Chapter 8.35
ORGANICS REDUCTION AND RECYCLING
Sections:
8.35.010 Purpose and findings.
8.35.040 Requirements for commercial edible food generators.
8.35.050 Requirements for food recovery organizations and services.
8.35.060 Requirements for regulated haulers and facility operators.
8.35.070 Compliance with CALGreen recycling requirements.
8.35.080 Model Water Efficient Landscaping Ordinance requirements.
8.35.090 Inspections and investigations.
8.35.010 Purpose and findings.
(1) The purpose of this chapter is to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators. This chapter seeks to provide a single framework to achieve its purposes and comply with various State laws as set forth below.
(2) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (approved by the Governor of the State of California on September 29, 1989, which among other things, added Division 30 (Section 40000, et seq.) to the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their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.
(3) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling service and requires jurisdictions to implement a mandatory commercial recycling program.
(4) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling service for those materials, requires counties and cities to implement a recycling program to divert organic waste from businesses subject to the law, and to implement a mandatory commercial organics recycling program.
(5) State organics recycling law, Senate Bill 1383 of 2016, the Short-Lived Climate Pollutant Reduction Act of 2016 (approved by the Governor of the State of California on September 19, 2016, which added Sections 39730.5, 39730.6, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), took effect on January 1, 2017, and sets Statewide organic waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, based on the 2014 organics waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code, and requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The SB 1383 Regulations place requirements on multiple entities, including counties, cities, residential households, commercial businesses (including multifamily residential dwellings), commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of Statewide organic waste disposal reduction targets with compliance required beginning January 1, 2022.
(6) In furtherance of the food recovery objectives of the laws noted above and to reduce legal risks associated with food recovery, the State food donation law, Assembly Bill 1219 of 2017, the California Good Samaritan Food Donation Act of 2017 (approved by the Governor of the State of California on October 9, 2017, which amended Section 1714.25 of the Civil Code, amended Section 58502 of, and repealed Section 58506 of, the Food and Agricultural Code, and amended Sections 114432, 114433, and 114434 of, and added Section 114435 to, the Health and Safety Code, as amended, supplemented, superseded and replaced from time to time), provides additional protections for entities that donate and distribute food for human consumption.
(7) By January 1, 2022, the SB 1383 Regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations.
(8) It is in the public interest for haulers, processors, facility operators, businesses, institutions, and the public to work together to advance the goals in the State legislation noted above. [Ord. 395 § 1, 2022.]
8.35.020 Title of ordinance.
The ordinance codified in this chapter is titled “Organics Reduction and Recycling Ordinance.” [Ord. 395 § 2, 2022.]
8.35.030 Definitions.
The following definitions govern the use of terms in this chapter:
(1) “Back-haul” means generating and transporting organic waste to a destination owned and operated by a generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
(2) “C&D” means construction and demolition debris.
(3) “CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the State agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations.
(4) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).
(5) “Certification of recycling service form” means documentation certifying that a commercial business does not subscribe to collection services for compost containers and/or recycling containers because the commercial business has arranged for collection of its source separated compost container organic waste and/or source separated recyclable materials by self-hauling, back-haul, contracting with a third-party hauler, or shares service with another commercial business.
(6) “Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, institution or association (whether incorporated or unincorporated or for-profit or nonprofit), strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6).
(7) “Commercial edible food generator” includes a tier one, or a tier two commercial edible food generator as defined herein or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
(8) “Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(9) “Compliance review” means a review of records by the enforcement agency to evaluate compliance with this chapter.
(10) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid waste that is source separated from the municipal solid waste stream, or which is separated at a centralized facility.
(11) “Compost 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 compost container organic waste.
(12) “Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 and D6868 standards for compostability and are certified by the Biodegradable Products Institute (BPI) or similar third party and are approved by the City of Rio Dell for placement in the compost container.
(13) “Container contamination” or “contaminated container” means a container, regardless of type, which contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(14) “Designee” means an entity that the City of Rio Dell contracts with or otherwise arranges to carry out or assist with any of the City of Rio Dell’s responsibilities for compliance with the SB 1383 Regulations or administration or enforcement of this chapter. A designee may be a government entity, a private entity, or a combination of those entities.
(15) “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, as codified in the Health and Safety Code Section 113700, et seq.
(16) “Enforcement action” means an action of the relevant enforcement agency to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(17) “Enforcement agency” means an entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity.
(18) “Excluded waste” means hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City of Rio Dell and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the reasonable opinion of the City of Rio Dell or a regulated hauler operating in Rio Dell would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Rio Dell or a regulated hauler to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City of Rio Dell’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City of Rio Dell or the regulated hauler providing service to the generator.
(19) “Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(20) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(21) “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(22) “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:
(a) A food bank as defined in Section 113783 of the Health and Safety Code;
(b) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
(c) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
(23) “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).
(24) “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.
(25) “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).
(26) “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, napkins, and pizza boxes, and is approved by the City of Rio Dell for placement in the compost container.
(27) “Food waste” means food scraps, food-soiled paper, and compostable plastics in combination or separately.
(28) “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).
(29) “Hauler route” means the designated itinerary or sequence of stops for each segment of a Rio Dell collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(30) “Health facility” has the same meaning as in Section 1250 of the Health and Safety Code.
(31) “High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(32) “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
(33) “Inspection” means an enforcement agency’s electronic or on-site review of records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
(34) “Landfill 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 landfill container waste.
(35) “Landfill container waste” means solid waste that is collected in a landfill container that is part of a three-container or three-plus container collection service that prohibits the placement of organic waste in the landfill container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). (Three container collection service refers to service collecting materials in landfill containers, organics containers, and recycling containers.)
(36) “Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter. For the purposes of this definition of large event, “local agency” means all public agencies except those that are not subject to the regulatory authority of the City of Rio Dell.
(37) “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. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
(38) “Mixed waste organic collection stream” or “mixed waste” means organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
(39) “Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises are considered a distinct type of commercial business for the purposes of implementing this chapter. Consistent with the SB 1383 Regulations, residential premises that consist of fewer than five units are not “multifamily” and instead are “single-family” for the purposes of implementing this chapter. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered other types of commercial businesses.
(40) “MWELO” is the Model Water Efficient Landscape Ordinance.
(41) “Noncompostable paper” includes, but is not limited to, paper that is coated, lined or treated with a noncompostable material, or otherwise unacceptable to the compostable materials handling facility processing the material.
(42) “Nonorganic recyclables” means nonputrescible and nonhazardous recyclable materials including but not limited to recyclable food and beverage glass containers, metal (aluminum and steel) food and beverage cans, HDPE (high density polyethylene) bottles and PET (polyethylene terephthalate) bottles, and other materials specified in 14 CCR Section 18982(a)(43).
(43) “Notice of violation” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(44) “Organic waste” means solid waste containing material originating from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(45) “Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(46) “Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
(47) “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever, or as otherwise defined in Public Resources Code Section 40170.
(48) “Printing and writing paper” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(49) “Prohibited container contaminants” includes all of the following: (a) materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the recycling container; (b) materials placed in the compost container that are not identified as acceptable source separated compost container organic waste for the compost container; (c) materials placed in the landfill container that are acceptable source separated recyclable materials and/or acceptable source separated compost container organic waste that can be placed in the compost container and/or recycling container; and (d) excluded waste placed in any container.
(50) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(51) “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 and source separated recycling container organic waste.
(52) “Regulated hauler” means a person that collects solid waste (other than solid waste generated by a permitted building project) originating in Rio Dell from compost containers, recycling containers, and/or landfill containers, and does so under a contract, franchise agreement, or permit with the City of Rio Dell.
(53) “Remote monitoring” means the use of mechanical or electronic devices to identify the types of materials in recycling containers, compost containers, and/or landfill containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
(54) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(55) “Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical or electronic inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(56) “SB 1383” means Senate Bill 1383 of 2016, the Short-Lived Climate Pollutant Reduction Act of 2016.
(57) “SB 1383 Regulations” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(58) “Self-hauler” means a person, who hauls solid waste, organic waste or recyclable material they have generated to another person for disposition as allowed by the City of Rio Dell and otherwise in accordance with all applicable laws. Self-hauler also includes a person who back-hauls such materials, and as otherwise defined in 14 CCR Section 18982(a)(66).
(59) “Single-family” means, for purposes of this chapter, of, from, or pertaining to any residential premises with fewer than five units.
(60) “Solid waste” has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
(a) Hazardous waste, as defined in Public Resources Code Section 40141.
(b) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
(c) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code.
(61) “Source separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from landfill container waste or other solid waste for the purposes of collection and processing.
(62) “Source separated compost container organic waste” means source separated organic waste that can be placed in a compost container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated recycling container organic waste, carpets, noncompostable paper, and textiles.
(63) “Source separated recyclable materials” means source separated nonorganic recyclables and source separated recycling container organic waste.
(64) “Source separated recycling container organic waste” means source separated organic wastes that can be placed in a recycling container that is limited to the collection of those organic wastes and nonorganic recyclables, as defined herein or as otherwise defined in 14 CCR Sections 18982(a)(43) and (a)(46). Source separated recycling container organic waste shall include materials as determined by the City of Rio Dell and includes unsoiled paper products and printing and writing paper.
(65) “Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(66) “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:
(a) Supermarket.
(b) Grocery store with a total facility size equal to or greater than 10,000 square feet.
(c) Food service provider.
(d) Food distributor.
(e) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
(67) “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.
(b) Hotel with an on-site food facility and 200 or more rooms.
(c) Health facility with an on-site food facility and 100 or more beds.
(d) Large venue.
(e) Large event.
(68) “Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76). [Ord. 395 § 3, 2022.]
8.35.040 Requirements for commercial edible food generators.
(1) 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.
(2) 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.
(3) Commercial edible food generators shall comply with the following requirements:
(a) Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.
(b) Enter into a contract or other written agreement with food recovery organizations or food recovery services for:
(i) The collection for food recovery of edible food that would otherwise be disposed; or
(ii) Acceptance of edible food that would otherwise be disposed that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(c) 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.
(d) 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.
(e) Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(f) Allow the enforcement agency to review records upon request, including by providing electronic copies or allowing access to the premises, pursuant to 14 CCR Section 18991.4.
(g) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(i) 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).
(ii) A copy of all contracts and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.
(iii) A record of the following information for each of those food recovery services or food recovery organizations:
(A) The name, address and contact information of the food recovery service or food recovery organization.
(B) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(C) The established frequency that food will be collected or self-hauled.
(D) 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.
(iv) If it has not entered into a contract or written agreement with food recovery organizations or food recovery services pursuant to subsection (3)(b) of this section, 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.
(h) Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement agency that includes the information in subsection (3)(g) of this section. Entities shall provide the requested information within 60 days of the request.
(4) Nothing in this chapter shall be construed to limit or conflict with:
(a) The protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 commencing with Section 49580 to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time); or
(b) Otherwise applicable food safety and handling laws and regulations.
(5) 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).
(6) The enforcement agency for the provisions of this section is the City of Rio Dell. [Ord. 395 § 4, 2022.]
8.35.050 Requirements for food recovery organizations and services.
(1) Nothing in this chapter prohibits a food recovery service or food recovery organization from refusing to accept edible food from a commercial edible food generator, in accordance with 14 CCR Section 18990.2(d).
(2) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(a) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(b) 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.
(c) The quantity in pounds of edible food transported to each food recovery organization per month.
(d) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
(3) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(a) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
(b) 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.
(c) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
(4) Food recovery organizations and food recovery services that have their primary address physically located in Rio Dell and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City of Rio Dell 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 pursuant to 14 CCR Section 18991.3(b) according to the following schedule:
(a) No later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and
(b) No later than March 31, 2023, and no later than every March 31st thereafter, submit a report covering the period of January 1st to December 31st of the previous calendar year.
(5) In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in Rio Dell shall provide, upon request, information and consultation to the City of Rio Dell 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 City of Rio Dell. A food recovery service or food recovery organization contacted by the enforcement agency shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the enforcement agency.
(6) The enforcement agency for the provisions of this section is City of Rio Dell or its designee. [Ord. 395 § 5, 2022.]
8.35.060 Requirements for regulated haulers and facility operators.
(1) Requirements for Regulated Haulers.
(a) A regulated hauler providing single-family, commercial, or industrial organic waste collection service to generators within Rio Dell shall meet the following requirements and standards in connection with collection of organic waste:
(i) Through written notice to the City of Rio Dell annually on or before March 31st, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated compost container organic waste if applicable.
(ii) Transport source separated recyclable materials to a facility that recycles those materials and transport source separated compost container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(iii) Obtain approval from the City of Rio Dell 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 and any City of Rio Dell rules.
(b) Within the boundaries of Rio Dell in which it has customers, a regulated hauler collecting organic waste shall:
(i) Up to four times per year, provide reports to the City of Rio Dell on commercial business account information and service levels in a form to be specified by the City of Rio Dell.
(ii) Assist in the dissemination of SB 1383 educational materials to single-family and commercial business accounts.
(iii) At least annually and during new staff on-boarding, train regulated hauler’s customer service representatives and account managers/recycling coordinators serving organic waste generators in the City of Rio Dell on any generator requirements.
(iv) Provide quarterly reports to the Rio Dell identifying single-family and commercial accounts that are subscribed to landfill container collection service, recycling container service, and/or compost container collection service. If a regulated hauler providing landfill container collection service does not offer recycling container collection service and/or compost container collection service to its landfill container collection service customers, the requirements of subsections (1)(b)(iv) and (v) of this section shall not apply with respect to those customers and the type(s) of service that is not offered.
(v) Inform generators when container contamination is observed by the regulated hauler.
(vi) If requested by the enforcement agency, assist generators with verification of physical space constraints when generator submits an application for a physical space waiver.
(vii) Provide commercial business accounts with interactive assistance such as employee trainings, in a virtual or in-person format, when recycling container collection service or composting container collection service is added, or upon request.
(c) The enforcement agency for this section is the City of Rio Dell or its designee.
(2) Requirements for Facility Operators and Community Composting Operations.
(a) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon request from the City of Rio Dell, provide within 60 days information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
(b) Community composting operators shall, upon request from the City of Rio Dell, provide within 60 days information to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation.
(c) The enforcement agency for the provisions of this section is the City of Rio Dell or its designee. [Ord. 395 § 6, 2022.]
8.35.070 Compliance with CALGreen recycling requirements.
(1) Persons applying for a permit from the City of Rio Dell for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.
Project applicants shall refer to the City of Rio Dell’s building and/or planning code for complete CALGreen requirements.
(2) For projects covered by CALGreen, the applicants must, as a condition of the the City of Rio Dell’s permit approval, comply with the following:
(a) Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three container collection program offered by the City of Rio Dell, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(b) New commercial construction or additions resulting in more than 30 percent of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three container program offered by the City of Rio Dell, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(c) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with the City of Rio Dell’s C&D ordinance, and all written and published City of Rio Dell policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. [Ord. 395 § 7, 2022.]
8.35.080 Model Water Efficient Landscaping Ordinance requirements.
(1) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City of Rio Dell, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch.
(2) The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
(3) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (1) of this section shall:
(a) Comply with Sections 492.6(a)(3)(B)(C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
(i) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
(ii) For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(iii) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
(b) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this section shall consult the full MWELO for all requirements.
(4) If, after the adoption of the ordinance codified in this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015, requirements in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. [Ord. 395 § 8, 2022.]
8.35.090 Inspections and investigations.
The enforcement agency is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with the provisions of this chapter for which it has enforcement authority by organic waste generators, commercial businesses (including multifamily residential dwellings), commercial edible food generators, regulated haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection.
(1) A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the enforcement agency during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (a) access to the premises; or (b) access to records for any inspection or investigation is a violation of this chapter and may result in penalties.
(2) Any records obtained by the enforcement agency during inspections 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.
(3) The enforcement agency is authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(4) The enforcement agency shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter.
(5) The enforcement agency is the City of Rio Dell and any designee authorized by Rio Dell to enforce one or more sections of this chapter. [Ord. 395 § 9, 2022.]
8.35.100 Enforcement.
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement agency. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The enforcement agency’s procedures on imposition of administrative citations and fines as contained shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
(1) Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The enforcement agency may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, and fines. The enforcement agency may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that court action is a reasonable use of enforcement agency staff and resources.
(2) Process for Enforcement.
(a) All provisions of this chapter may be enforced beginning on January 1, 2024.
(b) The enforcement agency will monitor compliance with this chapter through compliance reviews, investigation of complaints, and an inspection program.
(c) The enforcement agency may issue a notice of violation requiring compliance within 60 days of issuance of the notice.
(d) Absent compliance by the respondent within the deadline set forth in the notice of violation, the enforcement agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the enforcement agency’s standard procedures.
(3) Penalty Amounts for Violations. The penalty levels are as follows:
(a) For a first violation, the amount of the penalty shall be $50.00 to $100.00 per violation, or such higher amount as may be established by the enforcement agency.
(b) For a second violation, the amount of the penalty shall be $100.00 to $200.00 per violation, or such higher amount as may be established by the enforcement agency.
(c) For a third or subsequent violation, the amount of the penalty shall be $250.00 to $500.00 per violation, or such higher amount as may be established by the enforcement agency.
(4) Compliance Deadline Extension Considerations. The enforcement agency may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance with the deadlines impracticable, including the following:
(a) Acts of nature such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.
(b) Delays not within the control of respondent or their agents in obtaining discretionary permits or other government agency approvals.
(5) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed in the administrative citation and consistent with the enforcement agency’s appeal procedures.
(6) Education Period for Noncompliance. With respect to provisions of this chapter subject to enforcement starting January 1, 2024, the enforcement agency will, prior to that date, conduct inspections, compliance reviews, and other enforcement investigative actions depending upon the type of regulated entity, to determine compliance, and if the enforcement agency determines that organic waste generator, self-hauler, regulated hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required and that violations may be subject to administrative citations, penalties, or other remedies starting on January 1, 2024.
(7) Civil Penalties for Noncompliance. If the enforcement agency determines that an organic waste generator, self-hauler, regulated hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it may document the noncompliance or violation, issue a notice of violation, and/or take enforcement action pursuant to this section, as needed and consistent with the enforcement commencement dates set forth above.
(8) The enforcement agency for the provisions of this section is the City of Rio Dell and any designee authorized by the City of Rio Dell to enforce one or more sections of this chapter. [Ord. 395 § 10, 2022.]