Chapter 6-3 GARBAGE, RECYCLABLE MATERIALS, AND ORGANIC WASTE

The City, in making adequate provision in this article of this chapter for the handling of solid waste, is doing so as a subdivision of the State and after being authorized and required to do so as a part of the State’s comprehensive program for solid waste management and resource recovery and for the preservation, health, safety, and well-being of the public. The Municipal Code provisions regarding solid waste handling, and the actions of the City pursuant to those provisions, are intended to implement State policy and to provide for the City’s continuing authorized evaluation, planning, and supervision in the area.

The reduction of solid waste landfilling through waste prevention, reuse, recycling, and composting, is a Statewide mandate (California Integrated Waste Management Act of 1989). In addition, reduction of solid waste is a key component of meeting the Statewide climate protection mandate (California Global Warming Solutions Act of 2006). Furthermore, AB 341, the Jobs and Recycling Act of 2011, and AB 1826, the Mandatory Commercial Organics Recycling Act of 2014, require businesses and multifamily property owners to arrange for recycling and organics services. Additionally, SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, seeks to reduce organics in landfills, as a means to reduce methane emissions and to increase edible food recovery to reduce human food insecurity. To that end, the State of California’s Department of Resources Recycling and Recovery (CalRecycle) developed regulations that place requirements on multiple entities, many of which are contained herein. Therefore, in order to protect the public peace, health, safety, and general welfare, to reduce the solid waste stream, to reduce methane emissions from landfills, and to comply with state regulations, the City deems it necessary to regulate the separation, collection, disposal, and recovery of recyclable materials, organic waste, and other solid waste as set forth in this chapter.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-02 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Act” means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 (Wiggins, SB 1016)), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

(b) “Authorized recycling contractor” shall mean and include a person or any other entity authorized under and by virtue of a contract with the City of Turlock to collect recyclable material in the City.

(c) “Bidding” shall mean a selection process used to choose a contractor or franchisee. Such process shall not necessarily involve the award of a contract or franchise to the lowest bidder but may be based on other additional criteria established by the Council.

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

(e) “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 chapter.

(f) “Commercial edible food generator” includes a tier 1 or a tier 2 commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74).

(g) “Compost” means the product resulting from the managed and controlled biological decomposition of organic solid waste that is source separated from the municipal solid waste stream, or which is separated at a centralized facility.

(h) “Compost container” has the same meaning as “green container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste designated for the compost container, including food waste, landscape, and pruning waste accepted in the City’s organic waste collection program, and other organic materials as determined by the City as acceptable for the compost container.

(i) “Container” shall mean and include bin, box, cart, and receptacle.

(j) “Designated recycling collection location” shall mean and include the place designated in the contract between the City and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable waste material.

(k) “Designee” means a person or entity that the City Manager or Municipal Services Director designates, contracts with or otherwise arranges to carry out any of the jurisdiction’s responsibilities of this chapter authorized in 14 CCR Section 18981.2. A designee may be a government employee or entity, a private entity, or a combination of those entities.

(l) “Disposal charge” shall mean the cost for removal and disposal of waste and industrial refuse service.

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

(n) “Electronic waste” (E-waste) shall mean computers, CRTs, monitors, copiers, fax machines, printers, televisions, and other electronic items.

(o) “Enforcement action” means an action of the relevant Enforcement Officer to address noncompliance with this chapter including, but not limited to, issuing abatement notices, administrative citations, fines, penalties, or using other remedies as authorized by TMC Title 1.

(p) “Enforcement Officer” means a person or entity the Municipal Services Manager designates to enforce part or all of this chapter. Enforcement Officers may carry out inspections and enforcement activities pursuant to this chapter. The City of Turlock has enforcement responsibility for all sections of this chapter. The City may choose to additionally delegate Enforcement Officer responsibility for certain sections, to other public entities. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the City.

(q) “Excluded waste” means hazardous substances, hazardous waste, infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from Turlock and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including land use restrictions or conditions, including but not limited to: waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in the reasonable opinion of Turlock or its designee would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Turlock or its designee to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources Code. Excluded waste does not include used motor oil and filters, or other materials defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or the franchised collector providing service to the generator.

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

(s) “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.

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

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

(v) “Food service provider” is a tier 1 commercial edible food generator and means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

(w) “Food waste” means food scraps and food-soiled paper.

(x) “Franchised collector” means such persons, firms or corporations collecting and delivering for disposal, recycling or processing, garbage, recyclable materials or organic waste (other than solid waste generated by a permitted building project) originating in the City and doing so under a franchise agreement with the City.

(y) “Garbage” means those elements of the solid waste stream designated for the “garbage container,” and excludes hazardous waste, excluded waste, materials designated for the “compost container” or “recycling container,” or materials which have been separated for reuse.

(z) “Garbage container” has the same meaning as “gray container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of garbage.

(aa) “Generator” means a person or entity that is responsible for the initial creation of garbage, organic waste, or recyclable materials.

(bb) “Grocery store” is a tier 1 commercial edible food generator and means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

(cc) “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 (50%) percent between January 1, 2022, and December 31, 2024, and seventy-five (75%) percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).

(dd) “Industrial refuse” shall mean refuse produced by a person principally engaged in the business of growing, processing, or manufacturing agricultural, animal, or other products or materials whose principal outlet for such products is wholesale rather than retail; is collected by a licensee from a container whose volume equals or exceeds ten (10) cubic yards; and refuse produced by any person engaged in the business of building construction or demolition.

(ee) “Inspection” means a site visit where an Enforcement Officer reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35)

(ff) “License” shall mean a City of Turlock business license, or other such license as required by the City Council.

(gg) “Multifamily residential dwelling” or “multifamily” means for the purpose of implementing this chapter, of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises are considered a distinct type of commercial business for the purposes of implementing SB 1383 requirements. Consistent with SB 1383 regulations, residential premises that consist of fewer than five (5) units are not “multifamily” and instead are “single-family” for the purposes of implementing this chapter. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses that are not multifamily residential dwellings.

(hh) “Municipal Services Director” shall mean the Director of the Department responsible for the implementation of the requirements of this chapter.

(ii) “Organic waste” means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food scraps, food-soiled paper, landscape and pruning waste, organic textiles and organic carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Organic waste does not include compostable plastic.

(jj) “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).

(kk) “Person” shall mean and include any individual, firm, co-partnership, corporation, company, association, joint-stock association, or body politic group, or combination, and the plural as well as the singular; and includes any trustee, receiver, assignee, or other similar representative thereof.

(ll) “Premises” means any real property or estate which may be devised or granted by deed.

(mm) “Prohibited container contaminants” includes all of the following: (1) materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the City’s recycling container; (2) materials placed in the compost container that are not identified as acceptable source separated organic waste for the city’s compost container; (3) materials placed in the garbage container that are acceptable source separated recyclable materials and/or acceptable source separated organic waste that can be placed in the City’s compost container and/or recycling container; and (4) excluded waste placed in any container.

(nn) “Property owner” means the owner of real property.

(oo) “Recycling” shall mean and include the process of collecting and converting recyclable waste material by reprocessing or other such remanufacturing.

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

(qq) “SB 1383” means Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016.

(rr) “SB 1383 regulations” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR Division 7, Chapter 12 and amended portions of regulations of 14 and 27 CCR.

(ss) “Self-hauler” means a generator who transports its own solid waste by using a vehicle owned by that generator and driven by the generator or the generator’s employees, rather than the franchised collector. Self-hauler also includes a person or entity who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

(tt) “Single-family” means of, from, or pertaining to any residential premises with fewer than five (5) units for the purposes of implementing this chapter.

(uu) “Solid waste” shall mean household waste, construction and demolition debris, sanitation residue, and waste from streets. This refuse is generated mainly from residential and commercial complexes.

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

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

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

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

(ww) “Source separated” means materials that have been kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

(xx) “Source separated organic waste” means those organics that can be placed in a compost container including food scraps, food-soiled paper, landscaping and pruning waste, and any other items as determined by the City.

(yy) “Source separated recyclable materials” means the same thing as “recyclable materials” and includes those recyclable materials that can be placed in the recycling container including, but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, cardboard, and any other items as determined by the City.

(zz) “Special waste” means a waste which is a hazardous waste only because it contains an inorganic substance or substances which cause it to pose a chronic toxicity hazard to human health or the environment and which meets all of the criteria and requirements of 22 CCR Section 66261.122 and has been classified a special waste pursuant to 22 CCR Section 66261.124.

(aaa) “Supermarket” is a tier 1 commercial edible food generator and means a full-line, self-service retail store with gross annual sales of Two Million and no/100ths ($2,000,000.00) Dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

(bbb) “Tier 1 commercial edible food generator” means a commercial edible food generator that is one (1) of the following:

(1) Supermarkets with gross annual sales of Two Million and no/100ths ($2,000,000.00) Dollars or more, or as defined in 14 CCR Section 18982(a)(71).

(2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet, as defined in 14 CCR Section 18982(a)(30).

(3) Food service provider which means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

(4) Wholesale food vendor which means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, and prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).

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

(ccc) “Tier 2 commercial edible food generator” means a commercial edible food generator that is one (1) of the following:

(1) Restaurant which means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64) and which has two hundred fifty (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 or as otherwise defined in 14 CCR Section 18982(a)(74)(B).

(3) Health facility with an on-site food facility and one hundred (100) or more beds, or as otherwise defined in 14 CCR Section 18982(a)(73)(C).

(4) Large venue, which means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility, or as otherwise defined in 14 CCR Section 18982(a)(39). For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue.

(5) Large event, as defined in 14 CCR Section 18982(a)(38), means an event that serves an average of more than two thousand (2,000) individuals per day of operation of the event and either: (i) charges an admission price; or (ii) is operated by a local agency.

(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, which means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40), and which has an on-site food facility.

(ddd) “Universal waste” (U-waste) shall mean hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous waste. Some items considered as universal waste include: mercury thermostats, batteries, lamps, non-aerosol cans, mercury switches, mercury thermometers, pressure or vacuum gauges, dilators and weighted tubing, rubber flooring, consumer electronic devices, cathode ray tubes, and various gauges.

(eee) “User disposal containers” are containers inside a business for the collection of source separated organic waste, source separated recyclables and garbage for employees, contractors, tenants, customers, and other users of the business.

(1288-CS, Rep&ReEn, 02/10/2022)

Article 1. Collection Charges

6-3-101 Fees and charges.

The City Council may, by resolution or an approved contract with the franchised collector, place a limit on the rates, fees and charges for solid waste collection, including those for garbage container and bin, recycling container and bin, and organics container and bin collection. The franchised collector shall not impose any rate, charge, or fee that is greater than the maximum permitted.

(1306-CS, Amended, 07/27/2023; 1289-CS, Amended, 02/22/2022; 1288-CS, Rep&ReEn, 02/10/2022)

6-3-102 Disputes.

In all cases where disputes arise as to the rate charged or to be charged for any service provided pursuant to the provisions of this article or any contract entered into by the City for the collection of waste, the matter shall be referred to the Council, and the Council, upon due investigation, shall determine and fix the rate as the Council may deem just and equitable. The determination of the Council thereon in all cases shall be final and conclusive.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-103 Unauthorized dumping on City or private property prohibited.

(a) No person shall dump, deposit, place, cause, or assist in the dumping, depositing, or placing, upon City of Turlock property, or any portion thereof, or in any City of Turlock garbage, compost or recycling container, any garbage or industrial refuse, organic waste, or recyclable materials as those terms are commonly known, used, or defined in this chapter.

(b) No person shall dump, deposit or place, or cause or assist in the dumping, depositing, or placing, upon any private property, or any portion thereof, or in any garbage, organic container, other than the one (1) issued or assigned for their personal use, any waste or industrial refuse, as those terms are commonly known, used or defined in this chapter.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-104 Mandatory subscription to services and payment of collection charges.

(a) Every single-family premises or commercial business (throughout this chapter, commercial business includes multifamily residential dwellings of five (5) or more units, unless otherwise excluded) in the City shall be required to subscribe with the franchised collector(s) for garbage container, recycling container, and compost container collection; comply with the relevant sections of this chapter, State law, and local ordinances; and to pay for the collection and disposal of such containers, regardless of whether such owner elects to use such service, unless the commercial business owner receives a waiver as provided in this chapter or material is self-hauled per the self-hauler requirements in this chapter. Subscription to such required service does not preclude commercial businesses from self-hauling their own waste in their own vehicles if they meet the self-haul requirements noted in this chapter.

(b) Nothing in this article shall limit the right of an individual person, organization, or other entity to donate, sell, or otherwise dispose of recyclables waste material; provided, that any such disposal is in accordance with the provisions of this article.

(c) Billing and payment. Accounts for garbage, organic waste, and recyclable materials collection shall be billed by service date in conjunction with billing for sewer and water services and shall be due and payable in the City of Turlock Finance Office by the due date shown on the utility bill.

(d) Nonpayment of collection charges. In the event of nonpayment of the charges for the collection and disposal of garbage, organic waste, and recyclable materials as provided in this article, the following procedures and penalties shall apply:

(1) If payment for any charges shown on utility bill are not received by the City of Turlock Finance Office by 5:00 p.m. on the fifth day following the due date (including applicable penalties), the customer’s account shall be charged a delinquency penalty of Twenty-Five and no/100ths ($25.00) Dollars on the sixth day.

(2) Notice. A written notice of delinquency shall be sent by the Finance Office to any customer whose account remains delinquent. The written notice to be mailed or delivered to the customer shall notify him that the service is subject to termination and/or delinquent charges will be submitted for collection. Such notice shall contain the information to avoid such action. The City of Turlock shall give notice of the delinquency and impending termination pursuant to Section 10010 of the Public Utilities Code.

(3) If payment of said billing is not received by the City of Turlock Finance Office, or other arrangements are not made, by 5:00 p.m. on the fifth day following the due date (including applicable penalties), service may be terminated or submitted for collection; provided, that notice was given pursuant to Section 10010 of the Public Utilities Code and that termination of services for nonpayment of billing shall not occur on any Saturday, Sunday, legal holiday, or at any time during which the business office of the City of Turlock is not open to the public.

(e) Wrongful termination. Any wrongfully terminated service shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the billing address.

(f) Third party notification service for residential customers. The City of Turlock shall make available to its residential customers who are sixty-five (65) years of age or older, or who are dependent adults as defined in California Welfare and Institutions Code Section 15610, a third party notification service whereby the City of Turlock shall attempt to notify a person designated by the customer to receive notification when the customer’s account is delinquent and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third party notification on a form provided by the City of Turlock and shall include a written consent of the designated third party. The third-party designation does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.

(g) Nonpayment of collection charges by previous residential tenant.

(1) The City of Turlock shall not seek to recover any charges or penalties for the furnishing of service to or for a residential tenant from any subsequent tenant on account of nonpayment of charges by the previous tenant.

(2) The City of Turlock shall require that service to subsequent tenants be furnished on the account of the landlord or property owner when an unpaid bill has been left by the previous tenant.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-105 Vacancy exception to subscription.

(a) Notwithstanding TMC 6-3-104(a), the owner of a vacant single-family unit which is vacant for more than sixty (60) days and will therefore not utilize collection services may suspend their payment obligation for collection services by signing an affidavit under penalty of perjury that such single-family unit is vacant. The vacancy affidavit will be valid for not more than one (1) year and must be renewed annually. Failure to renew the vacancy affidavit will cause the account to resume billing at the minimum regular residential service level.

(b) Any property owner who exercises the affidavit procedure of subsection (a) of this section shall promise and have the responsibility to give notice to hauler within five (5) calendar days that a vacancy no longer exists and thereafter shall pay for resumption of such collection services as provided in TMC 6-3-104(a).

(c) Any property owner who fails to give notice required by subsection (b) of this section and by affidavit shall be fined as follows:

(1) Have added to their service bill as a penalty the amount for collection services from the date reflected in the affidavit;

(2) Pay a fine for failure to give notice in accordance with this subsection (c) in the amount of Two Hundred and no/100ths ($200.00) Dollars.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-106 Deposits.

Monies collected for waste disposal shall be deposited in the general fund. For the “Residential-64” and “Residential-96” service, forty-one (41%) percent of the amount over the “Residential-32” regular rate will be deposited into the solid waste education and management fund.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-107 Garbage, compost, and recycling containers.

Every person in possession of, or having the charge or control of, any single-family premises or commercial business (commercial business includes multifamily premises of five (5) units and above throughout this chapter) within the City shall keep and maintain appropriate waste collection containers as provided by the contractor.

Garbage containers, compost containers, and recycling containers shall be kept and maintained in an accessible place at the rear of single-family premises and immediately adjoining the alley for commercial businesses, or at the rear, if there is no alley. Such person shall deposit in the appropriate container the garbage, source separated recyclable materials, and source separated organic waste accumulated upon the premises. All such containers shall be placed in a location easily accessible to the collection service for pickup and disposal.

Except as expressly authorized by this chapter, no person other than the City or its franchised contractor may place a container, including debris boxes, within the City for the collection of garbage, recyclable materials, or organic waste, and no person may use a container, not provided by the franchised collector for garbage, recyclable materials, or organic waste, unless the person is the owner of a business in the City, using their own container, with their own vehicle to self-haul, and meets the requirements for self-haulers in this chapter.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-108 Containers, participation and separation required by all generators.

Generators subject to the requirements of the Act shall fully comply with all applicable requirements of the Act. All commercial businesses shall adhere to any/all applicable laws mandated by the State of California with regard to proper disposal and recycling requirements, such as, but not limited to, mandatory commercial recycling pursuant to Section 42649 of the Public Resources Code and mandatory organics recycling pursuant to AB 1826 and SB 1383 of 2016.

(a) Generators, including single-family, multifamily, and commercial businesses, except those that meet self-hauler requirements set forth in this chapter or commercial businesses that obtain a waiver pursuant to requirements in this chapter, shall:

(1) Maintain for such residence or business separate garbage, compost, and recycling containers, supplied by the franchised collector. Generators shall arrange for a sufficient number of such containers to adequately store all garbage, source separated recyclable materials, and source separated organic waste generated in connection with the residence or business between the times designated for collection. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter. Generators may manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws.

(2) Participate in the collection services provided by the City’s franchised collector(s), by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers. Generators shall place source separated organic waste, including food waste, in the compost container; source separated recyclable materials in the recycling container; and garbage container waste (garbage) in the garbage container. Generators shall not place materials designated for the garbage container in the compost container or the recycling container.

(3) Place garbage containers, recycling containers, and compost containers on the curb on the day specified for collection, unless a waiver has been granted by the Municipal Services Director pursuant to this chapter. Containers shall be placed in front of the premises in a location reasonably convenient for semiautomated or automated collection. The only exception would be if generator has reached an agreement with franchised collector for an alternative collection location.

(4) Maintain garbage containers, recycling containers, and compost containers in a sanitary condition at all times. Any bulky material must be reduced in size so that it may be placed in the appropriate container not overflowing and with the cover tightly closed and without excessive tamping, so that the container may be easily emptied.

(5) The gross weight of any one (1) compost container shall not be in excess of one hundred fifty (150) pounds. The maximum length of any item placed in a compost container shall be four (4') feet.

(6) No person shall tamper with, modify, remove from, or deposit solid waste in any container which has not been provided for their use without the permission of the container owner.

(7) It shall be the responsibility of the single-family resident or commercial business whose garbage container, compost container, or recycling container was not removed because it contained prohibited materials to properly separate those materials and place them in their designated containers. Allowing unseparated garbage, recyclable materials, or organic waste to accumulate will be considered a public nuisance with enforcement against the responsible person or the property owner. Pursuant to the agreement between the City and the franchise collector, contamination could also be subject to an administrative contamination processing fee or noncollection of the container.

(b) In addition to the requirements in subsection (a) of this section, commercial businesses shall also:

(1) Commercial business owners, including multifamily, shall provide or arrange for garbage container, compost container, and recycling container collection service for employees, contractors, tenants, and customers, and supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors as noted in subsections (b)(2)(i) and (ii) of this section; or, if self-hauling, in compliance with self-hauling requirements set forth in this chapter.

(2) Commercial businesses that are not multifamily residential dwellings shall provide containers for the collection of source separated organic waste and source separated recyclable materials in all areas where the commercial business provides disposal containers for employees, contractors, tenants, customers, and other users of the premises (“user disposal containers”). Such user disposal containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of user disposal container, then the business does not have to provide that particular type of container in all areas where user disposal containers are provided. Pursuant to 14 CCR Section 18984.9(b), the user disposal containers provided by the business shall have either:

(i) A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage container waste, blue containers for source separated recyclable materials, and green containers for compost containers. Notwithstanding the foregoing, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or

(ii) Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. The container labeling requirements are required on new containers commencing January 1, 2022.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-109 Commercial education and outreach requirements.

All commercial business owners are required to:

(a) Excluding multifamily residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the recycling container, compost container, and garbage container collection service.

(b) Excluding multifamily residential dwellings, periodically inspect recycling containers, compost containers, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

(c) Including multifamily residential dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials. A copy of such instructions shall be provided to the Municipal Services Director or designee, upon request.

(d) Including multifamily residential dwellings, provide information before or within fourteen (14) days of new occupation of the premises to new tenants and no less than fourteen (14) days before tenants move out of the premises, unless a tenant does not provide fourteen (14) or more days’ notice before moving out, that describes requirements to keep compost container organic waste and recyclable materials separate from each other and from garbage container waste, as well as the location of containers and the rules governing their use at the premises.

(e) Including multifamily residential dwellings, prominently post and maintain one (1) or more signs where recyclable materials and/or organic waste are collected and/or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-110 Waivers for commercial businesses.

(a) De minimis waivers. The Municipal Services Director or designee may waive a commercial business’s obligation to comply with some or all of the organic waste and recycling collection service requirements of this chapter, if documentation is provided demonstrating that the commercial business generates below a certain amount of organic waste material, (de minimis) as described below.

A commercial business requesting a de minimis waiver shall:

(1) Submit an application to the Municipal Services Director or designee specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the City. Applicants are subject to one (1) or more site inspection(s) prior to approval of a waiver.

(2) Provide documentation with the de minimis waiver application that either:

(i) 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 recycling container or compost container comprises less than twenty (20) gallons per week per applicable container of the business’s total waste; or

(ii) The commercial business’s total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a recycling container or compost container comprises less than ten (10) gallons per week per applicable container of the business’s total waste.

(3) For the purposes of subsections (a)(2)(i) and (ii) of this section, total solid waste shall be the sum of weekly garbage container waste, source separated recyclable materials, and source separated compost container organic waste measured in cubic yards.

(4) If the de minimis waiver is granted, notify the Municipal Services Director or designee granting the waiver if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded.

(5) If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the Municipal Services Director or designee every five (5) years.

(b) Physical space waivers. The Municipal Services Director or designee may waive a commercial business’s obligation to comply with some or all of the organic waste collection service requirements of this chapter if the Municipal Services Director or designee has evidence from a licensed contractor, licensed architect, licensed engineer, or other person authorized by the Municipal Services Director or designee demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements set forth in this chapter.

A commercial business requesting a physical space waiver shall:

(1) Submit an application to Municipal Services Director or designee specifying the service or requirements for which it is requesting a waiver.

(2) Provide documentation with the application for a physical space waiver that the premises lacks adequate space for recycling containers and/or compost containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other person authorized by the designee.

(3) If the waiver is granted, commercial business shall notify the Municipal Services Director or designee granting the waiver if the commercial business’s physical space configurations or amounts of solid waste generation change, in which case the waiver may be rescinded.

(4) If the waiver is granted, commercial business shall provide written verification to the Municipal Services Director or designee of continued eligibility for a physical space waiver every five (5) years.

(c) Change of ownership of a premises automatically revokes a waiver and the new owner must comply with this chapter or obtain its own waiver.

(d) Upon the determination of the Municipal Services Director or designee, a written notification of the approval or denial of a waiver shall be issued to the applicant.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-111 Increased service requirements.

(a) If more than three (3) instances of contamination occur during a twelve (12) month period in the recycling container, compost container, or garbage container, the service will automatically be upgraded to the next larger level of service needed for that type of material.

(b) If contamination continues when the customer is at the largest garbage container, compost container, and recycling container service level, the cart contamination fee will be enforced for each occurrence of contamination.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-112 Collection and disposal: Maintenance of service.

The City through its franchised collector shall maintain or provide for organic waste collection service, including garbage container, recyclable materials container and organics container collection, which, at intervals no less than four (4) times per month, shall remove and dispose of all such containerized materials from every lot, parcel, or plot of land upon which a residence, dwelling house, duplex, or residential unit exists, excepting, however, any parcel of land which is covered by buildings to the extent that no more than five hundred (500) square feet of lot area remains.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-113 Unlawful accumulations and disposal.

It shall be unlawful for any person in possession of, or having charge or control of, any single-family dwelling or commercial business within the City to keep or deposit any garbage, recyclable materials, or organic waste on any premises in the City except in containers as described in TMC 6-3-104. It shall be unlawful for such person to bury or burn any waste or to keep or deposit any rubbish on any premises in the City for a longer time than may be reasonably necessary for the purposes of destruction or burial or collection and removal by the contractor holding a valid contract with the City for the collection and disposal of such waste, and no such person shall throw or deposit any waste on any alley, public place, sidewalk, street, or waterway other than in such containers. Grass cuttings, trees, shrubbery, and lawn trimmings may be deposited on such premises as set forth in this article.

No person shall dump, place, or bury in any lot, land, street, alley, water, waterway, or elsewhere within the City any waste, manure, or waste matter condemned by the Health Department or its authorized representatives.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-114 Unlawful accumulations and disposal: Buildings under construction.

No person owning or occupying any building, lot, or premises in the City shall permit to collect and remain upon such lot or premises garbage, recyclable materials, organic waste, or industrial waste of any kind; provided, however, the provisions of this section shall not be construed as interfering with buildings under construction.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-115 Waste containers: Removal.

It shall be unlawful to allow to stand or remain in any street or any place open to the public view, except an alley, any type of container for garbage, recyclable materials, or organic waste or industrial refuse for a period exceeding twenty-four (24) consecutive hours. The provisions of this section shall apply only to the persons described in TMC 6-3-107.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-116 Unauthorized collection and disposal.

At such times as there is in force a contract entered into by the City with any person for the collection and disposal of garbage, recyclable materials, or organic waste in the City, it shall be unlawful for any person, other than the contractor or a person in the employ of such contractor, to collect these materials within the City or to remove or carry these materials through any public street or alley of the City for compensation or hire.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-117 Ownership of recyclable materials.

Recyclable waste material shall become the property of the authorized recycling contractor upon placement of recyclable waste material at a designated recycling collection location for collection by an authorized recycling contractor.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-118 Collection and disposal: Vehicles.

It shall be unlawful for any person to move or carry through any public street or alley of the City any solid waste or industrial refuse, except in vehicles having metallic or metal-lined beds, and the solid waste shall be so loaded that none of it shall fall, drop, or spill upon the ground. Every vehicle used in the work of collecting and disposing of waste shall be kept clean. Trucks carrying solid waste through the streets shall be covered with a tarpaulin or other suitable covering to prevent waste spilling on the street.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-119 Collection and disposal: Contracts or licenses required.

(a) The collection, removal, and disposal of all garbage, recyclable materials, and organic waste and industrial refuse may be performed by the City or by a person or persons pursuant to a franchise contract or license with the City, and no other person shall engage in such business unless a franchise contract or license is issued to do so by the City Council.

(b) Any franchise contract or license, whether partially or wholly exclusive or nonexclusive, may be awarded with or without competitive bidding and shall be done in such a manner as to insure broad and equitable participation by potential contractors or franchisees; and shall consider the credentials, reputation and practices of the franchise contractor or licensee.

(c) At the expiration of any contract or license issued pursuant to subsection (b) of this section, then based upon California Public Resources Code Section 40059 the City Council may renew the franchise contract or license to the same franchise contractor or licensee if the City Council finds and declares that the credentials, reputation, and practices of the franchise contractor or licensee are in the interest of the public health, safety, and general welfare.

(d) Any franchise contract or license awarded by the City shall require at least three (3) affirmative votes of the City Council.

(e) Any garbage, recyclable materials, organic waste or industrial materials hauler shall be charged fifteen (15%) percent of gross receipts on business originating within the City of Turlock.

(1306-CS, Amended, 07/27/2023; 1288-CS, Rep&ReEn, 02/10/2022)

6-3-120 Collection and disposal of materials: Penalties for failure to obtain license.

(a) Notwithstanding the provisions of TMC 1-2-01, any person who shall collect, remove, or dispose of garbage, recyclable materials, organic waste or industrial refuse in violation of TMC 6-3-119, or permit the collection, removal, or disposal of garbage, recyclable materials, organic waste or industrial refuse under the control of such person by an unlicensed hauler shall, for each and every violation and noncompliance, be guilty of a misdemeanor punishable by a fine of not less than One Hundred and no/100ths ($100.00) Dollars, nor more than One Thousand and no/100ths ($1,000.00) Dollars, and/or by imprisonment in the County Jail for not more than six (6) months.

(b) Any industrial hauler who collects, removes or disposes of industrial refuse in violation of TMC 6-3-119 shall be precluded from obtaining an industrial waste hauling license for a period of six (6) months from the date of any such violation, nor shall such license be issued until all administrative fees have been paid which would have been due had a license been properly requested and issued.

(c) The Chief of Police of the City or the authorized contractor, if instructed to do so by the Chief of Police, may impound any container placed within the corporate limits of the City by an unlicensed hauler for purposes of collecting industrial refuse. The container shall be released to its owner upon payment of all administrative fees which would have been due had a license been properly requested and issued, and all transportation and storage costs and expenses. In the event the container remains unclaimed for a period of thirty (30) days after impounding, the Chief of Police or the authorized contractor, if instructed to do so by the Chief of Police, after giving ten (10) days’ written notice to the hauler, may sell or otherwise dispose of the container to satisfy any unpaid administrative, transportation, and storage fees owed to the City or the authorized contractor. Any amount remaining after such payment to the City or the authorized contractor shall be paid to the owner of the container.

(1306-CS, Amended, 07/27/2023; 1288-CS, Rep&ReEn, 02/10/2022)

6-3-121 Collection and disposal contractors: Interference.

It shall be unlawful for any person to interfere in any manner with the collection, removal, or disposal of garbage, recyclable materials, organic waste or industrial waste by the authorized contractor for each of these material types.

It shall be unlawful for any person other than an authorized recycling contractor to remove recyclable waste material which has been placed at a designated recycling collection location.

(1306-CS, Amended, 07/27/2023; 1288-CS, Rep&ReEn, 02/10/2022)

6-3-122 Public nuisance.

Scavenging is a violation of the provisions of this chapter and is hereby declared a public nuisance. Violations may also be subject to any and all remedies provided for in this chapter.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-123 Recycling container pilfering and/or scavenging restrictions.

Scavenging or taking any part, or all, of the contents of residential curbside recycling carts that are placed out for collection shall not be permitted. Any violation of this section may constitute an infraction and shall be punishable by a fine of not more than Two Hundred Fifty and no/100ths ($250.00) Dollars.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-124 Collection and disposal contractors: Use of City equipment and personnel.

In the event the removal of garbage, recyclable materials, or organic waste is required in quantities and at times in excess of the ordinary facilities and abilities of the contractor to provide or perform, the right is reserved to make use of City equipment and personnel for such purpose and the same shall be provided at a reasonable cost to such contractor. The occupants or owners of land or premises shall not be penalized because of the inability to secure adequate services from the contractor to comply with the provisions of this article.

(1288-CS, Rep&ReEn, 02/10/2022)

6-3-125 Commercial edible food generator requirements.

(a) Tier one commercial edible food generators must comply with the following requirements commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or such later deadline established by State law or regulations.

(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities, as defined in Section 113789 of the Health and Safety Code, operating at the large venue or large event to comply with the requirements of this section commencing January 1, 2024, or such later deadline established by State law or regulations.

(1) Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.

(2) Enter into a contract or other written agreement with food recovery organizations or food recovery services for: (i) the collection for food recovery of edible food that would otherwise be disposed; or (ii) acceptance of edible food that would otherwise be disposed that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organization or food recovery service on how edible food should be prepared, packaged, labeled, handled, stored, distributed, or transported to the food recovery organization or service.

(4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.

(5) Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(6) Allow the City to review records upon request, including by providing electronic copies or allowing access to the premises.

(7) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

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

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

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

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

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

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

(ad) 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.

(d) If it has not entered into a contract or written agreement with food recovery organizations or food recovery service, a record that describes (1) its direct donation of edible food to end recipients (including employees); and/or (2) its food waste prevention practices that result in it generating no surplus edible food that it can donate.

(e) Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the City that includes the information in subsection (c)(7) of this section. Said generators shall provide the requested information within sixty (60) days of the request.

(f) Nothing in this chapter shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017; or (2) otherwise applicable food safety and handling laws and regulations.

(g) Nothing in this chapter prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).

(1291-CS, Added, 05/24/2022)

6-3-126 Food recovery organizations and services requirements.

(a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:

(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

(4) The name, address, and contact information for each food recovery organization 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:

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

(2) The quantity in pounds of edible food received from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(c) Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one (1) or more commercial edible food generators shall report to the City the total pounds of edible food recovered from the tier one and tier two commercial edible food generators they have established a contract or written agreement with (regardless of whether those generators are located in the City) according to the following schedule:

(1) No later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and

(2) No later than March 31, 2023, and no later than every March 31st thereafter, submit a report covering the period of January 1st to December 31st of the previous calendar year.

(d) In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the City shall provide, upon request, information and consultation to the City 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.

(1291-CS, Added, 05/24/2022)

6-3-127 Self-hauler requirements.

Commercial businesses are allowed to self-haul. Residents are required to use the collection program for their garbage, organic waste and recyclable materials.

Commercial self-haulers shall:

(a) Source separate their recyclable materials and organic waste generated on site from solid waste in a manner consistent with this section, or haul organic waste to a high diversion organic waste processing facility.

(b) Haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste or to a high diversion organic waste processing facility.

(c) Self-haulers, which are commercial businesses including multifamily residential dwellings, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste for a minimum of five (5) years; this record shall be subject to inspection by the City.

(1) The records shall include the following information:

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

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

(iii) If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(d) Self-haulers that are commercial businesses including multifamily residential dwellings shall provide these records, upon request, to the Public Works Director or designee. Self-haulers shall provide the requested information within sixty (60) days.

(e) Landscapers, who self-haul organic waste generated at a customer’s site, must also meet the requirements in this section.

(1291-CS, Amended, 05/24/2022; 1288-CS, Rep&ReEn, 02/10/2022. Formerly 6-3-125)

6-3-128 Disputes and complaints.

In the event of disputes or complaints arising from or concerning the place where garbage containers, compost containers, and recyclable materials containers shall be placed while awaiting the removal of such waste or the contents of such containers, or the quantities to be removed, or the number of times of removal, the Municipal Services Director shall designate the place, the estimated quantity, and the times and manner of removal.

(1291-CS, Amended, 05/24/2022; 1288-CS, Rep&ReEn, 02/10/2022. Formerly 6-3-127)

6-3-129 Unlawful search and entry: Penalty.

It shall be unlawful for any person except the owner, the City, or their designee, or someone with the owner’s consent or law enforcement personnel pursuant to a duly issued search warrant or probable cause, to rummage, explore, scavenge, or otherwise search a garbage, organic waste, or recyclable materials container. An exception to this is the City or its designee who may inspect containers to determine compliance with this chapter and the law.

(1291-CS, Amended, 05/24/2022; 1288-CS, Rep&ReEn, 02/10/2022. Formerly 6-3-128)

6-3-130 Inspections and investigations.

(a) The Municipal Services Director or designee is authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial business containers for compliance, the City’s designee may conduct container inspections for prohibited container contaminants and commercial businesses shall accommodate and cooperate.

(b) A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the Municipal Services Director or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for access to the premises or access to records for any inspection or investigation is a violation of this chapter.

(c) Any records obtained by the Municipal Services Director or designee during inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.

(d) The Municipal Services Director or designee shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter. (1291-CS, Amended, 05/24/2022; 1288-CS, Rep&ReEn, 02/10/2022. Formerly 6-3-129)

6-3-131 Enforcement authority.

The City Manager, Municipal Services Director, Enforcement Officer and/or the City Attorney, or his or her designee, shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers pursuant to this Code.

(1291-CS, Amended, 05/24/2022; 1288-CS, Rep&ReEn, 02/10/2022. Formerly 6-3-130)

6-3-132 Civil action by authorized recycling contractor.

Nothing in this article shall be deemed to limit the right of an authorized recycling contractor to bring a civil action against any person who violates TMC 6-3-111, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor.

(1291-CS, Amended, 05/24/2022; 1288-CS, Rep&ReEn, 02/10/2022. Formerly 6-3-131)

6-3-133 Violation and penalties.

(a) Violation of any provision of this chapter shall constitute an infraction and be subject to penalties. The minimum penalty for a first conviction for violating this chapter is a One Hundred and no/100ths ($100.00) Dollar fine; for a second conviction within one (1) year, the minimum penalty is a Two Hundred and no/100ths ($200.00) Dollar fine; for a third or subsequent conviction within one (1) year, the minimum penalty is a Two Hundred Fifty and no/100ths ($250.00) Dollar fine.

(b) Any person that continues in violation of this section shall be guilty of a separate and distinct offense for each and every violation, pursuant to TMC 1-2-01.

(d) If the City Attorney finds and declares that the defendant is a habitual offender of the provisions of this article, the City Attorney may elect to prosecute such violation as a misdemeanor, which shall be punishable by a fine of not more than Five Hundred and no/100ths ($500.00) Dollars or imprisonment in the Stanislaus County Jail for not more than six (6) months, or both.

(1291-CS, Amended, 05/24/2022; 1288-CS, Rep&ReEn, 02/10/2022. Formerly 6-3-132)

6-3-134 Collections of costs: Injunctions.

In order to enforce the provisions of this chapter, the City may correct any violation hereof. The cost of such correction, including attorney’s fees, may be added to any sewer service charge payable by the person violating the chapter of the property upon which the violation occurred, and the City shall have such remedies for the collection of such costs as it has for the collection of sewer service charges. The City may also petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of the provisions of this chapter.

(1291-CS, Amended, 05/24/2022; 1288-CS, Rep&ReEn, 02/10/2022. Formerly 6-3-133)

6-3-135 Civil liabilities and penalties.

Any person who intentionally or negligently violates any provision of this chapter shall be liable civilly to liabilities imposed by the City against which the violation occurs. Such civil liability may be in a sum not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars. The City may petition the Superior Court to enforce and recover such sums. In determining such amount, the City shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the corrective action, if any, and the fines and penalties imposed on the City by other agencies.

(1291-CS, Amended, 05/24/2022; 1288-CS, Rep&ReEn, 02/10/2022. Formerly 6-3-134)