Chapter 9.17 REDUCTION OF SHORT-LIVED CLIMATE POLLUTANTS

Chapter 9.17
REDUCTION OF SHORT-LIVED CLIMATE POLLUTANTS

Sections:

9.17.010 Purpose.

9.17.020 Definitions.

9.17.030 Requirements for single-family premises.

9.17.040 Requirements for multifamily residential dwellings.

9.17.050 Requirements for commercial businesses.

9.17.060 Waivers for multifamily premises and commercial premises.

9.17.070 Requirements for commercial edible food generators.

9.17.080 Requirements for food recovery organizations and services.

9.17.090 Requirements for haulers and facility operators.

9.17.100 Compliance with CALGreen recycling requirements.

9.17.110 Model water efficient landscaping ordinance requirements.

9.17.120 Inspections and investigations by the city.

9.17.130 Enforcement.

9.17.140 Effective date.

9.17.010 Purpose.

This chapter sets forth a variety of provisions required by the Short-Lived Climate Pollutant Reduction Act and is intended to reduce organic waste in landfills.

This chapter also helps reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption. [Ord. 21-031 § 2, 2021].

9.17.020 Definitions.

(a) “Alternative daily cover (ADC)” has the same meaning as in Section 20690 of Title 27 of the California Code of Regulations.

(b) “Alternative intermediate cover (AIC)” has the same meaning as in Section 20700 of Title 27 of the California Code of Regulations.

(c) “Bulky item” means discarded appliances (including refrigerators), furniture, tires, carpets, mattresses, yard trimmings and/or wood waste, and similar large items which can be handled by two people, weigh no more than 200 pounds, and require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky items must be generated by the customer and at the service address wherein the bulky items are collected. Bulky items do not include abandoned automobiles, large auto parts, trees, construction and demolition debris, or items herein defined as excluded waste.

(d) “CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others).

(e) “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).

(f) “City” means the city of Pacific Grove, a municipal corporation acting through its city council, and all the territory lying within the municipal boundaries of the city.

(g) “City enforcement official” means the city manager, chief operating officer, executive director, or other executive in charge or their authorized person(s) who is/are partially or wholly responsible for enforcing this chapter.

(h) “Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or industrial facility.

(i) “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

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

(k) “Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).

(l) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this 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.

(m) “Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

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

(o) “C&D” means construction and demolition debris.

(p) “Designated waste” means nonhazardous waste which may pose special disposal problems because of its potential to contaminate the environment, and which may be disposed of only in Class II disposal sites or Class III disposal sites pursuant to a variance issued by the California Department of Health Services. Designated waste consists of those substances classified as designated waste by the state, in California Code of Regulations Title 23, Section 2522, as may be amended from time to time.

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

(r) “Discarded materials” means solid waste, recyclable materials, organic materials, and C&D placed by a generator in a receptacle and/or at a location for the purposes of collection by contractor, excluding excluded waste.

(s) “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.

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

(u) “Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city’s or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Excluded waste” does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.

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

(w) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

(x) “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).

(y) “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.

(z) “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).

(aa) “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.

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

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

(dd) “Food waste” means food scraps, food-soiled paper, and compostable plastics.

(ee) “Food waste self-hauler” means a self-hauler who generates and hauls, utilizing their own employees and equipment, an average of one cubic yard or more per week, or 6,500 pounds or more per quarter, of their own food waste to a location or facility that is not owned and operated by that self-hauler. Food waste self-haulers are a subset of self-haulers.

(ff) “Generator” means a person or entity that is responsible for the initial creation of one or more types of discarded materials.

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

(hh) “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).

(ii) “Hazardous substance” means any of the following: (1) any substances defined, regulated or listed (directly or by reference) as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic waste,” “pollutant,” or “toxic substances,” or similarly identified as hazardous to human health or the environment, in or pursuant to: (A) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC Section 9601 et seq. (CERCLA); (B) the Hazardous Materials Transportation Act, 49 USC Section 1802, et seq.; (C) the Resource Conservation and Recovery Act, 42 USC Section 6901 et seq.; (D) the Clean Water Act, 33 USC Section 1251 et seq.; (E) California Health and Safety Code Sections 25115 through 25117, 25249.8, 25281, and 25316; (F) the Clean Air Act, 42 USC Section 7901 et seq.; and (G) California Water Code Section 13050; (2) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and (3) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyls (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

(jj) “Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

(kk) “Infectious waste” means (1) equipment, instruments, utensils and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies; (2) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; and/or (3) surgical operating room pathologic specimens, including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas and emergency rooms, as defined in 14 CCR Section 17225.36.

(ll) “Inspection” means a site visit where a city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid 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).

(mm) “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 to this chapter.

(nn) “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 to this chapter.

(oo) “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).

(pp) “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.

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

(rr) “Nonlocal entity” means the following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

(1) Special district(s) located within the boundaries of the city.

(2) Federal facilities, including military installations, located within the boundaries of the city.

(3) Facilities operated by the state park system located within the boundaries of the city, including Asilomar Conference Grounds.

(4) State agencies located within the boundaries of the city, including California state parks.

(ss) “Notice of violation (NOV)” means a notice that a violation 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.

(tt) “Organic materials” means yard trimmings, food scraps, and food-soiled papers that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing.

(uu) “Organic materials container” shall be used for the purpose of storage and collection of source-separated organic materials.

(vv) “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).

(ww) “Owner” means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the county assessor.

(xx) “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).

(yy) “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).

(zz) “Premises” means and includes any land, building and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel, which are owned by the same person shall be considered as one premises.

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

(bbb) “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).

(ccc) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

(ddd) “Recyclable materials” means discarded materials set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of recycling. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials, and solid waste. Recyclable materials shall include, but not be limited to, newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, colored paper legal pad backings, shoe boxes, cereal, and other similar food boxes), chipboard, corrugated cardboard, glass containers of any color (including brown, clear, and green glass bottles and jars), aluminum (including beverage containers and small pieces of scrap metal), steel, tin, or bi-metal cans, rigid plastics with a neck, and those materials added by the service provider from time to time.

(eee) “Recyclable materials container” shall be used for the purpose of storage and collection of source-separated recyclable materials.

(fff) “Regional agency” means regional agency as defined in Public Resources Code Section 40181.

(ggg) “Regional or county agency enforcement official” means a regional or county agency enforcement official, designated by the city with responsibility for enforcing this chapter in conjunction or consultation with city enforcement official.

(hhh) “Remote monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

(iii) “Renewable gas” means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

(jjj) “Residential” shall mean of, from, or pertaining to a single-family premises or multifamily premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

(kkk) “Responsible party” means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, “responsible party” shall mean the owner of a single-family premises, multifamily premises, or commercial premises.

(lll) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

(mmm) “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).

(nnn) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

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

(ppp) “Self-haul” means to act as a self-hauler.

(qqq) “Self-hauler” means a person who hauls solid waste, organic waste or recyclable material they have generated to another person. “Self-hauler” also includes a landscaper, or a person who back-hauls waste. “Back-haul” means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator’s or responsible party’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

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

(sss) “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 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the state Public Resources Code Section 40141.

(2) Radioactive waste regulated pursuant to the state Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the state Health and Safety Code).

(3) Medical waste regulated pursuant to the state Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the state Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in state Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the state Public Resources Code.

(4) Recyclable materials, organic waste, and construction and demolition debris when such materials are source separated.

(ttt) “Solid waste container” shall be used for the purpose of storage and collection of solid waste.

(uuu) “Source separated” or “source-separated (materials)” means materials, including commingled recyclable materials and organic 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 the chapter, “source separated” shall include separation of materials by the generator, responsible party, or responsible party’s employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.

(vvv) “Source-separated organic materials” means organic materials that are source separated and placed in an organic materials container.

(www) “Source-separated recyclable materials” means recyclable materials that are source separated and placed in a recyclable materials container.

(xxx) “State” means the state of California.

(yyy) “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).

(zzz) “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 to this chapter.

(aaaa) “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 to this chapter.

(bbbb) “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 189852(a)(76).

(cccc) “Yard waste” or “yard trimmings” means those discarded materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste. Yard trimmings are a subset of organic materials. [Ord. 21-031 § 2, 2021].

9.17.030 Requirements for single-family premises.

(a) Responsible parties of single-family premises shall comply with the following requirements:

(1) Subscribe to and pay for city’s three-container collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services as described in subsection (a)(2) 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. The responsible parties for single-family premises shall adjust their service level for their collection services as requested by the city.

(2) Participate in the city’s three-container collection service(s) in the manner described below.

(A) Place and/or direct its generators to place source-separated organic materials, including food waste, in the organic materials container; source-separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

(B) Not place and/or direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

(b) Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). [Ord. 21-031 § 2, 2021].

9.17.040 Requirements for multifamily residential dwellings.

(a) Responsible parties of multifamily premises shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter and for employees, contractors, tenants, and customers.

(b) Responsible parties of multifamily premises shall:

(1) Subscribe to and pay for city’s three-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the multifamily premises as further described below in this section. City shall have the right to review the number and size of the multifamily premises’ collection containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The responsible party of a multifamily premises shall adjust their service level for their collection services as requested by the city or its designee.

(2) Participate in the city’s three-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

(B) Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

(3) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the multifamily premises’ approach to complying with self-hauler requirements.

(4) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

(5) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source-separated organic materials and source-separated recyclable materials separate from each other and from solid waste (when applicable) and the location of containers and the rules governing their use at each property.

(6) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

(c) Multifamily premises that generate two cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

(d) Nothing in this section prohibits a responsible party or generator of a multifamily premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). [Ord. 21-031 § 2, 2021].

9.17.050 Requirements for commercial businesses.

(a) Responsible parties of commercial businesses shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter and for employees, contractors, tenants, and customers.

(b) Responsible parties of commercial premises shall:

(1) Subscribe to and pay for city’s three-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the commercial premises as further described below in this section. City shall have the right to review the number and size of a commercial premises’ containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The responsible party of the commercial business shall adjust their service level for their collection services as requested by the city or its designee.

(2) Participate in the city’s three-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

(3) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsection (b)(4) of this section) for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial premises’ approach to complying with self-hauler requirements.

(4) Provide containers for the collection of source-separated recyclable materials and source-separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial business shall have either:

(A) A body and lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The responsible party of the commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

(5) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city’s recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business’s responsible party to support its compliance with self-hauler requirements.

(6) Periodically inspect recyclable materials containers, organic materials containers, and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(7) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

(8) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source-separated organic materials and source-separated recyclable materials separate from each other and from other solid waste and the location of containers and the rules governing their use at each property.

(9) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

(c) If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements of this chapter.

(d) Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(e) Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to PGMC 9.17.070. [Ord. 21-031 § 2, 2021].

9.17.060 Waivers for multifamily premises and commercial premises.

(a) De Minimis Waivers for Multifamily Premises and Commercial. The city may waive a responsible party’s obligation to comply with some or all recyclable materials and/or organic waste requirements of this chapter if the responsible party of the commercial business or multifamily premises provides documentation that the commercial business or multifamily premises meets one of the criteria in subsections (a)(1) and (2) of this section. For the purposes of subsections (a)(1) and (2) of this section, the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.

(1) The commercial business’s or multifamily premises’ total solid waste collection service is two cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than 20 gallons per week per applicable material stream of the multifamily premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than 20 gallons per week or organic materials in the organic materials stream are less than 20 gallons per week); or

(2) The commercial business’s or multifamily premises’ total solid waste collection service is less than two cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than 10 gallons per week per applicable material stream of the multifamily premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than 10 gallons per week or organic materials in the organic materials stream are less than 10 gallons per week).

(b) Physical Space Waivers. The city may waive a commercial business’s or multifamily premises’ obligation 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 lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of PGMC 9.17.040 or 9.17.050 as applicable.

(c) Review and Approval of Waivers by City. Waivers shall be granted to responsible parties by city according to the following process:

(1) Responsible parties of premises seeking waivers shall submit a completed application form to city manager or their designee for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request.

(2) Upon waiver approval, city shall specify that the waiver is valid for up to five years.

(3) Waiver holder shall notify city if circumstances change such that commercial businesses or multifamily premises may no longer qualify for the waiver granted, in which case waiver will be rescinded.

(4) Any waiver holder must cooperate with the city for compliance inspections and enforcement as stated in PGMC 9.17.120 and 9.17.130.

(5) Waiver holder shall reapply to the city manager or their designee for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the city. Failure to submit a completed application shall equate to an automatic denial of said application.

(6) City manager may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable. [Ord. 21-031 § 2, 2021].

9.17.070 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 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.

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

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

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

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

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

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

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

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

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

(6) Maintain records required by this section for five years.

(7) No later than March 31st of each year commencing no later than January 1st, 2023, for tier one commercial edible food generators and January 1st, 2025, for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information:

(A) The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually; and

(B) The amount, in pounds of edible food rejected by a food recovery service or food recovery organization annually.

(D) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (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. 21-031 § 2, 2021].

9.17.080 Requirements for food recovery organizations and services.

(a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

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

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

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

(b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

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

(2) The quantity in pounds of edible food received from each commercial edible food generator per month.

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

(d) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the city no later than March 31st of each year.

(e) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the city.

(f) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators shall include language in all agreements with tier one and tier two edible food generators located in the city identifying and describing the California Good Samaritan Act of 2017. [Ord. 21-031 § 2, 2021].

9.17.090 Requirements for haulers and facility operators.

(a) Requirements for Haulers.

(1) Franchise hauler(s), permitted haulers, and/or licensed haulers providing recyclable materials, organic waste, and/or solid waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of its contract, agreement, permit, license, or other authorization with the city to collect recyclable materials, organic materials, and/or solid waste:

(A) Through written notice to the city annually on or before March 31st of each year, identify the facilities to which they will transport discarded materials, including facilities for source-separated recyclable materials, source-separated organic materials, and solid waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the city.

(B) Transport source-separated recyclable materials to a facility that recovers those materials; transport source-separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).

(C) Obtain approval from the city to haul organic waste, unless it is transporting source-separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, PGMC 9.17.100, and city’s C&D ordinance.

(2) Franchise hauler(s), permitted haulers, and/or licensed haulers authorized to collect recyclable materials, organic materials, and/or solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered with the city.

(b) Requirements for Facility Operators and Community Composting Operations.

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

(2) Community composting operators with operations located in the city’s boundaries, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.

(3) Owners of facilities, operations, and activities located in the city’s boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the city on a quarterly basis copies of all reports they are required to report to CalRecycle, including at minimum, those required by AB 901 and SB 1383. [Ord. 21-031 § 2, 2021].

9.17.100 Compliance with CALGreen recycling requirements.

(a) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.

Project applicants shall refer to city building and/or planning code for complete CALGreen requirements.

(b) For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city’s permit approval, comply with the following:

(1) Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three-bin collection program offered by the city, or comply with provision of adequate space for recycling for multifamily premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New commercial or multifamily construction or additions resulting in more than 30 percent of the floor area shall provide readily accessible areas identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with city’s C&D ordinance, this title, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. [Ord. 21-031 § 2, 2021].

9.17.110 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. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

(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 shall consult the full MWELO for all requirements.

(d) If, after the adoption of the ordinance codified in 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 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. [Ord. 21-031 § 2, 2021].

9.17.120 Inspections and investigations by the city.

(a) City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source-separated materials to confirm compliance with this chapter by generators, responsible parties of commercial businesses, responsible parties of multifamily premises, 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 representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a responsible party to provide or arrange for: (1) access to an entity’s premises; (2) installation and operation of remote monitoring equipment (optional); or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in PGMC 9.17.130.

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

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

(e) City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. [Ord. 21-031 § 2, 2021].

9.17.130 Enforcement.

(a) Beginning January 1, 2024, if the city determines that a generator, responsible party, 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 section, as needed.

(b) Violation of any of the provisions of this chapter shall constitute an infraction or misdemeanor and shall be punishable as set forth in Chapter 1.16 PGMC.

(c) Notwithstanding any other legal remedy, violation of any of the provisions of this chapter may be enforced pursuant to Chapter 1.19 PGMC.

(d) Notwithstanding any other legal remedy, violation of any of the provisions of this chapter shall constitute a public nuisance and shall be subject to abatement, injunction, or other civil remedy as appropriate.

(e) Notice of Violation.

(1) City enforcement officials or their designee will monitor compliance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).

(2) For incidences of prohibited container contaminants found in containers, city will issue a notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within 10 business days after determining that a violation has occurred. If the city observes prohibited container contaminants in a responsible party’s containers on more than three consecutive occasions, the city may assess contamination processing fees or contamination penalties on the generator.

(3) City shall issue a notice of violation requiring compliance within a maximum of 60 days of issuance of the notice. 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 multifamily premises or commercial premises or to the responsible party for the collection services, depending upon available information.

(f) Penalty Amounts for Types of Violations. Penalties may be assessed for violations as provided in Chapters 1.16 and/or 1.19 PGMC. Any person causing or permitting a violation of this code shall be regarded as committing a separate offense on each day that the violation occurs or continues.

(g) Appeals Process. Any persons aggrieved by any decision of the city with respect to uncorrected violation may appeal to the administrative enforcement hearing officer panel under Chapter 1.19 PGMC by filing a notice of appeal with the city clerk or delegate within 15 days after receipt of written notice from the city. The hearing officer assigned by the panel shall thereupon fix a time and place for hearing such appeal. The city manager or delegate shall give notice to such person of the time and place of hearing in compliance with Chapter 1.12 PGMC. The hearing officer shall have authority to determine all questions raised by such appeal; provided, however, that no such determination shall conflict with any substantive provision of this chapter. [Ord. 21-031 § 2, 2021].

9.17.140 Effective date.

The ordinance codified in this chapter shall be effective commencing on January 1, 2022. [Ord. 21-031 § 2, 2021].