Chapter 6.12 SOLID WASTE*

For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.

(a) “Acceptable wastes” means any waste material which can be collected, landfilled or recycled in accordance with good standard practices and/or local, state and federal law describing what materials may be accepted at the city’s sanitary landfill. Acceptable wastes include food waste to be collected and processed by the city.

(b) “Ash” means residue from burning of combustible materials.

(c) “Bulky waste” means oversize waste, including but not limited to large discarded materials; appliances, furniture, junked automobile parts, large tree branches, stumps, and concrete rubble.

(d) “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.

(e) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).

(f) “CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on cities, counties, special districts, and other regulated entities.

(g) “City program guidelines” means the refuse and recycling outreach material the public works department mails to all municipal utilities customers on at least an annual basis.

(h) “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.

(i) “Commercial waste” means waste typically generated by businesses, office buildings, stores, markets, theaters and similar establishments engaged in commerce.

(j) “Combustible waste” means the organic content of solid waste, including paper, cardboard, cartons, wood, boxes, excelsior, plastic, textiles, bedding, leather, rubber, paints, yard trimmings, leaves, and household waste, all of which will burn.

(k) “Compliance review” means a review of records by the city to determine compliance with this chapter.

(l) “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 cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

(m) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

(n) “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).

(o) “Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’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.

(p) “Domestic refuse” (household solid waste) means waste originating from a residential unit, and consisting of paper, cans, bottles, food wastes and may include yard and garden waste.

(q) “Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

(r) “Enforcement action” means an action of the city to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

(s) “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).

(t) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

(u) “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).

(v) “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.

(w) “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).

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

(y) “Food scraps container” means the container used for the purpose of storage and collection of food scraps.

(z) “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).

(aa) “Food waste” means food scraps.

(bb) “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. For the purposes of this chapter, “gray container” may also mean “brown container.” A brown container is a container where the lid or the body of the container is brown in color. Pursuant to 14 CCR Section 18984.7(b), brown containers may be used for the purpose of storage and collection of gray container waste until brown containers are replaced by gray containers.

(cc) “Gray container waste” means solid waste that is collected in a gray container that is part of the city’s organic waste collection service that prohibits the placement of organic waste in the 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).

(dd) “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.

(ee) “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).

(ff) “Hauler route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

(gg) “Hazardous waste” means any waste material, or combination thereof, which poses a substantial present or potential hazard to human health or living organisms because such wastes are nondegradable or persistent in nature or because they can be biologically magnified, or because they can be lethal, or because they may otherwise cause or tend to cause detrimental cumulative effects. Hazardous waste includes, but is not limited to, explosives, pathological wastes, radioactive materials and chemicals which may be harmful to the public during normal storage, collection or disposal cycle, hazardous materials contained in consumer products packaged for distribution to and used by the general public, and any other materials defined as hazardous waste by state or federal law or regulation.

(hh) “Industrial waste” means discarded waste materials from industrial processes and/or manufacturing operations.

(ii) “Infectious waste” (pathological waste) means waste materials from a medical facility, veterinarian facility, hospital or laboratory which may contain pathogens or other disease-infected wastes.

(jj) “Inspection” means a site visit where the city 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).

(kk) “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 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

(ll) “Large venue” 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. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

(mm) “Litter” means solid wastes that are scattered about in a careless manner.

(nn) “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.

(oo) “Noncombustible waste” means inorganic content of solid waste, including glass, metal, tin cans, foils, dirt, gravel, brick, ceramics, crockery and ashes.

(pp) “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).

(qq) “Notice of violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

(rr) “Organic waste” means solid wastes containing material originated 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).

(ss) “Organic waste producer” 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).

(tt) “Producer” means every municipal utilities customer of the city of Santa Cruz, regardless of the volume of solid waste produced.

(uu) “Prohibited container contaminants” means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city’s green container and/or blue container; (iv) discarded materials placed in the food scraps container that are not identified as acceptable source separated food scraps materials for the city’s food scraps container; and (v) excluded waste placed in any container.

(vv) “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).

(ww) “Recyclables” means materials which can be separated from the waste stream, collected and processed so that they may be used again as a raw material for products which may or may not be similar to the original.

(xx) “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).

(yy) “Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

(zz) “Rubbish” means a term for nonfood waste materials collected from residences, commercial establishments and institutions, consisting of cans, paper, glass, magazines, packaging materials, brick, or wood.

(aaa) “Rubble” means rough stones of irregular shape and size, broken from larger masses either naturally or artificially, as by weathering action or by demolition of buildings, pavements, roads, etc.

(bbb) “Sanitary landfill” means a site where solid waste is disposed using sanitary landfilling techniques prescribed by local, state and federal authorities in the interests of the public health and protection of the environment.

(ccc) “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.

(ddd) “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 CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

(eee) “Self-hauler” means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. “Self-hauler” also includes a person 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 producer using the producer’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

(fff) “Single-family” means of, from, or pertaining to any residential premises with fewer than five units.

(ggg) “Sludge” means a semiliquid sediment, resulting from the accumulation of settleable organic/inorganic solids deposited from wastewaters or other fluids in tanks or basins.

(hhh) “Solid waste” has the same meaning as defined in California 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.

(iii) “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 producer, 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.

(jjj) “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 Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

(kkk) “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 producer, excluding source separated blue container organic waste, source separated food waste, carpets, noncompostable paper, and textiles as identified by city program guidelines.

(lll) “Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste, as identified by city program guidelines.

(mmm) “Source separated food waste” means source separated food waste that can be placed in the food scraps container that is limited to the collection of food waste, as identified by city program guidelines.

(nnn) “Street refuse” means material collected by manual and mechanical sweeping of streets and sidewalks, litter from public litter receptacles and dirt removed from catchbasins.

(ooo) “Supermarket” 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).

(ppp) “Tier one commercial edible food producer” 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 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 generators differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

(qqq) “Tier two commercial edible food producer” means a commercial edible food generator that is one of the following:

(1) Restaurant with 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.

(3) Health facility with an on-site food facility and one hundred or more beds.

(4) Large venue.

(5) Large event.

(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 facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generators differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

(rrr) “Toxic waste” means waste that causes unnatural genetic activity, has the potential for bioaccumulation in tissue, or could cause acute and chronic toxicity to various organisms, including humans.

(sss) “Unacceptable wastes” means any waste material which cannot be collected, landfilled or recycled in accordance with good standard practices or local, state and federal law prescribing what materials may be accepted at the city’s sanitary landfill. These wastes may include but not be limited to hazardous, infectious or toxic wastes and other noxious wastes such as ash, broken glass, dust, sawdust, kitty litter and loose fiberglass.

(ttt) “White goods” means discarded kitchen and other large appliances, such as washing machines, and refrigerators.

(uuu) “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 189852(a)(76).

(vvv) “Yard waste” means plant clippings, prunings, grass clippings and leaves, and other discarded material from yards and gardens.

(Ord. 2021-19 § 1, 2021; Ord. 2012-12 § 1, 2012: Ord. 90-02 § 1 (part), 1990).

6.12.020 GENERAL PROVISIONS.

All acceptable wastes shall be removed, collected and disposed of by city forces except as provided in Section 6.12.160 and every person producing acceptable wastes shall cause the same to be collected by the city, its authorized agents or other qualified operative as provided by the municipal code.

The city shall also operate a curbside recycling collection program and a curbside food scrap collection program which shall be under the operational control of the director of public works and shall endeavor to meet or exceed annual recycling and organic waste goals prescribed by local and state authority.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.030 COLLECTIONS.

Collections of acceptable waste and recyclables will be made at least once each week in accordance with a schedule which is maintained by the director of public works. Producers of bulky, commercial, food and industrial wastes may be collected more often as provided by the schedule of the director of public works. It shall be the responsibility of the producer to place receptacles in a manner which facilitates collection by city forces in a safe and sanitary manner. Producers shall also bear the responsibility of knowing the date and approximate time of collections by city forces so that missed pickups are avoided.

All individuals in the city of Santa Cruz must separate their refuse according to its characterization as solid waste, green waste, food waste, or recyclable materials, and place each type of refuse in a separate container designated for disposal of that type of refuse. No person may mix any type of refuse or deposit refuse of one type in a collection container designated for refuse of another type, except as otherwise provided in this chapter.

(Ord. 2021-19 § 1, 2021; Ord. 95-14 § 1, 1995: Ord. 90-02 § 1 (part), 1990).

6.12.031 SINGLE-FAMILY RESIDENTIAL PRODUCERS.

Single-family residential producers, which include the owner, occupant, or property manager of a single-family premises, shall comply with the following requirements except single-family producers that meet the self-hauler requirements in Section 6.12.160.

(a) Subscribe to the city’s organic waste collection services for all organic waste generated as described in subsection (b). The city shall have the right to review the number and size of a producer’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family residential producers shall adjust their service level for their collection services as requested by the city. Producers may additionally 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).

(b) Participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

(1) Source separated green container organic waste, not including food waste, in the green container; unless the city program guidelines specifically authorize the residential disposal of food waste in the green container;

(2) Source separated food waste, in the designated food scraps container;

(3) Source separated recyclable materials in the blue container; and

(4) Gray container waste in the gray container.

Producers shall not place materials designated for the gray container into the green container, food scraps container, or blue container.

(Ord. 2021-19 § 1, 2021).

6.12.032 COMMERCIAL PRODUCERS AND MULTIFAMILY RESIDENTIAL PRODUCERS.

Commercial business and multifamily residential producers shall:

(a) Subscribe to the city’s container collection services and comply with the requirements of those services as described in subsection (b), except commercial businesses that meet the self-hauler requirements in Section 6.12.160. The city shall have the right to review the number and size of a producer’s containers and collection frequency to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.

(1) Source separated green container organic waste, not including food waste, in the green container;

(2) Source separated food waste, in the designated food scraps container;

(3) Source separated recyclable materials in the blue container; and

(4) Gray container waste in the gray container.

Producers shall not place materials designated for the gray container into the green container, food scraps container, or blue container.

(c) Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2)) for employees, contractors, tenants, and customers, consistent with the city’s green container, food scraps container, blue container, and gray container collection service; or if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 6.12.160.

(d) Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste, food 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, 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 the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or

(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 labeling requirements are required on new containers commencing January 1, 2022.

(e) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsections (d)(1) and (d)(2) pursuant to 14 CCR Section 18984.9(b).

(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’s blue container, green container, gray container, and food scrap container collection service, or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 6.12.160.

(g) Excluding multifamily residential dwellings, periodically inspect green containers, food scrap containers, blue containers, and gray containers for contamination and inform employees if containers are contaminated and 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 proper sorting of source separated green container organic waste, source separated food waste, and source separated recyclable materials.

(i) Provide education and information before or within fourteen days of the occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste, source separated food 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 or its agents to their properties during all inspections conducted in accordance with Section 6.12.115 to confirm compliance with the requirements of this chapter.

(k) If a commercial business wants to self-haul, meet the self-hauler requirements in Section 6.12.160.

(l) Nothing in this section prohibits a producer 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, pursuant to Section 6.12.036.

(Ord. 2021-19 § 1, 2021).

6.12.033 WAIVERS FOR PRODUCERS.

(a) De Minimis Waivers. The city may 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 provides documentation that the business generates below a certain amount of organic waste material as described in subsection (a)(2). Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (a)(2).

(2) Provide documentation that either:

(i) 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 gallons per week per applicable container of the business’s total waste; or

(ii) 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 gallons per week per applicable container of the business’s total waste.

(3) Notify the city if circumstances change such that the commercial business’s organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.

(4) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.

(b) Physical Space Waivers. The city may 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 has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 6.12.032.

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 lacks adequate space for green containers, food scrap containers, and/or blue containers including documentation from its hauler, licensed architect, or licensed engineer.

(3) Provide written verification to the city that it is still eligible for a physical space waiver every five years, if the city has approved the application for a physical space waiver.

(c) Review and Approval of Waivers. The director of public works, or his or her designee, will be responsible for the review and approval of waiver requests.

(Ord. 2021-19 § 1, 2021).

6.12.035 SCAVENGING PROHIBITED.

No person shall scavenge or otherwise remove salvage, or remove any materials whatsoever from solid waste, recyclables, green waste, or food waste set out for collection in accordance with this chapter. All wastes set out for collection pursuant to this chapter are the property and responsibility of the city of Santa Cruz or its duly authorized agent. No person shall purchase recycling materials from any other person who has removed such materials from a designated recyclables container or receptacle, in violation of this section, where the prospective purchaser knows or reasonably should know that such materials were illegally obtained.

(Ord. 2021-19 § 1, 2021; Ord. 95-14 § 2, 1995).

6.12.036 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS.

(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.

(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.

(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: (i) the collection of edible food for food recovery; or (ii) 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’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:

(i) 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).

(ii) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

(iii) A record of the following information for each of those food recovery services or food recovery organizations:

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

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

c. The established frequency that food will be collected or self-hauled.

d. The quantity of food, measured in pounds recovered per month, collection or self-hauled to a food recovery service or food recovery organization for food recovery.

(d) Nothing in this chapter 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. 2021-19 § 1, 2021).

6.12.037 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) 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 pursuant to 14 CCR Section 18991.3(b) shall report to the city they are located in 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) no later than April 30th of each calendar year.

(d) Food Recovery Capacity Planning for Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such requests for information within sixty days, unless a shorter time frame is otherwise specified by the city.

(Ord. 2021-19 § 1, 2021).

6.12.040 RECEPTACLES.

(a) Every producer of acceptable wastes shall use city-provided roll-out carts or containers, unless the director of public works or their designee approves a producer’s request to purchase and use their own compactor. Heavy duty plastic yard bags of at least thirty-gallon capacity tightly closed and placed adjacent to the approved plastic or galvanized container on pickup day may be used for extra pickup in accordance with the rate schedule adopted by the city council by resolution. Each container or receptacle shall be watertight, have a tight-fitting cover and shall be kept clean and closed to promote safety and a sanitary condition. Each container or receptacle shall be equipped with two bails or handles each opposed from one another at or near the top of the container.

(b) To facilitate safe handling by city collection crews, city-supplied carts shall be set out at the curb for collection in accordance with the schedule maintained by the director of public works, and shall not exceed one hundred thirty pounds when fully loaded. No unacceptable waste, as defined in Sections 6.12.010(gg), (ii), (ggg), (rrr) and (sss), shall be deposited in refuse cans and containers. Noxious waste such as ash, kitty litter, loose fiberglass, dust, sawdust and disposable diapers shall be disposed of in accordance with the good standard practices as required by the sanitation division.

(c) Containers or receptacles for recyclables, green waste, and food waste shall be provided by the city and shall be maintained by the producer in a clean and serviceable condition. Containers for recyclables, green waste, and food waste shall remain the property of the city of Santa Cruz.

(d) It will not be the duty of the public works department to collect or pick up acceptable wastes or recyclables of any type which are not placed in an approved container or receptacle, which are contaminated with improper materials, and/or not placed for collection in accordance with this chapter.

(e) Special containers not owned by the city may be used under certain conditions when approved by the director of public works or their designee.

(Ord. 2021-19 § 1, 2021; Ord. 95-14 § 3, 1995: Ord. 90-02 § 1 (part), 1990).

6.12.050 STORAGE OF RECEPTACLES.

Containers or receptacles must be stored in a manner which facilitates a safe and sanitary condition and which does not impose a barrier to efficient and physically safe collection by city collection crews as determined by the director of public works. All receptacles or containers shall be stored in a manner as to prevent their contents from being scattered or carried by wind or water in a fashion which causes the accumulation of litter or an unsightly, unsafe or unsanitary condition to exist.

All containers or receptacles containing acceptable wastes or recyclables produced by any commercial or industrial establishment shall be placed for collection at a convenient and accessible place on the premises of the producer, unless special permission is obtained from the director of public works to place the containers or receptacles on public property.

Development permit applications for all industrial, institutional, commercial, professional office and residential developments having more than two units in each structure shall be reviewed by the director of public works to assure that sufficient space is provided in accordance with this section.

In all cases of dispute or complaints concerning the place where refuse or receptacles shall be placed while awaiting the removal of their contents and the same is not specifically fixed by this chapter, the director of public works shall forthwith designate the place and such decision shall be final.

Refuse Container Storage Facility Design Standards. Refuse container enclosures are required of all new multifamily and mixed-use residential projects with three or more housing units or any commercial development as set forth in the city of Santa Cruz department of public works refuse container storage facility design standards that are current at the time of design review available from the public works department.

(Ord. 2022-18 § 1, 2022; Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.060 PERMITTING LITTER TO COLLECT.

It shall be unlawful for any person owning or occupying any building, lot or premises in the city of Santa Cruz to suffer, allow or permit litter to collect and remain upon such property.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.070 COLLECTION VEHICLES.

The body of any vehicle used for the collection of solid waste, recyclables, or food waste shall be metal-lined and shall be constructed so as to prevent the contents from falling or spilling therefrom, and shall be provided with a cover or covers satisfactory to the director of public works. Every vehicle used in the collection of solid waste, recyclables, and food waste shall be well-painted, and shall be kept in a clean and sanitary condition, and shall be properly marked in a conspicuous place to show its classification, identification, and number. The collectors shall transfer the contents of all containers into the vehicle which will be covered when passing through the city streets and when not in the process of collecting. Collections shall not be spilled on stairs, walks, yards, or streets and shall in all cases be delivered to the city sanitary landfill, delivery to be made on the same day that collection is made when practicable, otherwise delivery will be made the day after collection is made.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.080 SOLID WASTE ON STREETS PROHIBITED.

No person shall deposit any solid waste or recyclables upon any city right-of-way, street or other public place except for the purpose of collection in accordance with the stipulations of this chapter.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § l, 1990).

6.12.090 LANDFILL FEES.

An individual resident of the city of Santa Cruz may haul acceptable wastes and recyclables to the sanitary landfill and may dispose of such acceptable wastes and recyclables at the sanitary landfill or recycling center in accordance with the instructions of the landfill attendant and may be charged a fee for solid waste disposal in accordance with the rate schedule adopted by the city council by resolution.

All others hauling acceptable wastes and recyclables to the sanitary landfill in accordance with Section 6.12.160, including but not limited to self-haulers, building, engineering or specialty contractors and producers of commercial, industrial and bulky wastes, rubbish, rubble, white goods or yard waste may dispose of such wastes as directed by the landfill attendant and may be charged a fee for solid waste disposal in accordance with the rate schedule adopted by the city council by resolution.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.100 COLLECTION FEES.

Fees for collection of acceptable wastes of any nature pursuant to this chapter, and for the rental or use of special containers provided by the city, shall be established by the city council by resolution.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.110 BILLINGS.

The fees and charges provided for by this chapter shall be rendered at the end of each billing period in accordance with the provisions of Chapter 16.13.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.115 INSPECTIONS AND INVESTIGATIONS.

(a) City representatives and/or 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 producers, or source separated materials to confirm compliance with this chapter by organic waste producers, commercial businesses, multifamily residential dwellings, property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.

(b) Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its 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; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(c) Any records obtained by the city during its inspections 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 representatives and/or designees are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(e) The city shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.

(Ord. 2021-19 § 1, 2021).

6.12.120 PENALTIES FOR DELINQUENCY, NONPAYMENT AND ENFORCEMENT OF VIOLATION OF THIS CHAPTER.

The penalties set forth in this section are in addition to the remedies and penalties provided for in Title 4.

(a) In the event that any account becomes delinquent, or any billing is not paid, or any person or persons subject to this chapter violate any of its provisions related to fees, penalties may be assessed in accordance with Chapter 16.13.

(b) Violations of Section 6.12.035 shall be deemed a separate offense for each such container or receptacle from which recyclable materials are removed. The city attorney shall have the discretion to prosecute any such act as either a misdemeanor or an infraction in accordance with Chapter 4.04. In addition, any person who violates Section 6.12.035 shall be liable for civil penalties of not more than one thousand dollars, or treble damages as measured by the value of the material removed, whichever is greater, for each violation.

(c) Violation of any provision of this chapter shall constitute grounds for administrative citation under Title 4, subject to all procedures of the section thereunder, except as otherwise indicated in this chapter. The director of public works or their designee(s) shall have the power:

(1) To issue notices of violation for the violation of any provisions of this chapter, in accordance with Chapter 4.10.

(2) To issue administrative citations for the violation of any provisions of this chapter, in accordance with Chapter 4.14.

(3) To conduct inspections and investigations according to Section 6.12.115.

(d) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exists such that court action is a reasonable use of city staff and resources.

(e) Process for Enforcement.

(1) The director of public works or their designee(s) will monitor compliance with this chapter randomly and through compliance review, route review, investigations of complaints, and an inspection program. Section 6.12.115 establishes the city’s right to conduct inspections and investigations.

(2) The city may issue an official notification to notify regulated entities of their obligations under this chapter. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the city or, if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

(3) For incidences of prohibited container contaminants found in containers, the city will issue a notice of violation to any producer found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within seven days after determining that a violation has occurred. If the city observes prohibited container contaminants in a producer’s containers on more than three consecutive occasions, the city may assess contamination processing fees or contamination penalties on the producer.

(4) With the exception of violations of producer contamination of container contents addressed under subsection (e)(3), the city shall issue a notice of violation requiring compliance within sixty days after issuance of the notice.

(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city’s administrative citation procedure contained in Chapter 4.14.

(f) Penalty Amounts for Types of Violations. Consistent with Section 4.14.070, the penalty levels are as follows:

(1) For a first violation, the amount of the base penalty shall be one hundred dollars per violation.

(2) For a second violation, the amount of the base penalty shall be two hundred dollars per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be five hundred dollars per violation.

(g) Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(2) Delays in obtaining discretionary permits or other government agency approvals; or

(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(h) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation in accordance with Chapter 4.20.

(i) Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, the city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that an organic waste producer, self-hauler, hauler, tier one commercial edible food producer, 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.

(j) Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste producer, self-hauler, hauler, tier one or tier two commercial edible food producer, 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 section, as needed.

(Ord. 2021-19 § 1, 2021; Ord. 95-14 § 4, 1995: Ord. 90-02 § 1, 1990).

6.12.130 BURYING SOLID WASTES PROHIBITED.

No person shall bury solid wastes at any place in the city for whatever purpose. This section shall not be interpreted in a way which prohibits composting as permitted in Section 6.12.140.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § l, 1990).

6.12.140 COMPOSTING PERMITTED.

Individual residents of the city of Santa Cruz may conduct home composting for the production of compost or mulch for other than commercial purposes or resale to the public. Composting techniques used shall be in accordance with good standard practices developed for the purposes of minimizing offensive odors and controlling pests. Meat, bones, grease, dairy products and human, dog, cat or other nonfarm animal feces shall not be composted.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.150 BURNING OF SOLID WASTES.

The burning of all solid wastes shall be prohibited except as permitted by Article II of the Uniform Fire Code.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.160 SELF-HAULING, DISPOSAL BY INDIVIDUAL PRODUCER.

(a) A producer may only collect, remove and dispose of, or cause to be collected, removed and disposed of, solid waste, green waste, food waste, and recyclables created or produced on producer’s premises or on premises under producer’s control. All such collection, removal and disposal activities shall be carried out only by the producer personally, or by the producer’s regularly employed personnel carried on the producer’s payroll records as employees. Said producers shall source separate all recyclable materials and organic materials generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2. Said solid waste, green waste, food waste and recyclables may only be collected, removed and disposed of pursuant to the stipulations set forth in this section and elsewhere within the city code.

(b) A producer who is an owner or occupant of a residence may cause acceptable wastes and recyclables produced on the premises to be collected and disposed of by an independent contractor or by a person employed by said owner or occupant. Such acceptable wastes and recyclables shall be collected and disposed of only pursuant to the stipulations set forth in this section and elsewhere within the city code.

(c) Placement or use of roll-off boxes, dumpsters, debris boxes and other containers is prohibited unless such roll-off box, dumpster, debris box or other container is situated at all times while on site on the vehicle which transports it.

(d) Acceptable wastes and recyclables shall be disposed of only at a lawfully approved disposal area or sanitary landfill and shall be transported thereto only in a manner which will preclude the littering of public and private property and as otherwise provided by city code. Source separated recyclable materials shall be disposed of at a facility that recovers those materials. Source separated green container organic waste shall be disposed of at a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste.

(e) Removal and disposal of acceptable wastes and recyclables by a producer shall not relieve producer, or any other person, from the obligation and liability imposed by this chapter for the payment of the minimum solid waste collection and disposal rates established by the city.

(f) Individual producers of acceptable wastes and recyclables which average over the course of the preceding twelve-month period in excess of fifty cubic yards per month are eligible to request the approval of the director of public works for authorization to self-haul such acceptable wastes and recyclables as are created or produced within the city limits and upon the property of the producer. Such authorization shall be consistent with the applicable terms and conditions set forth in this chapter and elsewhere which govern collection, receptacles, storage of receptacles, litter, collection vehicles, fees, billings, penalties for delinquency, nonpayment or violations, burying wastes, burning, rules set by the director and unacceptable wastes.

Such authorization may be modified or revoked by the director of public works with at least sixty calendar days’ written notice, subsequent to the director’s findings of a significant change in the conditions of the producer’s self-haul operation or of evidence of violation of the stipulations of state, county or city health and sanitation laws.

It is the city’s intent to prohibit the contract, lease or assignment of the authorization to self-haul acceptable wastes described in this section to other than the producer’s own forces.

(g) Producers under this section that are commercial businesses or 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 organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the waste.

(2) The amount of material in cubic yards or tons transported by the producer to each entity.

(3) 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.

(h) Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection (g) to the city if requested.

(i) A residential organic waste producer that self-hauls organic waste is not required to record or report the information in subsection (g).

(Ord. 2021-19 § 1, 2021; Ord. 2003-07 § 1, 2003: Ord. 90-02 § 1 (part), 1990).

6.12.170 RULES.

The director of public works shall have power to establish rules and regulations not inconsistent with this chapter, governing the collection and disposal of acceptable wastes and recyclables; provided, that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances in effect in the city.

(Ord. 2021-19 § 1, 2021; Ord. 90-02 § 1 (part), 1990).

6.12.180 UNACCEPTABLE WASTES.

(a) It is unlawful to place or permit placement of the following materials and unacceptable wastes in refuse, recycling or green waste carts or containers for collection by the city or into loads taken to the city resource recovery facility for processing or disposal:

(1) Volatile materials including, but not limited to, petroleum distillates, such as gasoline, and alcohol;

(2) Hazardous wastes as defined in Section 6.12.010(gg);

(3) Infectious wastes as defined in Section 6.12.010(ii);

(4) Sludge as defined in Section 6.12.010(ggg);

(5) Toxic wastes as defined in Section 6.12.010(rrr).

(Ord. 2021-19 § 1, 2021; Ord. 2012-12 § 2, 2012: Ord. 90-02 § 1 (part), 1990).