Chapter 8.18
SOLID WASTE DISPOSAL
Sections:
8.18.030 Requirements for single-family generators.
8.18.040 Requirements for commercial businesses.
8.18.050 Waivers for generators.
8.18.070 Provisions for self-haulers.
8.18.080 Requirements for haulers and facility operators.
8.18.090 Requirements for commercial edible food generators.
8.18.100 Requirements for food recovery organizations and services.
8.18.110 Inspections and investigations.
8.18.010 Purpose.
The purpose of this chapter is to:
A. Establish requirements for the collection and recycling of recyclable materials and the collection and organics processing of organic materials generated from commercial facilities, multifamily dwellings, single-family dwellings, and special events. These requirements are intended to accomplish the following:
1. Assist the city in complying with AB 939, which requires each local jurisdiction in the state to divert fifty percent of waste from landfill solid waste disposal; AB 32, requiring that commercial generators statewide participate in recycling programs; and the SB 1383 regulations, requiring that the city adopt and enforce an ordinance to implement the SB 1383 regulations.
2. Assist the city in complying with AB 341 and AB 1826, which provide for mandatory commercial and organics recycling.
3. Augment voluntary recycling efforts to further the city’s recycling and diversion goals.
4. Reduce greenhouse gas emissions associated with the mining and manufacturing of goods from virgin materials and associated with the disposal of solid waste in landfills.
5. Further protect the natural environment and human health as well as enhance the economy through increased recycling and organics processing activities.
B. Provide for enforcement through the use of administrative fines for violating the requirements of this chapter.
C. Provide exclusions and exemptions for select solid waste customers, commercial generators, and special events who are not included or able to comply with this chapter or for whom the chapter poses an undue burden. (Ord. 756 § 1 (Exh. A), 2022)
8.18.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Business” means any person or entity that possesses or is required to possess a business license as required by PVEMC 5.16.010.
“City” means the city of Palos Verdes Estates.
“Collect” or “collection” means to take physical possession, transport, and remove solid waste, targeted recyclable materials, organic materials, or other materials within and from the city.
“Collector” or “solid waste collector” means any person or persons, firm, partnership, joint venture, association, or corporation authorized to engage in the collection or transportation, disposal, recycling, or organic processing of solid waste, recyclable materials, or organic waste generated within all or part of the jurisdictional boundaries of the city, including franchisees, recycling collectors, and organic materials collectors.
“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this section, or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).
“Commercial facility” means any property used for conducting business, including but not limited to a food service establishment, retail facility, office, manufacturing facility, markets, office buildings, hotels, motels, shopping centers, and theaters; any educational, professional, commercial, governmental, institutional, or industrial establishment or facility of any nature whatsoever, except residential, where there is a generation of solid waste, including but not limited to nonresidential sites used by charitable or nonprofit organizations; properties and sites used for special events; or other nonresidential properties located within the boundaries of the city.
“Commercial generator” means any legal entity, except a special event, that generates solid waste at a commercial facility, who may include businesses; charitable or nonprofit organizations, including hospitals, educational institutions, and civic or religious organizations; governmental organizations, agencies, or entities; and nonresidential tenants or entities that lease or occupy space. “Commercial generator” also includes the city and its facilities and nonresidential properties.
“Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundrd cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
“Compliance review” means a review of records by the city or its designee to determine compliance with this chapter.
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
“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).
“Construction and demolition waste” means the debris, used construction materials, dredging, grubbing, and rubble resulting from constructing, remodeling, repair, razing, renovation, demolition, excavation, or construction clean-up activities at residential, commercial, industrial, or governmental buildings, and any other structure or pavement.
“Container” means any bin used to store solid waste, recyclable materials, or organic materials, and from which collectors collect these materials. Containers include, but are not limited to, metal or plastic cans, carts, bins, and drop boxes.
“Contamination” means a container that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“Designee” means an entity with which the city contracts 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.
“Disposal” means the ultimate disposition of solid waste collected by the franchisee at a disposal site.
“Dwelling” means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except “dwelling” does not include hospitals, hotels, motels, nursing homes, or convalescent centers.
“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter, or as otherwise defined in 14 CCR Section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
“Enforcement action” means an action of the city to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“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 chapter, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in city’s or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family 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.
“Food distributor” means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery, either directly or through entities, or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food service establishment” means any and all restaurants, sales outlets, stores, shops, manufacturers, processors, vehicles or other places of business located or operating within the city that function primarily to sell, manufacture, process, or distribute foods or beverages to consumers or other businesses.
“Food waste” means all animal and vegetable solid wastes generated by food facilities, as defined in California Health and Safety Code Section 27521, or from residences, that result from the storage, preparation, cooking, or handling of food. Food waste includes, but is not limited to, food scraps, food-soiled paper, and compostable plastics.
“Generator” means a person or entity that is responsible for the initial creation of waste.
“Grocery store” means a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“Hauler route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
“Hazardous waste” includes any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, or a strong sensitizer, which generates pressure through decomposition, heat, or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness, or harm to humans, domestic animals, or wildlife, during, or as an approximate result of, any disposal of such wastes or mixture of wastes. It includes all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state of California in the Health and Safety Codes or in future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency pursuant to the Federal Resource Conservation and Recovery Act and all future amendments thereto.
“High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022, and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where the city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is in compliance with the requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
“Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
“Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand 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.
“Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Mixed paper” means a waste type which is a mixture, unsegregated by color or quality, of at least two of the following paper wastes: newspaper, corrugated cardboard, office paper, computer paper, white paper, coated paper stock, or other paper wastes.
“Mixed waste” means all other solid waste that is not designated for collection in a source separated organic waste container, but excluding excluded waste and hazardous waste.
“Mixed waste container,” “blue container,” “black container,” or “gray container” means a container to be used for the separate collection of all mixed waste.
“Multifamily dwelling” or “multifamily residential dwelling” means a residential structure with five or more residences.
“Multifamily generator” means tenants, residents, other occupants, and custodians or janitors of multifamily dwellings.
“Notice of violation” or “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.
“Organic materials collector” means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection or transportation of organic materials generated in the city.
“Organics processing” means the composting, anaerobic digestion, or other beneficial use, as defined by the city, of organic materials.
“Organic waste” or “organic materials” means solid wastes, excluding mixed 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, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic waste includes, but is not limited to, food scraps, food-soiled paper, and green waste.
“Organic waste container” or “green container” means a container to be used for the separate storage and collection of source separated organic waste.
“Owner” means the person holding legal title to the real property constituting the premises to which solid waste, recyclable materials, and/or organic materials collection service is provided.
“Person” means any individual, firm, corporation, association, group, and/or any legal entity recognized by the laws of the state.
“Premises” means every dwelling house, dwelling unit, apartment house, or multiple-dwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing, or assembling shop or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the city.
“Prohibited container contaminants” means the following: (1) discarded materials placed in the mixed waste container that are not identified as acceptable mixed waste for the city’s mixed waste container; (2) discarded materials placed in the organic waste container that are not identified as acceptable source separated organic materials for the city’s organic waste container; and (3) excluded waste or hazardous waste placed in any container.
“Receptacle” means a bin used for the temporary collection and storage of solid waste, the contents of which are periodically transferred to a larger container from which a collector directly collects the solid waste.
“Recyclable materials” or “recyclables” means materials that can be source separated from solid waste and organic materials prior to collection for the purpose of returning these materials to the economic mainstream in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recyclable materials include any materials identified by the agency that can be feasibly collected and marketed for recycling by the city’s franchisee, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, glass jars and bottles, aluminum, tin, and bimetal cans.
“Recycle” or “recycling” means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed of, and then returning these materials to the economic mainstream in the form of raw materials for use or reuse as new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. Recycling does not include burning, incinerating, or thermally destroying solid waste, as defined in Public Resources Code Section 40201. The city shall specify additional materials covered under this chapter at its discretion.
“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).
“SB 1383 regulations” means 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.
“Self-hauler” means a person who hauls solid waste, recyclable materials, or organic waste that he or she has generated to an appropriate processing facility. “Self-hauler” also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-family” means of, from, or pertaining to any residential premises with fewer than five units.
“Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid waste accumulated or delivered for collection and disposal within the city and includes, but is not limited to, construction debris, demolition debris, bulky waste, and green waste. Solid waste does not include hazardous waste or household hazardous waste, designated waste, infectious waste, sewage, or abandoned automobiles, or as otherwise defined in Public Resources Code Section 40141.
“Solid waste customer” means the legal entity responsible for managing solid waste at a commercial facility or multifamily dwelling, including subscribing to solid waste collection services with a solid waste collector or self-hauling solid waste, or the entity to whom the solid waste collector submits billing invoices for collection from a commercial facility or multifamily dwelling.
“Special event” means a community, public, commercial, recreational, or social event which may serve food or drink and which may require a permit from the city. Special events may include the temporary or periodic use of a public street, publicly owned site or facility, privately owned site or facility, or public park. “Special event” includes the legal entity responsible for the special event, including but not limited to the owner, manager, or organizer, which may be the city.
“Tier one commercial edible food generator” means a commercial edible food generator that is one or more of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
“Tier two commercial edible food generator” means a commercial edible food generator that is one or more of the following:
1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
2. Hotel with an on-site food facility and two hundred or more rooms.
3. Health facility with an on-site food facility and one hundred or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.
7. A local education agency facility with an on-site food facility.
“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). (Ord. 756 § 1 (Exh. A), 2022)
8.18.030 Requirements for single-family generators.
A. Single-family organic waste generators shall comply with the following requirements:
1. Subscribe to the city’s multicontainer collection services. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper source separation and containment of materials; and single-family generators shall adjust their service levels for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.
2. Participate in the city’s organic waste collection service(s) by placing source separated organic waste, including food waste, in the organic waste container and all mixed waste in the mixed waste container. (Ord. 756 § 1 (Exh. A), 2022)
8.18.040 Requirements for commercial businesses.
A. Generators that are commercial businesses, including multifamily residential dwellings, shall comply with the following requirements:
1. Subscribe to the city’s multicontainer collection services and comply with requirements of those services as described in this section. The city shall have the right to review the number and size of a generator’s containers and the frequency of collection to evaluate the adequacy of capacity provided for each container for proper source separation and containment of materials. Commercial businesses shall adjust their service level for their collection services as requested by the city.
2. Participate in the city’s multicontainer collection service(s) by placing source separated organic waste, including food waste, in the organic waste container and all mixed waste in the mixed waste container.
3. Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with this section) for employees, contractors, tenants, and customers, consistent with the city’s organic waste container and mixed waste container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with PVEMC 8.18.070.
4. Excluding multifamily residential dwellings, provide containers for the collection of source separated organic waste in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by 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. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of 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 that container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
5. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in this section pursuant to 14 CCR Section 18984.9(b).
6. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwelling, prohibit employees from placing materials in a container not designated for those materials in accordance with this section, or if recycling organic waste on site or self-hauling under this section per the commercial business’s instructions to support its compliance with its on-site recycling or self-haul program.
7. Excluding multifamily residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
8. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials, and ensure that instructions or training materials provided to employees, contractors, and volunteers are promptly made available to the city upon request.
9. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste separate from mixed waste (when applicable) and the location of containers and the rules governing their use at each property.
10. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with PVEMC 8.18.110.
11. If a commercial business wants to self-haul, it must meet the self-hauler requirements in PVEMC 8.18.070.
12. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.
13. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to PVEMC 8.18.090.
14. Commercial generators may be assessed an additional fee based on the size of the container for organic waste that is collected for solid waste disposal by the franchisee if the contents of their organic waste containers contain unacceptable levels of contamination. (Ord. 756 § 1 (Exh. A), 2022)
8.18.050 Waivers for generators.
A. De Minimis Waivers. The city manager or his or her designee may waive a commercial business’s obligation (including that of a multifamily residential dwelling) to comply with some or all of the recyclable materials and/or organic waste requirements of this chapter if the commercial business requesting a de minimis waiver:
1. Submits an application specifying the services from which they are requesting a waiver and provide documentation as noted in subsection (A)(2) of this section.
2. Provides documentation that the commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in an organic waste container comprises less than ten gallons per week per applicable container of the business’s total waste.
3. Notifies the city if circumstances change such that commercial business’s organic waste exceeds the threshold required for the waiver, in which case the waiver will be rescinded.
4. Provides written verification of eligibility for the de minimis waiver every two years, if the city has approved the de minimis waiver.
B. Physical Space Waivers. The city manager or his or her designee may waive a commercial business’s or property owner’s obligations (including those of a multifamily residential dwelling) 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 the collection containers required for compliance with the collection requirements. A commercial business or property owner may request a physical space waiver if such business or owner:
1. Submits an application specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provides documentation that the premises lacks adequate space for organic waste containers, including documentation from its hauler, licensed architect, or licensed engineer.
3. Provides written verification of eligibility for the physical space waiver every two years, if the city has approved the physical space waiver.
C. Additional Waivers. The city manager or his or her designee may waive any additional requirements of this chapter to the extent permitted by applicable law. The city manager or his or her designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.
D. Review and Approval of Waivers by the City. Review and approval of waivers will be the responsibility of the city manager or his or her designee.
E. The city may, by resolution, impose an administrative fee on petitioning entities to cover the costs of processing such petitions. (Ord. 756 § 1 (Exh. A), 2022)
8.18.060 Special events.
Special events shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. In addition to other requirements in this chapter and this code, each special event shall:
A. Source separate recyclable materials and, for special events that include food service establishments, organic materials from solid waste by placing each type of material in a separate designated receptacle or container, and further ensure that employees, contractors, volunteers, customers, visitors, and other persons on site source separate recyclable materials and, for food service establishments, organic materials from solid waste by placing each type of material in a separate designated receptacle or container.
B. Ensure the special event has access to an adequate number and type of containers needed for collecting and storing recyclable materials and, when applicable, organic materials generated at and by the special event.
C. Provide or ensure the provision of adequate containers throughout the special event location to make the source separation of recyclable materials and organic materials convenient for employees, volunteers, contractors, vendors, exhibitors, presenters, visitors, attendees, customers, and other persons on site.
D. Provide or ensure the provision of an equal or greater number of containers for recyclable materials and, when applicable, organic materials, than the number of mixed waste containers provided. Individual containers for recyclable materials, organic materials, and mixed waste shall be placed as close together as possible throughout the special event location in order to provide equally convenient access to containers for recyclable materials and organic materials as to containers for mixed waste.
E. Ensure that all containers used for source separating and storing recyclable materials, organic materials, and mixed waste are affixed with signs or labels that display the appropriate information to enable users to accurately source separate solid waste and to clearly differentiate which containers are used for recyclable materials, organic materials, and mixed waste, in order to minimize container contamination. Require food vendors and food service establishments to have at least one separate container each for recyclable materials, organic materials, and mixed waste for use by employees, contractors, custodians, customers, visitors, and other persons on site.
F. Distribute the requirements of this chapter and appropriate informational materials to all vendors, exhibitors, and other commercial generators during event planning and setup.
G. Ensure that the contents of the containers for recyclable materials and organic materials are not placed in mixed waste containers unless they contain unacceptable levels of contamination. (Ord. 756 § 1 (Exh. A), 2022)
8.18.070 Provisions for self-haulers.
A. Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, multifamily generator, or special event from self-hauling recyclable materials or organic materials generated by that entity to a lawful processing facility suitable to receive the type(s) of waste hauled.
B. Self-haulers shall:
1. Source separate all organic materials generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility.
2. Source separate all recyclable materials generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul recyclable materials to a lawful waste processing facility capable of segregating commingled recyclable materials from mixed waste.
3. Self-haulers that are commercial businesses (including multifamily residential dwellings) 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 waste; 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.
b. The amount of material in cubic yards or tons transported by the generator to each entity.
c. 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.
4. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall provide information collected in subsection (B)(3) of this section to the city if requested.
5. A residential organic materials generator that self-hauls organic materials is not required to record or report information as otherwise required by this section.
6. Notwithstanding the foregoing, self-haulers shall not dispose of any solid waste in any manner not permitted by this chapter. To do so is a violation of this chapter punishable as set out in PVEMC 8.18.120.
7. Exemptions. The following activities and circumstances do not qualify as self-hauling under this chapter:
a. Green waste removed from a premises by a gardening, landscaping, or tree-trimming contractor having a city business license and as an incidental part of a total service offered by that contractor other than as a disposal service, and tree trimmings, clippings, and all similar materials generated at parks and other publicly maintained premises;
b. Construction and demolition debris removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor other than as a disposal service;
c. The collection of hazardous material or dangerous waste as part of a hazardous material collection activity authorized by the Los Angeles County Environmental Health Department, including, without limitation, liquid and dry caustics, acids, biohazardous, flammable, or explosive materials, insecticides, and similar substances; and
d. Recyclable materials and organic materials generated at any residential premises or place of business and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) to a solid waste or recycling facility in a manner consistent with this chapter and other applicable laws. (Ord. 756 § 1 (Exh. A), 2022)
8.18.080 Requirements for haulers and facility operators.
A. Requirements for Haulers.
1. Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the city to collect organic materials:
a. Through written notice to the city annually on or before July 1st, identify the facilities to which they will transport organic materials, including facilities for source separated recyclable materials and source separated organic waste.
b. Transport source separated recyclable materials, source separated organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
c. Obtain approval from the city to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris.
2. Each hauler authorized to collect organic materials shall comply with education, equipment, signage, container-labeling, container color, contamination monitoring, reporting, and other requirements contained within its agreement entered into with the city.
a. Requirements for Facility Operators and Community Composting Operations.
(1) Owners of facilities, operations, and activities that recover organic materials, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days.
(2) Community composting operators, upon the city’s 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 materials anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days.
B. Solid waste collectors shall keep separate recyclable materials, organic materials, and other solid waste that have been source separated into containers by commercial generators, multifamily generators, or special events.
C. Solid waste collectors shall ensure that source separated recyclable materials are delivered to a recycling facility and that source separated organic materials are delivered to an organics processing facility.
D. Solid waste collectors shall ensure that mixed waste is delivered to a recycling facility capable of segregating all commingled recyclable materials from other solid waste.
E. Within five days of request by the city, solid waste collectors shall provide progress reports providing the following information, at a minimum:
1. The total number of solid waste customers to whom the solid waste collector currently provides recyclable materials, organic materials, and other solid waste collection services within the city’s boundaries;
2. For each solid waste customer, the account name, identifying number, primary contact, phone number, billing address, and service address;
3. Information on the type of collection service provided, such as recyclable materials, organic materials, and other solid waste services;
4. The weekly volume and type of collection service provided, including the number, type, and size of containers serviced and the days of service for each container;
5. Name and location of the solid waste facilities where materials are delivered for processing;
6. List of accounts not in compliance with this chapter, including whether they are excluded or exempt based on the exemptions in PVEMC 8.18.050. (Ord. 756 § 1 (Exh. A), 2022)
8.18.090 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.
B. Large venue, large event, or special event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue, large event, or special event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed. 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. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
2. Allow the 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.
3. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
(1) The name, address, and contact information of the food recovery service or food recovery organization.
(2) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(3) The established frequency that food will be collected or self-hauled.
(4) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
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, Chapter 285, Statutes of 2017. (Ord. 756 § 1 (Exh. A), 2022)
8.18.100 Requirements for food recovery organizations and services.
A. 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)(1):
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 from which the organization receives edible food for food recovery.
4. The quantity in pounds of edible food transported to each food recovery organization per month.
B. 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)(2):
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 name, address, and contact information for each food recovery organization for which the food recovery service transports edible food for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city in which they are located the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b) no later than March 1st, July 1st, and September 1st, annually.
D. In order to support edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty days, unless a shorter time frame is otherwise specified by the city. (Ord. 756 § 1 (Exh. A), 2022)
8.18.110 Inspections and Investigations.
A. The city or its designee may, from time to time, inspect all premises within the city to determine compliance with and to enforce the provisions of this chapter.
B. 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 facilities for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic materials generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, self-haulers, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with PVEMC 8.18.040, the city may conduct container inspections for prohibited container contaminants using remote monitoring.
C. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties as described in PVEMC 8.18.120.
D. Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
E. City representatives, its designated entity, and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
F. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. Collectors shall relay to city in writing all written complaints they receive concerning acts or omissions of themselves or another entity that is potentially noncompliant with SB 1383 regulations, including anonymous complaints. (Ord. 756 § 1 (Exh. A), 2022)
8.18.120 Violation – Penalty.
A. It is unlawful for any person to violate or fail to comply with any provision of this chapter.
B. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties. Violations of this chapter constitute a misdemeanor and may be enforced by any applicable law. Violations of this chapter are hereby declared to be public nuisances. Each person is guilty of a separate offense each day a violation is allowed to continue and every violation of this chapter shall constitute a separate offense and shall be subject to all remedies. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.
C. The city shall enforce this chapter with the goal of maximizing the amount of recyclable materials and organic materials that are properly source separated and ensuring that recyclable materials and organic materials that have been properly source separated are correctly collected and delivered to recycling and organics materials processing facilities. In addition to all enforceable mechanisms available to the city under this section, the city shall require the solid waste collector to conduct the following activities to enforce this chapter:
1. Provide details on the requirements of this chapter to affected solid waste customers, commercial premises, multifamily generators, and special events;
2. Develop and disseminate public education and promotional materials relating to the importance of recycling and organic materials processing and the availability of recycling and organic materials processing opportunities to solid waste customers, commercial generators, multifamily generators, and special events;
3. Provide technical assistance and training to solid waste customers, commercial generators, and multifamily generators to increase recycling;
4. Enforce provisions of the franchise agreement(s) with all franchisees for the collection of recyclable materials, organic waste, and solid waste with the solid waste collector to stimulate demand for recyclable materials and organic waste collection service.
D. Violation of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The procedures in Chapter 1.50 PVEMC shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter. The fine amounts are set forth in Chapter 1.16 PVEMC.
E. The city enforcement officer and/or his or her designee will monitor compliance with the SB 1383 regulations randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program.
F. Beginning January 1, 2022, and through December 31, 2023, the city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with the SB 1383 regulations, and if the city determines that an organic waste generator, self-hauler, hauler, commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
G. Beginning January 1, 2024, if the city or its designee determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with the SB 1383 regulations, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
H. Prior to taking any enforcement action against a person, business, or entity for violating the SB 1383 regulations, the city shall first notify the person, business, or entity and provide an opportunity to correct the violation through the issuance of a notice of violation by a city enforcement officer. Notices shall be sent to the “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 residential dwelling or commercial property, or to the party responsible for paying for the collection services, depending upon available information. The notice shall state that the person, business, or entity has sixty days to correct the violation. The person, business, or entity shall be responsible for ensuring and demonstrating compliance with the requirements of the SB 1383 regulations within the sixty-day time frame provided in the notification of violation. Failure to demonstrate compliance shall be cause for enforcement.
I. For incidences of prohibited container contaminants found in containers, the city enforcement officer will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via cart tag or other communication immediately upon identification of the prohibited container contaminants or within thirty days after determining that a violation has occurred. Notwithstanding the foregoing, the city may issue administrative citations immediately for container contamination and failure to subscribe to collection service as required. The city may pursue enforcement of the provisions of this chapter through administrative, civil, or criminal proceedings.
J. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. (Ord. 756 § 1 (Exh. A), 2022)