Chapter 6.21 BUSINESS AND MULTIFAMILY RECYCLING AND ORGANICS RECYCLING

2. Requiring covered generators in the city of Rancho Cordova to keep organic recyclable materials separate from all other garbage for organics recycling;

3. Requiring covered generators to provide city-approved signs and labeled containers for the storage and collection of recyclable materials and organic recyclable materials;

4. Requiring covered generators to self-haul recyclable materials and/or organic recyclable materials with written approval from the public works director, and/or his or her designee, or enter into a written service agreement for the collection and subsequent delivery of recyclable materials and organic recyclable materials to a recycling facility; and

5. Prohibiting the collection of garbage to covered generators that are not subscribed to recyclable material and organic recyclable material collection services with the same franchised waste hauler or who have not received written approval from the public works director, and/or his or her designee, for an exemption or waiver.

B. It is further the purpose of this chapter to provide a mechanism to require the implementation of recycling programs and organics recycling programs for covered generators within the city to thereby enable the city to meet and maintain the 50 percent waste diversion requirements set forth in Section 41780(a)(2) of the California Public Resources Code. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.020 Definitions.

A. “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341,” as amended, supplemented, superseded, and replaced from time to time.

B. “AB 827” means the Solid Waste: Commercial and Organic Waste: Recycling Bins Act of 2019.

C. “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as “AB 1826,” as amended, supplemented, superseded, and replaced from time to time.

D. “Alternative compliance and exemption form” means the form provided by the public works director, and/or his or her designee, on which a covered generator may request an exemption or waiver from the recycling and organics materials collection requirements.

E. “City” means the city of Rancho Cordova, California.

F. “Collection” means the act of picking up and removing garbage, recyclable materials or organic recyclable materials at the place of generation.

G. “Commercial hauler” or “hauler” means any person who collects, hauls, or transports commercial garbage, recyclables and/or organics for a fee by use of any means, including, but not limited to, a dumpster truck, roll-off truck, a side-load, front-load, or rear-load garbage truck, or a trailer.

H. “Commercial solid waste” means all solid waste as defined in subsection (UU) of this section that is generated by and at commercial and industrial sources, multifamily residential properties, and construction and demolition activities that is collected by a commercial hauler.

I. “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.

J. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74).

K. “Covered generator” means all single-family, commercial business and multifamily residential properties (which are a type of commercial business for the purposes of implementing this chapter). The public works director, and/or his or her designee, shall specify the minimum weekly solid waste collection service threshold that defines covered generators for the purposes of this chapter and shall include such designation in the commercial franchise agreement and shall also be designated in RCMC 6.21.030, Threshold for single-family, commercial business and multifamily property generators. A covered generator may include a single-family, business or multifamily residential property owner or generator and is dependent on whomever executes a contract(s) for solid waste, recycling, and organics recycling removal and collection services.

L. “Customer” means a single-family, business or multifamily residential property owner or generator who contracts for solid waste removal services and enters into a service agreement with a franchised waste hauler. Where several businesses or multifamily residential properties share garbage containers and service, “customer” refers only to the party who enters into a contract for garbage, recycling and organic collection services.

M. “Designated green materials” (or “green materials”) means materials that are required to be separated from garbage and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Green materials include, but are not limited to: yard trimmings, grass, weeds, leaves, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste. Green material excludes food scraps and paper contaminated with food scraps.

N. “Designated organic recyclable materials” (or “organic recyclable materials”) means materials that are required to be separated from garbage and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Organic recyclable materials include, but are not limited to: yard trimmings and food scraps such as green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, dairy waste, meat waste, fish waste, paper products and food-soiled paper products and/or as otherwise specified by the public works director and/or his or her designee.

O. “Designated recyclable materials” (or “recyclable materials”) means materials that are required to be separated from garbage and designated organic recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Recyclable materials include, but are not limited to: clean cardboard, paper, plastic, scrap metal, beverage containers, and clean (untreated and unpainted) wood.

P. “Designee” means a person or entity that the city manager or public works director designates, contracts with, or otherwise arranges to carry out any of the jurisdiction’s responsibilities of this chapter authorized by 14 CCR Section 18981.2. A designee may be a government employee or entity, a private entity, a franchised collector, or a combination of those entities.

Q. “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.

R. “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.

S. “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).

T. “Food scraps” means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. “Food scraps” excludes fats, oils, and grease when such materials are source separated from other food scraps.

U. “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).

V. “Food waste” means food scraps and food-soiled paper.

W. “Franchise” or “commercial franchise” means a commercial garbage, organics and recyclables collection franchise issued to a commercial hauler by the city of Rancho Cordova.

X. “Franchisee” or “franchised waste hauler” means a person or entity holding a commercial or residential franchise issued by the city pursuant to Chapter 6.20 RCMC.

Y. “Garbage” means those elements of the solid waste stream designated for the garbage container, and excludes hazardous waste, excluded waste, materials designated for the organics container or recycling container or materials which have been separated for reuse.

Note: The distinction between garbage and solid waste is that solid waste includes garbage, recyclable materials, and organic recyclable materials while garbage does not.

Z. “Garbage container” has the same meaning as “gray container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of garbage.

AA. “Generator” means each single-family, business or multifamily residential property that is responsible for the initial creation of garbage, organic waste or recyclable materials.

BB. “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).

CC. “Multifamily residential property” means five or more individual living units located on a single parcel of land and any mobile home park located within the city.

DD. “National contracts” means contracts between waste management companies and multi-sited waste-generating companies that operate currently throughout the United States, in more than one state.

EE. “Organics container” has the same meaning as “green container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic recyclable material designated for compost processing, including food waste and landscape and pruning waste accepted in the city’s organic waste collection program, and other organic materials as determined by the city as acceptable for the organics container.

FF. “Organic waste” or “organic recyclable material” means solid waste containing material originating from living organisms and their metabolic waste products, including but not limited to food, food scraps, food-soiled paper, 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). Organic waste does not include rigid compostable plastic.

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

HH. “Owner” means the person who owns a business or multifamily residential property. An owner may also be a generator.

II. “Person” means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever.

JJ. “Public works director” means the public works director of the city of Rancho Cordova, California.

KK. “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Section 40201 of the California Public Resources Code. The term “recycling” may be used to include source separated materials.

LL. “Recycling facility” means those facilities or operations that receive, process, and transfer to market recyclable materials or organic recyclable materials that have been source separated from the solid waste stream.

MM. “Recyclable material” or “recyclables” means materials that have been separated from the solid waste stream prior to disposal for the purpose of returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace, and that are not landfilled. Recyclable material or recyclables includes those materials that can be placed in the recycling container including, but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the city.

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

OO. “Recycling plan” means the plan to be presented to all covered generators by their franchised waste hauler to document understanding of the requirements of this chapter and record the selected compliance option for each designated recyclable material or each designated organic recyclable material.

PP. “Removal” means the act of taking garbage, recyclable materials, or organic recyclable materials from the place of generation.

QQ. “SB 1383” means the Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016. Article 4 Title 14, Division 4, Chapter 12 of the California Code of Regulations.

RR. “Single-family” means of, from, or pertaining to any residential premises with fewer than five units for the purposes of implementing this chapter.

SS. “Self-haul,” when used in reference to a covered generator, means a covered generator, or employee designated by the covered generator, who collects, transports and hauls recyclable materials and/or organic recyclable materials from the business or multifamily residential property in a vehicle owned by either an employee or the entity to a recycling facility rather than hiring a franchised waste hauler to perform this function. Self-hauler also includes a person who back-hauls waste.

1. “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.

TT. “Service agreement” means a written agreement between a franchised waste hauler and a covered generator concerning the collection of designated recyclable materials and/or designated organic recyclable materials.

UU. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. “Solid waste” does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code, or medical waste. “Solid waste” includes recyclable materials or organic recyclable materials set out for separate collection for the purposes of recycling and that are not landfilled.

VV. “Source separate” or “source separated” means the process of removing recyclable materials and/or organic recyclable materials from garbage for the purpose of recycling and/or organics recycling.

WW. “Subcontract” is a contract assigning some of the obligations of a contract to a third party.

XX. Tier One and Tier Two Commercial Edible Food Covered Generators.

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

a. Supermarket. “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.

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

c. Food service provider.

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

e. Wholesale food vendor. “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.

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

a. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.

b. Hotel with an on-site food facility and 200 or more rooms. “Hotel” has the same meaning as in Section 17210(a) of the Business and Professions Code.

c. Health facility with an on-site food facility and 100 or more beds. “Health facility” has the same meaning as in Section 1250 of the Health and Safety Code.

d. Large venue. “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 the purposes of this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For the purposes of this chapter, 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.

e. Large event. “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.

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

g. A local education agency with an on-site food facility. “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. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.030 Threshold for single-family, commercial business and multifamily property generators.

A. Recycling Requirements. All single-family, commercial business and multifamily residential property generators, and any other covered generators as defined in state law, must subscribe to a sufficient number of recyclable material containers to adequately store all source separated recyclable materials generated in connection with the residence or business between the times designated for collection from a franchised waste hauler unless they receive alternative compliance and exemption from the city as provided for in RCMC 6.21.040. The city shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the city in order to meet the standards set forth in this chapter.

B. Organics Recycling Requirements. All single-family, commercial business and multifamily residential property generators, and any other covered generators as defined in state law, must subscribe to a sufficient number of recyclable material containers to adequately store all source separated organic recyclable materials generated in connection with the residence or business between the times designated for collection and receive an adequate level of organic waste collection services from a franchised waste hauler unless they receive written approval of an alternative compliance and exemption from the city as provided for in RCMC 6.21.040. The city shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the city in order to meet the standards set forth in this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.035 Education and outreach requirements for commercial business owners and multifamily owners.

All commercial business owners are required to:

A. Excluding multifamily residential dwellings, 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 recycling container, organics container, and garbage container collection service.

B. Excluding multifamily residential dwellings, periodically inspect recycling containers, organics containers, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

C. Including multifamily residential dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials. A copy of such instructions shall be provided to the public works director or designee, upon request.

D. Including multifamily residential dwellings, provide information before or within 14 days of new occupation of the premises to new tenants and no less than 14 days before tenants move out of the premises, unless a tenant does not provide 14 or more days’ notice before moving out, that describes requirements to keep organics container organic waste and recyclable materials separate from each other and from garbage, the location of containers, and the rules governing their use at the premises.

E. Including multifamily residential dwellings, prominently post and maintain one or more signs where recyclable materials and/or organic waste are collected and/or stored that set forth what materials are required to be source separated, in addition to collection procedures for such materials. [Ord. 11-2023 § 3 (Exh. A)].

6.21.040 Additional requirements for covered generators.

A. Any covered generator that does not subscribe to garbage, recyclable material, and organic waste collection services with the same franchised waste hauler is required to complete an “alternative compliance and exemption form” and have that form approved by the city in writing as a condition of receiving garbage collection service from a franchised waste hauler.

B. Each covered generator shall be responsible for ensuring and demonstrating its compliance with the following requirements:

1. Source separate designated recyclable materials and designated organic recyclable materials from garbage;

2. Provide a basic level of recycling and organics recycling services that includes, at a minimum, the collection of designated recyclable materials and/or designated organic recyclable materials;

3. Enter into a service agreement with the same franchised waste hauler for the collection of designated recyclable materials and designated organic recyclable materials; and

4. Complete and retain, on site, if applicable, the approved alternative compliance and exemption form, certifying that recycling and/or organic collection services are being provided by a franchised waste hauler if that franchised waste hauler is not also providing garbage service or certifying and receiving written approval from the public works director, and/or his or her designee, that all self-hauling activities will be completed in accordance with provisions in RCMC 6.21.120.

C. Multifamily property owners shall provide for recyclable materials containers for designated recyclable and organic materials in multifamily residential rental units and in maintenance and work areas where recyclable materials may be collected and/or stored.

D. Each covered generator under AB 827, and all other applicable state laws, shall provide recyclable materials containers for designated recyclable and organic materials where customers have access to the business. Each covered generator shall prominently post and maintain one or more signs where designated recyclable materials and/or designated organic recyclable materials are collected and/or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.

E. Commercial business owners and multifamily property owners shall ensure that designated recyclable materials and/or designated organic recyclable materials generated at their site will be taken only to a recycling facility and not to a landfill for disposal by complying with all requirements under this chapter.

F. The service agreement, alternative compliance and exemption form, and/or other documents pertaining to this chapter, shall be available for inspection by the public works director, and/or his or her designee, at the principal location of the covered generator during normal business hours.

G. Nothing in this chapter shall abridge the right of any covered generator, or any other person, to sell or exchange at fair market value its own recyclable materials or organic recyclable materials which are source separated for reuse and recycling or organics recycling.

H. No franchised waste hauler shall be held liable for the failure of its customers to comply with such regulations.

I. No covered generator shall be liable for the failure of their franchised waste hauler to deliver designated recyclable materials or designated organic recyclable materials to a recycling or processing facility. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.050 Special requirements.

In addition to any and all requirements that apply to the recycling and/or organics recycling of designated recyclable materials and/or designated organic recyclable materials throughout the city above, collection service received or provided in the city shall be subject to the following additional special requirements:

A. No recycling, automatic lift containers or bins within the collection area of the city shall be placed or located in such a manner that blocks or impedes passage through an alley or through any doorway of any building adjoining an alley, notwithstanding that such building may be abandoned or otherwise out of use.

B. Compliance with the above special requirements shall be the sole responsibility of the covered generator. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.060 Designation of recyclable materials and organic recyclable materials.

Designated recyclable materials and/or designated organic recyclable materials shall be source separated from garbage before collection, removal, transportation or disposal pursuant to this chapter. The public works director, and/or his or her designee, shall specify designated recyclable materials and organic recyclable materials that must be source separated by all covered generators pursuant to RCMC 6.21.040. The specifications for designated recyclable materials and designated organic recyclable materials shall consider materials market conditions and the availability of a cost-effective system for recycling such materials. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.070 Ownership of recyclable materials and organic recyclable materials.

A. All designated recyclable materials and designated organic recyclable materials placed in automatic lift containers, bins or roll-off bins shall be considered owned by and be the responsibility of the franchised waste hauler. No person shall collect designated recyclable materials or designated organic recyclable materials placed in automatic lift containers, bins or roll-off bins for recyclable materials or organic recyclable materials by customers without permission from the franchised waste hauler.

B. Except as authorized by RCMC 6.21.120, Requirements for self-hauling, it shall be unlawful for any person to engage in the business of collecting, removing or transporting, or to otherwise organize, direct or sponsor the collection, removal or transportation of, designated recyclable materials or designated organic recyclable materials who is not a franchised waste hauler. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.080 Requirements for franchised waste haulers.

A. Commercial waste haulers shall be franchised pursuant to the provisions of Chapter 6.20 RCMC, and such franchise shall be in full force and effect.

B. Franchised waste haulers shall offer collection service and automatic lift containers, bins or roll-off bins for designated recyclable materials and designated organic recyclable materials sufficient to accommodate the quantity and types of designated recyclable materials and designated organic recyclable materials to all its garbage customers.

C. Franchised waste haulers shall equip and provide automatic lift containers, bins and roll-off bins for designated recyclable materials and designated organic recyclable materials with locks and/or other suitable features to prevent theft of recyclable materials and organic recyclable materials.

D. Franchised waste haulers may subcontract for collection of designated recyclable material and/or designated organic recyclable materials, so long as the subcontractor holds a current franchise.

E. Franchised waste haulers shall conduct all activities in accordance with all applicable state and local laws and best management practices. Vehicles, equipment and containers shall be kept in a clean and well-maintained condition.

F. Franchised waste haulers shall not take a customer’s designated recyclable materials or designated organic recyclable materials to a landfill or other disposal site, but to a recycling facility.

G. Franchised waste haulers, upon request, shall provide the public works director, and/or his or her designee, with a copy of a service agreement, recycling plan, alternative compliance and exemption form, or other document (e.g., receipt from a recycling facility) demonstrating that the covered generator’s designated recyclable materials and/or designated organic recyclable materials are being taken to a recycling facility. The service agreement, recycling plan, alternative compliance and exemption form, or other documents shall be available for inspection by the public works director, and/or his or her designee, at the franchised waste haulers’ place of business during normal business hours.

H. City staff may audit all franchised waste haulers’ records.

I. Franchised waste haulers shall not provide garbage collection services to a business or multifamily residential property covered generator unless that business or multifamily property covered generator is also receiving both recyclable material and organics recyclable material collection services from the same franchised waste hauler providing garbage service; or

1. Unless the franchise waste hauler has received a completed alternative compliance and exemption form from the business or multifamily residential covered generator; and

2. The city has received and provided the covered generator with written approval of its alternative compliance and exemption form request and notified the franchised waste hauler in writing of any such approval.

J. Franchised waste haulers are required to submit all completed alternative compliance and exemption forms to the city for review which will be due on the tenth of each month for the previous reporting month.

K. Franchised waste haulers are required to maintain a list of any and all businesses and multifamily properties that the franchised hauler is providing garbage collection services to but is not also providing recycling and organic collection services (non-full-service account list). Franchised haulers shall provide a current non-full-service account list to the city, which will be due on the tenth of each month for the previous reporting month.

L. Franchised waste hauler shall be required to meet full compliance with requirements pursuant to RCMC 6.21.090 by a date set by the public works director and/or his or her designee. Franchised waste hauler shall receive written notification of such terms.

M. Franchised hauler shall meet the following requirements and standards in connection with collection of organic waste and recyclables:

1. Through written notice or written report to the city, franchised hauler shall annually identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated organic waste.

2. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

3. 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. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.090 Requirements for service agreements.

A. Franchised waste haulers shall execute a written service agreement with all covered generators as required in RCMC 6.21.040 before the franchised waste hauler begins to collect garbage and/or designated recyclable materials and/or designated organic recyclable materials.

B. Service agreements shall incorporate, but are not limited to, the following terms and conditions:

1. Be clearly labeled as a service agreement.

2. Describe the garbage and/or recyclable material and/or organics recyclable material collection services to be provided by the franchised waste hauler and the cost for providing such services to the customer.

3. Clearly state the initial term and renewal terms.

4. Include the condition, as applicable, that the franchised waste hauler cannot provide garbage collection services to a covered generator unless:

a. The business or multifamily property covered generator is also receiving both recyclable materials and organics recyclable waste collection services from the franchised waste hauler; or

b. The city has received and provided the covered generator with written approval of its alternative compliance and exemption form request.

5. May contain automatic renewal for successive periods of no longer than one year, unless either party gives written notice of termination by certified or registered mail at least 60 days prior to the termination date of the current agreement.

6. May be amended as mutually agreed upon by the customer and the franchised waste hauler.

7. Customers are to receive a written notice of price increases not less than 30 days prior to the effective date of such price increase.

8. Franchised waste haulers shall respond to customer inquiries regarding the service agreement within 30 days.

9. Include language stating that collection containers will be removed from the property of a customer within 30 days of final termination of services to the customer.

10. Not require customers to pay over three months’ liquidated damages during the renewal term and over six months’ liquidated damages during the initial term of the service agreement.

11. Not require a customer to give a franchised waste hauler the exclusive right to provide recycling collection services or the exclusive right to provide organics recyclable material collection services as a condition of a service agreement, unless the customer affirmatively indicates that is its desire.

12. Not require customers to give notice of any offer by a competitor or require customers to give franchised waste haulers the right to respond to such an offer.

13. Franchises must be in full force and effect for the service agreement to be effective.

C. The requirements for service agreements contained in this section shall be incorporated into all new service agreements upon enactment of this chapter. Existing service agreements between a franchised waste hauler and a customer executed before the effective date of the ordinance codified in this chapter shall remain in force for the remainder of the existing contract and shall be governed by the terms and conditions specified in the existing service agreement; provided, that such existing service agreements shall comply, to the extent allowable by law, with the new recycling and organics recycling programs established by this chapter.

D. National contracts or agreements are exempt from the requirements of contract length and renewal terms. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.100 Process for addressing covered generator noncompliance.

In the event that the franchised waste hauler must stop providing garbage collection service to a covered generator due to the covered generator’s noncompliance with this chapter the franchised waste hauler shall take the following steps:

A. Issue a written “service termination notice” to the noncompliant commercial generator stating that the franchised waste hauler shall terminate garbage collection services within 14 days of providing that service termination notice to the business or multifamily residential property. That “service termination notice” shall clearly state that it is mandatory for the business or multifamily residential property to subscribe to garbage, recyclable material and organic recyclable material collection service as required by RCMC 6.21.040.

B. Notify the city by email no more than seven business days and no less than two business days before collection service is suspended for all carts, bins and/or containers from the business or multifamily residential property.

C. Suspend collection service of all carts and/or containers from the business or multifamily residential property that has not complied within 14 days of receiving the service termination notice.

D. Notify the public works director, and/or his or her designee, in person or by telephone within 24 hours after suspending collection service of all garbage carts and/or containers from the business or multifamily residential property.

E. Send a follow-up email that has been confirmed by the franchised waste hauler to be received by the public works director, and/or his or her designee, by the end of the next business day the name and address of the covered generator that the franchised waste hauler has suspended collection service of all garbage carts and/or containers to. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.110 Requirements for multifamily residential properties.

A. Multifamily residential tenants shall be responsible for compliance with the requirement to source separate designated recyclable materials and/or designated organic recyclable materials from garbage pursuant to RCMC 6.21.040(B)(1).

B. No multifamily residential property owner who is a covered generator pursuant to RCMC 6.21.020(K) shall be cited for noncompliance with this chapter as a result of the failure of his or her rental property tenants to source separate designated recyclable materials or designated green materials and/or organic recyclable materials from garbage pursuant to RCMC 6.21.040.

C. Multifamily residential property owners who are covered generators pursuant to RCMC 6.21.020(K) shall be responsible for compliance with RCMC 6.21.030, 6.21.035, and 6.21.040.

D. Every multifamily residential unit shall have a recyclable materials container provided by either the multifamily residential property owner who is a covered generator pursuant to RCMC 6.21.020(K), or by the multifamily tenant as part of their rental agreement. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.115 Commercial edible food generator requirements.

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, or such later deadline established by state law or regulations.

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, or such later deadline established by state law or regulations.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed of.

2. Enter into a contract or other written agreement with food recovery organizations or food recovery services for: (a) the collection for food recovery of edible food that would otherwise be disposed of; or (b) acceptance of edible food that would otherwise be disposed of that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organization or food recovery service on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organization or service.

4. Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.

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

6. Allow the enforcement officer to review records upon request, including by providing electronic copies or allowing access to the premises.

7. 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 food recovery 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 and written agreements between the commercial edible food generator and a food recovery service or organization.

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

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

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

iii. The established 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.

8. If it has not entered into a contract or written agreement with food recovery organizations or food recovery service, a record that describes (a) its direct donation of edible food to end recipients (including employees) and/or (b) its food waste prevention practices that result in it generating no surplus edible food that it can donate.

9. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement officer that includes the information in subsection (C)(7)(c) of this section. Entities shall provide the requested information within 60 days of the request.

D. Nothing in this chapter shall be construed to limit or conflict with (1) 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; or (2) otherwise applicable food safety and handling laws and regulations.

E. Nothing in this chapter prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a). [Ord. 11-2023 § 3 (Exh. A)].

6.21.116 Food recovery organizations and services requirements.

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:

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. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

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 to which the food recovery service transports edible food 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:

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. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from 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 shall report to the city, or its enforcement officer, the total pounds of edible food recovered from the tier one and tier two commercial edible food generators they have established a contract or written agreement with (regardless of whether those generators are located in the city) according to the following schedule:

1. No later than April 30, 2023, and no later than every April 30th thereafter, submit a report covering the period of January 1st to December 31st of the previous calendar year.

D. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the city shall provide, upon request, information and consultation to the city and/or the county, regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the county, the city and commercial edible food generators in the city. A food recovery service or food recovery organization shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified. [Ord. 11-2023 § 3 (Exh. A)].

6.21.120 Requirements for self-hauling.

A. A covered generator may haul or transport designated recyclable materials and/or designated organic recyclable materials generated and collected at its business or multifamily residential property to a recycling facility that diverts material from disposal, rather than hiring a franchised waste hauler, only if an owner, generator or employee of the entity completes this activity by utilizing a vehicle owned by either an employee or the entity has also submitted an alternative compliance form to the city and received written approval for self-hauling activities.

Self-haulers must source separate their recyclable materials and organic waste generated on site from solid waste in a manner consistent with this section or haul organic waste to a high diversion organic waste processing facility.

Self-haulers must haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste or to a high diversion organic waste processing facility; and haul their garbage to a fully permitted solid waste facility.

B. Business and multifamily covered generators pursuant to RCMC 6.21.020(K) that self-haul or transport designated recyclable materials and/or designated organic recyclable materials shall follow established provisions pursuant to RCMC 6.21.040(A) and 14 CCR Section 18988.3.

C. A covered generator that self-hauls or transports designated recyclable materials and/or designated organic recyclable materials collected at its business or multifamily residential property to a recycling facility without the utilization of a franchised waste hauler must complete and retain on site an approved alternative compliance and exemption form certifying all self-hauling activities will be completed in accordance with the provisions of all applicable laws or regulations of this chapter and 14 CCR Section 18988.3. The alternative compliance and exemption form shall be made available to the public works director, and/or his or her designee, upon request. At a minimum, the covered generator shall provide the following information on the alternative compliance and exemption form and also keep records containing the following information:

1. The name, address and telephone number of the covered generator that is signing the self-haul form.

2. A list of the types of recyclable materials and/or organic recyclable materials being self-hauled.

3. Delivery receipts and weight tickets from the entity accepting the waste.

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

a. 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 waste.

5. For each type of recyclable material and/or organic recyclable material, the amount that is being taken from the business and multifamily residential property to a recycling facility quarterly.

6. The name and address of the recycling facility(ies).

7. A written statement signed by the business or multifamily residential property owner or generator certifying that the owner or generator agrees to comply with the requirements of this chapter.

D. The public works director, and/or his or her designee, may restrict or prohibit self-hauling by a person if the public works director, and/or his or her designee, determines, after providing 30 days’ written notice and an opportunity for a hearing, that the person’s self-hauling activities violate the provisions of this chapter or any other applicable law or regulation.

E. Self-haulers which are commercial businesses, including multifamily residential dwellings, shall keep records of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste for a minimum of five years; this record shall be subject to inspection by the city.

F. Self-haulers that are commercial businesses, including multifamily residential dwellings, shall provide these records, upon request, to the public works director or designee. Self-haulers shall provide the requested information within 60 days.

G. Landscapers who self-haul organic waste generated at a customer’s site must also meet the requirements in this section.

H. A single-family organic waste generator that self-hauls organic waste is not required to record or report this information.

I. The public works director, and/or his or her designee, will notify the covered generator that self-hauls if the alternative compliance and exemption form has been approved within 14 days of receiving the submitted request. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.125 SB 1383 regulatory compliance.

Organic waste generators, franchised waste haulers, and all other entities subject to the requirements of SB 1383 shall fully comply with all applicable SB 1383 regulatory requirements or be subject to the penalties as prescribed in Section 18997.2 of SB 1383 or RCMC 6.21.230 as determined by the public works director and/or his or her designee. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.130 Reporting.

A. Franchised waste haulers’ failure to file the reports required by this chapter or by the franchise agreement shall constitute cause for termination or suspension of its franchise pursuant to Chapter 6.20 RCMC.

B. Unless otherwise required by the franchise agreement, self-haulers shall prepare quarterly reports to be kept on site identifying, at a minimum, the following:

1. The recyclable materials and organic recyclable materials tonnage collected and removed within the city region during the previous quarter.

2. The location of the recycling facility(ies) to which the recyclable materials and organic recyclable materials were taken during the previous quarter.

C. Unless otherwise required by the franchise agreement, franchised waste haulers shall prepare quarterly reports as designated by the public works director and/or his or her designee.

D. Unless otherwise required by the franchise agreement, franchised waste haulers shall prepare monthly reports as required pursuant to RCMC 6.21.080(J) and (K).

E. The public works director, and/or his or her designee, shall provide and establish guidelines, forms and other appropriate materials to assist franchised waste haulers and self-haulers in preparing the reports required by this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.140 Exemptions from recycling standards.

A. Notwithstanding any other provision herein, a covered generator shall not be required to source separate recyclable materials and/or organic recyclable materials if the business or multifamily residential property owner or generator demonstrates to the public works director, and/or his or her designee, that there is no collection service or other system available for recycling such material.

B. Notwithstanding any other provision herein, a covered generator shall be exempt from the recycling and/or organics recycling requirements in RCMC 6.21.040 if all of the generators on the owner’s business or multifamily residential property are exempt from or not required to comply with the provisions of RCMC 6.21.040, or if designated recyclable materials and/or designated organic recyclable materials are not being generated by any activities occurring on the covered generator’s property. Documentation to that effect will be required as described in subsections (C)(2) and (3) of this section.

C. Covered commercial and multifamily generators may be exempted by the public works director, and/or his or her designee, if it is determined through a site visit or other means of verification:

1. That the premises lacks adequate space for any of the recycling or organic waste containers. If the public works director and/or his or her designee determines that it is feasible for recycling and/or organic collection containers to be placed on site or shared with an adjoining generator, the covered generator will be responsible for compliance with this chapter. The commercial or multifamily generator requesting an exemption must provide documentation with the application for an exemption that the premises lacks adequate space for recycling containers and/or organics containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other person authorized by the public works director and/or his or her designee;

2. That the covered generator’s total solid waste generation is two cubic yards or more per week and organic waste subject to collection in a blue recycling container or green organics container comprises less than 20 gallons per week of the covered generator’s solid waste; or

3. That the covered generator’s total solid collection service is less than two cubic yards per week and total organic waste generation subject to collection in a blue container or green container is less than 10 gallons per week of the covered generator’s total solid waste.

D. Covered generators may be exempted by the public works director, and/or his or her designee, from the regulatory requirements of AB 341, AB 1826 and/or SB 1383, or any other applicable state law; provided, that the business or multifamily residential property covered generator has submitted an alternative compliance and exemption form with the requested documentation to the city and the city has provided the covered generator with written approval of its exemption request.

E. City-issued exemptions from the regulatory requirements of AB 341, AB 1826 and/or SB 1383, or any other applicable state law, shall be valid for no more than two years unless the city authorizes an extension of that two-year waiver period.

F. The following persons shall automatically be exempt from the requirements of this chapter:

1. The United States, state of California, a city, a county, a special district or other local public agency, or any employee or member of the armed forces thereof, when collecting or transporting designated recyclable materials produced by operation of the public entity under a system of recyclable materials collection and transportation operated and maintained by the public agency within the city region as specified herein and in Chapter 6.20 RCMC.

2. Municipal corporations and other governmental agencies using their own vehicles and employees engaged in the collection, transportation or disposal of designated recyclable materials within the city. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.150 City rules and regulations.

A. The public works director, and/or his or her designee, is authorized to make and enforce administrative rules and regulations governing recycling and organics recycling at businesses and multifamily residential properties, and all related activities including recycling and commercial solid waste generation, storage, recovery, accumulation, collection, removal, transportation and disposal; the manner in which commercial garbage, recycling and organics recycling services are provided; types of commercial garbage, organics and recycling containers and vehicles used for the operation and maintenance of sanitary methods of commercial garbage, recycling and organics recycling disposal; reporting requirements for franchised waste haulers and self-haulers; and for the effective administration of this chapter. All such rules and regulations shall be consistent with the provisions of the city code and shall be effective on the thirtieth day following the filing of any such rules and regulations with the city clerk.

B. The city council may, and is hereby empowered to, grant to a qualified applicant a nonexclusive franchise to engage in the business of collecting, transporting or disposing of commercial garbage, recyclable materials or organic recyclable materials kept, accumulated or generated in the city region.

C. The city council may grant a franchise based on compliance with this chapter. Any grant of a franchise by the city council may be subject to such terms, conditions, rules, regulations, restrictions, and limitations, as the city council deems necessary to protect the public health, safety, or welfare.

D. The city council hereby empowers and grants to the public works director, and/or his or her designee, the authority to grant commercial nonexclusive collection service agreements (commercial nonexclusive franchisees) to franchised waste haulers, to specify designated recyclable materials and designated organic recyclable materials and make administrative rules and regulations governing covered generators.

E. The city council hereby empowers and grants to the public works director, and/or his or her designee, the authority to administer, implement and enforce this chapter and administrative rules and regulations governing business and multifamily residential property recycling and organics recycling thereafter.

F. It shall be unlawful and constitute a violation of this chapter for any person to violate or otherwise fail to comply with any rule or regulation issued pursuant to this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.160 Rights reserved to city.

In addition to all other rights reserved to the city, the following shall apply:

A. There is hereby reserved to the city every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful code, title or resolution of the city, whether enacted before or after the effective date of the ordinance codified in this chapter.

B. Neither the granting of any franchise, nor any provision of any franchise, shall constitute a waiver of or a bar to exercise of any governmental right or power of the city.

C. The grantee receiving any type of franchise agreement shall have no recourse whatsoever against the city, its officers, employees or agents, or any of the city member entities, their officers, employees, or agents for any loss, cost, expense or damage arising out of any provision or requirement of this chapter because of the enforcement of this chapter.

D. There is hereby expressly reserved to the city the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the franchised waste hauler, commercial hauler or covered generator. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.170 Administration and costs.

A. The administration of this chapter is the duty of the public works director and/or his or her designee. The public works director, and/or his or her designee, is authorized and directed by the city council to administer this chapter.

B. Commercial franchise fees will fund administration, implementation and enforcement costs. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (ExhB)].

6.21.180 Unlawful acts.

A. It shall be unlawful to combine designated recyclable materials and organic recyclable materials with garbage. Failure of covered generators to source separate designated recyclable materials or organic recyclable materials for recycling or organics recycling is a violation of this chapter.

B. It shall be unlawful for franchised waste haulers to commingle materials in garbage bins or carts with materials in recycling bins or carts in one collection vehicle.

C. It shall be the responsibility of the covered generator whose garbage was not removed because it contained designated recyclable materials to properly separate designated recyclable materials from the uncollected solid waste for proper recycling. Allowing such unseparated garbage to accumulate will be considered a violation of this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.190 Implementation and enforcement.

The implementation and enforcement of this chapter is the duty of the public works director, and/or his or her designee, of the city’s department of public works. The public works director, and/or his or her designee, is authorized and directed by the city council to implement and enforce this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.200 Posting of notices.

A. The public works director, and/or his or her designee, may post notices on automatic lift containers, bins and roll-off bins that are used for garbage collection and the collection of designated recyclable materials, and the collection of designated organic recyclable materials, within the city if the owner of the automatic lift containers, bins and roll-off bins is in violation of this chapter, including, but not limited to, any regulation, franchise requirement, permit, information request, order, variance, or other requirement that the public works director, and/or his or her designee, is authorized to enforce or implement pursuant to this chapter.

B. A notice shall remain on automatic lift containers, bins and roll-off bins that are used for garbage collection within the city so long as the owner of the automatic lift containers, bins and roll-off bins is in violation of this chapter. The notice shall be posted on the automatic lift container, bin, and/or roll-off bin so as to be clearly visible to the general public and include all of the following information:

1. The date the notice was posted on the container.

2. The address or location of the property, including the identification of any dwelling unit, room number, apartment number, business or multifamily residential property.

3. The name and contact telephone number of the agency posting the notice on the property.

4. The city code section that has been violated.

5. A statement that it is unlawful for any person to engage in the business of collecting, transporting or disposing of commercial garbage kept, accumulated or generated in the city, or to engage in the business of soliciting accounts or invoicing customers for commercial garbage service in the city unless a franchise has first been granted pursuant to the provisions of this chapter and such a franchise is in full force and effect.

C. A statement that a person violating the posted notice is subject to criminal penalties pursuant to city code and administrative civil penalties in an amount of up to $1,000 per day for each violation.

D. A statement that a person disturbing or destroying the posted notice is subject to administrative civil penalties in an amount of up to $1,000, in addition to any other remedies provided by this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.210 Notice of violation.

The public works director, and/or his or her designee, may issue a notice of violation to any person found to be in violation of a provision of this chapter, including, but not limited to, any regulation, franchise requirement, permit, information request, order, variance, or other requirement that the public works director, and/or his or her designee, is authorized to enforce or implement pursuant to this chapter. Issuance of a notice of violation may also result in the issuance of a notice of administrative enforcement order pursuant to this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.220 Notice of violation – Content.

A. In addition to any other content, a notice of violation shall contain the following elements:

1. A statement of the public works director, and/or his or her designee, that indicates a violation has occurred.

2. A citation of the provisions of this chapter, including any regulation, franchise requirement, permit, information request, order, variance, or other requirement that has been violated.

3. A date by which any person must be in compliance with this chapter including any regulation, franchise requirement, permit, information request, order, variance, or other requirement, or a date by which an action plan must be submitted by the person to propose a means and timeframe by which to correct violations. The public works director, and/or his or her designee, may extend the compliance date when good cause exists for such an extension.

4. Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.

5. Notification that the city may recover any costs incurred by the city as a result of the violation.

6. Notification that a violation of this chapter may result in an administrative civil penalty or in criminal penalties.

7. Notification that the correction of any alleged violation(s) within the specified deadline date(s) will not necessarily prevent the public works director, and/or his or her designee, from issuing an administrative enforcement order and imposing administrative civil penalties relating to the alleged violation(s).

B. In addition to any other content, a notice of violation may establish required corrective actions, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:

a. Cessation of prohibited actions.

b. Correction of prohibited conditions.

c. A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.

d. Reporting requirements to demonstrate ongoing compliance.

2. A requirement that the person receiving same shall submit written certification to the public works director, and/or his or her designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to receipts, contracts, or photographs.

3. Any other terms or conditions reasonably calculated to prevent additional violations of this chapter.

C. An administrative enforcement order may be issued separately, but only after issuance of a notice of violation, or in combination with a notice and order, for the same violations or set of related violations. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.230 Administrative enforcement order.

A. If the public works director, and/or his or her designee, determines that a person, covered generator, or franchised waste hauler has committed or is committing a violation of any provision of this chapter, the public works director, and/or his or her designee, may issue an administrative enforcement order, after issuing a notice of violation or, in combination with a notice of violation, requiring that the violation be corrected and imposing an administrative penalty.

B. Pursuant to this chapter, the violator shall be liable for a penalty of not more than $1,000 for each day on which each violation occurs and/or continues. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.240 Administrative enforcement order – Content.

A. In addition to any other content, an administrative enforcement order shall contain the following elements:

1. A statement of the public works director, and/or his or her designee, that indicates a violation has occurred.

2. A citation of the provision of this chapter including any regulation, franchise requirement, permit, information request, order, variance, or other requirement that has been violated.

3. A date by which any person must be in compliance with this chapter, or a date by which an action plan must be submitted by the person to propose a means and time frame by which to correct violations. The public works director, and/or his or her designee, may extend the compliance date when good cause exists for such an extension.

4. Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.

5. Notification that the city may recover any costs incurred by the city as a result of the violation.

6. Notification as to whether an administrative civil penalty is imposed and the terms and conditions of payment, if any. In establishing the penalty amount, the public works director, and/or his or her designee, shall take into consideration:

a. The nature, circumstances, extent, and gravity of the violation.

b. The violator’s past and present efforts towards compliant behavior.

c. The violator’s ability to pay the penalty.

d. The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.

8. Notification that the recipient has a right to a hearing on the matter as set forth in RCMC 6.21.280 to appeal any findings or required corrective actions established by the public works director and/or his or her designee.

9. Notification of procedures for requesting a hearing established according to RCMC 6.21.260.

B. In addition to any other content, an administrative enforcement order may establish required corrective actions, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:

a. Cessation of prohibited actions.

b. Correction of prohibited conditions.

c. A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.

d. Reporting requirements to demonstrate ongoing compliance.

2. A requirement that the person receiving same shall submit written certification to the public works director, and/or his or her designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including, but not limited to, receipts, contracts, or photographs.

3. Any other terms or conditions reasonably calculated to prevent additional or ongoing violations of this chapter.

C. A notice of violation or an administrative enforcement order may be issued separately or in combination with another notice or order for the same violations or set of related violations. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.250 Delivery of notice or order.

Any notice of violation, permit revocation, administrative enforcement order or other enforcement action pursuant to the requirements of this chapter shall be subject to the following requirements:

A. Delivery shall be deemed complete upon either personal delivery to the recipient or by certified mail.

B. Where the recipient of the notice or order is the owner of the premises, the address for notice or order shall be the address from the most recently issued equalized assessment roll for the premises.

C. Where the owner or occupant of any premises cannot be located after reasonable efforts of the public works director, and/or his or her designee, the notice or order shall be deemed delivered after posting on the premises for a period of 10 business days. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.260 Administrative appeals.

A. Hearing Request. Any person, owner or operator served with a notice of violation or an administrative enforcement order issued pursuant to this chapter may contest the order on the basis that there was no violation of this chapter or that he or she is not the responsible party. To contest the order, the person shall submit a request for hearing form to the city within 15 days from the date of the administrative enforcement order. Directions on how to obtain the request form will be provided on the order.

B. Filing Fee. The completed request must be submitted together with a filing fee, established and amended from time to time by the public works director, and/or his or her designee, based on actual expense to conduct the hearing by the hearing officer.

C. Notice of Hearing. The person, owner or operator requesting the hearing shall be notified of the time and place set for the hearing at least 10 days before the date of the hearing.

D. Additional Reports. If the public works director, and/or his or her designee, submits an additional written report concerning the administrative enforcement order to the hearing officer for consideration at the hearing, then a copy of this report also shall be provided to the person requesting the hearing at least five days before the date of the hearing. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.270 Hearing officer.

Pursuant to RCMC 1.05.200, a hearing officer will be assigned the responsibility of conducting a hearing by the city manager. The city manager shall be authorized to assign hearing responsibilities from time to time to any person or persons, qualified by training or experience, whom the city manager may appoint, employ or who are retained by contract to conduct such hearings. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.280 Hearing procedure.

A. Setting the Hearing. A hearing before the hearing officer shall be set for a date that is not less than 15 days nor more than 60 days from the date that the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing as soon as it is set, and at least 10 days before the hearing. If the public works director, and/or his or her designee, submits a written report concerning the notice or order to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing. No hearing shall be held unless the filing fee has been paid in advance under RCMC 6.21.260(B).

B. Failure to Appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.

C. At the Hearing. The administrative enforcement order and any additional report submitted by the public works director, and/or his or her designee, shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the citation shall be given the opportunity to testify and to present evidence concerning the citation.

D. Continuances. The hearing officer may continue the hearing and may request additional information from the public works director, and/or his or her designee, or the person receiving the administrative enforcement order before issuing the decision. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.290 Form and contents of decision – Finality of decision.

A. Following the hearing, the hearing officer shall issue an order in writing no later than 30 days from the date of the hearing, unless the time is waived by the parties. The order shall contain findings of fact and rationale appropriate to the violation and result, and a resolution of the essential issues raised, including the following:

1. Confirmation or denial of the occurrence of violations of this chapter that are alleged by the public works director and/or his or her designee.

2. Confirmation or rejection of any administrative civil penalty sought by the public works director, and/or his or her designee, and establishment of the monetary amount of any administrative civil penalty to be enforced.

3. Confirmation, amendment, or rejection of required corrective actions related to compliance with this chapter that are imposed by the public works director, and/or his or her designee, but only if those requirements are appealed by the person.

B. The hearing officer’s order shall uphold required corrective actions if the person fails to show clear and convincing evidence that the required corrective actions are unreasonable or unnecessary for achieving or demonstrating ongoing compliance with this chapter. The hearing officer’s order may amend or reject required corrective actions; provided, that compliance with this chapter will be achieved.

C. The hearing officer’s order shall inform the person that failure to comply with the hearing officer’s order shall constitute a misdemeanor and is subject to additional enforcement action, including criminal penalties and additional civil and administrative penalties.

D. The hearing officer’s order shall inform the person that the time and manner by which a person may file a challenge to the hearing officer’s order is governed by Section 53069.4 of the California Government Code or any successor provision thereto.

E. The order issued by the hearing officer pursuant to this chapter shall be effective upon issuance. The decision of the hearing officer is final and may not be appealed. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.300 Procedures for collection of administrative civil penalty.

A. Any administrative penalty due shall be paid to the city within 30 days after the hearing officer’s decision is issued. If the penalty is not timely paid, the public works director, and/or his or her designee, may pursue all reasonable and legal means in collecting those sums authorized and due.

B. All administrative civil penalties collected from actions brought pursuant to this chapter shall be paid to the public works director, and/or his or her designee, enforcing this chapter, and shall be deposited into a special account that shall be expended to fund the activities of the department to implement the applicable provisions of this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.310 Actions not prohibited.

This chapter does not do any of the following:

A. Otherwise affect the authority of the public works director, and/or his or her designee, to take any other action authorized by any other provision of law.

B. Restrict the power of a city attorney, district attorney, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law.

C. Prevent the public works director, and/or his or her designee, from cooperating with, or participating in, proceedings specified in subsection (B) of this section. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].

6.21.320 Penalties.

In addition to the administrative penalties imposed by RCMC 6.21.230, the city may seek all other legal remedies available under state law and under this code, including, but not limited to, criminal sanctions. [Ord. 11-2023 § 3 (Exh. A); Ord. 17-2020 § 4 (Exh B)].