CHAPTER 4.1
ORGANIC WASTE DISPOSAL REDUCTION
ARTICLE 2. REQUIREMENTS FOR COMPLIANCE
SECTION:
§4380.1 Requirements For Single-Family Organic Waste Generators
§4380.2 Requirements For Commercial Businesses
§4380.3 Requirements For Commercial Edible Food Generators
§4380.4 Requirements For Food Recovery Organizations And Services
§4380.5 Requirements For Haulers And Facility Operators
§4380.6 Self-Hauler Requirements
§4380.1 REQUIREMENTS FOR SINGLE-FAMILY ORGANIC WASTE GENERATORS
Single-family organic waste generators shall comply with the following requirements, except single-family generators that meet the self-hauler requirements in section 4380.6 of this code:
A. Shall subscribe to the City’s organic waste collection services for all organic waste generated as described in subsection B of this section. The 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 a single-family generator 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 in subsection C of this section, and shall not place prohibited container contaminants in collection containers.
C. 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. (Ord. 1221, §2, adopted 2022; Ord. 1233, §1, adopted 2023)
§4380.2 REQUIREMENTS FOR COMMERCIAL BUSINESSES
Generators that are commercial businesses, including multifamily residential dwellings, shall:
A. Subscribe to the City’s collection services and comply with requirements of those services as described in subsection B of this section, except commercial businesses that meet the self-hauler requirements in section 4380.6 of this code.
B. Except commercial businesses that meet the self-hauler requirements in section 4380.6 of this code, participate in the City’s organic waste collection service(s) by placing designated materials in designated containers as described in subsection C of this section.
C. 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. Generator shall not place materials designated for the gray container into the green container or blue container.
D. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections E1 and E2 of this section) for employees, contractors, tenants, and customers, consistent with the City’s blue container, green container, and gray container collection service, or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with this chapter.
E. Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of 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.
F. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection E of this section pursuant to 14 CCR Section 18984.9(b).
G. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance this chapter.
H. Excluding multifamily residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
I. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
J. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
K. Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with section 4380.7 of this code to confirm compliance with the requirements of this chapter.
L. If a commercial business wants to self-haul, meet the self-hauler requirements in section 4380.6 of this code.
M. 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).
N. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 4380.4 of this code. (Ord. 1221, §2, adopted 2022; Ord. 1233, §1, adopted 2023)
§4380.3 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 the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
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:
(1) The name, address and contact information of the food recovery service or food recovery organization.
(2) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(3) The established frequency that food will be collected or self-hauled.
(4) 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. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Health and Safety Code section 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 1221, §2, adopted 2022; Ord. 1233, §1, adopted 2023)
§4380.4 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. (Ord. 1221, §2, adopted 2022; Ord. 1233, §1, adopted 2023)
§4380.5 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS
A. Requirements For Haulers: The exclusive franchise providing residential, commercial, or industrial organic waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:
1. Through written notice to the City annually on or before January 1, 2023, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste.
2. Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
3. Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition materials ("C&D") in a manner that complies with 14 CCR Section 18989.1, and applicable provisions of this chapter and of the Ukiah City Code.
B. Requirements For Facility Operators And Community Composting Operations:
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days.
2. Community composting operators, upon the 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. (Ord. 1221, §2, adopted 2022; Ord. 1233, §1, adopted 2023)
§4380.6 SELF-HAULER REQUIREMENTS
A. Self-haulers shall source separate all recyclable materials and organic waste (materials that jurisdiction otherwise requires generators to separate for collection in the jurisdiction’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 jurisdiction. 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 jurisdiction if requested.
E. A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsections C and D of this section. (Ord. 1233, §1, adopted 2023)