Chapter 8.33
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Sections:
8.33.020 Requirements for single-family generators.
8.33.030 Requirements for commercial businesses.
8.33.040 Waivers for generators.
8.33.050 Requirements for commercial edible food generators.
8.33.060 Requirements for food recovery organizations and services.
8.33.070 Requirements for haulers.
8.33.080 Facility operators and community composting operations.
8.33.090 Compliance with CALGreen recycling requirements.
8.33.100 Inspections and investigations by the city of San Jacinto.
8.33.010 Definitions.
The following definitions shall apply to this chapter:
“Blue container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references 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).
“C&D” means construction and demolition debris.
“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in 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.
“Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.
“Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“Designee” means an entity that the city of San Jacinto contracts with or otherwise arranges to carry out any of the city of San Jacinto’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
“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.
“Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city of San Jacinto and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city of San Jacinto’s, or its designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
“Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for “food recovery organization” differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food service 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).
“Gray container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste.
“Gray container waste” means solid waste that is collected in a gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Gray container waste may specifically include carpet, noncompostable paper, and textiles.
“Green container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
“Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (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.
“Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply.
“Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
“Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
“Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
“Organic waste” means solid wastes 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).
“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).
“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).
“Printing and writing papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
“Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city of San Jacinto’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city of San Jacinto’s green container; (3) discarded materials placed in the gray container that are acceptable sources, recyclable materials and/or source separated green container organic wastes to be placed in the city of San Jacinto’s green container and/or blue container; and (4) excluded waste placed in any container.
“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).
“Recycled-content paper” means paper products and printing and writing paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
“Remote monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
“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).
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction Regulations developed by the California Department of Resources Recycling and Recovery and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
“Single-family” means of, from, or pertaining to any residential premises with fewer than five units.
“Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“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 gray container waste or other solid waste for the purposes of collection and processing.
“Source separated blue container organic waste” means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).
“Source separated green container organic waste” means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, noncompostable paper, and textiles.
“Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste.
“State” means the state of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), 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).
“Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of “tier one commercial edible food generator” differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.
“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2. Hotel with an on-site food facility and two hundred (200) or more rooms.
3. Health facility with an on-site food facility and one hundred (100) or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of “tier two commercial edible food generator” differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.
“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. 21-09 § 2)
8.33.020 Requirements for single-family generators.
Single-family organic waste generators:
A. Shall be automatically enrolled into the city of San Jacinto’s three-container organic waste collection services. The city of San Jacinto shall have the right to review the number, size, and location of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, generator shall adjust its service level for its collection services as requested by the city of San Jacinto.
B. Shall participate in the city of San Jacinto’s three-container system for source separated recyclable materials, source separated green container organic materials, and gray container waste collection services. Generator participation in the collection programs requires that generators place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
The city of San Jacinto is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until compliant colored containers are provided (blue container, green container, and gray container), single-family waste generators shall comply with the container label requirements.
C. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 21-09 § 2)
8.33.030 Requirements for commercial businesses.
Commercial businesses, which include multifamily residential dwellings, shall:
A. Be automatically enrolled in the city of San Jacinto’s three-container organic waste collection services. The city of San Jacinto shall have the right to review the number, size, and location of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial business shall adjust its service level for its collection services as requested by the city of San Jacinto.
B. Participate in and comply with the city of San Jacinto’s three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers. Generator shall place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the gray container into the green container or blue container.
C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (2) of this section), for employees, contractors, tenants and customers, consistent with the city of San Jacinto’s blue container, green container, and gray container collection service.
D. Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste, and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the collection service provided by the city of San Jacinto, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labels are required on new containers commencing January 1, 2022.
E. Notwithstanding the above, and in accordance with the SB 1383 regulations, the city of San Jacinto is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (blue container, green container, and gray container), commercial businesses shall comply with the container label requirements.
F. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city of San Jacinto’s blue container, green container, and gray container collection service.
G. Excluding multifamily residential dwellings, periodically, but no less than quarterly, inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
H. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the city of San Jacinto or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
K. If implemented, accommodate and cooperate with the city of San Jacinto’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and/or gray containers.
L. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
M. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of this chapter.
1. Full-service restaurants which are not under tier two commercial edible food generators are exempt from the recycling requirements (i.e., involving the blue container) of this subsection if the full-service restaurant, on or before July 1, 2020, provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste.
N. When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this section.
O. For a park that is subject to this subsection, this subsection shall apply on and after January 1, 2022.
P. The city may charge and collect a fee from any business that fails to comply with this section in order to recover the costs incurred in enforcing compliance with this section.
Q. In the event state and/or federal law or regulations are implemented which are more stringent or comprehensive than the requirements of this chapter related to recycling or organic waste disposal and/or diversion, all residents and/or businesses, as applicable, shall be responsible for complying with those requirements. (Ord. 21-09 § 2)
8.33.040 Waivers for generators.
A. De Minimis Waivers. The city of San Jacinto may, at its discretion, waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business:
1. Submits an application specifying the services that they are requesting a waiver from; and
2. Provides documentation that either:
a. The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business’s total waste; or
b. The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business’s total waste; and
3. Notifies the city of San Jacinto if circumstances change such that commercial business’s organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and
4. Provides written verification of eligibility for de minimis waiver every five years, if the city of San Jacinto has approved de minimis waiver.
B. Physical Space Waivers. The city of San Jacinto may, at its discretion, waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city of San Jacinto has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.
A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lack adequate space for blue containers and/or green containers, including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to the city of San Jacinto that it is still eligible for physical space waiver every five years, if the city of San Jacinto has approved application for a physical space waiver.
C. Collection Frequency Waiver. The city of San Jacinto, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city of San Jacinto’s three-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every fourteen (14) days, rather than once per week.
D. Waiver Approval. The city of San Jacinto public works department or its designee may establish an administrative process to determine when a waiver is permissible. (Ord. 21-09 § 2)
8.33.050 Requirements for commercial edible food generators.
A. Tier one commercial edible food generators must comply with the below requirements commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the city of San Jacinto’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
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.
6. Commencing no later than January 1, 2022, for tier one commercial edible food generators and January 1, 2024, for tier two commercial edible food generators, commercial edible food generators shall provide a quarterly food recovery report to the city of San Jacinto which includes the information required in 14 CCR Section 18991.4, “Record Keeping Requirements for Commercial Edible Food Generators.”
D. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 21-09 § 2)
8.33.060 Requirements for food recovery organizations and services.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Commencing January 1, 2022, food recovery organizations and food recovery services that have their primary address physically located in the city of San Jacinto 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 San Jacinto the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b), as applicable.
D. Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, or special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city of San Jacinto shall provide information and consultation to the city of San Jacinto, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city of San Jacinto and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city of San Jacinto shall respond to such request for information within sixty (60) days, unless a shorter time frame is otherwise specified by the city of San Jacinto.
E. Commencing no later than January 1, 2022, food recovery services and organizations shall provide a quarterly report to the city of San Jacinto which includes the information required in 14 CCR Section 18991.5, “Food Recovery Services and Organizations.” (Ord. 21-09 § 2)
8.33.070 Requirements for haulers.
Haulers providing residential, commercial or industrial organic waste collection services to generators within the city of San Jacinto’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city of San Jacinto to collect organic waste:
A. Through written notice to the city of San Jacinto annually on or before June 30th, identify the facilities to which they will transport organic waste including the facilities for source separated recyclable materials and source separated green container organic waste, as applicable.
B. Transport source separated recyclable materials and source separated green 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.
C. Obtain approval from the city of San Jacinto 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 San Jacinto Municipal Code Chapter 8.34.
D. CR&R shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, as may be amended from time to time.
E. Notwithstanding any of the foregoing, nothing in this chapter shall restrict or otherwise prohibit CR&R from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 regulations, and/or any other applicable law, as may be amended from time to time. (Ord. 21-09 § 2)
8.33.080 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 the city of San Jacinto’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city of San Jacinto shall respond within sixty (60) days.
B. Community composting operators, upon city of San Jacinto request, shall provide information to the city of San Jacinto to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city of San Jacinto shall respond within sixty (60) days. (Ord. 21-09 § 2)
8.33.090 Compliance with CALGreen recycling requirements.
As applicable, all persons and/or entities applying for a permit from the city for new construction and building additions/alterations resulting in more than thirty percent (30%) of new floor area 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, and shall comply with the following provisions of CALGreen, as amended July 1, 2019, and effective January 1, 2020:
A. Section 4.410.2, Recycling by Occupants Residential, and Section 5.410.1, Recycling by Occupants Non-residential.
B. For organic waste commingled with construction and demolition debris, Section 4.408.1, Construction Waste Management Residential, and Section 5.408.1, Construction Waste Management non-residential.
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 San Jacinto’s C&D ordinance, Chapter 8.34, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
If, after the adoption of this chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the city of San Jacinto to incorporate the requirements in an updated local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced. (Ord. 21-09 § 2)
8.33.100 Inspections and investigations by the city of San Jacinto.
A. City of San Jacinto representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter, subject to applicable laws. This section does not allow the city of San Jacinto to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the city of San Jacinto may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring, where applicable.
B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with city of San Jacinto employees or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity’s premises; (2) installation and operation of remote monitoring equipment, where required; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
C. Any records obtained by the city of San Jacinto during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. City of San Jacinto representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The city of San Jacinto shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. (Ord. 21-09 § 2)
8.33.110 Enforcement.
A. Citations. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of an administrative citation pursuant to Chapter 1.28.
B. Civil Remedies. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city of San Jacinto may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city of San Jacinto 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 city of San Jacinto staff and resources.
C. Penalties. Violations of this chapter shall be subject to the penalties for violations of the Municipal Code as set forth in Chapter 1.24.
D. Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, the city of San Jacinto will conduct inspections, remote monitoring, route reviews, waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city of San Jacinto determines that organic waste generator, 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 by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
E. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city of San Jacinto determines that an organic waste generator, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter and state law, as needed.
F. Remedies Cumulative. All remedies stated in this section are cumulative. (Ord. 21-09 § 2)