CONSENT ITEM
E-5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TIKAN SINGH, GENERAL MANAGER
DATE: SEPTEMBER 21, 2026
SUBJECT: CONSIDERATION OF ADOPTION OF ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF AZUSA, CALIFORNIA, MAKING AMENDMENTS TO
CHAPTER 58, ARTICLE II, RELATED TO WASTE DISPOSAL AND
RECYCLING, AND DETERMINING THE ORDINANCE TO BE EXEMPT
FROM CEQA
BACKGROUND:
SB 1383 (Short-lived Climate Pollutants, a state law that increases the diversion of organic waste to reduce methane emissions) requires jurisdictions to implement programs to comply with the new California organics recycling law. The passage of SB 1383 required significant changes to the City’s franchise agreement with Athens Services regarding how trash is collected and disposed of, beginning January 1, 2022. To ensure organic waste generators comply with the requirements, jurisdictions must implement an inspection and enforcement program through a mandatory wastedisposal ordinance. The City Council approved the amended Waste Disposal and Recycling Ordinance on January 18, 2022. On August 17, 2026, the City Council introduced Ordinance 2026- 07 to reflect changes in refuse collection for the commercial and multi-family sectors and to update other sections to assist in enforcing SB 1383 requirements.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1) Adopt Ordinance 2026-07, an Ordinance of the City Council of the City of Azusa, California, adopting the proposed amendments to Chapter 58, Article II, related to waste disposal and recycling; and
2) Determine that the adoption of this Ordinance does not qualify as a “project” as defined in California Environmental Quality Act (Public Resources Code Section 21000 et seq., “CEQA”) Section 15378.
Adoption of Solid Waste Disposal and Recycling Ordinance Amendment September 21, 2026
ANALYSIS:
SB 1383, California's Short-Lived Climate Pollutants Reduction Strategy, established statewide requirements for organic waste collection, recycling, edible food recovery, contamination monitoring, procurement, recordkeeping, and enforcement. Jurisdictions are required to implement local programs and ordinances to ensure compliance with these regulations.
On June 1, 2026, the City Council approved an amendment to the City's solid waste franchise agreement with Athens Services to transition commercial and multi-family customers to a threecontainer collection system for trash, recycling, and organics. This change is intended to improve diversion of organic waste from landfills and support the City's ongoing compliance with SB 1383.
On August 17, 2026, the City Council introduced Ordinance 2026-07 to reflect changes in refuse collection for the commercial and multi-family sectors and to update other sections to assist in enforcing SB 1383 requirements. The proposed amendments update the Municipal Code to align with the amended franchise agreement and the requirements of SB 1383. Key revisions include:
• Establishing requirements for a three-container collection service for commercial and multifamily generators. • Updating definitions and operational requirements related to organic waste collection and recycling services.
• Updating administrative and code enforcement procedures and code references to ensure consistency with current State regulations and franchise agreement.
These amendments will provide the City with the necessary authority and enforcement tools to implement the requirements of SB 1383 effectively while supporting the transition to the new collection system.
ENVIRONMENTAL DETERMINATION:
This Ordinance has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the request to update certain Sections of the Azusa Municipal Code does not qualify as a “project” as defined in State CEQA Guidelines section 15378. First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) Further, this request is not a “project” subject to CEQA (State CEQA Guidelines, § 15060(c).), as Section 15378 explicitly excludes from its definition of “project” the following:
“organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).
FISCAL IMPACT:
There is no direct fiscal impact associated with adopting the amendments to the ordinance. The amendments are administrative in nature and support the implementation of existing solid waste collection services and State-mandated programs.
Adoption of Solid Waste Disposal and Recycling Ordinance Amendment September 21, 2026
Prepared by: Reviewed by:
Liza Sagun Tikan Singh, PE
Acting Environmental Programs Manager General Manager
Reviewed by: Reviewed and Approved:
City Attorney Sergio Gonzalez
Burke, Williams, & Sorensen LLP City Manager
Attachment:
1) Ordinance No. 2026-07 Amending Chapter 58, Article II, Waste Disposal and Recycling ORDINANCE NO. 2026-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING CHAPTER 58 OF THE CITY OF AZUSA
MUNICIPAL CODE RELATED TO ARTICLE II, WASTE DISPOSAL AND
RECYCLING
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016), also known as the Short-lived Climate Pollutant Reduction Act of 2016, directed the California Department of Resources Recycling and Recovery (“CalRecycle”) to develop regulations to reduce Organic Waste in landfills, a source of methane, by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025.
WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of Edible Food that is currently thrown away.
WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations”).
WHEREAS, the regulations place requirements on multiple entities, including cities, 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 and reduce food insecurity.
WHEREAS, the SB 1383 Regulations took effect January 1, 2022, and the City amended its Municipal Code to comply with the SB 1383 Regulations on January 18, 2022.
WHEREAS, the City Council desires to amend its Municipal Code to align with the amended franchise agreement and comply with SB 1383 Regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Additions to the Azusa Municipal code are shown in underlined and the deletions are denoted by strikethrough.
SECTION 3. Article II of Chapter 58 of the Azusa Municipal Code is hereby amended as shown below:
ARTICLE II. WASTE DISPOSAL AND RECYCLING
Sec. 58-36. Purpose and findings.
The City of Azusa finds and declares:
(1) SB 1383 (Chapter 395, Statutes of 2016), also known as the Short-lived Climate Pollutant Reduction Act of 2016, directed the California Department of Resources Recycling and Recovery ("CalRecycle") to develop regulations to reduce Organic Waste in landfills, a source of methane, by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025.
(2) SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of Edible Food that is currently thrown away.
(3) CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations ("SB 1383 Regulations").
(4) The SB 1383 Regulations place requirements on multiple entities, including cities, 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 and reduce food insecurity.
(5) The SB 1383 Regulations take effect January 1, 2022, and require the City of Azusa to adopt and enforce an ordinance or enforceable mechanism to implement the SB 1383 Regulations by said date.
(6) 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 cities 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.
(7) 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 cities to implement a mandatory commercial recycling program.
(8) 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 cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program.
Sec. 58-37. Title of article.
This chapter shall be entitled "waste disposal and recycling".
Sec. 58-38. Definitions.
Each definition in Chapter 58 is inclusive of, and incorporates, any subsequent changes to state law, state regulations, and/or City ordinances cited in such definition.
Black container has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of black container waste.
Black container waste means solid waste that is collected in a black container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the black container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
Blue container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
CalRecycle means California's Department of Resources Recycling and Recovery, which is the department designated with the responsibility for developing, implementing, and enforcing the SB 1383 Regulations.
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).
City means the City of Azusa, California, within its jurisdictional boundaries.
City council means the city council of the City of Azusa.
City manager means the city manager of the City of Azusa or their authorized designee(s).
Commercial business or commercial use means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
Commercial edible food generators include a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
Community composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
Compliance review means a review of records by the city to determine compliance with this chapter.
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, or was otherwise defined by 14 CCR Section 17896.2(a)(4).
Compostable plastics or compostable plastic means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
Container means a bin, cart, roll-off box, or other receptacle used to accumulate, store, or collect solid waste, organic waste, or recyclable materials for collection and transportation.
Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(14).
Construction and demolition debris, C&D, and construction waste means solid waste directly related to construction and demolition activities.
Designated source separated organic waste facility, as defined in 14 CCR Section 18982(a)(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 consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility." (2) The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that, pursuant to the reports submitted under 14 CCR Section 18815.7, demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
Designee means an entity that a city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2(b). A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
Edible food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this article or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
Enforcement action means an action of the city to address non-compliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Excluded waste means hazardous substances, hazardous waste, infectious waste, designated waste, volatile waste, corrosive waste, medical waste, infectious waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city's or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
Food facility has the same meaning as in Section 113789 of the Health and Safety Code.
Food recovery means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall govern. .
Food recovery service means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Food scraps means all food, including, 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.
Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
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. Food-soiled paper excludes non-compostable paper.
Food waste means food scraps, food-soiled paper, and 100% fiber-based compostable dinnerware.
Green container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). Other general merchandise stores as defined by NAICS, regardless of size and annual gross sales that primarily sell pharmacy, home, and personal care products are excluded from this category.
Hauler route means the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
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); or, as otherwise defined in 14 CCR Section 18982(a)(33).
Inspection means a site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
Large event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
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 and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
Local education agency means a school district, charter school, or county office of education that is not subject to the control of city's or county's regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
Multi-family residential dwelling or multi-family means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
MWELO refers to the model water efficient landscape ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
Non-compostable paper includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
Non-local entity means the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42), including, but not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities (including community colleges), county fairgrounds, and state agencies located within the boundaries of the city.
Non-organic recyclables means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
Notice of violation or (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in Section 1-24 of the Azusa Municipal Code.
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 Sections 18982(a)(4) and 18982(a)(16.5), respectively.
Organic waste generator means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
Prohibited container contaminants means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container (14 CCR Section 18982(a)(55)(D)); (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container (14 CCR Section 18982(a)(55)(B)); (iii) discarded materials placed in the black container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container (14 CCR Section 19892(a)(55)(C)); and, (iv) excluded waste placed in any container (14 CCR Section 19892(a)(55)).
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).
Recovery means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
Recycled-content paper means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
Regional agency means a regional agency as defined in Public Resources Code Section 40181.
Remote monitoring means the implementation and use by city only of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and black containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
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).
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).
Responsible party means the property owner, homeowners' association, property manager, or designated multi-family residential dwelling utility billing collector responsible for subscribing for collection service and payment for service charges. It is the responsibility of the responsible party to make arrangements with individual units or tenants for the collection of service payments.
Route review means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
SB 1383 means Senate Bill 1383 of 2016 approved by the governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
SB 1383 Regulations or SB 1383 Regulatory means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12, and amended portions of regulations of 14 CCR and 27 CCR.
Self-hauler means any person or entity who has obtained and maintains a valid permit issued by the City to self-haul Solid Waste, Organic Waste, or Recyclable Material they have generated to another person or entity using the generator’s own employees and equipment and not a thirdparty contractor. A self-hauler also includes any person or entity that back-hauls waste. Back-haul means generating and transporting source-separated waste to a destination owned and operated by the generator using the generator's own employees and equipment as part of a corporate recycling program.
Single-family means of, from, or pertaining to any residential premises with fewer than five units. Multi-family residential dwellings with fewer than five units fall under this category.
Solid waste has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
Source separated means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of 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 black container waste or other solid waste for the purposes of collection and processing, as provided in this chapter.
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; non-compostable paper; paper products; printing and writing paper; and any other organic waste that an organics waste facility may reject to maintain any organics-related composting certifications including but not limited to organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.
Source separated blue container materials means source separated non-organic recyclables and source separated blue container recyclable materials.
State means the State of California.
Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). Other general merchandise stores as defined by NAICS, regardless of size and gross annual sales that primarily sell pharmacy, home, and personal care products are excluded from this category.
Tier one commercial edible food generator means a commercial edible food generator that is one or more 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.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall govern.
Tier two commercial edible food generator means a commercial edible food generator that is one or more 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.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this article.
Uncontainerized green waste and yard waste collection 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, or as otherwise defined in 14 CCR Section 189852(a)(75).
Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
(Ord. No. 2021-07, § 2(Exh. A), 1-18-22)
Sec. 58-39. Requirements for single-family generators.
Single-family organic waste generators shall comply with the following requirements of the code:
(1) Shall subscribe to city's organic waste collection services for all organic waste generated as described in section 58-39(2). City or its designee shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper source separation of materials and containment of materials; and, single-family generators shall adjust their service level for their collection services as requested by the city or its designee. (2) Shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
a. 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 black container waste in the black container. Generators shall not place materials designated for the black container into the green container or blue container.
Sec. 58-40. Requirements for commercial businesses.
Generators that are commercial businesses, including multi-family residential dwellings, shall:
(1) Subscribe to city's three-container collection services and comply with requirements of those services as described below in section 58-40(2), except for commercial businesses that meet the self-hauler requirements in section 58-45. City or its designee shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper source separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city or its designee.
(2) Except for commercial businesses that meet the self-hauler requirements section 58-45, participate in the city's three-container collection services by placing designated materials in designated containers as described below.
a. 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 black container waste in the black container. Generator shall not place materials designated for the black container for commercial businesses into the green container or blue container.
b. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with sections (c)(1)and (c)(2) below) for employees, contractors, tenants, and customers, consistent with city's green container, blue container, and black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with section 58-45. c. Provide containers for the collection of source-separated organic waste and sourceseparated 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 materials that would be collected in a particular container type, the business does not have to provide that 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 city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of 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 labeling requirements are required on new containers commencing January 1, 2022. d. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's green container, blue container, and black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with section 58-45.
e. Quarterly inspect green containers, blue containers, and black 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).
f. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of sourceseparated organic waste in green containers and recyclable materials in blue containers.
g. Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source-separated organic waste in a green container and recyclable materials in a blue container separate from black container waste (when applicable) and the location of containers and the rules governing their use at each property. h. Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with section 58-46 to confirm compliance with the requirements of this chapter.
i. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on-site through methods such as composting, or using a community composting site pursuant to 14 CCR Section 18984.9(c). j. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 58-
42. Sec. 58-41. Organic waste recycling waivers for commercial generators. (a) De minimis waivers. City may waive a commercial business' obligation (including those of multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in section 58-41(a)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services from which they are requesting a waiver and provide documentation as noted in section 58-41(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 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 green container comprises less than ten gallons per week per applicable container of the business' total waste.
3. Notify city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five years, if city has approved de minimis waiver.
(b) Physical space waivers. City may waive a commercial business' or property owner's obligations (including those of multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of section 58-40.
A commercial business or property owner may request a physical space waiver through the following process:
(1) Submit an exemption request form to the building and safety department specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation that the premises lack adequate space for green containers, including documentation from its hauler, licensed architect, or licensed engineer. (3) Provide written verification to building and safety department that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver.
Sec. 58-42. Requirements for commercial edible food generators. (a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024. (c) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed of.
(2) Contract with, or enter into a written agreement with food recovery organizations and/or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4) Allow city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address, and contact information of the food recovery service or food recovery organization.
2. The types of edible food that will be collected by or self-hauled to the food recovery service or food recovery organization.
3. The established frequency that edible food will be collected or self-hauled.
4. The quantity of edible food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(6) No later than July 1 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, or its designee, that includes the records listed in section 58-42(5)(c).
(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).
Sec. 58-43. Requirements for food recovery organizations and services. (a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.
(3) The quantity in pounds of edible food transported to each food recovery organization per month.
(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
(2) The quantity in pounds of edible food received from each commercial edible food generator per month.
(3) The name, address, and contact information for each food recovery service from which the organization receives edible food for food recovery. (c) Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(d) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city in which it is located the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b) no later than July 1, 2022.
(e) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such a request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.
Sec. 58-44. Requirements for haulers and facility operators. (a) Exclusive franchised hauler(s) providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall comply with any education, equipment, signage, container labeling, container color, contamination, monitoring, and reporting requirements relating to the collection of organic waste contained within its franchise agreement.
Sec. 58-45. Self-hauler requirements.
(a) Persons desiring to self-haul solid waste, food waste, recycling, shall first obtain a self-haul permit from the City, by submitting a completed self-haul application to the city or its designee. City will review the application completeness within 30 days after submittal. If the application is incomplete City will return the application with indications of the missing or erroneous information. Applications that remain incomplete will be deemed denied. If City determines that the application is complete, then it will review the application and determine whether to issue or deny the permit. The City reserves the right to deny all selfhaul permits due to failure to demonstrate the ability to comply with city requirements, past failures to comply with city requirements, or for other public health and safety reasons. If a permit is denied or revoked, then the applicant or permittee may appeal to the city manager within ten (10) days of the denial or revocation by submitting a completed appeal form stating the justification for issuance or reinstatement of the permit. Decisions of the city manager are final and not subject to appeal.
(b) Self-haulers shall source separate all recyclable materials and organic waste generated on-site and may only collect, transport, and dispose of these materials using their own employees and equipment. The use of any other person or entity’s containers or transportation is prohibited.
Self-haulers shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3. Any solid waste residue remaining after source separating all recyclable materials and organic waste shall be deposited into a black container and placed at the appropriate time and location for collection by the city or its designee. (c) Self-haulers may not collect, transport, or dispose of hazardous waste or special waste, as those terms are defined by state law. Self-haulers must comply with all applicable state and local laws, including, but not limited to, requirements for containers used to collect, transport, and dispose of source-separated materials, and requirements to divert such materials from landfills.
(d) Self-haulers that are commercial businesses (including multi-family dwelling landscapers) 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 upon request. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting 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. (e) Self-haulers that are commercial businesses (including multi-family dwelling landscapers) shall provide information collected in section 58-45(c) to the city or its designee within 30 days upon request. An annual report with information collected in section 58-45(c) shall be provided to the city or its designee no later than July 1 of each year. (f) If the self-hauler fails to provide records required in section 58-45(c), the self-hauler may be cited for violation of this section and may be subject to enforcement pursuant to Section 1-24 of the Azusa Municipal Code.
(g) Persons performing gardening and landscaping maintenance services for hire (collectively referred to as “gardeners”) for commercial, industrial, institutional customers, and homeowners’ associations who desire to transport and dispose of green waste shall obtain a self-haul permit from the City and shall transport green waste to permitted solid waste facilities or green compost facilities only in vehicles owned or leased by the gardener and shall be required to provide a self-hauler records outlined in Section 58-45(c). (h) A single-family residential organic waste generator is not permitted to self-haul organic waste. Sec. 58-46. Compliance with CALGreen recycling requirements. (i) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply. Project applicants shall refer to Section 14-584 of the City's Municipal Code for the most current CALGreen requirements. (j) For projects covered by CALGreen, the applicants must, as a condition of the city's permit approval, comply with the following:
(1) Where five 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 green container materials, source-separated recyclable materials, and black container waste 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 Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended, provided that amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. (2) New commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of green container materials, source-separated recyclable materials, and black container waste consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste and C&D from disposal. Comply with city's C&D ordinance, as provided in Chapter 14, Article XVIII of City of Azusa Municipal Code, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
Sec. 58-47. Model water efficient landscaping ordinance (MWELO) requirements.
A. The compost and mulch use requirements for covered landscaping projects are defined in section 88.34.080 of the City of Azusa Municipal Code.
Sec. 58-48. Procurement requirements for city departments, direct service providers, and vendors.
The procurement requirements for city departments, direct service providers, and vendors to the city are defined in Article VII of the City of Azusa Municipal Code.
Sec. 58-49. Inspections and investigations.
(a) City or its designee is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city or its designee to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with section 58-40(b) of this chapter, city or its designee may conduct container inspections for prohibited container contaminants , and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to section 58-40(b)(10) of this chapter.
(b) Organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations 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 ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; 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 a city or its designee during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 7920.000 et seq. (d) City or its designee is authorized to conduct any inspections, remote monitoring, or other investigations of organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations, as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(e) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
Designee shall relay to city in writing all written complaints it receives concerning acts or omissions of itself or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints. All complaints shall be made in writing according to the specified information required in 14 CCR Section 18995.3.
Sec. 58-50. Enforcement.
(a) Violation of any provision of this chapter shall be enforced pursuant to Chapter 1 of the Azusa Municipal Code.
The Enforcement Table – List of Violations provided below is only intended as a summary of common violations and is not a full listing of all potential violations of Chapter 58 of the Municipal Code. All generators are required to comply with all applicable of Chapter 58 of the Municipal Code regardless of whether referenced in the Enforcement Table.
Violations of Chapter 58 are misdemeanors, but may be cited by the peace officer as either a misdemeanor, an infraction or an administrative citation. Each day an enforcement violation exists is a new violation and may be separately cited. (b) If a peace officer determines a violation of this section exists, the peace officer may issue an administrative citation for each day a violation exists, a violation of this chapter is punishable by an administrative fine not exceeding $1,000.00. This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city pursuant to the City of Azusa Municipal Code, including any civil, criminal and/or administrative action.
(c). Enforcement table—List of violations.
Requirement Description of Violation
Single-Family Generators Responsibility
Requirement Section 58-39
Single-Family generator shall subscribe to threecontainer collection services, as required by the city and outlined in this ordinance.
Commercial Business and Commercial
Business Owner Responsibility
Requirement
Section 58-40
Commercial Business shall provide or arrange for
three-container collection services consistent with
City requirements and as outlined in this ordinance
for employees, contractors, tenants, and customers,
including supplying and allowing access to
adequate numbers, sizes, and locations of
containers, and providing sufficient signage and
container color.
Organic Waste Generator Requirement
Sections 58-39 and 58-40
Organic Waste Generator shall comply with
requirements adopted pursuant to this ordinance for
the collection and Recovery of Organic Waste.
Self-Hauler Requirement
Section 58-45
A generator who is a Self-Hauler shall comply with
the requirements outlined in this section.
Commercial Edible Food Generator
Requirements
Section 58-42
Tier One Commercial Edible Food Generator shall
comply with any of the requirements outlined in this
section.
Organic Waste Generator, Commercial
Business Owner, Commercial Edible
Food Generator, Food Recovery
Organization or Food Recovery Service
Sections 58-40 and 58-42
Concerned entity shall provide or arrange for access
to an entity's premises for any Inspection or
investigation.
Food Recovery Services and Food
Recovery Organizations Requirements
Section 58-43
A Food Recovery Organization or Food Recovery
Service shall comply with the requirements
outlined in this section.
Unlawful Containers Section 58-54 Violator shall remove an unlawful container from the property after 24 hours of notification.
Sec. 58-51. Removal, transport other than by city or designee prohibited.
No person or entity shall remove or convey any residential or commercial solid waste from, upon, or along any public street or alley or public place in the city; provided, however, this section shall not apply to any person or entity in the employ of the city who shall be assigned to the work of solid waste disposal or to any person with whom the city has entered into a contract for the collection, removal and disposal of solid waste or to any employee of such contractor during the time the contract shall be in force.
Sec. 58-52. Prohibited types of disposal.
(a) All dumping of solid waste, hazardous waste, radioactive waste, and medical waste in the alleys, public lands, or vacant lots and along roadsides and piling or sweeping solid waste from lawns is unlawful and is guilty of a misdemeanor.
(b) Depositing solid waste, organic waste, hazardous waste, or other types of waste in another person’s private waste container, or upon private property shall be prohibited.
Sec. 58-53. Interfering with commercial/industrial containers.
A person or entity not having the lawful authority to do so shall not tamper with, injure, destroy, or remove any container, bin, or other equipment used for the storage of commercial/industrial solid waste.
Sec. 58-54. Unlawful containers.
All containers used within the city shall be owned and/or operated by either (a) the city, (b) the city's franchised hauler, or (c) self-hauler as defined in section 58-45. All other containers are unauthorized and may be tagged for violation of Section 58-45. It is unlawful for the container to remain for a period in excess of 24 hours from the notice.
Sec. 58-55. Residential containers to be removed when empty.
All residential solid waste containers shall be removed from the curb on the same date during which they are emptied.
Sec. 58-56. Residential collection fees.
(a) A monthly fee or such other charge from single-family residential units in the city for collection and recycling of residential solid waste service shall be collected on the basis of the fee schedule set forth in the agreement between the franchised hauler and the city.
Payment of such fees shall be made directly to the city's franchised hauler. (b) The franchised hauler shall have the right to bill and collect for its services quarterly and in advance of the rendition of services hereunder, but shall refund any unused portion of the amount collected in the event of termination of services. Such charge shall be collected upon billing by the city's franchised hauler and shall be payable upon presentation of a statement and shall be delinquent 30 days thereafter.
(c) Multi-family residential dwellings shall be billed based upon the service level and frequency of collection and not based on individual units or occupancy of the service location. Each service location shall have a responsible party. The franchised hauler shall have the right to bill and collect from the responsible party quarterly and in advance of the rendition of services for each service location. Such charges shall be collected upon billing by the city's franchised hauler and shall be payable upon presentation of a statement and shall be delinquent 30 days thereafter.
(d) No person or entity shall willfully fail, neglect or refuse to pay the fee prescribed in this section. In addition to any other penalties, the city may discontinue the solid waste collection service for nonpayment of any such fee. In addition, the fee shall become a civil liability and debt due to the franchised hauler from any person or entity upon whom the charge is imposed.
Sec. 58-57. Commercial and industrial collection fees.
(a) A monthly fee or such other charge from commercial and industrial customers in the city for collection and recycling of commercial or industrial solid waste service shall be collected on the basis of the fee schedule set forth in the agreement between the franchised hauler and the city. Payment of such fees shall be made directly to the city's franchised hauler. (b) The franchised hauler shall have the right to bill and collect for its services quarterly and in advance of the rendition of services hereunder, but shall refund any unused portion of the amount collected in the event of termination of services. Such charge shall be collected upon billing by the city's franchised hauler and shall be payable upon presentation of a statement and shall be delinquent 30 days thereafter.
(c) No person or entity shall willfully fail, neglect or refuse to pay the fee prescribed in this section. In addition to any other penalties, the city may discontinue the solid waste collection service for nonpayment of any such fee. In addition, the fee shall become a civil liability and debt due to the franchised hauler from any person or entity upon whom the charge is imposed.
Sec. 58-58. Collector entitled to payment.
(a) The City has elected to collect rates, fees, and charges for solid waste handling that are 60 days or more past due, by placing such delinquent amounts on the property tax roll pursuant to California Health and Code Sections 5471 and 5473 et seq. (b) The city or, its collector, the designated agency for the collection of fees, shall be entitled to payment from the owner for any collection services rendered. (c) If any owner fails to pay the collector for collection for a 60-day period, the account shall be deemed delinquent and the collector shall mail or email the owner a final request for payment for the amounts owed, plus penalties, including any additional charges to stop service. The final request shall include a warning notice that if the service charges are not paid within 30 days, they will be turned over to the city for placement on the tax rolls. The warning notice shall also include information concerning the additional administrative charges that will become due if a lien is recorded against the property.
(d) The form and content of the warning notice sent by the collector shall be approved by the director of administrative services of the city.
(e) Collector shall maintain, and make available to the city, a list of all delinquent accounts by parcel number(s), the name or names of the owner, the address of the property served, the period of the service, and the amounts due plus penalties, to the city. Based on such list, any owner who, as of June 1st of any given year, is delinquent as to any charges or penalties due as of March 31st of that same year, shall be sent, by mail, written notification that the director of administrative services, or his/her designee, will review all such delinquent accounts and will make a recommendation to the city council with respect to submitting the delinquent accounts to recorder of Los Angeles County no later than August 1, to be included as an assessment for the respective affected parcel on the county property tax rolls. Any owner whose property is so affected shall have the right to appear before the director of administrative services, or his/her designee, to contest placement on the property assessment rolls of the county. The director of administrative services, or his/her designee, shall set a time and place for a hearing before the director of administrative services, or his/her designee.
The city shall mail any such notices required hereunder, or request that the collector to mail such notices on behalf of the city. At the time of such written notification, a penalty shall be added to the delinquent account, to cover the administrative costs of any mailing and hearing procedure.
(f) Intentionally omitted.
(g) The director of administrative services, or his/her designee, shall prepare recommendations as to whether an assessment should be imposed upon the owner. The recommendations of the director of administrative services shall be forwarded to the city council. The city council shall adopt or modify the recommendations of the director of administrative services, or his/her designee, as it deems appropriate.
(h) If the city council approves the delinquent charges against the owner of the property and the owner fails to pay said charges, an assessment on the real property for which the service was rendered will be recorded with the recorder of Los Angeles County. (i) Delinquent charges which remain unpaid by the owner shall constitute a special assessment against the property to which the service was rendered and shall be collected at such time as established by the county assessor for inclusion in the next property tax assessment. (j) The director of administrative services, or his/her designee shall turn over to the county assessor for inclusion in the next property tax assessment the total sum of unpaid delinquent charges plus penalties for garbage collection service and administrative charges against the parcel of property situated within the city to which the service was rendered. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. The assessment shall be subordinate to all existing special assessment liens previously imposed on the property. It shall have priority over other liens except for those state, county and municipal taxes with which it shall have parity. Upon request from collector, and if available to the city, the city shall provide collector with a listing all existing liens, ordered by priority, imposed on the property. The assessment shall continue until the assessment and all interest and charges due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.
(k) The collector may charge the city, at the established collection rates, for those owners who are delinquent. Said charges shall cover the period during which the collector provided collection and disposal services for the delinquent owner. The city shall not become liable to pay such charges until the charges have been assessed against the owner and the county has disbursed funds covering said charges.
Sec. 58-59. Ownership of wastes and recyclables—Infractions. (a) Solid waste, including source separated recyclable materials, placed in city's franchised hauler-provided containers at the curb and any other solid waste placed at the curb, shall become the property of the city or the city's franchised hauler at the time of the placement at the curb.
(b) Nothing in this section shall limit the right of any person to donate, sell, or otherwise dispose of their own recyclable materials using their own equipment or transportation. Hiring a thirdparty contractor to collect source-separated solid waste, organic waste, and recyclable materials is considered a violation of Section 58-45.
Sec. 58-60. Effective date.
This chapter shall be effective commencing 30 days after the adoption.
SECTION 4: The Ordinance and its amendments shall take effect 30 days after the adoption.
SECTION 5: The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED this 21st day of September 2026. __________________________________
Edward J. Alvarez
Mayor
ATTEST:
__________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2026-07 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the 21st day of September 2026, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr.,
City Clerk
APPROVED AS TO FORM:
___________________________________
Burke Williams and Sorensen, LLP
City Attorney