Chapter 8.09 COLLECTION OF ORGANIC REFUSE

A. California recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste as defined in PMC 8.04.030 generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

B. California organics recycling law, Assembly Bill 1826 of 2014, which added Chapter 12.9, commencing with Section 42649.8, to Part 3 of Division 30 of the California Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time, requires property owners and occupants of commercial premises that generate two cubic yards or more of solid waste per week to participate in mandatory organics diversion.

C. SB 1383, the short-lived Climate Pollutant Reduction Act of 2016, requires the state of California to develop regulations to reduce organics in landfills as a source of methane. The regulations place mandatory requirements on multiple entities including cities, property owners and occupants of residential premises, commercial premises, collection contractors, and self-haulers, as defined in PMC 8.04.030, to support achievement of statewide organics disposal reduction targets.

D. SB 1383, the short-lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations.

E. Requirements in this chapter are consistent with citywide health and safety measures implemented in Chapters 8.04 and 8.06 PMC. [Ord. 21-1489 § 3, 2021.]

8.09.020 Enforcement.

A. Failure to comply with the provisions of this chapter shall lead to enforcement actions as stated in this chapter and pursuant to Chapter 8.04 PMC, Article IV, V or VI.

B. Tier One commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024.

C. Retail food facilities operating at large venues or large events shall comply with the requirements of this chapter commencing January 1, 2024. [Ord. 21-1489 § 3, 2021.]

8.09.030 Definitions.

In this chapter, unless the context otherwise requires:

A. “Commercial edible food generators” include:

1. “Tier One commercial edible food generator” includes grocery as defined by PMC 18.08.080, establishments with a total facility size equal to or greater than 10,000 square feet and any other food providers as defined by PMC 18.08.020 participating in food and beverage sales or wholesale of food as defined by PMC 18.08.080.

2. “Tier Two commercial edible food generator” includes restaurants with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, hotels with an on-site food facility and 200 or more rooms, health facilities with an on-site food facility and 100 or more beds, large venues, large events, California agencies with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet, and local education agency facilities with an on-site food facility.

B. “Community composting” means any activity allowed by city zoning code or a use permit that composts organics, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet.

C. “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes.

D. “Compostable plastic” means plastic-like organic materials capable of decomposing as defined by the city or collection contractor.

E. “Edible food” means food intended for human consumption that meets the food safety requirements of the California Retail Food Code.

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

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

H. “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.

I. “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.

J. “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. This organic refuse is suitable for disposal in the green cart or container and must be free of plastic coating.

K. “Green cart waste” or “green container waste” means refuse that is appropriate for storage and disposal in the green cart or container, or as described in PMC 8.04.060(A) and includes organic refuse.

L. “Organic refuse” means all organics designated by the city and collection contractor to be collected in the green cart or container during curbside collection programs or via a special collection service, including:

1. Wood waste under three inches by 13 inches.

2. Yard waste under three inches by 13 inches.

3. Food scraps.

4. Food-soiled paper.

5. Compostable plastics.

6. Schedule A prohibited organics.

7. Other items as defined by the city or collection contractor.

M. “Organics” means solid waste composed of material originating from living organisms and their metabolic waste products, including organic refuse and Schedules A, B, C, and D prohibited organics.

N. “Organics generator” means a person or entity that is responsible for the initial creation of organics.

O. “Organics recovery service” means a person or entity that collects and transports organics from a generator to a disposal area appropriate for processing the organics, including but not limited to landscapers and tree removal services.

P. “Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, toweling, and other items as defined by the city or collection contractor. Paper products must be free of plastic coating and separated from any nonorganic materials like staples, paper clips, plastic windows, and bindings.

Q. “Prohibited organics” means organics that are prohibited from being placed in the green carts and containers and includes:

1. Schedule A prohibited organics includes: wood waste and yard waste exceeding three inches by 13 inches, and other items as defined by the city or collection contractor.

2. Schedule B prohibited organics includes: paper products, printing and writing papers as defined in PMC 8.06.030, and other items as defined by the city or collection contractor.

3. Schedule C prohibited organics includes: plastic-coated paper products, plastic-coated printing and writing papers, organic textiles and carpets, manure, and other items as defined by the city or collection contractor.

4. Schedule D prohibited organics includes: dead animals, chemically treated wood, sewage, sludge, and human biological wastes.

R. “Remote monitoring” means the use of cameras or other devices to visualize the contents of carts or containers for purposes of identifying the quantity of solid waste and/or presence of prohibited waste material or prohibited organics in each cart or container.

S. “Retail food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including but not limited to eating and drinking establishments as described in PMC 18.08.080, cafeterias, hospitals, and hotels.

T. “Wholesale food vendor” means a business engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retail food facility, warehouse, distributor, or other destination.

U. “Wood waste” includes discarded wood products, whole trees, stumps, or pruned branches, lumber, trim, shipping pallets, and other dry, nonchemically treated wood debris from construction and demolition. Wood waste must be free of contaminants like paint, stain, screws, nails, and staples and under three inches by 13 inches for placement in the green cart or container.

V. “Yard waste” means cut grass, cut leaves, and branches cut from bushes or trees, but excludes rocks, bricks, cement, and soil. [Ord. 21-1489 § 3, 2021.]

Article II. Mandatory Requirement to Source Separate Organics

8.09.040 Mandatory requirement to source separate organics.

A. Property owners or occupants as defined by PMC 8.04.030 in the city shall source separate as defined by PMC 8.04.030 all organic refuse from the solid waste generated on a premises as defined by PMC 8.04.030.

B. Failure to comply with any provision of this chapter is an infraction, punishable as provided in this chapter and in PMC 1.12.020. [Ord. 21-1489 § 3, 2021.]

Article III. Residential Curbside Organic Refuse Collection Program

8.09.050 Curbside organic refuse collection program established.

A. A curbside organic refuse collection program is established to provide curbside organic refuse collection services to all residential premises within the city.

B. The city may provide the curbside organic refuse collection services through the use of one or more franchised collection contractors as defined by PMC 8.04.030.

C. Nothing in this section prohibits a generator from preventing or reducing solid waste generation, managing organics on site, or participating in community composting. [Ord. 21-1489 § 3, 2021.]

8.09.060 Fees for curbside residential premises organic refuse collection service.

A. The cost for collection of residential premises organic refuse is incorporated in the billing of the refuse collection fee.

B. The city council shall fix the residential premises refuse collection fee which includes the cost for collection of residential premises organic refuse by resolution, which the collection contractor shall charge and collect pursuant to Chapter 8.04 PMC.

C. Organic refuse shall be incorporated into refuse collection and collected by the collection contractor pursuant to Chapter 8.04 PMC. [Ord. 21-1489 § 3, 2021.]

8.09.070 Educational and promotional services.

The city shall require the collection contractor to provide community educational and promotional services for the curbside organic refuse collection program. The city may also enter into a contract for additional community educational and promotional services with a separate advertiser or public relations services provider. Fees collected under PMC 8.09.060 may be used for the services described in this section. [Ord. 21-1489 § 3, 2021.]

8.09.080 Storage of organic refuse for curbside collection.

All property owners and occupants in the city shall store organic refuse in accordance with refuse storage methods established in PMC 8.04.050. [Ord. 21-1489 § 3, 2021.]

8.09.081 Discarding of organic refuse.

A. All property owners and occupants in the city shall discard organic refuse in accordance with refuse discarding methods established in PMC 8.04.071 and 8.04.250.

B. No property owner, occupant, or permittee shall cause contamination as defined in PMC 8.04.030 of carts or containers. All property owners, occupants, and permittees shall separate their refuse according to its characterization as black, green, or blue cart or container waste, and place each type of refuse in a separate container designated for disposal of that type of refuse. No property owner, occupant, or permittee may mix any type of refuse, or deposit refuse of one type in a cart or container designated for refuse of another type, except as otherwise provided in this chapter. This section does not prohibit any property owner or occupant from engaging in home composting. [Ord. 21-1489 § 3, 2021.]

8.09.082 Storage and disposal of prohibited organics.

A. All property owners and occupants in the city shall store Schedules A, B, and C prohibited organics in accordance with refuse storage methods established in PMC 8.04.050.

B. All property owners and occupants in the city shall discard Schedule A prohibited organics via a special collection service as defined in PMC 8.04.030 or self-haul as described in PMC 8.04.250.

C. Schedule B prohibited organics shall be disposed of in the blue cart or container.

D. Schedule C prohibited organics shall be disposed of in the black cart or container or via self-haul as described in PMC 8.04.250.

E. Schedule D prohibited organics shall be stored and disposed of in accordance with Schedule B prohibited waste material as set forth in PMC 8.04.090(D) and 8.04.160. [Ord. 21-1489 § 3, 2021.]

8.09.090 Regulation of service.

Organic refuse is subject to collection service in accordance with the frequency of service, time of service, and regulations of services set forth in PMC 8.04.110, 8.04.120, and 8.04.130 respectively. [Ord. 21-1489 § 3, 2021.]

8.09.100 Vehicles used to transport organics.

Vehicles used to transport organics shall be in accordance with provisions set out in PMC 8.04.140. [Ord. 21-1489 § 3, 2021.]

8.09.110 Ownership of organic refuse.

Upon the placement of organic refuse at the curbside or within green cart or container for collection, the organic refuse becomes the property of the collection contractor. [Ord. 21-1489 § 3, 2021.]

8.09.120 Unauthorized collection prohibited.

Collection of organic refuse shall be consistent with the provisions set forth in PMC 8.04.090. [Ord. 21-1489 § 3, 2021.]

8.09.130 Civil action by the collection contractor.

No language in this chapter shall be construed as limiting or modifying the right of the collection contractor to file a civil action against any person or entity that violates any of the terms of this chapter or any of the rights granted to the collection contractor under this chapter or pursuant to a written franchise agreement between the city and collection contractor. [Ord. 21-1489 § 3, 2021.]

8.09.140 Right of individual to dispose of organics.

This chapter does not limit the right of a person to donate, sell or otherwise dispose of organics so long as the disposal complies with this chapter. [Ord. 21-1489 § 3, 2021.]

Article IV. Commercial Organic Refuse Collection

8.09.160 Commercial organic refuse collection program established.

A. A commercial organic refuse collection program is established to provide organic refuse collection services to all commercial premises within the city.

B. The city may provide commercial organic refuse collection services through the use of one or more franchised collection contractors as defined by PMC 8.04.030.

C. Nothing in this section prohibits a generator from preventing or reducing solid waste generation, managing organics on site, or participating in community composting. [Ord. 21-1489 § 3, 2021.]

8.09.170 Storage of commercial organic refuse.

A. Property owners or occupants of all commercial premises shall provide organic refuse receptacles for day to day on site for use by all workers and persons visiting the premises. These receptacles shall be of appropriate size and placement so that all persons on site can source separate organic refuse and avoid cart contamination as defined in PMC 8.04.030.

B. The contents of the organic refuse receptacles shall be emptied regularly into the green cart or container at the on-site refuse storage location as defined by PMC 8.04.030.

C. All property owners and occupants of commercial premises in the city shall store organic refuse in accordance with refuse storage methods established in PMC 8.04.050. [Ord. 21-1489 § 3, 2021.]

8.09.180 Discarding of commercial organic refuse.

A. All property owners and occupants in the city shall discard organic refuse in accordance with refuse discarding methods set forth in PMC 8.04.071 and 8.04.250.

C. In addition to the provisions established in PMC 8.04.040 and 8.04.071, commercial premises occupants or property owners that choose to self-haul as described in PMC 8.04.250 or utilize an organics recovery service to haul organics shall:

1. Source separate all organics generated on-site from solid waste.

2. Haul source separated organics to a disposal area that processes or recovers the organics to be hauled.

3. Keep a record of the tons of cubic yards of organics delivered to each disposal area; this record shall be subject to inspection by the city. The records shall include the following information:

a. Name of entity accepting the organics.

b. Delivery receipts and weight tickets from the entity accepting the organics if the material is transported to an entity that has scales on site or employs scales capable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of organics received.

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

4. Provide information collected in subsection (C)(3) of this section to the city or collection contractor upon request. [Ord. 21-1489 § 3, 2021.]

8.09.190 Storage and disposal of prohibited organics.

A. All property owners and occupants in the city shall store Schedules A, B, and C prohibited organics in accordance with refuse storage methods established in PMC 8.04.050.

B. Except as directed in this chapter, all property owners and occupants in the city shall discard Schedule A prohibited organics via a special collection service as defined in PMC 8.04.030.

C. Schedule B prohibited organics shall be disposed of in the blue container.

D. Except as directed in this chapter, Schedule C prohibited organics shall be disposed of in the black container.

E. Schedule D prohibited organics shall be disposed of in accordance with Schedule B prohibited waste material as set forth in PMC 8.04.090(D) and 8.04.160. [Ord. 21-1489 § 3, 2021.]

8.09.200 Regulation of commercial premises service.

Organic refuse is subject to collection service in accordance with the frequency of service, time of service, and regulations of services established in PMC 8.04.110, 8.04.120, and 8.04.130 respectively. [Ord. 21-1489 § 3, 2021.]

8.09.210 Vehicles used to transport organics.

Vehicles used to transport recyclables shall be in accordance with provisions set forth in PMC 8.04.140. [Ord. 21-1489 § 3, 2021.]

8.09.220 Charges and collection of commercial premises organic refuse collection fee by collection contractor.

All property owners or occupants shall pay for organic refuse collection pursuant to PMC 8.04.200, 8.04.210, and 8.04.280. The collection contractor is responsible for the collection of the commercial premises organic refuse collection fee from the property owner and/or occupant of the commercial premises. [Ord. 21-1489 § 3, 2021.]

8.09.230 Ownership of commercial premises organic refuse.

Upon the placement of organic refuse at the collection station or within green container for collection, the organic refuse becomes the property of the collection contractor. [Ord. 21-1489 § 3, 2021.]

8.09.240 Fees for commercial organic refuse collection service.

A. The cost for collection of organic refuse is incorporated in the billing of the refuse collection fee.

B. The city council shall fix the refuse collection fee which includes the cost for collection of organic refuse by resolution.

C. Organic refuse shall be incorporated into refuse collection and collected by the collection contractor pursuant to Chapter 8.04 PMC. [Ord. 21-1489 § 3, 2021.]

8.09.250 Educational and promotional services.

The city shall require the collection contractor to provide educational and promotional services for the sorting, storage, and disposal of organic refuse. The city may also enter into a contract for additional community educational and promotional services with a separate advertiser or public relations services provider. Fees collected under PMC 8.06.060 may be used for the services described in this section. [Ord. 21-1489 § 3, 2021.]

8.09.260 Waivers for commercial generators.

A. De Minimis Waivers. The enforcement official may waive the obligation for property owners or occupants at commercial premises to comply with this Article IV of this chapter if the property owner or occupant provides documentation that the premises generates below a certain amount of organics.

B. Physical Space Waivers. The enforcement official may waive the obligation for property owners or occupants at commercial premises to comply with this Article IV if the property owner or occupant provides documentation or if the enforcement official has evidence demonstrating that the premises lacks adequate space for the containers required for compliance with the city of Pittsburg Trash and Recycling Enclosure Guidelines.

C. A property owner or occupant may request a de minimis or physical space waiver through the following process:

1. Submit a waiver application as provided by the city or collection contractor to the enforcement official.

2. Upon receipt of the decision to or not to waive the obligation to comply with all of the organics diversion requirements of this chapter from the city, property owners or occupants of commercial premises may request a hearing or appeal the decision through the processes set forth in PMC 8.04.330 through 8.04.360.

3. Notify the enforcement official if circumstances qualifying the business for a waiver change, in which case waiver may be rescinded.

4. Provide written verification of eligibility for a waiver as often as requested by the enforcement official. [Ord. 21-1489 § 3, 2021.]

Article V. Edible Food Recovery, Reporting, and Planning

8.09.270 Commercial edible food generators.

A. Commercial edible food generators shall, and other commercial entities generating edible food may, arrange to recover the maximum amount of edible food that would otherwise be disposed by:

1. Entering 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 by the food recovery organization for food recovery. Written agreements shall include:

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

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

c. The established frequency that edible food will be collected.

2. Not intentionally spoiling edible food that is capable of being recovered.

3. Keeping records that include the following information:

a. A list of each food recovery service or organization that collects or receives its edible food.

b. A copy of all written agreements established under this chapter.

c. A record of the quantity of edible food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

4. Allowing the enforcement official or collection contractor to access a premises and review records described in this section. [Ord. 21-1489 § 3, 2021.]

8.09.280 Food recovery organizations and services.

A. Food recovery services collecting or receiving edible food directly from any generator of edible food pursuant to a written agreement shall maintain the following records:

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

2. The quantity in pounds of edible food 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 any generator of edible food pursuant to a written agreement shall maintain the following records:

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

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

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

C. Commencing June 30, 2022, all food recovery organizations and food recovery services shall report to the city or collection contractor the total pounds of edible food recovered in the previous calendar year from all the commercial edible food generators they have established a written agreement with no later than June 30th annually.

D. All records discussed in this section shall be made available to the city or collection contractor upon request.

E. A food recovery service or organization may be banned from working within the city upon noncompliance with the provisions set forth in this section at the city’s discretion. [Ord. 21-1489 § 3, 2021.]

8.09.290 Food recovery capacity planning.

A. The city shall conduct edible food recovery capacity planning, in coordination with Contra Costa County upon the county’s request.

B. 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 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. [Ord. 21-1489 § 3, 2021.]

Article VI. Inspections

8.09.295 Inspections.

A. The enforcement official is authorized to conduct inspections and investigations, at random or otherwise, of any cart, container, vehicle load, or disposal area for materials collected from generators, or source separated materials to confirm the presence of contamination of carts or containers as defined in PMC 8.04.030 as well as compliance with the PMC by property owners and occupants, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow enforcement officials to enter the interior of a residential premises for inspection.

B. Property owners and occupants of commercial premises shall provide or arrange for access to the collection station during all inspections (with the exception of dwelling unit interiors) and shall cooperate with the enforcement official during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of refuse as defined by PMC 8.04.030 in carts and containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to a premises; (2) installation and operation of remote monitoring equipment; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

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

D. The enforcement official is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. [Ord. 21-1489 § 3, 2021.]

Article VII. Enforcement

8.09.300 Reporting noncompliance to property owner or occupant.

The collection contractor shall be responsible for reporting noncompliance under this chapter first to the property owner or occupant for an opportunity to resolve the nuisance. [Ord. 21-1489 § 3, 2021.]

8.09.310 Notification of noncompliance to the city enforcement official.

If the property owner or occupant does not resolve the noncompliance within seven days of receipt of report from the collection contractor, the collection contractor shall notify a city enforcement official of the nuisance. [Ord. 21-1489 § 3, 2021.]

8.09.320 Enforcement of violations by property owners and occupants.

If in the opinion of the collection contractor or enforcement official, a property owner or occupant of a premises in the city fails to comply with any of the provisions set forth in this chapter, the property owner or occupant shall be subject to enforcement actions set forth in Chapter 8.04 PMC, Articles V, VI, and VII. [Ord. 21-1489 § 3, 2021.]

8.09.330 Enforcement of violations that violate the franchise agreement.

If in the opinion of the enforcement official, the collection contractor fails to comply with any of the provisions set forth in this chapter, the collection contractor shall be subject to enforcement actions set forth in Chapter 8.04 PMC, Article VI. [Ord. 21-1489 § 3, 2021.]

8.09.340 Enforcement – Other.

If in the opinion of the collection contractor or enforcement official, a person or entity in the city fails to comply with any of the provisions set forth in this chapter, the person or entity shall be subject to enforcement actions set forth in Chapter 8.04 PMC, Articles V, VI, and VII. [Ord. 21-1489 § 3, 2021.]