To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Stacey Chavez, Deputy City Clerk
Marissa J. Asistin , City Clerk
Justin J. Martin, Assistant City Manager
March 3, 2026
Recodification of the Laguna Niguel Municipal Code - Title 6 Updates
RECOMMENDATION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Title 6.
BACKGROUND
The Laguna Niguel Municipal Code ("Code") was originally adopted in 1989, coinciding with the City of Laguna Niguel's ("City") incorporation . Since that time, individual ordinances have been adopted and amended; however, a comprehensive recodification of the entire Code has not been completed in 35 years. As a result, portions of the Code have become outdated and inconsistent with current state law, City practices, and modern formatting standards .
Following a Request for Proposal, the City entered into an agreement with American Legal Publishing in late 2023 to update and recodify the Laguna Niguel Municipal Code.
American Legal Publishing's legal department performed a comprehensive technical , legal, and editorial analysis of the existing Laguna Niguel Municipal Code. The analysis included a statutory and case law comparison to identify conflicts, inconsistencies, preemptions , and other potential problems, as well as a review for internal discrepancies such as duplications , ambiguities , and obsolete terminology . Staff also worked with the City Attorney 's Office to identify additional revisions, refine proposed language, and ensure that all updates accurately reflect current City practices, organizational structure, and applicable state law.
The recodification of the Laguna Niguel Municipal Code fulfills Goal 5 Strategy 8:
Comprehensive Municipal Code Update, of the City's adopted Strategic Plan.
ANALYSIS
The Laguna Niguel Municipal Code has undergone a comprehensive review by all City departments, the City Attorney 's Office and American Legal Publishing , resulting in the restructuring and revision of various provisions throughout the Code's titles.
While subject specific changes have been made in each Code title, non-substantive changes have been made throughout the entire Code.
Non-Substantive changes made throughout the entire Code include: updating city official titles; making grammatical corrections ; updating organization and numbering ; including gender-neutral language ; standardizing cross-references and editor's notes; and, adding legislative history notes.
Updates to individual Code Title 6 were also made as follows :
A majority of the substantive changes to Title 6 are contained within Chapter 3, Sewage and Solid Waste Disposal. These updates are intended to modernize , clarify, and ensure consistency throughout the Code. The updates generally fall into three categories:
1. Deletion of obsolete County language (approximately 70%) - Sections originally adopted from the County Code in 1990 were removed because they are outdated and no longer applicable .
2. Updates to reflect current City practices (approximately 20%) - Certain sections were removed or revised to align with the City's current operational practices and the terms of the City's franchise agreement.
3. Reiteration of existing authority (approximately 10%)- Limited provisions were added to restate existing language found elsewhere in the Title, as recommended by the City Attorney 's office, to ensure internal consistency and reinforce the City's administrative and enforcement authority.
TITLE 6: HEALTH AND SANITATION
Removed Various Sections in
Chapter 3
Removal of Obsolete Code
References
Terminology Updates
Sections (6-3-47, 6-3-48, 6-3-55, 6-3-56, 6-3-64, 6-
3-65, 6-3-67, 6-3-74, 6-3-74.1, 6-3-77, 6-3-87, 6-3-
88, 6-3-94, 6-3-97, 6-3-99 , 6-3-104 through 6-3-109,
6-3-114, 6-3-116 through 6-3-118, 6-3-124, 6-3-127,
6-3-128, 6-3-134, and 6-3-135) were removed
because they contained obsolete language originally
adopted from the County Code in 1990 that no longer
reflects the City's current practices and/or the terms
of the City's franchise agreement. The removal of
these sections improves clarity, reduces confusion,
and strengthens the overall organization and
enforceability of Title 6 while maintaining compliance
with applicable state reQulations.
References to the Uniform Fire Code have been
removed , as it is obsolete and has been replaced by
the California Fire Code.
• The abbreviation "CCR" has been replaced with
the fully written term "California Code of
Regulations" throughout the title.
Re-adoption of Former
Section 6-3-18
Consolidated Sections 6-3-18
through 6-3-39
Revised Former Section
6-3-44
Added Section 6-3-19
Revised Former Section
6-3-45
Added Section 6-3-21
Revised Former Section
6-3-57
Revised Former Section
6-3-58
• Obsolete terminology has been updated by
removing the term "Food Establishment" and
replacing "Mobile Food Preparation Unit" with
"Mobile Food Facility."
• "CalRecycle" definition has been updated to
clarify CalRecycle's overall responsibility for all
recycling and waste management programs in
California.
Lacked ordinance history; therefore , it will be
included in Section 6-3-17 and re-adopted to ensure
proper legal adoption and enforceability .
Sections were consolidated into a single,
reorganized Section 6-3-17 to streamline the Code
and improve organization without materially
changing the intent. Additionally , multiple definitions have been added for alignment with the various
provisions added through the Title.
Renumbered as Section 6-3-18, restating existing
language found elsewhere in the title related to
Senate Bill 1383 requirements.
Restating existing language found elsewhere in the
title related to Senate Bill 1383 requirements .
Renumbered as Section 6-3-20 and revised for
alignment with current City waste collection practices
without changing the underlying policy intent.
Restating existing language found elsewhere in the
title related to Senate Bill 1383 requirements .
Renumbered to Section 6-3-22, and the language
has been revised to update terminology (including
replacing "permittee" with "hauler"), clarify that rates and charges are subject to City Council approval,
and modernize administrative provisions related to
rate setting.
Renumbered to Section 6-3-23, and the language
has been revised to clarify billing timelines and
payment terms for residential and commercial
Revised Former Section
6-3-66
Revised Former Section
6-3-75
Revised Former Section
6-3-78
Revised Former Section
6-3-84
Revised Former Section
6-3-85
Added Sections
6-3-29, 6-3-30, 6-3-31, 6-3-32
and 6-3-33
Added Section 6-3-34
collection services, including aligning payment
provisions with the applicable franchise agreement.
Renumbered to Section 6-3-24, and the language
has been revised to update terminology (e.g., "permit
holder" to "hauler") and align enforcement and
service denial procedures with the hauler's franchise
agreement.
Renumbered as Section 6-3-25 and revised to clarify
the City Council's authority to establish bond,
insurance, and indemnity requirements through
franchise agreements .
Renumbered as Section 6-3-26 and revised to
update terminology (including replacing "permittee"
with "hauler" and clarifying references to permits and
franchises) and clarify City Council approval
requirements for transfers , assignments , or
management changes .
Renumbered as Section 6-3-27 and revised to
include modernizing terminology (including replacing
"collector/permittee " with "hauler") and clarify that
vehicle and equipment standards are governed by
the applicable franchise agreement.
Renumbered as Section 6-3-28 and revised to
include modernizing terminology (including replacing
"permittee/collector " with "hauler") and aligning the
section with current franchise agreement
requirements.
Restating existing language found elsewhere in the
title related to Senate Bill 1383 requirements.
Added to formally incorporate CALGreen
construction and demolition (C&D) requirements into
the Municipal Code and ensure local enforceability .
It clarifies that projects subject to CALGreen must
comply with state-mandated recycling and diversion
standards and establishes clear authority for the City
to administer and enforce those requirements
through its permitting process.
Revised Former Section
6-3-86
Renumbered Former Section
6-3-95
Revised Former Section
6-3-96
Revised Former Section
6-3-98
Renumbered Former Section
6-3-100
Revised Former Section
6-3-125
Revised Former Section
6-3-126
Revised Former Section
6-3-137
Revised Section 6-4-403
Revised Section 6-3-600
Renumbered as Section 6-3-35 and revised to clarify
the City's inspection, monitoring , and enforcement
authority related to solid waste, recycling, and
organic waste requirements . Restating existing
language found elsewhere in the title related to
Senate Bill 1383 requirements .
Renumbered as Section 6-3-36.
Renumbered as Section 6-3-37 and revised to
update terminology, remove outdated references,
and align its provisions with current state law and the City's reorganized solid waste regulations.
Renumbered as Section 6-3-38 and revised to
modernize language, remove obsolete provisions,
and ensure consistency . The updates clarify
administrative and enforcement authority where
applicable.
Renumbered as Section 6-3-39.
Renumbered as Section 6-3-40 and revised to
update terminology , remove outdated references,
and ensure consistency with the reorganized solid
waste provisions. Restates existing language found
elsewhere in the title related to Senate Bill 1383
requirements .
Renumbered as Section 6-3-41 and revised to
eliminate outdated language and align the
provisions . The updates ensure consistency with
current franchise agreements and the City's clarified
administrative and enforcement authority .
Renumbered as Section 6-3-42 and revised to
remove obsolete reference and align the section with
current franchise requirements.
Language was added to ensure consistency with
applicable stormwater regulations and providing
clear compliance standards.
Language was added to clarify that regulated parties
must adhere not only to the Municipal Code, but also
to all relevant federal, state, and local statutes and
regulations. This ensures the section remains legally
comprehensive , consistent with evolving laws, and
reduces the need for future amendments when
external laws change.
Revised Section 6-3-607
Removed Section 6-3-710
Revised Section 6-4-21
Revised Chapter 5,
Subchapter 3
Revised Sections 6-7-11,
6-7-12 and 6-7-17
Revised Section 6-9-9
Revised Citations
Added Complete Citations
Updates strengthen enforcement language to align
with the City's updated administrative authority.
Section was removed as it no longer reflects current
state law and could potentially conflict with future
updates to the State's Model Water Efficient
Landscape Ordinance (MWELO) .
Revised to ensure compliance with applicable Health
and Safety Code requirements .
Sections 6-5-40 through 6-5-46 were removed
because the City's policies and standards in this
subchapter lacked consistency , resulting in
implementation discrepancies and no longer
reflecting current state law. To align with the State's evolving regulatory requirements and the triannual
amendments to Chapter 2.7 of the Model Water
Efficient Landscape Ordinance (MWELO), new
sections were added to adopt the State's model
ordinance.
Language has been added to the "No Smoking"
provisions to clarify that restrictions apply in
accordance with state and federal law.
Language was removed to clarify that the section is
qoverned by the City's Municipal Code.
Citations throughout the sections have been revised
to reflect the correct references to applicable state
and federal codes, including the California Health
and Safety Code, California Fire Code, California
Code of Regulations, and California Government
Code. {Sections 6-3-210 , 6-3-700 , 6-3-711 , 6-4-14
and 6-5-1}
Complete statutory citations have been added to
multiple sections to improve clarity and accuracy,
including references to the California Code of
Regulations, Federal Bill Emerson Good Samaritan
Food Donation Act, California Public Resource
Code, Federal Clean Water Act, California Planning
and Zoning Code, California Waste Management Act
of 1989, and the California Retail Food Code.
{Sections 6-3-400, 6-3-401 , 6-3-403, 6-3-407 , 6-3-
600, 6-3-700, 6-3-704 , 6-3-711, and 6-5-45}
Updates to Title 6 of the Laguna Niguel Municipal Code (Attachment A) are intended to maintain clarity, consistency , and alignment with current law and City practices. These updates demonstrate the City's ongoing commitment to maintaining an efficient , transparent, and accessible municipal code ..
FISCAL REVIEW
There is no fiscal impact as a result of this report.
LEGAL REVIEW
No legal review is required for this report. Staff has worked closely with the City Attorney 's Office on the Municipal Code update and recodification project.
CONCLUSION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Title 6. ~o~~
City Manager
Kevin O'Connor
Assistant to the City Manager
Attachment:
A. Title 6 Updates: Health and Sanitation
Stac Y, have
DepuyCity Clerk
Scott C. Smith
City Attorney
ATTACHMENT A
Title 6 Updates: Health and Sanitation
Laguna Niguel, California, Code of Ordinances
TITLE 6 HEALTH AND SANITATION
TITLE 6
HEALTH AND SANITATION
Chapter 1. General Provisions (Reserved)
Chapter 2. Disease Control
Chapter 3. Sewage and Solid Waste Disposal
Chapter 4. Food and Sanitation
Chapter 5. Water Conservation
Chapter 6. Noise Control
Chapter 7. Public Smoking
Chapter 8. Flavored Electronic Cigarette Products
Chapter 9. Ambulance Service
Chapter 2 DISEASE CONTROL
Subchapter 1. Reserved, §§ 6-2-1—6-2-17
SUBCHAPTER 1. RESERVED
§ 6-2-1—6-2-17. Reserved.
Chapter 3 SEWAGE AND SOLID WASTE DISPOSAL
Subchapter 1. Construction Site Sanitation Facilities, §§ 6-3-1—6-3- 16 Subchapter 2. Solid Waste Management, §§ 6-3-17—6-3- 14742 Subchapter 3. Reserved, §§ 6-3- 14843—6-3-199
Subchapter 4. Hazardous Material Disclosure, §§ 6-3-200—6-3-399 Subchapter 5. Prohibition of Non-Stormwater Discharges into Storm Sewers, §§ 6-3-400—6-3-599
Subchapter 6. Construction and Demolition Waste Recycling Program, §§; 6-3-600—6-3-6 1099
Subchapter 7. Organic Waste Disposal Reduction, §§ 6-3-700—6-3- 71399
Subchapter 8. Special Collection, §§ 6-3-800 —6-3-899
SUBCHAPTER 1. CONSTRUCTION SITE SANITATION FACILITIES
§ 6-3-1. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Building inspector. The director of community development or their designee.
Person. Any person, firm or corporation, or any county, municipal corporation or public district of the state.
Sanitary facility. A water flush toilet approved by the health department connected to an approved sewage disposal system, or a chemical type toilet approved by the health department.
Work. The erection, construction, alteration, repair, razing, adding to, removal or demolition of any building; the construction or repair of any street, road, highway or railroad or installation of sewers or water lines; or the improvement of any grounds for parks, playgrounds or airports or for any similar purpose. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-2. Sanitary facilities required.
It shall be unlawful for any person to commence or proceed with any work, unless, before commencing or proceeding with the work, adequate and suitable sanitary facilities are provided for the use of persons employed on such work. The sanitary facilities provided shall be located upon the site upon which such work is being done, or, in case it is impractical to locate the facilities upon the site, such sanitary facilities must be located not more than 250 feet from the site of the work. Not less than one sanitary facility shall be provided for each 20 persons or fraction thereof employed upon the work.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-3. Specifications generally.
All sanitary facilities shall be completely enclosed on all sides and the top and shall be equipped with a self- closing door. The floor of the enclosure shall be six inches above ground level and shall be smooth, and screened ventilation shall be provided for the sanitary facility compartment. All sanitary facility enclosures shall have an inside area of at least 15 square feet for each sanitary facility enclosed. Each sanitary facility enclosure shall contain at least one sanitary facility with seat and cover and one separate urinal. The ceiling height of the sanitary facility enclosure shall be a minimum of six feet.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-4. Specifications in special situations.
(A) On work employing not more than 15 persons at any time on any premises that does not abut any street, alley or easement in which a public sewer is available for connection, or for the erection of a single dwelling, a pit privy may be maintained, in lieu of the sanitary facilities referred to in § 6-3-3. (B) The privy vault shall be at least three feet in depth and not less than six square feet in area. The foundation or floor thereof and the riser and seat therein shall be so constructed and maintained as to provide a completely flytight vault.
(C) No privy shall be constructed or maintained within four feet of the property line or within ten feet of any sidewalk or public way or within 50 feet of any residence or any premises used for residential purposes.
No privy shall be built or maintained within a radius of 500 feet from any grocery store, delicatessen, meat market, public eating place or school, or within 100 feet of a water well.
(D) Whenever the use of a privy vault is discontinued, the vault contents shall be covered to a depth of not less than one foot with compacted earth.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-5. Maintenance.
(A) All sanitary facility enclosures provided for by this article shall be maintained in a clean and sanitary condition at all times and shall be kept supplied with toilet paper. (B) Pit privies shall be disinfected with a suitable material to prevent odors and fly breeding. (C) Chemical type sanitary facilities shall be completely pumped out at sufficiently frequent intervals to prevent odors and overflowing and shall be recharged with a fresh non-skinburning chemical. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-6. Enforcement of subchapter.
It shall be the duty of the building inspector, the health department and all peace officers charged with the enforcement of law to enforce this subchapter and all the provisions of this subchapter. (Ord. 90-11, § 4, passed 3-6-90)
§§ 6-3-7—6-3-16 Reserved.
SUBCHAPTER 2. SOLID WASTE MANAGEMENT1
§ 6-3-17. Definitions.
For the purpose of this subchapter, the following words, terms, phrases and their derivations have the meanings given herein. Terms defined elsewhere in this chapter shall have the same meanings herein unless expressly defined in this subchapter. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. (Ord. 90-11, § 4, passed 3-6-90) Sec. 6-3-18. - Definitions (A).
Administrative department. The department of the city designated by the city council to administer this subchapter.
Administrative officer. The duly appointed officer of the city authorized to administer this subchapter, as designated by the city council.
Sec. 6-3-19. Definitions (B).
BACK-HAUL. 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 California Code of Regulations § 18982(a)(66)(A).
Blue container. Has the same meaning as in 14 California Code of Regulations § 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. The body of the blue container is either blue or black in color and the lid is blue in color for residential and commercial 35-, 64- or 96-gallon recyclable materials carts. The body of the blue container is white in color and the lid of the container is blue or black in color for two, three, four or six cubic yard commercial recyclable materials bins.
Board of supervisors. the board of supervisors of Orange County.
Sec. 6-3-20. Definitions (C).
California Code of Regulations. The State of California Code of Regulations, California Code of Regulations references in this subchapter are preceded with a number that refers to the relevant Title of the California Code of Regulations (e.g., “14 California Code of Regulations” refers to Title 14 of California Code of Regulations).
CalRecycle. California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing and enforcing SB 1383 Regulations on cities (and others).
City Enforcement Official. The City Manager, or other executive in charge or their authorized designee(s), who is/are partially or wholly responsible for enforcing the ordinance. See also Regional or County Agency Enforcement Official.
Commercial Business or Commercial. 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 California Code of Regulations § 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 subchapter.
Commercial Edible Food Generator. Includes a tier one or a tier two commercial edible food generator, as defined in this subchapter or as otherwise defined in 14 California Code of Regulations §§ 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 California Code of Regulations § 18982(a)(7).
Compliance Review. A review of records by the city to determine compliance with this subchapter.
Community Composting. 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 California Code of Regulations § 17855(a)(4); or as otherwise defined by 14 California Code of Regulations § 18982(a)(8).
Compost. Has the same meaning as in 14 California Code of Regulations § 17896.2(a)(4), that Compost means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
Compostable Plastics or Compostable Plastic. Plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 California Code of Regulations §§ 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
Collector means any person who operates a service for the collection and transportation of solid wastes from residential, commercial, institutional or industrial premises.
Commission means the waste and hazardous materials management advisory commission.
Container. receptacles for solid waste storage.
Container Contamination or Contaminated Container. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 California Code of Regulations § 18982(a)(55).
County Agency Enforcement Official. A regional agency enforcement official, designated by the city with responsibility for enforcing the ordinance in conjunction or consultation with city enforcement official.
C&D. Construction and demolition debris.
Sec. 6-3-21. Definitions (D).
Designee. An entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this subchapter as authorized in 14 California Code of Regulations § 18981.2. A Designee may be a government entity, a hauler, a private entity or a combination of those entities.
Direct Service Provider. A person, company, agency, district or other entity that provides a service or services to city pursuant to a contract or other written agreement or as otherwise defined in 14 California Code of Regulations § 18982(a)(17).
Disposal means to transfer, recycle, process or dispose of solid waste.
Disposal facilities means any combination of solid waste handling installations, including but not limited to disposal stations, transfer stations and recycling and processing plants.
Disposal station means a facility established, maintained and operated by the county for the disposal of solid waste.
Secs. 6-3-22, 6-3-23. Reserved.
Sec. 6-3-24. Definitions (G).
Edible food. Food intended for human consumption or as otherwise defined in 14 California Code of Regulations § 18982(a)(18). For the purposes of this subchapter or as otherwise defined in 14 California Code of Regulations § 18982(a)(18), EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this subchapter or in 14 California Code of Regulations, 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. An action of the city to address non-compliance with this subchapter, including, but not limited to, issuing administrative citations, fines, penalties or using other remedies.
Excluded Waste. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing or disposal, be a violation of local, state or federal law, regulation or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city’s, or its designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city or its designee to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment and disposal of batteries and paint in compliance with California Public Resources Code, §§ 41500 and 41802. EXCLUDED WASTE does not include used motor oil and filters, household batteries, universal wastes, electronic waste and/or latex paint when such materials are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.
Food Distributor. A company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 California Code of Regulations § 18982(a)(22).
Food Facility. Has the same meaning as in California Health and Safety Code § 113789.
Food Recovery. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 California Code of Regulations § 18982(a)(24).
Food Recovery Organization. (1) 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 California Code of Regulations § 18982(a)(25), including, but not limited to:
(a) A food bank as defined in the California Health and Safety Code § 113783; (b) A nonprofit charitable organization as defined in the California Health and Safety Code § 113841; and (c) A nonprofit charitable temporary food facility as defined in the California Health and Safety Code § 113842.
(2) A food recovery organization is not a commercial edible food generator for the purposes of this subchapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12 pursuant to 14 California Code of Regulations § 18982(a)(7).
(3) If the definition in 14 California Code of Regulations § 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(25) shall apply to this subchapter.
Food Recovery Service. 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 California Code of Regulations § 18982(a)(26). A FOOD RECOVERY SERVICE is not a commercial edible food generator for the purposes of this subchapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12 pursuant to 14 California Code of Regulations § 18982(a)(7).
Food Scraps. All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, fats, oils, grease and eggshells.
Food Service Provider. 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 California Code of Regulations § 18982(a)(27).
Food-Soiled Paper. 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. Food scraps.
Gray Container. Has the same meaning as in 14 California Code of Regulations § 18982(a)(28) and shall be used for the purpose of storage and collection of GRAY CONTAINER waste. The body and lid of the GRAY CONTAINER is black in color for 35-, 64- or 95-gallon residential and commercial solid waste carts. The body of the GRAY CONTAINER is blue in color and the lid of the container is black in color for commercial two, three, four and six cubic yard solid waste bins.
Gray Container Waste. Solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 California Code of Regulations §§ 18984.1(a) and (b), or as otherwise defined in 14 California Code of Regulations § 17402(a)(6.5).
Green Container. Has the same meanings as in 14 California Code of Regulations § 18982(a)(29) and shall be used for the purpose of storage and collection of source separated Green Container organic waste. The lid of the Green Container is green is color and the body is black in color for residential and commercial 35-, 64- or 95-gallon organic waste carts. The body of the Green Container is white in color and the lid of the container is green in color for commercial two-yard organic waste bins.
Grocery Store. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish and poultry; and any are 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 California Code of Regulations § 18982(a)(30).
Sec. 6-3-25. Definitions (H).
Hauler. Any solid waste collector or solid waste transporter who has been granted a franchise by the city council to engage in the collection, transportation or disposal of solid waste, recyclables or organic waste in the city.
Hauler Route. The designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 California Code of Regulations § 18982(a)(31.5).
Hazardous waste. means solid or liquid wastes with certain inherent dangers to people, animals, birds, fish or plants, including but not limited to toxic wastes, chemicals, explosives, pathological wastes and radioactive wastes. (1) All waste defined or characterized as hazardous waste by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6902 et seq.) in 42 U.S.C. § 6903(5) as amended from time to time, and all implementing regulations; (2) All waste defined or characterized as a hazardous substance pursuant to the provisions of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA” or “Superfund”), as in 42 U.S.C. § 9601(14), may be amended from time to time, and all implementing regulations; and
(3) All waste defined or characterized as hazardous waste by agencies of the state (including, without limitations, the Department of Health Services, the Department of Toxic Substances Control and CalRecycle) having jurisdiction over solid and hazardous waste. The term HAZARDOUS WASTE means in addition to any of the foregoing categories, those substances which are not normally permitted to be disposed of by generally accepted, sanitary landfill disposal methods, but which may be contained in solid waste streams. In the event of a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over HAZARDOUS WASTE, the broader, more encompassing definition shall apply.
High Diversion Organic Waste Processing Facility. A facility that is in compliance with the reporting requirements of 14 California Code of Regulations § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 75%, as calculated pursuant to 14 California Code of Regulations § 18815.5(e) for organic waste received from the Mixed Waste Organic Collection Stream as defined in 14 California Code of Regulations § 17402(a)(11.5); or as otherwise defined in 14 California Code of Regulations § 18982(a)(33).
Health officer means the city health officer or his duly authorized representative.
Highway. any street, road, alley, highway or thoroughfare.
Sec. 6-3-26. Definitions (I).
Industrial waste. any liquid or solid waste substance, not sewage, from any producing, manufacturing or processing operation of whatever nature.
Inspection. A site visit where the city, or County Health Agency Enforcement Official, 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 subchapter, or as otherwise defined in 14 California Code of Regulations § 18982(a)(35).
Secs. 6-3-27, 6-3-28. Reserved.
Sec. 6-3-29. Definitions (L).
Large Event. 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 California Code of Regulations § 18982(a)(38) differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(38) shall apply to this subchapter.
Large Venue. 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 the subchapter and implementation of 14 California Code of Regulations, 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 subchapter and implementation of 14 California Code of Regulations, 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 California Code of Regulations § 18982(a)(39) differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(39) shall apply to this subchapter.
Local Education Agency. 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 California Code of Regulations § 18982(a)(40).
Liquid waste. any waste, or combination of wastes, which is free flowing.
Multi-Family Residential Dwelling or Multi-Family. 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.
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 California Code of Regulations § 18982(a)(41).
Non-Local Entity. The following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 California Code of Regulations § 18982(a)(42):
(1) Federal facilities located within the boundaries of the city; and (2) State agencies located within the boundaries of the city, including all local education agencies.
Non-Organic Recyclables. Non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 California Code of Regulations § 18982(a)(43).
Notice of Violation or NOV. 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 California Code of Regulations § 18982(a)(45) or further explained in 14 California Code of Regulations § 18995.4.
Organic Waste. 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 California Code of Regulations § 18982(a)(46). Biosolids and digestate are as defined by 14 California Code of Regulations § 18982(a).
Organic Waste Generator. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 California Code of Regulations § 18982(a)(48).
Secs. 6-3-30—6-3-32. Reserved.
Sec. 6-3-33. Definitions (P).
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 California Code of Regulations § 18982(a)(51).
Permit area means those portions of the city designated on the official maps designating the solid waste collection permit areas of the city, including all amendments and changes thereto, which maps are incorporated in this article by reference and are on file in the administrative department and in the office of the city clerk.
Permit holder or permittee means any solid waste collector or solid waste transporter who has been granted a permit by the city council to engage in the collection, transportation or disposal of garbage or rubbish in a specific permit area in the city.
Person. any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, municipality, district or other political subdivision, or any group or combination acting as a unit.
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 California Code of Regulations § 18982(a)(54).
Processor. any person regularly engaged in the processing or recycling of solid wastes.
Prohibited Container Contaminants. The following:
(1) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (2) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (3) Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city’s green container and/or blue container; and
(4) Excluded waste placed in any container.
Sec. 6-3-34. Reserved.
Sec. 6-3-35. Definitions (R).
Recovered Organic Waste Products. Products made from state, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility or as otherwise defined in 14 California Code of Regulations § 18982(a)(60).
Recovery. Any activity or process described in 14 California Code of Regulations § 18983.1(b), or as otherwise defined in 14 California Code of Regulations § 18982(a)(49).
Recycled-Content Paper. Paper products and printing and writing paper that consist of at least 30%, by fiber weight, postconsumer fiber or as otherwise defined in 14 California Code of Regulations § 18982(a)(61).
Regional Agency. Regional agency as defined in California Public Resources Code § 40181.
Residential solid waste. solid waste from residential sources only, i.e., homes, apartments and other dwellings.
Restaurant. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 California Code of Regulations § 18982(a)(64).
Route Review. 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 California Code of Regulations § 18982(a)(65).
Rubbish means all nonputrescible wastes, including but not limited to paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-36. Definitions (S).
SB 1383. Senate Bill 1383 of 2016, approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7 and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the California Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as emended, supplemented, superseded and replaced from time to time.
SB 1383 Eligible Mulch. Mulch eligible to meet the annual recovered organic waste product procurement target, pursuant to 14 California Code of Regulations, Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 California Code of Regulations § 18993.1(f)(4):
(1) Produced at one of the following facilities:
(a) A compostable material handling operation or facility as defined in 14 California Code of Regulations § 17852(a)(12), that is permitted or authorized under 14 California Code of Regulations, Division 7, other than a chipping and grinding operation or facility as defined in 14 California Code of Regulations § 17852(a)(10);
(b) A transfer/processing facility or transfer/processing operation as defined in 14 California Code of Regulations § 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 California Code of Regulations, Division 7; or
(c) A solid waste landfill as defined in the California Public Resources Code § 40195.1 that is permitted under 27 California Code of Regulations, Division 2.
(2) Meet or exceed the physical contamination, maximum metal concentration and pathogen density standards for land application specified in 14 California Code of Regulations § 17852(a)(24.5)(A)1 through 3, as enforced by § 6-3-40(A).
SB 1383 Regulations or SB 1383 Regulatory. The short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 California Code of Regulations, Division 7, Chapter 12 and amended portions of regulations of 14 California Code of Regulations and 27 California Code of Regulations.
Self-Hauler. A person who hauls solid waste, organic waste or recyclable material they have generated to another person. SELF-HAULER also includes a person who back-hauls waste, or as otherwise defined in 14 California Code of Regulations § 18982(a)(66).
Single-Family. Of, from or pertaining to any residential premises with fewer than five units.
Solid waste. means all putrescible and nonputrescible solid or semisolid wastes including semi-liquid or wet wastes with insufficient moisture and other liquid contents to be free flowing, garbage, rubbish, ashes, demolition and construction wastes, and other discarded materials resulting from domestic, institutional, commercial, industrial, agricultural and community operations and activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources. Has the same meaning as defined in the California Public Resources Code § 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that SOLID WASTE does not include any of the following wastes:
(1) Hazardous waste, as defined in the California Public Resources Code § 40141; (2) Radioactive waste regulated pursuant to the California Radiation Control Law (Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the California Health and Safety Code); and (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the California Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in California Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the California Public Resources Code.
Solid waste handling. includes the storage, collection, transportation, treatment, utilization, processing, recycling and disposal of solid wastes.
Solid waste management system means the entire process, including but not limited to storage, collection, transporting, source reduction, recycling, processing or the ultimate disposal of solid waste.
Source Separated. 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 California Code of Regulations § 17402.5(b)(4). For the purposes of this subchapter, SOURCE SEPARATED shall include separation of materials by the generator, property owner, property owner’s employee, property manager or property manager’s employee into different containers for the purpose of collection such that SOURCE SEPARATED materials are separated from gray container waste or other solid waste for the purposes of collection and processing.
Source Separated Blue Container Organic Waste. Source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 California Code of Regulations § 18982(a)(43), or as otherwise defined by 14 California Code of Regulations § 17402(a)(26.7).
Source Separated Green Container Organic Waste. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper and textiles.
Source Separated Recyclable Materials. Source separated non-organic recyclables and source separated blue container organic waste.
State. The State of California.
Supermarket. A full-line, self-service retail store with gross annual sales of $2,000,000.00, 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 California Code of Regulations § 18982(a)(71).
Sec. 6-3-37. Definitions (T).
Tier One Commercial Edible Food Generator.
(1) A commercial edible food generator that is one of the following:
(a) Supermarket;
(b) Grocery store with a total facility size equa l to or greater than 10,000 square feet; (c) Food service provider;
(d) Food distributor; and
(e) Wholesale food vendor.
(2) If the definition in 14 California Code of Regulations § 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(73) shall apply to this subchapter.
Tier Two Commercial Edible Food Generator.
(1) A commercial edible food generator that is one of the following:
(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (b) Hotel with an on-site food facility and 200 or more rooms; (c) Health facility with an on-site food facility and 100 or more beds; (d) Large venue;
(e) Large event;
(f) 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; and
(g) A local education agency facility with an on-site food facility. (2) If the definition in 14 California Code of Regulations § 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(74) shall apply to this subchapter.
Transfer station. a supplemental transportation facility used as an adjunct to refuse collection vehicles.
Transporter. any person who transports solid waste from a central collection point to a processor or disposal facility.
Sec. 6-3-38. Reserved.
Sec. 6-3-39. Definitions (V).
Vehicle. any truck, trailer, semitrailer, passenger car, station wagon, pickup or conveyance used or intended to be used for the purpose of collecting, hauling or transporting solid waste upon public highways.
Wholesale Food Vendor. 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 California Code of Regulations § 189852(a)(76).
Secs. 6-3-40—6-3-43. Reserved.
Sec. 6-3-44. Solid waste storage. § 6-3-18 Requirements for single-family generators. (a) Garbage. Every person occupying or having charge or control of any premises in the city in or on which any garbagesolid waste may or does accumulate or exist shall place and keep all such garbagesolid waste, recyclables and organic waste upon the premises in a covered watertight metal or other impervious container, which shall meet the approval of the health department. Such container shall be kept in a sanitary condition and in good repair at all times.
(b) Mixed garbage and rubbish. Garbage and rubbish may be stored in the same container, which shall be of the type prescribed for garbage containers. Single-family waste generators shall comply with the following requirements, unless they meet the self-hauler requirements in this subchapter:
(1) Subscribe to the city’s organic waste collection services. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site and/or using a community composting site pursuant to 14 California Code of Regulations § 18984.9(c); and
(2) Participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described herein, and shall not place prohibited container contaminants in collection containers. The generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(c) Weight and capacity of containers. Except for mechanically dumped containers, the weight of containers, including contents, at time of collection shall not exceed 50 pounds. The container shall have a capacity of not more than 40 gallons.
(d) Nonconforming containers. Containers which do not conform to the standards of this section shall be tagged by the collectorhauler. The collectorhauler shall notify the administrative department and the health officer city after the second such violation for investigation and appropriate action. (e) Yard waste. Yard and tree trimmings shall either be placed in athe green container or in a bundle or bag or shall be securely tied in bundles measuring not more than four feet long and two feet in diameter and weighing not more than 50 pounds. Grass clippings shall be stored in the same manner as garbage. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-19 Requirements for Commercial Businesses.
Generators that are commercial businesses, including multi-family residential dwellings, shall:
(A) Subscribe to city’s three-container collection services and comply with requirements of those services as described below in division (B) below, except commercial businesses that meet the self-hauler
requirements in § 6-3-32. The city shall have the right to revise 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; (B) (1) Except commercial businesses that meet the self-hauler requirements in § 6-3-32, participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below.
(2) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.
(C) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with divisions (D)(1) and (D)(2) below) for employees, contractors, tenants and customers, consistent with city’s blue container, green container and gray container collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with § 6-3-32;
(D) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 California Code of Regulations § 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or
(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 California Code of Regulations § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(E) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in division (D) above pursuant to 14 California Code of Regulations § 18984.9(b); (F) 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 blue container, green container and gray container collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with § 6-3-32;
(G) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 California Code of Regulations § 18984.9(b)(3);
(H) Annually provide information to employees, contractors, tenants and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials;
(I) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property;
(J) Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with § 6-3-35 to confirm compliance with the requirements of this subchapter; (K) If a commercial business wants to self-haul, meet the self-hauler requirements in § 6-3-32; (L) 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 California Code of Regulations § 18984.9(c); and
(M) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 6-3-30.
Sec. 6-3-45. § 6-3-20 Solid waste removal.
(A) Solid waste created, produced or accumulated in or about an apartment house, a dwelling house or other place of human habitation shall be removed from the premises at least once each week. (b) Solid waste containing significant amounts of garbage created, produced or accumulated at motels, hotels, restaurants, boardinghouses or other like business establishments shall be removed from the premises at least once every four days. If conditions warrant, the health officer may require a greater frequency of removal.
(B) It is unlawful for the person having control or posse ssion of the premises described division (A) above to fail or neglect to provide for the removal of solid waste. Each day's violation of this section shall be treated and considered as a separate and distinct offense.
(C) Residential solid waste containers sh all be placed adjacent to the public highway, or curb thereon, not earlier than 24 hours before collection is scheduled and removed therefrom not later than 24 hours after collection. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-46. Reserved.
§ 6-3-21 Waivers for Generators.
(A) 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 subchapter if the commercial business provides documentation, or if the city has evidence demonstrating, that the business generates below a certain amount of organic waste material as described in division (A)(2) below. If the city has sufficient evidence demonstrating that a commercial business generates below a certain amount of organic waste as described in division (A)(2) below, it may verify that the commercial businesses’ organic waste generation meets the threshold without the receipt of a waiver application as described in division (A)(1) below. As part of the organic waste generation verification process, the city may request documentation from the commercial business as described in division (A)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in division (A)(2) below;
(2) Provide documentation that either:
(a) The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’ total waste; or (b) The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business’ total waste. (3) Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded; and (4) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.
(B) Physical space waivers.
(1) The 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 of §§ 6-3-18 or 6-3-19. (2) A commercial business or property owner may request a physical space waiver through the following process:
(a) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver;
(b) Provide documentation that the premises lacks adequate space for blue containers and/or green containers, including documentation from its hauler, licensed architect or licensed engineer; and (c) Provide written verification to city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
Sec. 6-3-47. Collector's permit required.
Except as otherwise provided in this article, no person other than a permit holder or permittee shall transport or collect solid waste in the city.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-48. Exemptions from collector's permit.
Any person hauling his own solid waste or solid waste generated by himself, such as persons hauling solid waste from their own residence or from farm agricultural operations; and public agencies or municipalities hauling solid waste; and industrial, commercial and building contractors hauling refuse generated by themselves shall not be required to have a permit. Any person hauling under a temporary special services contract collecting demolition or construction debris will not be required to obtain a permit. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-49—6-3-54. Reserved.
Sec. 6-3-55. Collectors serving community associations.
Collectors serving community or mutual homeowner associations in the city may be selected by the associations provided that the city council first determines that there is no existing permit holder in the permit area capable of collecting this residential solid waste at prices established for such service under section 6-3-57.
The collector shall comply with the associations' regulations and must also obtain a city permit as provided by this article and comply with all applicable city ordinances and regulations. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-56. Collection permit areas.
(a) The city shall be divided into permit areas for the purpose of solid waste collection and transportation, and they shall be designated by the city council.
(b) The administrative officer shall ma intain maps of the permit areas, which shall be kept on file in the administrative department and in the office of the city clerk. (c) The permit areas shall be designated by resolution and may be modified by the city clerk from time to time.
All permittees in any area affected by such modification shall be given 60 days' written notice before such modification is effected. It shall be unlawful for any person other than permit holders to operate a collection or transportation service within the city except as specifically authorized within the boundaries of a district. (d) Effective July 1, 1991, permit areas shall be serviced in the city by permittees on an exclusive basis. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-57. § 6-3-22 Charges for collection service.
(A) All charges for collection services sh all be approved by the city council. and shall be nondiscriminatory and uniform for equal services rendered. A permittee's residential rates within a permit area will be uniform.
Charges shall be based upon the number of containers, types of waste, number of separate pickup points at place of collection, placement of containers, distance of carryout, frequency of collection, location and
geographical terrain, and whether a commercial, industrial or residential collection. Charges for services in a permit area shall not be shared with a nonpermittee or a permittee from another permit area. (B) PermitteesHaulers shall permit access by the city, on demand of the administrative officer, to subscriber lists showing names and addresses of subscribers in the city, frequency of collection, the rate charged subscribers and the type of account, whether residential, commercial or industrial. (C) Application for rate changes shall be made in writing to the administrative officer. Changes in rates may be authorized by the city council after investigation and recommendation by the administrative officer. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-58. § 6-3-23 Payment for collection service.
Billings may be made so that payment for residential service is due quarterly, in advance, and commercial service is due monthly, in arrears, or as otherwise set forth in the franchise agreement. In lieu of advance quarterly payments, the subscriber may post with the collector a two-month payment deposit refundable upon termination of service and provided all bills have been paid.
(Ord. 90-11, § 4, passed 3-6-90)
Secs. 6-3-59—6-3-63. Reserved.
Sec. 6-3-64. Investigation of collectors.
(a) The administrative department may, if deemed nece ssary, require a permit holder to provide a verified current operating expense report to ascertain if fees charged subscribers are reasonable, nondiscriminating and uniform for equal service.
(b) Complaints of discrimination or overcharging by a customer shall be submitted, in writing, to the administrative department, and the administrative officer will conduct an investigation. The result of the investigation will be communicated in writing to the complainant and the involved permittee. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-65. Required collection services.
(a) The permit holder shall, when d eemed essential to the public health and safety by the health officer and directed by the administrative officer, provide collection service to any resident or to any commercial or industrial establishment located within the permit area desiring such collection service, at the regular rate. (b) The administrative officer may require the collector to provide service to an adjacent permit area, when necessary to ensure that adequate collection service is provided the public, at a rate to be approved by the city council.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-66. § 6-3-24 Suspension of collection service.
A permit holder hauler may deny service to a subscriber for reason of failure to pay his justtheir bill or for any substantial refusal to comply with the requirements of this Code, after giving the subscriber two weeks' notice and an opportunity to comply. The administrative department and the health officer shall be notified in writing of
any proposed service denial seven days prior to ceasing service to the subscriber. As provided in the hauler’s franchise agreement.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-67. Issuance or renewal of collection permit.
Permits shall be issued or renewed by the city council. Effective July 1, 1991, permits to provide residential and commercial solid waste collection services in the city shall be issued on an exclusive basis for each permit area. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-68—6-3-73. Reserved.
Sec. 6-3-74. Collection permit fees.
(a) Fees for permits issued under this arti cle shall be established by resolution adopted by the city council. Fees shall be paid in full annually, in advance, by July 1, and shall be computed to recover all costs of the city for administration and operation of the permit process. Fees will be allocated to each permittee in ratio to the number of subscribers served by the permittee.
(b) The fees provided for in this section shall be paid to the administrative department and deposited with the city treasurer. All such fees shall be credited to the waste management enterprise fund. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-74.1. Excavation of disposal facilities or disposal sites. (a) No person shall excavate any solid waste from a dispos al facility or disposal site and transfer the solid waste to a county-owned, county-operated or county-controlled disposal facility or disposal site unless permission to do so is first obtained from the board of supervisors after review and recommendation by the director of the general services agency of the county.
(b) Solid waste excavated from disposal facilities or disposal sites and transferred to county-owned, county- operated or county-controlled disposal facilities or disposal sites shall be subject to fees. These fees shall be paid to the county in accordance with the procedures set by the county auditor-controller at rates set by resolution adopted by the board of supervisors.
(c) The director of the general services agency of the co unty shall have the authority to control all aspects of the disposition of materials excavated from disposal facilities or disposal sites. This includes but is not limited to point of delivery, time, day and rate of delivery and any mitigation measures deemed appropriate. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-75. § 6-3-25 Bond and insurance for collectorsHaulers. (A) The city council from time to time may , by resolution, establish bond requirements for permitteeshaulers as it may deem necessary.
(B) Concurrently with the issuance or renewal of a permit, the permittee shall: The City Council may further include insurance and indemnity requirements in any franchise agreement. (1) Obtain and keep in force, during the term of the permit, insurance coverage acceptable to the city.
(2) Agree to appear and defend all actions against the city arising out of the exercise of such permit, and shall indemnify and save the city and its officers, employees and agents harmless of and from all claims, demands, actions or causes of actions of every kind and description resulting directly or indirectly, arising out of or in any way connected with the exercise of such permit. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-76. Reserved.
Sec. 6-3-77. Cancellation of collector's permit.
If a permit remains inactive for 30 consecutive calendar days, it may be canceled by the city council. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-78. § 6-3-26 Transfer of collector's permit franchise.
The permittee A hauler shall not sell, assign, subcontract or transfer a permitfranchise, or any of the rights and privileges granted thereby, without the prior written approval of the city council. Any change in management of a permittee must be approved in writing by the city council. Disregard of any of the provisions of this section is sufficient grounds for city council revocation of the permit. The permittee shall file a statement of ownership and management at such times as requested by the administrative officer, and shall verify the statement as being true and correct under the penalty of perjury.
(Ord. 90-11, § 4, passed 3-6-90)
Secs. 6-3-79—6-3-83. Reserved.
Sec. 6-3-84. § 6-3-27 Collection vehicles, containers and other equipment. (A) Vehicles used in the collect ion or transportation of solid waste shall comply with the following requirements set forth in the franchise agreement.
(1) Liquid, semiliquid or wet wastes will be hauled only in leakproof containers or vehicles with leakproof bodies constructed of metal with all joints and seams welded. (2) Vehicles shall be equipped with devices capable of covering every open section of the body where solid waste may be placed.
(3) Trucks over three-quarters ton in capacity shall be equipped with a device for mechanical unloading. (4) The permittee's name or firm name, together with his telephone number and street address, shall be printed or painted in legible letters, not less than three inches in height, on both sides of the truck or conveyance.
(5) The vehicles shall be maintained at all times in good and safe mechanical condition. They shall be clean, sanitary and painted to the satisfaction of the administrative officer. (6) Vehicles shall be inspected at the disc retion of the administrative department. (7) Improper vehicle maintenance is sufficient cause for the administrative officer to suspend the permit. (B) All containers used by collectorshaulers shall have the collectorhauler's name and telephone number, as it appears on the statement of ownership, clearly imprinted thereon.
(C) The city reserves the right to control the permitteehauler's equipment in the event of emergencies affecting the public health and safety.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-85. § 6-3-28 Hours and schedule of collections. (A) Residential solid waste collection sha ll be made only between the hours of 67:00 a.m. and 86:00 p.m., Monday through Saturday, on a schedule that must be approved by the administrative department. (B) Residential collections shall be made at least once weekly. The permittee will provide an unlimited quantity collection service up to a maximum of six 40-gallon containers. (C) The collectorhauler is not required to pick up dirt, rocks, building material, furniture, appliances, water heaters, automobile parts or other bulky items or any object weighing more than 50 pounds or longer than four feet. Special arrangements for the removal of these items may be made between the collectorhauler and the resident, and the charges therefor will be agreed on between them. (D) The schedule for collections other th an residential collections shall be mutually agreeable to the customer and the collectorhauler and approved by the administrative department in consultation with the health officer city. The administrative officer may prescribe the intervals and times of collection. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-29 Requirements for Commercial Edible Food Generators. (A) Tier one commercial edible food generators and tier two commercial edible food generators must comply with this section pursuant to 14 California Code of Regulations § 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.
(C) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed; (2) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for:
(a) The collection of edible food for food recovery; or (b) Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service;
(4) Allow city’s designated enforcement entity or designated third-party enforcement entity to access the premises and review records pursuant to 14 California Code of Regulations § 18991.4; (5) Keep records that include the following information, or as otherwise specified in 14 California Code of Regulations § 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 California Code of Regulations § 18991.3(b);
(b) A copy of all contracts or written agreements established under 14 California Code of Regulations § 18991.3(b); and
(c) A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address and contact information of the food recovery service or food recovery organization;
2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization;
3. The established frequency that food will be collected or self-hauled; and
4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery. (6) No later than October 31 of each year for tier one commercial edible food generators and tier two commercial edible food generators, those commercial edible food generators shall provide an annual food recovery report to the city that includes the following information:
(a) A copy of all contracts or written agreements established under 14 California Code of Regulations § 18991.3(b);
(b) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery; and (c) The name, address and contact information of the food recovery service or food recovery organization. (D) Nothing in this subchapter 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, as those laws are amended.
§ 6-3-30 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 California Code of Regulations § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 California Code of Regulations § 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; and (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 California Code of Regulations § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 California Code of Regulations § 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; and
(3) The name, address and contact information for each food recovery service that the organization receives edible food from for food recovery.
(C) No later than March 31 of each year, 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 California Code of Regulations § 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 California Code of Regulations § 18991.3(b).
(D) Food recovery capacity planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the city of 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 60 days, unless a shorter timeframe is otherwise specified by the city.
§ 6-3-31 Requirements for Haulers and Facility Operators. (A) Requirements for haulers. The exclusive franchised hauler providing residential, commercial or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement or other authorization with the city to collect organic waste:
(1) Through written notice to the city annually on or before March 15, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated green container organic waste;
(2) Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity or property that recovers organic waste as defined in 14 California Code of Regulations, Division 7, Chapter 12, Article 2; and (3) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 California Code of Regulations § 18989.1; this subchapter; and the city’s C&D ordinance. (B) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities and publicly-owned treatment works shall, upon city 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 60 days. (2) Community composting operators, upon city 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 60 days.
§ 6-3-32 Self-Hauler Requirements.
(A) 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 California Code of Regulations §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 California Code of Regulations § 18984.3.
(B) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility. (C) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste; (2) The amount of material in cubic yards or tons transported by the generator to each entity; and (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
(D) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in division (C) above to city, if requested.
(E) A residential organic waste generator that self-hauls organic waste, as described in § 6-3-18, is not required to record or report information in division (C) and (D) above.
§ 6-3-33 Procurement Requirements for City Departments, Direct Service Providers and Vendors. (A) Direct service providers of landscaping maintenance, renovation and construction shall:
(1) Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction or maintenance performed for the city, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application shall comply with 14 California Code of Regulations, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 California Code of Regulations § 17852(a)(24.5)(A)(1) through (a)(24.5)(A)(3); and
(2) Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to the city, upon completion of projects. Information to be provided shall include:
(a) General description of how and where the product was used and, if applicable, applied; (b) Source of product, including name, physical location and contact information for each entity, operation or facility from whom the recovered organic waste products were procured; (c) Type pf product;
(d) Quantity of each product; and
(e) Invoice or other record demonstrating purchase of procurement. (B) All vendors providing paper products and printing and writing paper shall:
(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber instead of non-recycled products
whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than 10% of the total cost for non-recycled items; (2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 C.F.R. § 260.12;
(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper or both can be verified by a product label, catalog, invoice or a manufacturer or vendor internet website; (4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 C.F.R. § 260.12 (2013); and
(5) Provide records to the city’s recovered organic waste product procurement recordkeeping staff, in accordance with the city’s recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in divisions (B)(3) and (B)(4) above for recycled-content purchases, purchaser name, quantity purchased, date purchased and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
§ 6-3-34 Compliance with Calgreen C&D Requirements.
(A) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with all required components of the California Green Building Standards Code, 24 California Code of Regulations, 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 than the requirements of this section, the CALGreen requirements shall apply.
(B) Project applicants shall refer to city’s building and/or planning code and Title 6, Chapter 3, Subchapter 6 for complete CALGreen requirements.
Sec. 6-3-86. § 6-3-35 Inspections and Investigations of service complaints. (A) City representatives, and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads or transfer, processing or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this subchapter 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 city to enter the interior of a private residential property for inspection.
(B) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee, or its designated entity/designee, during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records or any other requirement of this subchapter described herein. Failure to provide or arrange for:
(1) Access to an entity’s premises; or
(2) Access to records for any inspection or investigation is a violation of this subchapter and may result in penalties described.
(C) Any records obtained by a 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 California Government Code § 7920.000 et seq.
(D) The city representatives, its designated entity and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this subchapter, 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. (F) Service complaints shall be investigated by the administrative department city enforcement officer, and unless a satisfactory settlement is effected, the city council may be requested to hold a hearing by any of the parties involved, including the administrative department. Unsatisfactory service is sufficient cause for the administrative officer to suspend a permit pending a city council hearing for revocation. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-87. Business office of collectors.
Permittees shall maintain an office at some fixed place within the city and shall maintain a listed telephone number thereat. Such listing shall be in the firm name and shall be on the exchange of the area serviced or a tollfree number. The permit holder shall, during the hours between 8:00 a.m. and 5:00 p.m. of each day except Saturdays, Sundays and holidays, have a competent adult person at the office for the purpose of answering inquiries and receiving complaints from customers. The permit holder shall notify the administrative department in writing seven days prior to any change in business address or telephone number. Such notice shall set forth the revised information.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-88. Suspension or revocation of collector's permit.
A permit may be suspended by the administrative officer when the permittee violates any provision of this article or any rule or regulation promulgated by the administrative officer. The notice of intended suspension will be in writing and delivered in person or by registered or certified mail to the business address of the permittee appearing on the permit application. A hearing will be held before the administrative officer on the charged violation at a time to be stated in the notice. The permittee shall be given at least two weeks' notice before the hearing. Suspension may be for an indefinite period. The effective date of suspensions shall be noted in the notice to suspend. During the suspension period, the administrative officer may make such arrangements with others as are necessary for furnishing collection or transportation services in the area. Permit revocation may be done only by the city council after notice and hearing as provided in this section. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-89—6-3-93. Reserved.
Sec. 6-3-94. Appeals.
Any person who is dissatisfied with any decision or ruling of the administrative officer under the provisions of this article may appeal to the city council, which shall have the power to grant or deny such appeal. The appeal shall be taken by filing with the city clerk a notice of appeal within ten days after the date of such decision or ruling as entered in the minutes of the administrative department. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-95. § 6-3-36 Transport of solid waste.
No person shall convey or transport solid wastes upon or along any public highway in the city unless such solid waste is contained and covered or otherwise secured so as to prevent it from leaking, dripping, falling, blowing or scattering from the vehicle in which it is being conveyed or transported. All vehicles and equipment used in the transport of any form of refuse shall be kept clean. No person shall drain the liquid from any such vehicle upon any road or highway or upon any other land in such manner as to create an unsanitary condition.
Persons hauling solid wastes on the public highways shall completely empty the solid wastes from their vehicles or containers at the disposal site, or recover them if they are not completely emptied, in order to prevent the scattering of residue on the return trip.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-96. § 6-3-37 Additional rules and regulations.
The administrative officer, in consultation with the health officer, shall have the power and duty to promulgate rules and regulations to regulate the collection and transportation of solid waste in the city. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-97. Designation of disposal stations.
The board of supervisors shall establish and set aside or designate locations within the county to be used as public solid waste disposal sites. These sites shall be known as county disposal stations. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-98. § 6-3-38 Unlawful dumping.
It shall be unlawful for any person to place, deposit or dump solid waste of any kind whatsoever upon any private or public property within a distance of 1,000 feet from any public highway in the city, or within a distance of 500 feet from any established residence or dwelling house within the city, or to cause or suffer or permit such solid waste to be placed, deposited or dumped upon any public or private property within a distance of 1,000 feet of any public highway or within a distance of 500 feet of any established residence or dwelling house in the city, without first having obtained a use permit pursuant to the zoning laws of the city as now or hereafter amended, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of the zoning laws of the city.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-99. Payment of disposal fees.
It shall be unlawful for any person to place, deposit or dump solid waste at a county disposal facility without proper payment of fees established by resolution of the board of supervisors. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-100. § 6-3-39 Dumping of tires.
It shall be unlawful for any person to dispose, abandon or dump any automobile, truck or bicycle tires or any other type of tire upon any private or public property, other than at a transfer or disposal facility authorized by law to dispose of such tires or by any otherwise lawful disposal method such as disposal at a recycling facility. (Ord. 90-11, § 4, passed 3-6-90)
Secs. 6-3-101—6-3-103. Reserved.
Sec. 6-3-104. Supervision of county disposal facilities.
All county disposal facilities shall be under the supervision of the director of the general services agency of the county, who shall have the power and duty to promulgate rules and regulations regulating the use by the public and the operation of such disposal facilities. Any rule adopted by the director pursuant to this section shall be posted in a conspicuous place at the disposal facility to which it pertains, and the violation of any such rule shall constitute a violation of this article.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-105. Obedience to signs at disposal stations.
The director of the general services agency of the county is authorized to erect and maintain signs upon county disposal stations, which signs shall designate those areas where the dumping of solid wastes is permitted. It shall be unlawful for any person to place, deposit or dump solid wastes in any form in or upon the county disposal station except in those areas or portion thereof designated by such signs erected by the director. It shall be unlawful for any person to place, deposit or dump solid wastes in any form in areas or portions of such county disposal stations designated by signs erected by the director as areas wherein the dumping of solid wastes is prohibited.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-106. Disposal of hazardous or offensive waste, dead animals or large objects at disposal stations.
It shall be unlawful for any person to place, deposit or dump or cause to be placed, deposited or dumped any hazardous wastes, swill, offal, manure, dead animal carcasses, dead fowl, dead fish or objects longer than six feet in or upon a disposal station unless special permission is granted by the director of the general services agency of the county.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-107. Disposal of bulky waste at disposal stations.
It shall be unlawful for any person to place, deposit or dump auto bodies, tree stumps or similar bulky waste in any county disposal station except those stations as are designated for the dumping of such wastes by the director of the general services agency of the county.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-108. Disposal of industrial waste at disposal stations.
It shall be unlawful for any person to place, deposit or dump any industrial waste in any county disposal station except for those kinds of industrial wastes, and in those county disposal stations, as are designated for the dumping of such wastes by resolution of the board of supervisors. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-109. Assistance to disabled vehicles at disposal facilities.
If the director of the general services agency of the county determines that a disabled vehicle at a disposal facility is in danger or is interfering with disposal operations, he shall take action to remove the vehicle to the nearest safe location accessible to emergency repair personnel or for towing. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-110—6-3-113. Reserved.
Sec. 6-3-114. Disposal of liquid waste at disposal stations.
It shall be unlawful for any person to place, deposit or dump any liquid waste in any county disposal station other than those stations designated for the dumping of such waste by resolution of the board of supervisors. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-115. Reserved.
Sec. 6-3-116. Disposal of waste originating outside county at disposal stations.
It shall be unlawful for any person to place, deposit or dump or cause to be placed, deposited or dumped in or upon any county disposal station any solid wastes originating outside of the county. In any prosecution for the violation of this section, it shall be presumed that any solid waste brought to, deposited or dumped or caused to be brought, placed, deposited or dumped in or upon any county disposal station by any person who is not an inhabitant of the county and not regularly engaged in the business of collecting solid waste is solid waste originating outside of the county. The director of the general services agency of the county may require a person suspected of having solid waste originating outside the county in his possession and in the process of disposing of it in a county disposal facility to prove under the penalty of perjury the origin of the solid waste. The form of proof shall be determined by the director. The solid waste may not be dumped until permission is granted by the director or his authorized agent.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-117. Removal of materials from disposal station.
It shall be unlawful for any person in or upon any county disposal station to salvage or collect therein or remove therefrom any trash, junk or other materials or substances whatsoever, except with the written permission of the board of supervisors.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-118. Unlawful entry on disposal station.
It shall be unlawful for any person in or upon any county disposal station to enter, remain or loiter therein for any purpose except the purposes authorized in this article. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-119—6-3-123. Reserved.
Sec. 6-3-124. Exceptions to article.
No provision of this article shall apply to the use of solid wastes in normal farming operations or in the processing or manufacturing of other products in a manner that will not create a public nuisance or adversely affect the public health, and the provisions of this article shall not apply to an individual disposing of solid wastes originating from his own residence onto land or facilities owned by him when disposal of such wastes does not thereby create a public nuisance or adversely affect the public health. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-125. § 6-3-40 Enforcement of subchapter.
(A) Enforcement and application. The general provisions of this subchapter and the rules and regulations adopted pertaining to the public health, safety and well-being of the public shall be enforced by the health officer city. This subchapter shall not apply to non-local entities unless otherwise provided by law.
He shall be empowered to investigate any violation of this article, and for such purposes he shall have the powers of a peace officer. This enforcement responsibility shall apply to all public health aspects of the solid waste handling activities within the city. If necessary, and after proper notice and hearing, he may abate a nuisance, and the person having control or possession of the premises abated will be liable to the city for the costs of such abatement. These costs may be recovered in a civil action. (B) Issuance. Violation of any provision of this subchapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this subchapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines set forth in §§ 1-3-11 through 1-3-25 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 subchapter and any rule or regulation adopted pursuant to this subchapter, except as otherwise indicated in this subchapter. (C) Remedies and actions. 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 state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
(D) Responsible entity for enforcement.
(1) Enforcement pursuant to this subchapter may be undertaken by the city enforcement official, which may be the City Manager, or their designated entity, legal counsel or combination thereof. (2) Enforcement may also be undertaken by a regional or county agency enforcement official, designated by the city, in consultation with a city enforcement official.
(a) City enforcement official(s) and regional or county agency enforcement official will interpret ordinances; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met. (b) City enforcement official(s) and regional or county agency enforcement official may issue notices of violation(s).
(E) Process for enforcement.
(1) (a) City enforcement officials or regional or county enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints and an inspection program. Section 6-3-711 establishes city’s right to conduct inspections and investigations. (b) The city may issue an official notification to notify regulated entities of its obligations under the ordinance.
(c) The city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
(d) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city’s administrative citation ordinance in §§ 1-3-11 through 1-3-25. (2) Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
(F) Penalty amounts for types of violations. Consistent with § 1-3-17, the penalty levels are as follows. (1) For a first violation, the amount of the base penalty shall be $100.00 per violation. (2) For a second violation, the amount of the base penalty shall be $200.00 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation. (G) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with § 6-3-712 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God, such as earthquakes, wildfires, flooding and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or (3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 California Code of Regulations § 18996.2 due to those deficiencies.
(H) Appeals process. Consistent with §§ 1-3-20 through 1-3-24, persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city’s procedures in the city’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order. (I) Civil penalties for non-compliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service or other entity is not in compliance with this subchapter, it shall document the
noncompliance or violation, issue a notice of violation and take enforcement action pursuant to § 6-3-57, as needed.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-126. § 6-3-41 Administration of subchapter.
The director of the general services agency of the county shall be responsible for the operation, care, administration and management of all the county disposal facilities, and tThe administrative officer shall be responsible for the administration of provisions relating to solid waste collection and transportation in the city. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-127. Solid waste management plan.
A comprehensive city solid waste management plan shall be developed including provisions for source reduction, storage, collection, recycling, processing and the ultimate disposal of nonrecyclable solid waste.
Responsibilities, powers and duties relating to such a plan shall be as follows:
(1) Duties of the administrative officer and the director of the general services agency of the county are as follows:
a. Develop and administer a citywide solid waste disp osal system, which shall include the establishment of disposal stations, transfer stations and other facilities. b. Operate, maintain and supervise a ll county disposal facilities, including all processing operations at such sites, and enforce, through the proper channels, the rules and regulations for their use. c. Advise, consult and cooperate with other city and county agencies, appropriate federal, state and local units of government and appropriate private organizations and industries in the formulation and carrying out of the disposal program and its other duties.
(2) Duties of the health officer are as follows:
a. Develop and encourage the implementation of a ci tywide solid waste source reduction, storage and recycling plan in order to reduce health and environmental hazards associated with solid waste. b. Develop and encourage the implementation of ne w storage methods which will reduce or eliminate health and environmental hazards.
c. Develop and encourage the implementation of ne w and more efficient collection and transportation systems.
d. Investigate new transportati on methods for solid waste. e. Develop and recommend regulations which will encourage solid waste reduction at the source. f. Advise, consult with and cooperate with other ci ty and county agencies, with appropriate federal, state and local units of government and with appropriate private organizations and industries in the formulation and carrying out of the solid waste reduction and recycling plan. g. Encourage the use of processed solid waste products. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-128. Registration of solid waste processors.
Except as provided in this article, it shall be unlawful for any person to process for recycling any solid waste for compensation without first registering with the health officer on forms prescribed by him. Such registration shall expire at the end of each calendar year and shall be renewed annually during the first week in January. There shall be no fee for such registration or for any subsequent renewal. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-129—6-3-133. Reserved.
Sec. 6-3-134. Review of waste disposal program.
The program for solid waste disposal shall be reviewed annually in accordance with the requirements of the general planning program.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-135. Approval of disposal facilities.
The director of the general services agency of the county, in establishing disposal facilities, shall comply with all applicable federal, state, county and city laws and regulations relating to air, land and water pollution, public health and planning and zoning.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-136. Reserved.
Sec. 6-3-137. § 6-3-42 Integrated planning.
The director of community development shall work closely with the administrative officer, assisting them to the maximum extent possible in the planning for disposalsolid waste disposal, processing or similar facilities, including the preparation of environmental impact reports and integrating such planning with all other land use planning and the city general planning program, to ensure that solid waste management is planned and designed in compatibility with planned land use.
(Ord. 90-11, § 4, passed 3-6-90)
Secs. 6-3-138—6-3-147. Reserved.
SUBCHAPTER 3. RESERVED
§§ 6-3-14843—6-3-199 Reserved.
SUBCHAPTER 4. HAZARDOUS MATERIAL DISCLOSURE
§ 6-3-200 Intent and purpose of subchapter.
The city council finds and declares that the following apply. (A) Emergency service person nel in the city have a need to know of the use and dangers of hazardous materials in the community in order to plan for and respond to potential emergencies and exposure to such materials.
(B) Basic information on the location, type and health risks of hazardous materials used or stored in the city is not now available to firefighters, health officials, planners, elected officials and other emergency response personnel.
(C) It is intended that the system of disclosure set forth in this subchapter shall provide information essential to firefighters, health officials, planners, elected officials and other emergency service personnel in meeting their responsibilities for the health and welfare of the community in such a fashion that trade secrecy is not abridged.
(D) It is further intended that this subchapter implement the community's right and need for basic information on the use and disposal of hazardous materials in the city and provide for an orderly system for the provision of such information.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90)
§ 6-3-201 Short title.
This subchapter shall be known and may be cited as the “Hazardous Materials Disclosure Ordinance”. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-202—6-3-209 Reserved.
§ 6-3-210 Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; provided, however, that references to statutes or regulations in existence at the time this subchapter is adopted shall also include references to such statutes or regulations as they may be amended or changed in the future:
Carcinogen. A substance which causes cancer. For purposes of this subchapter, carcinogens are those substances specified on the list developed by the United States Department of Health and Human Services on its Second Annual Report on Carcinogens.
CAS number. The unique identification name as assigned by the Chemical Abstracts Services to specific chemical substances.
Chemical name. The scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Services.
Common name. A designation of identification such as code name, code number, trade name or brand name used to identify a substance other than by its chemical name.
Disclosure form. The written request for information prepared, pursuant to §§ 6-3-230 and 6-3-240.
Fire chief and director of fire services. The director of fire services of the county.
Fire department. The fire department of the county.
Handle. To generate, treat or dispose of hazardous material in any fashion.
Handler. Any person who handles a hazardous substance.
Hazardous material. Any substance or product:
(1) For which the manufacturer or producer is required to prepare an MSDS pursuant to the Hazardous Substances Information and Training Act, California Labor Code § 6360 et seq., or pursuant to any applicable federal law or regulation;
(2) Which is listed in the California Health and Safety Code § 2531678075; (3) Which is listed as a radioactive material set forth in chapter 1, title 10, appendix B, Code of Federal Regulations10 C.F.R. Chapter 1, Appendix B;
(4) Which is listed as a legal carcinogen by the California Administrative Code, title 8, subchapter 7, group 16 Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 7, Group 16, or which is specified in the definition of carcinogen in this section;
(5) Which the director of the department of food and agriculture classifies as a pesticide; or (6) Which the EPA classifies as a priority organic pollutant.
Hazardous waste and extremely hazardous waste. Any material that is identified in:
(1) California Health and Safety Code §§ 25115, 25117 or 25122.7 and set forth in sections 66680 and 66684 of title 22 of the California Administrative Code the California Code of Regulations, Title 22, § 66261.1 et seq.; or
(2) 40 C.F.R. §§ 261.31—261.33.
Health official. The health officer of the city or their deputy.
MSDS. A material safety data sheet prepared, pursuant to California Labor Code § 6390 or pursuant to the regulations of the Occupational Safety and Health Administration of the United States Department of Labor.
Person. An individual, trust, firm, joint stock company, corporation, partnership or association.
Physician. Any person who holds a valid certificate from the state to practice the healing arts.
SIC code. The identification number assigned by the Standard Industrial Classification code to specific types of business.
Storage and storing. The containment of substances or materials in such a manner as not to constitute disposal of such substances or materials.
Use. Includes the handling, processing or storage of a hazardous substance.
User. Any person who uses a hazardous substance or handles a hazardous waste. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-211—6-3-219 Reserved.
§ 6-3-220 Additional designation of hazardous materials.
A substance may be deemed a hazardous material or hazardous waste upon a finding by the director of fire services that the substance, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the
community. The director of fire services may use the UniformCalifornia Fire Code published by the Western Fire Chiefs to assist in requiring the types and amounts of such substances to be disclosed. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-221—6-3-229 Reserved.
§ 6-3-230. Filing of disclosure form.
(A) Any person who uses or handles a hazardous material must semi-annually, during the months of January and July, submit a completed disclosure form to the county fire department. (B) (1) Any person who, during the calendar year, for the first time becomes a user or handler of any hazardous material must submit a completed disclosure form to the county fire department within 30 days of becoming a user or handler.
(2) Thereafter, any such user or handler shall comply with the provisions of division (A) above. (B) The county fire department may, upon 30 days' written notice, require the submittal of a disclosure form of any user or handler.
(D) Any person required to submit a disclosure form pu rsuant to this section shall file with the county fire department an updated disclosure form within 15 days of any of the following:
(1) A change in business address;
(2) A change in business ownership;
(3) A change of business name;
(4) Cessation of business operations;
(5) The use or handling of a previously undisclosed hazardous material; and (6) A significant change in the use or handling of a hazardous material for which disclosure has been previously made.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90)
§§ 6-3-231—6-3-239 Reserved.
§ 6-3-240. Contents of disclosure form.
(A) The disclosure form shall be develo ped by the director of fire services, and shall include, but not be limited to, the following:
(1) A copy of the MSDS for every hazardous material us ed by the person completing the disclosure form as required by the fire department;
(2) CAS number as may be required by the fire department; (3) SIC code as may be required by the fire department; (4) U.N. identification number as may be required by the fire department; (5) A listing of the chemical name and any common name s of every hazardous material used by the person completing the disclosure form;
I -
(6) The maximum amount of each hazardous material which is handled or used at any one time by the user over the course of the year;
(7) Specific information on how and where the hazardous materials are handled or used by the user so as to allow fire and safety personnel to prepare adequate emergency response plans to potential releases of the hazardous materials;
(8) The names and phone numbers of at least two persons representing the business and who would be able to assist emergency personnel in the event of an emergency involving the business during business and nonbusiness hours; and
(9) The hazard characteristics of ever y hazardous material disclosed, including, but not limited to, toxicity, flammability, reactivity and corrosivity as may be required by the fire department. (B) Upon request all users must pr ovide the following information:
(1) To the fire department, any information determined by the fire department to be necessary to protect the public health, safety or the environment; and
(2) To any physician, any informat ion determined by the physician to be necessary to the medical treatment of their patient.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-241—6-3-249 Reserved.
§ 6-3-250 Exemptions from disclosure.
(A) The following materials or persons are exempt fr om the disclosure requirements of § 6-3-230:
(1) A material designated as a hazardous material by th is subchapter solely by its presence in the Nuclear Regulatory Commission list of radioactive materials shall be exempt from the requirement that an MSDS be submitted with the disclosure form;
(2) Hazardous materials or substances contained in food, drug, cosmetic or tobacco products shall be exempt from the disclosure requirements;
(3) Any person using or handling less than 500 pounds or 55 gallons per year, whichever is the lesser, of a hazardous material shall be exempted from the requirement of disclosure of that use or handling unless the fire chief has provided notice that the weight or volume limit of this exemption for a specific hazardous material has been lowered in response to public health concerns or to meet the intent and requirements of the UniformCalifornia Fire Code.
(4) Hazardous materials contained solely in consumer products packaged for use by and distributed to the general public shall be exempt from the disclosure requirements, unless the product is repackaged or altered in any way; provided, however, the manufacture and distribution of these products are not exempt;
(5) Any person, while engaged in the transportation of hazardous materials, including storage incident thereto, shall be exempt from the disclosure requirements; provided that such materials are accompanied by shipping papers prepared in accordance with the provisions of 49 C.F.R. subchapter c, as now in existence or as hereafter amended or changed; and (6) Infectious waste generated by hospitals, medical cent ers, clinics and other health care facilities that are regulated under title 22 of the California Administrative Code shall be exempt from the disclosure requirements.
(B) The exemptions contained in this section shall not appl y to the using or handling of carcinogens, except to the extent that such carcinogens are handled or used solely for personal purposes. (C) No MSDS shall be required for any hazardous material for which an MSDS is not available at the time disclosure is required; provided, however, that such MSDS shall be submitted to the fire department within 15 days after receipt by the user of the MSDS.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-251—6-3-259 Reserved.
§ 6-3-260. Dissemination of information regarding hazardous waste.
The health officer will make information available to fire departments and emergency response personnel, upon request, regarding hazardous wastes, extremely hazardous wastes and underground tanks, when the information is obtained by the health officer.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90)
§§ 6-3-261—6-3-269 Reserved.
§ 6-3-270 Identification of areas where hazardous material is used or handled; key boxes. (A) When required by the director of fire services, wo rk areas in which any person uses or handles hazardous material shall be identified as such by such measures as the director of fire services may specify, including, but not limited to, signs, color coding, posting lists of materials and MSDS or other notices. (B) When required by the director of fire services, any person submitting a disclosure form may be required to install an approved key box for emergency utilization of MSDS, floor plans, site plans and access keys. The location of the required key box shall be as designated by the director of fire services. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-271—6-3-279 Reserved.
§ 6-3-280 Fees.
The city council may establish by resolution a schedule of fees to be paid by persons subject to this subchapter which provides for fees in sufficient amounts to cover the costs of administration resulting from this subchapter, or it may authorize the county board of supervisors to adopt such a schedule of fees for the administration of the provisions of this subchapter in the city. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-281—6-3-289 Reserved.
§ 6-3-290 Confidentiality of information.
(A)(1) A user may designate some or all of the information on the disclosure form as a trade secret.
(2) Any information designated as a trade secret contained on the disclosure form shall not be disclosed to anyone except:
(a) An officer or employee of a governmental entity in co nnection with the official duties of such officer or employee under any law for the protection of health;
(b) Contractors of governmental entities when, in the op inion of the director of fire services, disclosure is necessary and required for the protection of health and the performance of a contract; and (c) Any physician where th e physician determines that such information is necessary for the medical treatment of their patient.
(B) Any officer or employee of the city, or former office r or employee, who by virtue of such employment or official position has obtained possession of or has access to information, the disclosure of which is prohibited by this section, and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, shall be in violation of this section. For purposes of determining a violation of this section, a contractor who has been furnished information pursuant to this section shall be deemed an employee of the city. Any physician who has been furnished information or who has obtained information pursuant to this section and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses this information, shall be in violation of this section.
(C) Upon receipt of a request for the release of informat ion to the public which includes information which the user has notified the fire department is a trade secret pursuant to division (A) above, the fire department shall notify the user in writing of the request by certified mail. The fire department shall release the information 30 days after the day of mailing the notice, unless, prior to the expiration of the 30 days, the user institutes an action in an appropriate court for a declaratory judgment that such information is subject to protection under division (B) above or an injunction prohibiting disclosure of such information to the general public.
(D) The provisions of this section shall not permit a user to refuse to disclose information required to be disclosed pursuant to this subchapter.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-291—6-3-294 Reserved.
§ 6-3-295 Additional rules and regulations.
The director of fire services shall make such rules and regulations as may be necessary to implement this subchapter, including, but not limited to, the maintenance of a comprehensive list of substances which would be classified as hazardous materials under this subchapter. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-296—6-3-299 Reserved.
§ 6-3-300. Violation of subchapter.
Any violation of the provisions of this subchapter shall be a misdemeanor. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90)
§§ 6-3-301—6-3-399 Reserved.
SUBCHAPTER 5. PROHIBITION OF NON-STORMWATER DISCHARGES INTO STORM SEWERS
§ 6-3-400 Purpose.
The city council determines that the purpose of this subchapter is as follows:
(A) The United States Congress passed the Clean Water Act [33 U.S.C. §1251 et seq., as amended, including § 402(p) therein, being 33 U.S.S. § 1342] as a mandate, in part, that municipal separate storm sewer systems (MS4s), such as in the county, obtain permits to "effectively prohibit non-stormwater discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the maximum extent practicable..." This permitting authority has been delegated by the United States Environmental Protection Agency (EPA) to the State, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control non-point source discharges to the state’s waterways.
(B) The San Diego Regional Water Quality Control Board has addressed the obligation to implement the Clean Water Act by issuing Waste Discharge Requirements governing runoff for the County, County Flood Control District and the Incorporated Cities of South Orange County. These requirements shall be referred to collectively herein as the National Pollution Discharge Elimination System (NPDES) Permit. (C) The city is a co-permittee under the NPDES permit.
(D) Runoff, which includes both stormwater and non-stormwater, is one step in the cycle of water.
However, human activities, such as agriculture, construction and the operation and maintenance of an urban infrastructure may result in undesirable discharges of pollutants and certain sediments, which may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States.
(E) The purpose of this subchapter is to participate in the improvement of water quality and comply with federal requirements for the control of urban pollutants to runoff, which enters the network of storm drains throughout the County.
(Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-401 Recitals.
The city council finds and declares that the following apply. (A) The City of is authorized by Article XI, § 5 and § 7 of the California Constitution to exercise the police power of the State by adopting regulations promoting the public health, public safety and general prosperity.
(B) The City has determined that a legitimate local pu rpose is present in complying with the provisions of the NPDES permit.
(C) A reduction in stormwater borne pollution will promote the public health and protect the general welfare of the locality by reducing the level of artificial and naturally occurring constituents, which may improve the quality of the waters in this region.
(D) The land use authority exercised by the City, pursuant to California Government Code § 65300 et seq., requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land. (E) This subchapter conforms to the policies and goals of the General Plan adopted by the City, pursuant to the California Planning and Zoning Law, being California Government Code § 65300 et seq., for the protection of the portions of watersheds located within the County by implementing measures to control erosion and prevent the pollution of streams and other waters. (F) Certain provisions of this subchapter may be coor dinated with the Local Coastal Program for inclusion in Coastal Development Permits, pursuant to California Public Resources Code § 30607, as mitigation for the negative effects of grading, construction, re-construction, and changes to the intensity of use of land or water resources within the coastal zone.
(G) The Subdivision Map Act, Californi a Government Code § 66411, authorizes the City to regulate and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval. (H) California Constitution, Article XI, § 7 and Govern ment Code § 38660 authorize the city to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property. (I) Government Code § 38771 authorizes the city to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same.
(J) The NPDES permit requires that the City: (1) develop and implement runoff management programs and implementation plans; (2) enact legislation and ordinances as necessary to ensure compliance with the runoff management programs and implementation plans; (3) pursue enforcement actions as necessary to ensure compliance with runoff management programs and implementation plans; (4) prohibit illicit and illegal discharges from entering the stormwater conveyance systems, subject only to specific exceptions; (5) ensure adequate response to emergency situations, including spills, leaks, and illicit or illegal discharges; and (6) develop and require implementation of best management practices (BMPs) to ensure that pollution is reduced to the maximum extent practicable (MEP). (K) The City may commence civil actions, purs uant to the Federal Clean Water Act § 505(a), being 33 U.S.C. § 1365(A), against any person or any governmental agency acting in violation of any condition of the NPDES permit.
(L) All industrial dischargers subject to the provisions of the state industrial general permit and state construction general permit (referred to collectively herein as the state general permits) must comply with the lawful requirements of the City, which regulates discharges of runoff to the storm drain system within its jurisdiction.
(M) All industrial dischargers subject to the provisions of the state general permits are required to maintain stormwater pollution prevention plans on-site and make them available to the City for inspection. (N) All dischargers subject to the pr ovisions of the State Construction General Permit may be required by the City, with the concurrence of the San Diego Regional Water Board, to amend any Stormwater Pollution Prevention Plan.
(O) All industrial dischargers subject to the provisions of the State Industrial General Permit are required to maintain a description of the required monitoring program on-site and make it available to the City for inspection.
(P) The City has jurisdiction over certain stormwater facilities and other watercourses within the City, and the water discharges into these facilities may be subject to the provisions of the State Industrial
General Permit; accordingly, the city may certify (but is not required to certify) in writing that regulated dischargers have developed and implemented effective Stormwater Pollution Prevention Plans and should not be required to collect and analyze stormwater samples for pollutants. (Q) The City has jurisdiction over certain stormwater facilities and other watercourses within the City, and these facilities may receive runoff discharges from properties and activities regulated under the provisions of the state general permits, and city may request that the regulated dischargers furnish information and records necessary to determine compliance with the state general permits. (R) The City has jurisdiction over certain stormwater facilities and other watercourses within the City, and these facilities may receive runoff discharges from properties and activities regulated under the provisions of the state general permits, and city may, upon presentation of credentials and other documents required by law: (1) enter upon the discharger's premises where a regulated facility is located or where records must be kept under the conditions of the state general permits; (2) access and copy, at reasonable times, any records that must be kept under the conditions of the state general permits; (3) inspect, at reasonable times, any facility or equipment related to or impacting runoff discharge; and (4) sample or monitor for the purpose of ensuring compliance with the state general permits.
(S) The enacting of this subchapter is a condition of the NPDES permit, the requirements of which are exempt from the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code § 21000, et seq., including but not limited to, §§ 21083 and 21084. (T) This subchapter is subject to CEQA categorical ex emption classes 1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines, respectively, Title 14, California Code of Regulations §§ 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309, 15321 and 15322. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-402 Short title.
This subchapter shall be known and may be cited as the "Runoff Water Quality Control Ordinance." (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-403 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Authorized inspector. The city director of public works/city engineer and the city director of community development, and persons designated by and under their instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take action pursuant to this subchapter.
Best management practices (BMPs). Schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures and other management practices or devices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to stormwater, receiving waters or the stormwater drainage system. BMPs may be structural or non-structural, and include, but are not limited to, site design, source control, treatment control, and natural design methods. BMPs may include any type of pollution prevention and control measure that can help to achieve compliance with this subchapter.
City. The City of Laguna Niguel, Orange County, California.
Co-permittee. The County of Orange, the Orange County Flood Control District and/or any one of the municipalities, including the City, which are responsible for compliance with the terms of the NPDES permit.
Discharge. Any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.
Discharge exception. (1) The group of activities not restricted or prohibited by this subchapter, including only:
(a) Discharges composed entirely of stormwater;
(b) Discharges authorized by current EPA or Region al Water Quality Control Board issued NPDES permits, state general permits, or other waivers, permits, regulations or approvals granted by a government agency with jurisdiction over such discharges;
(c) Discharges to the stormwater drainage system from:
1. Diverted stream flows;
2. Rising ground waters;
3. Infiltration to MS4s of groundwater not contaminated by sewage;
4. Uncontaminated pumped groundwater;
5. Foundation drains;
6. Springs;
7. Water from crawl space pumps;
8. Footing drains;
9. Air conditioning condensation;
10. Flows from riparian habitats and wetlands;
11. Water line flushing, except for fire suppression sprinkler system maintenance and testing discharges;
12. Discharges from potable water sources;
13. Individual residential car washing if conducted in accordance with the City’s Local Implementation Plan (LIP);
14. Dechlorinated swimming pool discharges;
15. Emergency firefighting activities.
(d) Discharges authorized pursuant to fe deral or state laws or regulations. (2) The discharges set forth in divisions (1)(c)4., (1)(c)5., (1)(c)7. And (1)(c)8. above may require compliance with a California or Regional Water Quality Control Board Permit for groundwater extraction or similar discharges to surface waters. The city authorizes this discharge unless the authorized inspector determines the discharge potentially causes, or threatens to cause, a condition of pollution, contamination or nuisance. (3) The discharges set forth in divisions (1)(c)11. And (1)(c)12. above are exempt from the provisions of this subchapter except to the extent that such discharges are subject to, but not in compliance with, California or Regional Water Quality Control Board Permits or other local ordinances. (4) In any action taken to enforce this subchapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.
Enforcing attorney. The city attorney or district attorney acting as counsel to the city and their designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the district attorney and/or city attorney shall act as the enforcing attorney.
EPA. The Environmental Protection Agency of the United States.
Hearing officer. The city director of public works/city engineer or their designee, who shall preside at the administrative hearings authorized by this subchapter and issue final decisions on the matters raised therein.
In the alternative, it shall mean any appeals board established by separate resolution of the city council, which shall preside at the administrative hearings authorized by this subchapter and issue final decisions on the matters raised therein.
Invoice for costs. The actual costs and expenses of the city, including but not limited to administrative overhead, salaries and other expenses recoverable under State law, incurred during any inspection conducted pursuant to § 6-3-406, where a notice of noncompliance, administrative compliance order or other enforcement option under§ 6-3-407 is utilized to obtain compliance with this subchapter.
Illicit connection. Any human-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the stormwater drainage system occurs or may occur. The term illicit connection shall not include legal nonconforming connections or connections to the stormwater drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.
Legal nonconforming connection. Connections to the stormwater drainage system existing as of the adoption of this subchapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any Discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the Industrial Waste Ordinance, City Ordinance 90-16.
Local implementation plan (LIP). The city's adopted plan for local implementation of the NPDES permit, including all appendices, as they may be amended or revised from time to time. The LIP is equivalent to the Jurisdictional Runoff Management Plan (JRMP), as defined in the NPDES permit.
Maximum extent practicable (MEP). The acceptability standard for BMPs established by Congress in the Clean Water Act § 402(p)(3)(B)(iii), being 33 U.S.C. § 1342(p)(3)(B)(iii), that discharges to MS4s must meet.
MEP means using an effective set of BMPs that can be implemented and still remain practicable. A BMP is effective if it prevents, reduces or removes pollutants that would otherwise be present in the runoff due to human activity. A BMP is practicable if it complies with runoff and other regulations; is compatible with the area's land use, character, facilities and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. MEP generally emphasizes pollution prevention and source control BMPs (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense).
New development. All public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and other non-residential construction projects, or mass grading for future construction, for which either a discretionary land use approval, grading permit, building permit or safety permit is required.
NPDES permit. The currently applicable municipal discharge permit issued by the California Regional Water Quality Control Board, San Diego Region, which permit establishes waste discharge requirements applicable to runoff in the city.
Person. Any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.
Pollutant. Any liquid, solid or semi-solid substances, or combination thereof, including and not limited to:
(1) Artificial materials (such as floatable pl astics, wood products or metal shavings); (2) Household waste (such as trash, paper and plasti cs; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment); (3) Metals and non-metals, including compounds of metals and non-metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide phosphorus and arsenic); (4) Petroleum and related hydrocarbons (such as fue ls, lubricants, surfactants, waste oils, solvents, coolants and grease);
(5) Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities, or polo fields);
(6) Substances having a pH less than 6.5 or greater th an 8.6, or unusual coloration, turbidity or odor; (7) Waste materials and wastewater generated on constr uction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing); (8) Materials causing an increase in biochemical oxyg en demand, chemical oxygen demand or total organic carbon;
(9) Materials which contain base/neutral or acid extractable organic compounds; (10) Those pollutants defined in § 1362(6) of the Federal Clean Water Act , being U.S.C. § 1362(6); and (11) Any other constituent or materi al, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.
Private property. Any real property, irrespective of ownership, which is not open to the general public.
Prohibited discharge. (1) Any discharge which contains any pollutant, from public or private property to:
(a) The stormwater drainage system;
(b) Any upstream flow, which is tributary to the stormwater drainage system; (c) Any groundwater, river, stream , creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or
(d) Any coastal harbor, bay, or the Pacific Ocean.
(2) The term prohibited discharge shall not include discharges allowable under the discharge exception.
Responsible party. The person(s) identified in and responsible for compliance with the provisions of a Water Quality Management Plan (WQMP) approved by the city.
Significant redevelopment. Development that would create or add at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of
a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction.
State general permit. Either the Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities Permit (State Industrial General Permit) or the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated With Construction and Land Disturbance Activities (State Construction General Permit) and the terms and requirements of either or both. In the event the EPA revokes the in-lieu permitting authority of the California Water Resources Control Board, then the term state general permit shall also refer to any EPA administered stormwater control program for industrial and construction activities.
Stormwater drainage system. Street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the countywide stormwater runoff system and owned, operated, maintained or controlled by the County of Orange, the Orange County Flood Control District or any co-permittee city, and used for the purpose of collecting, storing, transporting, or disposing of runoff.
Water quality management plan (WQMP). A plan, prepared in accordance with the LIP, to mitigate the impacts of runoff from development projects. A WQMP is equivalent to a standard storm water mitigation plan (SSMP) as defined in the NPDES permit.
(Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-404 Prohibition on illicit connections and prohibited discharges. (A) No person shall:
(1) Construct, maintain, operate an d/or utilize any illicit connection; (2) Cause, allow or facilitate any prohibited discharge; and/or (3) Act, cause, or permit any agent, employee, or i ndependent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge. (B) The prohibition against illicit co nnections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this subchapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following:
(1) For all structural improvements to property inst alled for the purpose of discharge to the stormwater drainage system, the expiration of five years from the adoption of this subchapter; and (2) For all nonstructural improvements to property ex isting for the purpose of discharge to the stormwater drainage system, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under this subchapter. (C) A civil or administrative violation of § 6-3-404(A) sha ll occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.
(D) If an authorized inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the authorized inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of the 30-day period, any such discharge shall constitute a violation of division (A) above.
(E) (1) The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in § 6-3-407(A) through (A)(10), for an extension of the period allowed for continued use of the connection. (2) A reasonable extension of use may be authorized by the director of public works/city engineer upon consideration of the following factors:
(a) The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters;
(b) The economic investment of the discharger in the legal nonconforming connection; and (c) The financial effect upon the discharger of a te rmination of the legal nonconforming connection. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-405 Control of runoff discharges.
(A) New development and significant redevelopment.
(1) All new development and significant redevelopment within the city shall be undertaken in accordance with:
(a) When required by, and in accordance with the LIP, a WQMP; and (b) Any conditions and requirements established by the community development department, which are reasonably related to the reduction or elimination of pollutants in runoff from the project site.
(2) When required by the LIP, prior to the issuance by the city of a grading permit, building permit and/or safety permit for any new development or significant redevelopment, the property owner shall submit to and obtain the approval of the community development department of a WQMP. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or safety permit, the property owner shall submit to and obtain the approval of the community development department of a WQMP prior to the issuance of a discretionary land use approval or, at the city's discretion, prior to recordation of a subdivision map. (3) Notwithstanding the foregoing division (A)(1) an d (A)(2) above, a WQMP shall not be required for construction of a (one) single-family detached residence unless the city community development department determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system. (4) Compliance with the conditions and requirements of a WQMP shall not exempt any person from the requirement to independently comply with each provision of this subchapter. (5) If the city community development department de termines that the project will have a de minimis impact on the quality of runoff, then it may issue a written waiver of the requirement for preparation and approval of a WQMP.
(6) Each WQMP shall name a resp onsible party for the project. (7) The owner of a new development or significant re development project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved WQMP.
(8) Each failure by the owner of the property, their su ccessors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements of an approved WQMP shall constitute a violation of this subchapter.
(9) The city community development department may require that the WQMP be recorded with the county recorder's office by the property owner. The signature of the owner of the property, any successive owner or the named responsible party shall be sufficient for the recording of the plan or any revised plan and a signature on behalf of the city shall not be required for recordation. (B) Cost recovery. The costs and expenses of the city community development department incurred in the review, approval, or revision of any WQMP shall be assessed to the property owner or responsible party and shall be due and payable to the city. The city community development department may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the property owner or responsible party. (C) Litter control. (1) No person shall discard any waste material, including but not limited to common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including but not limited to any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system. (2) Every person occupying or having charge and control of private property on which a prohibited disposal of waste materials occurs shall cause the property collection and disposal of same. (3) A prohibited disposal of waste materials creates a danger to public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or occupant of private property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.
(D) Compliance with BMPs. Every person owning property, conducting any activity or operation, or maintaining any facility shall comply with the applicable BMPs as identified in the LIP. in order to prevent, to the MEP, pollutants from entering the stormwater drainage system. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-406 Inspections.
(A) Right to inspect. Prior to commencing any inspection as herein below authorized, the authorized inspector shall obtain either the consent of the owner or occupant of the private property or shall obtain an administrative inspection warrant or criminal search warrant. (B) Entry to inspect. The authorized inspector may enter private property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the City.
(C) Compliance assessments. The authorized inspector may inspect private property for the purpose of verifying compliance with this subchapter, including but not limited to (1) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (2) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (3) investigating the natural slope at the location, including drainage patterns and human-made conveyance systems; (4) establishing the location of all points of discharge from the private property, whether by surface runoff or through a storm drain system; (5) locating any illicit connection or the source of prohibited discharge; (6) evaluating compliance with any WQMP; and (7) investigating the condition of any legal nonconforming connection. (D) Portable equipment. For purposes of verifying compliance with this subchapter, the authorized inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment. (E) Records review. The authorized inspector may inspect all records of the owner or occupant of private property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater
pollution prevention plans as required by a state general permit, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other source of contribution or potential contribution of pollutants to the stormwater drainage system. (F) Sample and test. The authorized inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. The authorized inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The authorized inspector may take photographs or videotape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property. (G) Monitoring. The authorized inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the stormwater drainage system. (H) Test results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the authorized inspector. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-407 Enforcement.
(A) Administrative remedies.
(1) Notice of noncompliance. The authorized inspector may deliver to the owner or occupant of any private property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with division (A)(5) below.
(a) The notice of noncompliance shall identify the provision(s) of this subchapter, the applicable WQMP or permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.
(b) The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed 90 days, unless the authorized inspector extends the compliance deadline an additional 90 days where good cause exists for the extension.
(2) Administrative compliance orders.
(a) 1. The authorized inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with division (A)(5) below.
2. The administrative compliance order may be issued to:
a. The owner or occupant of any private proper ty requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this subchapter;
b. The owner of private property or a responsible party subject to the requirements of any WQMP to ensure implementation of and adherence to the terms, conditions and requirements of the plan; and/or
c. Any person responsible for an illicit connection or prohibited discharge. (b) The administrative compliance order may in clude the following terms and requirements:
1. Specific steps and time schedules for compliance as reasonably necessary to prevent the imminent threat of prohibited discharge, including but not limited to prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area;
2. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
3. Specific requirements for containment, cleanup , removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact runoff;
4. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this subchapter, including, but not limited to requirements for compliance with BMPs and guidance documents promulgated by any federal, State or regional agency; and
5. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any WQMP, or permit issued by the city. (3) Cease and desist orders.
(a)1. The authorized inspector ma y issue a cease and desist order. A cease and desist order shall be delivered in accordance with division (A)(5) below.
2. A cease and desist order may direct the owner or occupant of any private property and/or other person responsible for a violation of this subchapter to:
a. Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system;
b. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this subchapter; c. Immediately discontinue any othe r violation of this subchapter; d. Clean up the area affected by the violation.
(b) The authorized inspector may direct by cease and desist order that the owner of any private property, the responsible party subject to the terms and conditions of any WQMP, or any permittee under any permit issued by the city immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable WQMP or permit. (4) Recovery of costs. (a) The authorized inspector may deliver to the owner or occupant of any private property, any permittee or any responsible party, or any other person who becomes subject to a notice of noncompliance or administrative compliance order, an invoice for costs. An invoice for costs shall be delivered in accordance with division (A)(5) below. An invoice for costs shall be immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any notice or order. (b) If any owner or occupant, permittee or responsible party, or any other person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with division (A)(6) below, then the enforcing attorney may institute collection proceedings. (5) Delivery of notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice of costs to be delivered pursuant to the requirements of this subchapter shall be subject to the following.
(a) The notice shall state that the recipient has a righ t to appeal the matter as set forth in divisions (A)(6) through (A)(10) below.
(b) Delivery shall be deemed complete upon: 1. pers onal service to the recipient; 2. deposit in the U.S. mail, postage pre-paid for first class delivery; or 3. facsimile service with confirmation of receipt.
(c) Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the city.
(d) Where the owner or occupant of any private property cannot be located after the reasonable efforts of the authorized inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of ten business days. (6) Administrative hearing for notices of noncompliance administrative compliance orders, invoices for costs and adverse determinations. Except as set forth in division (A)(8) below, any person receiving a notice of noncompliance, administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or any person who is subject to any adverse determination made pursuant to this subchapter, may appeal the matter by requesting an administrative hearing.
Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this subchapter.
(7) Request for administrative hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs or an adverse determination shall, within 30 days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the office of the city clerk, with a copy of the request for administrative hearing mailed on the date of filing to the director of public works/city engineer. Thereafter, a hearing on the matter shall be held before the hearing officer within 45 business days of the date of filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
(8) Administrative hearing for cease and desist orders and emergency abatement actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action.
(9) Hearing proceedings. The authorized inspector shall appear in support of the notice, order, determination, invoice for costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. The city shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case. (10) Final decision and appeal. (a) The final decision of the hearing officer shall issue within ten business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of California Code of Civil Procedure §§ 1094.5 and 1094.6 and shall be commenced within 90 days following issuance of the final decision. (b) Notwithstanding this division (A)(10), the final decision of the hearing officer in any preceding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing.
(11) City abatement. In the event the owner of private property, the operator of a facility, a permittee, a responsible party, or any other person fails to comply with any provision of a compliance schedule issued pursuant to this subchapter, the authorized inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the city in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to division (B)(4) below. (B) Nuisance. Any condition in violation of the prohibitions of this subchapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to California Government Code § 38771.
(1) Court order to enjoin or abatement. At the request of the city manager, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance. (2) Notice to owner and occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the city manager shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.
(3) Emergency abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the authorized inspector may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant. (a) An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment.
(b) Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing pursuant to division (A)(8) below hereinabove shall follow the abatement action.
(4) Reimbursement of costs. All costs incurred by the city in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing or maintaining the nuisance. (5) Nuisance lien. (a) All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with California Government Code §§ 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by California Government Code § 38773.1. (b) At the direction of the city manager, the enforcing attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the county assessor of a special assessment against the property in accord with the conditions and requirements of California Government Code § 38773.5.
(C) Criminal sanctions.
(1) Prosecutor. The enforcing attorney may act on the request of the city manager to pursue enforcement actions in accordance with the provisions of this subchapter. (2) Infractions. Any person who may otherwise be charged with a misdemeanor under this subchapter may be charged, at the discretion of the enforcing attorney, with an infraction punishable by a fine of
not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation occurring within one year. (3) Misdemeanors. Any person who negligently or knowingly violates any provision of this subchapter, undertakes to conceal any violation of this subchapter, continues any violation of this subchapter after notice thereof, or violates the terms, conditions and requirements of any WQMP or permit, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months, or both.
(D) Consecutive violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this subchapter, an administrative compliance order, a cease and desist order, an applicable WQMP, or a permit issued by the city, shall constitute a separate violation of this subchapter punishable by fines or sentences issued in accordance herewith. (E) Non-exclusive remedies. Each and every remedy available for the enforcement of this subchapter shall be non-exclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this subchapter.
(F) Citations. (1) Pursuant to California Penal Code § 836.5, the authorized inspector shall have the authority to cause the arrest of any person committing a violation of this subchapter. The person shall be released and issued a citation to appear before a magistrate in accordance with California Penal Code §§ 853.5, 853.6, and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation the authorized inspector shall refer the matter to the enforcing attorney. (2) Each citation to appear shall state the name and address of the violator, the provisions of this subchapter violated, and the time and place of appearance before the court, which shall be at least ten business days after the date of violation. The person cited shall sign the citation giving their written promise to appear as stated therein. If the person cited fails to appear, the enforcing attorney may request issuance of a warrant for the arrest of the person cited.
(G) Violations of other laws. Any person acting in violation of this subchapter also may be acting in violation of the Federal Clean Water Act or the California Porter-Cologne Water Quality Control Act, being California Water Code § 13000 et seq., and other laws and also may be subject to sanctions including civil liability.
Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act § 505(a), being 33 U.S.C. § 1365, seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the San Diego Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this subchapter. (H) Injunctions. At the request of the city manager, the enforcing attorney may cause the filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this subchapter.
(I) Order for reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the city of all costs incurred in enforcing this subchapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the city, costs relating to restoration of the environment and all other expenses as authorized by law.
(J) Other civil remedies.
(1) The city manager may cause the enforcing attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (a) all costs incurred in enforcement of this subchapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages; (b) all
costs incurred in mitigating harm to the environment or reducing the threat to human health; and (c) damages for irreparable harm to the environment.
(2) The enforcing attorney is authoriz ed to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the stormwater drainage system from any violation of this subchapter where the same has caused damage, contamination or harm to the environment, public property or the stormwater drainage system.
(3) The remedies available to the city pursuant to th e provisions of this subchapter, shall not limit the right of the city to seek any other remedy that may be available by law. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-408 Reserved.
§ 6-3-409 Interagency cooperation.
(A) The city intends to cooperate with other agencies with jurisdiction over runoff discharges to ensure that the regulatory purposes underlying runoff regulations promulgated pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.) are met.
(B) The city may, to the extent authorized by law, elec t to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this subchapter.
(Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-409.1 Compliance disclaimer.
Full compliance by any person or entity with the provisions of this subchapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into runoff and/or the protection of runoff quality. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-410 Judicial review.
The provisions of California Code of Civil Procedure §§ 1094.5 and 1094.6 set forth the procedure for judicial review of any act taken pursuant to this subchapter. Parties seeking judicial review of any action taken pursuant to this subchapter shall file such action within 90 days of the occurrence of the event for which review is sought. (Ord. 2010-161, § 2, passed 11-16-10)
§§ 6-3-411—6-3-599 Reserved.
SUBCHAPTER 6. CONSTRUCTION AND DEMOLITION WASTE RECYCLING
PROGRAM
§ 6-3-600 Declaration of purpose.
The purpose of this subchapter is to promote the recycling of construction and demolition waste in order to protect the public health, safety and welfare, to assist in meeting the city's obligations under California Waste Management Act of 1989 (Assembly Bill No. 939, codified in Public Resources Code, § 40000 et seq. ),; and to meet the requirements of the three-year extension approved by the state integrated waste management board under the provisions of Public Resources Code section 41820 (Senate Bill No. 1066) comply with applicable laws. (Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-601 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Applicant. Any individual, firm, company, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever which applies to the city for the applicable permits to undertake any construction or demolition project within the city.
C&D. Construction and demolition.
C&D compliance officer. The person designated by the community development director to be authorized and responsible for implementing this subchapter.
City. The City of Laguna Niguel, California.
Construction. The building, rehabilitation, remodeling, renovation or repair of any structure or any portion thereof including any tenant improvements to an existing structure.
Construction and demolition waste. Used or discarded materials which results from the construction or demolition of any structure and which is removed from the premises during the construction or demolition.
Covered project. All of the projects that are listed in§ 6-3-605, which are the following:
(1) Re-roofing of a structure with the removal of the existing roof; (2) Renovation of a residential or commercial stru cture when the project valuation is $10,000.00 or greater;
(3) Renovation that consists of the addition of an accessory structure or an addition to an existing residential or commercial structure, which is 250 square feet or greater in size, or when the project valuation is $10,000.00 or greater;
(4) New construction of a residential or commercial structure; and (5) Demolition of a residential or commercial structure.
Demolition. The demolishing, decimating, razing, ruining, tearing down or wrecking of any structure, whether in whole or in part, and whether the interior or the exterior of any structure. (i) Divert means to use waste for any purpose other than disposal in a landfill or a transformation facility.
Diversion. A reduction in the amount of waste being deposited in landfills by any of the following methods:
(1) Use of new construction methods, approved by the C&D compliance officer, that reduce the amount of construction and demolition waste generated;
(2) On-site reuse of the construction and demolition waste; I -
(3) Delivery of the construction and demolition waste from a site to a recycling facility as described in this subchapter;
(4) Other methods approved by the C&D compliance officer.
Diversion requirement. The percentage of construction and demolition waste for each project that must be diverted from landfills.
Divert. To use waste for any purpose other than disposal in a landfill or a transformation facility.
Exempt project. The projects listed in § 6-3-606.
Project. Any activity that requires an application to obtain a building permit, demolition permit, encroachment permit, grading permit, or any similar permit from the city.
Recycle or recycling. The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, 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 facility. A recycling, composting, materials recovery or reuse facility.
Renovation. Any change, addition, or modification in an existing structure.
Reuse. Further or repeated use of construction or demolition waste.
Salvage. The controlled removal of construction or demolition waste from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
Security deposit. The cash or cash equivalent required to be deposited by an applicant for a permit for a covered project to insure that the applicant complies with the requirements of § 6-3-602.
Structure. Any building, commercial building, facility, house, industrial building, pavement or anything that has been constructed.
Waste reduction and recycling plan. The plan to divert construction and demolition waste from disposal at landfills that is required to be submitted by applicants for permits for covered projects. (Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-602 Duties of the C&D compliance officer.
The following are the duties of the C&D compliance officer:
(A) Develop and make available to applicants forms for the following:
(1) Applications for approval of wa ste reduction and recycling plans; (2) Posting security deposits for permits for covered projects; (3) Applications for exemption from complying with the diversion requirements of this subchapter; (4) Applications for refund of security deposits; and
(5) Notices of appeal of decisions of the C&D compliance officer. (B) Develop and disseminate a list of qualified recycling facilities; (C) Review covered projects to determine whether diversio n of at least 50 % of the construction and demolition waste is possible and to establish for projects for which such diversion is not possible a lower diversion requirement;
(D) Receive, review, approve, condition ally approve, or reject proposed waste reduction and recycling plans; (E) Determine compliance with the diversion requirements of § 6-3-603; (F) Review and determine whether to grant or deny exem ptions from the diversion requirements pursuant to § 6-3-604;
(G) Determine the amount of the security deposit require d for covered projects pursuant to § 6-3-605; and (H) Determine whether to forfeit, refund in whole, or ref und in part security deposits pursuant to § 6-3-606. (Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-603 Construction and demolition debris diversion requirement. (A) As to each covered project, the applicant shall reuse, recycle or divert at least 50 % of the construction and demolition waste generated from the project. As to any covered project, the C&D compliance officer may, based on a review of the project, determine that the 50 % diversion requirement is not possible to obtain, and in such case may establish a lower diversion requirement. (B) Applicants for permits for covered projects must sa tisfy the requirements of division (A) above to reuse, recycle or divert construction and demolition waste by completing one of the following two sets of actions:
(1) Obtaining approval of a waste reduction and recy cling plan for the project from the C&D compliance officer and completing the requirements of the approved plan; or (2) Obtaining for the project a construction and demo lition drop off box (DOB) service from a solid waste hauler that holds a franchise for solid waste disposal issued by the city and using that service for the disposal of all construction and demolition waste from the project that is not reused or recycled at the site of the project.
(C) If an applicant chooses not to use the DOB service for a project, then the following is required:
(1) Submittal of a waste reduction and recycling plan for the project with the submittal to the city of the application for the applicable permit for the project;
(2) The plan must include the meth od by which construction waste and debris will be hauled from the project, the recycling facility to which the debris is to be taken, all the certifications and licenses for the recycling facility, and a description of the method by which the debris will be recycled or reused and how much of the debris will be diverted from disposal in a landfill; (3) The applicant must pay the fee for the review of and determination of compliance with the waste reduction and recycling plan. This fee shall be paid at the same time as the submittal of the plan to the city;
(4) The applicant must obtain the approval of the plan by the C&D compliance officer. The C&D compliance officer may impose conditions on the approval of a plan; and/or (5) The applicant must follo w and complete the plan.
(D)(1) The C&D compliance officer shall approve a waste reduction and recycling plan only if the owner or operator of each recycling facility identified in the plan has submitted or submits documentation satisfactory to the C&D compliance officer which demonstrates the following:
(a) That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and
(b) The percentage of incoming waste from constructi on and demolition activities that is diverted from landfill disposal meets the required minimum percentage set forth in this subchapter.
(2) The C&D compliance officer shall make available to each applicant a current approved list of qualified recycling facilities.
(E) A fee for the review and determination of compliance with waste reduction and recycling plans may be established by resolution of the city council.
(F) Each applicant who applies for a pe rmit for a covered project, shall post a security deposit to guarantee performance of the diversion requirements of this subchapter. The security deposit shall be posted with the city at the same time the permit application is filed, and shall be in the form of cash or cash equivalent such as a cashier's check.
(Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-604 Exemptions.
(A) The following projects are exempt from the requirements of § 6-3-603:
(1) Work for which only a plumbing, electrical, or mechanical permit is required; (2) Seismic tie-down projects;
(3) Installation of prefabricated patio enclosures an d covers when no foundation or other structural building modifications are required;
(4) Installation of prefabricated accessories such as signs or antennas where no structural building modifications are required;
(5) Projects less than 250 square feet in size;
(6) Projects which have a valuation of less than $10,000.00; (7) Projects which involve a roof, but the tear-off of the existing roof is not required; (8) The construction of new fencing; and
(9) Construction or demolition work that the C& D compliance officer determines will not produce construction or demolition waste.
(B)(1) If an applicant for a project wants to obtain an exemption for that project, then the applicant shall file with the city an application for exemption. (2) The applicant shall comply with the following. (a) The application shall be filed with the C&D compliance officer. (b) The application will stat e the facts and reasons supporting the exemption. (C) The C&D compliance officer shall review each ap plication for exemptions and determine whether an exemption is allowed by this section and communicate that decision to the applicant. (Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-605 Security deposit required.
(A) The amount of the securi ty deposit for covered projects shall be as follows:
(1) Two hundred fifty dollars for re-roofin g with tear-off of the existing roof; (2) Five hundred dollars for the renovation of a residential or commercial structure, where the project valuation is $10,000.00 or greater (except for renovations consisting of additions, which are addressed in division (A)(3) below);
(3) Seven hundred fifty dollars for a renovation that con sists of the addition of an accessory structure or an addition to an existing residential or commercial structure, which is 250 square feet or greater in size, or when, the project valuation is $10,000.00 or greater; (4) One thousand dollars for new construction of a residential or commercial structure; and (5) One thousand dollars for the demolition of a residential or commercial structure. (B) The C&D compliance officer may reduce the amount of the security deposit for a project if they determine that the above deposit is too large compared to the amount of construction and demolition waste that would be generated by the project.
(Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-606 Refund of security deposit.
(A) An applicant may obtain a refund of a security deposit for a project by complying with the following. (1) The applicant shall file an application for a refund with the C&D compliance officer. (2) The application shall include in formation demonstrating that either the applicant has complied with the required waste reduction and recycling plan, or the applicant has obtained and utilized DOB service for the project.
(B) The C&D compliance officer shall refund the security deposit for a project when any of the following apply. (1) The security deposit was er roneously paid or collected. (2) The application for the permit is withdrawn or canceled before any construction work has commenced. (3) The minimum required diversion percentage of co nstruction and demolition waste generated by the project was diverted from landfill disposal.
(4) The minimum diversion requirement has not be en achieved, but the C&D compliance officer determines that the applicant has made a good faith effort to comply with the diversion requirements of this subchapter and it is not practicable or feasible for the applicant to meet the diversion requirement.
(5) The applicant has complied with and performed all the requirements of the waste reduction and recycling plan for the project.
(6) The applicant has obta ined DOB service for the project and used the service at the project site continuously until completion of the project.
(C) The C&D compliance officer may authorize a partial refu nd of a security deposit when less than the minimum diversion requirement has been met.
(Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-607 Forfeiture of security deposit.
Applicants shall forfeit the security deposit to the city under the following circumstances:
(A) If the C&D compliance officer determines that the applicant has not made a good faith effort to comply with this subchapter;
(B)if the applicant fails to submit the documentation required by section 6-3-606, then the security deposit shall be forfeited to the city § 6-3-603 within 60 days from the date of the final inspection; or
(C) Upon 60 days after permit expiration.
(Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-608 Use of security deposits.
Security deposits, including forfeited security deposits pursuant to § 6-3-607, received by the city shall be used for solid waste and recycling related purposes and other lawful purposes, including but not limited to, the following:
(1) Payment of refunds, including partial refunds, of security deposits; (2) Administrative costs of the construction and demolition waste recycling program, which are not covered by the application fee established pursuant to this subchapter; (3) Programs to divert construction and demolitio n waste from landfill disposal and other recycling programs;
(4) Programs intended to develop or improve the in frastructure needed to divert construction and demolition waste from landfill disposal and other recycling programs; (5) The funding of additional programs and activities th at are approved by the city council for any or all of the following purposes:
(a) To encourage the salvage, reuse, and recycling of solid waste, including construction and demolition waste;
(b) To assist local schools in deve loping educational programs relating to recycling and solid waste disposal and implementing waste reduction, recycling, and diversion plans and activities; (c) To develop and implement new recycling or d isposal programs for unique items in the waste stream, including, without limitation, universal waste, batteries, sharps, and fluorescent lights; (d) To develop and implement additional outreach and education programs and projects that assist the city in achieving its sustainability goals, including energy and water conservation, pollution prevention, reduction of solid waste from landfill disposal, reduction of greenhouse gas emissions and similar programs related to environmental issues; (e) Programs and staff for recycling im plementation and education efforts; (f) Educate generators and handlers of solid waste in the city regarding solid waste recycling and disposal alternatives;
(g) Review accuracy of contracted hauler reports, waste reduction and recycling plans and other records for collection, processing, and marketing of divertible materials and for collection and disposal of municipal solid waste;
(h) To further develop environmental sust ainability efforts within the city; and (i) Transfer to the general fund.
(Ord. 2003-131, § 2, passed 10-21-03; Ord. 2023-224, § 2, passed 9-5-23) § 6-3-609 Appeals.
(A) Applicants may appe al to the community development director any decision of the C&D compliance officer, including denial of exemptions, refusal to approve waste reduction and recycling plans, and refusals to refund security deposits (also known as "security deposit forfeiture").
(B) A notice of appeal from the de cision of the C&D compliance officer must be filed with the community development director within ten calendar days of the date that the decision being appealed was made by the C&D compliance officer.
(C) For purposes of this section, security deposit forfeiture shall be administered as an administrative citation for failure of applicant to fulfill all Construction and Demolition Waste Recycling Program requirements. All notice, notice contents, procedures, administrative hearing requests and procedures, decisions, and rights to judicial review shall be made and enforced pursuant to Title 1, Chapter 3, Subchapter 2, commencing with § 1-3-11.
(D) The notice of appeal shall set forth the particular decision or decisions being appealed, the reasons the appellant contends that the decision or decisions are incorrect, and all supporting documentation. (E) The failure to file a notice of appeal of a decision made by the C&D compliance officer within the time prescribed herein shall constitute a waiver of any complaint or objection to that decision and such decision shall be final.
(F) The community development director shall review the notice of appeal and supporting documentation, hold a hearing where applicable, and render a decision on the appeal. (Ord. 2003-131, § 2, passed 10-21-03; Ord. 2023-224, § 5, passed 9-5-23) § 6-3-610 Violations.
(A) It shall be unlawful for any person to engage in the construction or demolition of a covered project contrary to or in violation of any provision of this subchapter. (B) If violations of the provisions of this subchapter exist as to a project, the issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected. (C) Any person violating any of the provisions of this su bchapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this subchapter is committed, continued or permitted, and upon such conviction of any such violation, such person shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both fine and imprisonment. (Ord. 2003-131, § 2, passed 10-21-03)
SUBCHAPTER 7. ORGANIC WASTE DISPOSAL REDUCTION
§ 6-3-700 Definitions.
For the purposes of this subchapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined elsewhere in this chapter shall have the same meanings herein unless expressly defined in this subchapter. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number.
Blue container. Has the same meaning as in 14 CCR Section California Code of Regulations § 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. The body of the blue container is either blue or black in color and the lid is blue in color for residential and commercial 35-, 64- or 96-gallon recyclable materials carts. The body of the 'blue container' is white in color and the lid of the container is blue or black in color for two, three, four, or six cubic yard commercial recyclable materials bins.
CalRecycle means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Cities (and others).
California Code of Regulations or "CCR". The State of California Code of Regulations. CCRCalifornia Code of Regulations references in this subchapter are preceded with a number that refers to the relevant Title of the CCR California Code of Regulations (e.g., "14 CCR California Code of Regulations" refers to Title 14 of CCRCalifornia Code of Regulations).
CalRecycle. California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for the state’s recycling and waste management programs, including developing, implementing, and enforcing SB 1383 Regulations.
City enforcement official. The city manager, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance. See also Regional or County Agency Enforcement Official.
Commercial business or Commercial. Means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section California Code of Regulations § 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 subchapter.
Commercial edible food generator. Includes a tier one or a tier two commercial edible food generator as defined in § 6-3-700(ooo) and 6-3-700(ppp) of this article or as otherwise defined in 14 CCR SectionCalifornia Code of Regulations § 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 SectionCalifornia Code of Regulations § 18982(a)(7).
Compliance review. a review of records by the city to determine compliance with this subchapter.
Community composting. 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 SectionCalifornia Code of Regulations § 17855(a)(4); or, as otherwise defined by 14 CCR SectionCalifornia Code of Regulations § 18982(a)(8).
Compost. Has the same meaning as in 14 CCR SectionCalifornia Code of Regulations § 17896.2(a)(4), which stated, as of the effective date of this subchapter, that Compost means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
Compostable plastics or compostable plastic. Plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR SectionCalifornia Code of Regulations §§ 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
Container contamination or contaminated container. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR SectionCalifornia Code of Regulations § 18982(a)(55).
C&D. Construction and demolition debris.
Designee. An entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this subchapter as authorized in 14 CCR SectionCalifornia Code of Regulations § 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
Direct service provider. A person, company, agency, district, or other entity that provides a service or services to city pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(17).
Edible food. Food intended for human consumption, or as otherwise defined in 14 CCR SectionCalifornia Code of Regulations § 18982(a)(18). For the purposes of this subchapter or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(18), edible food is not solid waste if it is recovered and not discarded.
Nothing in this subchapter or in 14 CCRCalifornia Code of Regulations, 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, being California Health and Safety Code § 113700 et seq.
Enforcement action. An action of the city to address non-compliance with this subchaoter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Excluded waste. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in 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 multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with the California Public Resources Code §§ 41500 and 41802. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.
Food distributor. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(22).
Food facility. The same meaning as in the California Health and Safety Code § 113789.
Food recovery. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(24).
Food recovery organization. (1) 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 California Code of Regulations § 18982(a)(25), including, but not limited to:
(a) A food bank, as defined in the California Health and Safety Code § 113783; (b) A nonprofit charitable organization, as defined in the California Health and Safety Code § 113841; and, (c) A nonprofit charitable temporary food facility, as defined in the California Health and Safety Code § 113842.
(2) A food recovery organization is not a commercial edible food generator for the purposes of this subchapter and implementation of 14 CCRCalifornia Code of Regulations, Division 7, Chapter 12 pursuant to 14 CCR Section California Code of Regulations § 18982(a)(7). (3) If the definition in 14 CCR Section California Code of Regulations § 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section California Code of Regulations § 18982(a)(25) shall apply to this subchapter.
Food recovery service. 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 California Code of Regulations § 18982(a)(26). A food recovery service is not a commercial edible food
generator for the purposes of this subchapter and implementation of 14 CCRCalifornia Code of Regulations, Division 7, Chapter 12 pursuant to 14 CCR SectionCalifornia Code of Regulations § 18982(a)(7).
Food scraps. All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, fats, oils, grease, and eggshells.
Food service provider. 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 California Code of Regulations §18982(a)(27).
Food-soiled paper. 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. Food scraps.
Gray container. Has the same meaning as in 14 CCR Section California Code of Regulations § 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste. The body and lid of the gray container is black in color for 35-, 64- or 95-gallon residential and commercial solid waste carts. The body of the gray container is blue in color and the lid of the container is black in color for commercial two, three, four and six cubic yard solid waste bins.
Gray container waste. Solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections California Code of Regulations § 18984.1(a) and (b), or as otherwise defined in 14 CCR SectionCalifornia Code of Regulation§ 17402(a)(6.5).
Green container. Has the same meaning as in 14 CCR sectionCalifornia Code of Regulations § 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste. The lid of the green container is green in color and the body is black in color for residential and commercial 35-, 64- or 95-gallon organic waste carts. The body of the green container is white in color and the lid of the container is green in color for commercial two-yard organic waste bins.
Grocery store. 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 California Code of Regulations § 18982(a)(30).
Hauler route. 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 California Code of Regulations § 18982(a)(31.5).
High diversion organic waste processing facility. A facility that is in compliance with the reporting requirements of 14 CCR Section California Code of Regulations § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR Section California Code of Regulations § 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section California Code of Regulations § 17402(a)(11.5); or, as otherwise defined in 14 CCR SectionCalifornia Code of Regulations § 18982(a)(33).
Inspection. 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 subchapter, or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(35).
Large event. 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 I -
14 CCR Section California Code of Regulations § 18982(a)(38) differs from this definition, the definition in 14 CCR Section California Code of Regulations § 18982(a)(38) shall apply to this subchapter.
Large venue. 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 subchapter and implementation of 14 CCRCalifronia Code of Regulations, 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 subchapter and implementation of 14 CCRCalifornia Code of Regulations, 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 California Code of Regulations § 18982(a)(39) differs from this definition, the definition in 14 CCR Section California Code of Regulations § 18982(a)(39) shall apply to this subchapter.
Local education agency. 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 SectionCalifornia Code of Regulations § 18982(a)(40).
Multi-family residential dwelling or multi-family. 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 CCRCalifornia Code of Regulations, 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 California Code of Regulations § 18982(a)(41).
Non-local entity. The following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(42):
(1) Federal facilities located within th e boundaries of the city, including the Chet Holifield Federal Building; and
(2) State agencies located within the boundaries of the city, including all public school locations.
Non-organic recyclables. 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 California Code of Regulations § 18982(a)(43).
Notice of violation (NOV). 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 California Code of Regulations § 18982(a)(45) or further explained in 14 CCR Section California Code of Regulations § 18995.4.
Organic waste. 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 California Code of Regulations § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section California Code of Regulations § 18982(a).
Organic waste generator. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section California Code of Regulations § 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 SectionCalifornia Code of Regulations § 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 California Code of Regulations § 18982(a)(54).
Prohibited container contaminants. The following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container; and, (4) excluded waste placed in any container.
Recovered organic waste products. Products made from state, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR SectionCalifornia Code of Regulations § 18982(a)(60).
Recovery. Any activity or process described in 14 CCR Section California Code of Regulations § 18983.1(b), or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(49).
Recycled-content paper. Paper products and printing and writing paper that consists of at least 30 %, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(61).
Regional agency. Regional agency as defined in California Public Resources Code § 40181.
Regional or county agency enforcement official. A regional or county agency enforcement official, designated by the city with responsibility for enforcing the ordinance in conjunction or consultation with city enforcement official.
Restaurant. 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 SectionCalifornia Code of Regulations § 18982(a)(64).
Route review. 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 California Code of Regulations §18982(a)(65).
SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7, and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the California 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 eligible mulch. Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR California Code of Regulations, Chapter 12 of Division 7. This SB 1383 eligible mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section California Code of Regulations § 18993.1(f)(4):
(1) Produced at one of th e following facilities:
(a) A compostable material handling oper ation or facility as defined in 14 CCR Section California Code of Regulations § 17852(a)(12), that is permitted or authorized under 14 CCR California Code of Regulations, Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section California Code of Regulations § 17852(a)(10); (b) A transfer/processing facility or transf er/processing operation as defined in 14 CCR Sections California Code of Regulations § 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR California Code of Regulations, Division 7; or
(c) A solid waste landfill as defined in California P ublic Resources Code § 40195.1 that is permitted under 27 CCR California Code of Regulations, Division 2. (2) Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections California Code of Regulations § 17852(a)(24.5)(A)1 through 3, as enforced by § 6-3-708(A).
SB 1383 Regulations or SB 1383 Regulatory. The short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCRCalifornia Code of Regulations, Division 7, Chapter 12 and amended portions of regulations of 14 CCRCalifornia Code of Regulations and 27 CCRCalifornia Code of Regulations.
Self-hauler. A person, who hauls solid waste, organic waste or recyclable material they have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section California Code of Regulations § 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 California Code of Regulations 18982(a)(66)(A).
Single-family. Of, from, or pertaining to any residential premises with fewer than five units.
Solid waste. Has the same meaning as defined in California Public Resources Code § 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the Ca lifornia Public Resources Code § 40141. (2) Radioactive waste regulated pursuant to the California Radiation Control Law (Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the California Health and Safety Code). (3) Medical waste regulated pursuant to the California Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the California Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in California Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the California Public Resources Code.
Source separated. 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 California Code of Regulations § 17402.5(b)(4). For the purposes of this subchapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.
Source separated blue container organic waste. Source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR Section California Code of Regulations § 18982(a)(43), or as otherwise defined by 14 CCR California Code of Regulations § 17402(a)(26.7).
Source separated green container organic waste. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.
Source separated recyclable materials. Source separated non-organic recyclables and source separated blue container organic waste.
State. The State of California.
Supermarket. A full-line, self-service retail store with gross annual sales of $2,000,000.00, 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 California Code of Regulations § 18982(a)(71).
Tier one commercial edible food generator. (1) A commercial edible food generator that is one of the following:
(a) Supermarket;
(b) Grocery store with a total facility size equa l to or greater than 10,000 square feet; (c) Food service provider;
(d) Food distributor; and
(e) Wholesale food vendor.
(2) If the definition in 14 CCR Section California Code of Regulations § 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section California Code of Regulations § 18982(a)(73) shall apply to this subchapter.
Tier two commercial edible food generator. (1) A commercial edible food generator that is one of the following:
(a) Restaurant with 250 or more seats, or a total fac ility size equal to or greater than 5,000 square feet; (b) Hotel with an on-site food fa cility and 200 or more rooms; (c) Health facility with an on-site f ood facility and 100 or more beds; (d) Large venue ;
(e) Large event ;
(f) A state agency with a cafeteria with 250 or more se ats or total cafeteria facility size equal to or greater than 5,000 square feet; and
(g) A local education agency facility with an on-site food facility. (2) If the definition in 14 CCR Section California Code of Regulations § 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section California Code of Regulations § 18982(a)(74) shall apply to this subchapter.
Wholesale food vendor. 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 California Code of Regulations § 189852(a)(76).
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-701 Requirements for single-family generators.
Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in § 6-3-707:
(A) Shall subscribe to city's organic waste collect ion services for all organic waste generated as described)in division (B) below. The City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for
proper separation of materials and containment of materials; and, single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section California Code of Regulations § 18984.9(c); and
(b) 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.
(1) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.
(2) Generators shall not place materials designated for the gray container into the green container or blue container.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-702 Requirements for commercial businesses.
Generators that are commercial businesses, including multi-family residential dwellings, shall:
(A) Subscribe to city's three-container collection servic es and comply with requirements of those services as described below indivision (B), except commercial businesses that meet the self-hauler requirements in § 6-3-707. 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; (B) Except commercial businesses that meet the self-hauler requirements in § 6-3-707, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below.
(1) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.
(2) Generator shall not place materials designated for the gray container into the green container or blue container.
(C) Supply and allow access to adequate number, size an d location of collection containers with sufficient labels or colors (conforming with division (D)(1) and (D)(2) below) for employees, contractors, tenants, and customers, consistent with city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with§ 6-3-707;
(D) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business.
Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. (2) Pursuant to 14 CCR Section California Code of Regulations § 18984.9(b), the containers provided by the business shall have either:
(a) 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 this division (D) prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or (b) Container labels that include language or graphi c 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 California Code of Regulations § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(E) Multi-family residential dwellings are not require d to comply with container placement requirements or labeling requirement in division (D) above, pursuant to 14 CCR SectionCalifornia Code of Regulations § 18984.9(b);
(F) To the extent practical through education, trai ning, 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 blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with § 6-3-707; (G) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section California Code of Regulations § 18984.9(b)(3);
(H) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials;
(I) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property; (J) Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with § 6-3-711 to confirm compliance with the requirements of this subchapter; (K) If a commercial business wants to self-haul, meet the self-hauler requirements in § 6-3-707; (L) 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 California Code of Regulations § 18984.9(c); and
(M) Commercial businesses that are tier one or tier tw o commercial edible food generators shall comply with food recovery requirements, pursuant to § 6-3-704. (Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-703 Waivers for generators.
(A) 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 subchapter if the commercial
business provides documentation or if the city has evidence demonstrating, that the business generates below a certain amount of organic waste material as described in division (A)(2) below. If the city has sufficient evidence demonstrating that a commercial business generates below a certain amount of organic waste as described in division (A)(2) below, it may verify that the commercial businesses' organic waste generation meets the threshold without the receipt of a waiver application as described indivision (A)(1) below. As part of the organic waste generation verification process, the city may request documentation from the commercial business as described indivision (A)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services th at they are requesting a waiver from and provide documentation as noted in division (A)(2) below.
(2) Provide documentation that either:
(a) The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or (b) The commercial business' tota l solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 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; and (4) Provide written verification of eligibility for de mini mis waiver every five years, if city has approved de minimis waiver.
(B) Physical space waivers. (1)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 of §§ 6-3-701 or 6-3-702. (2) A commercial business or property owner may request a physical space waiver through the following process:
(a) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver;
(b) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer; and (c) Provide written verification to city that it is still elig ible for physical space waiver every five years, if city has approved application for a physical space waiver.
(Ord. 2021-209, § 1, passed 5-4-21; Ord. 2023-224, § 3, passed 9-5-23)
§ 6-3-704 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 California Code of Regulations § 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 ed ible food that would otherwise be disposed; (2) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edib le 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 de signated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section California Code of Regulations § 18991.4; (5) Keep records that include the following in formation, or as otherwise specified in 14 CCR SectionCalifornia Code of Regulations § 18991.4:
(a) A list of each food recovery service or organiza tion that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section California Code of Regulations § 18991.3(b);
(b) A copy of all contracts or writ ten agreements established under 14 CCR Section California Code of Regulations § 18991.3(b); and
(c) A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address and contact information of the food recovery service or food recovery organization;
2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization;
3. The established frequency that food will be collected or self-hauled;
4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery. (6) No later than March 31 of each year, commencing no later than February 1, 2023 for tier one commercial edible food generators and February 1, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information:
(a) A copy of all contracts or writ ten agreements established under 14 CCR Section California Code of Regulations § 18991.3(b);
(b) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery; (c) The name, address and contact information of the food recovery service or food recovery organization.
(D) Nothing in this subchapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Bill Emerson Good Samaritan Food Donation Act or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 [commencing with § 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the California Education Code, and to amend of the California Health and Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-705 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 California Code of Regulations § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section California Code of Regulations § 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 collect ed from each commercial edible food generator per month;
(3) The quantity in pounds of edible food transported to each food recovery organization per month; and (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 receivin g edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section California Code of Regulations § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR SectionCalifornia Code of Regulations § 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; and
(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
(C) No later than March 31 of each year, commencing March 31, 2023 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 SectionCalifornia Code of Regulations § 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 California Code of Regulations § 18991.3(b).
(D) In order to support edible food recovery capacity planning assessments or other studies conducted by the city or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city. (Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-706 Requirements for haulers and facility operators. (A) Requirements for haulers.
(1) Exclusive franchised hauler prov iding 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:
(a) Through written notice to the city annually on or before March 15 th identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste;
(b.) Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCRCalifornia Code of Regulations, Division 7, Chapter 12, Article 2; and (c) Obtain approval from the city to haul organi c 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 California Code of Regulations § 18989.1, this subchapter, and City's C&D ordinance.
(B) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city 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 60 days. (2) Community composting operators, upon city reques t, 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 60 days.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-707 Self-hauler requirements.
(A) Self-haulers shall source separate all recyclable ma terials and organic waste (materials that 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 California Code of Regulations §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section California Code of Regulations § 18984.3. (B) Self-haulers shall haul their source separated recyclab le materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility. (C) (1) Self-haulers that are commercial businesses (inc luding multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. (2) The records shall include the following information:
(a) Delivery receipts and weight tickets from the entity accepting the waste; (b) The amount of material in cubic yards or tons transported by the generator to each entity; (c) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
(D) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in division (C) above to the city, if requested. (E) A residential organic waste generator that self-hauls or ganic waste, as described in § 6-3-48, is not required to record or report information in divisions (C) and (D) above. (Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-708 Procurement requirements for city departments, direct service providers, and vendors.
(A) Direct service providers of landscaping maintenance, renovation, and construction shall:
(1) Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the city, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application shall comply with 14 CCRCalifornia Code of Regulations, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section California Code of Regulations § 17852(a)(24.5)(A)(1) through (3); and
(2) (a) Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to city, upon completion of projects. (b) Information to be provided shall include:
1. General description of how and where the product was used and if applicable, applied;
2. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured;
3. Type of product;
4. Quantity of each product; and,
5. Invoice or other record demonstrating purchase or procurement. (B) All vendors providing paper products and printing and writing paper shall:
(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber instead of non- recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than 10% of the total cost for non-recycled items.
(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 C.F.R. § 260.12. (3) Certify in writing, under penalty of perjury, the minimum percentage of post-consumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts prov ided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 C.F.R. § 260.12 (2013); and
(5) Provide records to the city's recovered organic waste product procurement recordkeeping staff, in accordance with the city's recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and non- recycled content, if any is purchased) made by any division or department or employee of the city.
Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in divisions (B)(3) and (B)(4) above for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-709 Compliance with CALGreen recycling requirements. (A) (1) 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 CCRCalifornia Code of Regulations, 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 than the requirements of this section, the CALGreen requirements shall apply. (2) Project applicants shall refer to city's building and/or planning code for complete CALGreen requirements.
(B) 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-fam ily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCRCalifornia Code of Regulations, Part 11 as amended provided 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 blue container and green container materials, 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 §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCRCalifornia Code of Regulations, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020; and (3) Comply with CALGreen requirements and applicab le law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with city's C&D ordinance, § 6.3.603 and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(Ord. 2021-209, § 1, passed 5-4-21)
Sec. 6-3-710. Model water efficient landscaping ordinance requirements. (a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new single-family, multi-family, public, institutional, or commercial project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section.
(b) The following compost and mulch us e requirements that are part of the MWELO are now also included as requirements of this article.
(c) Property owners or their buildin g or landscape designers that meet the threshold for MWELO compliance outlined in 6-3-710(a) above shall:
(1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, comp ost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling. b. For landscape installations, a mi nimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
(2) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this section shall consult the full MWELO for all requirements. (d) If, after the adoption of this article, the Califor nia Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires the city to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter
2.7 shall be enforced.
(Ord. No. 2021-209, § 1, 5-4-21)
§ 6-3-711 Inspections and investigations by city.
(A) City representatives and/or its designated entity, in cluding designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this subchapter 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 city to enter the interior of a private residential property for inspection. (B) (1)Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this subchapter described herein. (2) Failure to provide or arrange for: (a) access to an entity's premises; or (b) access to records for any inspection or investigation is a violation of this subchapter and may result in penalties described.
(C) Any records obtained by a 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 California Government Code Section 6250 § 792.000 et seq.
(D) City representatives, its designat ed entity, and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this subchapter, subject to applicable laws.
(E) City shall receive written complaints from persons re garding an entity that may be potentially non-compliant with SB 1383 (2016) Regulations, including receipt of anonymous complaints under 14 California Code of Regulations § 18995.3.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-712 Enforcement.
(A) Notice and fines. Violation of any provision of this subchapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this subchapter are issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines set forth in §§ 1-3-11 through 1-3-25 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 subchapter and any rule or regulation adopted pursuant to this subchapter, except as otherwise indicated in this subchapter. (B) Other remedies. 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 state courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
(C) Responsible entity for enforcement.
(1) Enforcement pursuant to this subchapter may be undertaken by the city enforcement official, which may be the city manager, or their designated entity, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a regional or county agency enforcement official, designated by the city, in consultation with city enforcement official. (a) City enforcement official(s) a nd regional or county agency enforcement official will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met. (b) City enforcement official(s) a nd regional or county agency enforcement official may issue notices of violation(s).
(D) Process for enforcement.
(1) (a)City enforcement officials or regional or co unty enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 6-3-711 establishes city's right to conduct inspections and investigations.
(b) The City may issue an official notification to no tify regulated entities of its obligations under the ordinance.
(c) The City shall issue a notice of violation requirin g compliance within 60 days of issuance of the notice. (d) Absent compliance by the respondent within the dead line set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city's administrative citation ordinance in §§ 1-3-11 through 1-3-25. (2) Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information. (E) Penalty amounts for types of violations. Consistent with § 1-3-17, the penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $100.00 per violation; (2) For a second violation, the amount of the base penalty shall be $200.00 per violation; and (3) For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation. (F) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquake s, wildfires, flooding, and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in organic waste recycling infrastructu re or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section California Code of Regulations § 18996.2 due to those deficiencies.
(G) Appeals process. Consistent with §§ 1-3-19 through 1-3-24, persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city's procedures in the city's codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order. (h) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the city or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this subchapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (i) Civil penalties for non-compliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this subchapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-713 Effective date.
This subchapter shall be effective commencing on January 1, 2022. (Ord. 2021-209, § 1, passed 5-4-21)
SUBCHAPTER 8. SPECIAL COLLECTION
§ 6-3-800 Waste diversion programs at special events.
(A) The promoter, coordinator or responsible party for a sp ecial event held within the city must provide a level of municipal solid waste storage, collection and disposal, and recyclable materials and food scraps storage, collection and diversion, sufficient to handle all such materials generated at the special event. (B) This section shall apply to special ev ents with 1,000 or more attendees. (C) The responsible party shall, as part of the special event permit application, submit an implementation plan for the handling and diversion of recyclable materials and food scraps generated at the event that meets the requirements of this section. The responsible party shall submit a refundable deposit of $500.00 with the special event application.
(D) The promoter, coordinator or responsible party sha ll provide containers at appropriate locations at the special event to facilitate the source separation of municipal solid waste, recyclable materials and food scraps by event employees, vendors and attendees.
(E) The three types of containers shall:
(1) Be appropriate in number and size with respect to the quantity of municipal solid waste, recyclable materials, and food scraps anticipated to be generated at the special event; (2) Bear appropriate signage to identify the type of materials to be contained. Containers shall meet any additional design criteria established by the city; and (3) Be placed together as municipal solid waste, re cyclable materials and food scrap material stations throughout the special event venue to provide equally convenient access to users for disposal of municipal solid waste and diversion of recyclable materials and food scraps. (F) If the promoter or coordinator determines that ve ndor booths at the special event will require municipal solid waste containers, the vendors shall receive from the coordinator, promoter or responsible party a set of the three containers bearing appropriate signage to identify the type of material to be contained in each container.
(G) The use of public municipal solid waste containers or public recycling or food scrap containers at special events is prohibited. The promoter, coordinator or responsible party shall remove or cover all public municipal solid waste, recycling and food scraps receptacles to prevent their use during the special event. (H) The promoter, coordinator or responsible party shall arrange for the collection of all municipal solid waste, recyclable materials and food scraps at frequencies that prevent the overflow of said materials from storage containers at the special event. For special events of more than one day in duration, all municipal solid waste, recyclable materials and food scraps must be either collected and transported off site at the end of each day or emptied into interim containers (lidded wheeled carts, lidded bins or covered roll off boxes) at the end of each day as required to prevent odors, vectors and blowing litter.
(I) The promoter, coordinator or responsible party shall arrange for the collection and transport of all municipal solid waste to a fully permitted landfill or other fully permitted disposal site and shall arrange for the collection and transport of all recyclable materials and food scraps to permitted processing facilities for these materials to be diverted.
(J) (1)The promoter, coordinator or responsible party sha ll obtain weight tickets from the disposal site and all permitted processing facilities showing the date and weight of the materials delivered to the facility from the special event. (2) The promoter, coordinator or responsible party shall submit the following information to the City within 30 days of the end of the special event:
(a) Name and date(s) of the special event;
(b) Contact information for the responsible party, promoter or coordinator; (c) Address of location where event was held;
(d) Number of attendees for each day of the event;
(e) Quantity of municipal solid waste collected and disposed; (f) Quantity of recyclable mate rials collected and disposed; (g) Quantity of food scraps collected and disposed; and (h) Copies of weight tickets from municipal solid waste disposal facility and all permitted processing facilities where recyclable materials and food scraps were delivered. (K) The diversion deposit paid by the promoter, coordinator or responsible party shall be returned upon city verification that the diversion programs were carried out in compliance with this section. The diversion deposit shall be retained by the city in the event the city enforcement official or their designee determines that the solid waste diversion program was not implemented in compliance with this section. (Ord. 2023-224, § 4, passed 9-5-23)
Chapter 4 FOOD AND SANITATION
Subchapter 1. General Pr ovisions, §§ 6-4-1—6-4-13
Subchapter 2. Food Handling Businesses, §§ 6-4-14—6-4-39 Subchapter 3. Health Services Fee, §§ 6-4-40—6-4-59
Subchapter 4. Alcoholic Beverages Warning Signs, §§ 6-4-60—6-4-66
SUBCHAPTER 1. GENERAL PROVISIONS
§§ 6-4-1—6-4-13 Reserved.
SUBCHAPTER 2. FOOD HANDLING BUSINESSES2
§ 6-4-14 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Certified farmer's market. As defined in the California Health and Safety Code § 1137425 of the health and safety code.
Commissary. As defined in the California Health and Safety Code § 1137510 of the health and safety code. (c) Food establishment shall be as defined in section 113780 of the health and safety code.
Food facility. As defined in the California Health and Safety Code § 1137895 of the health and safety code.
Food processing establishment. As defined in the California Health and Safety Code § 111955.
Health department or department. The Orange County health care agency.
Health officer. The county health officer or their deputy.
Inspector. An environmental health specialist, as defined in California health and safety code § 106615, employed by the health department, or the health officer, or any deputy health officer authorized to inspect premises or equipment for the enforcement of this subchapter.
Mobile food facility. As defined in the California Health and Safety Code § 11381531 of the health and safety code.
Open-air barbecue. As defined in the California Health and Safety Code § 11384330 of the health and safety code.
Person. As defined in the California Health and Safety Code § 11385540 of the health and safety code.
Premises. Include land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or food facilities or on such premises.
Produce stand. As defined in the California Health and Safety Code § 11387955 of the health and safety code.
Restricted food service transient occupancy establishmentfacility. As defined in the California Health and Safety Code § 11389370 of the health and safety code.
Satellite food distribution facilityservice. As defined in the California Health and Safety Code § 11389980 of the health and safety code.
Temporary food facility. As defined in the California Health and Safety Code § 113930895 of the health and safety code.
(q) Vehicle shall be as defined in section 113900 of the health and safety code.
Vending machine. As defined in the California Health and Safety Code § 11393803 of the health and safety code.
Vending machine business. The business of selling food or beverages by means of vending machines, regardless of the number of locations at which the vending machines are located. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 1, passed 2-1-94; Ord. 96-92, § 14, passed 8-20-96)
§ 6-4-15 Permit required: conditions and terms.
(A) It shall be unlawful for any person to operate any food facility, vending machine business, food processing establishment, or any other food handling business governed by this subchapter, without first applying for and receiving a food vending permit issued by the health department under the provisions of this subchapter.
(B) Every applicant for a food vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this subchapter, and such other information as the health department may require.
Applicants for a permit to operate a mobile food preparation unit shall, in addition, provide a list of three service stops which shall include the address of exact location and time of each stop. (C) A permit may be issued when investigation has dete rmined that the proposed facility and its method of operation will conform to all applicable laws and regulations. A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity approved and, unless suspended or revoked, for the time period indicated. (D) Any permit may be suspe nded or revoked for a violation of any applicable provisions of law or regulation.
Any food facility, vending machine business, food processing establishment, or any other food handling business governed by this subchapter, for which the permit has been suspended or revoked shall close and remain closed until the permit has been reinstated or until a new permit has been issued. (E) Permits may be granted at any time during the year. A permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 2, passed 2-1-94)
§ 6-4-16 Construction, conversion and alteration.
A person proposing to build or remodel a food facility, vending machine business, food processing establishment, or any other food handling business governed by this subchapter, shall submit three copies of the complete plans and specifications to the health department for review and approval pursuant to the applicable requirements of the Health and Safety Code. The health officer may thereafter issue a certificate stating that modifications, if any, are required for compliance with applicable laws and ordinances. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 3, passed 2-1-94) § 6-4-17 Suspension of permits.
A permit issued under this subchapter or its predecessor may be suspended or revoked under the procedure set forth in this subchapter for any of the following reasons:
(A) Violation of state law;
(B) Violation of this subchapter;
(C) Violation of the rules an d regulations adopted pursuant to this subchapter; or (D) Upon recommendation by the health officer.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 4, passed 2-1-94)
§ 6-4-18 Notice of violation.
When any laws, this subchapter or rules and regulations have been violated, an inspector may serve written notice thereof entitled "Notice of Violation" specifying:
(A) The acts or omissions with which the permittee is charged; (B) The provision or provisions violated thereby;
(C) The corrective steps required;
(D) The date by which all such corre ctions must be completed, allowing a reasonable period therefor; (E) That the permittee has a right to a hearing upon written request or that a mandatory hearing has been scheduled; and
(F) That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the health department does not receive notice that all such corrections have been made before 9:00 a.m. of the date specified under division (D) above, the permit will be subject to suspension or revocation from that time until all violations have been corrected.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 5, passed 2-1-94) § 6-4-19 Hearing.
The hearing shall be held by the health officer, or their duly authorized representative who is a qualified environmental health specialist as defined in the California Health and Safety Code § 106615 and registered as provided in § 106710 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measure taken.
(A) (1)The permit holder shall have the right to a hearin g, if requested, on all violations listed in the notice.
A written request for a hearing shall be made by the permittee within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process.
(2) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action.
(B) (1)At the conclusion of the hearin g, the hearing officer shall issue a written notice of decision to the permittee within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension, or that the permit has been revoked. (2) The health officer may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any of the requirements of the applicable laws, rules and regulations.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 6, passed 2-1-94; Ord. 96-92, § 15, passed 8-20-96) § 6-4-20 Mobile food preparation units generally.
In addition to all other applicable provisions of the Health and Safety Code and of this subchapter, mobile food preparation units shall comply with the following safety requirements: