* For state law as to garbage and refuse disposal generally, see H. & S.C., §§ 4100 to 4485. For state law as to abatement of weeds, refuse and rubbish, see Gov. C., §§ 39500 to 39587.

As to license fee for vehicles used for collecting rubbish, etc., see § 18.27 SPMC. As to deposit of trash in parks, see § 21.17.

ARTICLE I. IN GENERAL

16.1 Definitions.

The following words and phrases, wherever used in this chapter, shall be construed as follows:

“Black/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 black/gray container waste.

“Black/gray container waste” means solid waste that is collected in a black/gray container that is part of a two-container or three-container organic waste collection service that prohibits the placement of organic waste in the black/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).

“Blue container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

“California Code of Regulations” or “CCR” means the state of California Code of Regulations. CCR references 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 the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on cities (and others).

“C&D” means construction and demolition debris.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this chapter or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

“Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4), or as otherwise defined by 14 CCR Section 18982(a)(8).

“Compliance review” means a review of records by the city or its designee to determine compliance with this chapter.

“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.

“Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

“Designee” means an entity that the city 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 contractor, a private entity, or a combination of those entities.

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

“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.

“Excluded waste” means hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city’s, or its designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

“Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

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

“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24).

“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery, either directly or through other entities, or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code;

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A “food recovery organization” is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for “food recovery organization” differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A “food recovery service” is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

“Food 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.

“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).

“Food-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

“Food waste” means food scraps, food-soiled paper, and 100 percent fiber-based compostable dinnerware.

“Green container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

“Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

“Hauler” means the person to whom the city council shall have awarded a contract, or shall have been otherwise authorized to receive, collect, carry, haul, transport and dispose of any and all organic waste and nonorganic waste within the city pursuant to SPMC 16.5.

“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).

“High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the mixed waste organic collection stream as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).

“Inspection” means a site visit where the city or its designee 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).

“Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

“Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation 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.

“Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

“Mixed refuse/recyclable waste stream” or “mixed refuse/recyclable waste” means solid waste that is collected in a black/gray container that is part of a two-container organic waste collection service that includes black/gray container waste, source separated recyclable materials, or source separated blue container organic waste which are separated at a centralized facility.

“Mixed waste organic collection stream” or “mixed waste” means organic waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

“Noncompostable paper” includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

“Nonlocal entity” means the following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42), including special districts located within the boundaries of the city, including South Pasadena Unified School District.

“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).

“Nonorganic waste” means solid waste excluding matter defined as “organic waste” by this section.

“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.

“Organic waste” means solid wastes containing material originating from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46), excluding animal carcasses not eaten on the premises such as small rodents (e.g., mice and rats). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

“Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

“Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

“Printing and writing papers” includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, notepads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

Prohibited Container Contaminants.

(1) Where a three-container collection service has been implemented consisting of a black/gray container, a green container, and a blue container, “prohibited container contaminants” means the following: (A) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (B) 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; (C) discarded materials placed in the black/gray container that are identified as acceptable source separated recyclable materials and/or source separated green container organic wastes, which are to be separately collected in the city’s green container and/or blue container; and (D) excluded waste placed in any container.

(2) Where a two-container collection service has been implemented for source separated green container organic waste and mixed refuse/recyclable waste, “prohibited container contaminants” means the following: (A) discarded materials placed in a green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (B) discarded materials placed in the black/gray container that are identified as acceptable source separated green container organic waste, which are to be separately collected in the city’s green container; and (C) excluded waste placed in any container.

“Recovered organic waste products” means products made from California, landfill-diverted, recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

“Recycled-content paper” means paper products and printing and writing paper that consist of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

“Regional agency” means a regional agency as defined in Public Resources Code Section 40181.

“Regional or county agency enforcement official” means a regional or county agency enforcement official, designated by the city, with responsibility for enforcing this chapter in conjunction or consultation with the city manager or their designee.

“Remote monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices mounted on the hauler’s, the city’s, or the city’s designee’s vehicles or carried by the hauler, city, or the city’s designee to visualize the contents of blue containers, green containers, and/or black/gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

“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).

“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.

“SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reductions 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.

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

“Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines “solid waste” as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that “solid waste” does not include any of the following wastes:

(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

(4) Animal carcasses, except carcasses of animals eaten on the premises or carcasses of small rodents (e.g., mice and rats).

“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 of those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, “source separated” shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from black/gray container waste or other solid waste for the purposes of collection and processing.

“Source separated blue container organic waste” means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).

“Source separated green container organic waste” means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, noncompostable paper, and textiles.

“Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste.

“State” means the state of California.

“Street” means all streets, highways, avenues, lanes, alleys, courts, places, squares, and other public ways in the city.

“Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

“Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than 10,000 square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of “tier one commercial edible food generator” differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

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

(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

(2) Hotel with an on-site food facility and 200 or more rooms.

(3) Health facility with an on-site food facility and 100 or more beds.

(4) Large venue.

(5) Large event.

(6) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

(7) A local education agency facility with an on-site food facility.

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

“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, or prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). (Ord. No. 1216, § 1: Ord. No. 1382, §§ 2, 3; Ord. 2359, § 2, 2021.)

16.2 Burying, dumping, etc., prohibited.

It shall be unlawful for any person to bury on any lot, land or public way within the city any organic waste or nonorganic waste. It shall be unlawful for any person to dump or place any organic waste or nonorganic waste on any public way or on any lot or land not owned or leased by such person. This section shall not apply to land used by the city for a collection or disposal site.

It shall be unlawful for any person to dump or spread organic waste or nonorganic waste on the surface of the ground for drying, composting or mulching. (Ord. No. 1216, § 2; Ord. 2359, § 2, 2021.)

16.3 Illegal accumulations.

It shall be unlawful for any person owning or occupying any building, lot or premises in the city to allow organic waste or nonorganic waste to collect except in receptacles of the type specified in this chapter. This provision shall not apply to organic waste or nonorganic waste of building operations during the course of construction, and within a reasonable time thereafter, to wood neatly piled for kitchen or household use, or to the piling of brush, tree, etc., trimmings and stumps as described in SPMC 16.14. (Ord. No. 1216, § 3; Ord. 2359, § 2, 2021.)

16.4 Burning.*

It shall be unlawful for any person at any time to burn organic waste or nonorganic waste within the city, except as permitted by ordinance, the fire chief or the rules and regulations of the South Coast Air Quality Management District.

No organic waste or nonorganic waste shall be burned which shall, in burning, emit a dense or offensive smoke or odor. (Ord. No. 1216, § 4; Ord. 2359, § 2, 2021.)

* For state law as to burning garbage, see H. & S.C.A., §§ 4300 to 4302.
As to burning of bones, feathers, etc., see § 20.5 SPMC.

16.5 Collection and removal generally.

The city reserves unto itself or its hauler the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all organic waste or nonorganic waste produced or found within the corporate limits of the city, and it is hereby declared to be unlawful for any person, except as in this chapter provided, to collect, transport or dispose of any organic waste or nonorganic waste produced or found within the city.

The collection, removal and disposal of all organic waste or nonorganic waste shall be performed exclusively by the city or its hauler under the supervision of the city manager; provided, however, that:

(a) Persons engaging in the business of gardening or tree trimming or tree removal shall, within 24 hours from the completion of the job, be permitted to remove and dispose of the garden and tree trimmings which form the immediate by-product of their operations; or

(b) Any person is hereby permitted to collect, transport and dispose of building material residue resulting from structural work under a proper building permit issued by the city. (Ord. No. 1216, § 8; Ord. No. 1777, § 1; Ord. 2359, § 2, 2021.)

16.6 Collection contract or license.*

The city council may enter into contracts, agreements or licenses with any person for the removal of organic waste or nonorganic waste or both. The council, in the exercise of its discretion, hereby determines that it will not be necessary, before entering into such contracts, agreements or licenses, to ask for bids. However, each person to whom such a contract, agreement or license is awarded shall file a bond in a sum and form satisfactory to the city council conditioned on the faithful performance of the duties imposed by this chapter or any amendment thereof and by the terms of the contract, agreement or license. (Ord. No. 1216, § 8; Ord. 2359, § 2, 2021.)

* For state law authorizing cities to enter into garbage and refuse disposal contracts, see H. & S.C.A., § 4250.

16.7 Frequency of collections.

The city manager may make such regulations concerning the number of collections and removal of organic waste or nonorganic waste as may be necessary to carry out the provisions of this chapter. In no case shall collections be less often than once a week for organic waste or nonorganic waste. Extra collections or collections of excessive amounts of organic waste or nonorganic waste shall be allowed in accordance with the contract in effect at that time between the city and the hauler. (Ord. No. 1328, § 1; Ord. 2359, § 2, 2021.)

16.8 Charges for collection of garbage and waste matter.

(a) The collection of organic waste or nonorganic waste is a compulsory service rendered to the citizens of the city and the cost of regular collections of same shall be determined in accordance with the contract in effect at that time between the city and the hauler.

(b) For extra collections or for collections of excessive amounts of organic waste or nonorganic waste or from locations other than those specified and the cost of extra collections of same shall be determined in accordance with the contract in effect at that time between the city and the hauler.

(c) Payment of such collection charges for services described in subsections (a) and (b) of this section shall be the responsibility of the generator.

(d) Billing and collection of such collection charges for services described in subsections (a) and (b) of this section shall be the responsibility of the hauler. (Ord. No. 1328, § 1; Ord. No. 1777, § 2; Ord. 2359, § 2, 2021.)

16.9 Animal disposal.

It is unlawful for any person to deposit the carcass of any animal in the organic waste or nonorganic waste receptacles, except the carcass of an animal of the type used for human consumption, or the carcass of a small rodent. Small rodent carcasses are considered nonorganic waste as defined by this chapter. (Ord. 2359, § 2, 2021.)

16.10 Reserved.

(Ord. No. 1328, § 1; Ord. 2359, § 2, 2021.)

16.11 Reserved.

(Ord. No. 1328, § 1; Ord. No. 1777, § 3; Ord. 2359, § 2, 2021.)

16.12 Liability for fees.

The city council hereby finds that the regular periodic collection of organic waste or nonorganic waste from all units in the city benefits all occupants or owners of said places and premises in the city and therefore all occupants or owners of said places are made liable for the organic waste or nonorganic waste collection fees prescribed in this article, except as otherwise provided herein. The failure or refusal of any occupant or owner of any unit to allow city collection of organic waste or nonorganic waste to be effected from any family residential unit shall not relieve such occupant or owner from liability for payment of such service. (Ord. No. 1777, § 4; Ord. 2359, § 2, 2021.)

16.13 Transportation along streets.

No person shall remove or transport, or cause to be removed or transported, any organic waste or nonorganic waste upon or along any public street or way or other public place in the city; provided, however, that the provisions of this section shall not apply to any person in the employ of the city who shall be assigned by the city manager to such removal, or to any person with whom the city has entered into a contract for the collection, removal or transportation or purchase of organic waste or nonorganic waste, or to any employee of such contractor during such time as such contract shall be in force, or to any person conveying through the city organic waste or nonorganic waste collected outside the city. (Ord. No. 1216, § 8; Ord. 2359, § 2, 2021.)

16.14 Piling of brush, tree, etc., trimmings and stumps.

Brush, tree and garden trimmings and stumps may be kept in a pile for collection. No item of the pile shall exceed four inches in diameter or three feet in length or weigh more than 80 pounds. The size of the pile shall not exceed three feet in any direction, or shall not exceed the collection volume limit identified for that site’s organic waste and nonorganic waste services, whichever is less. (Ord. No. 1216, § 7; Ord. 2359, § 2, 2021.)

16.15 Placing of ashes for collection.

All ashes, when placed for collection, shall be cold and free from fire, live coals or other substances which might ignite. (Ord. No. 1216, § 7; Ord. 2359, § 2, 2021.)

16.16 Disposal of articles from infected premises.

Wearing apparel, bedding and other articles from any home or place where an infectious or contagious disease has prevailed shall not be placed in a garbage or waste matter receptacle or otherwise disposed of except under the direction of the health officer. (Ord. No. 1216, § 7; Ord. 2359, § 2, 2021.)

ARTICLE II. RECEPTACLES*

* As to garbage cans in auto trailer camps, see § 6.33 of this Code. As to containers for garbage and waste in private institutions, see § 24.17.

16.17 Generally.

Every owner, tenant or occupant of any premises where organic waste or nonorganic waste is created shall provide upon such premises one or more organic waste and nonorganic waste receptacles, provided with outside handles and with tight-fitting covers, unless provided a receptacle or container by the city or its designee for receiving and holding all organic waste or nonorganic waste created upon such premises between the times of collection. Receptacles shall not exceed the container volume limit identified for that site’s organic waste and nonorganic waste services. Receptacles provided by the city or its designee shall have a capacity as determined by the city manager or their designee. No organic waste or nonorganic waste receptacle shall be required where a disposal receptacle has been installed on the premises under a permit obtained from the building department and approved by the city manager.

All containers shall be maintained in good condition and repair. Any container which does not conform to the provisions of this article or which may have ragged or sharp edges, or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced by the owner upon written notice mailed from the office of the city manager, unless the receptacle or container has been provided by the city, in which case the owner, tenant or occupant shall contact the city or its designee to replace the receptacle. (Ord. No. 1328, § 1; Ord. 2359, § 2, 2021.)

16.18 Location.

All receptacles shall at all times be located in a readily accessible backyard location, or other location as designated by the city or its designee, and as close as possible to the driveway, street or walk available to the collector.

Containers should be located where a person can handle them easily and should at no time be more than 10 feet from collector’s access path. (Ord. No. 1328, § 1; Ord. 2359, § 2, 2021.)

16.19 Unauthorized removal or interference with.

No person other than the owner thereof or any officer or employee of the city or the hauler, or other person authorized by the city, shall move, remove or interfere with any organic waste or nonorganic waste receptacle or the contents thereof. (Ord. No. 1216, § 5; Ord. 2359, § 2, 2021.)

16.20 Not to be used for inflammables or explosives.

Highly inflammable or explosive materials shall not be placed in receptacles provided for in this article at any time, but shall be disposed of as directed by the chief of the fire department at the expense of the owner or possessor thereof. (Ord. No. 1216, § 5; Ord. 2359, § 2, 2021.)

16.21 To be kept clean and sanitary.

All receptacles provided for in this article shall be kept in a clean and sanitary condition by the owner or tenant using the same. After the receptacle has been emptied and cleaned, but before it is again used, the lid may be removed to allow airing and drying, if all food particles have been removed in the cleaning process. (Ord. No. 1216, § 6; Ord. 2359, § 2, 2021.)

16.22 Covering of garbage receptacles—Wrapping garbage.

All organic waste or nonorganic waste receptacles shall be kept tightly covered at all times, except when organic waste or nonorganic waste is being deposited therein or removed therefrom, and the owner shall at no time allow access to the contents by flies, rats or other insects or animals. (Ord. No. 1328, § 1; Ord. 2359, § 2, 2021.)

ARTICLE III. SINGLE-USE PLASTIC CARRYOUT BAGS

16.31 Definitions.

For purposes of this article, the following definitions shall apply:

(a) “Customer” means any person purchasing goods from a store.

(b) “Operator” means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store.

(d) “City sponsored event” means any event organized or sponsored by the city of South Pasadena or any department of the city of South Pasadena.

(e) “Farmers’ market” means a market where farmers who grow produce sell their fruits and vegetables directly to the public.

(f) “Single-use plastic carryout bag” means any bag with handles, made predominantly of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale. “Single-use plastic carryout bag” includes compostable and biodegradable bags but does not include reusable bags, produce bags, or product bags.

(g) “Post-consumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. “Post-consumer recycled material” does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

(h) “Produce bag” or “product bag” means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.

(i) “Recyclable” means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. “Recycling” does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

(j) “Recyclable paper carryout bag” means a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is one hundred percent recyclable overall and contains a minimum of forty percent post-consumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the ASTM International (www.astm.org) Standard D6400; (4) is accepted for recycling in curbside programs in the city; (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of post-consumer recycled material used; and (6) displays the word “Recyclable” in a highly visible manner on the outside of the bag.

(k) “Reusable bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of one hundred twenty-five uses, which for purposes of this subsection, means the capability of carrying a minimum of twenty-two pounds one hundred twenty-five times over a distance of at least one hundred seventy-five feet; (2) has a minimum volume of fifteen liters; (3) is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of post-consumer recycled material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick.

(l) “Store” means any of the following retail establishments located within the city:

(1) A full-line, self-service retail store with gross annual sales of two million dollars, or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items;

(2) A store of at least ten thousand square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or

(3) A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. (Ord. No. 2269, § 2, 2014.)

16.32 Single-use plastic carryout bags prohibited.

(a) No store shall provide to any customer a plastic carryout bag.

(b) No farmers’ market fresh fruit or produce vendor shall provide to any customer a plastic carryout bag. This ordinance does not apply to farmers’ market vendors of prepared food.

(c) This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to produce bags or product bags.

(d) No person or store shall distribute plastic carryout bags at any city facility, any event held on city property, or at any city sponsored event, unless an exemption is approved pursuant to SPMC Section 16.36. (Ord. No. 2269, § 2, 2014.)

16.33 Permitted bags.

All stores shall provide or make available to a customer only recyclable paper carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this article. Nothing in this article prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. (Ord. No. 2269, § 2, 2014.)

16.34 Regulation of recyclable paper carryout bags.

(a) Any store that provides a recyclable paper carryout bag to a customer must charge the customer ten cents for each bag provided, except as otherwise provided in this article.

(b) No store shall rebate or otherwise reimburse a customer any portion of the ten cent charge required in subsection (a), except as otherwise provided in this article.

(c) All stores must indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags.

(d) All monies collected by a store under this article will be retained by the store and may be used only for any of the following purposes: (1) costs associated with complying with the requirements of this article; (2) actual costs of providing recyclable paper carryout bags; or (3) costs associated with a store’s educational materials or education campaign encouraging the use of reusable bags, if any.

(e) All stores must keep records of the total number of recyclable paper carryout bags provided, the total amount of monies collected for providing recyclable paper carryout bags, and a summary of any efforts a store has undertaken to promote the use of reusable bags by customers in the prior year. Such records must be made available for the city to review at any time.

(f) If the reporting required in subsection (e) is not timely submitted by a store, such store shall be subject to the fines set forth in Section 16.38. (Ord. No. 2269, § 2, 2014.)

16.35 Use of reusable bags.

(a) All stores must provide reusable bags to customers, either for sale or at no charge.

(b) Each store is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags. (Ord. No. 2269, § 2, 2014.)

16.36 Exemptions.

(a) Recyclable paper carryout bags may be distributed to customers free of charge at farmers’ markets.

(b) Recyclable paper carryout bags may be distributed to customers free of charge at any city facility, any event held on city property, or at any city sponsored event.

(c) All stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store’s option, to any customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code.

(d) All stores required to provide plastic carryout bags as a condition of use or as required to abate a nuisance, whether such condition is imposed by the city, a court of law, and/or any other regulatory entity, shall not be in violation of this article during the time such condition is in effect.

(e) Notwithstanding the prohibitions contained in Section 16.32:

(1) The city manager or designee may issue an exemption from the requirements of this article for a limited period upon a showing that enforcement of the ordinance would cause undue hardship upon the applicant.

(2) An exemption application shall include all information necessary for the city to make its decision, including, but not limited to, documentation showing factual support for the claimed exemption. The city manager or designee may require the applicant to provide additional information to permit the city to determine facts regarding the exemption application. (Ord. No. 2269, § 2, 2014.)

16.37 Operative date.

This article shall become operative four months from the date this article first becomes effective, for farmers’ markets and stores defined in subsections (l)(1) and (l)(2) of Section 16.31. For stores defined in subsection (l)(3) of Section 16.31, this article shall become operative six months from the date this article first becomes effective. (Ord. No. 2269, § 2, 2014.)

16.38 Enforcement and violation—Penalty.

(a) It shall be unlawful for any person to violate the provisions of this article. A violation of this article shall be punishable under the administrative citation procedures set forth in Chapter 1A. The fine imposed for a particular violation shall be in the amount set forth in the administrative citation schedule established by resolution of the city council pursuant to Section 1A.6. The city manager or designee has primary responsibility for enforcement of this article.

(b) All fines collected pursuant to this article shall be deposited in the General Fund to assist the city with its costs of implementing and enforcing the requirements of this article. (Ord. No. 2269, § 2, 2014.)

16.39 Severability.

If any section, subsection, sentence, clause, or phrase of this article, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining portions of this article, or its application to any other persons or circumstance. The city council of the city of South Pasadena hereby declares that it would have adopted the ordinance codified in this article and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this article would be subsequently declared invalid. (Ord. No. 2269, § 2, 2014.)

ARTICLE IV. EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE BAN

16.40 Purpose.

The purpose of this chapter is to establish standards and procedures for environmental waste and litter reduction measures, and promote environmentally sustainable practices throughout the city by prohibiting the use and sale of expanded polystyrene food service ware by food providers within the city and in city facilities, city-managed concessions, city-sponsored or co-sponsored events, city permitted events and all franchisees, contractors and vendors doing business with the city. (Ord. No. 2305, § 1, 2016.)

16.41 Definitions.

As used in this article, the following terms and phrases shall have the following meanings:

City Facilities. The term “city facilities” means any building, structure, or vehicle owned or operated by the city of South Pasadena, its agents, agencies, departments, and franchisees.

Customer. The word “customer” means anyone purchasing food or beverages from a restaurant or food provider.

Disposable Food Service Ware. The term “disposable food service ware” means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers. This does not include single-use disposable items such as straws, cup lids, or utensils, nor does it include single-use disposable packaging for unprepared foods.

Expanded Polystyrene. The term “expanded polystyrene” or “EPS” means polystyrene that has been expanded or “blown” using a gaseous blowing agent into a solid foam. EPS is sometimes called “Styrofoam,” a Dow Chemical Co. trademarked form of polystyrene foam insulation.

Food Packager. The term “food packager” means any person or entity, located within the city of South Pasadena, who places meat, eggs, baked products, or other food in disposable food service ware for the purpose of retail sale of those products.

Food Provider. The term “food provider” means any person or place that provides or sells prepared food within the city of South Pasadena to the general public to be consumed on the premises or for take-away consumption. Food provider includes but is not limited to (1) a grocery store, supermarket, restaurant, drive-through, cafe, coffee shop, snack shop, public food market, farmers’ market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. Food provider also includes any organization, group or individual that regularly provides prepared food to its members or to the general public as a part of its activities or services.

Nonprofit Food Provider. The term “nonprofit food provider” means a recognized tax exempt organization which provides food or beverage as a part of its services.

Polystyrene. The word “polystyrene” means and include expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

Polystyrene Food Packaging. The term “polystyrene food packaging” means any food packaging which contains polystyrene foam or oriented polystyrene.

Prepared Food. The term “prepared food” means any food or beverages which are served, packaged or are prepared on the retail vendor’s premises by cooking, chopping, baking, roasting, slicing, mixing, brewing, freezing, or squeezing. Prepared food may be eaten either on or off the retail vendor’s premises. For the purpose of this article, “prepared food” does not include raw, butchered, ground, chopped, or sliced meats, fish, and/or poultry sold from a butcher case or similar retail appliance for subsequent preparation.

Restaurant. The word “restaurant” means any establishment located within the city selling prepared food to be eaten on or about its premises by customers. “Restaurant” includes a sidewalk food vendor.

Retail Vendor. The term “retail vendor” means any store, shop, sales outlet, or other establishment which sells food packaging. (Ord. No. 2305, § 1, 2016.)

16.42 Prohibition of expanded polystyrene food service ware.

(a) No restaurant, retail vendor, food packager, retail food vendor, or nonprofit food provider shall provide prepared food to its customers in disposable food service ware made of expanded polystyrene; or purchase, obtain, keep, distribute, sell for home or personal use, or give, serve, or otherwise provide to customers any disposable food service ware made of expanded polystyrene.

(b) No food provider shall distribute or sell prepared food in any disposable food service ware made of EPS at any location within the city, unless it is wholly encapsulated or encased within a more durable material, as exempted in SPMC 16.43. This specifically includes, but is not limited to, cups, plates, bowls, clamshells and other products intended primarily for food service use, as well as coolers, containers and ice chests.

(c) No person shall distribute or sell prepared food in any disposable food service ware made of EPS at city facilities. This subsection is limited to use of city facilities for which a person has entered into an agreement with the city to rent, lease or otherwise occupy a city facility. All facility rental agreements for any city facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of disposable food service made of EPS while using city facilities. The facility rental agreement shall indicate that a violating contractor's security deposit will be forfeited if the city manager or his/her designee determines that disposable food service ware made of EPS was used in violation of the rental agreement.

(d) No person shall use or distribute disposable food service ware made of EPS at city-sponsored events, city-managed concessions or city meetings. This subsection shall apply to the function organizers, agents of the organizers, city contractors, food providers and any other person that enters into an agreement with one or more of the function sponsors to sell or distribute prepared food or otherwise provide a service related to the function.

(e) The city, its departments, and its city contractors, agents, and employees acting in their official capacity, shall not purchase or acquire disposable food service ware made of EPS, or distribute it for public use.

(f) All food providers required by this code to have a business license shall certify compliance with this chapter on the annual business license renewal application. (Ord. No. 2305, § 1, 2016.)

16.43 Exceptions.

(a) Food items which are packaged outside the boundaries of the city; provided, that such food is not altered, packaged or repackaged within the city limits, are exempt from the provisions of this chapter.

(b) The city manager or his/her designee may exempt any person from SPMC 16.42 following the operative date of the ordinance codified in this article, as follows:

(1) A request for an exemption shall be filed in writing with the city manager or his/her designee and shall include documentation of the reason for the requested exemption and any other information necessary for the city to make its decision. The city may require the applicant to provide additional information as necessary to make the required determinations. The city manager or his/her designee may approve an exemption request for a maximum of one year, with or without conditions, upon finding that compliance would create an undue hardship. Undue hardship shall be construed to include, but not be limited to, situations where there are no reasonable alternatives to disposable food service ware made of EPS for reasons that are unique to the applicant.

(2) The city manager’s written decision on the exemption is effective within 10 days of the decision. Decisions of the city manager may be appealed by the person applying for the exemption to the city council. Appeals shall be filed in writing with the city clerk within 10 days of the decision and shall be accompanied by a fee set by resolution of the city council. Notice of hearing shall be given to the applicant at least 10 days prior to the hearing. The city council shall make its decision within 60 days of receiving the appeal.

(c) Food packaging required to be purchased under a contract entered into one year prior to the effective date of this chapter is exempt from the provisions of this chapter. This exemption will apply up to one year from the effective date of this chapter.

(d) Food brought by individuals for personal consumption to city facilities, including but not limited to city parks, and centers; provided, that the city facility is being used for individual recreation or similar purposes and such facility use is not part of a larger organized event that is otherwise governed by SPMC 16.42(b) through (e).

(e) EPS coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter.

(f) The city manager or his/her designee may also determine to exempt from the requirements of this chapter the procurement of supplies or services in the event of a proclaimed emergency or when otherwise deemed necessary by the city manager for the immediate preservation of the public health, safety, or general welfare. (Ord. No. 2305, § 1, 2016.)

16.44 Enforcement.

(a) The city manager or his/her designee shall have primary responsibility for enforcement of this chapter. The city manager or his/her designee is authorized to establish regulations and administrative procedures and to take any and all other actions reasonable and necessary to obtain compliance with this chapter, including, but not limited to, inspecting any food provider’s premises to verify compliance in accordance with applicable law.

(b) Any person violating or failing to comply with any of the requirements of this chapter or of any regulation or administrative procedure authorized by it shall be guilty of an infraction.

(c) The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter and any regulation or administrative procedure authorized by it. The city may also enforce this chapter through the administrative citation procedure set forth in Chapter 1A SPMC.

(d) The remedies and penalties provided in this section and in Chapter 1A SPMC are cumulative and not exclusive of one another. (Ord. No. 2305, § 1, 2016.)

16.45 Violations.

Violations of this chapter shall be punishable as follows:

(a) For the first violation, the city manager or his/her designee, upon determination that a violation of this chapter has occurred, shall issue a written warning notice to the person or food provider which will specify the violation and the appropriate penalties in the event of future violations.

(b) Thereafter, the following schedule shall apply:

(1) A fine not exceeding $100.00 for the first violation following the issuance of a warning notice;

(2) A fine not exceeding $200.00 for the second violation following the issuance of a warning notice;

(3) A fine not exceeding $500.00 for the third and any subsequent violation that occurs following the issuance of a warning notice. Any violation of this chapter shall constitute sufficient grounds for the revocation, suspension, denial or nonrenewal of a business license issued by the city, held by the violator for the location at which the violation occurs. (Ord. No. 2305, § 1, 2016.)

16.46 Effective date.

(a) No food provider shall distribute or utilize disposable food service containers containing expanded polystyrene on or after one year following the November 16, 2016, date of adoption of the ordinance codified in this article by the city council.

(b) No city facilities, city-managed concessions, city-sponsored events or city-permitted events shall distribute or utilize disposable food service containers containing expanded polystyrene on or after the effective date of the ordinance codified in this article. (Ord. No. 2305, § 1, 2016.)

16.47 No conflict with federal and state law.

(a) Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(b) If any sentence, clause, or phrase of this article is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this article. The city council hereby declares that it would have adopted this article and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. (Ord. No. 2305, § 1, 2016.)

ARTICLE V. ORGANIC WASTE DISPOSAL

16.50 Requirements for single-family generators.

(a) Single-family organic waste generators shall comply with the following requirements:

(1) Shall subscribe to city’s organic waste collection services for all organic waste generated as described below. City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the city. Generators 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), except where limited by SPMC 16.5 and 16.13.

(2) Shall 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.

(A) Where a three-container collection service has been implemented consisting of a black/gray container, a green container, and a blue container, generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black/gray container waste in the black/gray container. Generators shall not place materials designated for the black/gray container into the green container or blue container.

(B) Where a two-container collection service has been implemented for source separated green container organic waste and mixed refuse/recyclable waste, generator shall place only source separated green container organic waste in a green container. Generator shall place all other materials (mixed refuse/recyclable waste) in a black/gray container. (Ord. No. 2359, § 3, 2021.)

16.51 Requirements for commercial businesses.

(a) Generators that are commercial businesses, including multifamily residential dwellings, shall:

(1) Subscribe to city’s three-container or two-container collection services and comply with requirements of those services as described below. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.

(2) Participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below.

(A) Where a three-container collection service has been implemented, consisting of a black/gray container, a green container, and a blue container, generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the black/gray container. Generator shall not place materials designated for the black/gray container into the green container or blue container.

(b) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (c)(1) and (c)(2) of this section) for employees, contractors, tenants, and customers, consistent with city’s blue container, where applicable, green container, and black/gray container collection service.

(c) Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials, where applicable, 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 city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to the color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(d) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (c) of this section pursuant to 14 CCR Section 18984.9(b).

(e) 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, and black/gray container collection service.

(f) Excluding multifamily residential dwellings, periodically inspect blue containers, where applicable, green containers, and black/gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(g) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials, where applicable.

(h) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials, where applicable, separate from black/gray container waste and the location of containers and the rules governing their use at each property.

(i) Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with SPMC 16.57 to confirm compliance with the requirements of this chapter.

(j) Accommodate and cooperate with city’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with subsection (c)(2) of this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, where applicable, green containers, and black/gray containers.

(k) At commercial business’s option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, where applicable, green containers, and black/gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and black/gray containers subject to written notification to or approval by the city or its designee.

(l) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c), except where limited by SPMC 16.5 and 16.13.

(m) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to SPMC 16.53. (Ord. No. 2359, § 3, 2021.)

16.52 Waivers for generators.

(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 below. 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 below.

(2) Provide documentation that either:

(A) The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’s total waste; or

(B) The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business’s total waste.

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

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

(b) Physical Space Waivers. 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 SPMC 16.51.

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 blue containers, where applicable, and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

(3) Provide written verification to city that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver. (Ord. No. 2359, § 3, 2021.)

16.53 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 of.

(2) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for:

(A) The collection of edible food for food recovery; or

(B) Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) Allow 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:

(A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

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

(i) The name, address and contact information of the food recovery service or food recovery organization.

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

(iii) The established frequency that food will be collected or self-hauled.

(iv) The quantity of food, measured in pounds, recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(6) No later than July 1st of each year commencing no later than July 1, 2022, for tier one commercial edible food generators and July 1, 2024, for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the information recorded as required in subsection (c)(5) of this section as well as the amount and type of edible food that was not accepted by food recovery organizations or services for donation.

(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. No. 2359, § 3, 2021.)

16.54 Requirements for food recovery organizations and services and regional agencies.

(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 shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

(d) 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 it is 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 July 1st.

(e) Food Recovery Capacity Planning.

(1) 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 request for information within 60 days, unless a shorter time frame is otherwise specified by the city. (Ord. No. 2359, § 3, 2021.)

16.55 Requirements for haulers and facility operators.

(a) Requirements for Haulers.

(1) Exclusive franchised haulers providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:

(A) Through written notice to the city annually on or before July 1st, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste, and mixed refuse/recyclable waste.

(B) Transport source separated recyclable materials, source separated green container organic waste, and mixed refuse/recyclable waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(C) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and SPMC 16.56.

(2) Exclusive franchised hauler authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with city.

(b) Requirements for Facility Operators and Community Composting Operations.

(1) 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 city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

(2) Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days. (Ord. No. 2359, § 3, 2021.)

16.56 Compliance with CALGreen recycling requirements.

(a) Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.

Project applicants shall refer to Chapter 9 SPMC for complete CALGreen requirements.

(b) For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city’s permit approval, comply with the following:

(1) Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the two-container or three-container collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New commercial construction or additions resulting in more than 30 percent of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container or two-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with city’s C&D ordinance, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. (Ord. No. 2359, § 3, 2021.)

16.57 Inspections and investigations by city.

(a) City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with SPMC 16.51(a)(2), city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to SPMC 16.51(j).

(b) Regulated entity 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 designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for:

(1) Access to an entity’s premises;

(2) Installation and operation of remote monitoring equipment; or

(3) Access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(c) Any records obtained by city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d) City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(e) 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. No. 2359, § 3, 2021.)

16.58 Enforcement.

(a) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the city manager or their designee or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine, as governed by Chapter 1A SPMC regarding administrative citations.

(b) Process for Enforcement.

(1) For incidences of prohibited container contaminants found in containers, city or its designee will issue a notice of violation and/or a notice of contamination to any generator 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 two days after determining that a violation has occurred. If the city or its assignee observes prohibited container contaminants in a generator’s containers on more than two consecutive occasions, beginning January 1, 2024, the city or its designee has the right to assess contamination processing fees or contamination service charges on the generator, per the current franchise hauler rate schedule. This contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a contamination service charge shall be adjudicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the hauler and the city to collect organic waste.

(2) Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1A SPMC (Administrative Citations). 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.

(1) For a first violation, the amount of the base penalty shall be $100.00 per violation.

(2) For a second violation, the amount of the base penalty shall be $200.00 per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation.

(d) Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that organic waste generator, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(e) Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, hauler, tier one or tier two commercial edible good generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed. (Ord. No. 2359, § 3, 2021.)

CHAPTER 16ORGANIC WASTE AND NONORGANIC WASTE*