Chapter 7.04
SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE DISPOSAL
Sections:
7.04.020 Collection by unauthorized persons prohibited.
7.04.030 Illegal dumping and burning of solid waste.
7.04.040 Storage of solid waste on premises—Containers required.
7.04.050 Scavenging and removal of recyclable materials prohibited.
7.04.060 Prohibited container contaminants.
7.04.070 Regular solid waste removal required—Source separation required.
7.04.080 Requirements for commercial businesses.
7.04.090 Waivers for commercial business.
7.04.100 Requirements for commercial edible food generators.
7.04.110 Requirements for food recovery organizations and services.
7.04.130 Self-hauler requirements.
7.04.150 Enforcement and penalties.
7.04.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) "Authorized collector" means such persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste (other than solid waste generated by a permitted building project) originating in the city and doing so under a contract or franchise agreement with the city.
(2) "Back-haul" means generating and transporting organic materials to a destination owned and operated by the generator using the generator’s own employees and equipment, as defined in 14 CCR Section 189881(a)(66)(A).
(3) "California Code of Regulations" or "CCR" means the State of California Code of Regulations.
(4) "City" means the city of Menlo Park.
(5) "City enforcement official" means the city manager or designee.
(6) "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 dwelling that consists of five (5) or more units, as further defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of this chapter.
(7) "Commercial edible food generator" means a tier one or tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.
(8) "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 (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4).
(9) "Edible food" means food intended for human consumption, as further defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter, edible food is not solid waste 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.
(10) "Edible food recovery" means actions to collect, receive, and/or redistribute edible food for human consumption from tier one and tier two commercial edible food generators that otherwise would be disposed.
(11) "Exempt waste" means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, and those wastes under the control of the Nuclear Regulatory Commission.
(12) "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 as part of food recovery either directly or through other entities as further defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(A) A food bank as defined in Section 113783 of the Health and Safety Code;
(B) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
(C) 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.
(13) "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, as further 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.
(14) "Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. "Food scraps" excludes fats, oils, and grease when such materials are source separated from other food scraps.
(15) "Generator" means any person that is responsible for the initial creation of solid waste or organic materials at any premises, and includes an "organic waste generator" as defined in 14 CCR Section 18982(a)(48).
(16) "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.
(17) "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, 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, a site under common ownership or control that includes more than one (1) venue that is contiguous with other venues in the site is a single venue.
(18) "Multifamily residential dwelling" or "multifamily" means a residential premises with five (5) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities.
(19) "Organic waste" means solid waste 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, as further defined in 14 CCR Section 18982(a)(46).
(20) "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, as further defined in 14 CCR Section 18982(a)(48).
(21) "Prohibited container contaminants" means (A) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the authorized collector’s designated recyclables collection container; (B) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the authorized collector’s designated organic materials collection container; and (C) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in authorized collector’s designated organic materials collection container and/or designated recyclables collection container; and (D) exempt waste placed in any container.
(22) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b).
(23) "Recyclable materials" or "recyclable" shall mean nonhazardous residential, commercial, or industrial materials or byproducts that are suitable for recycling as defined by the authorized collector.
(24) "Self-haul" means the act of a person hauling the solid waste, organic waste, or recovered material that that such person has generated to another person. A "self-hauler" is any person who self-hauls their own solid waste, organic waste or recovered material and also includes a person who back-hauls waste, as defined in 14 CCR Section 18982(a)(66).
(25) "Single-family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
(26) "Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include: hazardous waste, as defined in the State Public Resources Code Section 40141, radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code), medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code), or exempt waste.
(27) "Source separate" means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, as defined in 14 CCR Section 17402.5(b)(4).
(28) "Tier one commercial edible food generator" means a commercial edible food generator that is one (1) of the following, as defined in 14 CCR Section 18982(a):
(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.
(29) "Tier two commercial edible food generator" means a commercial edible food generator that is one (1) of the following, as defined in 14 CCR Section 18982(a):
(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 one hundred (100) or more beds.
(D) Large venue.
(E) Large event. (Ord. 1079 § 2, 2021).
7.04.020 Collection by unauthorized persons prohibited.
Collection, removal and disposal of solid waste within the city may be performed by the public works department, parks department, or the authorized representatives of the authorized collector with whom the city has entered into a contract for the collection, removal and disposal of solid waste. It shall be a violation of this chapter for any person other than those expressly permitted by this section to remove, or convey, or cause or permit to be removed or conveyed, any solid waste upon or along any public street or alley or other public place in a manner that is inconsistent with this chapter. However, this section shall not apply to any person conveying solid waste collected outside the city, nor be deemed to prohibit an individual from exercising their rights to self-haul solid waste to solid waste facilities and other locations pursuant to this chapter, nor the right to divert recyclable material or organic materials so long as the diversion otherwise complies with this chapter. (Ord. 1079 § 2, 2021).
7.04.030 Illegal dumping and burning of solid waste.
(a) No person shall dump, place, burn or bury in any lot, land, street or alley, or in any water or waterway or elsewhere within the city any solid waste.
(b) No person shall place, deposit, dump or throw solid waste on any lands within the city, except in a properly covered container designated by the city or by the authorized collector for the collection of such solid waste.
(c) It is unlawful for any person to dump or deposit any garbage, rubbish, trash, leaves, branches, clippings, or any other solid waste or any other matter of any kind into any stormdrain within the limits of the city. (Ord. 1079 § 2, 2021).
7.04.040 Storage of solid waste on premises—Containers required.
No person shall store or accumulate any solid waste on any premises except for in an enclosed, durable storage container designed for such purposes, nor store or accumulate solid waste on any premises in a manner that would promote the propagation, harborage or attraction of vectors, create foul odors, or otherwise create a nuisance. (Ord. 1079 § 2, 2021).
7.04.050 Scavenging and removal of recyclable materials prohibited.
No person, other than the authorized collector, shall tamper with or remove recyclable materials or solid waste which has been placed in any collection bin designated by the authorized collector of city for the purposes of collection of such materials.
Nothing in this chapter shall limit the right of any person to donate, sell or otherwise dispose of his or her own recyclable materials. (Ord. 1079 § 2, 2021).
7.04.060 Prohibited container contaminants.
No person shall place any prohibited container contaminant into any collection container serviced by the authorized collector. (Ord. 1079 § 2, 2021).
7.04.070 Regular solid waste removal required—Source separation required.
(a) Every person occupying or having charge or control of any premises where there is any accumulation of solid waste shall cause the same to be so removed or disposed of at least once each calendar week. Except for permitted self-haulers who self-haul waste all solid waste generated on the premises in accordance with the self-hauling requirements of Section 7.04.130, each owner and occupant of any premises in the city shall ensure that such premises are subscribed to solid waste collection services from the authorized collector.
(b) Every person depositing solid waste for collection with authorized collector shall source separate their solid waste and place materials in the appropriate collection containers designated by the authorized collector for collection of organic waste, recyclable materials, and remaining solid waste. (Ord. 1079 § 2, 2021).
7.04.080 Requirements for commercial businesses.
(a) Each owner, operator, or manager of a commercial business shall ensure the proper separation of solid waste generated on such premises, as required by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site follow source separation requirements related to solid waste as required by the authorized collector. Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall prohibit employees from placing materials in a container not designated for those materials, and shall periodically inspect containers for organic waste and inform employees of requirements to ensure such containers are only used for organic waste.
(b) Each owner, operator, or manager of a commercial business shall supply an adequate number, size, and location of collection containers with sufficient labels or colors designating the appropriate material for deposit in accordance with source separation requirements of the authorized collector for the employees, contractors, tenants, and customers of the commercial premises.
(c) Each owner, operator, or manager of a commercial business shall annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.
(d) Each owner, operator, or manager of a commercial business shall provide educational information within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage and the location of collection containers and the rules governing their use at each property.
(e) Each owner, operator, or manager of a commercial business shall cooperate with the authorized collector’s monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate compliance.
(f) Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall provide containers meeting the requirements of 14 CCR Section 18984.9 for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated on site. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one (1) type of collection container, then it is not required to provide that type of container in all areas where disposal collection containers are provided for customers.
(g) If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements in Section 7.04.130. (Ord. 1079 § 2, 2021).
7.04.090 Waivers for commercial business.
(a) The city manager may grant waivers to commercial business for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their request in a form specified by the city manager. After reviewing the waiver request, and after an on-site review, if applicable, the city manager may either approve or deny the following waiver requests. Anyone granted a waiver shall provide written verification of eligibility for a waiver at least every five (5) years, and shall notify the city if circumstances change such that they are no longer eligible for such waiver, in which case waiver will be rescinded.
(b) De Minimis Waivers. The city manager may waive obligations of a commercial business to comply with the collection service and source separation requirements of Section 7.04.100 if the commercial business meets the following requirements:
(1) Submits an application specifying the type of waiver requested and provide documentation as described below.
(2) Provide documentation that either:
(A) The commercial business receives two (2) or more cubic yards of weekly solid waste collection service and disposed organic materials subject to collection comprises less than twenty (20) gallons per week of the business’s total weekly solid waste collection service volume; or
(B) The commercial business receives less than two (2) cubic yards of weekly solid waste collection service and disposed organic materials subject to collection comprises less than ten (10) gallons per week of the business’s total weekly solid waste collection service volume.
(3) For the purposes of subsections (b)(2)(A) and (b)(2)(B) of this section, total weekly solid waste collection service shall be the sum of weekly garbage collection container volume, recyclable material collection container volume and organic materials collection container volume, measured in cubic yards.
(c) Physical Space Waivers. The city may waive a property owner’s obligations to comply with the collection service and source separation requirements of Section 7.04.100 if the city has evidence from its own staff, authorized collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with collection service requirements. A 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 waiver from mandatory collection service.
(2) Provide documentation that the premises lack adequate space for the recyclable materials collection containers and/or organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer. (Ord. 1079 § 2, 2021).
7.04.100 Requirements for commercial edible food generators.
(a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply with this section commencing January 1, 2024. 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.
(b) 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, via written agreement with a food recovery organization or food recovery service.
(2) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(3) Allow the city enforcement official or official designated by the county of San Mateo for enforcement of this chapter to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the city or the county of San Mateo office of sustainability.
(4) Keep records that include the following information:
(A) A list of each food recovery organization or a food recovery service that collects or receives edible food from the tier one or tier two commercial edible food generator.
(B) A copy of all contracts or written agreements for edible food recovery with any food recovery services or food recovery organization.
(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 schedule or frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds, recovered per month.
(5) No later than June 30th of each year, commencing in 2022 for tier one commercial edible food generators and in 2024 for tier two commercial edible food generators, each commercial edible food generator shall provide an annual report to the county of San Mateo office of sustainability, using forms provided by that office, the following information: a list of all contracts with food recovery organizations and food recovery services, the amount and type of edible food donated to food recovery organizations and food recovery services, the schedule of edible food pickup by food recovery organizations and food recovery services, a list of edible food categories they generate that are not accepted by the food recovery organizations and food recovery services with whom they contract, the contact information for the manager and all staff responsible for edible food recovery, and documentation that all staff responsible for edible food recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. Commercial edible food generators shall review the guidance and templates located on the county of San Mateo office of sustainability website.
(6) Mandate their edible food recovery staff learn and follow the donation guidelines and attend trainings conducted by food recovery organizations or food recovery services with which they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.
(7) Commercial edible food generators who self-haul edible food shall require those transporting edible food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food.
(c) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 1079 § 2, 2021).
7.04.110 Requirements for food recovery organizations and services.
(a) Food recovery services operating in the city shall maintain the following records:
(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 by type collected from each commercial edible food generator per month.
(3) The quantity in pounds of edible food by type transported to each food recovery organization or redistribution site per month.
(4) The name, address, and contact information for each food recovery organization or redistribution site that the food recovery service transports edible food to.
(b) Food recovery organizations operating in the city and collecting or receiving edible food directly from any commercial edible food generator or receiving edible food from food recovery services or from other food recovery organizations, shall maintain the following records:
(1) The name, address, and contact information for each commercial edible food generator, food recovery service, or other food recovery organization from which the organization receives edible food.
(2) The quantity in pounds of edible food by type collected or received from each commercial edible food generator, food recovery service, or other food recovery organization per month.
(3) The name, address, and contact information for other food recovery organizations or redistribution sites that the food recovery organization transports edible food to for edible food recovery.
(c) Food recovery organizations and food recovery services operating in the city shall inform tier one and tier two commercial edible food generators from which they collect or receive edible food about California and federal Good Samaritan Food Donation Act protections in written communications, such as in their contract or agreement.
(d) Commencing no later than July 1, 2022, food recovery organizations and food recovery services operating in the city and receiving edible food from commercial edible food generators or any other source shall report to county of San Mateo office of sustainability, using forms provided by that office, the following: a detailed report of the information collected as required under this section, including weight in pounds by type and source of edible food, the schedule/frequency of pickups/drop-offs of edible food from/to each edible food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support edible food recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up to date list of commercial edible food generators with whom they have contracts or agreements established. This report shall be submitted quarterly, or at the discretion of the county of San Mateo office of sustainability, less frequently, and shall cover the activity that occurred since the period of the last submission.
(e) Food recovery organizations and food recovery services operating in the city shall contact the county of San Mateo office of sustainability to discuss the requirements of this chapter before establishing new contracts or agreements with commercial edible food generators.
(f) Contracts between food recovery organizations and food recovery services and tier one and tier two commercial edible food generators shall either:
(1) Use the Model Food Recovery Agreement developed by CalRecycle, and include a clause requiring the food recovery organization or food recovery service to report to the commercial edible food generators with whom they have contracts the annual amount of edible food recovered and to inform them of the tax benefits available to those who donate edible food to nonprofits; or
(2) Include in their contracts the following elements:
(A) List of allowable foods the food recovery organization or food recovery service will receive.
(B) List of foods not accepted by the food recovery organization or food recovery service.
(C) Conditions for refusal of food.
(D) Food safety requirements, training, and protocols.
(E) Transportation and storage requirements and training.
(F) A protocol for informing the commercial edible food generator of a missed or delayed pickup.
(G) Notice that donation dumping is prohibited.
(H) Provisions to collect sufficient information to meet the record-keeping requirements of this chapter.
(I) Fees/financial contributions/acknowledgement of terms for the pickup and redistribution of edible food.
(J) Terms regarding supplying information to the commercial edible food generators with the annual amount of edible food recovered and informing them of the tax benefits that may be available to those who donate edible food to nonprofits.
(K) Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for edible food recovery.
(L) Food recovery organizations accepting self-hauling of edible food from commercial edible food generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self-hauler must follow for the edible food to be accepted.
(g) Contracts between commercial edible food generators and food recovery organizations or food recovery services shall not include any language prohibiting commercial edible food generators from contracting or holding agreements with multiple food recovery organizations or food recovery services listed on the county of San Mateo office of sustainability website.
(h) Food recovery organizations and food recovery services operating in the city shall demonstrate that all persons involved in the handling or transport of edible food, including volunteers and contracted workers using their own vehicles, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.
(i) Food recovery organizations and food recovery services operating in the city shall use appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of edible food recovered from commercial edible food generators during transportation of edible food.
(j) Food recovery organizations and food recovery services operating in the city shall provide documentation to the county of San Mateo office of sustainability that all redistribution sites which are not themselves food recovery organizations to which they deliver edible food have a feeding or redistribution program in place to distribute, within a reasonable time, all the edible food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.
(k) Food recovery organizations and food recovery services operating in the city shall visually inspect all edible food recovered or received from a commercial edible food generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, food recovery organizations and food recovery services shall immediately notify the county of San Mateo office of sustainability using the process found on the county of San Mateo office of sustainability’s website. The notice shall include:
(1) The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.
(2) The date and time such food was identified.
(3) The name, address and contact information for the commercial edible food generator which provided the food.
(4) The date and time the food was picked up or received.
(5) A brief explanation of why the food was rejected or refused.
(l) Food recovery organizations and food recovery services operating in the city shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to commercial edible food generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption.
(m) In order to support edible food recovery capacity planning assessments or other such studies, food recovery services and food recovery organizations operating in the city shall provide information to the city and county of San Mateo office of sustainability upon request, regarding existing, or proposed new or expanded, edible 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 or county of San Mateo office of sustainability shall respond to such requests for information within sixty (60) days.
(n) Allow the city enforcement official or county of San Mateo office of sustainability to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the city manager or designee. (Ord. 1079 § 2, 2021).
7.04.120 Requirements for authorized collector, facility operators recovering organic waste, and community composting.
(a) Any authorized collector providing residential, commercial, or industrial organic materials collection services to generators within the city’s boundaries shall:
(1) Provide written notice to the city annually on or before January 31st, identifying the facilities to which they will transport solid waste including facilities for source separated recyclable materials and source separated organic materials.
(2) Transport source separated recyclable materials and source separated organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(3) Obtain approval from the city to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR Section 18989.1 and Chapters 12.18 and 12.48.
(4) Comply with other requirements contained within its franchise agreement.
(b) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon request by the city, 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. Such owners contacted by the city shall respond within sixty (60) days of a request.
(c) Any owner or operator of a community composting site, upon request by the city, 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 site. Such persons contacted by the city shall respond within sixty (60) days of a request. (Ord. 1079 § 2, 2021).
7.04.130 Self-hauler requirements.
(a) Any generator of solid waste may personally haul the same in a vehicle owned by, or in the lawful possession of, the generator of such solid waste, to a lawful disposal facility outside of the city limits, subject to the following requirements:
(1) Self-haulers, including back-haulers, must source separate and transport organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials.
(2) Self-haulers, including back-haulers, must source separate and transport recyclable materials to a solid waste facility, operation, activity, or property that processes or recovers those materials.
(3) Self-haulers that are commercial businesses shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; this record shall be subject to inspection by the city. The records shall include the following information:
(A) Delivery receipts and weight tickets from the entity accepting the waste. 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 materials.
(B) The amount of material in cubic yards or tons transported by the generator to each entity.
(4) Self-haulers must complete and retain on site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the city manager.
(5) Except for commercial edible food generators that are self-hauling edible food to a food recovery organization or food recovery service and back-haulers, obtain a permit for self-hauling issued by the city manager prior to self-hauling. The city manager may issue the permit only if the person requesting a self-haul permit satisfies the following requirements:
(A) Produces for inspection the vehicle that such person owns or leases and intends to use for hauling solid waste, and which is capable of safely hauling sold waste and organic waste in a safe and sanitary manner so that it is covered and so that such matter will not spill, leak, drip, blow, scatter or fall from the vehicle;
(B) Produces evidence that such person has a valid California driver’s license to operate the vehicle produced for inspection, that the vehicle is currently registered in the state of California, and a certificate of automobile insurance for the vehicle;
(C) Provides proof that the applicant has containers for the storage of solid waste on the applicant’s property before the materials are self-hauled to a disposal facility; and
(D) Pays the fee for a self-hauling permit authorized by resolution of the city council.
(b) This section is permissive and does not relieve any owner or occupants of property of the requirements of compliance with regular and routine disposal of all solid waste generated on the premises at least once per week as set forth in Section 7.04.070. Nothing in this chapter shall prohibit any generator from regularly disposing of garbage, recyclable material, or organic materials at a solid waste facility, by self-hauling in a manner conforming to this section. (Ord. 1079 § 2, 2021).
7.04.140 Inspections.
Any city enforcement officer and any officer designated by the county of San Mateo is authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. (Ord. 1079 § 2, 2021).
7.04.150 Enforcement and penalties.
(a) Any violation of this chapter shall be an infraction and a public nuisance and may be punished or enforced in accordance with the provisions of Section 1.12.010 or abated in the manner provided by Chapter 8.04. Three (3) or more subsequent violations of this chapter by the same person or persons within a twelve (12) month period may be charged and prosecuted as a misdemeanor. Any city enforcement officer shall have the duty and authority to enforce the provisions of this chapter. In addition, any violation shall be subject to the issuance of administrative citation and imposition of administrative fine in the following amounts, in accordance with Government Code Section 53069.4:
(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;
(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of this code within any twelve (12) consecutive month period;
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of this code within any twelve (12) consecutive month period.
Administrative citations issued by the city enforcement officer for violations of this chapter shall be issued in accordance with and subject to all of the notice, payment, appeal, hearing, late payment, collection, and judicial review provisions applicable to administrative citations that are set forth in Section 8.57.030(g) through (m).
(b) Enforcement by County. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of an administrative fine by any enforcement official designated by the county of San Mateo. Absent compliance within the deadline set forth in the notice of violation, the designated official of the county of San Mateo may commence an action to impose penalties, via an administrative citation and fine. The enforcement official designated by the county may elect to issue the administrative citation pursuant to either (1) the procedures adopted by the county of San Mateo for issuance of administrative citations, or (2) the procedures set forth above for the issuance of administrative citations by the city enforcement official. The citation shall include a description of the administrative citation appeal process, the time within which the administrative citation may be contested, and instructions for requesting a hearing. The amount of any administrative fine imposed by the county’s designated enforcement official shall not exceed the fine amount that could have been imposed by the city’s enforcement official if such violation was being prosecuted by the city’s enforcement official.
(c) Any official charged with enforcement of this chapter may extend the compliance deadlines set forth in a notice of violation or citation there are extenuating circumstances beyond the control of the violator 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.
(d) Educational Period. Between January 1, 2022, and through December 31, 2023, any official charged with enforcement of this chapter shall provide educational materials describing obligations under this chapter to any generator, self-hauler, authorized collector or other hauler, commercial edible food generator, food recovery organization, food recovery service, or other person or entity regulated by this chapter that is determined to violate any obligation imposed under this chapter, and shall also provide notice that future violations may be subject to administrative penalties. Any official charged with enforcement of this chapter may do so in lieu of issuing a notice of violation or an administrative citation; however, nothing herein shall limit the authority of such official to take any other enforcement actions as permitted under this chapter.
(e) Nothing herein shall be interpreted to limit or exclude any other remedies available to the city under this code or otherwise allowed by law, including civil action or prosecution as misdemeanor or infraction. Any such storage, collection, or accumulation of solid waste on a premises outside of the manner permitted under this chapter shall be deemed a nuisance and subject to summary abatement under Section 38773 of the Government Code, and costs of abatement shall be subject to being imposed as a lien against the property. (Ord. 1079 § 2, 2021).