CHAPTER 3
SOLID WASTE MANAGEMENT Revised 1/24
(Added by O-7; Amended by O-293; O-471; O-578; O-790; O-876; O-888; O-891; O-924; O-1065; O-1077; O-1082; O-1142; O-1216; O-1245)
43.1.1 DEFINITIONS.
(Amended by O-293; O-3355; O-3527)
The following words and phrases shall, for the purpose of this Chapter, have the meanings respectively ascribed to them in this Section:
a) Solid waste means refuse, garbage, rubbish, recyclables and compostables, and solid waste as defined in Section 40191 of the California Public Resources Code.
b) Refuse means garbage and rubbish.
c) Garbage means animal, fruit and vegetable refuse and offal.
d) Rubbish means combustible rubbish and non-combustible rubbish.
e) Combustible rubbish means paper, leaves, Christmas trees, chips, grass, pasteboard, carpets, clothing, magazines, books, straw, packing material, barrels, boxes, crates, rags and all other similar articles or materials, which will burn by contact with flames of ordinary temperature, which are rejected by the owner or producer thereof as worthless or useless.
f) Non-combustible rubbish means ashes, broken glass and crockery bottles, tin cans and containers, metals and all other similar articles or materials other than combustible rubbish or garbage, which are rejected by the owner or producer thereof as worthless or useless.
g) Recyclables or Compostables means paper, plastic, glass, metal, Christmas trees, grass clippings, leaves or any material determined by the City Manager or the City Manager’s designee as suitable for diversion or recycling and separated for diversion or recycling by the owner or producer thereof.
43.1.2 REFUSE COLLECTED OUTSIDE CITY.
(Amended by O-293)
No person shall dispose of any refuse within the City limits or transport any such refuse over any public highway, street, alley or place within the City, when such refuse has been collected outside of the City limits and in any manner brought to the exterior boundary lines thereof, except that such refuse may be transported over such highways, streets, alleys or places when destined for a point outside the City and transported in accordance with the provisions of this Article.
43.1.3 TRANSFER OF REFUSE.
No person shall load or unload any refuse from one vehicle to another or from a vehicle onto the ground or onto any building or structure thereon; provided, however, that the provisions of this Section shall not apply to the City, its agents, employees or contractees as to any refuse originating within the boundary lines of the City, nor shall it apply to any person or his contractor loading his own refuse onto a vehicle at the place where said refuse originated.
43.1.4 TRANSPORTATION OF GARBAGE.
(Amended by O-293; O-924)
No person shall transport or cause to be transported any garbage over any public highway, street, alley or place within the City, except in watertight truck bodies or trailers completely enclosed with metal, or in receptacles which are constructed of metal and have a tight-fitting metal cover.
43.1.5 TRANSPORTATION OF RUBBISH.
(Amended by O-924)
No person shall transport or cause to be transported any rubbish over any public highway, street, alley or place within the City, except in truck bodies or trailers which are completely enclosed or so equipped or constructed that rubbish may not spew therefrom upon the street, or in receptacles or containers so constructed as to prevent rubbish from being scattered by the wind.
43.1.6 PUBLIC DUMPING GROUNDS.
(Amended by O-3527)
The City Manager or the City Manager’s designee, with the approval of the City Council, may establish regulations governing the operation of any public dumping grounds operated by the City, and may fix fees for disposing of refuse thereat.
43.1.7 BURYING REFUSE.
(Amended by O-3527)
No person shall deposit or bury any refuse in the City unless it is leveled and covered, and written permission to do so has first been obtained from the health officer and the City Manager or the City Manager’s designee.
43.1.8 DUMPING OF REFUSE.
(Amended by O-471; O-578; O-3010)
No person shall dump, unload or otherwise dispose of any refuse on another person’s property, or in a trash container owned by or designated for the exclusive use of any other person; or located on the property of any other person, without the consent of that other person, nor shall any person dump, unload or otherwise dispose of any refuse on public property other than in dumping areas designated for such purpose by the owner thereof.
43.1.9 PERIOD OF ACCUMULATION LIMITED.
No person shall cause or permit garbage or combustible rubbish to accumulate at any place or premises under his charge or control for a period in excess of seven (7) days, or permit or allow non-combustible rubbish to accumulate thereat for a period in excess of thirty (30) days.
43.1.10 COMMON RECEPTACLES PROHIBITED.
(Amended by O-3527)
Each person accumulating or producing refuse shall provide their own receptacle for keeping, depositing or accumulating same, unless the receptacles are provided by the City or other authorized collector.
43.1.11 SCAVENGING PROHIBITED. Revised 1/24
(Added by O-3295; Amended by O-3527; O-3926)
a) It shall be unlawful for any person to interfere with the collection, conveyance or disposal of refuse, recyclable, or compostable materials by the City or any licensed, authorized, private collector.
b) No person, except the City or a licensed private collector authorized by the City, shall gather, collect, or transport refuse, recyclable, or compostable materials within the City and collect fees for such service.
c) It shall be unlawful for any person other than an officer or employee of the City, or the owner, or the employee of an authorized private collector to interfere in any manner with any residential or commercial solid waste containers, or the contents thereof, or to remove any residential or commercial solid waste container from the location where the same was placed by the owner thereof, or to remove the contents of any residential or commercial solid waste.
d) For purposes of this Section, the term "private collector" shall include the following types of persons, firms or corporations which collect, transport, or dispose of solid waste from the City specific to their type of business (such as landscapers and contractors) as listed in Section 43.6.040.
43.2.1 DEFINITIONS.
(Amended by O-1437; O-3391; O-3527)
a) Occupant means every owner, tenant, occupant, or person who is in possession of or who is the inhabitant of, or who has the care or control of an inhabited residence.
b) Residence means a single-family residence, a two-family residence, or one of two single-family residences on one lot, or a three-or four-unit apartment building provided the following circumstances are present:
1) The apartment building is located in a predominantly single-family or two-family area;
2) Not less than eighty-five percent of the dwellings on the same block are single-family or two-family dwellings; and
3) The apartment building is suitably built and/or located so that regulation City solid waste containers can be used effectively.
For the purpose of this Article, a residence shall be presumed inhabited if water service is being furnished thereto.
43.2.2 LIABILITY FOR SOLID WASTE COLLECTION FEES.
(Amended by O-1437; O-3527)
The City Council hereby finds and determines that the periodic collection of solid waste from all residences in the City benefits all occupants or residences in the City, and therefore, all such occupants are made liable for the payment to the City of such solid waste collection fees as may be from time to time established by resolution of the City Council.
43.2.3 COLLECTION FROM RESIDENCES ONLY
(Amended by O-3527)
The City Council hereby finds and determines that the City government is unable to provide adequate and economical periodic refuse collection service for industrial and commercial establishments, institutions, apartment houses and buildings, other than residences as defined in Section 43.2.1, and therefore further finds and determines that the periodic collection of solid waste by the City government will not benefit occupants of such places and premises except residences.
43.2.4 RIGHT TO CONTRACT.
(Amended by O-3527)
Notwithstanding the provisions of this Article, any occupant shall have the right to remove and dispose of or contract for the removal and disposal of their own solid waste as otherwise provided by law, but the exercise of such right shall not relieve such occupant from the obligation to pay the City the solid waste collection fee as provided in Section 43.2.2.
43.2.5 COLLECTION OF FEES.
(Amended by O-1437; O-3527)
a) All fees established by the provisions of this Article for the collection and disposal of solid waste shall be collected by adding the same to the water bills rendered to customers of the Torrance Municipal Water Department whenever it is possible to do so.
b) The fees for solid waste collection added to the water bills shall be for the period covered by such bills, and payable at the same time and in the same manner as such bills.
c) For the purpose of subsections (a) and (b) of this Section, the occupant shall be the person to whom the water bill is addressed.
d) Whenever it is not practicable to add the refuse fees to the water bills, the Director of Finance shall cause bills to be rendered for such fees in advance, which bills shall be due and payable in the same manner as prescribed for water bills in Chapter 6 of Division 7 of this Code.
e) Any fee imposed pursuant to this Article shall be a civil debt owing the City from the occupant of the residence where solid waste collection service is available.
43.2.6 DEPOSITS.
(Amended by O-1437; O-3527)
A deposit may be required of any occupant whenever, in the opinion of the Director of Finance, such deposit is necessary to insure prompt and satisfactory payment of solid waste collection fees. In the event that any occupant having to their credit a deposit for solid waste service shall, for any reason, discontinue such service, the deposit shall first be applied to any solid waste fees remaining unpaid and any remaining balance of the deposit shall be refunded.
43.2.7 USE OF RECEPTACLES.
(Amended by O-3527)
a) Each occupant shall place in the designated receptacle(s) all solid waste for collection by the City.
b) No occupant shall place any garbage in a receptacle for collection unless it is drained and wrapped in newspaper or placed in a paper or plastic bag.
43.2.8 SPECIFICATIONS FOR RECEPTACLES.
(Amended by O-471; O-1957; O-2525; O-2529; O-2541; O-3527)
a) Solid waste collected from residents as defined in Section 43.2.1 must be placed in receptacles provided by the City.
b) The weight of each receptacle, along with its contents, must not exceed the maximum weight allowed by the manufacturer of the receptacle.
43.2.9 PROHIBITED PLACEMENT OF RECEPTACLES.
(Amended by O-2541; O-3527)
a) No occupant shall place or cause to be placed for municipal collection any solid waste receptacles in any street or alley at any place or in any manner other than provided in this Article, or at any time other than on the days established by the City Manager for collection on the particular route or after 6:00 P.M. on the days immediately prior to such collection, or permit such receptacle to remain thereat for more than twelve (12) hours after it has been emptied.
b) In all cases where in the opinion of the City Manager, practical difficulty exists in complying with the requirements of this Article as to the placing of solid waste for collection, the City Manager or the City Manager’s designee shall designate where the same shall be placed or kept for collection and the conditions under which it shall be collected; provided, however, that they may refuse to have collected any materials or quantities which, in their opinion, are too large for collection.
c) The City Manager or the City Manager’s designee shall establish routes, days and hours for collection of solid waste and may change the same from time to time when, in the City Manager’s opinion, it becomes necessary or proper.
43.2.10 TIME OF COLLECTION.
(Amended by O-2541; O-3527)
a) The City Manager or the City Manager’s designee shall provide for and supervise the collection and removal of solid waste at least once each week from all residents in the City as defined in Section 43.2.1
b) The City Manager or the City Manager’s designee shall establish routes, day and hours for collection of solid waste and may change the same from time to time when, in the City Manager’s opinion, it becomes necessary and proper.
43.2.11 RULES AND REGULATIONS.
(Amended by O-2541; O-3527)
The City Manager shall make rules not inconsistent with the provision of this Chapter as may be necessary and proper to effect the collection and removal of solid waste from residences by the City.
43.2.12 DUTY TO COLLECT.
(Amended by O-2541; O-3527)
Except as provided in subsection (b) of Section 43.2.9, the City Manager shall collect and remove only that solid waste which has been placed for collection along a street or alley at the location and time as prescribed by the provisions of this Article, and which is contained in receptacles of the type or kind prescribed by the provisions of this Article and the Rules and Regulations issued thereunder.
43.2.13 DELEGATION OF AUTHORITY.
(Amended by O-2541; O-3527)
The City Manager may delegate any of the powers and duties conferred on the City Manager’s designee by this Article to any officer or employee of the City, but in such event the City Manager shall remain responsible for the proper performance thereof.
43.2.14 RECOVERY OF DELINQUENT SOLID WASTE COLLECTION FEES.
(Added by O-3745)
a) Failure to pay any and all solid waste collection fees established by resolution of the City Council that remain unpaid for a period of 60 or more days after the date upon which they were billed will result in collection of the delinquent fees pursuant to the authority contained in California Government Code Section 38790.1. The City will collect the delinquent fees in the manner described in California Government Code Section 25831. As prescribed in Section 25831, after notice and a public hearing, the unpaid delinquent solid waste collection fees will become liens on the property to which the solid waste collection services are provided and will be collected as a special assessment against the parcel, along with the property taxes.
43.3.1 DEFINITIONS.
The following words and phrases shall, for the purpose of this Article, have the meanings respectively ascribed to them in this Section:
a) Food shall include all articles used for food, drink, confectionery, or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.
b) Food Processing Establishment shall mean any room, building or place or portion thereof, maintained, used or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering or otherwise preparing or handling food.
43.3.2 GARBAGE GRINDERS REQUIRED.
Subject to the provisions of Section 43.3.5. of this Article, all buildings which are hereafter constructed, remodeled or altered and which are designed, equipped or used for residential purposes or as a food processing establishment, shall have garbage grinders installed therein; provided, however, that garbage grinders need not be installed in such buildings to dispose of packaged or canned foods which are not opened on the premises on which such building is located.
43.3.3 NUMBER OF GRINDERS REQUIRED.
In all such buildings which are designed, equipped or used for multiple family dwellings, subject, however, to the provisions of Section 43.3.5., a garbage grinder shall be installed in each residential unit thereof. In all other such buildings there shall be installed enough garbage grinders to grind all garbage and food processing wastes produced in such building.
43.3.4 LOCATION OF GRINDERS.
All garbage grinders which are hereafter installed shall be connected to the kitchen sink or sewer drain and so located as to discharge all ground material by flushing it with water through the drain pipe into the sewer.
43.3.5 EXCEPTION.
Garbage grinders shall not be installed in any such building where the City Engineer has determined that the sewer lines or cesspools servicing such building are inadequate to efficiently transport the material which would be expelled therein by such installation.
43.4.1 DEFINITIONS.
a) Whenever used in this Article, the word litter shall include garbage and refuse as defined in Section 43.1.1. of this Chapter, abandoned motor vehicles, junk, and all other waste materials which, if thrown or deposited as herein prohibited tends to create a danger to public health, safety and welfare. Newspapers placed on private property shall not be deemed to be litter provided they are deposited in such manner as to prevent their being carried away by the elements.
b) Whenever used in this Article, the words public street, park or place shall include any public street, sidewalk, curb, gutter, alley, parkway, park, place and any other public property.
43.4.2 DEPOSITING LITTER IN PUBLIC PLACES.
a) No person shall throw or deposit litter in or upon any public street, park or place within the City, unless such property is designated for such purpose by the City Council except in public receptacles and in such a manner that such litter will be prevented from being carried or deposited by the elements upon any part of any public street, park or place.
b) Where public receptacles are not provided, all such litter shall be carried away from the public street, park or place by the person responsible for its presence and properly disposed of elsewhere.
43.4.3 SWEEPING LITTER ONTO PUBLIC PROPERTY.
(Amended by O-1228; O-3531)
No person shall sweep or otherwise move any litter from private property into or onto any public street, park or place.
43.4.4 DUTY TO KEEP SIDEWALKS CLEAN.
Persons owning or occupying property shall keep the sidewalk, parkway, gutter and alley in front of or adjacent to the side or rear of their property free of litter.
43.4.5 MAINTAINING LITTER ON PRIVATE PROPERTY.
No person shall maintain, or cause or permit to be maintained any litter on any private property owned, occupied or maintained by such person except as may be designated therefor by the Director of Public Works of the City; provided, however, that this Section shall not apply to the ordinary accumulation of dirt and debris through the ordinary usage of a private residence and its premises or a private business or its premises; and provided further, this Section shall not prohibit the storage of refuse in receptacles authorized therefor by the Director of Public Works.
43.4.6 PLACEMENT OF LITTER IN RECEPTACLES.
Persons placing litter in private receptacles shall do so in such a manner as to prevent it from being carried away by the elements.
43.4.7 REFUSE RECEPTACLES; CONSTRUCTION.
(Added by O-3128; Amended by O-3267)
a) It shall be unlawful for any person to place, or cause to be placed, a refuse receptacle on public property, including any street, alley or right-of-way, for the private collection of refuse or debris resulting from any project of construction, remodeling, renovation or demolition except in compliance with the following regulations:
1) The landowner or contractor conducting the construction, remodeling, renovation or demolition, or the person owning the refuse receptacle, shall have obtained from the Engineering Department a permit for the placement of such refuse receptacle, which permit application shall clearly show:
A) The name and address of the owner of the property being constructed, remodeled, renovated or demolished;
B) The name and address of the owner of the person, firm or corporation conducting the construction, remodeling, renovation or demolition;
C) The name and address of the person, firm or corporation which owns the refuse receptacle;
D) The date the construction, remodeling, renovation or demolition is to start;
E) The size and configuration of the refuse receptacle;
F) The exact location where the refuse receptacle is to be placed.
2) The permit shall be issued for a period not to exceed sixty (60) days, but may be renewed two (2) times, not to exceed sixty (60) days each time, if the City Engineer shall find:
A) The construction, remodeling, renovation or demolition is not completed, and work has been proceeding diligently; and
B) The continued presence of the refuse receptacle will not cause unusual damage to the street, alley or other public property or have a deleterious effect on adjacent property; and
C) A new permit fee and inspection fee have been paid, and the deposit for cleanup remains in effect.
3) A permit fee and an inspection fee shall be posted with the City Engineer in sums to be fixed by resolution of the City Council from time to time. A deposit or a bond in the amount of Two Hundred Dollars ($200.00) to assure cleanup and repair of the public street upon removal of the said refuse receptacle shall also be posted with the City Engineer.
4) The refuse receptacle shall be safely and securely blocked and shall be placed in such a position as to cause the least amount of damage to public property, interference with traffic, interference with sight distances of drivers and pedestrians; and shall not be placed so as to impede surface water runoff to storm drains, or interfere with access to fire hydrants, traffic-control boxes, manhole covers, and other installations.
5) The refuse receptacle shall be equipped with reflectors, lights or other devices for warning approaching traffic of its location.
b) If at the conclusion of the time period for which a permit, as provided in a) above, has been granted, the refuse receptacle is not removed from the public property, the City may remove or cause to be removed such refuse receptacle and impound it. The cost of such impounding shall be charged to the person, firm or corporation in whose name the permit is issued.
ARTICLE 5 - REMOVAL OF ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES OR PARTS THEREOF ON PUBLIC OR PRIVATE PROPERTY
(Added by O-2206)
43.5.1 SUPPLEMENTS OTHER CODES AND STATUTES.
This Article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.
43.5.2 ADMINISTERED BY CITY MANAGER.
Except as otherwise provided herein, the provisions of this Article shall be administered and enforced by the City Manager or other regularly salaried, full time employee of the City designated by him, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.
43.5.3 DEFINITION OF TERMS.
a) The term vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
b) The term highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes streets.
c) The term public property does not include highway.
43.5.4 EXCLUSION FROM ARTICLE.
a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junk yard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Article.
c) A vehicle or part thereof which is located behind a solid fence six (6) feet in height or which is not visible from a highway.
d) A camper body in operative condition.
e) A trailer in such condition as to be legally used on a highway.
f) Nothing in this Section shall regulate the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Article.
43.5.5 MISDEMEANOR.
It shall be unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any public or private property, not including highways, within the City after fifteen (15) days written notice to the owner thereof by the City Manager or his representative to remove such abandoned, wrecked, dismantled or inoperative vehicles from public or private property.
43.5.6 ABATEMENT PROCEEDINGS; PUBLIC HEARING.
A public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located.
43.5.7 NOTICE OF HEARING.
Notice of such hearing shall be mailed by the City Manager at least twenty (20) days before the hearing by certified mail, with a five (5) day return requested. The notice shall inform the owner of land and vehicle that the purpose of the hearing is to abate and remove the vehicle or parts thereof as a public nuisance. The owner of land and vehicle shall be informed in the notice that he may appear in person or by counsel or by an agent or may present a sworn written statement denying responsibility for the presence of the vehicle or parts thereof on the land with his reasons for such denial, in lieu of appearing. The notice shall be served on the person or be mailed by registered mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned by the United States Post Office undelivered the hearing date shall be continued ten (10) days.
43.5.8 NOTICE OF HEARING TO CALIFORNIA HIGHWAY PATROL.
Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least twenty (20) days prior to the public hearing.
43.5.9 HEARING BEFORE THE ENVIRONMENTAL QUALITY COMMISSION.
(Amended by O-2411)
a) All hearings under this Article shall be held before the Environmental Quality Commission which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof, the ownership thereof and the circumstances concerning its location on the said public or private property. The Environmental Quality Commission shall not be limited by the technical rules of evidence.
b) The owner of the land on which the vehicle is located may appear in person or by an attorney or agent at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle or parts thereof on the land, with the reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence then no costs of removal or administration shall be assessed against the property upon which the vehicle or parts thereof is located or otherwise attempt to collect such cost from such owner.
c) The Environmental Quality Commission may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Article. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Environmental Quality Commission may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on public or private property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located, or against the owner of the abandoned, wrecked, dismantled or inoperative vehicle. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.
43.5.10 NOTICE OF ORDER REQUIRING REMOVAL.
(Amended by O-2411)
a) Notice of the order of the Environmental Quality Commission with a copy of the order attached thereto shall within ten (10) days of the hearing be served personally or mailed to the owner of the land and vehicle in the manner provided for Notice of Hearing in Section 43.5.7. hereof.
b) If an interested party makes a written presentation to the Environmental Quality Commission but does not appear, he shall be notified in writing of the decision.
43.5.11 RIGHT OF APPEAL.
(Amended by O-2411; O-2822)
The decision of the Environmental Quality Commission may be appealed pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.
43.5.12 DISPOSAL OF VEHICLES.
(Amended by O-2411)
Twenty (20) days after notice of the order by the Environmental Quality Commission declaring the vehicle or parts thereof to be a public nuisance, and at least ten (10) days from the date of mailing of notice of the decision as provided in Section 43.5.10. hereof, or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard or any suitable site operated by the City for processing of scrap or other final disposition. The City may operate such a disposal site when the City Council determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or the City may transfer such vehicle or parts to another provided such disposal shall be only as scrap. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.
43.5.13 ENTRY UPON PRIVATE PROPERTY.
Any person authorized by the City Manager to administer the provisions of this Chapter may enter upon private property for the purpose specified in this Chapter to examine vehicle or parts thereof, obtain information as to the identity of vehicle and to remove or cause removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Chapter.
43.5.14 REMOVAL OF VEHICLES BY AUTHORIZED PERSON.
When the City Council has contracted with or granted a franchise or contract to any person or persons, such person or persons shall be authorized to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Article.
43.5.15 COSTS OF REMOVAL.
(Amended by O-2411)
The Environmental Quality Commission or, if an appeal is taken under Section 43.5.11. hereof, the City Council may assess costs of administration and removal of the vehicle against the property upon which the vehicle or part thereof was located.
43.5.16 ADMINISTRATIVE COSTS.
The administrative costs of removal of any vehicle or part thereof is hereby fixed at twenty (20) percent of the cost of removal.
43.5.17 NOTICE TO DEPARTMENT OF MOTOR VEHICLES.
Within five (5) days after the date of removal of the vehicles or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including but not limited to registration certificates, certificates of title and license plates.
43.5.18 COSTS TO BE ASSESSED AGAINST OWNER OF LAND.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Sections 43.5.15. and 43.5.16. are not paid within thirty (30) days of the date of the order, or final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Sections 38773.5 and 25845 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes.
43.5.19 DISPOSITION OF MONEY.
Should the money received from the sale of the vehicle or parts thereof be in excess of the cost of removal and administrative costs then the excess thereof shall be forwarded to the Department of Motor Vehicles for disposition as provided in Section 22707 of the Vehicle Code.
ARTICLE 6 - COMMERCIAL AND MULTI-FAMILY SOLID WASTE COLLECTION AND REPORTING Revised 1/24
(Added by O-3355; Amended by O-3379; O-3454; O-3527; O-3552; O-3789; O-3898; O-3926)
43.6.010 MANDATORY ARRANGEMENTS FOR SOLID WASTE COLLECTION AND REMOVAL.
The owner or occupant of each commercial and multi-family property is required to make arrangements for the regular removal of all solid waste, including organic waste and recycling, generated on such premises. No owner or occupant of commercial or multi-family premises shall employ another, other than the holder of a license issued pursuant to section 33.15.030, to collect solid waste, organic waste, or recyclables generated on the premises.
43.6.020 MANDATORY ARRANGEMENTS FOR LARGE ITEM PICKUP – MULTIFAMILY PROPERTIES.
The owner, manager, or association in charge of each multi-family property is required to make arrangements for the pickup of large items that are discarded on the premises on an as-needed basis. If a large item pickup service is required in excess of that included in the basic service level described in section 43.7.010, the owner, manager, or association in charge of the premises shall be responsible for the associated service charges imposed by the authorized hauler.
43.6.030 EXCLUSIVE RIGHTS OF THE CITY; CITY RESPONSIBILITY.
The City maintains exclusive authority to manage and regulate solid waste, including but not limited to regulations regarding the storage, collection, transportation, processing, and disposal of solid waste. Such authority includes the right to determine the methods by which such regulation occurs, for example, through contract, permit, license, or another method, as outlined in 33.15.030 of this code. No person, firm, or corporation is authorized to collect such solid waste, organics, or recyclables without authorization or permission from the City. Bins or containers of unlicensed haulers (other than self-haulers) shall be immediately confiscated by the Public Works Department. Public Works staff are authorized to go onto private property to confiscate the bins or containers of unlicensed haulers. The confiscated bins or containers shall immediately become the property of the City.
43.6.040 REPORTING REQUIREMENTS.
Pursuant to the authority contained in the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 – 49620) each person, firm, or corporation that collects, transports, or disposes of solid waste, including C&D debris, from the City of Torrance must render quarterly reports of such collection, transportation, disposal and related information to the Public Works Director or their designee, and shall pay a fee calculated to recover the reasonable costs of administering the California Integrated Waste Management Act. The quarterly reports shall include, but not be limited to, the following:
a) Tonnage and Gross Revenue Reports
1) The hauler shall report the number of tons of solid waste and recyclable material collected from the City in the calendar quarter immediately preceding the reporting date.
2) The amount of gross revenues derived from such solid waste or recycling collection, transportation, or disposal and any and all other information requested by the City to comply with requirements of related to the California Integrated Waste Management Act.
b) Contamination Minimization Records
1) The hauler shall provide a description of the process of determining the level of container contamination.
2) A copy of documentation of route reviews and/or waste evaluations conducted.
3) Copies of all notices issued to generators with prohibited container contaminants, and a list of those generators that have been noticed.
4) Documentation of the number of containers where the contents were disposed of due to observation of prohibited container contaminants.
5) A sum of any subsequent site visits with customers, including who received the site visit, the date of the site visit, the reason for the site visit, and the outcome of the site visit.
c) Education and Outreach Records
1) The hauler shall provide copies of all education and outreach materials, messages, and postings.
2) The date to whom the information was disseminated, or direct contact made.
3) For distribution solely through electronic media, a copy with dates posted of social media posts, emails, or other electronic messages.
4) If using a designee, the hauler shall provide a copy of the materials distributed by the designee.
d) Edible Food Recovery
1) A list of all Tier 1 and Tier 2 food generators serviced by the hauler.
2) A list of Tier 1 and Tier 2 food generators that have a contract or written agreement with food recovery organizations or services.
43.6.050 PAYMENT OF QUARTERLY FEE.
Not later than 1 month following the end of each calendar quarter, except as provided in Section 43.6.060, each person, firm, or corporation collecting, transporting, or disposing of solid waste within the City shall pay to the City of Torrance a fee based on the gross revenues received from the collection, transportation or disposal of solid waste collected within the City. The fee shall be set by resolution of the City Council from time to time. The fee shall be sufficient to recoup the costs of implementing and administering the California Integrated Waste Management Act of 1989.
43.6.060 FAILURE TO REMIT FEES & SATISFY DIVERSIONARY GOALS; PENALTIES & INTEREST.
a) The fees are due 30 days after the quarter’s end. If payment is not received by the due date, a penalty of 10% and interest of 0.5% will be applied. An additional penalty of 0.5% interest will be applied each month thereafter until the payment is received.
b) Each hauler shall pay a penalty as follows for failure to meet the stated diversion percentage:
1) If 40% or greater but less than the applicable required diversion percentage, a penalty of $10.00 per ton of the recycling shortfall tonnage.
2) If 30% or greater but less than 40% of the required diversion percentage, a penalty of $20.00 per ton of the recycling shortfall tonnage.
3) If 20% or greater but less than 30% of the required diversion percentage, a penalty of $30.00 per ton of the recycling shortfall tonnage.
4) If less than 20% of the required diversion percentage, a penalty of $40.00 per ton of the recycling shortfall tonnage.
c) The penalties under this section shall accrue per diem for the required reporting period and shall not exceed $1,000.00 per day or $90,000 in the aggregate.
43.6.070 EXEMPTIONS.
The following classes of persons, firms, or corporations that collect, transport, or dispose of solid waste from the City shall be exempted from the requirement to file quarterly reports, or to pay the California Integrated Waste Management Act fee:
a) Landscapers: Any person, firm, or corporation that performs landscaping functions, and therefore collects, transports, or disposes of solid waste as an incident to the landscaping. Landscapers include such job descriptions as tree trimmers, yard cleanup, and residential or commercial gardeners.
b) Junk Dealers: Any person, firm, or corporation that goes from house to house or business to business buying or collecting small quantities of solid waste such as scrap metal, batteries, or salvageable building materials.
c) Miscellaneous Contractors: Any person, firm, or corporation that performs construction, remodeling, or renovation work, and collects, transports, and disposes of solid waste in its own vehicles as an incident to the construction, remodeling, or renovation.
d) City employees in the course of their work, or contractors working under contract with the City.
e) Any other person, firm, or corporation which, upon application, is able to demonstrate to the reasonable satisfaction of the Director of Public Works that such person, firm, or corporation is entitled to an exception from the reporting or payment requirements imposed by the California Integrated Waste Management Act.
If any of the above classes qualify as a self-hauler under Section 43.9.010, they still must comply with the reporting requirements set forth in Article 9 of Chapter 3 of Division 4.
43.6.080 AUDITING OF RECORDS.
The City Manager, or the City Manager’s designee, may, from time to time, audit the books and records of each person, or corporation collecting, transporting, or disposing of solid waste or recyclable materials within the City to assure compliance with the California Integrated Waste Management Act of 1989, and this Chapter.
43.6.090 EQUAL ACCESS PROVISION.
The Mandatory Commercial Recycling Act (Public Resources Code Section 42649.2) requires that all multifamily units of 5 or more must have a recycling program as defined therein. This will also apply to all 3 and 4 multifamily units in the City to assure equal access to recycling programs under this requirement. Any waste management or recycling requirement that the City must adhere to shall apply equally to all residents, businesses, and others if not fully included in the language, but included in the intent of the law, policy, or regulation that must be administered.
43.7.010 WASTE DIVERSION, RECYCLING AND GRAFFITI. Revised 1/24
(Amended by O-3789; O-3898; O-3926)
a) Each person, firm, or corporation engaged in the collection of solid waste within the boundary limits of the City of Torrance (hereinafter referred to as "waste hauler") must meet or exceed the City’s requirements of the Source Reduction and Recycling Element (SRRE) with respect to the solid waste it collects within the City, including but not limited to compliance with the requirements set forth in the California Integrated Waste Management Act of 1989 (AB 939), Mandatory Commercial Recycling (AB 341, 2011), Mandatory Commercial Organics Recycling (AB 1826, 2014), Short-Lived Climate Pollutant Reduction Act (SB 1383, 2016), or any source reduction programs including recycling, composting, special waste, education and public information programs instituted by the City. In furtherance of those requirements, each waste hauler must defend, indemnify, and hold harmless the City, the City Council, and all members of boards and commissions against any fines or penalties imposed by the State of California in the event that (1) the goals of AB 939, AB 341, AB 1826, SB 1383 or other applicable legislation are not met by the City with respect to the quantity of the solid waste collected and the percentage of diversion attained by that waste hauler, or (2) that the waste hauler has delayed in providing information which prevents the City from submitting reports in a timely manner required by AB 939, AB 341, AB 1826, SB 1383 or other applicable legislation, or (3) the waste hauler does not put forth a good faith effort in meeting or exceeding the established goals and criteria of AB 939, AB 341, AB 1826, SB 1383 or other applicable legislation as may be amended from time to time, the programs detailed in the City’s SRRE, or other provisions of the Torrance Municipal Code which may cause or result in potential liability being incurred by the City.
b) Each waste hauler must comply with the following solid waste diversion schedule. The City will have the discretion to reduce or amend the provisions of this section should the State of California and/or other legislative body reduce, relax, or amend the requirements of AB 939 and/or those requirements imposed by other applicable legislation:
1) Year 1998 diversion – 30%;
2) Year 1999 diversion – 40%;
3) Year 2000 diversion and continuing diversion – 50%.
c) Each waste hauler must not commingle solid waste collected from outside the City with that collected within the City. In the event such a practice is not practical for that waste hauler, the waste hauler must establish an accounting system subject to the reasonable satisfaction of the City to ensure accurate measurement of solid waste collected outside the City and solid waste collected within the City limits when submitting the quarterly reports required by Section 43.6.040.
d) Should a waste hauler fail to comply with the recycling provisions set forth in this Code, the City reserves the right to require that a solid waste characterization study be performed on the non-complying hauler’s waste stream. Should the City require such a waste characterization study to be performed, it will be performed by an independent firm designated by the City and the expense of such study and any related administrative expenses from the City will be solely borne by the waste hauler. In the event the City makes the determination that an independent waste characterization study is warranted, the City will set and approve any and all procedures and/or minimum specifications relative to the conducting of the study.
e) Each waste hauler must defend, indemnify and hold the City, the City Council, each member thereof and all officers, employees, and agents of the City, and all members of boards and commissions from and against any and all fines, losses, penalties, claims, damages, liabilities or judgments, including attorneys’ fees arising from or attributable to any repair, clean up or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan concerning any hazardous substance in any solid waste collected, sorted, stored or disposed of resulting in a release of a hazardous substance into the environment which may arise as a result of waste collected within the City by the waste hauler. This indemnity is intended to operate as an agreement pursuant to Section 107(3) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., and California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify the City from all forms of liability under CERCLA, other statutes or common law for any and all matters addressed in this Section and will be limited to the extent of the City’s liability. This provision will survive the expiration of the period during which collection services are provided. The CERCLA liability provisions required under this Section will be applicable to all solid waste and recyclable materials a waste hauler may dispose of during the period in which collection services are provided. The City will have the discretion to require each waste hauler to pay into a CERCLA indemnification fund to assist in defending the City against CERCLA liability. If so directed, the funds exacted for CERCLA indemnification will be set by resolution of the City Council and will be deposited into a special CERCLA Defense Fund. The Director of Finance is hereby authorized under this Section to establish the appropriate accounting procedures in accordance with the provisions set forth in this Chapter. Funds deposited into this special fund, together with any accrued interest thereon, will be used and applied to protect and indemnify the City against any claims which may arise. The City may from time-to-time loan or advance such funds available in the CERCLA Defense Fund account into other special accounts necessary to protect and defend the City against potential liability. The funds deposited under this Section will remain with the City during the entire period for which liabilities may be incurred. Liability established under this Section will be specific to the quantity of solid waste a waste hauler may have disposed of either in the present or the past at a specified landfill or other depository establishment falling under the context or purviews of CERCLA as may be amended from time to time. Nothing contained within the context of this Section or ordinance will prevent, limit, or otherwise alter the City’s alternatives to the extent allowable by law.
f) Each waste hauler, or any other person, firm, or corporation, who provides containers for solid waste storage at various places of business, industry, or residential units from which they collect, must maintain such solid waste containers free from graffiti. Each solid waste container that shows graffiti must be repainted, cleaned, or replaced within 7 days of the first discovery or reporting of the graffiti.
g) Each waste hauler must provide on-call large item pickup service for each multi-family premises that it serves. The hauler must make a minimum number of large item pickups available to each multi-family premises at no additional charge (i.e., as an included component of its basic service) each year. The minimum number of large item pickups to be provided at no charge is equal to one per quarter and includes up to 20 items at no additional cost. Additional pickups/items may be made subject to an additional charge to be negotiated between the hauler and the customer. Large item pickups must be completed on the next scheduled collection day from when a customer requests such service. There shall be no size or weight restrictions with respect to large items except that the hauler shall not be required to remove any items that may not be safely handled by two persons. Additionally, items in the parkway or alley adjacent to the property address reported by the City must be collected by the hauler within 24 hours.
h) The waste hauler must, at no additional charge, collect, transport, and cause to be recycled all holiday trees from the serviced account during the period beginning on December 26 and ending on the third Saturday in January.
i) Failure to comply with the requirements of this article may constitute grounds for license denial, suspension, or revocation pursuant to Article 9, Chapter 1, Division 3 of this code.
ARTICLE 8 - WASTE REDUCTION AND RECYCLING REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION PROJECTS
(Added by O-3805)
43.8.1 DEFINITIONS.
For the purposes of this Article, the following definitions apply:
a) "Addition" means an extension or increase in floor area of an existing building or structure.
b) "Administrative penalty" means any penalty or fine assessed to an applicant.
c) "Alteration" or "alter" means any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.
d) "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever that applies to the City for the applicable permits or approvals to undertake construction, demolition, or renovation projects within the City.
e) "Certified facility program" means a program wherein a recycling/reuse facility has been pre-approved by the City or other applicable agency to provide a minimum diversion percentage for all processed loads.
f) "Construction" means the building or improvement of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
g) "Construction and demolition debris" ("C&D debris") means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, residential or commercial building or other structure.
h) "Conversion factor" means the value set forth in the standardized volume-to-weight conversion table approved by the City for use in estimating the volume or weight of materials identified in a Waste Management Plan.
i) "Covered project" means any project included in the recycling requirements as defined by the California Green Building Code.
j) "Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.
k) "Demolitions" means the razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
l) "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility.
m) "Diversion requirement" means redirection from the waste stream of a percentage of the total C&D debris generated by a project via reuse or recycling as defined and required by the California Green Building Code.
n) "Project" means any activity that requires an application for a building permit, demolition permit, or any similar permit from the City.
o) "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning 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.
p) "Renovation" means any change, addition or modification in an existing structure.
q) "Reuse" means further or repeated use of materials in their original form.
r) "Salvage" means the controlled removal of C&D debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.
s) "Total costs" means the total construction value of the project using standard commercial and residential valuation formulas.
t) "Waste Management Plan" ("WMP") means a completed WMP form, approved by the City for the purpose of compliance with this Article, submitted by an applicant for any covered project.
u) "WMP Compliance Official" ("Official") means the designated City employee(s) authorized and responsible for implementing this Article.
43.8.2 THRESHOLD FOR COVERED PROJECTS.
a) Covered projects are as defined by the California Green Building Code.
b) Exception for Public Health or Safety. WMP approval will not be required when the City determines that an emergency demolition is required to protect public health or safety.
43.8.3 SUBMITTAL, REVIEW, AND COMPLIANCE WITH A WASTE MANAGEMENT PLAN.
a) Documentation. Prior to the issuance of a certificate of occupancy for any covered project, the applicant must submit documentation that it has met the diversion requirement for the project to the Official. This documentation must include the following:
1) Receipts or reports from all disposal and diversion facilities and/or vendors that received material showing the type and weight of the received material, whether the material was landfilled or deconstructed, reused and/or recycled; and
2) Any additional information that the applicant believes is relevant to determining its efforts to comply with this Article; and
3) If the City creates a certified facility program, documentation that a certified facility was used for disposal/recycling for a project will achieve compliance with the requirements of this Article.
b) Weighing of C&D Debris. An applicant must make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris must be weighed by measurement on scales. Scales must be in compliance with all regulatory requirements for accuracy and maintenance as set forth by the State of California Bureau of Weights and Measures. For C&D debris for which weighing is not practical due to its small size or to other considerations as determined by the Official, a volumetric measurement will be used. For conversion of volumetric measurements to weight, the applicant must use the standardized conversion rates approved by the City for this purpose.
c) Determination of Compliance. The Official will review the information submitted by the applicant and determine whether the applicant has complied with the diversion requirement as follows:
1) Full Compliance. If the Official determines that the applicant has fully complied with the diversion requirement applicable to the project, such compliance will be indicated on the WMP.
2) Noncompliance; Administrative Penalty. If the Official determines that the applicant has not complied with this Article, or the applicant fails to submit the documentation required, then the applicant will be assessed an administrative penalty. The amount of the penalty assessed will be Ten Thousand Dollars ($10,000.00) for demolition projects and Five Thousand Dollars ($5,000.00) for construction and remodeling projects. A project that includes demolition in addition to construction or remodeling will be subject to the demolition penalty amount.
43.8.4 INFEASIBILITY EXEMPTION.
a) Application. If an application for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the WMP is submitted. An applicant applying for an exemption must indicate on the WMP the specific circumstances that make it infeasible to comply with the diversion requirement.
b) Meeting with the Official. The Official will review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement.
c) Granting of Exemption. The Official will issue an infeasibility exemption if the following findings are made:
1) Circumstances exist which are unique to the project such that compliance with the provisions of this Article would create an unusual burden on the project which is different than that of similarly situated projects; or
2) That diversion of one (1) or more substances involved in the project presents unique and burdensome obstacles and would create an especially onerous economic burden on the project unless diversion of that substance is reduced or eliminated.
If the Official is able to make one (1) or more of the above findings for a project, the Official may excuse the project from compliance with this Article, or determine the maximum feasible reduced diversion rate for each material and indicate this rate on the WMP submitted by the applicant.
d) Denial of Exemption. If the Official determines that it is possible for the applicant to meet the diversion requirement, the Official will so inform the applicant in writing. The applicant will have thirty (30) days to resubmit a WMP. If the applicant fails to resubmit the WMP, or to meet the WMP requirements, the Official will find for noncompliance in accordance with Section 43.8.3.
43.8.5 APPEAL.
a) The determination of the Official may be appealed to the Public Works Director or his/her designee upon written request of any applicant. An applicant must file the appeal within fifteen (15) days after the rendering of the original decision. The date of the rendering of the original decision will be determined in accordance with Section 11.6.1. The decision of the Public Works Director or his/her designee will be final.
b) The notice of appeal of the decision of the Official must contain the following information in addition to the information given by the applicant thereon or reasonably required by the City Clerk therefor:
1) The name, address, and telephone number of the applicant; and
2) The type of action requested; and
3) The date on which said decision was made and the name of the Official taking such action; and
4) The grounds on which the appeal is taken.
c) The fee for filing an appeal will be charged as provided by resolution of the City Council.
ARTICLE 9 - MANDATORY ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE
(Added by O-3898)
43.9.010 DEFINITIONS.
"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 non-organic recyclable materials as defined in 14 CCR Section 18982(a)(43), or source separated blue container organic recyclable materials. The blue container is where either (1) the lid of the container is blue in color, or (2) the body of the container is blue in color and the lid is either blue, gray or black in color. Hardware such as hinges or wheels on a blue container may be any color.
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Article are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR).
"C&D" means construction and demolition debris as defined in Section 43.8.1(g).
"City enforcement official" means the City Manager, County Administrative Official, Chief Operating Officer, Executive Director, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing the ordinance. See also "Regional or County agency enforcement official."
"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 (5) units is not a commercial business for purposes of implementing this Article.
"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators 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 (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).
"Compliance review" means a review of records by the City to determine compliance with this Article.
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Article, 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 a City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Article as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Article 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 Article 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 non-compliance with this Article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City 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. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the jurisdiction’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by jurisdiction or its designee for collection services.
"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.
"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1) A food bank as defined in Section 113783 of the Health and Safety Code;
2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this Article 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 Article.
"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 Article and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Gray container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste. Gray container means a container where either (1) the lid of the container is gray or black in color, or (2) the body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware on the container such as hinges and wheels on a gray container may be any color.
"Gray container waste" means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
"Green container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste. The green container means a container where either (1) the lid of the container is green, or (2) the body of the container is green in color and the lid is green, gray or black in color. Hardware such as hinges and wheels on a green container may be any color.
"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 route" means the designated itinerary or sequence of stops for each segment of the jurisdiction’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 fifty percent (50%) between January 1, 2022, and December 31, 2024, and seventy-five percent (75%) 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 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 Article, 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 two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Article.
"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Article 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 Article and implementation of 14 CCR Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) 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 Article.
"Mixed waste organic collection stream" or "mixed waste" means organic waste collected in a container that is required by 14 CCR Section 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 (5) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"MWELO" refers to the model water efficient landscape ordinance (MWELO), 23 CCR Division 2, Chapter 2.7.
"Non-compostable 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).
"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
"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 originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
"Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Prohibited container contaminants" means:
1) Three (3) container or three (3) plus container collection service (blue container, green container, and gray containers): "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 jurisdiction’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 jurisdiction’s green container; (C) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in jurisdiction’s green container and/or blue container; and (D) excluded waste placed in any container.
2) Two (2) container (green/gray) collection service for source separated green container organic waste and mixed materials: "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 jurisdiction’s green container; (B) discarded materials placed in the gray container that are identified as acceptable source separated green container organic waste, which are to be separately collected in jurisdiction’s green container; and (C) excluded waste placed in any container.
3) Two (2) container (blue/gray) collection service for source separated recyclable materials and mixed materials: "Prohibited container contaminants" means the following: (A) discarded materials placed in a blue container that are not identified as acceptable source separated recyclable materials for jurisdiction’s blue container; (B) discarded materials placed in the gray container that are identified as acceptable source separated recyclable materials, which are to be separately collected in jurisdiction’s blue container; and (C) excluded waste placed in any container.
4) One (1) container collection service: "Prohibited container contaminants" means excluded waste placed in any container.
"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
"Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
"Regional agency" means 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 the ordinance in conjunction or consultation with City enforcement official.
"Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Residential" has the same meaning as residence as defined in Section 43.2.1(b).
"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 Article, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR Division 7, Chapter 12 and amended portions of regulations of 14 and 27 CCR.
"Self-hauler" means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Single-family" has the same meaning as residence as defined in Section 43.2.1(b).
"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 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Article, source separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed 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 non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by 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, non-compostable paper, and textiles.
"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.
"State" means the State of California.
"Supermarket" means a full-line, self-service retail store with gross annual sales of Two Million Dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or non-food 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 (1) of the following:
1) Supermarket.
2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3) Food service provider.
4) Food distributor.
5) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Article.
"Tier two commercial edible food generator" means a commercial edible food generator that is one (1) of the following:
1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2) Hotel with an on-site food facility and two hundred (200) or more rooms.
3) Health facility with an on-site food facility and one hundred (100) or more beds.
4) Large venue.
5) Large event.
6) A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Article.
"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).
43.9.020 REQUIREMENTS FOR RESIDENTIAL GENERATORS.
Residential organic waste generators shall comply with the following requirements:
a) Shall subscribe to the City’s organic waste collection services for all organic waste generated. 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 residential generators shall adjust its service level for its 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).
b) 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.
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 gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
43.9.030 REQUIREMENTS FOR COMMERCIAL BUSINESSES
Generators that are commercial businesses, including multifamily residential dwellings, shall
a) Subscribe to a collection service provided by an authorized hauler, except for commercial businesses that meet the self-hauler requirements in Section 43.9.080. The collection service must be in compliance with a three (3), three (3) plus, two (2), or one (1) container collection service that meets the requirements of 14 CCR. 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.
b) Except commercial businesses that meet the self-hauler requirements in Section 43.9.080, participate in a collection service(s) provided by their subscribed authorized hauler by placing designated materials in designated containers as determined by the authorized hauler and in compliance with the requirements of 14 CCR.
c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (2) of this Section) for employees, contractors, tenants, and customers, consistent with their subscribed collection service by an authorized hauler or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 43.9.080.
d) Excluding multifamily residential dwellings, provide containers for the collection of separated wastes commensurate with their collection service by an authorized hauler 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 subscribed collection service provided by an authorized hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
e) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (d) of this Section pursuant to 14 CCR Section 18984.9(b)
f) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with the commercial business’s subscribed collection service by an authorized dealer or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 43.9.080.
g) Excluding multifamily residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
h) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of materials into the appropriate container.
i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to separate materials based on the containers provided by the subscribed collection service by an authorized hauler, and the location of containers and the rules governing their use at each property.
j) Provide or arrange access for City or its agent to their properties during all inspections conducted in accordance with Section 43.9.120 to confirm compliance with the requirements of this Article.
k) Accommodate and cooperate with City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants to evaluate generator’s compliance. The remote monitoring program shall involve installation of remote monitoring equipment on or in containers. The program may be implemented at a later date.
l) 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 containers for the purpose of monitoring the contents to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the containers subject to written notification to or approval by the City or its designee.
m) If a commercial business wants to self-haul, meet the self-hauler requirements in Section 43.9.080.
n) 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).
o) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 43.9.050.
43.9.040 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 Article if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (a)(2) of this Section. Commercial businesses requesting a de minimis waiver shall:
1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (a)(2) of this Section.
2) Provide documentation that either:
A) The commercial business’s total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business’s total waste; or
B) The commercial business’s total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business’s total waste.
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 (5) years, if City has approved the de minimis waiver.
b) Physical Space Waivers. The City may waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 43.9.030.
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 from the hauler, licensed architect, or licensed engineer that the premises lacks adequate space for the number of containers required for the subscribed collection service.
3) Provide written verification to the City that it is still eligible for the physical space waiver every five (5) years, if the City has approved the application for a physical space waiver.
43.9.050 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.
c) Commercial edible food generators shall comply with the following requirements:
1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (A) the collection of edible food for food recovery; or (B) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4) Allow 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).
C) A record of the following information for each of those food recovery services or food recovery organizations:
i) The name, address and contact information of the food recovery service or food recovery organization.
ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii) The established frequency that food will be collected or self-hauled.
iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
6) No later than April 1st of each year commencing no later than April 1, 2023, for tier one commercial edible food generators and April 1, 2025, for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information for the previous year:
A) Annual quantity of food collected, or self-hauled to a food recovery service or food recovery organization for food recovery.
B) The date(s) of collection and/or self-haul to a food recovery service or food recovery organization for food recovery.
d) Nothing in this Article 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).
43.9.060 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES.
a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2) The quantity in pounds of edible food collected from each commercial edible food generator per month.
3) The quantity in pounds of edible food transported to each food recovery organization per month.
4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2) The quantity in pounds of edible food received from each commercial edible food generator per month.
3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
c) 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 (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April 1st of each year.
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, or 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 sixty (60) days, unless a shorter time frame is otherwise specified by the City.
43.9.070 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS.
a) Requirements for Haulers.
1) Haulers providing 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 January 1st of each year, identify the facilities to which they will transport organic waste generated within the City, including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste.
B) Transport source separated recyclable materials, source separated green container organic waste, and mixed 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 authorization 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, Section 43.9.080, and City’s C&D ordinance.
2) Authorized haulers who collect organic waste in the City shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its permit, license, or other agreement entered into with the City.
b) Requirements for Facility Operators and Community Composting Operations.
1) Owners of facilities, operations, and activities that recover organic waste generated from the City, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon City 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 sixty (60) days.
2) Community composting operators, upon City’s 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 sixty (60) days.
43.9.080 SELF-HAULER REQUIREMENTS.
a) Self-haulers shall source separate all recyclable materials and organic waste (materials that City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
b) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
c) Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information:
1) Delivery receipts and weight tickets from the entity accepting the waste.
2) The amount of material in cubic yards or tons transported by the generator to each entity.
3) If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
d) Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection (c) of this Section to City if requested.
43.9.090 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 (CALGreen), as amended, if their project is covered by the scope of CALGreen or by 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.
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 (5) 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 a three (3), three (3) plus, or two (2) container collection program, 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 thirty percent (30%) of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with a three (3), three (3) plus, or two (2) container collection program, 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 in Division 4 of the Torrance Municipal Code, Division 9 of the Torrance Municipal Code, and any other written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
43.9.100 MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS.
a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this Section.
b) The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this Article. Other requirements of the MWELO are in effect and can be found in 23 CCR Division 2, Chapter 2.7.
c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (a) of this Section shall:
1) Comply with Sections 492.6(a)(3)(B), (C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
A) For landscape installations, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.
B) For landscape installations, a minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
C) Organic mulch materials made from recycled or postconsumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled postconsumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this section shall consult the full MWELO for all requirements.
d) If, after the adoption of the ordinance codified in this Article, the California Department of Water Resources, or its successor agency, amends 23 CCR Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015, requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR Division 2, Chapter 2.7 shall be enforced.
43.9.110 PROCUREMENT REQUIREMENTS FOR CITY DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS.
a) City departments, and direct service providers to the City, as applicable, must comply with the City’s resolution regarding procurement of recycled products (Resolution No. 2002-42) adopted on April 23, 2002.
b) All vendors providing paper products and printing and writing paper shall:
1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.
2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 C.F.R. 260.12.
3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 C.F.R. 260.12 (2013).
5) Provide records to the City’s recovered organic waste product procurement recordkeeping designee, in accordance with the City’s recycled-content paper procurement policy(ies), of all paper products and printing and writing paper purchases within thirty (30) days of the purchase (both recycled content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (b)(3) and (4) of this Section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled-content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
43.9.120 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 Article by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Section 43.9.030(b), the 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 this Article.
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 Article 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 Article and may result in penalties described.
c) Any records obtained by a 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 Article, subject to applicable laws.
e) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
43.9.130 ENFORCEMENT.
a) Violation of any provision of this Article shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City enforcement official or representative. Enforcement actions under this Article are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article and any rule or regulation adopted pursuant to this Article, except as otherwise indicated in this Article.
b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
c) Responsible Entity for Enforcement.
1) Enforcement pursuant to this Article may be undertaken by the City enforcement official, which may be the City Manager or their designated entity, City Attorney, or combination thereof.
2) Enforcement may also be undertaken by a regional or County agency enforcement official, designated by the City, in consultation with the City enforcement official.
A) City enforcement official(s), and/or regional or County agency enforcement official will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met.
B) City enforcement official(s) and/or regional or County agency enforcement official may issue notices of violation(s).
d) Process for Enforcement.
1) City enforcement officials or regional or County enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 43.9.120 establishes City’s right to conduct inspections and investigations.
2) City may issue an official notification to notify regulated entities of its obligations under this Article.
3) Contamination Processing Fees/Penalties. For incidences of prohibited container contaminants found in containers, city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided immediately upon identification of the prohibited container contaminants or within seven (7) days after determining that a violation has occurred. If the City observes prohibited container contaminants in a generator’s containers on consecutive occasion(s), the City may assess contamination processing fees or contamination penalties on the generator.
4) With the exception of violations of generator contamination of container contents addressed under subsection (d)(3) of this Section, City shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
5) 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.
6) 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.
e) Penalty Amounts for Types of Violations.
1) For a first violation, the amount of the base penalty shall be Fifty Dollars ($50.00) to One Hundred Dollars ($100.00) per violation.
2) For a second violation, the amount of the base penalty shall be One Hundred Dollars ($100.00) to Two Hundred Dollars ($200.00) per violation.
3) For a third or subsequent violation, the amount of the base penalty shall be Two Hundred Fifty Dollars ($250.00) to Five Hundred Dollars ($500.00) per violation.
f) Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
1) The nature, circumstances, and severity of the violation(s).
2) The violator’s ability to pay.
3) The willfulness of the violator’s misconduct.
4) Whether the violator took measures to avoid or mitigate violations of this Chapter.
5) Evidence of any economic benefit resulting from the violation(s).
6) The deterrent effect of the penalty on the violator.
7) Whether the violation(s) were due to conditions outside the control of the violator.
g) Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2) Delays in obtaining discretionary permits or other government agency approvals; or
3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
h) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in the City’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.
i) Education Period for Non-Compliance. 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, self-hauler, 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 Article and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
j) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this Article, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this Section, as needed.