Chapter 10
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Sections:
6-10.100 Intent and finding.
The Watsonville City Council finds and declares that:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program.
(d) SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of Statewide organic waste disposal reduction targets.
(e) SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed of, be recovered for human consumption.
(f) Requirements in this chapter are consistent with other adopted goals and policies of the City.
(§ 1, Ord. 1428-22 (CM), eff. May 26, 2022)
6-10.101 Definitions.
Whenever the following defined words and phrases are used in this chapter, they shall have the definition or meaning established by this section, unless it is clearly apparent from the context in which the word or phrase appears that a different definition or meaning is intended:
(a) “Blue container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.
(b) “CalRecycle” shall mean California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations in the City of Watsonville (and other jurisdictions).
(c) “California Code of Regulations” or “CCR” shall mean 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 the CCR).
(d) “City” shall mean the City of Watsonville, California.
(e) “Commercial business” or “commercial” shall mean 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 one or a tier two commercial edible food generator as defined in subsections (ppp) and (qqq) of this section or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
(g) “Compliance review” shall mean a review of records by the City to determine compliance with this chapter.
(h) “Community composting” shall mean 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).
(i) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
(j) “Compostable plastics” or “compostable plastic” shall mean plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(k) “Container contamination” or “contaminated container” shall mean a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(l) “C&D” shall mean construction and demolition debris.
(m) “Designated source separated organic waste facility,” as defined in 14 CCR Section 18982(14.5), shall mean a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one (1) of the following:
(1) The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of fifty (50%) percent between January 1, 2022, and December 31, 2024, and seventy-five (75%) percent on and after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream.
(i) If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in subsection (m)(1) of this section for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “designated source separated organic waste facility.”
(2) The facility is a “composting operation” or “composting facility,” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
(i) If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “designated source separated organic waste facility.” For the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
(n) “Designee” shall mean an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(o) “Edible food” shall mean 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.
(p) “Enforcement action” shall mean an action of the City to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(q) “Enforcement official” shall mean the City Manager or their authorized designee who is partially or wholly responsible for enforcing the chapter.
(r) “Excluded waste” shall mean 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 the 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 the 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 City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or its designee for collection services.
(s) “Food distributor” shall mean 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).
(t) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(u) “Food recovery” shall mean actions to collect and distribute food for human consumption that otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24).
(v) “Food recovery organization” shall mean an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
(w) “Food recovery service” shall mean 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).
(x) “Food scraps” shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
(y) “Food service provider” shall mean 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).
(z) “Food-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(aa) “Food waste” shall mean food scraps. Food-soiled paper and compostable plastics may also be included in this definition depending on service.
(bb) “Gray container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.
(cc) “Gray container waste” shall mean solid waste that is collected in a gray container that is part of a three (3) 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).
(dd) “Green container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
(ee) “Grocery store” shall mean 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).
(ff) “Hauler route” shall mean the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(gg) “High diversion organic waste processing facility” shall mean 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).
(hh) “Inspection” shall mean 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 chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
(ii) “Large event” shall mean 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 chapter.
(jj) “Large venue” shall mean 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 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
(kk) “Local education agency” shall mean 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).
(ll) “Multifamily residential dwelling” or “multi-family” shall mean 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.
(mm) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(nn) “Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(oo) “Nonlocal entity” shall mean the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City.
(2) Federal facilities, including military installations, located within the boundaries of the City.
(3) Facilities operated by the State park system located within the boundaries of the City.
(4) State agencies located within the boundaries of the City, including, but not limited to, the Pajaro Valley Unified School District
(pp) “Nonorganic recyclables” shall mean nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(qq) “Notice of violation (NOV)” shall mean 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.
(rr) “Organic waste” shall mean solid wastes containing material originating from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(ss) “Organic waste generator” shall mean 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).
(tt) “Paper products” includes, but is 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).
(uu) “Printing and writing papers” includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, notepads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(vv) “Prohibited container contaminants” shall mean the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the City’s green container; (3) 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 the City’s green container and/or blue container; and (4) excluded waste placed in any container.
(ww) “Recovered organic waste products” shall mean products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(xx) “Recovery” shall mean any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(yy) “Recycled-content paper” shall mean paper products and printing and writing paper that consists of at least thirty (30%) percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(zz) “Regional agency” shall mean regional agency as defined in Public Resources Code Section 40181.
(aaa) “Remote monitoring” shall mean 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.
(bbb) “Renewable gas” shall mean gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(ccc) “Restaurant” shall mean 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).
(ddd) “Route review” shall mean 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).
(eee) “SB 1383” shall mean 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.
(fff) “SB 1383 regulations” or “SB 1383 regulatory” shall mean or refer 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 CCR and 27 CCR.
(ggg) “Self-hauler” shall mean 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).
(hhh) “Single-family” shall mean of, from, or pertaining to any residential premises with fewer than five (5) units.
(iii) “Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code
(jjj) “Source separated” shall mean 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 this chapter, source separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.
(kkk) “Source separated blue container organic waste” shall mean source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
(lll) “Source separated green container organic waste” shall mean source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, noncompostable paper, and textiles.
(mmm) “Source separated recyclable materials” shall mean source separated nonorganic recyclables and source separated blue container organic waste.
(nnn) “State” shall mean the State of California.
(ooo) “Supermarket” shall mean a full-line, self-service retail store with gross annual sales of Two Million ($2,000,000) 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).
(ppp) “Tier one commercial edible food generator” shall mean 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 chapter.
(qqq) “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 chapter.
(rrr) “Uncontainerized green waste and yard waste collection service” or “uncontainerized service” shall mean a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 18982(a)(75).
(sss) “Wholesale food vendor” shall mean 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).
(§ 1, Ord. 1428-22 (CM), eff. May 26, 2022)
6-10.102 Mandatory separation of recyclables, collection and disposal of solid waste and recyclables.
(a) Requirements for Single-Family Generators. Single-family organic waste generators except single-family generators that meet the self-hauler requirements in this chapter shall:
(1) Subscribe to the City’s organic waste collection services for all organic waste generated as described below in subsection (a)(2) 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 single-family generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(2) 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.
(i) A three- and three-plus-container collection service (blue container, green container, and gray container).
(ii) 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.
(b) Requirements for Commercial Businesses, including Multifamily Residential Dwellings. Generators that are commercial businesses, including multifamily residential dwellings, shall:
(1) Subscribe to the City’s three- and three-plus-container collection services and comply with requirements of those services as described in subsection (b)(2) of this section, except commercial businesses that meet the self-hauler requirements in this chapter. The City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the City.
(2) Except commercial businesses that meet the self-hauler requirements in subsection (f) of this section, participate in the City’s organic waste collection service(s) by placing designated materials in designated containers as described below.
(i) A three- and three-plus-container collection service (blue container, green container, and gray container).
(ii) 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.
(3) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (b)(4)(i) and (b)(4)(ii) 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 subsection (f) of this section.
(4) 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 (1) 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:
(i) 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; or
(ii) 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.
(5) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (b)(4) of this section pursuant to 14 CCR Section 18984.9(b).
(6) 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 their compliance with their self-haul program, in accordance with subsection (f) of this section.
(7) 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).
(8) 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.
(9) 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.
(10) Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with subsection (f) of this section to confirm compliance with the requirements of this chapter.
(11) Accommodate and cooperate with the City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with subsection (b)(2) of this section. The remote monitoring program may involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers or hauler’s vehicles.
(12) At commercial business’s option and subject to any approval required from the City, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the City or its designee.
(13) If a commercial business wants to self-haul, meet the self-hauler requirements in subsection (f) of this section.
(14) 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).
(15) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to subsection (d) of this section.
(c) Waivers for Generators.
(1) De Minimis Waivers. The City may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (c)(1)(ii) of this section. Commercial businesses requesting a de minimis waiver shall:
(i) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (c)(1)(ii) of this section.
(ii) Provide documentation that either:
(aa) 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
(ab) 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.
(iii) Notify the City if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(iv) Provide written verification of eligibility for de minimis waiver every five (5) years, if the City has approved de minimis waiver.
(2) 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 subsection (b) of this section. A commercial business or property owner may request a physical space waiver through the following process:
(i) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(ii) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
(iii) Provide written verification to the City that it is still eligible for physical space waiver every five (5) years, if the City has approved application for a physical space waiver.
(3) Review and Approval of Waivers by City. The City of Watsonville Solid Waste Division Manager shall be responsible for review and determination of any waiver submitted to the City for approval.
(d) Requirements for Commercial Edible Food Generators.
(1) 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.
(2) 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.
(3) Commercial edible food generators shall comply with the following requirements:
(i) Arrange to recover the maximum amount of edible food that would otherwise be disposed of.
(ii) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for: (aa) the collection of edible food for food recovery; or (ab) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(iii) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(iv) 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.
(v) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(aa) 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).
(ab) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(ac) A record of the following information for each of those food recovery services or food recovery organizations:
(ba) The name, address and contact information of the food recovery service or food recovery organization.
(bb) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(bc) The established frequency that food will be collected or self-hauled.
(bd) 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.
(vi) No later than July 1, 2022, of each year for tier one commercial edible food generators and July 1, 2024, for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information:
(aa) All records required in subsection (d)(3)(v)(aa) of this section;
(ab) Amount and type of edible food that was not accepted by food recovery organizations or services for donation.
(4) 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 amended Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(e) Requirements for Food Recovery Organizations and Services.
(1) 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):
(i) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(ii) The quantity in pounds of edible food collected from each commercial edible food generator per month.
(iii) The quantity in pounds of edible food transported to each food recovery organization per month.
(iv) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
(2) 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):
(i) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
(ii) The quantity in pounds of edible food received from each commercial edible food generator per month.
(iii) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
(3) 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).
(4) Commencing on January 1, 2022, and annually thereafter, 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).
(5) Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the City, 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.
(f) Self-Hauler Requirements.
(1) Self-haulers shall source separate all recyclable materials and organic waste 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.
(2) 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.
(3) 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:
(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.
(4) Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection (f)(3) of this section to City.
(5) A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsections (f)(3) and (4) of this section.
(g) Procurement Requirements for City Departments, Direct Service Providers, and Vendors.
(1) Direct service providers to the City, as applicable, must comply with the City’s Environmental Purchase Policy first adopted in October of 2021.
(2) All vendors providing paper products and printing and writing paper shall:
(i) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty (30%) percent, by fiber weight, postconsumer fiber instead of nonrecycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than nonrecycled items.
(ii) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standards as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(iii) 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.
(iv) 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 Code of Federal Regulations (CFR) Section 260.12 (2013).
(v) 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 nonrecycled 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 (g)(2)(iii) and (g)(2)(iv) of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled 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.
(h) Inspections and Investigations by City.
(1) City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow City to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with subsection (b)(2) or (c)(2) of this section, 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 subsections (b)(11) and (12) of this section.
(2) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of remote monitoring equipment; or (iii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
(3) Any records obtained by City during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(4) City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(5) City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.
(i) Enforcement.
(1) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the City’s enforcement official or representative. Enforcement actions under this chapter 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 chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
(2) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The 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.
(3) Responsible Entity for Enforcement.
(i) City enforcement officials will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met.
(ii) City enforcement officials may issue notice(s) of violation(s).
(4) Process for Enforcement.
(i) City enforcement officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Subsection (h) of this section establishes City’s right to conduct inspections and investigations.
(ii) City may issue an official notification to notify regulated entities of its obligations under this chapter.
(iii) With the exception of violations of generator contamination of container contents, City shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
(iv) Absent compliance by the respondent within the deadline set forth in the notice of violation, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City’s policy/ordinance/guidelines or requirements contained in Section 1-2.109.
(v) Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the County 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.
(5) Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this subsection if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(i) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(ii) Delays in obtaining discretionary permits or other government agency approvals; or
(iii) 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.
(6) 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.
(7) Education Period for Noncompliance. Beginning on the effective date of this chapter 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 chapter and a notice that compliance is required by the effective date of this chapter, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(8) Civil Penalties for Noncompliance. 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 chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this subsection, as needed.
(j) Effective Date. This chapter shall be effective commencing on May 26, 2022.
(§ 1, Ord. 1428-22 (CM), eff. May 26, 2022)