HomeMy WebLinkAboutOrd. 1628-2021 (21-832)City Council
City of South San Francisco
Ordinance: ORD 1628-2021
P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
File Number: 21-832 Enactment Number: ORD 1628-2021
ORDINANCE AMENDING CHAPTERS 8.16 AND
8.28, AND ADDING CHAPTER 8.27 MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION, OF
TITLE 8 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE RELATING TO ORGANIC WASTE
DISPOSAL AND RELATED REGULATIONS
PURSUANT TO SENATE BILL 1383.
WHEREAS, the City of South San Francisco, California (“City”) is a municipality, duly
organized under the constitution and laws of the State of California; and
WHEREAS, in September 2016, Senate Bill 1383 (“SB 1383”) established statewide methane
emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants in various
sectors of California’s economy; and
WHEREAS, SB 1383 includes statewide goals to reduce the disposal of organic waste (food
scraps, yard debris, paper products, etc.) and recover edible food for human consumption; and
WHEREAS, to meet the SB 1383 regulations, jurisdictions throughout the State are required to
adopt an ordinance or other similarly enforceable mechanism by January 1, 2022; and
WHEREAS, this ordinance will mandate that organic waste generators, haulers, and other
entities subject to the requirements of SB 1383 regulations and subject to the City of South San
Francisco’s authority, comply with SB 1383 regulatory requirements; and
WHEREAS, through adoption of this ordinance, the City Council desires to amend Chapters
8.16 Solid Waste - Scavenger Services and 8.28 Recyclable Materials; and adding Chapter 8.27
Mandatory Organic Waste Disposal Reduction, of Title 8 of the South San Francisco Municipal Code
relating to organic waste disposal and related regulations pursuant to Senate Bill 1383.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
The City Council of South San Francisco, finds that all Recitals are true and correct and are incorporated
herein by reference.
SECTION 2. Amendments to the Municipal Code
Title 8 of the South San Francisco Municipal Code shall be amended as shown on Exhibit A to this
Ordinance, attached hereto and incorporated herein.
Page 1 City of South San Francisco
File Number: 21-832
Enactment Number: ORD 1628-2021
SECTION 3. California Environmental Ouality Act (CEOA)
This Ordinance is adopted pursuant to CalRecycle's SB 1383 Regulations. The SB 1383 Regulations
were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the
activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations
and that EIR. No mitigation measures identified in the EIR are applicable to the City's enactment of this
Ordinance. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described
in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines
Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential
environmental effects of the Ordinance and no additional environmental review is required. On a
separate and independent basis, the Ordinance is exempt from CEQA pursuant to Section 15308, Class 8
of the CEQA Guidelines of as an action that will not have a significant impact on the environment and as
an action taken by a regulatory agency for the protection of the environment, specifically, for the
protection of the climate. There are no unusual circumstances that would cause this Ordinance to have a
significant effect on the environment.
SECTION 4. Severability
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,
the remainder of the ordinance and the application of such provision to other persons or circumstances
shall not be affected thereby.
SECTION 5. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be
prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance
is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's
Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance,
the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of
the full text of this Ordinance along with the names of those City Council members voting for and
against this Ordinance or otherwise voting.
This Ordinance shall be effective on January 1, 2022.
Introduced at a regular meeting of the City Council of the City of South San Francisco held the
27th day of October 2021.
At a meeting of the City Council on 11/10/2021, a motion was made by Vice Mayor Nagales,
seconded by Councilmember Coleman, that this Ordinance be adopted. The motion passed.
City of South San Francisco Page 2
File Number: 21-832 Enactment Number: ORD 1628-2021
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by J
osa Govea Acosta, City Clerk
10 lJ''X
Mark Addiego, Mayor
City of South San Francisco Page 3
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EXHIBIT A - Second Reading & Adoption
AMENDMENTS AND ADDITIONS
TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE
SECTION A. Amending Chapter 8.16, “Solid Waste”, of Title 8 of the South San Francisco
Municipal Code.
Title 8, Chapter 8.16 of the South San Francisco Municipal Code is hereby amended with additions
in double-underline and deletions in strikethrough. Sections, subsections and texts that are not
amended by this Ordinance are not included below, and shall remain in full force and effect.
Chapter 8.16
8.16.010 Establishment of health regulations—Intent.
. . .
“Solid waste” means all putrescible and nonputrescible residential refuse, commercial solid waste,
institutional solid waste, garbage, yard waste and rubbish as defined in Public Resources Code
Section 40191, including, without limitation, for the purposes of this chapter (except where
specifically excluded) construction debris, demolition debris, recyclable materials and salvageable
materials, but excluding hazardous waste and household hazardous waste. means, as defined in
Public Resources Code Section 40191, all putrescible and nonputrescible solid, semisolid, and
liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid
wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14
(commencing with Section 117600) of Division 104 of the State Health and Safety Code).
Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State
Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be
Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source separated” means, as to recyclable materials, materials that have been separated from solid
waste that is not recyclable material and from all other types of recyclable materials by the person
generating such solid waste or recyclable materials at the residential, commercial and industrial or
institutional property where such solid waste or recyclable materials are generated to form one
readily identifiable category of recyclable material as set forth in the definition for “Recyclable
materials” above that are saleable without further sorting; and, as to salvageable materials,
materials that have been separated from solid waste that is not salvageable material by the person
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generating such solid waste or salvageable materials at the residential, commercial and industrial
or institutional property where such solid waste or salvageable materials are generated. For
example, cardboard that has been separated by a business from glass, PET plastic and wet garbage
is source separated so long as the separation is accomplished by the generator at the commercial
and industrial property where all of such items are generated and all of such items are generated
by such business.
8.16.080 Solid waste—Collection.
Collections of solid waste shall be made at least once a week; provided, however, that such
collections may be made at other intervals within such areas as may from time to time be
designated in any agreement between the city and the scavenger, or as provided for in Chapter
8.27 of this Code. The contents of all containers shall be transferred by the scavenger into a vehicle
provided by the scavenger and approved by the health officer as being a satisfactory vehicle for
such purpose by having a watertight portion in which the refuse is to be deposited and an adequate
cover to prevent refuse and/or offensive or noxious fumes or odors escaping therefrom. The
scavenger shall remove any solid waste spilled by it on stairs, yards, streets, alleyways or other
private or public places, except dump sites, and clean those places.
8.16.090 Segregation of waste matter.
The producer or owner of solid waste, recyclable materials and salvageable materials may elect to
source separate recyclable materials and salvageable materials for collection by the city’s
authorized recycling agent, a junk collector or for other disposition in accordance with Chapters
6.56 and 8.28, except that self-haulers as defined under Chapter 8.27 of this Code shall comply
with the source separation requirements of that chapter.
. . .
SECTION B. Amending Chapter 8.28, “Recyclable Materials”, of Title 8 of the South San
Francisco Municipal Code.
Title 8, Chapter 8.28 of the South San Francisco Municipal Code is hereby amended with additions
in double-underline and deletions in strikethrough. Sections, subsections, and texts that are not
amended by this Ordinance are not included below, and shall remain in full force and effect.
Chapter 8.28
. . .
8.28.020 Definitions.
“Solid waste” means all putrescible and nonputrescible residential refuse, commercial solid waste,
institutional solid waste, garbage, yard waste and rubbish as defined in Public Resources Code
Section 40191, including, without limitation, for the purposes of this chapter (except where
specifically excluded) construction debris, demolition debris, recyclable materials and salvageable
materials, but excluding hazardous waste and household hazardous waste. means, as defined in
Public Resources Code Section 40191, all putrescible and nonputrescible solid, semisolid, and
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liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid
wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14
(commencing with Section 117600) of Division 104 of the State Health and Safety Code).
Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State
Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be
Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source separated” means, as to recyclable materials, materials that have been separated from solid
waste that is not recyclable material and from all other types of recyclable materials by the person
generating such solid waste or recyclable materials at the residential, commercial and industrial or
institutional property where such solid waste or recyclable materials are generated to form one
readily identifiable category of recyclable material as set forth in the definition for “Recyclable
materials” above that are saleable without further sorting; and, as to salvageable materials,
materials that have been separated from solid waste that is not salvageable material by the person
generating such solid waste or salvageable materials at the residential, commercial and industrial
or institutional property where such solid waste or salvageable materials are generated. For
example, cardboard that has been separated by a business from glass, PET plastic and wet garbage
is source separated so long as the separation is accomplished by the generator at the commercial
and industrial property where all of such items are generated and all of such items are generated
by such business.
. . .
SECTION C. Adding Chapter 8.27, “Mandatory Organic Waste Disposal Reduction
Ordinance”, to Title 8 of the South San Francisco Municipal Code.
Title 8, Chapter 8.27 is hereby added to the South San Francisco Municipal Code to read as
follows. Sections and subsections that are not amended by this Ordinance are not included below,
and shall remain in full force and effect.
8.27.010 Purpose and Findings
8.27.020 Title of Chapter
8.27.030 Definitions
8.27.040 Requirements for Single-Family Generators
8.27.050 Requirements for Commercial Businesses
8.27.060 Waivers for Generators
8.27.070 Requirements for Tier One and Tier Two Commercial Edible Food
Generators
8.27.080 Requirements for Food Recovery Organizations and Services
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8.27.090 Haulers and Facility Operators
8.27.100 Self-Hauler Requirements
8.27.110 Compliance with CALGreen Recycling Requirements
8.27.120 Procurement Requirements for City Departments, Direct Service Providers,
and Vendors
8.27.130 Inspections and Investigations by City
8.27.140 Enforcement
8.27.010 Purpose and Findings
The City of South San Francisco finds and declares:
(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 Multi-Family 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 Multi-Family 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 a Chapter or enforceable mechanism to implement relevant provisions
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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, recovered for human consumption.
(f) Requirements in this Chapter are consistent with other adopted goals and policies of the
City including: the City’s General Plan, purchasing procedures, Municipal Code provisions
including but not limited to those relating to Water Efficient Landscape (Section
20.300.007) and Construction and Demolition (Chapter 15.60), and greenhouse gas
reduction and local climate action goals.
8.27.020 Title of Chapter
This chapter shall be entitled “Mandatory Organic Waste Disposal Reduction”.
8.27.030 Definitions
The following terms and definitions shall apply for the purposes of this Chapter. Where applicable,
the terms and definitions described below shall have the same meaning as set forth under the
corresponding provisions of California Code of Regulations, Title 14, §18982.2 (14 CCR
§18982.2) and as respectively restated here. If any definition under 14 CCR §18982.2 contradicts
a definition set forth in this Chapter, the definition under 14 CCR §18982.2 shall govern. If a
definition under 14 CCR §18982.2 is subsequently modified or replaced after the effective date of
the enabling ordinance of this Chapter, the definition under 14 CCR §18982.2 shall govern.
(a) “Blue Container” shall be used for the purpose of storage and collection of Source
Separated Recyclable Materials or Source Separated Blue Container Organic Waste, and
means a container where either:
(i) The lid of the container is blue in color; or
(ii) The body of the container is blue in color and the lid is either blue, gray, or black in
color. Hardware such as hinges and wheels on a blue container may be any color.
(b) “CalRecycle” means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on jurisdictions (and others).
(c) “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).
(d) “City” means the City of South San Francisco.
(e) “City Enforcement Official” means the City Manager or his or her designee, the City
Attorney, or the individual or entity duly authorized by the City, as applicable, who is/are
partially or wholly responsible for enforcing the requirements of this Chapter.
(f) “Code” means, unless otherwise specified, the South San Francisco Municipal Code.
(g) “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. A Multi-Family Residential
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Dwelling that consists of fewer than five (5) units is not a Commercial Business for
purposes of this Chapter.
(h) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined in subsections 3(uuu) and 3(vvv) of this Section. For the
purposes of this definition, Food Recovery Organizations and Food Recovery Services are
not Commercial Edible Food Generators.
(i) “Compliance Review” means a review of records by the City or its Designee to determine
compliance with this Chapter.
(j) “Community Composting” means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total
amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards
and 750 square feet.
(k) “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.
(l) “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the
ASTM D6400 standard for compostability.
(m) “Container” means either a Blue, Gray, or Green Container described in this Chapter.
(n) “Container Contamination” or “Contaminated Container” means a container, regardless of
color, that contains Prohibited Container Contaminants.
(o) “C&D” means construction and demolition debris.
(p) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR Section
18982(14.5), means 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 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 50 percent between January 1, 2022 and December 31,
2024 and 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.
(A) If a transfer/processor has an annual average Source Separated organic
content Recovery rate lower than the rate required in Paragraph 1 of this
definition 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
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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.
(A) 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 ordinance, the reporting periods shall be consistent with those
defined in 14 CCR Section 18815.2(a)(49).
(q) “Designee” means the person or entity with whom the City has contracted or otherwise
arranges to carry out any of the City’s responsibilities of this Chapter For the purpose of
Edible Food Recovery administration pursuant to this Chapter only, Designee means the
County of San Mateo and its Office of Sustainability.
(r) “Donation Dumping” means the actions of a Tier One or Tier Two Commercial Edible
Food Generator in supplying food for recovery that the Food Recovery Organization or
Food Recovery Service is unable to accept, supplying large amounts of food unfit for
human consumption, and /or the self-hauling and dropping off of Edible Food to any Food
Recovery Organization or Food Recovery Service without a contract to do so, or in
violation of the terms of an existing contract regarding the type of Edible Food accepted,
the hours of acceptance of self-haul, or the preparation and packaging requirements.
(s) “Edible Food” means food intended for and fit for human consumption and collected or
received from a Tier One or Tier Two Commercial Edible Food Generator. For the
purposes of this Chapter, “Edible Food” is not Solid Waste if it is recovered and not
discarded. Nothing in this Chapter requires or authorizes the Edible Food Recovery that
does not meet the food safety requirements of the California Retail Food Code.
(t) “Edible Food Recovery” means actions to collect, receive, and/or re-distribute Edible Food
for human consumption from Tier One and Tier Two Commercial Edible Food Generators
that otherwise would be disposed.
(u) “Enforcement Action" means an action of the City taken to address non-compliance with
this Chapter including, but not limited to, issuing administrative citations, fines, penalties,
or using other remedies.
(v) “Excluded Waste” means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive
waste, and toxic substances or material that facility operator(s), which receive materials
from the City and its generators, reasonably believe(s) would, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law,
regulation, or ordinance, including: land use restrictions or conditions, waste that cannot
be disposed of in Class III landfills or accepted at the facility by permit conditions, waste
that in the City 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 Multi-
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Family 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.
(w) “Exclusive Franchise” means the franchise agreement between the city and the Exclusive
Franchised Hauler.
(x) “Exclusive Franchised Hauler” means the person or entity with whom the City has
contracted, as set forth under Chapter 8.16 of this Code, to collect, receive, carry and/or
transport solid waste in accordance with the provisions of Chapter 8.16.
(y) “Food Distributor” means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores.
(z) “Food Facility” means an operation that stores, prepares, packages, serves, vends, or
otherwise provides food for human consumption at the retail level, as set forth in Section
113789 of the Health and Safety Code.
(aa) “Food Recovery Organization” means an entity that engages in the collection or receipt of
Edible Food from Tier One or Tier Two Commercial Edible Food Generators and
distributes that Edible Food either directly or through other entities, 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.
(bb) “Food Recovery Service” means a person or entity that collects and transports Edible Food
from a Tier One or Commercial Edible Food Generator to a Food Recovery Organization
or other entities for Food Recovery. A Food Recovery Service is not a Commercial Edible
Food Generator for the purposes of this Chapter.
(cc) “Food Scraps” means all food, such as, but not limited to, fruits, vegetables, meat, poultry,
seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps
excludes fats, oils, and grease when such materials are Source Separated from other Food
Scraps.
(dd) “Food Service Provider” means an entity primarily engaged in providing food services to
institutional, governmental, commercial, or industrial locations of others based on
contractual arrangements with these types of organizations.
(ee) “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, but excluding paper containers that are lined with, or
otherwise include, non-compostable materials.
(ff) “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics.
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(gg) “Gray Container” shall be used for the purpose of storage and collection of Gray Container
Waste and means a container where either:
(i) The lid of the container is gray or black in color; or
(ii) The body of the container is entirely gray or black in color and the lid is gray or black
in color. Hardware such as hinges and wheels on a gray container may be any color.
(hh) “Gray Container Waste” means Solid Waste that is collected in a Gray Container that is
part of a three-container Organic Waste collection service that prohibits the placement of
Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b),
or as otherwise defined in 14 CCR Section 17402(a)(6.5).
(ii) “Green Container” shall be used for the purpose of storage and collection of Source
Separated Green Container Organic Waste and means a container where either:
(i) The lid of the container is green in color.
(ii) The body of the container is green in color and the lid is green, gray, or black in color.
Hardware such as hinges and wheels on a green container may be any color.
(jj) “Greenhouse gas (GHG)” means carbon dioxide (CO2), methane (CH4), nitrous oxide
(N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and
other fluorinated greenhouse gases defined in 14 CCR § 18982.
(kk) “Greenhouse gas emission reduction” or “greenhouse gas reduction” means actions
designed to achieve a calculated decrease in greenhouse gas emissions over time.
(ll) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a
bakery, deli, and meat and seafood departments.
(mm) “Hauler Route” means the designated itinerary or sequence of stops for each segment of
the City’s collection service area.
(nn) “High Diversion Organic Waste Processing Facility” means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average Mixed Waste organic content Recovery rate of 50 percent between January
1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated
pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste
organic collection stream” as defined in 14 CCR Section 17402(a)(11.5).
(oo) “Inspection” means a site visit where the City or its Designee reviews records, containers,
and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or
Edible Food handling to determine if the entity is complying with requirements set forth in
this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). For the purposes of
Edible Food Recovery in this Chapter, “Inspection” includes actions to review contracts
and other records related to the recovery of Edible Food, and may occur off-site via email
and other forms of electronic communication, as well as the on-site review of an entity’s
records and collection, handling, and other procedures for the recovery of Edible Food to
determine if the entity is complying with the requirements of this Chapter.
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(pp) “Large Event” means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf
course, street system, or other open space when being used for an event.
(qq) “Large Venue” means a permanent venue facility that annually seats or serves an average
of more than 2,000 individuals within the grounds of the facility per day of operation of
the venue facility. For purposes of this Chapter, 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, a site under common ownership or control that includes more
than one Large Venue that is contiguous with other Large Venues in the site, is a single
Large Venue.
(rr) “Local Education Agency” means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to Solid
Waste.
(ss) “Multi-Family Residential Dwelling” or “Multi-Family” means, for the purposes of this
Chapter, of, from, or pertaining to residential premises with five (5) or more dwelling units.
Multi-Family premises do not include hotels, motels, or other transient occupancy
facilities, which are considered Commercial Businesses.
(tt) “Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic
material that will not breakdown in the composting process.
(uu) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes,
including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined
in 14 CCR Section 18982(a)(43).
(vv) “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a
compliance date to avoid an action to seek penalties.
(ww) “Organic Waste” means Solid Wastes containing material originated from living organisms
and their metabolic waste products, including but not limited to food, green material,
landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products,
Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise
defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR
Section 18982(a).
(xx) “Organic Waste Generator” means a person or entity that is responsible for the initial
creation of Organic Waste.
(yy) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.
(zz) “Printing and Writing Papers” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
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writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications.
(aaa) “Prohibited Container Contaminants” means the following: (i) discarded materials placed
in the Blue Container that are not identified as acceptable Source Separated Recyclable
Materials for the City or Designee’s Blue Container; (ii) discarded materials placed in the
Green Container that are not identified as acceptable Source Separated Green Container
Organic Waste for the City or Designee’s Green Container; (iii) 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 or Designee’s
Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
(bbb) “Recovered Organic Waste Products” means products made from California, landfill-
diverted recovered Organic Waste processed in a permitted or otherwise authorized
facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(ccc) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as
otherwise defined in 14 CCR Section 18982(a)(49).
(ddd) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined
in 14 CCR Section 18982(a)(61).
(eee) “Regional Agency” means regional agency as defined in Public Resources Code Section
40181.
(fff) “Regional or County Agency Enforcement Official” means a regional or county agency
enforcement official, designated by the City with responsibility for enforcing this Chapter.
(ggg) “Renewable Gas” means 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).
(hhh) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks
for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section
18982(a)(64).
(iii) “Route Review” means a visual Inspection of containers along a Hauler Route for the
purpose of determining Container Contamination, and may include mechanical Inspection
methods such as the use of cameras, or as otherwise defined in 14 CCR Section
18982(a)(65).
(jjj) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
(kkk) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of
this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations
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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.
(lll) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable
material he or she has generated to another person, to the extent permitted by Chapter 8.16
of this Code and the Exclusive Franchise. 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). For the purposes of Edible Food Recovery, “Self-
Hauler” means a Commercial Edible Food Generator which holds a contract with and hauls
Edible Food to a Food Recovery Organization or other site for redistribution according to
the requirements of this Chapter.
(mmm)“Single-Family” means, for the purpose of this Chapter, of, from, or pertaining to any
residential premises with fewer than five (5) units.
(nnn) “Solid Waste” has the same meaning as defined in State Public Resources Code Section
40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, abandoned vehicles and parts thereof, discarded home
and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is
not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other
discarded solid and semisolid wastes, with the exception that Solid Waste does not include
any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter
8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health
and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste
landfill, as defined in State Public Resources Code Section 40195.1. Medical waste
that has been treated and deemed to be Solid Waste shall be regulated pursuant to
Division 30 of the State Public Resources Code.
(ooo) “Source Separated” means materials, including commingled recyclable materials, that have
been separated or kept separate from the Solid Waste stream, at the point of generation, for
the purpose of additional sorting or processing those materials for recycling or reuse in
order to return them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards necessary to be used in
the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the
purposes of 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.
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(ppp) “Source Separated Blue Container Organic Waste” means Source Separated Organic
Wastes that can be placed in a Blue Container that is limited to the collection of those
Organic Wastes and Non-Organic Recyclables.
(qqq) “Source Separated Green Container Organic Waste” means Source Separated Organic
Waste that can be placed in a Green Container that is specifically intended for the separate
collection of Organic Waste by the generator, excluding Source Separated Blue Container
Organic Waste, carpets, Non-Compostable Paper, and textiles.
(rrr) “Source Separated Recyclable Materials” means Source Separated Non-Organic
Recyclables and Source Separated Blue Container Organic Waste.
(sss) “State” means the State of California.
(ttt) “Supermarket” means a full-line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods,
or nonfood items and some perishable items.
(uuu) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
(vvv) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms.
(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size
equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
(www) “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized
Service” means 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.
(xxx) “Wholesale Food Vendor” means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received,
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shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other
destination.
8.27.040 Requirements for Single-Family Generators
Single-Family Organic Waste Generators shall:
(a) Be automatically enrolled in the City’s three-container Organic Waste collection services
with a minimum Source Separated Recyclable Materials service level of 64 gallons per
week, and with a minimum Source Separated Green Container Organic Waste service level
of 32 gallons per week. The City or its Designee shall have the authority to change these
minimum required levels of service over time. The City or its Designee shall have the right
to review the number, size, and location 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, generator shall adjust its service level for its collection
services as requested by the City or its Designee.
(b) Participate in the City’s three-container system for Source Separated Recyclable Materials,
Source Separated Green Container organic materials, and Gray Container Waste collection
services. Generator participation in the collection programs requires that generators 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.
(c) Nothing in this Section prohibits a generator from preventing or reducing waste generation,
managing Organic Waste on site, and/or using a Community Composting site pursuant to
14 CCR Section 18984.9(c).
8.27.050 Requirements for Commercial Businesses
Commercial Businesses shall:
(a) Be automatically enrolled in the City’s three-container Organic Waste collection services
with a Source Separated Recyclable Materials service level of 96-gallons, and with a
Source Separated Green Container Organic Waste service level of 32-gallons, as approved
by the City or its Designee. The City or its Designee shall have the authority to change the
minimum required service levels over time. The Commercial Business’ Source Separated
Recyclable Materials service level and Source Separated Green Container Organic Waste
service level must be sufficient for the amount of Source Separated Recyclable Materials
and Source Separated Green Container Organic Waste generated by the Commercial
Business. The City or its Designee shall have the right to review the number, size, and
location 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 Business shall adjust its service level for its
collection services as requested by the City or its Designee.
(b) Participate in and comply with the City’s three-container (Blue Container, Green
Container, and Gray Container) collection service by placing designated materials in
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designated containers as described below. 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.
(c) Supply and allow access to adequate number, size, and location of collection containers
with sufficient labels or colors (conforming with Sections (d)(1) and (d)(2) below), for
employees, contractors, tenants and customers, consistent with the City’s Blue Container,
Green Container, and Gray Container collection service.
(d) Excluding Multi-Family 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 type of 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 the color requirements. A Commercial Business is not
required to replace functional containers, including containers purchased prior to
January 1, 2022, that do not comply with the requirements of the 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 14 CCR
Section 18984.8, the container labels are required on new containers commencing
January 1, 2022.
(e) Excluding Multi-Family Residential Dwellings, prohibit employees from placing materials
in a container not designated for those materials in accordance with the City’s Organic
Waste, Non-Organic Recyclables, and non-Organic Waste collection service to the extent
practical through education, training, Inspection, and/or other measures.
(f) Excluding Multi-Family Residential Dwellings, weekly inspect Blue Container, Green
Container, 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).
(g) Annually provide information to employees, contractors, tenants, and customers about
Organic Waste Recovery requirements and about proper sorting of Source Separated Green
Container Organic Waste and Source Separated Recyclable Materials.
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(h) 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.
(i) Provide or arrange access for the City or its Designee, or their respective agents. to their
properties during all Inspections conducted in accordance with Section 8.27.130 of this
Chapter to confirm compliance with the requirements of this Chapter.
(j) 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).
(k) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators
shall comply with Food Recovery requirements under Section 8.27.070.
8.27.060 Waivers for Generators
(a) De Minimis Waivers. The City may grant a de minimis waiver to a Commercial Business
for complying with 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 (a)(2) below. The number of
requirements that may be waived pursuant to a waiver granted by the City shall be
determined by the City based on the particular operational circumstances of each
Commercial Business as demonstrated by the submittals described below. Commercial
Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from
and provide documentation as noted in subsection (a)(2) below.
(2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is two cubic
yards or more per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 20 gallons per week per
applicable container of the business’ total waste; or,
(B) The Commercial Business’ total Solid Waste collection service is less than
two cubic yards per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 10 gallons per week per
applicable container of the business’ total waste.
(3) 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.
(4) Provide written verification of eligibility for de minimis waiver every five years, if
the City has approved de minimis waiver.
(b) Physical Space Waivers. The City may grant a physical space waiver to a Commercial
Business for complying with the recyclable materials and/or Organic Waste collection
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service requirements of this Chapter, if the City receives evidence from its own staff, its
Designee, the Commercial Business requesting a waiver, a licensed architect, or a licensed
engineer demonstrating that the premises lacks adequate space for the collection containers
required for compliance with the Organic Waste collection requirements of Section
8.27.050. The number of requirements that may be waived pursuant to a waiver granted by
the City shall be determined by the City based on the particular operational circumstances
of each Commercial Business as demonstrated by the foregoing evidence or the submittals
described below.
A Commercial Business may request a physical space waiver through the following
process:
(1) Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers
and/or Green Containers including documentation from its hauler, licensed
architect, or licensed engineer.
(3) Provide written verification to City that it is still eligible for physical space waiver
every five years, if City has approved application for a physical space waiver.
(c) Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR
Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business
establishment or industry that subscribes to the City’s three-container Organic Waste
collection service to arrange for the collection of their Blue Container, Gray Container, or
both once every fourteen days, rather than once per week. Notwithstanding the grant of an
exception under this subsection, however, containers containing putrescible materials must
be collected once every seven days.
(d) Review and Approval of Waivers. The City Manager or his or her designee shall have the
authority to review and approve waivers described in the foregoing sections.
8.27.070 Requirements for Tier One and Tier Two 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) Tier One and Tier Two 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) Use the CalRecycle Model Food Recovery Agreement or the contractual elements
contained in Section 8.27.080 of this Chapter to contract with, or otherwise enter
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into a written agreement with Food Recovery Organizations or Food Recovery
Services for:
(A) the collection of Edible Food for Food Recovery; or,
(B) the acceptance of the Edible Food that the Commercial Edible Food Generator
self-hauls to the Food Recovery Organization for Food Recovery.
(3) Contract with Food Recovery Organizations and Food Recovery Services able to
demonstrate a positive reduction in greenhouse gas emissions from their Edible
Food Recovery activity.
(4) Shall not intentionally spoil Edible Food that is capable of being recovered by a
Food Recovery Organization or a Food Recovery Service.
(5) Allow the City or its Designee access to the premises and to inspect procedures and
review records and provide such records electronically if requested by the City or
its Designee.
(6) Keep records that include the following information:
(A) A list of each Food Recovery Organization or a Food Recovery Service that
collects or receives Edible Food from the Tier One or Tier Two Commercial
Edible Food Generator pursuant to a contract or written agreement as
required by this Chapter.
(B) A copy of all contracts or written agreements established under the
provisions of this Chapter.
(C) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food
Recovery Service or Food Recovery Organization.
(iii) The established schedule or frequency that food will be collected or
self-hauled.
(iv) The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.
(7) No later than June 30th of each year commencing no later than July 1, 2022 for Tier
One Commercial Edible Food Generators and July 1, 2024 for Tier Two
Commercial Edible Food Generators, provide an annual Food Recovery report to
the City that includes the following information: a list of all contracts with Food
Recovery Organizations and Food Recovery Services, the amount and type of
Edible Food donated to Food Recovery Organizations and Food Recovery Services,
the schedule of Edible Food pickup by Food Recovery Organizations and Food
Recovery Services, a list of all types of Edible Food categories they generate, such
as “baked goods,” that are not accepted by the Food Recovery Organizations and
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Food Recovery Services with whom they contract, the contact information for the
manager and all staff responsible for Edible Food Recovery, and certification that
all staff responsible for Edible Food Recovery have obtained a food handler card
through an American National Standards Institute (ANSI) accredited training
provider that meets ASTM International E2659-09 Standard Practice for Certificate
Programs, such as ServSafe. With the exception of the food safety and handling
training certification, Tier One and Teir Two Commercial Edible Food Generators
may coordinate with their Edible Food Recovery contractors to supply this
information.
(8) Require all Edible Food Recovery staff to comply with applicable donation
guidelines or other similar regulations established by and that are most currently in
effect for each Food Recovery Organization or Food Recovery Service with which
the Generator contracts, and to attend trainings conducted by regarding best
practices and requirements for the timely identification, selection, preparation, and
storage of Edible Food to ensure the maximum amount of Edible Food is recovered
and to avoid supplying food for collection that is moldy, has been improperly
stored, or is otherwise unfit for human consumption.
(9) For Tier One and Tier Two Commercial Edible Food Generators who self-haul
Edible Food, require all staff transporting Edible Food for recovery to obtain a food
handler card through an American National Standards Institute (ANSI) accredited
training provider that meets ASTM International E2659-09 Standard Practice for
Certificate Programs, such as ServSafe and follow the best practices and standards
for proper temperature control, methods, and procedures for the safe handling and
transport of food.
(d) Nothing in this Chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan
Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017
(approved by the Governor of the State of California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title
2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
relating to food safety, as amended, supplemented, superseded and replaced from time to
time).
8.27.080 Requirements for Food Recovery Organizations and Services
(a) Food Recovery Services operating in the City collecting or receiving Edible Food directly
from Tier One and/or Tier Two Commercial Edible Food Generators, via a contract or
written agreement established under the requirements of this Chapter, shall maintain the
following records:
(1) The name, address, and contact information for each Tier One and Tier Two
Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food by type collected from each Tier One and
Tier Two Commercial Edible Food Generator per month.
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(3) The quantity in pounds of Edible Food by type transported to each Food Recovery
Organization or redistribution site per month.
(4) The name, address, and contact information for each Food Recovery Organization
or redistribution site that the Food Recovery Service transports Edible Food to for
Edible Food Recovery.
(b) Food Recovery Organizations operating in the City collecting or receiving Edible Food
directly from Tier One and/or Tier Two Commercial Edible Food Generators, via a contract
or written agreement established under the requirements of this Chapter, or receiving
Edible Food from Food Recovery Services or from other Food Recovery Organizations,
shall maintain the following records:
(1) The name, address, and contact information for each Tier One and Tier Two
Commercial Edible Food Generator, Food Recovery Service, or other Food
Recovery Organization from which the organization collects or receives Edible
Food.
(2) The quantity in pounds of Edible Food by type collected or received from each Tier
One or Tier Two Commercial Edible Food Generator, Food Recovery Service, or
other Food Recovery Organization per month.
(3) The name, address, and contact information for each Food Recovery Organizations
or redistribution sites that the Food Recovery Organization transports Edible Food
to for Edible Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services operating in the City shall
inform Tier One and Tier Two Commercial Edible Food Generators from which they
collect or receive Edible Food about California and Federal Good Samaritan Food
Donation Act protection in written communications, such as in their contract or agreement
established as required by this Chapter.
(d) Commencing no later than July 1, 2022, Food Recovery Organizations and Food Recovery
Services operating in the City and collecting or receiving Edible Food from Tier One and
Tier Two Commercial Edible Food Generators or any other source shall report to the City
or its Designee the following: a detailed Edible Food activity report of the information
collected as required under this Chapter, including weight in pounds by type and source of
Edible Food, the schedule/frequency of pickups/drop-offs of Edible Food from/to each
Edible Food source or redistribution site, brief analysis of any necessary process
improvements or additional infrastructure needed to support Edible Food Recovery efforts,
such as training, staffing, refrigeration, vehicles, etc., and an up to date list of Tier One and
Tier Two Commercial Edible Food Generators with whom they have contracts or
agreements established as required under this Chapter. This Edible Food activity report
shall be submitted quarterly, or at the discretion of the City or its Designee, less frequently,
and shall cover the activity that occurred since the period of the last submission.
(e) Prior to executing new agreements or contracts with Tier One or Tier Two Commercial
Edible Food Generators, Food Recovery Organizations and Food Recovery Services
operating in the City shall consult and review with the City or its Designee the requirements
of this Chapter in or to ensure compliance with the requirements described herein. In
addition, it shall be the responsibilities of Food Recovery Organizations and Food
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Recovery Services operating in the City to ensure that any existing agreements with Tier
One or Tier Two Commercial Edible Food Generators comply with the requirements of
this Chapter after the effective date of the enabling ordinance, including consulting with
the City or its Designee the necessary steps to be taken for compliance.
(f) In order to provide the required records to the State, the City or its Designee, and Tier One
or Tier Two Commercial Edible Food Generators, contracts between Food Recovery
Organizations and Food Recovery Services operating in the City and Tier One and Tier
Two Commercial Edible Food Generators shall either:
(1) Use the Model Food Recovery Agreement developed by CalRecycle and include
provisions requiring the Food Recovery Organization or Food Recovery Service to
report to the Tier One and Tier Two Commercial Edible Food Generators with
whom they have contracts the annual amount of Edible Food recovered and to
inform them of the tax benefits available to those who donate Edible Food to non-
profits.
(2) Or, if the CalRecycle Model is not utilized, include in their contracts the following
elements:
(A) List/description of allowable foods the Food Recovery
Organization/Food Recovery Service will receive.
(B) List/description of foods not accepted by the Food Recovery
Organization/Food Recovery Service.
(C) Conditions for refusal of food.
(D) Food safety requirements, training, and protocols.
(E) Transportation and storage requirements and training.
(F) A protocol for informing the Tier One or Tier Two Commercial
Edible Food Generators of a missed or delayed pickup.
(G) Notice that donation dumping is prohibited.
(H) Provisions to collect sufficient information to meet the record-
keeping requirements of this Chapter.
(I) Fees/financial contributions/acknowledgement of terms for the
pickup and redistribution of Edible Food.
(J) Terms and conditions consistent with the CalRecycle Model Food
Recovery Agreement.
(K) Information supplying the Tier One or Tier Two Commercial Edible
Food Generators with the annual amount of Edible Food recovered
and informing them of the tax benefits that may be available to those
who donate Edible Food to non-profits.
(L) Contact name, address, phone number, and email for both
responsible parties, including the current on-site staff responsible
for Edible Food Recovery.
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(M) Food Recovery Organizations accepting self-hauling of Edible Food
from Tier One and Tier Two Commercial Edible Food Generators
must provide a schedule, including days of the week and acceptable
times for drop-offs, and information about any limitation on the
amount of food accepted, and/or the packaging requirements or
other conditions of transport, such as, but not limited to, maintaining
proper temperature control, and other requirements for the safe
handling and transport of food, the self-hauler must follow for the
Edible Food to be accepted.
(g) Food Recovery Organizations and Food Recovery Services operating in the City shall
demonstrate that all persons, including volunteers and contracted workers using their own
vehicle, involved in the handling or transport of Edible Food, have obtained a food handler
card through an American National Standards Institute (ANSI) accredited training provider
that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such
as ServSafe.
(h) Food Recovery Organizations and Food Recovery Services operating in the City shall use
the appropriate temperature control equipment and methods and maintain the required
temperatures for the safe handling of Edible Food recovered from Tier One and Tier Two
Commercial Edible Food Generators for the duration of the transportation of the Edible
Food for redistribution, including Edible Food transported by private vehicles.
(i) In order to ensure recovered Edible Food is eaten and to prevent donation dumping, Food
Recovery Organizations and Food Recovery Services operating in the City shall provide
documentation that all redistribution sites which are not themselves Food Recovery
Organizations to which they deliver Edible Food have a feeding or redistribution program
in place to distribute, within a reasonable time, all the Edible Food they receive. Such
documentation may include a website address which explains the program or
pamphlets/brochures prepared by the redistribution site.
(j) Food Recovery Organizations and Food Recovery Services operating in the City unable
to demonstrate a positive reduction in GHG emissions for their Edible Food Recovery
operational model cannot contract with Tier One and Tier Two Commercial Edible Food
Generators in the City for the purpose of recovering Edible Food as defined in this Chapter.
Food Recovery Organizations and Food Recovery Services contracting to recover Edible
Food from a Tier One and Tier Two Commercial Edible Food Generator for redistribution
shall consult with the City or its Designee to document that their overall operational model
will achieve a greenhouse gas emissions reduction. Such review may analyze route review,
miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood
of consumption after redistribution.
(k) Food Recovery Organizations and Food Recovery Services operating in the City shall
inspect all Edible Food recovered or received from a Tier One and Tier Two Commercial
Edible Food Generator. If significant spoilage is found, or if the food is otherwise found to
be unfit for redistribution for human consumption, Food Recovery Organizations and Food
Recovery Services shall immediately notify the City or its Designee using a notification
process to be set by the City or its Designee. Such notice shall include:
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(1) The type and amount, in pounds, of spoiled food or food unfit for redistribution for
human consumption, or provide a photographic record of the food, or both.
(2) The date and time such food was identified.
(3) The name, address and contact information for the Tier One or Tier Two
Commercial Edible Food Generator which provided the food.
(4) The date and time the food was picked up or received.
(5) A brief explanation of why the food was rejected or refused.
(l) Contracts between Tier One or Tier Two Commercial Edible Food Generators and Food
Recovery Organizations or Food Recovery Services shall not include any language
prohibiting Tier One or Tier Two Commercial Edible Food Generators from contracting or
holding agreements with multiple Food Recovery Organizations or Food Recovery
Services.
(m) Food Recovery Organizations and Food Recovery Services operating in the City shall
conduct trainings and develop educational material such as donation guidelines and
handouts to provide instruction and direction to Tier One and Tier Two Commercial Edible
Food Generators with whom they contract regarding best practices and requirements for
the timely identification, selection, preparation, and storage of Edible Food to ensure the
maximum amount of Edible Food is recovered and to avoid the collection of food that is
moldy, has been improperly stored, or is otherwise unfit for human consumption.
(n) Edible Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support
Edible Food Recovery capacity planning assessments or other such studies, Food
Recovery Services and Food Recovery Organizations operating in the City shall
provide information and consultation to the City or its Designee upon request,
regarding existing, or proposed new or expanded, Edible Food Recovery capacity
that could be accessed by the City and its Tier One and Tier Two Commercial
Edible Food Generators. A Food Recovery Service or Food Recovery Organization
contacted by the City or its Designee shall respond to such requests for information
within 60 days.
(o) Allow the City or its Designee to access the premises and inspect procedures and review
records related to Edible Food Recovery and/or provide them electronically if requested by
the City or its Designee.
8.27.090 Requirements for Haulers and Facility Operators
(a) Requirements for Haulers
(1) Exclusive Franchised Hauler and permitted haulers as authorized by the Exclusive
Franchise and Chapter 8.16 of this Code, 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:
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(A) Through written notice to the City annually on or before December 31 of
each year identify the facilities to which they will transport Organic Waste
including facilities for Source Separated Recyclable Materials, Source
Separated Green Container Organic Waste, and Mixed Waste.
(B) Transport Source Separated Recyclable Materials, Source Separated Green
Container Organic Waste, and Mixed Waste to a facility, operation, activity,
or property that recovers Organic Waste as defined in 14 CCR, Division 7,
Chapter 12, Article 2.
(C) Obtain approval from the City or its Designee to haul Organic Waste, unless
it is transporting Source Separated Organic Waste to a Community
Composting site or lawfully transporting C&D in a manner that complies
with 14 CCR Section 18989.1, Section 8.27.110 of this Chapter, and
applicable City C&D requirements under this Code.
(2) Exclusive Franchised Hauler, and permitted haulers as authorized by the Exclusive
Franchise and Chapter 8.16 of this Code, authorized to collect Organic Waste in
the City shall comply with education, equipment, signage, container labeling,
container color, contamination monitoring, reporting, and other requirements
contained within its franchise agreement, this Code or other regulations, or other
agreement entered into with City.
(b) Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in-vessel digestion facilities, and
publicly-owned treatment works shall, upon the City or its Designee’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 or its Designee shall respond within 60 days.
(2) Community Composting operators, upon the City or its Designee’s request, shall
provide information to the City or its Designee 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 or its Designee shall respond within 60 days.
8.27.100 Self-Hauler Requirements
(a) 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.(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.
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(c) Commercial Business Self-Haulers 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 or its
Designee. If requested in writing, the Commercial Business Self-Hauler shall provide the
record to City or its Designee. 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.
8.27.110 Compliance with CALGreen Recycling Requirements
(a) Any individual or entity submitting an application for a building permit from the City shall
comply with the requirements of this Section and all applicable requirements of the
California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as
amended and adopted by reference under Title 15 of this Code. If the requirements of
CALGreen are more stringent than the requirements of this Section, the CALGreen
requirements shall apply.
(b) Applicants with projects subject to CALGreen requirements must, as a condition of
building permit issuance, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building
site, provide readily accessible areas that serve occupants of all buildings on the
site and are identified for the storage and collection of Blue Container and Green
Container materials, consistent with the three-container collection program offered
by the City, or comply with provision of adequate space for recycling for Multi-
Family and Commercial premises pursuant to applicable CALGreen requirements
most recently in effect as adopted by reference under Title 15 of this Code.
(2) Where new Commercial construction or additions result in more than 30% of the
floor area, provide readily accessible areas identified for the storage and collection
of Blue Container and Green Container materials, consistent with the three-
container collection program offered by the City, or comply with provision of
adequate space for recycling for Multi-Family and Commercial premises pursuant
to applicable CALGreen requirements most recently in effect as adopted by
reference under Title 15 of this Code.
(3) For all projects, comply with CALGreen requirements and applicable state, federal
and local law related to management of C&D, including diversion of Organic Waste
in C&D from disposal, and all City ordinances, regulations and guidelines
regarding the collection, recycling, diversion, tracking, and/or reporting of C&D,
including Chapter 8.16 of this Code.
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8.27.120 Procurement Requirements for City Departments, Direct Service Providers, and
Vendors
(a) The City’s departments, and direct service providers to the City, as applicable, must
comply with the City’s Recovered Organic Waste Product procurement policy most
recently in effect and as may be amended from time to time, and Recycled-Content Paper
procurement policy most recently in effect and as may be amended from time to time. The
City Manager shall have the authority to adopt as necessary administrative instructions to
implement the procurement policies described herein.
(b) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled-Content Paper Products and
Recycled-Content Printing and Writing Paper that consists of at least 30 percent,
by fiber weight, postconsumer fiber instead of non-recycled products whenever
recycled Paper Products and Printing and Writing Paper are available at the same
or lesser total cost than non-recycled items.
(2) Provide Paper Products and Printing and Writing Paper that meet Federal Trade
Commission recyclability standard as defined in 16 Code of Federal Regulations
(CFR) Section 260.12.
(3) Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing Paper
offered or sold to the City. This certification requirement may be waived if the
percentage of postconsumer material in the Paper Products, Printing and Writing
Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer
or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, that the Paper Products and
Printing and Writing Paper offered or sold to the City is eligible to be labeled with
an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR)
Section 260.12 (2013).
(5) Provide records to the City or its Designee in accordance with the City’s Recycled-
Content Paper procurement policy(ies) of all Paper Products and Printing and
Writing Paper purchases within thirty (30) days of the purchase (both recycled-
content and non-recycled content, if any is purchased) made by any division or
department or employee of the City. Records shall include a copy (electronic or
paper) of the invoice or other documentation of purchase, written certifications as
required in Sections (b)(3) and (b)(4) of this Section for recycled-content purchases,
purchaser name, quantity purchased, date purchased, and recycled content
(including products that contain none), and if non-recycled content Paper Products
or Printing and Writing Papers are provided, include a description of why Recycled-
Content Paper Products or Printing and Writing Papers were not provided.
8.27.130 Inspections and Investigations by City
(a) The City or its Designee are authorized to conduct Inspections and investigations, at
random or otherwise, of any collection container, collection vehicle loads, or transfer,
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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 Multi-Family Residential Dwellings), property owners,
Tier One and Tier Two Commercial Edible Food Generators, haulers, Self-Haulers, Food
Recovery Services, and Food Recovery Organizations, subject to applicable laws. This
Section shall not be construed to allow the City or its Designee to enter the interior of a
private residential property for Inspection.
(b) Regulated entities shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with the City or its 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. Failure to provide or arrange
for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or
investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained by the City or its Designee during its Inspections, and other reviews
shall be subject to the requirements and applicable disclosure exemptions of the Public
Records Act as set forth in Government Code Section 6250 et seq.
(d) The City and its Designee, and their respective representatives, are authorized to conduct
any Inspections, or other investigations as reasonably necessary to further the goals of this
Chapter, subject to applicable laws.
(e) The City or its Designee shall receive written complaints from persons regarding an entity
that may be potentially non-compliant with SB 1383 Regulations, including receipt of
anonymous complaints. Complaints shall be received and processed as follows:
(1) Complaints shall be submitted in writing and shall include the following
information:
A. If the complaint is not anonymous, the name and contact information of
the complainant.
B. The identity of the alleged violator, if known.
C. A description of the alleged violation including location(s) and all other
relevant facts known to the complainant.
D. Any relevant photographic or documentary evidence to support the
allegations in the complaint.
E. The identity of any witnesses, if known.
(2) The City or its Designee shall review the complaint for compliance with the
foregoing requirements of subsection (e)(1) and determine whether the
allegations, if proven true, would constitute a violation of this Chapter. If so,
the City or its Designee shall commence an investigation within 90 days of
receiving the complaint. The City or its Designee may decline to investigate a
complaint if, in its judgment, investigation is unwarranted because the
allegations are contrary to facts known to it.
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(3) If the identity and contact information of the complainant are known, the City
or its Designee shall provide notice to the complainant upon conclusion of the
investigation the status or results of their complaint.
(4) The City shall maintain records of all complaints and responses pursuant to this
section as required by 14 CCR Section 18995.2, as may be amended. The
records shall include the complaint as received and the City's determination of
compliance or notice of violations issued.
(5) The City Manager is authorized to adopt administrative regulations to further
implement or effectuate the requirements of this subsection.
8.27.140 Enforcement
(a) Violation of any provision of this Chapter shall be subject to the administrative citation
process and abatement procedure set forth under Chapter 8.54 of this Code by a City
Enforcement Official or Regional or County Agency Enforcement Official, except that the
lien procedure described under Articles V and VI of Chapter 8.54 shall not apply to
violations under this Chapter.
(b) In addition, a violation of this chapter may be remedied by any means available to the City
to remedy a violation of this Code. The City or its Designee may pursue civil actions in the
California courts to seek recovery of unpaid administrative citations, or 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 or Designee staff
and resources.
(c) Responsible Entity for Enforcement.
(1) Enforcement pursuant to this Chapter may be undertaken by a City Enforcement
Official.
(2) Enforcement may also be undertaken by a Regional or County Agency
Enforcement Official in consultation with the City Enforcement Official.
(3) City Enforcement Official(s) and Regional or County Enforcement Official(s) will
interpret the provisions of this Chapter; determine the applicability of waivers, if
violation(s) have occurred; implement Enforcement Actions; and, determine if
compliance standards are met.
(4) City Enforcement Official(s) and Regional or County Agency Enforcement
Official(s) may issue Notices of Violation(s) as provided in this Chapter.
(d) Process for Enforcement.
(1) The City Enforcement Official or the Regional or County Enforcement Official
undertaking enforcement responsibilities pursuant to this Chapter shall monitor
compliance with this Chapter through random means by utilizing Compliance
Reviews, Route Reviews, investigation of complaints, and an Inspection program.
Section 8.27.130 establishes City’s right to conduct Inspections and investigations.
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(2) The City or its Designee shall have the authority to issue an official notification to
notify regulated entities of its obligations under this Chapter.
(3) Issuance of a Notice of Violation.
(A) For incidences of Prohibited Container Contaminants found in containers,
except those incidences relating to Edible Food Recovery, the City Enforcement
Official or the Regional or County Enforcement Official shall issue a Notice of
Violation to any generator found to have Prohibited Container Contaminants in a
container.
(B) Such notice will be provided via a cart tag or other communication immediately
upon identification of the Prohibited Container Contaminants or within twenty-four
(24) hours after determining that a violation has occurred.
(C)If the City Enforcement Official or the Regional or County Enforcement Official
observes Prohibited Container Contaminants in a generator’s containers on more
than two (2) consecutive occasion(s) or more than three (3) times in any twelve (12)
month period, the City Enforcement Official or the Regional or County
Enforcement Official may assess contamination processing fees or contamination
penalties on the generator.
(ii)(A) For incidences of Prohibited Container Contaminants found in containers
relating to Edible Food Recovery, the City Enforcement Official or the Regional or
County Enforcement Official shall issue a Notice of Violation to any Tier One or
Tier Two Commercial Edible Food Generator found to have Edible Food in any
container or to any Food Recovery Organization or Food Recovery Service found
to have Edible Food recovered from a Tier One or Tier Two Edible Food Generator
in a container which has not been documented by a notice of significant spoilage as
required by Section 8.27.080.
(B) Such notice will be provided by electronic mail or other means of
communication immediately upon identification of the Prohibited Container
Contaminants or within three (3) days after determining that a violation has
occurred.
(C) If the City Enforcement Official or the Regional or County Enforcement
Official observes Prohibited Container Contaminants, such as Edible Food, in a
Tier One or Tier Two Commercial Edible Food Generator, or Food Recovery
Organization, or Food Recovery Service container on more than two (2)
consecutive occasion(s), the City Enforcement Official or the Regional or County
Enforcement Official may assess an administrative citation and fine, pursuant to
the penalties provisions contained in this Chapter, on the Tier One or Tier Two
Commercial Edible Food Generator, Food Recovery Organization, or Food
Recovery Service.
(4) With the exception of Prohibited Container Contaminants violations addressed
under Section 8.27.140(d)(3) and violations related to Edible Food Recovery, the
City Enforcement Official or the Regional or County Enforcement Official shall
issue a Notice of Violation requiring compliance within 60 days of issuance of the
notice. For violations related to Edible Food Recovery, the City Enforcement
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Official or the Regional or County Enforcement Official may issue a Notice of
Violation requiring compliance within 7 days of issuance of the Notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of
Violation as described above, the City shall commence an action to impose
penalties, via an administrative citation and fine, pursuant to Chapter 8.54 of this
Code or any other remedy available to the City.
Notices shall be sent to the property owner at the official address of the owner
maintained by the tax collector for the City or if no such address is available, to the
owner at the address of the dwelling or Commercial property or to the party
responsible for paying for the collection services, depending upon available
information.
(e) Penalty Amounts for Types of Violations.
Violations of this Chapter shall be subject to the following fines:
(A) For a first violation, the amount of the base penalty shall be $100 per violation.
(B) For a second violation, the amount of the base penalty shall be $200 per violation.
(C) For a third or subsequent violation, the amount of the base penalty shall be $500
per violation.
(f) Factors Considered in Determining Penalty Amount.
The following factors shall be used to determine the amount of the penalty for each
violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s).
(2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter.
(5) Evidence of any economic benefit resulting from the violation(s).
(6) The deterrent effect of the penalty on the violator.
(7) Whether the violation(s) were due to conditions outside the control of the violator.
(g) Compliance Deadline Extension Considerations.
The City may extend the compliance deadlines set forth in a Notice of Violation issued in
accordance with Section 8.27.140 if it finds that there are extenuating circumstances based
on evidence presented in the record before it that are beyond the control of the respondent
that make compliance within the deadlines impracticable, including but not limited to the
following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals;
or,
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(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery
capacity and the City is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process. Persons receiving an administrative citation containing a penalty for an
uncorrected violation may request a hearing to appeal the citation pursuant to Chapter 8.54
of this Code.
(i) Education Period for Non-Compliance. Beginning January 1, 2022 and through December
31, 2023, the City or its Designee will conduct Inspections, Route Reviews or waste
evaluations, and Compliance Reviews, depending upon the type of regulated entity, to
determine compliance, and if City or its Designee determines that an Organic Waste
Generator, hauler, Tier One Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance, it shall provide
educational materials and/or, for the purposes of Edible Food Recovery, training to the
entity describing its obligations under this Chapter and a notice that compliance is required
by January 1, 2022, and that violations may be subject to administrative civil penalties
starting on January 1, 2024.
(j) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City or its Designee
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 Section 8.27.140, as needed.