Fontana City Council
February 8, 2022

ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA AMENDING ARTICLES I THROUGH IV, aND REPEALING ARTICLES V AND VI, OF Chapter 24 OF THE FONTANA MUNICIPAL CODE RELATING TO SOLID WASTE AND RECYCLING WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery (“CalRecycle”) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and 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”); and WHEREAS, the SB 1383 Regulations take effect January 1, 2022, and requires the City of Fontana to adopt an ordinance to enforce the SB 1383 Regulations by said date, and; WHEREAS, the City Council desires to amend its Solid Waste and Recycling Ordinance to comply with the SB 1383 Regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:

SECTION 1. Articles I through IV of Chapter 24 are hereby amended in their entirety as set forth in Exhibit A, incorporated by this reference.

SECTION 2. Articles V and VI of Chapter 24 are hereby repealed.

SECTION 3. Environmental review is not required because adoption of the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of governments not a project).

SECTION 4. If any section, subsection, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.

SECTION 5. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Fontana, California, and cause a summary to be published once within fifteen (15) days after its passage in a newspaper of general circulation, printed, published and circulated in the City in accordance with Government Code section 36933.

SECTION 6. This Ordinance shall take effect and be in full force 30 days after its adoption.

INTRODUCED on the ___th day of November, 2021, and PASSED AND ADOPTED by the City Council of the City of Fontana on this ___th day of November, 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ____________________________
Acquanetta Warren
Mayor
ATTEST:

By: ______________________________
Tonia Lewis
City Clerk
APPROVED AS TO FORM:

By: _______________________
Ruben Duran
City Attorney

CERTIFICATION
I, __________________, City Clerk of the City of Fontana, California, do hereby certify that the foregoing Ordinance was regularly introduced and adopted by the City Council of the City of Fontana, California, at an adjourned regular meeting thereof held on the __ day of ___________, 2021, by the following vote of the City Council:

AYES:

NOES:

ABSTAINED:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fontana this ___ day of ____________, 2021.

By: __________________________________
Tonia Lewis
City Clerk
Exhibit A
Chapter 24 SOLID WASTE AND RECYCLING

DEFINITIONS AND AUTHORITY
Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless it is apparent from the context that a different meaning is intended:

Authorized recycling agent means a person with whom the city authorizes or contracts with to collect its recyclable waste material. An authorized recycling agent may be a municipal collection service, private refuse hauler, private recycling enterprise, or private nonprofit corporation or association. (Pub. Res. Code § 40105).

CalRecycle means California's Department of Resources Recycling and Recovery and its successor.

City means the City of Fontana, California.

City manager means the chief administrative officer of the City of Fontana or his or her designee.

Collection means the operation of gathering together and transporting solid waste to a point of disposal and/or recycling or composting.

Collector means a person employed by the city or any person (or the agents or employees thereof) whom the city shall have duly licensed, franchised, granted a permit to, or contracted with, to collect, carry, transport, compost, and/or recycle solid waste, including organic waste and recyclable materials, within the city.

Commercial edible food generator includes a tier one or a tier two commercial edible food generator as defined in this chapter or as otherwise 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).

Commercial business 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 (5) units is not a commercial business.

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.

Container means any and all type of receptacles, including bins, cans, carts, or roll-off boxes, used for the storage of solid waste, recyclable materials, or organic waste.

Black container has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of black container waste.

Blue Container has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

Green container has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

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)(55).

Contractor means any person, persons, firm, corporation or partnership that has been issued a contract or franchise by the city council for the purpose of collecting, transporting, recycling, composting and/or disposing of solid waste.

C&D means construction and demolition debris.

Customer means any person, business, or other organization entering into any agreement with the city or with the collector for the collection, removal, disposal, composting and/or recycling of solid waste within the city.

Designated recycling collection location means the place where an authorized recycling agent has contracted with either the city or a private entity to pick up recyclable material segregated from other waste material. Designated recycling collection location includes, but is not limited to, the curbside of a residential neighborhood or the service alley of a commercial enterprise. (Pub. Res. Code § 40120).

Developed real property means any real property within the city with one or more structures erected upon it.

Disposal facility or facility means any facility or location where the disposal of solid waste occurs. (Pub. Res. Code § 40121).

Disposal site includes the place, location, tract of land, area, or premises in use, intended to be used, or which has been used for the landfill disposal of solid wastes. A disposal site includes a solid waste landfill as defined in Pub. Res. Code § 46027.

Dwelling, multiple. “Multiple dwelling” or “Multifamily dwelling” means a residential building designed for occupancy by more than one family, consisting of more than one living unit, even where there is no more than one water meter on such premises, but excluding hotels, motels and lodges. For purposes of Article III, a multi-family residential dwelling means residential premises with five (5) or more dwelling units.

Dwelling, single-family. “Single-family dwelling” means a detached building designed for occupancy by one family and consisting of a solitary living unit.

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

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.

Enforcement Officer means the City Manager, county administrative official, public works director, environmental control supervisor or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing this chapter.

Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, infectious or 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, would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State or Federal law, regulation, or ordinance.

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 that 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:

A food bank as defined in Section 113783 of the Health and Safety Code; A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

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 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.

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 waste means food scraps and food-soiled paper.

Garbage includes, but is not restricted to, every accumulation of animal, vegetable, or other material:

Resulting from the preparation and consumption of edible foodstuffs; or Resulting from decay, dealing, or storage of meats, fish, fowl, fruits or vegetables, including the cans, containers, or wrappers wasted along with such materials; or Such industrial, domestic and organic solid wastes or residue of animals sold for meat; or Fruit, vegetable and animal matter from kitchens, dining rooms, markets, food establishments or any other place using, dealing in or handling meats, fish, fowl, fruits, vegetables, grains, or other foodstuffs; or Offal, animal excrement or the carcasses of animals, fish or fowl. (San Bernardino County Uniform Environmental Health Code § 33.082(a)).

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).

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).

Gross annual receipts means any and all compensation and other consideration in any form whatsoever received directly or indirectly by the contractor from customers in payment for service received within the city.

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).

Hazardous waste means a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical, or infectious characteristics may do either of the following:

Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Unless expressly provided otherwise, “hazardous waste” includes extremely hazardous waste and acutely hazardous waste. (Pub. Res. Code § 40141).

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).

Health officer means the city manager or his or her designee.

Inspection means a site visit where a 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).

Industrial waste means solid waste resulting from industrial processes and manufacturing operations, including, but not limited to, wholesale add volume food processing waste, boiler house cinders, and chemical wastes. Industrial waste does not come from normal household operations.

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 chapter 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 or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

Multiple dwelling. See “Dwelling, multiple.”
Non-combustible rubbish means ashes, bottles, broken crockery, glasses, tin cans and other metallic substances and the like or similar articles or substances that will not incinerate.

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-municipal commercial recyclers means a person or business which collects recyclable materials from other businesses under a separate agreement with each business from which the materials are collected. A non-municipal commercial recycler does not handle solid waste and is not the city’s contracted municipal collector.

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 (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 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

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).

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).

Processing means the reduction, separation, recovery, conversion, or recycling of solid waste. (Pub. Res. Code § 40172).

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; (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; (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; and, (iv) excluded waste placed in any container.

Property owner means the person, persons, partnership or corporation having legal title to property or to whom the taxes on a property are assessed, as shown on the last equalized assessment roll of the County of San Bernardino, or alternately, from such other records of the county assessor or tax collector that may contain more recent information.

Recyclable materials or recyclables means material that is source-separated so that the material can be salvaged or recovered for reuse, or which has some potential economic value, and which is therefore set aside, handled, packaged, or offered for Collection in a manner different from other solid waste.

Recycler means a permitted commercial endeavor that includes collectors, distributors, regroupers or adapters of unused or under used materials that are put to different uses than originally intended.

Recycle or recycling means the process of collecting, sorting, cleansing, treating, and/or reconstituting materials that would otherwise become solid wastes, and returning 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. Recycling does not include transformation, as defined in Pub. Res. Code § 40201. (Pub. Res. Code § 40180).

Refuse means all putrescible and non-putrescible solid or liquid wastes, except sewage, whether combustible or non-combustible, and including garbage, rubbish, and trash.

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).

Roll-off containers or pull-on containers means any large detachable containers, 14 cubic yards or more in capacity, employed in a system of materials handling in which the loaded container is pulled onto the service vehicle mechanically and transported to an approved site for emptying.

Rubbish includes, but is not restricted to, all putrescible and non-putrescible waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris, litter, and other similar materials.

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 a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Senior citizen means an individual of 60 years or more who qualifies for the state homeowner’s property tax assistance and who has an annual income less than the median income, as established by San Bernardino County.

Single-family dwelling. See “Dwelling, single-family.”
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:

Hazardous waste, as defined in the State Public Resources Code Section 40141.

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).

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 reduction means any action which causes a net reduction in the generation of solid waste. Source reduction includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. (Pub. Res. Code § 40196).

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.

Source separated recyclable materials means source separated non-organic recyclables.

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, or as otherwise defined in 14 CCR Section 18982(a)(71).

Tier one commercial edible food generator means a commercial edible food generator that is one of the following:

Supermarket.

Grocery Store with a total facility size equal to or greater than 10,000 square feet.

Food Service Provider.

Food Distributor.

Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

Tier two commercial edible food generator means a commercial edible food generator that is one of the following:

Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

Hotel with an on-site food facility and 200 or more rooms.

Health facility with an on-site food facility and 100 or more beds.

Large venue.

Large event.

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.

A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

Transfer or processing station or station:

Includes those facilities used to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or used to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.

Does not include any of the following:

A facility, whose principal function is to receive, store, separate, convert, or otherwise process manure in accordance with minimum state standards.

A facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.

The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a solid waste collection and disposal business in accordance with regulations adopted pursuant to Pub. Res. Code § 43309. (Pub. Res. Code § 40200).

Transformation means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. Transformation does not include composting. (Pub. Res. Code § 40201).

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).

Declaration of policy.

The intent and purpose, of this chapter is to comply with state law on solid waste management, including management of organic wastes and recyclable materials, as it is found in Pub. Res. Code § 40000 et seq., as amended from time to time.

State law requires that local agencies such as the city control and reduce their waste streams. This reduction requires a change in the solid waste collection practices within the city to include organic waste management and recyclables. Because of these requirements, the city must establish and maintain collection of solid waste, including organic waste and recyclable materials.

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 the city, 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.

The accumulation, collection, removal, disposal, composting, and recycling of solid waste must be controlled by the city for the protection of the public health, safety and welfare and to contribute toward the diminution of health hazards and pollution in the city. The city council finds that to give practical effect to this policy, a comprehensive system for the periodic collection, removal, disposal, composting and/or recycling of solid waste from all premises in the city is essential and benefits all residents of the city; therefore, all such occupants are made responsible for the collection, disposal, composting, and/or recycling of solid waste.

The furtherance of the public health, safety and welfare requires the city council to determine whether solid waste collection, transfer, composting, recycling, and disposal services within the city shall be provided either by city officers and employees directly, or by contract(s) with qualified provider(s) of such services for the city. If the contract(s) option is selected by the city council, then specific, service and delivery-oriented contract(s) will be used. At the option of the city council, the contract(s) may be exclusive or non-exclusive.

The provisions of this chapter shall control in the event of any inconsistencies between this chapter and any other city ordinances, resolutions, or other written agreements.

Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell or otherwise dispose of recyclable materials which have not been discarded, provided that any such donation, sale or disposal is in accordance with the provisions of this chapter and applicable law, including, but not limited to, SB 1383 Regulations.

The city manager or authorized designee shall be responsible for reviewing solid waste, organic waste, and recycling services, contracts, permits, fees and rates and for making recommendations on the administration of the above to the city council for final action.

GENERAL PROVISIONS
General standards.

No person or entity, without a contract or permit from the city shall remove or convey any discarded solid waste, including organic wastes or recyclables, or cause or permit to be removed or conveyed, any solid waste upon, over, or along any street in the city. No person shall drive, operate or cause to be operated nor shall any person employ, permit or allow another to drive or operate or cause to be operated, any solid waste vehicle over any street of the city unless otherwise permitted regardless of whether such operation extends beyond the boundary limits of the city, without a permit first having been obtained from the city, except:

A vehicle being operated pursuant to a franchise issued by the authority of the California Public Utilities Commission or Interstate Commerce Commission.

Any vehicle operated by a governmental agency.

A solid waste vehicle, both of whose point of origin and destination are outside the city limits, provided it complies with the provisions of section 24-17.

It is unlawful for any person to deposit, cause or permit to be deposited, any solid waste upon or in any street or public right-of-way in the city or upon any property owned or leased by the city except in receptacles specifically approved for such purpose by the city.

It is unlawful to dispose of dirt, rocks, stones, or concrete in a receptacle that could cause personal or property damage to the authorized collector or the city. It is unlawful to dispose of solid waste in any manner that is offensive or would adversely affect the health, safety and welfare of the city.

All vehicles transporting solid waste in or throughout the city shall be adequately covered and/or otherwise equipped to prevent the blowing out of solid waste, leaking of liquids from solid waste or the falling of solid waste from moving vehicles upon the roadway and adjacent properties. Owners of such vehicles used in connection with the collection, removal, disposal, composting and/or recycling of solid waste within the city shall pay for and obtain all appropriate licenses, permits, fees, and other forms of permission including, but not limited, to a city business license pursuant to Chapter 15 of the Code of the City of Fontana.

It shall be unlawful for a person or entity to engage in solid waste, organic waste, or recyclable materials collection or hauling, recycling, composting, or other related commercial activity, except where exempted by this chapter, without possessing an applicable unexpired, unsuspended, unrevoked franchise, contract, or permit to do so issued by the city agency and having paid the appropriate fees to the city.

No person, other than an authorized recycling agent of the city, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials which have been segregated from solid waste materials and placed at a designated collection location in approved contractor’s containers for the purposes of collection and recycling. No person shall be subject to an action for a violation of this section unless that person knows, or reasonably should know, that the materials would otherwise be collected by the city’s authorized recycling agent for the purpose of recycling the materials. Nothing in this subsection limits the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials, provided that such donation, sale or disposal is in accordance with the terms and provisions of this chapter.

All persons in the city owning developed real property for residential use shall subscribe to the city’s solid waste collection services, including organic waste and recyclable materials collection services, meeting the provisions of this chapter, unless granted a waiver pursuant to section 24-23 or a variance pursuant to section 24-82 of this chapter.

Every person in the city who has the occupancy, change or control of any non-residential, commercial/industrial use shall subscribe to commercial solid waste collection services pursuant to the provisions of this chapter unless granted a waiver pursuant to section 24-23 or a variance pursuant to section 24-82 of this chapter.

Storage and accumulation standards.

Storage areas. It is unlawful for any person to keep, accumulate or permit to be kept or accumulated, any solid waste in or upon any public or private place unless the same shall be in a container having a close-fitting cover. The container shall be closed at all times except when opened to be filled or emptied. It shall be the duty of the property owner to keep the solid waste container storage area clean and sanitary.

Frequency of solid waste, organic waste and recyclable materials pickup. All solid waste created, produced, or accumulated in or about a dwelling, house, or place of human habitation shall be removed from the premises at least once each seven-day period to an approved disposal facility. All solid waste created, produced, or accumulated at hotels, restaurants, boardinghouses, or other businesses where solid waste containing garbage is accumulated shall be removed from the premises at least twice each seven days to an approved disposal facility. All other solid waste shall be removed from the premises at least once each seven days to an approved disposal facility. The city manager may require a greater number of collections per week upon finding that an unhealthful, unsightly, or public nuisance condition is created by adhering to the customer’s current collection frequency.

Pickup of recyclables shall be at made at the frequency specified by the city, unless the city manager determines that the uncollected recyclables may cause a nuisance and the city manager may require more frequent collection. The city manager may recommend to the city council that services by contract be provided on a more frequent basis than the minimums set forth herein.

Container; manner of placement. Each collection container shall be kept on the premises of the person utilizing the container, except that on the days designated for collection, it shall be placed for collection as follows: 1) on the curb in front of the premises occupied by the person; or 2) on the curb at the side of the premises where the premises are adjacent to more than one street. When the premises is adjacent to a paved alley of sufficient width to allow easy passage of the collection trucks, the container may be placed within two feet of the rear property line of the premises, and must be readily accessible for collection from the alley or at such other location as approved by the city manager.

Each solid waste collection container that the customer wants picked up shall be so placed for each respective collection period not later than the hour upon which the collection is scheduled to commence in the district in which the premises are located, and shall not be placed earlier than 24 hours to the time that the collection is scheduled to commence, and shall not remain, when placed at the curb, for more than 12 hours after the time of collection.

Storage of containers shall be consistent with the city’s general plan, zoning and development ordinances and other approvals.

Nuisance and vector standards.

Because various organisms, particularly insects and rodents, have been known to transmit pathogens in unsanitary, unattended or exposed solid waste, no person shall remove any material from any solid waste receptacle, including organic waste or recyclable materials containers, with or without the occupant’s or property owner’s permission. Therefore, the following shall be observed:

Preparation of household wastes. Wet refuse shall be placed in the designated containers in a manner that will not create a nuisance, odors and/or vector breeding.

Hazardous, infectious, toxic and dangerous wastes. No dead animals, human waste, infectious wastes, hazardous wastes, toxic wastes and/or dangerous materials (such as explosives) shall be placed in containers for disposal with ordinary solid waste, organic waste, or recyclable materials. Infectious wastes, hazardous wastes, toxic wastes, and other dangerous materials (including crankcase oils, solvents, wet paints, or similar materials) shall be stored and transported in accordance with all applicable federal, state and local codes.

Container maintenance standards.

Duty of person served to keep receptacles clean and sanitary. It shall be the duty of every person or business receiving residential and commercial solid waste collection service within the city to keep the solid waste receptacle(s) used for storage and collection in a clean, sanitary, and an unbroken condition.

Authorized receptacles and collection method for solid waste and recycling. In order to meet state organics and recycling mandates in the most cost-effective means possible, it is necessary to standardize the solid waste, organic waste, and recycling receptacles and collection. The city (or contractor) shall provide 30 days’ notice of the change in standardized containers or collection method after which time only the approved, contractor- or city-provided standardized containers and collection method shall be used.

All receptacles used for municipal residential and commercial solid waste, organic waste, and recyclable materials collection shall be provided by the collector or by the city. After being emptied by the collector or the city, each receptacle shall be set down in an upright, quiet manner with a lid intact.

All single-family residences and multiple-dwellings of two to four units will be provided with at least one standardized solid waste, organic waste, and recyclable materials container per dwelling unit. Multiple-dwellings of five or more units shall use dumpster type containers unless otherwise approved by the city. The standardized containers shall be:

A size, type, color and material approved by the city in accordance with SB 1383 Regulations.

Owned by the contractor or the city; the containers’ replacement costs are to be included in the rates.

Repaired and/or replaced at the contractor’s expense upon notification by the city or on the contractor’s own initiative.

Roll-off and dumpster containers shall be standardized and approved by the city.

Condemnation of containers. If the provisions of this chapter are not fully complied with, the collector or the city manager shall have a tag placed on the container or provide such other notification in accordance with the SB 1383 Regulations which states how the receptacle is out of compliance with this chapter. No collection shall be made therefrom until such container’s cited deficiencies are corrected. In such event, replacement shall be provided within 24 hours. .A MUNICIPAL RESIDENTIAL AND COMMERCIAL COLLECTION SERVICES To be provided for and supervised by city.

The collecting, composting, disposing, and recycling of all municipal solid waste and the billing for those services may be made either directly by city forces or by letting a contract or franchise. The city shall have charge and supervision of such services for the various parts of the city so as to insure conformance with the provisions of this chapter, and may change the same from time to time. When the routes or days of collection are established or changed, the notice shall be given in such manner as deems best by the city manager.

It is unlawful for any person to hire, contract, or enter into agreement with any collector not franchised, contracted or permitted by the city.

It is unlawful for any collector granted a contract, franchise or permit under this chapter to conduct any operation or give any service other than the service authorized by the city.

The city council, upon recommendation of the city manager, may terminate, revoke or suspend a contract or franchise if, in the judgment of the city council, the conditions of this chapter or contract or franchise have not been met.

Records, vehicle, and storage site inspection.

It shall be the duty of the city manager to have inspected and supervise all trucks, carts, or other vehicles used by the contractor(s) in the collection, composing, disposal, and recycling of solid waste; the city manager is to see that such vehicles are kept clean and sanitary and in a like-new condition; The city manager shall inspect and insure that all places where vehicles, solid waste, organic waste and recyclables are stored after collection are clean and sanitary.

The city manager shall have the right to inspect any and all books and records of any collector at any and all reasonable times, and any collector under this chapter shall keep adequate and complete books and records providing such detail as the city may require. Failure to keep and maintain such books and records shall be grounds for suspension of any contract, franchise or permit issued hereunder.

Insurance required.

If a contractor or franchisee is used for solid waste collection, recycling, composting and/or disposal, the contractor shall provide comprehensive general liability and automobile insurance in the minimum limits set forth in the applicable contract or franchise.

Surety bond required.

The contractor or franchisee who contracts with the city for the collection, disposal, removal, composting, and/or recycling of solid waste shall be required to furnish a surety bond to the city in a form and an amount satisfactory to the city, but in no event less than $200,000.00, conditioned upon the faithful performance of the contract and/or franchise and the provisions of this chapter, to collect, recycle and compost all solid waste in the city, and transport the same through the streets and public rights-of-way of the city to such destination as provided in this chapter.

Franchise fees to be paid to the city by the contractor.

If the contractor or franchisee option is selected, the contractor shall pay to the city a contract or franchise fee as set by the city council at the time of entering a contract.

Owner may contract for excess collection.

Any owner or occupant of any premises may contract with the contractor for special haul services for the removal of solid waste in excess of regular services provided by the contractor under contract or franchise with the city.

Collection schedule.

All solid waste shall be collected and removed as scheduled, except Sundays, New Year’s Day, Memorial Day, Labor Day, Thanksgiving Day, July 4th, and Christmas Day.

Collection hours.

The collection hours shall be fixed at 7:00 a.m. through 5:00 p.m. on Mondays through Saturdays for residential customers and 5:00 a.m. through 7:00 p.m. on Mondays through Saturdays for commercial/industrial customers except when the latter borders on residential property, or when a holiday falls on a collection day.

Collection fees to be paid by customers.

Every person in the city who has the occupancy, charge or control of any place or premises within the city where any solid waste accumulates, with the exception of residential and commercial rental units, shall pay a fee in such amounts and in such manner as shall be established by resolution of the city council for the service of having such solid waste collected and removed from the place or premise and for meeting the costs of meeting the requirements of the California Integrated Waste Management Act, Pub. Res. Code § 40000, et seq., as amended from time to time.

In the case of residential and commercial rental units, the property owner of record shall be responsible for paying the fees established by city council resolution.

Nothing in this section is intended to prevent an arrangement; or the continuance of an existing arrangement, under which payments of solid waste collection fees are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the property owner’s obligation to the contractor and/or the contractor’s obligation to the city.

All fees for residential collection service, including all single-family residences and multiple dwellings of two to four units, shall be considered debts owed to the city until they are paid. If they are not paid within a 90-day period, the city may place a lien against the property where the unpaid debt was accrued. The city may collect such unpaid fees pursuant to the procedures set forth in section 24-85.

All fees for commercial collection service, including all commercial use accounts and multiple dwellings of five or more units utilizing dumpster type containers, shall be billed and collected in accordance with procedures adopted by contract and approved by the city. All bills for collection shall be considered debts owed to the city until they are paid. If fees are not paid within 45 days of billing date, collection service will be suspended until all fees are paid. If they are not paid within a 90 day period, the city may place a lien against the property where the unpaid debt was accrued. The city may collect such unpaid fees pursuant to the procedures set forth in section 24-85.

It is unlawful for any person to request or receive services of the collector with the intent to defraud the collector or the city or to use the city’s recyclables for a purpose other than off-setting the costs of the city’s solid waste collection, disposal, recycling or composting expenses.

Fees to be based on types of occupancies.

The fees to be paid for the service of having solid waste collected and removed by occupants or other persons having charge or control of any place or premises in the city shall be based on the type of occupancy and use of the place or premises in the city. Notices of any rate adjustments must be mailed at the contractor’s expense to all customers of the contractor.

Discrimination of rates and charges for pickup. It shall be unlawful for any collector or any agent or employee thereof covered by this chapter to charge, collect, demand, receive, arrange, solicit or bargain for any amount of compensation in excess of or less than the rates and charges established and authorized by the city.

Vehicle requirements.

All solid waste transported under the municipal residential and commercial solid waste collection article of this chapter, Article III.A, shall be transported in containers or truck bodies that are water-proof and so constructed as to prevent solid waste or liquid therein from falling, leaking, spilling or escaping or causing noticeable odor therefrom. The solid waste, from the time that the last pickup is placed upon the truck and taken to the point of disposal, shall be covered by a tarpaulin or other suitable covering. Every truck so used for the hauling of solid waste shall have a new appearance on the exterior and be washed at least once a week and steam-cleaned once a month and kept in a well-painted condition. All solid waste shall be removed, conveyed and disposed of in such a manner so not to be a nuisance, menace, or danger to the public peace, health and safety, and shall be in accordance with any rules or obligations as provided by the city council.

Disposal; locations and conditions.

The contractor who contracts with the city for removal and disposal of solid waste shall dispose of same in such locations and under such conditions as may be approved by the city.

At the request of either the city or a commercial customer, the contractor shall supply a rolling container with lockable tops at the customer’s collection site. The contractor may charge a fee to the customer for setup, maintenance and replacement of missing or broken locks, provided the fee is approved in the city council’s current fee-setting resolution. The tops are to remain locked at all-time except when the customer loads the container or the contractor unloads or replaces it.

At the request of the city, any commercial container is to be emptied and its contents are to be properly disposed of on the same day the request is made; this is to take place regardless of when the container is normally scheduled for pickup. The customer is to be billed for the extra pickup. The city will monitor the situation and may order the permanent placement and disposal for an additional container or increase in level of service if the earlier number of containers is inadequate to protect the general health, safety and welfare of the public. In that case, the commercial customer shall pay for the additional container(s).

Additional containers.

Installation of additional containers shall meet all planning and zoning requirements.

An additional charge may be required for additional containers.

Setting the rates; fees and charges and service levels to residential and commercial customers.

The rates and fees to be charged the customer for residential or commercial collection shall be as prescribed and set forth in the rate schedule by the city manager and thereafter revised by the city council. The rate as finally set by the city council shall become effective upon adoption thereof, or such other time as specified. .B Mandatory Organic Waste Disposal Reduction
Requirements for single-family organics generators.

Single-family organic waste generators, except generators that meet the self-hauler requirements in Section 24-27 of this chapter, shall comply with the following requirements:

Generators shall subscribe to the city’s s organic waste collection services. Generators shall participate in city’s s organic waste collection services by placing designated materials in designated containers. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; a generator shall adjust its service level for its collection services as requested by the city.

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.

Food waste shall be placed in the green container in a manner consistent with the solid waste collector’s instructions on use of the green container, e.g., placing identified food wastes in plastic bags before placement in the green container, as applicable .

Generators shall not place prohibited container contaminants in collection containers.

Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

Requirements for commercial business organics generators.

Organic waste generators that are commercial businesses, including multi-family residential dwellings, shall:

Subscribe to the city’s organic waste collection services. Generators shall participate in and comply with the city’s organic waste collection services by placing designated materials in designated containers. Generators shall not place prohibited container contaminants in collection containers. The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city.

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.

Food waste shall be placed in the green container in a manner consistent with the solid waste collector’s instructions on use of the green container, e.g., placing identified food wastes in plastic bags before placement in the green container, as applicable .

Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections (c)(1) and (c)(2) below) for employees, contractors, tenants, and customers.

Excluding multi-family residential dwellings, provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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.

Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in Subsection (c) pursuant to 14 CCR Section 18984.9(b).

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 color code container collection service.

Excluding multi-family residential dwellings, periodically inspect organic waste collection containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.

Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials and the location of containers and the rules governing their use at each property.

Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with this Article to confirm compliance with the requirements of this Article.

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).

Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements pursuant to Section 24-24.

Failure to comply with the provisions of this section is a violation of this Article and may result in the penalties described in Section 24-29.

Waivers for generators.

The city, at its sole discretion and in accordance with 14 CCR 18984.11, may elect to provide any, all, or none of the waivers listed below De minimis waivers. The city may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this Article 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. Commercial businesses requesting a de minimis waiver shall:

Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Subsection (a)(2) below.

Provide documentation that either:

The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in the recyclable materials or organic waste containers comprises less than 20 gallons per week per applicable container of the business’ total waste; or, The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recyclable materials or organic waste containers comprises less than 10 gallons per week per applicable container of the business’ total waste.

Notify city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

Provide written verification of eligibility for de minimis waiver every five (5) years, if city has approved a de minimis waiver.

Non-transferable physical space waivers. City may waive a commercial business’ or property owner’s obligations (including 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. A commercial business or property owner may request a physical space waiver through the following process:

Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

Provide documentation that the premises lacks adequate space for recyclable materials containers and/or organic waste containers including documentation from its hauler, licensed architect, or licensed engineer.

Provide written verification to the city that it is still eligible for physical space waiver annually every, if city has approved an application for a physical space waiver.

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 recyclable materials container, black container, or both once every fourteen days, rather than once per week.

Review and approval of waivers. Any waivers available under this section shall be reviewed and approved by the city manager or designee.

Requirements for commercial edible food generators.

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.

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.

Commercial edible food generators shall comply with the following requirements:

Arrange to recover the maximum amount of edible food that would otherwise be disposed.

Contract with, or enter into a written agreement with food recovery organizations 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.

Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

Allow the city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

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).

A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

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

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

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

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

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.

Nothing in this Article 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).

Requirements for food recovery organizations and services.

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):

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

The quantity in pounds of edible food collected from each commercial edible food generator per month.

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

The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

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):

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

The quantity in pounds of edible food received from each commercial edible food generator per month.

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

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).

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 the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) April 1 upon request from the city.

Food recovery services and food recovery organizations. 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 request for information within sixty (60) days.

Requirements for haulers and facility operators.

Requirements for haulers.

Exclusive franchised haulers 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:

Through written notice to the city on or before the effective date of the agreement or most recent amendment and annually thereafter on or before the anniversary of the effective date, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated organic waste.

Transport source separated recyclable materials and source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2 Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.

Franchised haulers authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with the city.

Requirements for facility operators and community composting operations.

Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty (60) days.

Community composting operators, upon the City’s request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days.

Self-hauler requirements; residential only.

Self-hauling of solid waste, in lieu of subscribing to the city’s collection service under this chapter, shall be permitted only for residential customers or occupants of residential premises who have received a variance under Sections 24-23 or 24-82, or for residential customers or occupants of residential premises hauling recyclable materials to sell or donate as allowed under Section 24-11(f). Self-hauling of solid waste, recyclable materials and/or organic waste shall not be permitted for commercial or industrial customers, or for construction contractors with respect to construction and demolition debris.

Each person removing solid waste, organic waste or recyclable from his own residential premises shall deposit such only at authorized sites and shall not deposit, leave, dump, drop, place or otherwise dispose of such solid waste or other waste upon any street, alley, waterway or other unauthorized or unimproved lot or land within the city.

Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

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.

Each person conducting a self-haul shall be in vehicles which are adequately covered to prevent the blowing out of solid waste.

Nothing in this chapter shall be taken as forbidding or curtailing an individual’s right to collect, donate, transport, dispose of or recycle his or her own solid waste or the solid waste from his or her premises over which he or she has control, in addition to subscribing to the required service.

Inspection and investigation.

City Enforcement Officer or its Designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this Article by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.

Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city representative or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this Article described herein. 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 Article and may result in penalties described.

Any records obtained by the city 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.

City Enforcement Officer or its Designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this Article, subject to applicable laws.

The 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.

Enforcement of article.

Violation of any provision of this Article shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city’s enforcement official or representative. Enforcement actions under this section are issuance of an administrative citation and assessment of a fine. Except as otherwise required by the SB 1383 Regulations, the city’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article and any rule or regulation adopted pursuant to this Article except as otherwise indicated herein. Fines shall be the minimum amounts required by the SB 1383 Regulations.

Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city’s staff and resources.

PERMITS FOR INDIVIDUAL AND SMALL COLLECTORS
Businesses required to be permitted.

Firms engaged in the nursery, tree service, gardening, landscaping, lawn maintenance, building construction, composting, and recycling businesses in the city shall be required to obtain a city permit for hauling solid waste, organic waste and/or recyclable over city streets. These persons or firms shall:

Pay for and maintain a current City of Fontana business license. A permit fee as set by the city council in the rate resolution shall be paid with the business license.

Ensure solid waste, organic waste, or recyclables are contained in a covered vehicle, including being under a tarp, so it will not blow away or create a traffic or pollution hazard.

As a condition of business license renewal, provide a report to the city, as specified by the city manager, on the amount and type of solid waste that was diverted by the permittee from landfills over the previous business license period. Such records shall further include all information required by the SB 1383 Regulations.

Removal of construction debris by other than the municipal solid waste contractor shall not be allowed within the city except by separate permit pursuant to this section.

Permits are non-transferable and may be terminated, revoked or suspended if the conditions of the permit are not met. 16498.00150\34434295.316498.00150\34434295.3
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