ORDINANCE O2022-___
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAPA, AMENDING NAPA MUNICIPAL CODE CHAPTER 5.60 AND AMENDING TITLE 5 TO ADD CHAPTER 5.61 “MANDATORY MUNICIPAL SOLID WASTE, RECYCLABLE MATERIAL, AND COMPOSTABLES DISPOSAL REDUCTION” TO COMPLY WITH THE REQUIREMENTS OF SB 1383; AND DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS ORDINANCE ARE EXEMPT FROM CEQA WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Municipal Solid Waste (MSW) generated in their City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS, Assembly Bill 341 of 2011 places requirements on businesses and multi-family property owners that generate a specified threshold amount of MSW to arrange for recycling services and the City to implement a mandatory commercial recycling program; and WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi-family property owners that generate a specified threshold amount of MSW, Recycling, and Compostables per week to arrange for recycling services for that waste and requires the City to implement a Mandatory Commercial Organics Recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities including the City, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, Authorized Contractors, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Compostables disposal reduction targets; and WHEREAS, SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of SB 1383; and WHEREAS, the City desires to amend Napa Municipal Code Chapter 5.60 and to amend Napa Municipal Code Title 5 to add Chapter 5.61 to implement the requirements of AB 341, AB 1826, and SB 1383.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Napa as follows:
SECTION 1: CEQA. The City Council hereby determines that the actions authorized by this Ordinance are exempt from CEQA pursuant to CEQA Guidelines Section 15308 (Class 8) as actions taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate and that there are no usual circumstances that would cause this Ordinance to have a significant effect on the environment. The City Council further determines that this Ordinance is adopted pursuant to CalRecycle’s SB 1383 Regulations; the SB 1383 Regulations were the subject of the SB 1383 Regulations, Short-Lived Climate Pollutants: Organic Waste Methane Emission Reductions program EIR (SB 1383 Regulations EIR), SCH#2018122023, prepared by the Department of Resources Recycling and Recovery; and the activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations and the SB 1383 Regulations EIR.
SECTION 2: Amendment. Napa Municipal Code Chapter 5.60, is hereby amended by deleting the existing text in its entirety and replacing it with the following:
Chapter 5.60
MUNICIPAL SOLID WASTE, RECYCLABLE MATERIALS AND COMPOST COLLECTION AND DISPOSAL Sections:
5.60.010 Definitions.
5.60.020 Collection services contracts.
5.60.030 Reserved.
5.60.040 Reserved.
5.60.050 Use of containers required.
5.60.060 Location of Containers, MSW, Recyclable Material, and Compostables collection areas and enclosures..
5.60.070 Owners of commercial and/or Multi-Family complexes to Collection areas and enclosures, and pay for collection.
5.60.080 Burning or burying MSW, Recyclable Material, and/or Compostables.
5.60.090 Disposal of MSW, Recyclable Material, and Compostables.
5.60.100 Reserved.
5.60.110 Who may collect, transport—Generally.
5.60.120 Permits to collect, transport.
5.60.130 Requirements for Self-Haulers when collecting, transporting without permit.
5.60.140 Emergency removal.
5.60.150 Exemptions: Disposition of MSW, Recyclable Material, and Compostables having value; Donated Recyclable Material; Source and Type- Separated Recyclable Materials; Construction and Demolition Debris; Yard Trimmings..
5.60.160 Collection by authorized contractor unless otherwise specified.
5.60.170 Sanitation of collection vehicles.
5.60.180 Marking of authorized contractors’ vehicles.
5.60.190 Marking of permittees’ vehicles—Duty to exhibit permit.
5.60.200 Frequency of collections by authorized contractor.
5.60.210 Reserved.
5.60.220 Collection service rates.
5.60.230 Enforcement.
5.60.240 Ownership and collection of Recyclable Materials; Unauthorized collection prohibited.
5.60.010 Definitions.
As used in this chapter, the words below shall have the following definitions, unless the context specifically indicates otherwise:
“Authorized Contractor” means a person, company, agency, district, or other entity authorized by the City Council to provide collection services within the city limits in accordance with the provisions this Chapter. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). "Collection Services" means the collection, transportation, processing and disposal of MSW, Recyclable Material, and Compostables by the Authorized Contractor pursuant to this Chapter and Chapter 5.61. “Commercial Business,” “Business,” or “Businesses” is defined in 14 CCR Section 18982(a)(6) and means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Complex. “Compost or Compostables” has the same meaning as in 14 CCR Section 17896.2(a)(4), and means those materials that are processed in a controlled biological decomposition process, which are source separated from the municipal solid waste stream. Compostables include food scraps, food soiled paper products, yard trimmings and wood materials and that do not contain hazardous waste. “Construction and Demolition (C&D) Debris” includes waste building materials, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements. “Container" or "Containers” means watertight metal or plastic objects with lids or covers provided by the City or Authorized Contractor that are designed, and used to hold MSW, Recyclable Material, Compostables, or cooking oil/grease prior to collection. Containers include wheeled carts with lids, bins, open-top roll-off boxes, compactors, and oil/grease tanks. “Contamination” means the placing of materials in a Container that is labeled and intended for storage of another type of material, and which would either interfere with the processing of the material or reduce the quality and value of the recovered material. For example, placing metals or plastics in a container labeled “Yard Trimmings” constitutes Contamination because it would interfere with the equipment and processes used to compost or mulch the Yard Trimmings. Similarly, placing Food Scraps in a Container labeled “Recyclable Materials” would contaminate Recyclable Materials, making it more difficult to properly sort and process them for marketing. “Director” means the Utilities Director of the City of Napa, or designee of the Utilities Director or City Manager. “Enclosure” means a walled structure for the storage of MSW, Recyclable Materials and Compostables Containers, with one or more gates for access. “Enclosure Standards” means the “Solid Waste, Recyclable Materials and Compostables Enclosure Standards” adopted pursuant to Section 17.52.390 and any future revisions thereto. “Food Scraps” means all surplus, spoiled or unsold food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, eggshells and solid fats, oils & grease (no liquids). "Food Soiled Paper" means 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, coffee filters, tea bags, wax paper, butcher paper and waxed cardboard, paper take out boxes, paper egg cartons, and milk cartons. “Generate” means to bring into existence or create, or to use, maintain or possess an item, material or product, the result of which such creation, bringing into existence, use, maintenance or possession is that the item, material or product first becomes, or is converted, transformed, evolved to, or deemed as MSW, Recyclable Materials, or Compostables. “Generate” shall not mean or include any form of activity, program, service of business by which MSW, Recyclable Materials or Compostables are in any manner collected or accumulated from another person, business, entity or establishment of any kind. “Generator” means any Person that Generates MSW, Recyclable Materials or Compostables. “Multi-Family Complex” means a residential premises with five (5) or more dwelling units. Multi-Family Complexes do not include hotels, motels, or other transient occupancy facilities. “Municipal Solid Waste” or “MSW” means all fractions of discarded putrescible and non-putrescible solid, semi-solid and liquid wastes, including trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded substances or materials. MSW does not include:
Hazardous Waste, as defined in the State Public Resources Code Section 40141.
Low-level Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
Untreated medical waste which is regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a MSW landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be MSW shall be regulated pursuant to Division 30 of the State Public Resources Code.
Recyclable Materials which have been source-separated and/or source and type-separated from other waste material by the Generator. “Person” is defined in Section 1.04.030 of this code.
“Recyclable Material” means material which otherwise would become or be treated as MSW but which, by means of a process of collecting, sorting, cleansing, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the market place. “Recyclable Materials” includes paper, books, magazines, cardboard, box board, plastic, metal, glass, and other similar materials authorized by the city for collection by the Authorized Contractor. “Residential Premises” includes single-family dwellings, Multi-Family Complexes (such as townhouses, apartments, and condominiums) and mobile home parks that are provided individual collection service at each dwelling unit, whether by means of walk-in or curbside collection, and which may be individually billed by the Authorized Contractor, or billed as part of a central billing process, by a home owners' association, landlord or property manager. “Self-Hauler” means a Person other than the Authorized Contractor, whose primary business is not waste hauling, who hauls MSW, Recyclable Material, or Compostables he or she has Generated to a transfer, processing, recovery, or disposal facility. Self-Hauler also includes a Person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means Generating and transporting Compostables to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). "Single-Family" means of, from, or pertaining to any Residential Premises with fewer than five (5) units. “Soiled Paper Products” means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags and cardboard and wax-coated cardboard produce boxes. “Soiled Paper Products” does not include polystyrene (aka. Styrofoam), plastic-backed paper, blue-line paper or blueprints, diapers, kitty litter, any paper containing plastics, aluminum foil or foil-lined food wrap. “Source and Type-Separated Recyclable Materials” means those Recyclable Materials which satisfy each of the following requirements:
Have been segregated from MSW for handling different from that of MSW by or for the Generator thereof; Are not commingled; and
After such segregation, contain no more than 5% by weight (measured by each load being transported, collected and/or disposed) of any residual or contaminant material which cannot be recycled, composted or similarly utilized, and which instead must be disposed of as MSW or otherwise. "Wood Material" means wood pieces or particles that are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. “Wood Material” does not include treated wood materials. "Yard Trimmings" means tree trimmings, grass cuttings, leaves, branches, and similar organic materials, including vineyard clippings, sawdust, wooden chopsticks, and other clean wood items under 36 inches.
5.60.020 Collection services contract.
The City may enter into exclusive or non-exclusive contracts for Collection Services. The term of the contract shall not exceed twenty five (25) years; provided however, the contract may be extended or renewed for up to fifteen (15) years.
5.60.030 Reserved.
5.60.040 Reserved.
5.60.050 Use of containers required.
All Generators within the City shall deposit and store all MSW, Recyclable Material, and Compostables Generated at their location and/or from their operations in Containers at all times. Containers must be kept clean, free of Contamination and sanitary at all times, and be kept covered except when MSW, Recyclable Material or Compostables are deposited therein or removed therefrom.
5.60.060 Location of Containers, MSW, Recyclable Material, and Compostables collection areas and enclosures.
All Containers shall be located and maintained on the premises where MSW, Recyclable Material, and Compostables are Generated, in a place easily accessible to the Authorized Contractor but where it will not be a public nuisance or otherwise offensive.
MSW, Recyclable Material, and Compostables collection areas and Enclosures for Containers shall be sited, constructed, operated and maintained in accordance with the requirements of Section 17.52.390 and the Enclosure Standards.
5.60.070 Owners of Commercial Business premises and Multi-Family Complexes to furnish Collection areas and enclosures, and pay for Collection.
The owners of Commercial Businesses and Multi-Family Complexes shall provide all tenants with adequate collection areas and space for the disposal and storage of MSW, Recyclable Material, and Compostables and shall pay for Collection Services if tenant is not required to pay for such services .
5.60.080 Burning or burying MSW, Recyclable Material, and/or Compostables.
No Person shall burn or bury any MSW, Recyclable Material, or Compostables within the city except that combustibles may be disposed of by burning inside buildings in stoves for that purpose to the extent permitted under laws of the state.
5.60.090 Disposal of MSW, Recyclable Material, and Compostables.
No Person shall keep, accumulate, or permit to be kept or accumulated, MSW, Recyclable Material or Compostables within the City except in Containers accessible to the Authorized Contractor and suitable for collection by the Authorized Contractor. Nothing herein contained shall prevent a Person from disposing of Compostables in a compost pile or by burying to the extent permitted under existing laws, ordinances and regulations.
5.60.100 Reserved.
5.60.110 Who may collect, transport—Generally.
Except as otherwise expressly authorized in this Chapter, no Person other than the Authorized Contractor shall collect and dispose of any MSW, Recyclable Material, or Compostables from any other Person, or transport MSW, Recyclable Material, or Compostables on the streets of the City.
Except as otherwise expressly authorized in this Chapter, no Generator shall pay, reimburse, contract with or in any other way arrange for any other Person other than the Authorized Contractor, to collect, transport and/or dispose of MSW, Recyclable Materials, or Compostables.
Except as otherwise expressly authorized in this Chapter, no Person shall use any artifice, business structure or other attempt to evade the requirements of this Chapter in any manner by collecting and disposing for a fee or charge the MSW, Recyclable Material, or Compostables of another Person.
5.60.120 Permits to collect, transport.
The Director may issue written permits for the transportation and disposal by a particular Person of MSW, Recyclable Material, or Compostables generated by that Person and for the collection and transportation of Compostables Generated by another Person when it is to be used for the purpose of feeding animals. Such permit shall be revocable at any time and may be subject to conditions and limitations set forth by the Director, including, but not limited to, limitations on the type of Compostables included within the permit, limitations as to place and manner of disposition, and limitations as to time and mode of collection and transportation.
5.60.130 Requirements for Self Haulers when collecting, transporting without permit.
Any Self-Hauler may, without a permit, collect and transport MSW, Recyclable Material, and Compostables Generated by the Self-Hauler if all of the following conditions are satisfied:
The MSW, Recyclable Material, or Compostables must be suitably packed and loaded and in containers to ensure that there is no spillage; and The MSW, Recyclable Material, or Compostables must be so collected and transported for disposition, and must be disposed of, at a landfill, transfer station, recovery or processing facility which is appropriately permitted or authorized under applicable state laws and regulations; and The collection, transportation and disposal does not violate Section 5.60.110 .
5.60.140 Emergency removal.
No provisions of this Chapter shall bar any Person from removing MSW, Recyclable Material, or Compostables in an emergency situation where the Authorized Contractor for any reason is unable to collect said MSW, Recyclable Material, or Compostables, and where such removal is necessary for the protection of public health.
5.60.150 Exemptions: Disposition of MSW, Recyclable Material, and Compostables having value; Donated Recyclable Material; Source and Type- Separated Recyclable Materials; Construction and Demolition Debris; Yard Trimmings.
No provision of this Chapter shall prevent the disposition of Recyclable Material or Compostables for which there are established commercial values, and for which the Generator, accumulator, or producer actually receives compensation, such as used kitchen fats, but not including MSW for animal feeding, provided said materials are accumulated in a sanitary manner and disposed of through regular commercial channels.
No provision of this Chapter shall prohibit the donation of Recyclable Material or Compostables for which there are established commercial values by the Generator, accumulator, or producer of such Recyclable Material to any City−approved drop−off center. Further, notwithstanding any other provision of this Chapter, Recyclable Material may be provided free of charge to any charitable, youth, civic, religious, or similar person, group or organization, or the collection, transport and/or disposal of such Recyclable Material by such person, group or organization, provided there is no fee for service paid to such person, group or organization or costs or expenses incurred by the Generator, accumulator or producer of said Recyclable Material .
Nothing in this Chapter shall prohibit any Person from collecting, disposing, or transporting any Source and Type−Separated Recyclable Materials for which the Authorized Contractor does not provide Recyclable Material services pursuant to the City’s approved Recyclable Material program to or at any Recyclable Material drop−off center or facility which is appropriately permitted or authorized under applicable health and safety laws and regulations. The City’s Utilities Department shall maintain for public inspection and copying a list of all Recyclable Material collected and disposed of by the Authorized Contractor which are included in the City’s Recyclable Material program.
Nothing in this chapter shall apply to or prohibit the disposition, collection, transport or disposal by any Person of Construction and Demolition Debris.
Nothing in this Chapter shall prohibit the collection, transportation, or disposal of Yard Trimmings by any Person as an incidental part of a landscaping or gardening service by that Person.
Collection by Authorized Contractor unless otherwise specified.
Except as specifically otherwise provided in this Chapter, all MSW, Recyclable Material, and Compostables within the City shall be collected by the Authorized Contractor.
Except as otherwise expressly authorized by this Chapter, it shall be unlawful for any Person to fail to deliver MSW, Recyclable Material, or Compostables to the Authorized Contractor, or to subscribe to the Collection Service.
Except as otherwise expressly authorized by this Chapter, it shall be unlawful for any Person to pay, reimburse, contract with or otherwise arrange for any other Person, other than the Authorized Contractor, to collect, transport or dispose of MSW, Recyclable Material, or Compostables Generated, produced or otherwise accumulated within the City.
Except as otherwise provided in subsection E below, all Generators shall subscribe to Collection Services provided by the Authorized Contractor.
The following Generators shall not be required to subscribe to Collection Service provided by the Authorized Contractor:
A Generator who demonstrates and certifies to the satisfaction of the Director that the Generator owns and/or occupies a structure that as of August 3, 1999 was not required to receive Collection Service; did not receive Collection Service as of August 3, 1999 and has not received Collection Service any time after such date.
A Generator who demonstrates and certifies to the satisfaction of the Director, that Collection Service is not needed because the Generator satisfies one of the following criteria:
the Generator does not Generate sufficient MSW, Recyclable Material, and Compostables to require Collection Service, and promptly and appropriately transports his/her MSW, Recyclable Material and Compostables to a permitted disposal facility; or the Generator otherwise has arranged for shared MSW, Recyclable Material, and Compostables disposal with another Generator receiving Collection Service, and such shared service does not involve an undue accumulation or improper storage of MSW, Recyclable Material, and Compostables.
5.60.170 Sanitation of collection vehicles.
Any vehicle used for the conveyance of MSW, Recyclable Material, and Compostables shall be staunch, tight and constructed so as to wholly prevent spills and leakage, and each such vehicle shall be maintained in a neat, clean and painted condition, acceptable as determined solely at the discretion of the City.
5.60.180 Marking of contractors’ vehicles.
It shall be unlawful for the Authorized Contractor to fail or neglect to place, on a conspicuous place on each side of each vehicle used in transporting MSW, Recyclable Material, and Compostables, the Authorized Contractor’s identity.
5.60.190 Marking of permittees’ vehicles—Duty to exhibit permit.
It shall be unlawful for any person holding a permit from the Director to remove and transport MSW, Recyclable Material, and Compostables, to fail or neglect to place on each side of each vehicle used for the conveyance of such MSW, Recyclable Material, and Compostables, the words “Permit No.” together with the number of the permit issued therefor, or to fail or neglect to produce and exhibit the permit issued therefor, whenever requested by any law enforcement officer or the Director.
5.60.200 Frequency of Collections by Authorized Contractor.
The Authorized Contractor shall collect MSW, Recyclable Material, and Compostables once a week from all Residential Premises within the City and from Commercial Businesses within the City at such more frequent intervals as the quantity of MSW, Recyclable Material, and Compostables produced, and the interest of public health and safety require. Any Person desiring the removal of special accumulations of MSW, Recyclable Material, and Compostables shall notify the Authorized Contractor thereof, and the Authorized Contractor shall remove the same within a reasonable time.
5.60.210 Reserved.
5.60.220 Collection service rates.
The rates charged for Collection Services shall be established by resolution of the City Council.
Any Person receiving Collection Services shall pay the rates charged by the date set forth in the bill provided by the City or Authorized Contractor.
Any charges that are not paid within ten (10) days after such charges are due shall be delinquent and shall be subject to late fees established by resolution of the City Council.
Delinquent accounts shall be subject to enforcement in accordance with Chapter 1.16. At the discretion of the Director, the City may, or may cause the Authorized Contractor to, remove Containers and discontinue Collection Service for any delinquent accounts until all delinquent amounts have been paid in full.
Delinquent amounts shall become a lien against the property provided the Collection Service and may be collected at the time and manner that property taxes are collected.
The Director will develop administrative regulations approved as to form by the City Attorney and approved by the City Manager for procedures for enforcement of delinquent accounts, including options for payment plans.
5.60.230 Enforcement.
The Director shall be authorized to enforce the provisions of this Chapter.
Any violation of this Chapter is subject to enforcement in accordance with Chapter 1.16 (Violation of Code – Enforcement) of this code (particularly including the remedies identified in Section 1.16.010) and Chapter 8.16 (Public Nuisances).
The City shall have the authority to inspect, review and copy the books, records and documents of any Person to determine and establish whether there has been compliance with or violation of this Chapter, and every Person shall, upon request by the City provided with ten (10) days written notice, produce such books, records or documents for inspection, review and copying by the City or its designee or representative. The City shall have the authority in its discretion to issue administrative subpoenas, and/or to obtain subpoenas from a court of competent jurisdiction, to require the production of books, records, and documents and to compel testimony under oath in order to determine and establish compliance with or violation of this Chapter.
The City shall have the authority to inspect all MSW, Recyclable Material, and Compostables being transported, recovered, or disposed to determine compliance with or violation of this Chapter and shall further have the authority to issue administrative subpoenas and/or obtain subpoenas from a court of competent jurisdiction to require such inspection.
5.60.240 Ownership and collection of Recyclable Material; Unauthorized Collection Prohibited.
Recyclable Material which are placed at the curbside or other collection location designated by the City or the Authorized Contractor for collection by the Authorized Contractor in Containers, shall be collected solely by the Authorized Contractor.
No Person other than the Authorized Contractor, shall remove Recyclable Material which has been placed in Containers at the curbside or other designated collection location for removal by the Authorized Contractor.
It shall be unlawful for any Person to burn, break, destroy, scatter, scavenge, collect, or take any Recyclable Material placed at the curbside or other designated collection location for collection by the Authorized Contractor, without the consent of both (1) the Generator of the Recyclable Material, and (2) the Authorized Contractor.
It shall be unlawful for any Person other than (1) the Generator of the Recyclable Material; (2) the City or any authorized representative thereof; or (3) the Authorized Contractor, or any designee thereof, to remove any Containers, from the curbside or other designated collection location.
Nothing in this Chapter shall limit the right of a Person to donate, sell or otherwise dispose of recyclable material in accordance with the provisions of this Chapter.
SECTION 3: Amendment. Title 5 of the Napa Municipal Code is hereby amended to add Chapter 5.61 to read as follows:
Chapter 5.61 Mandatory Municipal Solid Waste, Recyclable Material, and Compostables Disposal Reduction.
Sections:
5.61.010: Definitions
5.61.020: Requirements for Single-Family Generators
5.61.030: Requirements for Commercial Businesses
5.61.040: Waivers for Generators
5.61.050: Requirements for Edible Food Generators
5.61.060: Requirements for Food Recovery Organizations and Services
5.61.070: Requirements for Authorized Contractors and Facility Operators
5.61.080: Self-Hauler Requirements
5.61.090: Compliance with CALGreen Recycling Requirements
5.61.100: Inspections and Investigation by City
5.61.110: Enforcement
5.61.120: Effective Date
Section 5.61.010: Definitions
As used in this Chapter, the words below shall have the following definitions, unless the context specifically indicates otherwise:
“Authorized Contractor” is defined at Section 5.60.010. “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials (Non-organic recyclables = glass, metal, and plastic) or Source Separated Blue Container Compostables (organic recyclables such as clean paper and cardboard). The body of the “blue container” is blue with a blue lid for residential and commercial 35-, 65-, or 95-gallon Recyclable Materials carts. The body of the “blue container” is white in color with the lid of the container blue in color for 2,3,4 or 6 cubic yard commercial Recycling Materials bins. “CalRecycle” is defined at Section 5.60.010.
“California Code of Regulations” or “CCR” is defined at Section 5.60.010. “Co-Collected Yard Trimmings and Food Scraps” means organics including yard trimmings generated at a residential, commercial, or industrial premises that are co-collected with food waste generated at the same residential, commercial, or industrial premises (including a single-family dwelling, duplex, triplex, fourplex or a multi-family complex). “Co-Collected Yard Trimmings and Food Scraps” are stored together in containers and are collected together. Co-collected yard trimmings and food scraps shall not contain over 50% food scraps, by weight. “Collection” means the taking of physical possession of MSW, recyclables, Compostables, and Yard Trimmings from Generators, and their transport to the MDF or Transfer Station. "Collection Services" is defined at Section 5.60.010.
"Commercial Business " is defined at Section 5.60.010.
“Commercial Edible Food Generator” includes a Tier One, or a Tier Two Commercial Edible Food Generator as defined in Sections 6.61.050(uuu) and 6.61.060(vvv) of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). “Compliance Review” means a review of records by the city to determine compliance with this Chapter. “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). "Compost,” or “Compostables" is defined at Section 5.60.010. “Compostables Generator” means a person or entity that is responsible for the initial creation of Compostables. “Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). “Contamination” is defined at Section 5.60.010.
“Container" or "Containers” is defined at Section 5.60.010. “Container Contamination” or “Contaminated Container” means a Container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). “Construction and Demolition Debris” or C&D” includes waste building materials, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements. “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Section as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. “Director” is defined at Section 5.60.010.
“Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not MSW if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. “Enforcement Action” means an action of the City pursuant to Chapter 1.16 of this code to address non-compliance with this Chapter. "Enforcement Officer" is defined at Section 1.24.020.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill 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 MSW after implementation of programs for the safe Collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with California Public Resources Code Sections 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” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). “Food Facility” means a Commercial Business that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
A food bank as defined in Health and Safety Code Section 113783; A nonprofit charitable organization as defined in Health and Safety Code Section 113841; and A nonprofit charitable temporary food facility as defined in Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter. “Food Recovery Service” means a Person that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food Scraps” is defined at Section 5.60.010.
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). "Food-Soiled Paper" is defined at Section 5.60.010.
“Generator” is defined at Section 5.60.010.
“Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste. The body and lid of the 'Gray Container' is gray in color for 20, 35, 65, or 95-gallon residential and commercial MSW carts. The body of the 'Gray Container' is brown in color and the lid of the container is black in color for commercial 1.5, 2, 3, 4, and 6 cubic yard MSW bins. “Gray Container Waste” means MSW that is collected in a Gray Container that is part of a three-container Compostables Collection Service that prohibits the placement of Compostables in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and Collection of Source Separated Green Container Compostables . The lid and body of the 'Green Container' is green in color for residential and commercial 35- or 64-gallon Compostables carts. "Green Container" may also include brown containers that are currently used for Collection of Source Separated Green Container Compostables, until those containers reach the end of their useful life, or until their replacement is required by state law, whichever comes first. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). “Hauler Route” means the designated daily, weekly, or other itinerary or sequence of stops for each segment of the City’s Collection Service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). “High Diversion Compostables Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Compostables received from the “Mixed waste organic Collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). “Inspection” means a site visit where a City reviews records, Containers, and Person’s Collection, handling, recycling, or landfill disposal of Compostables or Edible Food handling to determine if the Person is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter. "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a “venue facility” includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition in 13 CCR Section 18982(a)39 shall apply to this Section. “Local Enforcement Agency” means the agency designated pursuant to Part 4 of the California Integrated Waste Management Act of 1989, as amended, and Public Resources Code Sections 40000, et seq., with responsibility for enforcing this Chapter, if authorized by the City.
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to MSW, or as otherwise defined in 14 CCR Section 18982(a)(40). “Multi-Family Complex” is defined at Section 5.60.010.
"Municipal Solid Waste" or “MSW” is defined at Section 5.60.010. “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
Public universities or colleges located within the City, including Napa Valley College.
State fairgrounds located within the City, including the Napa Valley Expo (25th District Agricultural Association of the California Department of Food and Agriculture).
State agencies located within the City, including all public-school locations, the Department of Motor Vehicles and California Department of Transportation. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). “Notice of Violation (NOV)” means a notice that a violation of this Chapter has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Person” is defined at Section 1.04.030.
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). “Prohibited Container Contaminants” means the following:
Discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City Blue Container.
Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Compostables for the City Green Container.
Discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Compostables to be placed in City Green Container and/or Blue Container; and Excluded Waste placed in any container.
“Recovered Compostables Products” means products made from California, landfill-diverted recovered Compostables processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). “Recyclable Materials” is defined at Section 5.60.010.
“Regional Agency” is defined in Public Resources Code Section 40181. "Renewable Gas” means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Compostables, or as otherwise defined in 14 CCR Section 18982(a)(62). “Responsible Person” is defined at Section 1.16.010.
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). “Route Review” means a visual Inspection of Containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. “Self-Hauler” is defined at Section 5.60.010.
"Single-Family" is defined at Section 5.60.010.
“Soiled Paper Products” is defined at Section 5.60.010. "Source Separated" means materials, including commingled Recyclable Materials, that have been separated or kept separate from the MSW stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of Collection such that Source Separated materials are separated from Gray Container Waste or other MSW for the purposes of Collection and processing. “Source Separated Blue Container Compostables ” means Source Separated Compostables (e.g. non-soiled paper products) that can be placed in a Blue Container that is limited to the Collection of Compostables, and Non-Organic Recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7). “Source Separated Green Container Compostables ” means Source Separated Compostables that can be placed in a Green Container that is specifically intended for the separate Collection of Compostables by the Generator, excluding Source Separated Blue Container Compostables , carpets, Non-Compostables Paper, and textiles. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Compostables . “Recyclable Materials” includes paper, books, magazines, cardboard, boxes, plastic, metal, glass, food waste and other similar materials authorized by the City for Collection by the Authorized Contractor. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
Supermarket.
Grocery Store with a total facility size equal to or greater than 10,000 square feet.
Food Service Provider.
Food Distributor.
Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
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.
G. A Local Education Agency facility with an on-site Food Facility.
H. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). “Uncontainerized Yard Trimming Collection Services” or “Uncontainerized Service” means a Collection Service that collects yard trimmings that are placed in a pile or bagged for Collection on the street in front of a Generator’s house or place of business for Collection and transport to a facility that recovers Source Separated Compostables, or as otherwise defined in 14 CCR Section 189852(a)(75). “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). "Yard Trimmings” is defined at Section 5.60.010.
Section 5.61.020: Requirements for Single-Family Generators.
Single-Family MSW, Recyclable Material, and Compostable Generators shall comply with the following requirements, except Single-Family Generators that meet the Self-Hauler requirements in Section 5.61.080 of this Chapter:
Shall subscribe to the Collection Service for all MSW, Recyclable Material, and Compostables generated as described below in subsection (B). The City shall have the right to review the number and size of Single-Family Containers to evaluate adequacy of capacity provided for each type of Collection Services for proper separation of materials and containment of materials.
Shall participate in the Collection Service by placing MSW, Recyclable Material, and Compostables in designated Containers as described below and shall not place Prohibited Container Contaminants in Containers.
Generator shall place Source Separated Green Container Compostables, including Food Scraps and Yard Trimmings, 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, nor place materials designated for the Green or Blue Containers into the Gray Container.
Section 5.61.030: Requirements of Commercial Businesses.
Commercial Business MSW, Recyclable Material, and Compostables Generators shall:
Except Commercial Businesses that meet the Self-Hauler requirements in Section 5.61.080 of this Chapter, subscribe to the Collection Services for all MSW, Recyclable Material, and Compostables generated, and comply with requirements of those services as described below in subsection (B),. City shall have the right to review the number and size of a Commercial Business' Containers and frequency of Collection to evaluate adequacy of capacity provided for the Collection Service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their Collection Service as requested by the City.
Except Commercial Businesses that meet the Self-Hauler requirements in Section 5.61.080 of this Chapter, participate in the City's Compostables Collection Service by placing designated materials in designated containers as described below.
Generator shall place Source Separated Green Container Compostables including Food Scraps and Yard Trimmings, 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, nor place materials designated for the Green or Blue Containers into the Gray Container.
Supply and allow access to adequate number, size, and location of Containers with sufficient labels or colors (conforming with Subsections (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 Section 5.61.080.
Excluding Multi-Family Complexes, provide Containers for the Collection of Source Separated Green Container Compostables and Source Separated Recyclable Materials in all indoor and outdoor areas where 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 Containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either:
A body or lid that conforms with the Container colors provided through the Collection Service, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container..
Excluding Multi-Family Complexes, to the extent practical through education, training, inspection, and/or other measures, 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 Section 5.61.080.
Excluding Multi-Family Complexes, periodically inspect Blue Containers, Green Containers, and Gray Containers for Contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(b)(3).
Annually provide information to employees, contractors, tenants, and customers about Compostables Recovery requirements and about proper sorting of Source Separated Green Container Compostables and Source Separated Blue Cart Recyclable Materials.
Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Compostables and Source Separated Blue Container Recyclable Materials separate from Gray Container Waste (when applicable) and the location of Containers and the rules governing their use at each property.
Provide or arrange access for City, its agent or designee to their properties during all Inspections conducted in accordance with Section 5.61.120 of this Chapter to confirm compliance with the requirements of this Chapter.
Accommodate and cooperate with City's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, if enacted by City, and which may be implemented at a later date, to evaluate Generator’s compliance with Section 5.61.030(B). The Remote Monitoring program may involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers.
At Commercial Business’s option and subject to any approval required from the City, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and/or Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Commercial Business Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and/or Gray Containers subject to written approval by the Director, which the Director may grant or deny in the Director’s sole discretion.
Meet the Self-Hauler requirements in Section 5.61.080, if a Commercial Business wants to Self-Haul.
Nothing in this Section prohibits a Generator from preventing or reducing MSW generation, managing Compostables on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Sections 5.61.050 and 5.61.060.
Section 5.61.040: Waivers for Generators
The Director may waive a Single Family's or Commercial Business' obligation to comply with some or all of the Compostable requirements of this Chapter, consistent with applicable state laws and/or regulations. The Director will develop administrative regulations approved as to form by the City Attorney and approved by the City Manager for procedures for requesting, processing and approving waivers.
Section 5.61.050: Requirements for Commercial Edible Food Generators.
Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
Commercial Edible Food Generators shall comply with the following requirements:
Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
Contract with, or enter into a written agreement with, Food Recovery Organizations or Food Recovery Services for: (i) the Collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
Allow the Enforcement Officer or Designee to access the premises and review records pursuant to 14 CCR Section 18991.4.
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
The established frequency that food will be collected or self-hauled.
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
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, and unless otherwise specified by the City, no later than March 31st of each subsequent year, provide an annual Food Recovery report to the City that includes the following information:
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(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.
The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Chapter 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
Section 5.61.060: Requirements for Food Recovery Organization and Services.
Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1 ):
The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
No later than March 31st 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 Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
Food Recovery Capacity Planning
In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City or its Designee, 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.
Section 5.61.070: Requirements for Authorized Contractor and Facility Operators.
The Authorized Contractor must meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Compostables:
Through written notice to the City annually on or before March 31st identify the facilities to which it will transport Compostables including facilities for Source Separated Recyclable Materials and Source Separated Green Container Compostables .
Transport Source Separated Recyclable Materials and Source Separated Green Container Compostables to a facility, operation, activity, or property that recovers Compostables as defined in 14 CCR, Division 7, Chapter 12, Chapter2.
Obtain approval from the City to haul Compostables, unless it is transporting Source Separated Compostables to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, this Section, and Chapter 17.32 of this code.
The Authorized Contractor shall comply with education, equipment, signage, Container labeling, Container color, Contamination monitoring, reporting, and other requirements contained within its agreement(s), permit(s), and license(s) entered into with City.
Requirements of facility operators and Community Composting operations Owners of facilities, operations, and activities that recover Compostables, including, but not limited to, landfills, material Recovery facilities, transfer stations, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
Community Composting operators, upon City's request, shall provide information to the City to support Compostables capacity planning, including, but not limited to, an estimate of the amount of Compostables anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days Section 5.61.080: Self-Hauler Requirements.
Self-Haulers shall source separate all Recyclable Material and Compostables (materials that City otherwise requires Generators to separate for Collection in the City's Recycling Material and Compostable Collection Service) generated on-site from MSW in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Compostables to a High Diversion Compostables Processing Facility in accordance with 14 CCR Section 18984.3.
Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Compostables to a MSW facility, operation, activity, or property that processes or recovers Source Separated Compostables . Alternatively, Self-Haulers may haul Compostables to a High Diversion Compostables Processing Facility.
Self-Haulers that are Commercial Businesses shall keep a record of the amount of Compostables delivered to each MSW facility, operation, activity, or property that processes or recovers Compostables; this record shall be subject to Inspection by the City. The records shall include the following information:
Delivery receipts and weight tickets from the entity accepting the waste.
The amount of material in cubic yards or tons transported by the Generator to each entity.
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 Compostables.
Self-Haulers that are Commercial Businesses shall provide information collected in Section 5.61.080(c) to City, if requested.
A residential Compostables Generator that self-hauls Compostables , as described in Section 5.60.130 is not required to record or report information in Section 5.61.080(C) and (D).
Section 5.61.090: Compliance with CALGreen Recycling Requirements.
Persons applying for a permit from the City for new construction and building additions and alterations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if the 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.
Project applicants shall refer to Chapter 15.04 of this code for complete CALGreen requirements.
For projects covered by CAL Green, the applicants must, as a condition of the City's permit approval, comply with the following:
Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and Collection of Blue Container and Green Container materials, consistent with the Collection Services offered by the City, or comply with provision of adequate space for recycling for Multi-Family Complexes and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
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 Collection Services offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family Complexes and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Compostables in C&D from disposal. Comply with City's C&D ordinance, Chapter 15.32 of this code , and all written and published City policies and/or administrative guidelines regarding the Collection, Recycling, diversion, tracking, and/or reporting of C&D.
Section 5.61.100: Inspections and Investigations by City.
An Enforcement Officer and/or its designated entity, are authorized to conduct Inspections and investigations, at random or otherwise, of any Container, Collection Services vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated Materials to confirm compliance with this Chapter by Compostables Generators, Commercial Businesses, property owners, Commercial Edible Food Generators, Authorized Contractor, 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.
All Compostables Generators shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Enforcement Officer and/or its designated entity, during such Inspections. Such Inspections may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described herein.
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 Government Code Sections 6250 et seq.
An Enforcement Officer and/or its designated entity, are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
City may receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
Section 5.61.110: Enforcement.
Violation of any provision of this Chapter shall be subject to an Enforcement Action in accordance with Chapter 1.16 of this code.
Responsibility for Enforcement
Enforcement pursuant to this Chapter may be undertaken by an Enforcement Officer, the Director, or the City Attorney, or combination thereof. Enforcement may also be undertaken by the Local Enforcement Agency, if designated and authorized by the City.
An Enforcement Officer, and/or Local Enforcement Agency (if designated), will interpret this Chapter to determine if violation(s) have occurred; implement Enforcement Action(s); determine if compliance standards are met; and/or issue a Notice of Violation(s).
Process of Enforcement
An Enforcement Officer, and/or Local Enforcement Agency (if designated), will monitor compliance with this Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 5.61.100 establishes City's right to conduct Inspections and investigations.
City may issue an official notification to regulated entities of its obligations under this Chapter.
For any violation or alleged violation of this Chapter, the City will issue a Notice of Violation to the Responsible Person requiring compliance within 60 days of issuance of the notice. Notices shall be sent in accordance with Chapter 1.12 of this code.
If the Responsible Person fails to comply within the deadline set forth in the Notice of Violation, the City will commence an Enforcement Action pursuant to Chapter 1.24.
Fines for violations of this Chapter shall be as set forth in Section 1.24.060 of this code.
Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Subsection C if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including any of the following:
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; Delays in obtaining discretionary permits or other government agency approvals; or, Deficiencies in MSW, Recyclable and Compostables infrastructure or Edible Food Recovery capacity, and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2.
Appeals
If the Responsible Person is dissatisfied with an Enforcement Action taken pursuant to this Chapter, the Responsible Person may appeal the decision in accordance with Chapter 1.26 of this code.
Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, 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 a MSW, Recyclable, or Compostables Generator; Self-Hauler; Authorized Contractor; Tier One Commercial Edible Food Generator; Food Recovery Organization; Food Recovery Service; or other entity is not in compliance, the City will provide educational materials to the noncomplying entity describing its obligations under this Chapter, 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 Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that a MSW, Recyclable or Compostables Generator; Self-Hauler; Authorized Contractor; Tier One or Tier Two Commercial Edible Food Generator; Food Recovery Organization; Food Recovery Service; or other entity is not in compliance with this Chapter, the City will document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section , as needed.
SECTION 4: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 5: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Napa, a municipal corporation
MAYOR: _______________________________
ATTEST: _______________________________
CITY CLERK OF THE CITY OF NAPA
STATE OF CALIFORNIA
COUNTY OF NAPA SS:
CITY OF NAPA
I, Tiffany Carranza, City Clerk of the City of Napa, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 21st day of December, 2021, and had its second reading and was adopted and passed during the public meeting of the City Council on the 4th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
Tiffany Carranza
City Clerk
Approved as to Form:
________________________
Michael W. Barrett
City Attorney
O2022-__ Page 1 of 2 January 4, 2022
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