Agenda packet — Ontario City Council, July 5, 2022 (part 3 of 3)

0.006 0.0005 0.01 1999 0.007 0.007
cis-1,2-Dichloroethylene 0.006 0.0005 0.013 2018 0.07 0.07 trans-1,2-
Dichloroethylene

0.01 0.0005 0.05 2018 0.1 0.1
Dichloromethane
(Methylene chloride)

0.005 0.0005 0.004 2000 0.005 zero
1,2-Dichloropropane 0.005 0.0005 0.0005 1999 0.005 zero 1,3-Dichloropropene 0.0005 0.0005 0.0002 1999
(rev2006)
-- --
Ethylbenzene 0.3 0.0005 0.3 1997 0.7 0.7
Methyl tertiary butyl
ether (MTBE)

0.013 0.003 0.013 1999 -- --
Monochlorobenzene 0.07 0.0005 0.07 2014 0.1 0.1
Styrene 0.1 0.0005 0.0005 2010 0.1 0.1
1,1,2,2-
Tetrachloroethane

0.001 0.0005 0.0001 2003 0.1 0.1
Tetrachloroethylene
(PCE)

0.005 0.0005 0.00006 2001 0.005 zero
560
State Regulated
Volatile Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Toluene 0.15 0.0005 0.15 1999 1 1
1,2,4-Trichlorobenzene 0.005 0.0005 0.005 1999 0.07 0.07 1,1,1-Trichloroethane
(1,1,1-TCA)

0.200 0.0005 1 2006 0.2 0.2
1,1,2-Trichloroethane
(1,1,2-TCA)

0.005 0.0005 0.0003 2006 0.005 0.003
Trichloroethylene (TCE) 0.005 0.0005 0.0017 2009 0.005 zero Trichlorofluoromethane
(Freon 11)

0.15 0.005 1.3 2014 -- --
"1,1,2-Trichloro-1,2,2-
Trifluoroethane (Freon
113)"

1.2 0.01 4 1997
(rev2011)
-- --
Vinyl chloride 0.0005 0.0005 0.00005 2000 0.002 zero
Xylenes 1.750 0.0005 1.8 1997 10 10
Non-Volatile Synthetic Organic Chemicals (SOCs)
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Alachlor 0.002 0.001 0.004 1997 0.002 zero
561
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Atrazine 0.001 0.0005 0.00015 1999 0.003 0.003
Bentazon 0.018 0.002 0.2 1999
(rev2009)
-- --
Benzo(a)pyrene 0.0002 0.0001 0.000007 2010 0.0002 zero
Carbofuran 0.018 0.005 0.0007 2016 0.04 0.04
Chlordane 0.0001 0.0001 0.00003 1997
(rev2006)

0.002 zero
Dalapon 0.2 0.01 0.79 1997
(rev2009)

0.2 0.2
1,2-Dibromo-3-
chloropropane
(DBCP)

0.0002 0.00001 0.000003 2020 0.0002 zero
2,4-
Dichlorophenoxyaceti
c acid (2,4-D)

0.07 0.01 0.02 2009 0.07 0.07
Di(2-
ethylhexyl)adipate

0.4 0.005 0.2 2003 0.4 0.4
Di(2-
ethylhexyl)phthalate
(DEHP)

0.004 0.003 0.012 1997 0.006 zero
Dinoseb 0.007 0.002 0.014 1997 0.007 0.007
562
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
(rev2010)
Diquat 0.02 0.004 0.006 2016 0.02 0.02
Endothal 0.1 0.045 0.094 2014 0.1 0.1
Endrin 0.002 0.0001 0.0003 2016 0.002 0.002
Ethylene dibromide
(EDB)

0.00005 0.00002 0.00001 2003 0.0000
5 zero
Glyphosate 0.7 0.025 0.9 2007 0.7 0.7
Heptachlor 0.00001 0.00001 0.000008 1999 0.0004 zero
Heptachlor epoxide 0.00001 0.00001 0.000006 1999 0.0002 zero Hexachlorobenzene 0.001 0.0005 0.00003 2003 0.001 zero
Hexachlorocyclopent
adiene

0.05 0.001 0.002 2014 0.05 0.05
Lindane 0.0002 0.0002 0.000032 1999
(rev2005)

0.0002 0.0002
Methoxychlor 0.03 0.01 0.00009 2010 0.04 0.04
Molinate 0.02 0.002 0.001 2008 -- --
Oxamyl 0.05 0.02 0.026 2009 0.2 0.2
563
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Pentachlorophenol 0.001 0.0002 0.0003 2009 0.001 zero
Picloram 0.5 0.001 0.166 2016 0.5 0.5
Polychlorinated
biphenyls (PCBs)

0.0005 0.0005 0.00009 2007 0.0005 zero
Simazine 0.004 0.001 0.004 2001 0.004 0.004
Thiobencarb 0.07 0.001 0.042 2016 -- --
Toxaphene 0.003 0.001 0.00003 2003 0.003 zero
1,2,3-
Trichloropropane

0.00000
5 0.00000
5 0.0000007 2009 -- --
2,3,7,8-TCDD
(dioxin)
3x10-8 5x10-9 5x10-11 2010 3x10-8 zero
2,4,5-TP (Silvex) 0.05 0.001 0.003 2014 0.05 0.05
Disinfection Byproducts Table, Chemicals with MCLs in 22 CCR §64533 State Regulated
Disinfection
Byproducts
Contaminants
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Total Trihalomethanes 0.080 -- -- -- 0.080 --
564
State Regulated
Disinfection
Byproducts
Contaminants
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Bromodichloromethane -- 0.0010 0.00006 2020 -- zero
Bromoform -- 0.0010 0.0005 2020 -- zero
Chloroform -- 0.0010 0.0004 2020 -- 0.07
Dibromochloromethane -- 0.0010 0.0001 2020 -- 0.06
Haloacetic Acids (five)
(HAA5)

0.060 -- -- -- 0.060 --
Monochloroacetic Acid -- 0.0020 -- -- -- 0.07
Dichloroacetic Adic -- 0.0010 -- -- -- zero
Trichloroacetic Acid -- 0.0010 -- -- -- 0.02
Monobromoacetic Acid -- 0.0010 -- -- -- --
Dibromoacetic Acid -- 0.0010 -- -- -- --
Bromate 0.010 0.0050** 0.0001 2009 0.01 zero
Chlorite 1.0 0.020 0.05 2009 1 0.8
565
Chemicals with PHGs established in response to DDW requests. These are not currently regulated drinking water contaminants.

State Regulated
Disinfection
Byproducts
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
N-Nitrosodimethylamine
(NDMA)
-- -- 0.000003 2006 -- --
*OEHHA's review of this chemical during the year indicated (rev20XX) resulted in no change in the PHG.
**The DLR for Bromate is 0.0010 mg/L for analysis performed using EPA Method 317.0 Revision 2.0, 321.8, or 326.0.
566
2022 Public Health Goals Report
______________________________________________________________________________ _____________________________________________________________________________________ Ontario Municipal Utilities Company Page 17

APPENDIX D
CalEPA OEHHA Health Risk Information for Public Health Goal Exceedance Reports

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567
DRAFT – FOR REVIEW ONLY

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
Public Health Goals

Health Risk Information
for Public Health Goal
Exceedance Reports

February 2019
Pesticide and Environmental Toxicology Branch
Office of Environmental Health Hazard Assessment
California Environmental Protection Agency
568

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 1
Health Risk Information for
Public Health Goal Exceedance Reports

Prepared by

O
ffice of Environmental Health Hazard Assessment
California Environmental Protection Agency
February 2019

U
nder the Calderon-Sher Safe Drinking Water Act of 1996 (the Act), public water systems with more than 10,000 service connections are required to prepare a report every three years for contaminants that exceed their respective Public Health Goals (PHGs).1 This document contains health risk information on regulated drinking water contaminants to assist public water systems in preparing these reports. A PHG is the concentration of a contaminant in drinking water that poses no significant health risk if consumed for a lifetime. PHGs are developed and published by the Office of Environmental Health Hazard Assessment (OEHHA) using current risk assessment principles, practices and methods.2
T
he water system’s report is required to identify the health risk category (e.g., carcinogenicity or neurotoxicity) associated with exposure to each regulated contaminant in drinking water and to include a brief, plainly worded description of these risks. The report is also required to disclose the numerical public health risk, if available, associated with the California Maximum Contaminant Level (MCL) and with the PHG for each contaminant. This health risk information document is prepared by OEHHA every three years to assist the water systems in providing the required information in their reports.

Numerical health risks: Table 1 presents health risk categories and cancer risk values for chemical contaminants in drinking water that have PHGs.

The Act requires that OEHHA publish PHGs based on health risk assessments using the most current scientific methods. As defined in statute, PHGs for non-carcinogenic

1 Health and Safety Code Section 116470(b)
2 Health and Safety Code Section 116365
569

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 2
chemicals in drinking water are set at a concentration “at which no known or anticipated adverse health effects will occur, with an adequate margin of safety.” For carcinogens, PHGs are set at a concentration that “does not pose any significant risk to health.” PHGs provide one basis for revising MCLs, along with cost and technological feasibility.

OEHHA has been publishing PHGs since 1997 and the entire list published to date is shown in Table 1.

Table 2 presents health risk information for contaminants that do not have PHGs but have state or federal regulatory standards. The Act requires that, for chemical contaminants with California MCLs that do not yet have PHGs, water utilities use the federal Maximum Contaminant Level Goal (MCLG) for the purpose of complying with the requirement of public notification. MCLGs, like PHGs, are strictly health based and include a margin of safety. One difference, however, is that the MCLGs for carcinogens are set at zero because the US Environmental Protection Agency (US EPA) assumes there is no absolutely safe level of exposure to such chemicals. PHGs, on the other hand, are set at a level considered to pose no significant risk of cancer; this is usually no more than a one-in-one-million excess cancer risk (1×10 -6) level for a lifetime of
exposure. In Table 2, the cancer risks shown are based on the US EPA’s evaluations.

For more information on health risks: The adverse health effects for each chemical with a PHG are summarized in a PHG technical support document. These documents are available on the OEHHA website (http://www.oehha.ca.gov). Also, technical fact sheets on most of the chemicals having federal MCLs can be found at http://www.epa.gov/your-drinking-water/table-regulated-drinking-water-contaminants. 570

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 3
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Alachlor carcinogenicity
(causes cancer)

0.004 NA5,6 0.002 NA
Aluminum neurotoxicity and
immunotoxicity
(harms the nervous and
immune systems)

0.6 NA 1 NA
Antimony hepatotoxicity
(harms the liver)

0.001 NA 0.006 NA
Arsenic carcinogenicity
(causes cancer)

0.00 0004
(4×10-6)
1×10-6
(one per
million)

0.01 2.5×10-3
(2.5 per
thousand)
Asbestos carcinogenicity
(causes cancer)
7 MF L7
(fibers
>10
microns in
length)
1×10-6 7 MFL
(fibers
>10
microns in
length)
1×10
-6
(one per
million)
Atrazine carcinogenicity
(causes cancer)

0.00015 1×10-6 0.001 7×10-6
(seven per
million)

1 Based on the OEHHA PHG technical support document unless otherwise specified. The categories are the hazard traits defined by OEHHA for California’s Toxics Information Clearinghouse (online at:
http://oehha.ca.gov/multimedia/green/pdf/GC_Regtext011912.pdf). 2 mg/L = milligrams per liter of water or parts per million (ppm) 3 Cancer Risk = Upper bound estimate of excess cancer risk from lifetime exposure. Actual cancer risk may be lower or zero. 1×10-6 means one excess cancer case per million people exposed. 4 MCL = maximum contaminant level.
5 NA = not applicable. Cancer risk cannot be calculated. 6 The PHG for alachlor is based on a threshold model of carcinogenesis and is set at a level that is believed to be without any significant cancer risk to individuals exposed to the chemical over a lifetime. 7 MFL = million fibers per liter of water.
571

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 4
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Barium cardiovascular toxicity
(causes high blood
pressure)
2 NA 1 NA
Bentazon hepatotoxicity and
digestive system toxicity
(harms the liver,
intestine, and causes
body weight e
ffects8)
0 .2 NA 0.018 NA
Benzene carcinogenicity
(causes leukemia)

0.00015 1×10-6 0.001 7×10-6
(seven per
million)
Benzo[a]pyrene carcinogenicity
(causes cancer)

0.000007
(7×10-6)
1×10-6 0.0002 3×10-5
(three per
hundred
thousand)
Beryllium digestive system toxicity
(harms the stomach or
intestine)

0.001 NA 0.004 NA
Bromate carcinogenicity
(causes cancer)

0.0001 1×10-6 0.01 1×10-4
(one per
ten
thousand)
Cadmium nephrotoxicity
(harms the kidney)

0.00004 NA 0.005 NA
Carbofuran reproductive toxicity
(harms the testis)

0.0007 NA 0.018 NA

8 Body weight effects are an indicator of general toxicity in animal studies. 572

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 5
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Carbon
tetrachloride
carcinogenicity
(causes cancer)

0.0001 1×10-6 0.0005 5×10-6
(five per
million)
Chlordane carcinogenicity
(causes cancer)

0.00003 1×10-6 0.0001 3×10-6
(three per
million)
Chlorite hematotoxicity
(causes anemia)
neurotoxicity
(causes neurobehavioral
effects)

0.05 NA 1 NA
Chromium,
hexavalent
carcinogenicity
(causes cancer)

0.00002 1×10-6 none NA
Copper digestive system toxicity
(causes nausea,
vomiting, diarrhea)

0.3 NA 1.3 (AL9) NA
Cyanide neurotoxicity
(damages nerves)
endocrine toxicity
(affects the thyroid)

0.15 NA 0.15 NA
Dalapon nephrotoxicity
(harms the kidney)

0.79 NA 0.2 NA
Di(2-ethylhexyl)
adipate (DEHA)
developmental toxicity
(disrupts development)

0.2 NA 0.4 NA
Diethylhexyl-
phthalate
(DEHP)
carcinogenicity
(causes cancer)

0.012 1×10-6 0.004 3×10-7
(three per
ten million)

9 AL = action level. The action levels for copper and lead refer to a concentration measured at the tap. Much of the copper and lead in drinking water is derived from household plumbing (The Lead and Copper Rule, Title 22, California Code of Regulations [CCR] section 64672.3). 573

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 6
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
1,2-Dibromo-3-
chloropropane
(DBCP)
carcinogenicity
(causes cancer)

0.0000017
(1.7x10-6)
1×10-6 0.0002 1×10-4
(one per
ten
thousand)
1,2-Dichloro-
benzene
(o-DCB)
hepatotoxicity
(harms the liver)

0.6 NA 0.6 NA
1,4-Dichloro-
benzene
(p-DCB)
carcinogenicity
(causes cancer)

0.006 1×10-6 0.005 8×10-7
(eight per
ten million)
1,1-Dichloro-
ethane
(1,1-DCA)
carcinogenicity
(causes cancer)

0.003 1×10-6 0.005 2×10-6
(two per
million)
1,2-Dichloro-
ethane
(1,2-DCA)
carcinogenicity
(causes cancer)

0.0004 1×10-6 0.0005 1×10-6
(one per
million)
1,1-Dichloro-
ethylene
(1,1-DCE)
hepatotoxicity
(harms the liver)

0.01 NA 0.006 NA
1,2-Dichloro-
ethylene, cis
nephrotoxicity
(harms the kidney)

0.013 NA 0.006 NA
1,2-Dichloro-
ethylene, trans
immunotoxicity
(harms the immune
system)

0.05 NA 0.01 NA
Dichloromethane
(methylene
chloride)
carcinogenicity
(causes cancer)

0.004 1×10-6 0.005 1×10-6
(one per
million)
574

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 7
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
2,4-Dichloro-
phenoxyacetic
acid (2,4-D)
hepatotoxicity and
nephrotoxicity
(harms the liver and
kidney)

0.02 NA 0.07 NA
1,2-Dichloro-
propane
(propylene
dichloride)
carcinogenicity
(causes cancer)

0.0005 1×10-6 0.005 1×10-5
(one per
hundred
thousand)
1,3-Dichloro-
propene
(Telone II)
carcinogenicity
(causes cancer)

0.0002 1×10-6 0.0005 2×10-6
(two per
million)
Dinoseb reproductive toxicity
(harms the uterus and
testis)

0.014 NA 0.007 NA
Diquat ocular toxicity
(harms the eye)
developmental toxicity
(causes malformation)

0.006 NA 0.02 NA
Endothall digestive system toxicity
(harms the stomach or
intestine)

0.094 NA 0.1 NA
Endrin neurotoxicity
(causes convulsions)
hepatotoxicity
(harms the liver)

0.0003 NA 0.002 NA
Ethylbenzene
(phenylethane)
hepatotoxicity
(harms the liver)

0.3 NA 0.3 NA
Ethylene
dibromide (1,2-
Dibromoethane)
carcinogenicity
(causes cancer)

0.00001 1×10-6 0.00005 5×10-6
(five per
million)
575

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 8
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Fluoride musculoskeletal toxicity
(causes tooth mottling)
1 NA 2 NA
Glyphosate nephrotoxicity
(harms the kidney)

0.9 NA 0.7 NA
Heptachlor carcinogenicity
(causes cancer)

0.000008
(8×10-6)
1×10-6 0.00001 1×10-6
(one per
million)
Heptachlor
epoxide
carcinogenicity
(causes cancer)

0.000006
(6×10-6)
1×10-6 0.00001 2×10-6
(two per
million)
Hexachloroben-
zene
carcinogenicity
(causes cancer)

0.00003 1×10-6 0.001 3×10-5
(three per
hundred
thousand)
Hexachloro-
cyclopentadiene
(HCCPD)
digestive system toxicity
(causes stomach
lesions)

0.002 NA 0.05 NA
Lead developmental
neurotoxicity
(causes neurobehavioral
effects in children)
cardiovascular toxicity
(causes high blood
pressure)
carcinogenicity
(causes cancer)

0.0002 <1×10-6
(PHG is
not based
on this
effect)

0.015
(AL8)
2×10-6
(two per
million)
Lindane
(γ-BHC)
carcinogenicity
(causes cancer)

0.000032 1×10-6 0.0002 6×10-6
(six per
million)
Mercury
(inorganic)
nephrotoxicity
(harms the kidney)

0.0012 NA 0.002 NA
576

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 9
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Methoxychlor endocrine toxicity
(causes hormone
effects)

0.00009 NA 0.03 NA
Methyl tertiary-
butyl ether
(MTBE)
carcinogenicity
(causes cancer)

0.013 1×10-6 0.013 1×10-6
(one per
million)
Molinate carcinogenicity
(causes cancer)

0.001 1×10-6 0.02 2×10-5
(two per
hundred
thousand)
Monochloro-
benzene
(chlorobenzene)
nephrotoxicity
(harms the kidney)

0.07 NA 0.07 NA
Nickel developmental toxicity
(causes increased
neonatal deaths)

0.012 NA 0.1 NA
Nitrate hematotoxicity
(causes
methemoglobinemia)
45 as
nitrate
NA 10 as
nitrogen
(=45 as
nitrate)
NA
Nitrite hematotoxicity
(causes
methemoglobinemia)
3 as
nitrite
NA 1 as
nitrogen
(=3 as
nitrite)
NA
Nitrate and
Nitrite
hematotoxicity
(causes
methemoglobinemia)
10 as
nitrogen10
NA 10 as

nitrogen
NA

10 The joint nitrate/nitrite PHG of 10 mg/L (10 ppm, expressed as nitrogen) does not replace the individual values, and the maximum contribution from nitrite should not exceed 1 mg/L nitrite -nitrogen. 577

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 10
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
N-nitroso-
dimethyl-amine
(NDMA)
carcinogenicity
(causes cancer)

0.000003
(3×10-6)
1×10-6 none NA
Oxamyl general toxicity
(causes body weight
effects)

0.026 NA 0.05 NA
Pentachloro-
phenol (PCP)
carcinogenicity
(causes cancer)

0.0003 1×10-6 0.001 3×10-6
(three per
million)
Perchlorate endocrine toxicity
(affects the thyroid)
developmental toxicity
(causes neurodevelop-
mental deficits)

0.001 NA 0.006 NA
Picloram hepatotoxicity
(harms the liver)

0.166 NA 0.5 NA
Polychlorinated
biphenyls
(PCBs)
carcinogenicity
(causes cancer)

0.00009 1×10-6 0.0005 6×10-6
(six per
million)
Radium-226 carcinogenicity
(causes cancer)

0.05 pCi/L 1×10-6 5 pCi/L
(combined
Ra226+228)
1×10-4
(one per
ten
thousand)
Radium-228 carcinogenicity
(causes cancer)

0.019 pCi/L 1×10-6 5 pCi/L
(combined
Ra226+228)
3×10-4
(three per
ten
thousand)
Selenium integumentary toxicity
(causes hair loss and
nail damage)

0.03 NA 0.05 NA
578

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 11
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Silvex (2,4,5-TP) hepatotoxicity
(harms the liver)

0.003 NA 0.05 NA
Simazine general toxicity
(causes body weight
effects)

0.004 NA 0.004 NA
Strontium-90 carcinogenicity
(causes cancer)

0.35 pCi/L 1×10-6 8 pCi/L 2×10-5
(two per
hundred
thousand)
Styrene
(vinylbenzene)
carcinogenicity
(causes cancer)

0.0005 1×10-6 0.1 2×10-4
(two per
ten
thousand)
1,1,2,2-
Tetrachloro-
ethane
carcinogenicity
(causes cancer)

0.0001 1×10-6 0.001 1×10-5
(one per
hundred
thousand)
2,3,7,8-Tetra-
chlorodibenzo-p-
dioxin (TCDD, or
dioxin)
carcinogenicity
(causes cancer)

5×10-11 1×10-6 3×10-8 6×10-4
(six per ten
thousand)
Tetrachloro-
ethylene
(perchloro-
ethylene, or
PCE)
carcinogenicity
(causes cancer)

0.00006 1×10-6 0.005 8×10-5
(eight per
hundred
thousand)
Thallium integumentary toxicity
(causes hair loss)

0.0001 NA 0.002 NA
579

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 12
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Thiobencarb general toxicity
(causes body weight
effects)
hematotoxicity
(affects red blood cells)

0.042 NA 0.07 NA
Toluene
(methylbenzene)
hepatotoxicity
(harms the liver)
endocrine toxicity
(harms the thymus)

0.15 NA 0.15 NA
Toxaphene carcinogenicity
(causes cancer)

0.00003 1×10-6 0.003 1×10-4
(one per
ten
thousand)
1,2,4-Trichloro-
benzene

end
ocrine toxicity
(harms adrenal glands)

0.005 NA 0.005 NA
1,1,1-Trichloro-
ethane
neurotoxicity
(harms the nervous
system),
reproductive toxicity
(causes fewer offspring)
hepatotoxicity
(harms the liver)
hematotoxicity
(causes blood effects)
1 NA 0.2 NA
1,1,2-Trichloro-
ethane
carcinogenicity
(causes cancer)

0.0003 1x10-6 0.005 2×10-5
(two per
hundred
thousand)
Trichloro-
ethylene (TCE)
carcinogenicity
(causes cancer)

0.0017 1×10-6 0.005 3×10-6
(three per
million)
580

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 13
Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Trichlorofluoro-
methane
(Freon 11)
accelerated mortality
(increase in early death)

1.3 NA 0.15 NA
1,2,3-Trichloro-
propane
(1,2,3-TCP)
carcinogenicity
(causes cancer)

0.0000007
(7×10-7)
1x10-6 0.000005
(5×10-6)
7×10-6
(seven per
million)
1,1,2-Trichloro-
1,2,2-trifluoro-
ethane
(Freon 113)
hepatotoxicity
(harms the liver)
4 NA 1.2 NA
Tritium carcinogenicity
(causes cancer)
400 pCi/L 1x10-6 20,000
pCi/L
5x10-5
(five per
hundred
thousand)
Uranium carcinogenicity
(causes cancer)

0.43 pCi/L 1×10-6 20 pCi/L 5×10-5
(five per
hundred
thousand)
Vinyl chloride carcinogenicity
(causes cancer)

0.00005 1×10-6 0.0005 1×10-5
(one per
hundred
thousand)
Xylene neurotoxicity
(affects the senses,
mood, and motor
control)

1.8 (single
isomer or
sum of
isomers)
NA 1.75 (single
isomer or
sum of
isomers)
NA
581

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 14
Table 2: Health Risk Categories and Cancer Risk Values for Chemicals without California Public Health Goals
Chemical Health Risk Category1

US EPA
MCLG2
(mg/L)
Cancer
Risk3 @
MCLG
California
MCL4
(mg/L)
Cancer
Risk @
California
MCL
Disinfection byproducts (DBPs)
Chloramines acute toxicity
(causes irritation)
digestive system toxicity
(harms the stomach)
hematotoxicity
(causes anemia)
45,6 NA7 non e NA
Chlorine acute toxicity
(causes irritation)
digestive system toxicity
(harms the stomach)
45,6 NA none NA
Chlorine dioxide hematotoxicity
(causes anemia)
neurotoxicity
(harms the nervous
system)

0.85,6 NA none NA
Disinfection byproducts: haloacetic acids (HAA5)
Monochloroacetic
acid (MCA)
general toxicity
(causes body and organ
weight changes8)

0.07 NA none NA
Dichloroacetic
acid (DCA)
carcinogenicity (causes
cancer)
0 0 none NA

1 Health risk category based on the US EPA MCLG document or California MCL document unless otherwise specified.
2 MCLG = maximum contaminant level goal established by US EPA. 3 Cancer Risk = Upper estimate of excess cancer risk from lifetime exposure. Actual cancer risk may be lower or zero. 1×10-6 means one excess cancer case per million people exposed. 4 California MCL = maximum contaminant level established by California. 5 Maximum Residual Disinfectant Level Goal, or MRDLG.
6 The federal Maximum Residual Disinfectant Level (MRDL), or highest level of disinfectant allowed in drinking water, is the same value for this chemical. 7 NA = not available.
8 Body weight effects are an indicator of general toxicity in animal studies. 582

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 15
Table 2: Health Risk Categories and Cancer Risk Values for Chemicals without California Public Health Goals
Chemical Health Risk Category1

US EPA
MCLG2
(mg/L)
Cancer
Risk3 @
MCLG
California
MCL4
(mg/L)
Cancer
Risk @
California
MCL
Trichloroacetic
acid (TCA)
hepatotoxicity
(harms the liver)

0.02 NA none NA
Monobromoacetic
acid (MBA)
NA none NA none NA
Dibromoacetic
acid (DBA)
NA none NA none NA
Total haloacetic
acids (sum of

MCA, DCA, TCA,
MBA, and DBA)
general toxicity,
hepatotoxicity and
carcinogenicity (causes
body and organ weight
changes, harms the liver
and causes cancer)
none NA 0.06 NA
Disinfection byproducts: trihalomethanes (THMs)
Bromodichloro-
methane (BDCM)
carcinogenicity (causes
cancer)
0 0 none NA
Bromoform carcinogenicity (causes
cancer)
0 0 none NA
Chloroform hepatotoxicity and
nephrotoxicity
(harms the liver and
kidney)

0.07 NA none NA
Dibromo-
chloromethane
(DBCM)
hepatotoxicity,
nephrotoxicity, and
neurotoxicity
(harms the liver, kidney,
and nervous system)

0.06 NA none NA
583

Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2019 16
Table 2: Health Risk Categories and Cancer Risk Values for Chemicals without California Public Health Goals
Chemical Health Risk Category1

US EPA
MCLG2
(mg/L)
Cancer
Risk3 @
MCLG
California
MCL4
(mg/L)
Cancer
Risk @
California
MCL
Total
trihalomethanes
(sum of BDCM,
bromoform,
chloroform and
DBCM)
carcinogenicity
(causes cancer),
hepatotoxicity,
nephrotoxicity, and
neurotoxicity
(harms the liver, kidney,
and nervous system)
none NA 0.08 NA
Radionuclides
Gross alpha
particles9
c
arcinogenicity
(causes cancer)
0 (210Po
included)
0 15 pCi/L10
(includes
226Ra but
not radon
and
uranium)
up to 1x10-3
(for 210Po,
the most
potent
alpha
emitter
Beta particles and
photon emitters9
carcinogenicity
(causes cancer)
0 (210Pb
included)
0 50 pCi/L
(judged
equiv. to 4
mrem/yr)
up to 2x10-3
(for 210Pb,
the most
potent
beta-
emitter)

9 MCLs for gross alpha and beta particles are screening standards for a group of radionuclides.

Corresponding PHGs were not developed for gross alpha and beta particles. See the OEHHA memoranda discussing the cancer risks at these MCLs at
http://www.oehha.ca.gov/water/reports/grossab.html.
10 pCi/L = picocuries per liter of water.
584
City Officials
Mayor
Paul S. Leon

Mayor pro Tem
Alan D. Wapner

Council Members
Jim W. Bowman
Debra Dorst-Porada
Ruben Valencia

City Manager
Scott Ochoa

Utilities General Manager
Scott Burton

1425 South Bon View Avenue, Ontario, CA 91761 | (909) 395-2605 | ww.ontarioca.gov/OMUC/utilities 585
Department: Records Management
Prepared By: Claudia Y Isbell
Staff Member Presenting:

Ruben Duran, City Attorney
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:

A PUBLIC HEARING TO REVIEW INITIAL DRAFT DISTRICTING MAPS FOR THE

DISTRICT-BASED ELECTIONS UNDER THE CALIFORNIA VOTING RIGHTS ACT

CITY OF ONTARIO
Agenda Report
July
5, 2022
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council open a Public Hearing, review, consider, and provide direction regarding the initial draft maps.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:

There is no direct fiscal impact associated with this Public Hearing.

BACKGROUND & ANALYSIS:

On April 19, 2022, the City Council conducted the ﬁrst of ﬁve public hearings to receive community input regarding communities of interest.

The second public hearing
took place on May 10, 2022, at which time Staﬀ introduced and provided a demonstration of the mapping tool that was subsequently released to the public. At that public hearing, the City Council also received additional input regarding communities of interest.

On June 21, 2022 the City conducted it's third Public Hearing where the City Council received further input from the community. On July 5, 2022, the City will conduct its fourth public hearing in the districting process.

The City’s demographer has evaluated publicly submitted comments and maps for compliance with the California Voting Rights Act and Federal Voting Rights Act and is presenting those initial draft maps for Council’s consideration at the fourth public hearing.

Ten initial maps
were made available on the City's district website on June 13, 2022, for public review. Six additional draft maps were posted on the City's district website on June 30, 2022. At the public hearing, t he
City Council may provide direction as to speciﬁc factors, such as pertinent communities of interest or geographic landmarks, it wishes the demographers to focus consideration on. On July 19, 2022 the City will conduct its fifth public hearing in the districting process.

The City continues to encourage public comments on the transition to districts and the proposed district maps. In an eﬀort to engage Ontario residents in the districting process, ﬁve community workshops were held in various areas of the City to provide background and speciﬁc directions on 586
creating maps. These workshops were held in English and Spanish. There were four additional community workshops to speciﬁcally go over the mapping tool. The four additional community workshops were also held in English and Spanish.

Information on the districting process, the community workshop presentations, and the paper map kits
can be found on the City's district website at ontarioca.gov/districts. Information on the website is available in both English and Spanish.

In conclusion, Staﬀ recommends that the City Council conduct the fourth public hearing, consider the draft maps submitted, and provide direction to Staff. 587
City of Ontario – Transition to District Elections
Draft Map 1
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP Draft Proposed
Election Sequence:
2024 – Districts 1 & 4
2026 – Districts 2 & 3
Total Deviation
.52%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
588
Draft Map 1 – Demographic Data

District

Total_Popu
lation
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 44,032 73 0.17% 33,306 6,571 1,557 94 1,393 98 279 734 2 43,863 -96 -0.22% 23,328 7,560 3,312 89 8,064 116 252 1,142 3 44,086 127 0.29% 31,213 4,523 3,589 135 3,337 131 219 939 4 43,856 -103 -0.23% 32,408 5,436 2,016 92 2,902 71 192 739 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 0.52%
Ideal = 1/4 of total population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
32,909 23,834 5,823 1,224 89 1,181 71 168 519 33,689 16,982 6,350 2,673 68 6,597 90 197 732 32,652 22,136 3,959 2,713 112 2,834 101 146 651 33,216 23,546 4,772 1,657 70 2,474 53 123 521 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
26,280 7,198 1,239 16,566 9,710 39 720 7 73 All Four Districts are 27,285 6,720 1,999 14,861 12,395 18 2,874 26 99 Majority/Minority Hispanic 25,162 4,452 2,113 16,082 9,120 125 1,875 74 26 Voting Districts 27,531 5,598 1,621 17,891 9,600 62 1,935 84 90 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population 589
City of Ontario – Transition to District Elections
Draft Map 2 - Submitted by Plaintiff Chris Robles
A
dditional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP Draft Proposed Election
Sequence:
2024 – Districts 2 & 3
2026 – Districts 1 & 4
Total Deviation
.43%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
590
Draft Map 2 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,904 -55 -0.13% 30,048 5,251 3,698 137 3,398 146 239 987 2 43,860 -99 -0.23% 33,681 6,174 1,506 96 1,360 81 261 701 3 44,024 65 0.15% 32,250 5,139 1,907 91 3,629 70 193 745 4 44,049 90 0.20% 24,276 7,526 3,363 86 7,309 119 249 1,121 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 0.43%
Ideal = 1/4 total population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
33,227 21,746 4,661 2,827 118 2,893 123 169 690 All Four Districts are 32,268 23,713 5,457 1,175 87 1,150 47 147 492 Majority/Minority Hispanic 33,193 23,354 4,479 1,576 69 3,022 56 123 514 Voting Districts 33,778 17,685 6,307 2,689 65 6,021 89 195 727 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
26,501 5,260 2,088 16,582 9,902 132 1,899 80 48 25,236 6,799 1,271 15,928 9,312 39 726 1 45 27,367 5,114 1,627 17,906 9,475 63 2,123 84 95 27,154 6,795 1,986 14,984 12,136 10 2,656 26 100 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
591
City of Ontario – Transition to District Elections
Draft Map 3 - Submitted by Plaintiff Chris Robles
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP Draft Proposed
Election Sequence:
2024 – Districts 1 & 3
2026 – Districts 2 & 4
Total Deviation

2.72%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
592
Draft Map 3 – Demographic Data

District
Total
Populaton
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,637 -322 -0.73% 32,988 6,617 1,519 109 1,348 90 244 722 2 44,263 304 0.69% 30,487 4,946 3,796 125 3,514 128 257 1,010 3 44,566 607 1.38% 32,878 5,126 1,806 96 3,656 81 192 731 4 43,371 -588 -1.34% 23,902 7,401 3,353 80 7,178 117 249 1,091 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 2.72%
Ideal = 1/4 of total population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
32,531 23,503 5,846 1,211 100 1,140 62 149 520 All Four Districts are 33,347 21,978 4,397 2,898 106 2,988 107 172 701 Majority/Minority Hispanic 33,364 23,618 4,461 1,479 74 3,056 58 118 500 Voting Districts 33,224 17,399 6,200 2,679 59 5,902 88 195 702 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
26,533 7,367 1,139 16,743 9,795 50 726 7 65 25,884 4,754 2,141 16,321 9,581 129 2,056 74 28 27,214 5,171 1,721 17,659 9,536 64 2,027 84 95 26,627 6,676 1,971 14,677 11,913 1 2,595 26 100 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population 593
City of Ontario – Transition to District Elections Draft Map 4 - Submitted by Plaintiff Chris Robles
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP Draft Proposed
Election Sequence:
2024 – Districts 1 & 2
2026 – Districts 3 & 4
Total Deviation

3.48%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
594
Draft Map 4 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,175 -784 -1.78% 33,017 6,389 1,413 93 1,256 89 243 675 2 44,703 744 1.69% 34,400 4,810 1,765 104 2,653 80 219 672 3 43,366 -593 -1.35% 28,397 5,550 4,054 132 3,777 129 236 1,091 4 44,593 634 1.44% 24,441 7,341 3,242 81 8,010 118 244 1,116 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 3.48%
Ideal = 1/4 of total population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
32,162 23,560 5,651 1,124 87 1,055 63 150 472 33,237 24,627 4,197 1,434 79 2,252 55 119 474 32,872 20,498 4,902 3,111 113 3,209 109 174 756 34,195 17,813 6,154 2,598 60 6,570 88 191 721 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
25,903 7,082 1,099 16,521 9,386 50 641 6 70 All Four Districts are 26,448 4,853 1,587 17,855 8,613 52 1,682 85 94 Majority/Minority Hispanic 26,244 5,313 2,237 15,819 10,420 124 2,187 74 23 Voting Districts 27,663 6,720 2,049 15,205 12,406 18 2,894 26 101 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
595
City of Ontario – Transition to District Elections
Draft Map 5
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP

Draft Proposed
Election Sequence:

2024 – Districts 1 & 2

2026 – Districts 3 & 4
Total Deviation

3.46%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
596
Draft Map 5 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,841 -118 -0.27% 33,078 6,627 1,585 104 1,374 91 251 731 2 43,055 -904 -2.06% 32,901 4,791 1,718 91 2,608 71 218 657 3 44,367 408 0.93% 29,483 5,322 3,965 137 4,026 137 229 1,068 4 44,574 615 1.40% 24,793 7,350 3,206 78 7,688 117 244 1,098 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 3.46%
Ideal = 1/4 of total population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
32,586 23,475 5,858 1,254 95 1,167 63 149 525 32,346 23,769 4,233 1,421 69 2,211 57 128 458 33,335 21,155 4,649 3,029 116 3,391 109 164 722 34,199 18,099 6,164 2,563 59 6,317 86 193 718 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
26,282 7,422 1,303 16,289 10,005 50 715 7 65 All Four Districts are 26,145 4,676 1,391 17,864 8,286 66 1,728 84 96 Majority/Minority Hispanic 25,929 5,032 2,254 15,830 10,077 110 2,089 74 33 Voting Districts 27,902 6,838 2,024 15,417 12,457 18 2,872 26 94 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
597
City of Ontario – Transition to District Elections
Draft Map 6
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP

Draft Proposed Election
Sequence:

2024 – Districts 2 & 3

2026 – Districts 1 & 4
Draws four (4)
majority/minority
Hispanic Voting
Districts
Total Deviation

5.23%
(under the acceptable
norm of <10%)
598
Draft Map 6 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 44,562 603 1.37% 23,752 7,680 3,337 89 8,161 116 254 1,173 2 42,354 -1,605 -3.65% 32,812 4,502 1,574 86 2,506 62 203 609 3 44,270 311 0.71% 33,422 6,690 1,583 106 1,380 98 254 737 4 44,651 692 1.57% 30,269 5,218 3,980 129 3,649 140 231 1,035 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 5.23%
Ideal = 1/4 Total Population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
34,226 17,304 6,443 2,690 68 6,685 90 198 748 31,682 23,686 3,942 1,292 64 2,122 47 114 415 32,906 23,722 5,907 1,252 97 1,176 69 153 530 33,652 21,786 4,612 3,033 110 3,103 109 169 730 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
27,718 6,837 2,016 15,130 12,561 18 2,912 26 99 All Four Districts are 25,182 4,449 1,401 17,268 7,921 52 1,613 84 99 Majority/Minority Hispanic 26,666 7,517 1,284 16,587 10,089 50 713 7 62 Voting Districts 26,692 5,165 2,271 16,415 10,254 124 2,166 74 28 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
599
City of Ontario – Transition to District Elections
Draft Map 7
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP

Draft Proposed
Election Sequence:

2024 – Districts 2 & 3

2026 – Districts 1 & 4
Total Deviation

4.81%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
600
Draft Map 7 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 44,570 611 1.39% 23,755 7,680 3,337 89 8,164 116 254 1,175 2 43,761 -198 -0.45% 32,520 5,344 2,001 94 2,813 77 197 715 3 44,810 851 1.94% 33,865 6,746 1,604 101 1,392 96 271 735 4 42,696 -1,263 -2.87% 30,115 4,320 3,532 126 3,327 127 220 929 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 4.81%
Ideal = 1/4 total population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
34,234 17,307 6,443 2,690 68 6,688 90 198 750 All Four Districts are 33,108 23,601 4,698 1,644 72 2,394 59 128 512 Majority/Minority Hispanic 33,529 24,259 5,967 1,264 96 1,182 69 167 525 Voting Districts 31,595 21,331 3,796 2,669 103 2,822 97 141 636 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
27,725 6,837 2,016 15,133 12,566 18 2,914 26 99 27,519 5,501 1,605 18,028 9,478 66 1,906 84 90 27,029 7,408 1,258 17,053 9,962 39 721 7 72 23,985 4,222 2,093 15,186 8,819 121 1,863 74 27 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
601
City of Ontario – Transition to District Elections
Draft Map 8
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP

Draft Proposed
Election Sequence:

2024 – Districts 1 & 2

2026 – Districts 3 & 4
Total Deviation

3.59%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
602
Draft Map 8 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,178 -781 -1.78% 32,742 6,562 1,425 95 1,326 89 231 708 2 43,712 -247 -0.56% 34,252 4,412 1,650 103 2,357 77 233 628 3 44,757 798 1.81% 24,950 7,129 3,135 84 8,022 125 226 1,086 4 44,190 231 0.52% 28,311 5,987 4,264 128 3,991 125 252 1,132 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 3.59%
Ideal = 1/4 total population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
32,374 23,506 5,827 1,143 85 1,107 63 141 502 32,179 24,321 3,839 1,333 82 1,995 53 125 431 34,597 18,352 6,056 2,533 67 6,593 96 178 722 33,316 20,319 5,182 3,258 105 3,391 103 190 768 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
26,407 7,263 1,139 16,786 9,621 50 667 6 65 All four districts 25,220 4,342 1,438 17,546 7,739 56 1,485 69 95 are drawn as majority/minority 27,657 6,698 1,867 15,332 12,257 28 3,017 42 105 Hispanic voting districts 26,974 5,665 2,528 15,736 11,208 110 2,235 74 23 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population 603
City of Ontario – Transition to District Elections
Draft Map 9
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP

Draft Proposed
Election Sequence:

2024 – Districts 1 & 2

2026 – Districts 3 & 4
Total Deviation

3.80%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
604
Draft Map 9 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,907 -52 -0.12% 32,455 5,087 1,691 97 3,567 66 213 731 2 44,546 587 1.33% 33,693 6,664 1,591 103 1,395 97 260 743 3 42,877 -1,082 -2.46% 28,896 5,030 3,830 131 3,616 129 222 1,023 4 44,507 548 1.25% 25,211 7,309 3,362 79 7,118 124 247 1,057 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 3.80%
Ideal = 1/4 total population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
33,039 23,481 4,430 1,391 75 2,989 50 126 497 33,156 23,978 5,877 1,258 96 1,185 71 155 536 32,090 20,648 4,408 2,911 110 3,061 99 159 694 34,181 18,391 6,189 2,707 58 5,851 95 194 696 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
26,508 5,035 1,509 17,369 9,139 69 1,996 84 99 Draws four majority/minority 26,923 7,461 1,280 16,902 10,011 50 706 7 63 Hispanic Voting Districts 24,914 4,791 2,188 15,252 9,667 110 1,998 74 26 27,913 6,681 1,995 15,877 12,008 15 2,704 26 100 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*Citizen Voting Age Population 605
City of Ontario – Transition to District Elections
Draft Map 10
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3MZMiJP

Draft Proposed
Election Sequence:

2024 – Districts 1 & 3

2026 – Districts 2 & 4
Total Deviation

3.59%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
606
Draft Map 10 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,629 -330 -0.75% 33,297 6,293 1,514 92 1,362 84 273 714 2 43,886 -73 -0.17% 30,687 4,773 3,622 135 3,360 139 218 952 3 44,951 992 2.26% 32,369 5,623 1,985 103 3,796 76 202 797 4 43,371 -588 -1.34% 23,902 7,401 3,353 80 7,178 117 249 1,091 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 3.59%
Ideal = 1/4 total population
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
32,321 23,602 5,568 1,189 87 1,156 59 160 500 32,812 21,992 4,195 2,744 112 2,851 107 148 663 34,109 23,505 4,941 1,655 81 3,177 61 131 558 33,224 17,399 6,200 2,679 59 5,902 88 195 702 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
25,469 6,848 1,271 16,072 9,399 50 721 3 67 Four Districts are drawn as 25,553 4,782 2,080 16,171 9,387 110 1,865 78 32 Majority/Minority Hispanic 28,609 5,662 1,650 18,480 10,126 83 2,223 84 89 Voting Districts 26,627 6,676 1,971 14,677 11,913 1 2,595 26 100 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP - Voting Age Population
*CVAP = Citizen Voting Age Population
607
City of Ontario – Transition to District Elections
Draft Map 11
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3y2K9XD

Draft Proposed
Election Sequence:

2024 – Districts 1 & 2

2026 – Districts 3 & 4
Total Deviation

4.41%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
608
Draft Map 11 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*Al
one
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 44,050 91 0.21% 32,430 5,918 1,852 106 2,643 80 230 791 2 44,735 776 1.76% 32,591 6,162 2,299 127 2,428 113 213 802 3 44,254 295 0.67% 33,584 4,836 1,901 80 2,936 83 224 610 4 42,798 -1,161 -2.64% 21,650 7,174 4,422 97 7,689 140 275 1,351 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 4.41%
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
32,927 23,195 5,216 1,466 86 2,225 54 134 551 33,822 23,640 5,440 1,750 114 2,074 98 140 566 32,952 24,045 4,202 1,551 66 2,433 57 151 447 32,765 15,618 6,046 3,500 73 6,354 106 209 859 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
26,774 5,931 1,686 16,772 10,010 38 1,671 69 116 Draws Four Majority/Minority 27,301 6,401 1,358 17,645 9,655 120 1,304 14 41 Hispanic Voting Districts 26,976 5,103 1,560 18,438 8,548 69 1,562 16 14 25,207 6,533 2,368 12,545 12,612 17 2,867 92 117 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
609
City of Ontario – Transition to District Elections
Draft Map 12
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3y2K9XD

Draft Proposed
Election Sequence:

2024 – Districts 3 & 4

2026 – Districts 1 & 2
Total Deviation

4.04%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
610
Draft Map 12 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 44,892 933 2.12% 23,032 7,607 4,524 92 7,837 144 276 1,380 2 43,670 -289 -0.66% 33,034 4,378 2,022 88 3,226 73 217 632 3 43,118 -841 -1.91% 31,593 5,867 1,846 105 2,625 80 214 788 4 44,157 198 0.45% 32,596 6,238 2,082 125 2,008 119 235 754 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 4.04%
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
34,443 16,678 6,428 3,583 69 6,485 110 208 882 32,212 23,443 3,784 1,615 73 2,661 49 141 446 32,300 22,634 5,169 1,465 85 2,212 54 131 550 33,511 23,743 5,523 1,604 112 1,728 102 154 545 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
27,324 6,953 2,625 13,885 13,407 13 2,987 92 117 Draws four majority/minority 25,641 4,504 1,510 17,428 8,207 56 1,840 16 14 Hispanic voting districts 26,458 5,903 1,685 16,509 9,963 38 1,662 69 116 26,835 6,608 1,152 17,578 9,248 137 915 14 41 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
611
City of Ontario – Transition to District Elections
Draft Map 13
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3y2K9XD

Draft Proposed
Election Sequence:

2024 – Districts 1 & 2

2026 – Districts 3 & 4
Total Deviation

1.69%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
612
Draft Map 13 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,603 -356 -0.81% 32,053 5,875 1,851 106 2,629 80 221 788 2 44,129 170 0.39% 32,584 6,233 2,082 125 2,007 119 230 749 3 43,757 -202 -0.46% 32,427 4,580 2,081 88 3,610 72 226 673 4 44,348 389 0.88% 23,191 7,402 4,460 91 7,450 145 265 1,344 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 1.69%
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
32,600 22,921 5,175 1,465 86 2,216 54 133 550 33,491 23,734 5,520 1,604 112 1,727 102 149 543 32,351 23,057 3,932 1,650 72 2,985 46 141 468 34,024 16,786 6,277 3,548 69 6,158 113 211 862 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
26,634 5,910 1,685 16,662 9,980 38 1,662 69 116 Draws four majority/minority 26,824 6,606 1,152 17,573 9,242 137 915 14 41 Hispanic Voting Districts 25,421 4,486 1,407 17,208 8,213 56 1,969 16 14 27,379 6,966 2,728 13,957 13,390 13 2,858 92 117 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
613
City of Ontario – Transition to District Elections
Draft Map 14
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3y2K9XD

Draft Proposed
Election Sequence:

2024 – Districts 3 & 4

2026 – Districts 1 & 2
Total Deviation

3.51%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
614
Draft Map 14 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,421 -538 -1.22% 23,809 6,725 5,007 114 6,060 138 270 1,298 2 43,412 -547 -1.24% 28,865 5,717 2,246 64 5,417 92 214 797 3 44,954 995 2.26% 35,151 5,730 1,369 126 1,576 106 228 668 4 44,050 91 0.21% 32,430 5,918 1,852 106 2,643 80 230 791 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 3.51%
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
33,013 17,068 5,739 3,889 92 5,047 114 209 855 33,044 21,056 4,889 1,827 50 4,465 62 147 548 33,482 25,179 5,060 1,085 111 1,349 85 144 469 32,927 23,195 5,216 1,466 86 2,225 54 134 551 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
25,830 6,185 2,898 13,302 12,558 73 2,472 66 115 Draws four majority/minority 27,063 5,642 1,540 17,064 9,994 45 2,408 42 11 Hispanic voting districts 26,591 6,210 848 18,262 8,263 88 853 14 46 26,774 5,931 1,686 16,772 10,010 38 1,671 69 116 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
615
City of Ontario – Transition to District Elections
Draft Map 15
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3y2K9XD

Draft Proposed
Election Sequence:

2024 – Districts 1 & 2

2026 – Districts 3 & 4
Total Deviation

1.25%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
616
Draft Map 15 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL White
Alone
NL* Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 43,668 -291 -0.66% 33,263 6,542 1,390 100 1,330 94 243 706 2 43,885 -74 -0.17% 33,195 5,020 1,928 102 2,646 73 231 690 3 44,065 106 0.24% 28,842 5,521 4,160 126 3,943 128 235 1,110 4 44,219 260 0.59% 24,955 7,007 2,996 82 7,777 121 233 1,048 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 1.25%
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
32,323 23,524 5,766 1,111 91 1,123 62 142 504 33,014 23,972 4,456 1,582 80 2,241 56 140 487 33,238 20,775 4,792 3,193 106 3,345 105 174 748 33,891 18,227 5,890 2,381 62 6,377 92 178 684 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
26,115 7,268 1,127 16,459 9,651 33 706 7 65 Draws four majority/minority 26,670 4,934 1,557 17,947 8,723 83 1,742 68 95 Hispanic voting districts 26,515 5,378 2,365 15,792 10,733 110 2,211 74 23 26,958 6,388 1,923 15,202 11,718 18 2,745 42 105 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
617
City of Ontario – Transition to District Elections
Draft Map 16
Additional online viewing, with search and other geolocation features enabled, may be found at https://bit.ly/3y2K9XD

Draft Proposed
Election Sequence:

2024 – Districts 1 & 3

2026 – Districts 2 & 4
Total Deviation

3.29%
(under the acceptable
norm of <10%)
Draws four (4)
majority/minority
Hispanic Voting
Districts
618
Draft Map 16 – Demographic Data

District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 44,577 618 1.41% 32,022 6,892 2,168 115 2,193 113 243 831 2 44,663 704 1.60% 32,865 4,589 3,137 117 2,682 110 265 898 3 43,380 -579 -1.32% 31,533 5,333 1,914 97 3,473 74 199 757 4 43,217 -742 -1.69% 23,835 7,276 3,255 81 7,348 119 235 1,068 Total 175,837 120,255 24,090 10,474 410 15,696 416 942 3,554 Ideal 43,959 Deviation 3.29%
Voting Age Population Total VAP* Latino VAP
NL White
Alone VAP
NL Black
Alone VAP

NL AIAN
Alone
VAP
NL Asian
Alone VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
34,018 23,399 6,117 1,668 102 1,867 95 168 602 32,496 22,874 4,005 2,413 102 2,273 71 154 604 32,882 22,903 4,692 1,591 75 2,906 60 128 527 33,070 17,322 6,090 2,595 60 6,040 89 184 690 Total 132,466 86,498 20,904 8,267 339 13,086 315 634 2,423 Citizen Voting Age Population
CVAP*19
Total
CVAP19 NL
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
28,255 7,131 1,149 18,222 10,022 132 889 14 41 Draws four majority/minority 24,030 4,922 2,316 14,621 9,424 28 1,788 67 58 Hispanic voting districts 27,444 5,384 1,550 17,834 9,605 74 2,083 84 89 26,529 6,531 1,957 14,723 11,774 10 2,644 26 100 Total 106,258 23,968 6,972 65,400 40,825 244 7,404 191 288 *NL = Non Latino
*AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population
619
Department: Integrated Waste
Prepared By: Blaine M Ishii
Department: Public Works
Prepared By: Bonnie Tam
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT:

INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 3 OF TITLE 6 OF THE

ONTARIO MUNICIPAL CODE RELATING TO NON-WASTE REPORTING

REQUIREMENTS

CITY OF ONTARIO
Agenda Report
July
5, 2022
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council introduce and waive further reading of an Ordinance amending Chapter 3 of Title 6 of the Ontario Municipal Code related to Non-Waste Reporting Requirements and finding the action exempt from CEQA.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:

There is no direct fiscal impact associated with the recommended action.

BACKGROUND & ANALYSIS:

The City of Ontario (the “City”) provides for the collection and removal of solid waste. The Integrated Waste Department of the City’s Public Works Agency carries out solid waste removal duties within the City and provides service to various customers within the City’s jurisdiction. No other entity is permitted to engage in solid waste hauling services in the City.

Pursuant to SB 1383 (Chapter 395, Statutes of 2016), the California Department of Resources Recycling and Recovery (“CalRecycle”) adopted regulations in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations”) that now require the City to track its solid waste diversion levels in order to meet certain State- mandated targets.

There are certain businesses (“Non-Waste Dealers”) operating within the City’s jurisdiction engaging in the purchase (or collection) of sold and donated materials that are not solid waste. These materials, while not solid waste because they are purchased or donated for value and at no cost to the generators, are nevertheless materials that are “diverted” from becoming solid waste, and as such count toward the City’s diversion level targets. For that reason, it is beneﬁcial to the City to 620
track the amount and levels of these transactions, in order to accurately determine the diversion levels achieved within its jurisdiction.

The proposed Ordinance would amend Article 5 of Chapter 3 of Title 6 of the Municipal Code in its entirety, as well as select provisions of Articles 1, 2, 6, and 8 of that same Chapter, in order to clarify the obligation of Non-Waste Dealers to track and report the volumes and types of waste that they purchase or receive in a given transaction and to submit to City inspection and enforcement. This Ordinance ensures the City is appropriately and accurately tracking diversion rates. In addition, this Ordinance further clariﬁes that Non-Waste Dealers may not charge a fee or receive any compensation for the collection, transport, disposal, processing, or recycling of Non-Waste, recyclable materials, organics, or solid waste, or charge a rental fee for a container of any such material to be collected within the City.

ENVIRONMENTAL REVIEW:

This Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The Ordinance merely codiﬁes Non- Waste collectors’ and haulers’ obligation to report their activities to the City. In the alternative, the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a signiﬁcant eﬀect on the environment.” There is no possibility that the Ordinance may have a signiﬁcant eﬀect on the environment because the Ordinance merely codiﬁes Non-Waste collectors’ and haulers’ obligation to report their activities to the City.
621
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 3 (INTEGRATED SOLID WASTE
MANAGEMENT) OF TITLE 6 (SANITATION AND HEALTH) OF THE

ONTARIO MUNICIPAL CODE RELATING TO NON-WASTE REPORTING
REQUIREMENTS.

WHEREAS, the City of Ontario (the “City”), presently provides for the exclusive collection of solid waste, organic waste, and recyclable materials within the City through Integrated Waste Management, a division of the City’s Public Works Agency; and WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery (“CalRecycle”) to adopt regulations to reduce organic waste by 75 percent from its 2014 baseline level by 2025; and WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations”); and
WHEREAS, the SB 1383 Regulations took effect January 1, 2022, and among their requirements is the City’s obligation to track its solid waste diversion levels in order to meet State-mandated targets; and
WHEREAS, certain businesses operate within the City’s jurisdiction to purchase or collect sold or donated materials that are not solid waste (“Non-Waste”); and WHEREAS, Non-Waste is nevertheless material that the City desires to track in order to ascertain its compliance with State-mandated diversion targets; and WHEREAS, although the Municipal Code of the City of Ontario does provide for a “permitting” process at present, it does not clearly provide an affirmative obligation on Non- Waste buyers and haulers to report certain details about their activities to the City; and WHEREAS, the City Council desires to amend the City’s current Solid Waste Ordinance to reflect the existence of these Non-Waste buying practices and to codify Non-Waste buyers’ and haulers’ obligation to report details about the Non-Waste they collect within the City.

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

SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are incorporated herein by this reference.
622
SECTION 2. Code Amendment. Article 5 of Chapter 3 of Title 6 of the Ontario Municipal Code is repealed in its entirety and replaced in its entirety as set forth in Exhibit A, incorporated by this reference.

SECTION 3. Code Amendment. The following sections of Chapter 3 of Title 6 of the Ontario Municipal Code are amended as set forth in Exhibit B, incorporated by this reference: 6-3.101, 6-3.104, 6-3.107, 6-3.207, 6-3.209, 6-3.604, 6-3.605, 6-3.808, 6-3.810, 6-3.811.

SECTION 4. CEQA. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The Ordinance merely codifies Non-Waste collectors’ and haulers’ obligation to report their activities to the City. In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance merely codifies Non-Waste collectors’ and haulers’ obligation to report their activities to the City.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 6. Effective Date. This Ordinance takes effect thirty (30) days after its adoption.

SECTION 7. Certification. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this __ day of _______, 2022. _____________________________________
PAUL S. LEON, MAYOR
623
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
624

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. ____ was duly introduced at a regular meeting of the City Council of the City of Ontario held _________, 2022 and adopted at the regular meeting held _________, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. ____ duly passed and adopted by the Ontario City Council at their regular meeting held on ___, 2022 and that Summaries of the Ordinance were published on _________ ___, 2022 and _________ ___, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
625

EXHIBIT A
Article 5. Allowable Composting and Recycling, Non-Waste Disposal Sec. 6-3.501. Backyard residential composting.
(a) Notwithstanding any other provision of this chapter, residents are encouraged to compost green wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable kitchen scraps (but not including other household refuse or animal wastes).

The following conditions regarding composting must be met:
(1) Compost piles or containers are located in the rear or side yard, not visible from a public street, and no greater than five (5) feet in height; (2) The compost piles or containers are at least five (5) feet from the property line or separated from adjacent property by a solid wall;
(3) Compost piles are maintained so that they do not generate an offensive odor or harbor rodents;
(4) The maximum size of any pile or container is five (5) feet in height by five (5) feet in width by five (5) feet in length;
(5) The compost is enclosed, screened or otherwise maintained to minimize insects or pests; and
(6) The pile or container shall not permit surface run-off or leachate to another property.
(b) The Administrator may authorize, for educational purposes, the creation of a composting demonstration area visible to the public at a City park or other facility. (c) No composting shall be permitted at any location that is determined to be a fire hazard by the City's Fire Department.

Sec. 6-3.502. Non-Waste Dealer Operations.
(a) Non-Waste Dealers shall be expressly subject to all inspection, reporting, and enforcement provisions of this chapter, and all other applicable regulations, permits, charges for use, terms, and fees established by the City. Conditions for lawfully operating as a Non-Waste Dealer shall be enforced by the City in accordance with this chapter and all applicable county, state, and federal regulations.
(b) Any such Non-Waste Dealer operating at any time in the City shall furnish, at a frequency established by the City, but no less than quarterly each calendar year, a report of the amount of Non-Waste (including but not limited to all materials that would be deemed recyclables, organics, or contaminated materials if otherwise discarded as solid waste) collected from within the City. The report shall contain the weight and type of Non- Waste collected, the names and addresses of generators from which the Non-Waste was collected, and the final destination of the Non-Waste collected, as further detailed in subdivision (g) below. The report shall be submitted in a format necessary to meet state criteria. The report shall be considered late if submitted thirty (30) days after the date due.

Failure to provide the report within thirty (30) days from the due date is hereby declared an infraction and subject to penalties listed in OMC § 1-2.01. 626
(c) All such businesses operating as a Non-Waste Dealer shall keep their collection containers in good condition and free from graffiti. Containers must be kept in a clean and sanitary condition and must be appropriately sanitized upon notification from the City. (d) Such bins, roll-offs, or other containers to collect Non-Waste by Non-Waste Dealers must be placed according to the standards set by the City. Such containers shall not be placed in the public right-of-way. The containers shall be placed in enclosure(s) which meet City standards when applicable. Separate containers for recyclables and organics shall be provided if applicable. Bins, roll-offs or other containers utilized by a Non-Waste Dealer shall be clearly identified by the name of the Non-Waste Dealer and other information the Administrator may require. The Administrator may regulate the colors and look of such containers as necessary to ensure they are distinguishable from those utilized by the City’s Collector(s).
(e) Bins, roll-offs, or other containers to collect Non-Waste by Non-Waste Dealers must be used exclusively for the collection of Non-Waste, as applicable. Residual material within a container other than Non-Waste regularly purchased by or donated to the Non- Waste Dealer must not exceed five percent (5%) in any container, as determined at the discretion of the Administrator.
(f) Each violation of sections 6-3.502, 6-3.503, 6-3.504, 6-3.505 and 6-3.506 will be considered an infraction and subject to penalties listed in OMC § 1-2.01 and section 6-

3.811 of this Code, with the exception of subdivisions (f) and (g) of Section 6-3.811. (i) Notwithstanding any language to the contrary, the obligations of Non-Waste Dealers under this chapter are effective immediately and subject to all enforcement measures, administrative penalties, and civil penalties for non-compliance with no regard to any education period or other delay. If the City determines that a Non-Waste Dealer or similar entity is not in compliance with this Article 8, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to this § 6-

3.811. Subdivisions (f) and (g) of this § 6-3.811 are inapplicable to Non-Waste Dealers. (g) Non-Waste Dealers, including, but not limited to, scrap buyers and compostable material buyers, shall keep a record of the amount and type of Non-Waste purchased or received from any entity in any transaction as part of the Non-Waste Dealer’s regular course of business. This record shall be subject to inspection by the City, and shall include, at a minimum, the following information:
(i) The Non-Waste Dealer’s receipts and weight tickets for any transaction. (ii) The amount of Non-Waste in cubic yards or tons, purchased by, transported by, or donated to the Non-Waste Dealer from each entity in any transaction. If the nature of the Non-Waste Dealer’s business involves the purchase or receipt of Non-Waste that is not reasonably suited for recordation in cubic yards or tons (i.e. used furniture, etc.), the record shall instead reflect the number and weight of each item of Non-Waste. (iii) A general description of the type of Non-Waste collected in any given transaction.
(iv) The date of each transaction.
(v) The name and contact information of each entity that sold, donated, or otherwise disposed of the Non-Waste material in a given transaction. (vi) The location to which all Non-Waste was taken or hauled in a given transaction.
(2) If solid waste, recyclable materials, or organic waste is inadvertently collected in the receipt of Non-Waste, such materials are the responsibility of the Non-Waste Dealer 627
and will be considered to have been generated by the Non-Waste Dealer as a commercial generator. In that event, all such materials shall be subject to all other applicable provisions of this chapter, including but not limited to Section 6-3.809. (3) Non-Waste Dealers shall provide all records collected pursuant to this Section to the City at a frequency determined by the City, but no less than quarterly each calendar year. Such records shall be considered late if received thirty (30) days or more after their due date, and is an infraction subject to penalties listed in OMC § 1-2.01. (h) The Administrator may issue a compliance order, whereby the Non-Waste Dealer must comply with all directives, conditions, and requirements therein within the time prescribed. The compliance order shall contain terms and conditions to ensure compliance with this chapter. The Administrator may issue citations pursuant to Sec. 6-

3.811 when it is determined that a Non-Waste Dealer:
(1) Fails to comply with any provision of this chapter, a City administrative order, a City compliance order, or a City compliance agreement;
(2) Knowingly provides a false statement, representation, record, report, or document to the City;
(3) Refuses to provide records or other documents required by the City to determine compliance with the permit or this chapter.

Sec. 6-3.503. Appeal.
(a) Pursuant to § 1-4.01, any affected Non-Waste Dealer may appeal in writing to the City Council, by filing with the City Clerk a written notice of such appeal, setting forth grounds thereof. The appellant shall file such notice within fourteen (14) days after receipt of the notice of the administrative decision concerned. (b) The order of the City Council shall be deemed final upon its adoption. (c) If the Non-Waste Dealer fails to appeal to the City Council, or the City Council fails to reverse or modify the administrative decision, the Administrator's administrative decision shall be deemed final.

Sec. 6-3.504. Public access to information and confidentiality. (a) Any information in a Non-Waste Dealer’s file, which includes, but is not limited to, permits, permit applications, questionnaires, or manifests, shall be available to other public or governmental agencies without restriction.
(b) If the disclosure of the Non-Waste Dealer's file, or a portion thereof, would divulge trade secrets or secret processes, the Non-Waste Dealer shall have the right to request that such information be kept confidential. Any such claim must be made at the time of submittal of the information by marking the submittal "confidential business information" on each page containing such information.
(c) Information demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency bound by the confidentiality requirements for uses related to this chapter, and for use by the state or federal agency in judicial review or exercise of their valid regulatory authority.
628
Sec. 6-3.505. Non-Waste Dealer purchases or receipt of Non-Waste, property owner responsibility.

For Non-Waste collected by businesses other than the City, the property owner shall be responsible for contracting with the Non-Waste Dealer for regular pick-up and collection of the Non-Waste. Recyclables, organics, solid waste, and Non-Waste shall not be permitted to accumulate such that a visual or public health and safety nuisance is created. The City shall have the authority to abate any such nuisance and charge the property owner or Non-Waste Dealer for the expense of abating the nuisance.

Sec. 6-3.506. Prohibition on Collecting Solid Waste, Recyclable Materials, Organic Waste, or Non-Waste for a Fee.

No person, expressly including, but not limited to, a Non-Waste Dealer, may charge a fee or receive any compensation for the collection, transport, disposal, processing, or recycling of Non-Waste, recyclable materials, organics, or solid waste, or charge a rental fee for a container of any such material to be collected within the City. Non-Waste Dealers shall collect only those Non-Waste materials that are sold or donated by the generator thereof. Nothing in this chapter limits the right of any person to donate, sell, or otherwise dispose of his or her Non-Waste.
629

EXHIBIT B
Article 1: General Provisions
Sec. 6-3.101. Declaration of policy.

The City Council of the City of Ontario hereby finds and declares:
(a) The intent and purpose of this chapter is to comply with state law on solid waste management as it is found in California Public Resources § 40000 et seq. (b) State law requires local agencies such as the City to control and reduce their waste streams, and to meet per capita waste generation goals each year. This reduction requires an ongoing evolution of the practices within the City to include elements that reduce waste generation, promote reuse, and require collection of recyclables and organic waste.
(c) The accumulation, collection, removal, disposal, composting, and recycling of solid waste shall be controlled by the City for the protection of the public health, safety and welfare, and to contribute toward the diminution of health hazards and pollution in the City. The City Council finds that to give practical effect to this policy, a comprehensive system for the periodic collection, removal, disposal, composting and/or recycling of integrated waste from all premises in the City is essential and benefits all residents of the City; therefore, all such occupants are made responsible for the collection, disposal, composting, and/or recycling of solid waste.
(d) The provisions of this chapter shall control in the event of any inconsistencies between this chapter and any other City ordinances, resolutions, or other written arrangements.
(e) Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell, or otherwise dispose of recyclables or organics, provided that any such donation, sale, or disposal is in accordance with the provisions of this chapter, including but not limited to the provisions of Section 6-3.808(b). (f) The City Manager shall be responsible for reviewing solid waste collection services, contracts, permits, fees, and rates, and for making recommendations on the administration of the above to the City Council for final approval.

Sec 6-3.104. Applicability.

This chapter shall apply to all waste generators within the City, and to waste generators outside the City who are, by permit, contract, or agreement with the City, users of the City's non-organic waste, recycling and green waste and other organics collection services, or are conducting business or activities within the City which fall under the provisions of this chapter.

The inspection, reporting, and enforcement provisions of this chapter shall further apply to the donation, sale, or disposal of Non-Waste, as that term is defined in Section 6-3.106, as though the purchasers, recipients, collectors, transporters, recyclers, haulers, or other persons in receipt of such Non-Waste were collectors of solid waste. 630
Sec. 6-3.106. Definitions.

For the purpose of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural, and the plural may include the singular. Use of the masculine shall also mean the feminine and neuter. (a) "Account." A statement or record utilized by the City for billing customers that receive integrated waste services.
(b) "Administrator." The City Utilities Manager or his or her designee. (c) "Bin." City-provided or privately-owned, integrated waste containers, generally with a lid, that are collected by a front-loading collection vehicle. (d) "Blue container" has the same meaning as in 14 CCR § 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container waste.
(e) "Bulky item." Any item unable to be collected through normal collection methods, such as an appliance, furniture or bundled brush.
(f) "Business recycling plan." A business recycling plan as set forth in § 6-3.601. (g) "C & D" or "construction and demolition debris." Lumber, paper, cardboard, metals, masonry (brick, concrete, and the like), carpet, plastic, pipe (plastic, metal, and clay), drywall, rocks, dirt, and green waste related to land development. These materials produce debris that is not hazardous waste, as defined by Cal. Pub. Resources Code § 40141.
(h) "California Code of Regulations" or "CCR" means the State of California Code of Regulations.
(i) "CalRecycle" means California's Department of Resources Recycling and Recovery.
(j) "Cart." The City-provided, plastic, solid waste container with a tight-fitting lid and wheels, collected by an automated, side-loading collection vehicle. Carts may be in the sizes and colors determined by the City.
(k) "City." The City of Ontario, California.
(l) "City Manager." The chief administrative officer of the City or his or her designee. (m) "Collection." The operation of gathering together and transporting of materials subject to this chapter to a point of disposal and/or a recycling or composting center/facility.
(n) "Collector." A person employed by the City or any other person (or the agents or employees thereof) with whom the City shall have contracted to collect, carry, transport, compost, and/or recycle non-organic waste, recyclables, and organics within the City. (o) "Commercial" or "commercial business." A business, industrial, commercial establishment, or construction site, and any multiple-family, residential dwelling with five (5) units or more on one (1) account.
(p) "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in CCR §§ 18982(a)(73) and (a)(74). 631
(r) "Compactor." A privately-owned receptacle for compressing waste used in commercial establishments, collected by a front-loading or a roll-off vehicle. (s) "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 one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8). (t) "Compliance review" means a review of records by the City to determine compliance with Article 8.
(u) "Compost." The product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal waste stream, or that are separated at a centralized facility.
(v) "Container." A cart, bin, roll-off, compactor or similar receptacle used to temporarily store solid waste, organics or recyclables for collection service. (w) "Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).
(x) "Customer." The owner and/or occupant of any property within the City that is required to participate in the City's integrated waste collection program, including green waste, other organics and recyclables.
(y) "Designated source separated organic waste facility", shall have the same definition as 14 CCR § 18982(14.5).
(z) "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities as authorized in 14 CCR § 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. (aa) “Discard” means to dispose of solid waste through means other than sale or donation.
(bb) “Discarded materials” means materials set out for collection by a generator in one or more containers.
(cc) "Divert." To use material for any purpose other than disposal in a landfill or transformation facility.
(dd) “Donate” means to gratuitously surrender or part with material of value to the donator, with no net payment between the donator and the donee. (ee) "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). "Edible food" is not solid waste if it is recovered and not discarded.
(ff) "Enforcement action" means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(gg) "Enforcement Officer" means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing Article 8. (hh) "Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).
632
(ii) "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 § 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
(jj) "Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 18982(a)(26). (kk) "Food waste." Discarded raw, cooked, or processed edible substances, ices, beverages, ingredients used or intended for use or for sale, in whole or in part, for human consumption, and chewing gum. Food waste includes compostable plastics. Food waste is a subset of organics.
(ll) "Generator" or "waste generator" means a person or entity that is responsible for the initial creation of waste.
(mm) "Gray container" has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste. (nn) "Gray container waste" means solid waste that is collected in a gray container that is part of a three (3)-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR § 18984.1(a)- (b), or as otherwise defined in 14 CCR § 17402(a)(6.5). (oo) "Green building." The use of materials in a more efficient manner. Green building practices can include salvaging dimensional lumber from structures, using reclaimed aggregates, or designing a structure in a way that requires less material. (pp) "Green container" has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
(qq) "Green waste." Tree and shrubbery trimmings, tree roots less than six (6) inches in diameter, vegetation matter resulting from land clearing, grass, weeds, straw, or leaves, wood chips, sawdust and other household garden, organic materials that have been segregated from other solid waste materials for the purpose of deposit at a designated collection location, including curbside location, for collection and transportation to a compost facility. Green waste does not include palm fronds, cactus or tree limbs, roots or stumps larger than six (6) inches in diameter. Green waste is a subset of organics. (rr) "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 § 18982(a)(30).
(ss) "Hazardous waste." A waste, or combination of wastes, which, because of its quantity, concentration or physical, chemical, or infectious characteristics, may do either of the following:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or 633
(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Unless expressly provided otherwise, "hazardous waste" includes extremely hazardous waste and acutely hazardous waste.
(tt) "High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent (50%) percent between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or, as otherwise defined in 14 CCR § 18982(a)(33). (uu) "Inspection" means a site visit where a City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in Article 8, or as otherwise defined in 14 CCR § 18982(a)(35).
(vv) "Integrated waste." The City's Integrated Waste Department. (ww) "Integrated waste collection" means the collection of source separated green container organic waste in the green container, source separated recyclable materials in the blue container; and gray container waste in the gray container. (xx) "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 two thousand (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.
(yy) "Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. 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. A site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue. (zz) "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR § 18982(a)(40). (aaa) "Mixed waste organic collection stream" or "mixed waste" means organic waste collected in a container that is required by 14 CCR §§ 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR § 17402(a)(11.5).
(bbb) "Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
(ccc) "Non-organic waste." Solid waste that does not include recyclables and organics. (ddd) “Non-Waste” means material generated by a generator that would otherwise be disposed of as solid waste, and that may be properly placed in a container set out for City 634
collection by a generator, but is instead sold for value or donated to a Non-Waste Dealer.

Non-Waste does not include solid waste, recyclable materials, or organic waste that is abandoned or discarded.
(eee) “Non-Waste Dealer” means a person or entity who, as part of a regular and continuing part or whole of their business practice, purchases Non-Waste or receives donated Non-Waste, including but not limited to a scrap buyer, compostable materials buyer, or recyclables broker.
(fff) "Notice of violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4 (ggg) "Occupant." One who has certain legal rights to or control over the premises occupied; a tenant or owner.
(hhh) "Organics," "organic waste," and "organic material." 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.
(iii) "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR § 18982(a)(48). (jjj) "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 § 18982(a)(51).
(kkk) "Person." An individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(lll) "Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white woven 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 § 18982(a)(54). (mmm) "Prohibited container contaminants" means 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 the City's green container and/or blue container; and, (nnn) "Property owner." The record owner of a property, including the homeowner/business owner association of a residential/business condominium project. (ooo) "Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60). (ppp) "Recovery" means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).
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(qqq) "Recyclable materials" or "recyclables." Non-organic, reusable waste materials, including, but not limited to, metal, glass, and plastic, that are to be collected, separated or processed and used as raw materials. "Recyclables" may include paper products, printing and writing paper, wood, dry lumber and textiles. (rrr) "Recycle" or "recycling." The process of collecting, sorting, cleansing, treating, and reconstructing materials that would otherwise become refuse or garbage, and returning them to the economic mainstream in the form of raw material for new, revised, or reconstituted products that meet the quality standards necessary to be used in the marketplace. This includes, without limitation, items intended for "re-use" or "personal use," irrespective of their intended return to the economic mainstream or marketplace. (sss) "Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent (30%), by fiber weight, post- consumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).
(ttt) "Residential." Any residential dwelling or apartment house. (uuu) "Reuse." Further or repeated use of construction or demolition debris. (vvv) "Roll-off bin" or "roll-off." A compactor or open-top, City-owned or private container collected by a roll-off collection vehicle.
(www) "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 § 18982(a)(65).
(xxx) “Sale” and “sold” means the act of transferring ownership of Non-Waste for value between a generator and a Non-Waste Dealer. A transaction is not a sale if it does not result in a net payment to the Non-Waste generator, as evaluated under the totality of the circumstances (including, but not limited to, any rebates, bin rental fees, etc.). If a transaction purporting to be the sale of Non-Waste involves a net charge, fee, or cost to the Non-Waste generator, it is not a sale of Non-Waste and is instead solid waste hauling activity subject to the solid waste provisions of this Code. (yyy) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016.
(zzz) "SB 1383 Regulations" or "SB 1383 Regulatory" means 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.
(aaaa) "Scavenging." The removal of any solid waste material without authorization of the property owner and/or the City.
(bbbb) "Self-hauler" means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 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 § 18982(a)(66)(A).
(cccc) "Single-family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
(dddd) "Solid waste." All putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded 636
home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous, radioactive waste or medical waste.
(eeee) "Solid waste enterprise." An entity authorized by the County of San Bernardino or other regulatory authority to provide integrated waste services in such area prior to its annexation by the City.
(ffff) "Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4). Source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.
(gggg) "Source separated blue container waste" means source separated 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 § 18982(a)(43), or as otherwise defined by 14 CCR § 17402(a)(18.7).
(hhhh) Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container waste, carpets, non-compostable oaper, and textiles. (iiii) "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 § 18982(a)(71).
(jjjj) "Tier one commercial edible food generator" means a commercial edible food generator that is one (1) of the following:
(1) Supermarket.
(2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
(kkkk) "Tier two commercial edible food generator" means a commercial edible food generator that is one (1) of the following:
(1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
(2) Hotel with an on-site food facility and two hundred (200) or more rooms. (3) Health facility with an on-site food facility and one hundred (100) or more beds. (4) Large venue.
(5) Large event.
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(6) A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet. (7) A local education agency facility with an on-site food facility. (llll) "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 § 189852(a)(76).

Article 2. Prohibitions
Sec. 6-3.207. Scavenging.
(a) Only the City may remove any recyclables or organics, which have been segregated from other solid waste, and placed at the curbside or at a location designated for the collection of recyclables or organics.
(b) Such recyclables or organics are the property of the City upon placement of the container for collection. No unauthorized person shall remove non-organic waste, recyclables, or organics from City containers.
(c) In any civil action by the City against a person alleged to have violated any provision of this section, the court may award a civil penalty of not more than One Thousand Dollars ($1,000.00) for each unauthorized removal against the unauthorized person removing the solid waste.
(d) Violation of this section is unlawful and shall be a misdemeanor. Each separate unauthorized removal shall be a separate violation.

Sec. 6-3.209. Unauthorized containers.
(a) Containers used to collect solid waste placed in the City by unauthorized collectors or haulers are subject to impoundment. Containers shall be placed in a storage facility and the hauler shall be responsible for all fees incurred as a result of the impoundment. (b) Containers violating this section of the chapter shall be tagged by Code Enforcement, or Integrated Waste Department staff, for removal within twenty-four (24) hours. If it is not removed within twenty-four (24) hours, the container will be impounded by the City without granting any further notice or warning. The confiscated container will be placed in a storage facility and the hauler shall be responsible for all fees incurred as a result of the impoundment.
(c) This Section shall not apply to a Non-Waste Dealer operating pursuant to the provisions of this chapter and possessing all necessary business license(s) and permit(s) to the extent that such a Non-Waste Dealer uses its own Non-Waste container for the purchase or donation of Non-Waste and not for a fee. The provision of such a Non-Waste container cannot involve any net payment by any individual to the Non-Waste Dealer or Non-Waste container’s provider; any net payment by the generator of purported Non- Waste to the Person receiving it renders that transaction an act of solid waste collection subject to the provisions of this Code.
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Article 6. Business Recycling Requirements
Sec. 6-3.604. Mandatory business recycling.
(a) The following commercial customers shall recycle and divert from the landfill recyclable materials generated by the customer in accordance with this § 6-3.604:
(1) A commercial business that generates four (4) cubic yards or more of solid waste per week;
(2) A multi-family dwelling of five (5) units or more. (b) Businesses subject to this § 6-3.604 shall arrange for recycling services from the Collector or a Non-Waste Dealer. A customer subject to this § 6-3.604 shall take at least one (1) of the following actions:
(1) Source separate recyclable materials from other solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed-waste processing that yields diversion results comparable to source separation. (c) A customer meeting the conditions of § 6-3.604(a) may request an exemption from the requirements of § 6-3.604(b) by submitting an application on a form prescribed by the Administrator. After reviewing the exemption request, the Administrator shall either approve or disapprove the exemption request. To be eligible for an exemption from requirements of this section, the business must demonstrate that:
(1) There are no recyclable materials being generated by any activities of the customer;
(2) There is inadequate storage space for the storage of recyclable materials; (3) There is no viable market for the recycling materials or recycling facility available.

Sec. 6-3.605. Mandatory commercial business organics service. (a) A customer meeting the conditions of § 6-3.604(a)(1) that generates four (4) cubic yards of solid waste per week shall recycle and divert from the landfill organics generated by the customer.
(b) A customer subject to this section shall arrange for organics service from the Collector or a Non-Waste Dealer. A customer subject to this section shall take at least one (1) of the following actions:
(1) Source separate organic waste from other solid waste and subscribe to a basic level of organics recycling service that includes collection and recycling of organics. (2) Recycle its organics onsite or self-haul its own organics for recycling. (3) Subscribe to an organics service that may include mixed-waste processing that specifically recycles organics.
(c) A customer subject to this section may request an exemption from the requirements of § 6-3.605(b) by submitting an application on a form prescribed by the Administrator. After reviewing the exemption request, the Administrator shall either 639
approve or disapprove the exemption request. To be eligible for an exemption from the requirements of § 6-3.605(b), the customer must demonstrate that:
(1) There is less than one-half (½) of a cubic yard per week of organics being generated by any activities of the customer;
(2) There is inadequate storage space for the storage of organics; (3) There is no viable market for the organics or organic recycling facility available.

Article 8: Mandatory Organic Waste Disposal Reduction
Sec. 6-3.808 Requirements Facility Operators.
(a) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly- owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days. (2) Community composting operators, upon the City's request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days.

Sec. 6-3.810 Inspections and investigations.
(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, Non-Waste container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this Article 8 by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, Non-Waste Dealers, self-haulers, hauler, food recovery service, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection.
(b) The 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 described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this Article 8 and may result in penalties described in § 6-3.811.
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(c) Any records obtained by the City during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) 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 Article, 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.

Sec. 6-3.811 Enforcement.
(a) Violation of any provision of this Article shall constitute grounds for issuance of a notice of violation and assessment of a fine by a Enforcement Officer. Enforcement actions under this Article are issuance of an administrative citation and assessment of a fine. The procedures in § 1.2.01 et seq. shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article 8 and any rule or regulation adopted pursuant to this Article 8, except as otherwise indicated in this Article 8.
(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.
(c) Penalty amounts for types of violations. The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be Fifty Dollars ($50.00) to One Hundred Dollars ($100.00) per violation.
(2) For a second violation, the amount of the base penalty shall be One Hundred Dollars ($100.00) to Two Hundred Dollars ($200.00) per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be Two Hundred Fifty Dollars ($250.00) to Five Hundred Dollars ($500.00) per violation. (d) Factors considered in determining penalty amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator's ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (e) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to § 1-4.01 et seq.
(f) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the City will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that organic waste generator, self-hauler, hauler, 641
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 Article 8 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.
(g) 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 Article 8, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to this § 6-3.811.
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Ontario City CouncilJuly 5, 2022

Ontario City Council
July 5, 2022