Chapter 8.12
GARBAGE, RECYCLABLE MATERIALS AND ORGANIC WASTE
Sections:
8.12.040 Public solid waste containers.
8.12.050 Franchised collector is sole authorized collector.
8.12.060 Collection—Mandatory subscription and payment required.
8.12.070 Collection—Containers, participation and separation required by all generators.
8.12.075 Collection for persons with disabilities.
8.12.080 Frequency of collection.
8.12.090 Education and outreach requirements.
8.12.110 Commercial edible food generator requirements.
8.12.120 Food recovery organizations and services requirements.
8.12.130 Franchised collector requirements.
8.12.140 Requirements for facility operators and community composting operations.
8.12.150 Self-hauler requirements.
8.12.160 Inspections and investigations.
Prior legislation: Prior code §§ 14.1—14.3, 14.9—14.26; Ords. 70, 87, 123, 205, 255, 308, 375, 491, 548, 556, 559, 565, 612, 652, 677, 700, 80-05, 83-006, 84-008, 86-010, 98-006 and 2009-001.
8.12.010 Purpose.
The reduction of solid waste landfilling, through waste prevention, reuse, recycling, and composting is a statewide mandate (California Integrated Waste Management Act of 1989). In addition, reduction of solid waste is a key component of meeting the statewide climate protection mandate (California Global Warming Solutions Act of 2006). Furthermore, AB 341, the Jobs and Recycling Act of 2011, and AB 1826, the Mandatory Commercial Organics Recycling Act of 2014, require businesses and multifamily property owners to arrange for recycling and organics services. Additionally, SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, seeks to reduce organics in landfills, as a means to reduce methane emissions and to increase edible food recovery to reduce human food insecurity. To that end, the state of California’s Department of Resources Recycling and Recovery (CalRecycle) developed regulations that place requirements on multiple entities, many of which are contained herein. Therefore, in order to protect the public peace, health, safety, and general welfare, to reduce the solid waste stream, to reduce methane emissions from landfills, and to comply with state regulations, the city deems it necessary to regulate the separation, collection, disposal and recovery of recyclable materials, organic waste, and other solid waste as set forth in this chapter. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.020 Definitions.
As used in this chapter:
“Act” means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 (Wiggins, SB 1016)), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.
“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 CCR).
“CalRecycle” means California’s Department of Resources Recycling and Recovery, which is charged with implementing and enforcing the Act.
“C&D” means construction and demolition debris which includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.
“City” means the city of San Pablo.
“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).
“Compost” means the product resulting from the managed and 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.
“Designee” means a person or entity that the city manager or public works director designates, contracts with, or otherwise arranges to carry out any of the jurisdiction’s responsibilities of this chapter authorized in 14 CCR Section 18981.2. A designee may be a government employee or entity, a private entity, a franchised collector, or a combination of those entities.
“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
“Enforcement action” means an action of the relevant enforcement officer to address noncompliance with this chapter including, but not limited to, issuing abatement notices, administrative citations, fines, penalties, or using other remedies as authorized by Title 1.
“Enforcement officer” means a person or entity the city manager designates to enforce part or all of this chapter. Enforcement officers may carry out inspections and enforcement activities pursuant to this chapter. The city has enforcement responsibility for all sections of this chapter. The city may choose to additionally delegate enforcement officer responsibility for certain sections, to other public entities or joint powers authority, including but not limited to the West Contra Costa Integrated Waste Management Authority (RecycleMore) and the county of Contra Costa. 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 and the city.
“Excluded waste” means hazardous substances, hazardous waste, infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions, including but not limited to: 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 or its designee 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 Public Resources Code. Excluded waste does not include used motor oil and filters, or other materials defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or the franchised collector providing service to the generator.
“Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“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.
“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 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 exclude fats, oils, and grease when such materials are source separated from other food scraps.
“Food service provider” is a tier one commercial edible food generator and 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).
“Food waste” means food scraps and food soiled paper.
“Franchised collector” means such persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste (other than solid waste generated by a permitted building project) originating in the city and doing so under a franchise agreement with the city.
“Garbage” means those elements of the solid waste stream designated for the “garbage container,” and excludes hazardous waste, excluded waste, materials designated for the “organics container” or “recycling container” or materials which have been separated for reuse.
“Garbage container” has the same meaning as “gray container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of garbage.
“Generator” means a person or entity that is responsible for the initial creation of garbage, organic waste or recyclable materials.
“Grocery store” is a tier one commercial edible food generator and 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).
“High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022, and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where an enforcement officer reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
“Multifamily residential dwelling” or “multifamily” means, for the purpose of implementing this chapter, 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 SB 1383 requirements. Consistent with 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 commercial businesses that are not multifamily residential dwellings.
“Organics container” has the same meaning as “green container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste designated for compost processing, including food waste and landscape and pruning waste accepted in the city’s organic waste collection program, and other organic materials as determined by the city as acceptable for the organics container.
“Organic waste” means solid waste containing material originating from living organisms and their metabolic waste products, including but not limited to food scraps, food soiled paper, landscape and pruning waste, organic textiles and organic carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Organic waste does not include rigid compostable plastic.
“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).
“Premises” means any real property or estate which may be devised or granted by deed.
“Prohibited container contaminants” includes all of the following: (1) materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the city’s recycling container; (2) materials placed in the organics container that are not identified as acceptable source separated organic waste for the city’s organics container; (3) materials placed in the garbage container that are acceptable source separated recyclable materials and/or acceptable source separated organic waste that can be placed in the city’s organics container and/or recycling container; and (4) excluded waste placed in any container.
“Property owner” means the owner of real property.
“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.
“Recyclable materials” has the same meaning as source separated recyclable materials below.
“SB 1383” means Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016.
“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 and 27 CCR.
“Self-hauler” means a generator who transports its own solid waste by using a vehicle owned by that generator and driven by the generator or the generator’s employees, rather than the franchised collector. Self-hauler also includes a person or entity who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A).
“Single-family” means, of, from, or pertaining to any residential premises with fewer than five units for the purposes of implementing this chapter.
“Solid waste” means garbage, recyclable materials, and organic waste and 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, C&D 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 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 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 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.
“Source separated” means materials that have been kept separate from other materials in the solid waste stream, at the point of generation, for the purpose of additional sorting or processing 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).
“Source separated organic waste” means those organics that can be placed in an organics container for compost processing, including food scraps, food soiled paper and landscaping and pruning waste, and any other items as determined by the city.
“Source separated recyclable materials” means the same thing as “recyclable materials” and includes those recyclable materials that can be placed in the recycling container including, but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the city.
“Special waste” means a waste which is a hazardous waste only because it contains an inorganic substance or substances which cause it to pose a chronic toxicity hazard to human health or the environment and which meets all of the criteria and requirements of PRC Section 66261.122 and has been classified a special waste pursuant to PRC Section 66261.124.
“Supermarket” is a tier one commercial edible food generator and means a full-line, self-service retail store with gross annual sales of two million dollars, 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. Supermarkets with gross annual sales of two million dollars or more, or as defined in 14 CCR Section 18982(a)(71).
2. Grocery store with a total facility size equal to or greater than ten thousand square feet, as defined in 14 CCR Section 18982(a)(30).
3. “Food service provider,” which 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).
4. “Wholesale food vendor,” which 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).
5. “Food distributor,” which 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).
“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:
1. “Restaurant,” which 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) and which has two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
2. Hotel with an on-site food facility and two hundred or more rooms or as otherwise defined in 14 CCR Section 18982(a)(74)(B).
3. Health facility with an on-site food facility and one hundred or more beds, or as otherwise defined in 14 CCR Section 18982(a)(73)(C).
4. “Large venue,” which means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility, or as otherwise defined in 14 CCR Section 18982(a)(39). 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.
5. “Large event,” as defined in 14 CCR Section 18982(a)(38), means an event that serves an average of more than two thousand individuals per day of operation of the event and either: (a) charges an admission price; or (b) is operated by a local agency.
6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.
7. A “local education agency,” which 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), and which has an on-site food facility.
“User disposal containers” are containers inside a business for the collection of source separated organic waste, source separated recyclables and garbage for employees, contractors, tenants, customers and other users of the business. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.030 Unlawful disposal.
It is unlawful for any person to throw, place, burn or bury any garbage, recyclable materials, or organic waste, or other discarded materials anywhere in the city other than in an authorized container or public receptacle. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.040 Public solid waste containers.
When the city places garbage containers, recycling containers and organics containers at such locations as are deemed necessary for the public convenience for incidental materials generated and discarded while away from home, persons using such containers shall place garbage in the garbage container, recyclable materials (including unsoiled paper) in the recycling container and organic waste in the organics container. It is unlawful for any person to put any household or business garbage, recyclable materials, or organic waste into such public containers. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.050 Franchised collector is sole authorized collector.
A. The franchised collector has been designated the exclusive authorized collector for single-family and commercial garbage, recyclable materials and organic waste collection services. No single-family or commercial generator may contract with another commercial enterprise or person for the collection of such materials.
B. No person may collect, transport, or convey discarded single-family or commercial garbage, recyclable materials or organic waste where any fee or other remuneration whatsoever is charged or accepted for the collection, transportation, conveyance, processing or disposal of such material without holding a franchise from the city, or as otherwise allowed by this chapter. This excludes collection of materials associated with services paid for and provided by a company as an incidental part of a total service offered by that company rather than as a hauling service as determined by the city, and excludes special waste such as tires, and hazardous waste.
C. It is unlawful for any person other than the franchised collector selected by the city to take recyclable materials, organic waste or garbage placed on city curbs in collection containers for collection. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.060 Collection—Mandatory subscription and payment required.
A. Every single-family dwelling unit or commercial business (throughout this chapter, commercial business includes multifamily residential dwellings of five or more units, unless otherwise excluded) in the city shall be required to subscribe with the franchised collector(s) for garbage container, recycling container and organics container collection; comply with the relevant sections of this chapter, state law and local ordinances; and to pay for the collection and disposal of such containers, unless the commercial business owner receives a waiver as provided in this chapter. Subscription to such required service does not preclude single-family residents or commercial businesses from self-hauling their own waste in their own vehicles if they meet the self-haul requirements noted in this chapter.
B. Every property owner shall start service within seven days of occupancy of a premises. If the owner fails to start service, the public works director or designee shall give the owner written notification that such service is required. If service is not initiated, then the public works director or designee shall require the franchised collector to initiate and continue service and bill the owner.
C. The single-family property owner or the commercial business who subscribes for collection and disposal services shall be responsible for payment for collection and disposal services at the rates or collection charges set by franchised collectors, not exceeding maximum rates approved by the city council. In the event of any leased or rented property, the owner shall subscribe to such collection and disposal service for each occupied unit or business and shall bear the responsibility for payment of the charges for such collection and disposal services.
D. No provision of this chapter shall be construed to prevent any person from composting in the rear yard of their residence; provided, that such composting does not constitute a nuisance to neighboring property because it is injurious to health or is offensive to the senses. Nor shall any provision of this chapter limit the right of any person to donate or sell recyclable materials.
E. If any person fails to pay the franchised collector for collection service for a billing period, which shall not be less than one month, a notice shall be sent.
1. The final request for payment shall be mailed to each owner that appears as the owner of the premises for which the service was provided on the most recent property records of the county assessor. The franchised collector shall mail the owner a final request for payment for the amounts owed, plus any late fees, and including the charge for service to the end of the most recent billing period, which may include the month during which the notice is mailed. The final request shall include a warning notice that if the service charges are not paid within thirty days, they will be turned over to the city for placement on the tax rolls. The warning notice shall include information concerning the additional administrative fees and charges that will become due if a lien is recorded against the property, and that the city shall assess the property on the next property statement if the charges plus fees and penalties are not paid in full.
2. If payment has not been made, the city manager or designee shall set a time and place for an administrative hearing before the hearing officer designated by the city manager. The notice of this hearing shall be mailed by certified mail to each owner that appears as the owner of the premises for which the service was provided on the most recent property records of the county assessor. The written notice of the hearing shall be mailed not less than fifteen days prior to the date of the hearing.
3. If the hearing officer approves the delinquent charges against the owner of the premises, a lien on the real property for which the service was rendered will be recorded with the recorder of the county. The recorded lien shall carry an additional city administrative processing fee and Contra Costa County processing fee.
a. Delinquent charges which remain unpaid by the owner shall constitute a special assessment against the property to which the service was rendered and shall be collected at such time as established by the county assessor for inclusion in the next property tax assessment.
b. The city or designee shall turn over to the county auditor-controller for inclusion in the next property tax assessment the total sum of unpaid delinquent fees and charges plus penalties for garbage collection service and administrative charges, plus the county’s assessment charge and fee as a special assessment against the parcel or parcels of property situated within the city to which the service was rendered. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. The assessment shall be subordinate to all existing special assessment liens previously imposed on the premises. It shall have priority over other liens except for those state, county and municipal taxes with which it shall have parity. The lien shall continue until the assessment and all interest and charges due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes are applicable to the special assessment.
c. The notice given at the time of imposing the assessment shall be sent by certified mail to the owner(s) and shall include the warning that the property may be sold after three years by the tax collector for unpaid delinquent assessments. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.070 Collection—Containers, participation and separation required by all generators.
Generators subject to the requirements of the Act shall fully comply with all applicable requirements of the Act.
A. Generators, including single-family and multifamily and commercial businesses, except those that meet self-hauler requirements set forth in this chapter or commercial businesses that obtain a waiver pursuant to requirements in this chapter, shall:
1. Maintain for such residence or business, separate garbage, compost and recycling containers, supplied by the franchised collector. Generators shall arrange for a sufficient number of such containers to adequately store all garbage, source separated recyclable materials and source separated organic waste generated in connection with the residence or business between the times designated for collection. The city shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the city in order to meet the standards set forth in this chapter. Generators may manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws.
2. Participate in the collection services provided by the city’s franchised collector(s), by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers. Generators shall place source separated organic waste, including food waste, in the organics container; source separated recyclable materials in the recycling container; and garbage in the garbage container. Generators shall not place materials designated for the garbage container in the organics container or the recycling container.
3. Place garbage containers, recycling containers, and organics containers on the curb on the day specified for collection, unless a waiver has been granted by the public works director pursuant to this chapter. Containers shall be placed in front of the premises in a location reasonably convenient for semiautomated or automated collection. The only exception would be if generator has reached an agreement with franchised collector for an alternative collection location.
4. Maintain garbage containers, recycling containers and organics containers in a sanitary condition at all times. Any bulky material must be reduced in size so that it may be placed in the appropriate container not overflowing and with the cover tightly closed and without excessive tamping, so that the container may be easily emptied.
5. No person shall place garbage containers, recycling containers and organics containers for collection at any time other than the day or days established for collection, or earlier than six p.m. of the day preceding the day designated for collection. All landfill, recycling, and organics containers shall be removed from the curb prior to midnight of the day the containers have been emptied.
6. No person shall tamper with, modify, remove from or deposit solid waste in any container which has not been provided for their use without the permission of the container owner.
7. It shall be the responsibility of the single-family resident or commercial business whose garbage container, organics container, or recycling container was not removed because it contained prohibited materials to properly separate those materials and place them in their designated containers. If the single-family or commercial business fails to comply with this section, then the property owner would also be responsible. Allowing unseparated garbage, recyclable materials, or organic waste to accumulate will be considered a public nuisance with enforcement against the responsible person or the property owner. Pursuant to the agreement between the city and the franchise collector, contamination could also be subject to an administrative contamination processing fee or noncollection of the container.
B. In addition to the requirements in subsection A of this section, commercial businesses shall also:
1. Commercial business owners, including multifamily, shall provide or arrange for garbage container, organics container and recycling container collection service for employees, contractors, tenants and customers, and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors as noted in subsections (B)(2)(a) and (b) of this section or, if self-hauling, in compliance with self-hauling requirements set forth in this chapter.
2. Commercial businesses that are not multifamily residential dwellings shall provide containers for the collection of source separated organic waste and source separated recyclable materials in all areas where the commercial business provides disposal containers for employees, contractors, tenants, customers and other users of the premises (“user disposal containers”). Such user disposal containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of user disposal container, then the business does not have to provide that particular type of container in all areas where user disposal containers are provided. Pursuant to 14 CCR Section 18984.9(b), the user disposal containers provided by the business shall have either:
a. A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for source separated recyclable materials, and green containers for organics containers. Notwithstanding the foregoing, a commercial business 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 section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or
b. Container labels that include language or graphic images, or both, indicating the primary materials 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. The container labeling requirements are required on new containers commencing January 1, 2022.
3. Commercial landfill, recycling and organics containers, in excess of one cubic yard capacity, shall be enclosed by an opaque construction in accordance with the details and specifications outlined in the city’s standard details. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.075 Collection for persons with disabilities.
The franchised collector or public works director shall grant an alternate temporary or permanent setout location to households whose occupants are physically unable to roll their containers to the curb. Households requesting an alternate setout location shall submit an application. A medical certification of disability and a signed statement, under penalty of perjury, must accompany the application stating that neither the occupant, nor any member of the occupant’s household, is physically able to move the container to the curb. It shall be the responsibility of the holder of the allowance to arrange a suitable location for the container with the franchised collectors. No additional fee will be charged for disabled persons’ service. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.080 Frequency of collection.
Property owner, except commercial business with a waiver for a specific material type as set forth in Section 8.12.100, shall ensure that garbage, recyclable materials and organic waste created, produced, or accumulated on the premises is either collected by the franchised collector or properly removed pursuant to self-haul requirements at least once a week or more often as may be required to adequately serve the premises. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.090 Education and outreach requirements.
All commercial business owners are required to:
A. Excluding multifamily residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the recycling container, organics container, and garbage container collection service.
B. Excluding multifamily residential dwellings, periodically inspect recycling containers, organics containers, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.
C. Including multifamily residential dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials. A copy of such instructions shall be provided to the public works director or designee, upon request.
D. Including multifamily residential dwellings, provide information before or within fourteen days of new occupation of the premises to new tenants and no less than fourteen days before tenants move out of the premises, unless a tenant does not provide fourteen or more days’ notice to before moving out, that describes requirements to keep organics container organic waste and recyclable materials separate from each other and from garbage, the location of containers, and the rules governing their use at the premises.
E. Including multifamily residential dwellings, prominently post and maintain one or more signs where recyclable materials and/or organic waste are collected and/or stored that set forth what materials are required to be source separated, in addition to collection procedures for such materials. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.100 Waivers.
A. De Minimis Waivers. The public works director or enforcement officer may waive commercial businesses’ obligation to comply with some or all of the organic waste and recycling collection service requirements of this chapter if documentation is provided demonstrating that the commercial business generates below a certain amount of organic waste material (de minimis) as described below.
A commercial business requesting a de minimis waiver shall:
1. Submit an application to the public works director or enforcement officer specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the city. Applicants are subject to one or more site inspection(s) prior to approval of a waiver.
2. Provide documentation with the de minimis waiver application 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 recycling container or organics container comprises less than twenty gallons per week per applicable container of the business’s total waste; or 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 recycling container or organics container comprises less than ten gallons per week per applicable container of the business’s total waste.
b. For the purposes of subsections (A)(2)(a) and (b) of this section, total solid waste shall be the sum of weekly garbage, source separated recyclable materials, and source separated organics container organic waste measured in cubic yards.
3. If the de minimis waiver is granted, notify the public works director or enforcement officer granting the waiver if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded.
4. If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the public works director or enforcement officer every five years.
B. Physical Space Waivers. The public works director or enforcement officer may waive a commercial business’s obligation to comply with some or all of the organic waste collection service requirements of this chapter if the enforcement officer has evidence from a licensed contractor, licensed architect, licensed engineer, or other person authorized by the enforcement officer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements set forth in this chapter.
A commercial business requesting a physical space waiver shall:
1. Submit an application to the public works director or enforcement officer specifying the service or requirements for which it is requesting a waiver.
2. Provide documentation with the application for a physical space waiver that the premises lacks adequate space for recycling containers and/or organics containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other person authorized by the enforcement officer.
3. If the waiver is granted, commercial business shall notify the public works director granting the waiver if the commercial business’s physical space configurations or amounts of solid waste generation change, in which case the waiver may be rescinded.
4. If the waiver is granted, commercial business shall provide written verification to the public works director of continued eligibility for a physical space waiver every five years.
C. Change of ownership of a premises automatically revokes a waiver and the new owner must comply with this chapter or obtain its own waiver.
D. Upon the determination of the public works director or enforcement officer a written notification of the approval or denial of a waiver shall be issued to the applicant. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.110 Commercial edible food generator requirements.
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3, or such later deadline established by state law or regulations.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024, or such later deadline established by state law or regulations.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.
2. Enter into a contract or other written agreement with food recovery organizations or food recovery services for: (a) the collection for food recovery of edible food that would otherwise be disposed; or (b) 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.
3. Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organization or food recovery service on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organization or service.
4. Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.
5. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
6. Allow the enforcement officer to review records upon request, including by providing electronic copies or allowing access to the premises.
7. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or food recovery organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
8. If it has not entered into a contract or written agreement with food recovery organizations or food recovery service, a record that describes (a) its direct donation of edible food to end recipients (including employees) and/or (b) its food waste prevention practices that result in it generating no surplus edible food that it can donate.
9. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement officer that includes the information in subsection (C)(7)(c) of this section. Entities shall provide the requested information within sixty days of the request.
D. Nothing in this chapter shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017; or (2) otherwise applicable food safety and handling laws and regulations.
E. Nothing in this chapter prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a). (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.120 Food recovery organizations and services requirements.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization to which the food recovery service transports edible food for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators shall report to the city, or its enforcement officer, the total pounds of edible food recovered from the tier one and tier two commercial edible food generators they have established a contract or written agreement with (regardless of whether those generators are located in the city) according to the following schedule:
1. No later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and
2. 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.
D. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the city shall provide, upon request, information and consultation to the city or designee 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 or designee and commercial edible food generators in the city. A food recovery service or food recovery organization contacted by an enforcement officer shall respond to such request for information within sixty days, unless a shorter time frame is otherwise specified by the enforcement officer. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.130 Franchised collector requirements.
A. Franchised collector providing single-family, commercial, organic waste collection service to generators within the city shall meet the following requirements and standards in connection with collection of organic waste and recyclables:
1. Through written notice or written report to the city annually identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.
2. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR Division 7, Chapter 12, Article 2.
3. Obtain approval from the city to haul organic waste, which can be through a franchise agreement with the franchised collector, 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.
B. The collection of garbage, recyclable materials and organic waste shall be performed by the franchised collector selected by the city in a manner and frequency which protects public health and safety.
C. A franchised collector shall carry, convey or haul solid waste on or along the streets, alleys, highways or waterways of the city in conveyances, containers or receptacles that will not permit any matter to sift through or fall upon the streets, alleys, highways or waterways. Solid waste conveyed in other than a container or receptacle with a close-fitting lid shall be protected with covers to prevent the solid waste from being blown or spilled onto the streets, alleys, highways, waterways or adjacent lands.
D. The city council may, by resolution or an approved contract with any franchised collector, place a limit on the rates, fees and charges, including those for garbage container, recycling container and organics container collection. No franchised collector shall impose any rate, charge, or fee that is greater than the maximum permitted by the city council, unless otherwise authorized in this chapter. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.140 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 city or designee, provide within sixty 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 city or designee, provide within sixty 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. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.150 Self-hauler requirements.
Self-haulers shall:
A. Source separate their recyclable materials and organic waste generated on site from solid waste in a manner consistent with this section or haul organic waste to a high diversion organic waste processing facility.
B. Haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste or to a high diversion organic waste processing facility; and haul their garbage to a fully permitted solid waste facility.
C. Self-haulers, which are commercial businesses including multifamily residential dwellings, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste for a minimum of five years; this record shall be subject to inspection by the city.
1. The records shall include the following information:
a. Delivery receipts and weight tickets from the entity accepting the waste.
b. The amount of material in cubic yards or tons transported by the generator to each entity.
c. If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self- hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
D. Self-haulers that are commercial businesses including multifamily residential dwellings shall provide these records, upon request, to the public works director or designee. Self-haulers shall provide the requested information within sixty days.
E. Landscapers, who self-haul organic waste generated at a customer’s site, must also meet the requirements in this section.
F. A single-family organic waste generator that self-hauls organic waste is not required to record or report this information.
G. It is unlawful for any person to carry, convey or haul solid waste on or along the streets, alleys, highways or waterways of the city except in conveyances, containers or receptacles that will not permit any matter to sift through or fall upon the streets, alleys, highways or waterways. Solid waste conveyed in other than a container or receptacle with a close-fitting lid shall be protected with covers to prevent the solid waste from being blown or spilled onto the streets, alleys, highways, waterways or adjacent lands. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.160 Inspections and investigations.
A. The city or designee is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial business containers for compliance, the city or designee may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.
B. 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 city or designee 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: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (3) access to records for any inspection or investigation is a violation of this chapter.
C. Any records obtained by the city or designee during inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.
D. The city or designee shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter. (Ord. 2021-005 § 2 (Exh. A), 2021)
8.12.170 Enforcement.
A. Violation of any provision of this chapter shall constitute an infraction and subject to enforcement pursuant to Chapter 1.08.
B. Violation of any provision of this chapter may be enforced through an administrative citation as set forth in Chapter 1.10.
C. Violations of any provision of this chapter are deemed a public nuisance and may be enforced pursuant to Chapters 1.08 and 8.02.
D. Any section of this chapter may be enforced by the city, or, if agreed to, by another enforcement officer designated by the city manager.
E. In addition to the remedies set forth above, the city may pursue civil actions in the California courts to enforce this chapter and seek costs, fines and penalties.
F. The issuance of civil penalties or other penalties pursuant to Title 1 will remain the authority of public enforcement entities and will not be delegated to a private entity. (Ord. 2021-005 § 2 (Exh. A), 2021)