Chapter 14.05
GREEN BUILDING STANDARDS AND RECYCLING OF ORGANIC WASTE
Sections:
14.05.020 Commercial solid waste recycling.
14.05.030 Organic waste recycling.
14.05.050 Enforcement provisions.
14.05.010 Purpose.
The purpose of the ordinance codified in this chapter is to comply with the provisions of Chapters 12.8 (Recycling of Commercial Solid Waste) and 12.9 (Recycling of Organic Waste) of Part 3 of Division 30 of California’s Public Resources Code, which were added by Assembly Bill 341 (October 5, 2011) and Assembly Bill 1826 (September 28, 2014), respectively.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
Statutory Reference: Public Resources Code §§ 42649.1 through 42649.87.
14.05.015 Definitions.*
For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:
A. “Business” means (i) a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or (ii) a multifamily residential dwelling.
B. “Commercial solid waste” means all types of solid wastes generated by stores, offices and other commercial sources, excluding residences, and excluding industrial wastes.
C. “Organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
D. “Self-haul” means to act as a self-hauler.
E. “Self-hauler” means a business that hauls its own waste rather than contracting for that service.
F. “Waste generator” means (i) a business (other than a multifamily residential dwelling) operating in the city of South Gate that generates more than four cubic yards of commercial solid waste per week, and (ii) a multifamily residential dwelling of five units or more.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
* Code reviser’s note: Ord. 2021-12-CC adds this section as 14.05.010; it has been renumbered to prevent duplication.
Statutory Reference: Public Resources Code §§ 42649.1 and 42649.8.
14.05.020 Commercial solid waste recycling.
A. A business that is a waste generator shall arrange for recycling services consistent with this section by taking at least one of the following actions:
1. Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements (which must comply with the requirements of this title) for the pickup of recyclable materials. A waste generator that elects to self-haul shall obtain a self-hauling permit from the city and shall otherwise comply with the requirements of Section 13.100.420.
2. Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.
B. A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
Statutory Reference: Public Resources Code § 42649.2.
14.05.030 Organic waste recycling.
A. A business that is a waste generator shall arrange for recycling services specifically for organic waste consistent with this section. The requirements of this section shall be in addition to, and not instead of, the requirements of Section 14.05.020.
B. A business that is a waste generator shall take at least one of the following actions:
1. Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste.
2. Recycle its organic waste on site or self-haul its own organic waste for recycling. A waste generator that elects to self-haul shall obtain a self-hauling permit from the city and shall otherwise comply with the requirements of Section 13.100.420.
3. Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste.
4. Make other arrangements consistent with any of the following: (a) a franchise granted by the city; (b) a contract, license, or permit to collect solid waste previously granted by the city; or (c) the existing right of a business to sell or donate its recyclable organic waste materials.
C. A business that is a property owner may require a lessee or tenant of that property to source separate their organic waste to aid in compliance with this section.
D. A business generating organic waste which is subject to this section shall arrange for the recycling services required by this section in a manner that is consistent with the requirements of this title.
E. The contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this chapter. The “gardener’s exclusion” set forth in Section 13.100.180 is not intended to, and shall not, limit the applicability of this subsection.
F. A business that is a multifamily dwelling is not required to arrange for the organic waste recycling services specified in subsection B of this section for food waste that is generated by the business, except as otherwise required by this title.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
Statutory Reference: Public Resources Code § 42649.81.
14.05.040 Fees.
A. The city may charge and collect a fee from a business that is a waste generator in order to recover the city’s costs incurred in any or all of the following: (i) enforcing Section 14.05.020; (ii) creating, implementing, revising, replacing or administering the commercial solid waste recycling program which the city is obligated to implement pursuant to Public Resources Code Section 42649.3; and (iii) otherwise complying with the requirements of Chapter 12.8 (Recycling of Commercial Solid Waste) of Part 1 (Integrated Waste Management) of Division 30 (Waste Management) of California’s Public Resources Code.
B. In addition to the fee authorized by subsection A of this section, the city may also charge and collect a fee from a business that is a waste generator in order to recover the city’s costs incurred in any or all of the following: (i) enforcing Section 14.05.030; (ii) creating, implementing, revising, replacing or administering the organic waste recycling program which the city is obligated to implement pursuant to Public Resources Code Section 42649.82; and (iii) otherwise complying with the requirements of Chapter 12.9 (Recycling of Organic Waste) of Part 1 (Integrated Waste Management) of Division 30 (Waste Management) of California’s Public Resources Code.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
Statutory Reference: Public Resources Code §§ 42649.6 and 42649.85.
14.05.050 Enforcement provisions.
A. Each business that is a waste generator must, by March 15th of each year, report to the city (on forms approved by the city) information regarding that business’s compliance with Sections 14.05.020 and 14.05.030. That report shall include information as to (i) how commercial solid waste and organic waste are being recycled; (ii) the types of commercial solid waste and organic waste being recycled; (iii) the yearly total amount, in pounds or tons, of commercial solid waste and organic waste being recycled; (iv) any other information reasonably requested by the city relative to the business’s compliance with Sections 14.05.020 and 14.05.030; and (v) any relevant information otherwise required by Chapter 14.06.
B. Any business that has not submitted the report required under subsection A of this section by March 15th may be issued a warning by the city.
C. Any business that has not submitted the report required under subsection A of this section by April 1st may be issued a citation by the city. The citation will require payment by the business of a fine in an amount to be determined by the city.
D. Subsequent failures by a business to comply with the requirements of subsection A of this section may subject the business to additional fines and penalties, at such times and in such amounts as the city deems necessary to enforce compliance with the provisions of this chapter.
E. In addition to the remedies set forth in subsections C and D of this section, the city shall have the right to take other actions which the city deems necessary to enforce a business’s compliance with the provisions of this chapter, including without limitation (i) revoking the business’s self-hauling permit, if any, and/or (ii) enrolling the business in any commercial solid waste recycling program and/or any organic waste recycling program operated by the city, operated by a waste hauler franchised by the city, or operated by any other designee as that term is defined in Section 14.06.01.020.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
Statutory Reference: Public Resources Code §§ 42649.3(e) and 42649.82(e)(1).