange for pickup of the organic waste for donation or sale for reuse or processing. No fees of any sort may be paid for the recyclable materials, including for collection, hauling, or processing. Reasonable documentation of donation or sale activities, including donation or sale frequency, a description of organic materials being donated or sold, and tonnage records of organic materials being donated or sold must be submitted to the City Engineer upon request.

C. A business that is a property owner may require a lessee or tenant of that property to source separate their organic waste from other solid waste, to aid in compliance with this section. Tenants must source separate their organic waste, as required by property owners or managers of property subject to this section. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.360 Organics and recycling containers.

Businesses shall provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. The containers provided by the business shall have either:

A. A body or lid that conforms with the container colors provided through the collection service provided by the City’s authorized franchisee; or

B. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.

Pursuant to 14 CCR Section 18984.9(b), multifamily residential dwellings are not required to comply with the container placement requirements or labeling requirements of this section. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.370 Contamination of organics and recyclables.

No person shall place in any container identified for recyclables or organic materials any material that would inhibit its recyclability or compostability. The containers designed for recyclables or organics shall be used only for recyclables or organics and no other material. Customers may be assessed a contamination fee in an amount determined by the City Council if persistent contamination occurs. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.380 Waivers for generators.

A. De Minimis Waivers. The City may, at its discretion, waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business:

1. Submits an application specifying the services that they are requesting a waiver from; and

2. Provides documentation that either:

a. The commercial business’s total solid waste 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 20 gallons per week per applicable container of the business’s total waste; or

b. The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business’s total waste; and

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

4. Provides written verification of eligibility for de minimis waiver every five years, if the City has approved de minimis waiver.

B. Physical Space Waivers. The City may, at its discretion, waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.

A commercial business or property owner 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 its 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. Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s three-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once per week. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.390 Requirements for commercial edible food generators.

A. Tier one commercial edible food generators must comply with the below requirements 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 the Enforcement Official to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

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

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

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

(1) The name, address and contact information of the food recovery service or food recovery organization;

(2) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization;

(3) The established frequency that food will be collected or self-hauled;

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

6. Commencing no later than January 1, 2022, for tier one commercial edible food generators and January 1, 2024, for tier two commercial edible food generators, commercial edible food generators shall provide a quarterly food recovery report to the City which includes the information required in 14 CCR Section 18991.4, “Record Keeping Requirements for Commercial Edible Food Generators.”

D. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.400 Model Water Efficient Landscaping 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 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section.

B. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter.

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

1. Comply with Sections 492.6(a)(3)(B), (C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

a. For landscape installations, compost at a rate of a minimum of four cubic yards per 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 MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this section shall consult the full MWELO for all requirements.

D. If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015, requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7, shall be enforced.

E. This section is in addition to and supplements the requirements of the City’s water efficient landscape requirements set forth in Chapter 19.08 LEMC. In the event of a conflict between Chapter 19.08 LEMC and this section, this section shall control. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.410 Compliance with CALGreen recycling requirements.

As applicable, all persons and/or entities subject to California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions of CALGreen, as amended July 1, 2019, and effective January 1, 2020:

A. Section 4.410.2, Recycling by Occupants Residential, and Section 5.410.1, Recycling by Occupants Non-Residential.

B. For organic waste commingled with construction and demolition debris, Section 4.408.1, Construction Waste Management Residential, and Section 5.408.1, Construction Waste Management Non-Residential.

If, after the adoption of this chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the City to incorporate the requirements in an updated local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.420 Procurement requirements for City departments, direct service providers, and vendors.

A. City departments, and direct service providers (as defined by 14 CCR Section 18982(a)(17)) to the City, as applicable, must comply with the City’s recovered organic waste product procurement policy and recycled-content paper procurement policy.

B. All vendors providing paper products and printing and writing paper shall:

1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of nonrecycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than nonrecycled items.

2. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standards as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

5. Provide records to the City Manager or designee, of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (B)(3) and (B)(4) of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled-content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.430 Inspection and investigation by City.

A. City representatives, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials, to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, 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.

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

C. Any records obtained by a City during its inspections 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, including designees, are authorized to conduct any inspections 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. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

8.16.440 Enforcement.

A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an Enforcement Official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines set forth in Chapter 1.20 LEMC are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated in this chapter.

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

C. Enforcement pursuant to this chapter may be undertaken by the Enforcement Official, the City’s legal counsel, or combination thereof.

D. Process for Enforcement.

1. Enforcement Officials will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program.

2. The City may issue an official notification to notify regulated entities of its obligations under this chapter.

3. City shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the notice of violation, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.20 LEMC regarding administrative citations.

Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or, if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

E. Penalty Amounts for Types of Violations.

1. For a first violation, the amount of the base penalty shall be $100.00 per violation.

2. For a second violation, the amount of the base penalty shall be $200.00 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation.

F. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

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

G. Appeals Process. Consistent with Chapter 1.20 LEMC, persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.

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

I. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter and State law, as needed. [Ord. 1464 § 1, 2021; Ord. 1463 § 1, 2021].

For State law as to garbage and refuse disposal generally, see Health and Safety Code § 4100 et seq. As to authority of City to enter into garbage disposal contracts, see Health and Safety Code § 4250.