Paradise City Council
July 12, 2022

signature and acknowledgement of addenda 1. The addendum was also omitted, it was related to the clause on the first signed page of the bid book pertaining to prevailing wages. The wages included in the bid were based on the higher of the wage rates between Davis Bacon and California prevailing wage rates.

Furthermore, A bidder’s bond was secured and signed by Northstate Earth and Water in the amount of the bid.

Northstate also obtained the 6% DBE goal.

In regards to number 3, our workers comp insurance was renewed in May 2022. We were not aware at that time that the insurance company had not uploaded that information to the state. 512

We checked our status on the date of submission, and it was active. Upon notice from another contractor that we had been deemed non-responsive, we contacted our insurance company, and they immediately fixed the error which was cleared from the CSLB website. A letter is enclosed.

Our company has never had liquidated damages, breach of contract, or to failure to complete a project on time in our entire 16 years of business. We take great pride in giving our clients great customer service, and highly regarded results. Our safety record is excellent.

We humbly ask that our bid fall under consideration and be deemed responsive. The bid amount is accurate and solid and should not be disregarded due to a clerical error.

References from public agencies are available upon request.

Thank you for your consideration.

Sincerely,
Georgetta Fitzgerald
Northstate Earth and Water Inc.
530-351-3498
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Owner-Contractor Agreement
Off-System Culvert Repair
Federal Project No. 94352-PW0366
Contract No. 8408.CON
THIS AGREEMENT, made this __day of ________________, 2022, in triplicate, between the Town of Paradise (“Town”), and Allen Gill Construction, Inc., (“Contractor”).

ARTICLE I. – WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Town, and under the conditions expressed in the two (2) bonds, bearing even date with these presents, and hereunto annexed, the Contractor agrees, at Contractor’s own proper cost and expense, to do all the project work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the Town, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Town, the project work described in the special provisions and the project plans described below, including any addenda thereto, and also in conformance with the California Department of Transportation Standard Plans, dated 2018, the Standard Specifications, dated 2018 (within the Caltrans Standard Specifications, the word “Department” shall mean the “Town”) and the Labor Surcharge and Equipment Rental Rates in effect on the date the project work is accomplished, which the special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.

The Notice to Bidders, Special Provisions, Bid Documents, and Contract Forms included in this Agreement are dated May 18, 2022 and are entitled:

Bid Book for the project work are dated May 18, 2022 and are entitled:

Off-System Culvert Repair
Federal Project No. 94352-PW0366
Contract No. 8408.CON
The Project Plans for the project work are dated May 16, 2022 and are entitled:

Off-System Culvert Repair
Federal Project No. 94352-PW0366
Contract No. 8408.CON
Which are hereby made part of this Agreement.

ARTICLE II. – The Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the project work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the project work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the project work until its acceptance by the Town of Paradise and for all risks of every description connected with the project work; also for all expenses incurred by or in consequence of the suspension or discontinuance of project work and for well and faithfully completing the project work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit:
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Contract Bid Items
Off-System Culvert Repair
Federal Project No. 94352-PW0366
Contract No. 8408.CON
Bid
Item Item Description Unit of Measure
Estimated
Quantity Unit Price Total Amount
1 Traffic Control System LS 1 $ 23,003.00 $ 23,003.00
2 Portable Changeable Message Sign EA 4 $ 3,984.00 $ 15,936.00 3 Job Site Management LS 1 $ 15,723.00 $ 15,723.00
4 Prepare Water Pollution Control Plan LS 1 $ 2,309.00 $ 2,309.00 5 Street Sweeping LS 1 $ 23,907.00 $ 23,907.00
6 Class 2 Aggregate Base CY 28 $ 363.00 $ 10,164.00
7 Minor Hot Mix Asphalt TON 19 $ 910.00 $ 17,290.00
8 Place Hot Mix Asphalt (Miscellaneous Areas) SY 112 $ 147.00 $ 16,464.00 9 Minor Concrete (Minor Structure) (F) CY 2 $ 1,410.00 $ 2,820.00 10 12" Plastic Pipe LF 20 $ 544.00 $ 10,880.00
11 15" Plastic Pipe LF 34 $ 537.00 $ 18,258.00
12 18" Plastic Pipe LF 200 $ 205.00 $ 41,000.00
13 12" Reinforced Concrete Pipe LF 241 $ 205.00 $ 49,405.00 14 15" Reinforced Concrete Pipe LF 151 $ 148.00 $ 22,348.00 15 18" Reinforced Concrete Pipe LF 86 $ 264.00 $ 22,704.00 16 24" Reinforced Concrete Pipe LF 9 $ 426.00 $ 3,834.00 17 12" Concrete Flared End Section EA 10 $ 1,474.00 $ 14,740.00 18 15" Concrete Flared End Section EA 5 $ 2,035.00 $ 10,175.00 19 18" Concrete Flared End Section EA 7 $ 2,053.00 $ 14,371.00 20 24" Concrete Flared End Section EA 1 $ 3,292.00 $ 3,292.00 21 12" Plastic Flared End Section EA 2
$ 1,088.00 $ 2,176.00
22 15" Plastic Flared End Section EA 11 $ 888.00 $ 9,768.00 23 18" Plastic Flared End Section EA 3 $ 1,314.00 $ 3,942.00 24 Remove Pipe LF 656 $ 19.00 $ 12,464.00
25 Rock Slope Protection (20 lb, Class I, Method B) CY 32 $ 809.00 $ 25,888.00 26 Rock Slope Protection Fabric (Class 8) SY 94 $ 34.00 $ 3,196.00 27 Minor Concrete (Driveway) CY 5 $ 1,509.00 $ 7,545.00 28 Mobilization LS 1 $ 75,299.00 $ 75,299.00
TOTAL BASE BID AMOUNT = $478,901.00
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ARTICLE III. – The Town hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the project work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby agrees to pay the same at the time, in the manner and upon the conditions above set forth; and the parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants contained in this Agreement.

ARTICLE IV. – Contractor certifies that Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the project work of this Agreement.

ARTICLE V. – It is further expressly agreed by and between the parties hereto that if there be any conflict between the terms of this Agreement and the bid of the Contractor, then this agreement shall control and nothing herein shall be considered as an acceptance of the terms of the Bid conflicting herewith.

ARTICLE VI. – The Town of Paradise hereby employs Contractor to provide material and to do the project work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions set forth in this agreement.

ARTICLE VII. – The project work required in the performance of this Agreement is an improvement over which the Town of Paradise shall exercise general supervision.

ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Agreement. It is further expressly agreed, by and between the terms of this Agreement and the bid of the Contractor, that this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the Bid conflicting with this Agreement.

ARTICLE IX. – Notwithstanding any other provision, all claims by the Contractor for $375,000 or less against the Town shall be subject to the procedures set forth in Public Contract Code sections 20104 to 20104.8; a copy of which is shown below:
20104.
(a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2.

For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
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(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits Contractor’s or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4.

The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6.
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

ARTICLE X. – Notwithstanding any other provision, all claims by the Contractor the Town shall be subject to the procedures set forth in Public Contract Code sections 9201 to 9204; a copy of which is shown below:
9201.
(a) A public entity shall have full authority to compromise or otherwise settle any claim relating to a contract at any time. (b) The public entity shall include provisions in a public works contract for timely notification of the contractor of the receipt of any third-party claim, relating to the contract.
(c) The public entity shall be entitled to recover its reasonable costs incurred in providing the notification required by subdivision (b). (Amended by Stats. 2002, Ch. 315, Sec. 1. Effective January 1, 2003.) 9203.
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(a) Payment on any contract with a local agency for the creation, construction, alteration, repair, or improvement of any public structure, building, road, or other improvement, of any kind which will exceed in cost a total of five thousand dollars ($5,000), shall be made as the legislative body prescribes upon estimates approved by the legislative body, but progress payments shall not be made in excess of 95 percent of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the local agency, and unused. The local agency shall withhold not less than 5 percent of the contract price until final completion and acceptance of the project. However, at any time after 50 percent of the work has been completed, if the legislative body finds that satisfactory progress is being made, it may make any of the remaining progress payments in full for actual work completed.
(b) Notwithstanding the dollar limit specified in subdivision (a), a county water authority shall be subject to a twenty-five thousand dollar ($25,000) limit for purposes of subdivision (a). (Amended by Stats. 2000, Ch. 126, Sec. 1. Effective January 1, 2001.) 9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. 519
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(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally.

The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date. 520
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(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.) IN WITNESS WHEREOF, The parties to these presents have hereunto set their hands the year and date first above written

TOWN OF PARADISE
By _________________________________________
Kevin Phillips, Town Manager
By ________________________________________
Contractor
Licensed in accordance with an act providing for the registration of contractors, License No. _____________________________________________________ Federal Employer Identification Number ______________________________ Approved and certified as being in conformance with the requirements of the Public Contract Code Section 20160 et seq.
___________________________________________
Scott E. Huber, Town Attorney
Approved Effective ___________________________
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Title VI Assurance (US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
 Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);  The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI ofthe CivilRights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
 The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmentaleffects on minority and low-income populations;
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 etseq). 522
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Bond of Faithful Performance
Off-System Culvert Repair
Federal Project No. 94352-PW0366
Contract No. 8408.CON
KNOW ALL MEN BY THESE PRESENTS, THAT WE, ________________________, the Contractor in the contract hereto annexed, as principal, and ______________________, as surety, are held and firmly bound unto the Town of Paradise in the sum of _______________________________________________ ($________________) lawful money of the United Stated, being one hundred percent (100%) of the contract amount, for which payments, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

Signed, sealed and dated ________________________________________.

The condition of the above obligation is that if said principal, as Contractor in the contract hereto annexed, shall faithfully perform each and all of the conditions of said contract to be performed by Contractor, and shall furnish all tools, equipment, apparatus, facilities, transportation, labor and material, other than material, if any, agreed to be furnished by the Town, necessary to perform and complete, and to perform and complete in a good workmanlike manner, the project work of the Off-System Culvert Repair Project, in strict conformity with the terms and conditions set forth in the contract hereto annexed, then this obligation shall be null and void, otherwise to remain in full force and effect, and that said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the project work to be performed thereunder or the specifications accompanying the same, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the project work or to the specifications.

As a condition precedent to the satisfactory completion of the said Contract, the above obligation in abovestated amount shall hold good for a period of one (1) year after the recording of the notice of completion, during which time if the Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the Agency from loss or damage made evident during the period of one (1) year from the date of recording of the notice of completion, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the abovestated amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

Surety further agrees, in case suit is brought upon this bond, that it will pay, in addition to the basic obligation herein, a reasonable attorney’s fee to be awarded and fixed by the Court and to be taxed as costs and to be included in the judgment therein rendered.

Contractor
Surety
Approved as to form:
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Town Attorney, Town of Paradise
Certificate of Acknowledgement
State of California
County of Butte SS
On this day of in the year 20 before me
, personally appeared ,
Attorney-in-fact
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of , and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact.
(SEAL)
Notary Public
524
Off-System Culvert Repair Town of Paradise
Contract No. 8408.CON Contract Forms

Payment Bond
Off-System Culvert Repair
Federal Project No. 94352-PW0366
Contract No. 8408.CON
(Section 3247, Civil Code)
WHEREAS, the Town of Paradise, Department of Public Works, hereafter referred to as “Obligee,” has awarded to Contractor, _________________________, hereinafter referred to as “Principal,” a contract for the project work described as follows: Off-System Culvert Repair.

AND, WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law.

NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum of ______________________________________________($___________) being one hundred percent (100%) of the contract amount, for which payment we bind ourselves, jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH
That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to project work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal and Contractor’s subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such project work and labor, that the surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Dated: _______________________, 2022
By:

Principal
By:

Attorney-in-Fact
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Off-System Culvert Repair Town of Paradise
Contract No. 8408.CON Contract Forms

FHWA Form 1273, Federal Aid Contract Provisions
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Off-System Culvert Repair Town of Paradise
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Off-System Culvert Repair Town of Paradise
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539
1 TOWN OF PARADISE
RESOLUTION NO. 2022-____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE AWARDING CONSTRUCTION CONTRACT NO. 8408.CON

FOR THE OFF-SYSTEM CULVERT REPAIR PROJECT
WHEREAS, off-system road HDPE culverts sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received a $660,790 allocation of Federal Emergency Management Agency Public Assistance funds; and, WHEREAS, the purpose of the Public Assistance Program is repair or reconstruction of non-Federal aid highways and roads (“Off-System”) which have suffered serious damage as a result of natural disasters; and,
WHEREAS, eligible repairs may include, but are not limited to, damage occurring to roadway culverts; and,
WHEREAS, the Off-System Culvert Repair Project is consistent in scope with the approved Public Assistance funds; and,
WHEREAS, the Off-System Culvert Repair Project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire; and,
WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the Off-System Culvert Repair Project on the 14th day of June 2022.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:

Section 1. The Town Manager is authorized to award and execute the construction contract to Allen Gill Construction, Inc. in the amount of their base bid for the Off-System Culvert Repair Project and approve continency expenditures not exceeding 10%.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 12th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Steve Crowder, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________
Dina Volenski, CMC, Town Clerk Scott E. Huber, Town Attorney 540

Town of Paradise
Council Agenda Summary
Date: July 12, 2022
Agenda Item: 6(f)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Adoption of Ordinance No. 619 that Amends Paradise Municipal Code Chapter 8.08 [Solid Waste Collection]
and Adds a New Article 1 to Chapter 8.08

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider waiving the second reading of Town Ordinance No. 619 and read by title only; and,

2. Adopt Town Ordinance No. 619, “An Ordinance of the Town Council of the Town of Paradise Amending Text Regulations within Paradise Municipal Code Chapter 8.08 [Solid Waste] and Adding Article 1 Regarding Mandatory Municipal MSW, Recyclable Material, and Organic Waste Disposal Reduction Consistent with New State Law Requirements”; or

3. Provide alternative direction to town staff.

Background:

On June 14, 2022, the Town Council introduced the above-noted town ordinance for purposes of eventual adoption. If adopted, the intent of the proposed ordinance is to update the existing solid waste ordinance with new definitions and phrases as well as add a new section pertaining to organic waste reduction in a manner that complies with new State law(s).

In 2016, SB 1383 Short-Lived Climate Pollutants (Lara) was adopted which requires the state to reduce organic waste (food waste, green waste, paper products, etc.) disposal by 75% by 2025.

Statewide that equates to a reduction of 20 million tons a year by 2025. In addition, the law also requires the state to increase edible food recovery by 20% by 2025.

On May 16, 2022, the Town was notified that its Notice of Intent to Comply (NOIC) was approved and to continue to implement the actions and schedule outlined in the approved NOIC until contacted by CalRecycle staff to discuss next steps and the potential of being issued a Corrective Action Plan due to the proposed compliance timeline extending beyond August 30, 2022.

Analysis:

As previously discussed, one of the requirements of SB 1383 is to adopt and/or amend a solid waste ordinance that includes standards and enforcement in compliance with the Short-lived Climate Pollutants: Organic Waste Reduction requirements of Title 14 California Code of 541
Regulations (14 CCR). Enforceable ordinances were to be in place by the beginning of 2022 with compliance monitoring and education being conducted through calendar year 2023. Beginning January 1, 2024, jurisdictions must take progressive enforcement against organic waste generators that are not in compliance – unless the Town is still under a Corrective Action Plan with CalRecycle due to deficiencies in the organic waste recycling infrastructure or edible food recovery capacity.

CalRecycle provided a model ordinance for jurisdictions to work from to ensure that the adopted ordinance would meet the minimum state requirements. This included additional definitions and terminology, enforcement standards specific to organic waste, and reporting requirements.

The Town’s existing solid waste ordinance, found in Paradise Municipal Code (PMC) Chapter

8.08, is proposed to be amended to include new definitions and in general, updated with the new terminology of “MSW, recyclable materials, and organic waste” in place of the previously used term “solid waste”. It primarily addresses waste collection and disposal. To better address the organic waste requirements of SB 1383, a new “Article 1” is proposed to be added to PMC Chapter 8.08 which addresses waste disposal reduction. New definitions are added, from the state’s model ordinance, as well as Sections detailing the following:
 Organic waste collection requirements for both residential and commercial organic waste generators.
 Potential organic waste waivers for commercial generators that meet low poundage thresholds of organic waste generation as part of their overall municipal solid waste.  Requirements for Tier 1 and Tier 2 commercial edible food generators.  Collection and reporting requirements for food recovery organizations.  Standards for haulers and facility operators.
 Organic waste self-hauling requirements.
 State-mandated procurement requirements for Town Departments.  Compliance with CALGreen recycling requirements (already part of the Town’s building permit process).
 Compliance with the state’s 2015 Model Water Efficient Landscaping Ordinance (MWELO).
 Inspections by Town staff.
 Enforcement procedures and description of violations (includes compliance extensions due to lack of organic waste recycling infrastructure).

Town staff recommends that the Town Council waive the second reading of this entire ordinance; read it by title only; and formally adopt Town Ordinance No. 619 [copy attached]. Once adopted, the provisions of this ordinance will be effective thirty (30) days thereafter.

Financial Impact:

Due to the current lack of organic waste disposal infrastructure in Butte County, the ultimate financial impact to the Town for enforcement of these unfunded State mandates, or to the rate payers for the additional required services in the future, is currently unknown. A nominal cost for publication of the ordinance within the local newspaper and for codification will be borne by the Town of Paradise.

Attachment
542

TOWN OF PARADISE
ORDINANCE NO. 619

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING TEXT REGULATIONS WITHIN PARADISE MUNICIPAL CODE CHAPTER 8.08 [SOLID WASTE] AND ADDING ARTICLE 1 REGARDING MANDATORY MUNICIPAL

MSW, RECYCLABLE MATERIAL, AND ORGANIC WASTE DISPOSAL REDUCTION

CONSISTENT WITH NEW STATE LAW REQUIREMENTS
The Town Council of the Town of Paradise, State of California, does ORDAIN AS FOLLOWS:

SECTION 1. Paradise Municipal Code [PMC] Chapter 8.08 shall be amended to read as follows:

Chapter 8.08 – MUNICIPAL MSW, RECYCLABLE MATERIAL, AND ORGANIC COLLECTION

8.08.010 - Title of ordinance.

8.08.020 - Findings.

8.08.030 - Purpose.

8.08.040 - Definitions.

8.08.050 - Franchises.

8.08.060 - Collection standards.

8.08.070 - MSW, recyclable material, and organic waste reduction.

8.08.080 - Ownership of MSW, recyclable material, and organic waste—Flow control.

8.08.090 - Universal collection.

8.08.100 - Privacy.

8.08.110 - Restriction on manner of collection.

8.08.120 - Vehicle standards.

8.08.130 - Indemnification.

8.08.140 - Faithful performance.

8.08.150 - Franchise transferrable.

8.08.160 - Franchise fees.

8.08.170 - Franchisee's books and records.

8.08.180 - Compensation.

8.08.190 - Government liaison person.

8.08.200 - General provisions.

8.08.210 - Unlawful action/penalty.

8.08.010 Title of ordinance.

The ordinance codified in this chapter shall be known, and may be cited, as the "MSW, recyclable material, and organic waste collection and disposal ordinance." (Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995) 543

8.08.020 Findings.

The town council finds that the provisions of the California Integrated Waste Management Act of 1989 require the town to develop a comprehensive program to reduce, recycle or otherwise divert the town's MSW, recyclable material, and organic waste stream from landfill disposal by specific amounts on certain dates.

The town council further finds that the public health, safety, and welfare require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting, and disposal of all MSW in the town.

The town council also finds that the management of MSW, recyclable material, and organic waste within the town subject to the provisions of this chapter is in accordance with the goals and policies of the Paradise general plan.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.030 Purpose.

The purpose of this chapter is to:

A. Establish the standards and procedures for complying with the California Integrated Waste Management Act of 1989, Assembly Bills 341 and 1826, and Senate Bill 1383; B. Protect the health, safety and welfare of the general public by establishing appropriate standards governing the collection and disposal of MSW, recyclable material, and organic waste;
C. Provide for resource conservation which will provide long-term economic, energy and natural resource benefits to society;
D. Extend the life of the Neal Road Recycling and Waste Facility by diverting and recycling as much MSW, recyclable material, and organic waste as possible; E. Protect the environment by establishing proper collection and disposal programs. (Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.040 Definitions.
"Agreement" means a MSW, recyclable material, and organic waste collection and disposal franchise agreement granted in accordance with the standards established in this chapter. “Authorized Contractor” means a person, company, agency, district, or other entity authorized by the Town Council to provide service or services to collect MSW, recyclable materials, and/or organic waste from others within the Town limits in accordance with the provisions of this Chapter.
544
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
"Collection Services" means MSW, recyclable material, and organic waste collected by the Authorized Contractor pursuant to this Chapter, and Article 1. “Commercial Business,” “Business,” or “Businesses” means all hotels, motor courts, restaurants, offices or office buildings, stores, warehouses, factories, hospitals, assisted living facilities and all other premises used for functions other than dwelling houses, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Complex that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter. “Compost or Organic Waste” has the same meaning as in 14 CCR Section 17896.2(a)(4) and means those materials that are processed in a controlled biological decomposition process, which are source separated from the municipal MSW stream. Organic waste includes food scraps, food soiled paper products, yard trimmings and wood materials that do not contain hazardous waste.
“Construction and Demolition (C&D) Debris” includes waste building materials, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements.
“Container” or “Containers” means watertight metal or plastic objects with lids or covers, designed, and used to hold MSW, recyclable materials, organic waste, or cooking oil/grease prior to Collection, provided by the Town or Authorized Contractor. Containers include wheeled carts with lids, bins, open-top roll-off boxes, compactors, and oil/grease tanks. “Contamination” means placing materials in a container that is labeled and intended for storage of another type of material, and which would interfere with the processing of the intended material.
"County" means the County of Butte, a political subdivision of the State of California. "Designated disposal site" means the disposal facility or site to which franchisee elects or is required to transport MSW collected under the regulatory provisions of this chapter and the agreement for final disposal.
“Enclosure” means a walled structure for the storage of MSW, recyclable materials, and organic waste containers with one or more gates for access. "Franchise area" means the area within the town limits of the town on the effective date of the ordinance codified in this chapter, including any federal or state enclaves, and any areas annexed to the town or coming under the town's MSW management or planning authority after that date.
"Franchise majeure" means acts of God, fire, landslides, lightning, storms, floods, freezing, earthquakes, epidemics, volcanic eruptions, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockages, public riots, breakage, 545
explosions or accident to machines, pipelines or materials, governmental restraint, unavailability of a disposal site and any other event which could not with reasonable diligence be controlled or prevented by the party affected by the event. "Franchisee" means an Authorized Contractor who has been granted an exclusive franchise to collect MSW within the town pursuant to the provisions of this chapter. "Franchisor" means the town which grants an exclusive franchise to collect MSW within the town pursuant to the provisions of this chapter.
“Generate” means to bring into existence or create, or to use, maintain, or possess an item, material or product, the result of which such creation, bringing into existence, use, maintenance, or possession is that the item, material, or product first becomes, or is converted, transformed, evolved to, or deemed as MSW, recyclable material, or organic waste. “Generate” shall not mean or include any form of activity, program, service of business by which MSW, recyclable materials, or organic waste are in any manner collected or accumulated from another person, business, entity, or establishment of any kind. "Generators" means individuals, businesses, and other entities, including the town, that generate MSW, recyclable and organic materials in the franchise area and are customers of franchisee's services hereunder.
"Gross receipts" means all money, cash, fees, revenues, and gross sums received by franchisee in connection with the provision of services under an agreement, minus all sales taxes and excise taxes required by law to be collected by franchisee in connection with the provision of such services. There shall be no deduction from gross receipts for any overhead or costs or expenses of operation, such as, but without limitation to salaries, wages, costs of goods, interest, debt amortization, discount, collection charges, insurance and taxes, except as specifically provided herein; provided, that gross receipts shall not include federal, state, municipal or other taxes or fees collected from generators (regardless of whether the amount thereof is stated to the generator as a separate chart) and paid periodically by franchisee to a governmental agency, accompanied by a tax return or statement. The amount of such taxes or fees shall be shown on the books and records elsewhere herein required to be maintained. "Hazardous waste" means all MSW defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act, as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.) and all future amendments thereto, or regulations promulgated thereunder; all MSW defined or characterized as hazardous waste by the principal agencies of the state (including without limitation the Department of Health Services and the California Integrated Waste Management Board) having jurisdiction over hazardous waste generated by facilities with the state, and pursuant to any applicable state or local law or ordinance, and all future amendments thereto, or regulations promulgated thereunder, including without limitation the California Integrated Solid Waste Management Act of 1989; radioactive wastes; any sewage sludge or other residue from wastewater treatment facilities; those substances or items which require special or extraordinary handling or disposal due to their hazardous, harmful, toxic or dangerous character or quality; and those substances 546
and items which are not normally disposed of by generally accepted sanitary landfill disposal methods.
“Inspection” means an action or site visit where the Town reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of MSW, recyclable material, organic waste, or edible food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). “Multi-Family Complex” means a 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.
“Municipal MSW” or “MSW” means all fractions of discarded putrescible and nonputrescible solid, semi-solid and liquid wastes, including trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, manure, vegetable or animal solid and semi-MSWs, and other discarded substances or materials. MSW does not include:

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

B. Low-level Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

C. Untreated medical waste which is regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a MSW landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be MSW shall be regulated pursuant to Division 30 of the State Public Resources Code.

D. Recyclable materials which have been source or type-separated from other waste material. “Organic Waste” means MSWs containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). “Owner” means the legal owner of real property; and as used in this chapter the singular shall include the plural, and shall include an individual, a firm, an association, a corporation, a partnership and the lessees, trustees, agents, employees, servants and representatives of any such owner. Proof of the assessment of any real property, the subject of this chapter, to any person or legal entity on the official assessor’s rolls shall constitute prima facie evidence that such person or legal entity to whom such property is so assessed is the legal owner thereof. “Recyclable Material” means material which otherwise would become or be treated as MSW but which, by means of a process of collecting, sorting, cleansing, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the marketplace. 547
“Recyclable Materials” includes paper, books, magazines, cardboard, box board, plastic, metal, glass, and other similar materials authorized by the Town for collection by the Authorized Contractor.
"State" means the State of California.
"Town" means the Town of Paradise, a municipal corporation, and all the territory lying within the municipal boundaries of the Town as presently existing or as such boundaries may be modified during the term.
“Town Enforcement Officer” means the Town Manager, or their authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance. See also “Regional or County Agency Enforcement Officer”.
“Yard Waste” means tree trimmings, grass cuttings, leaves, branches, and similar organic materials, including vineyard clippings, sawdust, wooden chopsticks, and other clean wood items under 36 inches.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2 (part), 1995)

8.08.050 Franchises.

A. The maximum number of franchises to be awarded by the town council shall be one franchise for the collection, transportation, recycling, composting and disposal and waste diversion of MSW within the town boundaries. The granting of the franchise shall be through an agreement between the town as the franchisor and the Authorized Contractor as a franchisee.

B. A franchise shall be granted only to persons who possess all permits and licenses necessary to provide MSW, recyclable, and organic material collection services in Butte County and the town. A franchise may be revoked upon the conviction of a franchisee for a violation of any crime involving moral turpitude or any federal, state, county or local statute relating to the collection, transportation, and disposal of MSW, recyclable material, and organic waste.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 309, § 1, 1998; Ord. 265, § 1, 1995: Ord. 257, § 2(part), 1995)

8.08.060 Collection standards.

All collection, transportation, recycling, composting, and disposal of MSW, recyclable material, and organic waste by the franchisee shall be conducted in accordance with the most recent town adopted Paradise General Plan for the town, including but not limited to, the town source reduction and recycling element (SRRE), the town household hazardous waste element (HHWE) and the Butte County/Town Hazardous Waste Management Plan. The detailed performance standards and conditions regulating the franchise shall be incorporated in the agreement between the town and the franchisee.
548
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.070 MSW, recyclable material, and organic waste reduction.

In order to assist the town in meeting the required reduction of the amount of MSW, recyclable material, and organic waste entering landfills pursuant to the provisions of Section 42901 of the California Public Resources Code in an efficient and cost-effective manner, the franchisee shall undertake and provide such collection, recycling, handling, marketing and/or processing programs or methods as the franchisee reasonably deems most efficient and/or cost-effective, including the use of a materials recovery facility (MRF) and/or curbside recycling, and provided such program or method is capable of achieving at least the fifty percent diversion requirement of Section 42901.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 314, § 1, 1998; Ord. 273, § 1, 1996: Ord. 265, § 2, 1995; Ord. 257, § 2(part), 1995)

8.08.080 Ownership of MSW—Flow control.

Ownership and the right to possession of MSW, recyclables material and organic waste, placed in containers, bins or roll-offs, or placed at curbside, shall transfer directly from the customer to the franchisee, by operation of law. Franchisee's arrangements with its customers will provide that, subject to the right of the customer to claim lost property, title and the right to possession, and liability for MSW, recyclable material, and organic waste, whether or not recyclable, which is set out for collection on the regularly scheduled collection day shall pass to franchisee at the time it is set out. Subject to the provisions of this chapter and the franchise agreement, franchisee shall have the right to retain any benefit profit resulting from its right to retain, recycle, compost, dispose of, or use the MSW, recyclables material, organic waste, and construction debris which it collects. MSW, recyclables material, organic waste, and construction debris, or any part thereof which is disposed of at a disposal site or sites (whether landfill, transformation facility, compost facility or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by franchisee.

However, franchisor, at its sole option, shall retain the right to require franchisee which transformation facility, compost facility, material recovery facility or landfill shall be used by franchisee to retain, recycle, compost, process and dispose of MSW, recyclable material, organic waste and construction debris generated within the franchise area to assure conformance with the California Integrated Waste Management Action of 1989, AB 341 and 1826, and SB 1383. Nothing herein shall be construed as prohibiting a generator from recycling his, her or its own recyclable material through another program. (Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995) 549

8.08.090 Universal collection.

A. The property owner of any residential, commercial, industrial, quasi-public or other land use in the town shall be responsible for contracting with the franchisee authorized by this chapter for the satisfactory collection and removal of all MSW, recyclable material, and organic waste accumulated on the property. MSW, recyclable material, and organic waste shall not be allowed to accumulate more than seven consecutive days on a property in order to prevent the creation of a nuisance, a fire hazard, or the propagation or attraction of flies, insects, rodents, or other vectors.

B. To enable the town to determine if all households are participating in the universal collection program, the franchisee shall provide a list of their customers to the town on a quarterly or semi-annual basis until the town reduces the frequency of list submittal based on most households participating.
(Ord. No. 502, § 1, 7-13-2010; Ord. No. 471, § 1, 11-13-2007; Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 265, § 3, 1995; Ord. 257, § 2 (part), 1995; Ord. 383, § 1, 2002) Editor's note(s)—Ord. No. 502, § 2, adopted July 13, 2010, provides that this ordinance shall take effect 30 days after the date of its passage.

8.08.100 Privacy.

Franchisee shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers, or the composition or contents of a customer's waste stream shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute or upon valid authorization of the customer.

This provision shall not be construed to preclude franchisee from preparing, participating in or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act. Franchisee shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of customers. The rights accorded customers pursuant to this section shall be in addition to any other privacy right accorded customers pursuant to federal or state law.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.110 Restriction on manner of collection.

In order to comply with the provisions of the Act and to accurately account for and to report for the amount of MSW, recyclable material, and organic waste collected within the town and disposed according to this chapter, each load of MSW, recyclable material, and organic waste collected by franchisee shall not be commingled with any other MSW, recyclable material, and organic waste collected by the franchisee from any other person or place located outside the town limits.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995) 550
Created: 2022-05-20 13:57:13 [EST]
(Supp. No. 7-22, Update 1)

8.08.120 Vehicle standards.

A. Each vehicle used by franchisee shall at all times comply with all applicable provisions of the California Vehicle Code, and shall be inspected, at least once a year, using the "critical item inspection" criteria as approved by the California Highway Patrol. The results of said inspections shall be made available to the town manager upon request.

B. Each vehicle used for the collection and transportation or transport of MSW, recyclable material, and organic waste shall be maintained in a clean and sanitary condition both inside and out and shall be washed at least once every seven calendar days. (Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.130 Indemnification.

Franchisee shall indemnify the town in accordance with the provisions of the franchise agreement.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 265, § 4, 1995: Ord. 257, § 2(part), 1995)

8.08.140 Faithful performance.

Concurrent with the granting of the franchise pursuant to this chapter, the franchisee shall deposit with the town a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable cash deposit payable to the town, in the amount of one hundred thousand dollars, in a form approved by the town attorney, guaranteeing franchisee's faithful performance of the terms of its franchise agreement and shall promptly pay all just claims for any labor skill rendered or equipment or material used in the performance of this chapter. Such cash deposit or letter of credit shall be maintained in effect throughout the duration of the franchise agreement.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.150 Franchise transferrable.

A. The franchise granted pursuant to this chapter shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable or any right, interest, or property therein pass to or vest in any person, except the franchisee, either by act of the franchisee or by operation of law without the prior written consent of the town council expressed by a duly adopted resolution. Any attempt to assign this franchise without the consent of the town council shall be void.

B. The town may impose conditions of approval on the transfer of an agreement, including but not limited to, conditions requiring acceptance of the provisions of the Paradise 551
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Municipal Code, including this chapter, and the agreement. The town shall not be unreasonable in withholding its consent of the transfer.

C. Town consent is required for any change in the control of the franchisee. "Change in control" means any sale, transfer, or acquisition of the franchisee.

D. Any change in control of the franchisee occurring without prior town approval shall constitute a material breach of the agreement.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.160 Franchise fees.

Beginning with the first full month following the effective date of the ordinance codified in this chapter, the franchisee shall pay to franchisor on a quarterly basis, seven percent (7%) of all gross receipts collected by the franchisee as a franchise fee. Other than the fee established for the 2006-2007 fiscal year, this franchise fee shall be computed annually beginning on July 1st of each subsequent fiscal year with payments to the town being made no later than the twentieth (20th) day after any calendar quarter.
(Ord. No. 477, § 1, 2-12-2008; Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.170 Franchisee's books and records.

A. The franchisee shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, customer complaints, accounts payable records, financial audits, maps and the Act compliance records, for a period of not less than three years, or any longer period required by law. The town shall have the right, upon five days advance written notice, to inspect all records which reasonably relate to the franchisee's compliance with the provisions of this chapter and the agreement. Such records shall be made available to the town at the franchisee's regular place of business, but in no event outside the County of Butte.

B. Should any examination or audit of franchisee's records reveal an underpayment of any fee required pursuant to this chapter or the franchise agreement, the amount of such underpayment shall become due and payable to town not later than fifteen days after written notice of such underpayment is sent to franchisee by the town. Should an underpayment of more than three percent be discovered, the franchisee shall bear the entire cost of an audit of franchise fees.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995) 552
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8.08.180 Compensation.

A. Franchisee Rate. On or before May 1, 2007, the franchisee shall provide the services described in this chapter and the franchise agreement in accordance with Exhibit "F" of the franchise agreement.

B. Modifications and Adjustments. The rates set forth in Exhibit "F" shall remain in effect until adjusted by the town based on Exhibit "E" of the franchise agreement.

C. All other terms and conditions of rates shall be as set forth in the franchise agreement.

D. All billing for services provided shall be made by the franchisee; and all charges shall become delinquent sixty days after billing date.

E. If the bill remains unpaid after the date of delinquency, the franchisee shall be entitled to a delinquency fee; and may discontinue service to the property after a thirty-day written notice. However, said delinquency fee shall not be assessed until fifteen days after notification of the delinquency to the property owner and recipient of service. The form and content of the delinquency notice sent by the franchisee shall be approved by the town manager. Franchisee shall simultaneously file with the town manager a formal written notice stating the assessor's parcel number of the parcel to which service was rendered, that such delinquency notice has been sent to such recipient and property owner and the date and address to which notice was sent. Delinquency fees shall be set by the franchise agreement.

F. Should the bill remain unpaid at the expiration of the sixty (60) days, the franchisee may assign said bill to the town for lien proceedings.

G. Upon the town's receipt of the assignment from the franchisee and at the convenience of the town (i.e., once per year during the month of May); the town manager shall initiate proceedings complying with Government Code sections 38790.1 and 25831 to create a lien on the real property to which the waste collection has been rendered.

H. The lien shall be officially recorded in the Butte County recorder's office. The lien may carry such additional administrative charges as set forth by the resolution of the town council. The owner shall be notified by the town finance department that the delinquency charges and administrative charges are due the town and that said lien has been recorded. (Ord. No. 471, §§ 2, 3, 11-13-2007; Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. No. 446, §§ 1, 2, 2-28- 06; Ord. 265, § 5, 1995; Ord. 257, § 2(part), 1995)

8.08.190 Government liaison person.

The franchisee shall designate a "government liaison person" who shall be responsible for working with the town manager or the town manager's designee to resolve consumer complaints.
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(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.200 General provisions.

A. Independent Contractor. The franchisee is an independent contractor and not an officer, agent, servant, or employee of the town. The franchisee is solely responsible for the acts and omissions of their officers, agents, employees, contractors, and subcontractors, if any.

Nothing in this chapter or in the agreement shall be construed as creating a partnership or joint venture between town and franchisee. Neither franchisee nor its officers, employees, agents, or subcontractors shall obtain any rights to retirement or other benefits which accrue to town employees.

B. Pavement Damage. Franchisee shall be responsible for any extraordinary damage to town's driving surfaces resulting from negligence in providing MSW, recyclable material, and organic waste collection and transportation services.

C. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees, contractors, or subcontractors of the franchisee to private or public property shall be repaired or replaced.

D. Right of Entry. The franchisee shall have the right, until receipt of written notice revoking permission to pass is delivered to franchisee, to enter or drive upon any private street, court, place, easement, or other private property for the purpose of providing for the collection, transportation, recycling, composting, and disposal of MSW, recyclable material, organic waste, and construction debris pursuant to this chapter and the franchise agreement.

E. Prior Agreements and Amendments. This chapter and the franchise agreement are intended to carry out town's obligations to comply with the provisions of the California Integrated Waste Management Act, AB 341 and 1826, and SB 1383 as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended. In the event that the Act or other state or federal laws or regulations are enacted after this chapter has been enacted and the franchise agreement entered into, prevent or preclude compliance with one or more provisions of this chapter and the franchise agreements, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. No other amendment of the franchise agreements shall be valid unless in writing duly executed by the parties.

F. Service Requirements. Franchisee shall furnish all necessary personnel, labor, equipment, materials, billing, transportation, and related facilities required to perform its services under this chapter and the franchise agreement.

G. Laws and Licenses. The franchisee shall comply with all federal, state, county and town laws and ordinances, rules and regulations applicable to the performance of services 554
hereunder, and shall obtain all licenses and permits necessary to perform the services hereunder and maintain the same in full force and effect.

H. Nondiscrimination. In performing the services hereunder, each franchisee shall not discriminate against any person on the ground of race, sex, age, creed, color, religion or national origin.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257 § 2(part), 1995)

8.08.210 Unlawful action/penalty.

A. It is unlawful for any person or generator in the town to do any of the following:

1. Dispose of or dump MSW, recyclable material, or organic waste on public or private rights-of-way;

2. Dispose of toxic or hazardous materials in a manner that creates a public health, safety or environmental hazard;

3. Dispose of dead animals as part of normal collection of MSW, recyclable material, or organic waste;

4. Utilize MSW, recyclable, and organic containers belonging to other individuals without prior written permission;

5. Fail to contract with the town's authorized MSW, recyclable material, and organic waste collection franchisee to collect MSW, recyclable material, and organic materials from the generator unless granted an exemption from such required contracted service by action of the Town of Paradise.

6. Violate any provisions of the Paradise General Plan's "household hazardous waste element";

7. Violate any provision of the Paradise General Plan's "source reduction and recycling element";

8. Pick up recyclable or organic material placed in a town-owned container or curbside by other property owners or tenants for collection by the town's authorized franchised MSW, recyclable material, and organic waste collector;

9. Place and leave a MSW, recyclable material, or organic waste materials container within the front yard or at curbside or roadway collection point more than twentyfour (24) hours before the day of collection pickup or beyond twenty-four (24) hours after the day of collection pickup.

10. For anyone other than a person authorized by the property owner to remove or otherwise interfere with recyclable materials which have been placed in a waste disposal container.

B. Any person or generator violating any of the provisions of this chapter shall be guilty of an infraction with fines pursuant to Government Code Section 36900. Any additional violation 555
of this chapter within one (1) year of the first violation may be prosecuted by the town attorney as a misdemeanor with a fine not exceeding one thousand dollars ($1,000.00) and/or six (6) months in the county jail; and provided, however, the town attorney shall have the discretion to reduce the misdemeanor to an infraction. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.
(Ord. No. 549, § 1, 10-14-2014; Ord. No. 477, § 2, 2-12-2008; Ord. No. 471, § 4, 11-13-2007; Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 383, § 2, 2002; Ord. 257, § 2(part), 1995) SECTION 2. A new Article 1 is hereby added to Paradise Municipal Code [PMC] Chapter 8.08 to read as follows:

Article 1 - MANDATORY MSW, RECYCLABLE MATERIAL AND ORGANIC WASTE DISPOSAL

REDUCTION

8.08.220: Definitions

8.08.230: Requirements for Single-Family Generators

8.08.240: Requirements for Commercial Businesses

8.08.250: Waivers for Generators

8.08.260: Requirements for Commercial Edible Food Generators

8.08.270: Requirements for Food Recovery Organizations and Services

8.08.280: Requirements for Haulers and Facility Operators

8.08.290: Self-Hauler Requirements

8.08.300: Procurement Requirements for Town Departments, Direct Service Providers, and Vendors

8.08.310: Compliance with CALGreen Recycling Requirements

8.08.320: Model Water Efficient Landscaping Ordinance Requirements

8.08.330: Inspections and Investigation by Town

8.08.340: Enforcement

8.08.350: Effective Date
Section 8.08.220: Definitions
For the purposes of this Article, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined elsewhere in the municipal code shall have the same meanings herein unless expressly defined in this Article. When consistent with the context, words used in the present tense include the future tense, and words in the singular number 556
include the plural number.

A. “Authorized Contractor” or “Contractor” is defined at Section 8.08.040.

B. “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials (nonorganic recyclable material = glass, metal, and plastic) or Source Separated Blue Container Organic Waste (organic recyclable material such as clean paper and cardboard).

C. “CalRecycle” means California's Department of Resources Recycling and Recovery, and any successor agencies, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Cities (and others).

D. “California Code of Regulations” or “CCR” is defined at Section 8.08.040.

E. “Commercial Business” or “Commercial” is defined at Section 8.08.040.

F. “Commercial Edible Food Generator” includes a Tier One, or a Tier Two Commercial Edible Food Generator as defined in Sections 8.08.260(TTT) and 8.08.270(UUU) of this Article or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

G. “Compliance Review” means a review of records by the Town to determine compliance with this Section.

H. “Community Organic Waste” means any activity that creates Organic Waste green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Organic Waste on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

I. "Compost” is defined at Section 8.08.040.

J. “Compostable Plastic” or “Compostable Plastics” means plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
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K. “Container" or "Containers” is defined at Section 8.08.040.

L. “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

M. “Construction and Demolition Debris” or “C&D” is defined at Section 8.08.040.

N. “Designee” means an entity that the Town contracts with or otherwise arranges to carry out any of the Town's responsibilities of this Section as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

O. "Direct Service Provider" means a person, company, agency, district, or other entity that provides a service or services to the Town pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

P. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not MSW if it is recovered and not discarded.

Nothing in this ordinance or in 14 CCR, Division 7, Article 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

Q. “Enforcement Action” means an action of the Town to address non-compliance with this Article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

R. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Town and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the Town's, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Town, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family MSW after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and 558
paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the Town's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Town or its Designee for collection services.

S. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

T. “Food Facility” means a commercial & business establishment that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.

U. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

V. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Article 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.

W. “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 559
entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Article 12 pursuant to 14 CCR Section 18982(a)(7).

X. “Food Scraps” means all surplus, spoiled or unsold food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, eggshells and solid fats, oils & grease.

Y. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

Z. "Food-Soiled Paper" is organic wastepaper material that has come in contact with food or liquid, such as, but not limited to, organic wastepaper plates, paper coffee cups, napkins, pizza boxes, coffee filters, tea bags, wax paper, butcher paper and waxed cardboard, paper take out boxes, paper egg cartons, and milk cartons.

AA. “Food Waste” means Food Scraps.

BB. “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

CC. “Gray Container Waste” means MSW that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

DD. “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

EE. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
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FF. “Hauler Route” means the designated daily, weekly, etc. itinerary or sequence of stops for each segment of the Town’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

GG. “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

HH. “Inspection” is defined at Section 8.08.040.

II. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.

JJ. "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Article and implementation of 14 CCR, Division 7, Article 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Article and implementation of 14 CCR, Division 7, Article 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition in 13 CCR Section 18982(a)39 shall apply to this Section.

KK. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of Town or county regulations related to MSW, or as otherwise defined in 14 CCR Section 18982(a)(40).

LL. “Multi-Family Complex” is defined at Section 8.08.040. 561
MM. “Municipal MSW” or “MSW” is defined at Section 8.08.040.

NN. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Article 2.7.

OO. “Non-Organic Waste Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the Organic Waste process, or as otherwise defined in 14 CCR Section 18982(a)(41).

PP. “Non-Local Entity” means the following entities that are not subject to the Town’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

1. State agencies located within the boundaries of the Town, including all public-school locations.

QQ. “Non-Organic Recyclable Material” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

RR. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

SS. “Organic Waste” means MSW containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

TT. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

UU. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

VV. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

WW. “Prohibited Container Contaminants” means the following:
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1. Discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Town Blue Container.

2. Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Town 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 Town Green Container and/or Blue Container; and

4. Excluded Waste placed in any container.

XX. “Recovered Organic Waste Products” means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

YY. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

ZZ. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

AAA. “Recyclable Materials” is defined at Section 8.08.040.

BBB. “Regional Agency” means regional agency as defined in Public Resources Code Section 40181.

CCC. “Regional or County Agency Enforcement Officer” means a regional or county agency enforcement officer, designated by the Town with responsibility for enforcing this ordinance in conjunction or consultation with the Town Enforcement Officer or Town Designee.

DDD. “Renewable Gas” means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
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EEE. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

FFF. “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

GGG. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Article 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

HHH. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Article 12 and amended portions of regulations of 14 CCR and 27 CCR.

III. “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Article 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1 (f)(4):

1. Produced at one of the following facilities:
i. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
ii. A MSW landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5) (A)1 through 3, as enforced by Section 6-3-708(a) JJJ. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Material Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Article 12 and amended portions of regulations of 14 CCR and 27 CCR
KKK. “Self-Hauler” means a person, who hauls Recyclable Material or Organic Waste material he or she has generated to a transfer, processing, recovery, or disposal facility other than the 564
Direct Service Provider, whose primary business is not waste hauling. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Backhaul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

LLL. "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) dwelling units.

MMM. “Soiled Paper Products” means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags and cardboard and wax-coated cardboard produce boxes. “Soiled Paper Products” does not include polystyrene, plastic-backed paper, blue-line paper or blueprints, diapers, kitty litter, any paper containing plastics, aluminum foil or foillined food wrap.

NNN. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the MSW stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other MSW for the purposes of collection and processing.

OOO. “Source Separated Blue Container Organic Waste” means Source Separated Organic Waste (e.g. non-soiled paper products) that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclable material as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

PPP. “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 Material by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Organic Wastepaper, and textiles.

QQQ. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclable material and Source Separated Blue Container Organic Waste. “Recyclable Materials” includes paper, books, magazines, cardboard, boxes, plastic, metal, glass, food waste and other similar materials authorized by the Town for collection by the Authorized Contractor.

RRR. “State” means the State of California.
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SSS. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

TTT. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

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

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.

6. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.

UUU. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

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

2. Hotel with an on-site Food Facility and 200 or more rooms.

3. Health facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility.

8. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.

VVV. “Town” is defined at Section 8.08.040.
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WWW."Town Enforcement Officer" is defined at Section 8.08.040.

XXX. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

YYY. “Un-containerized Yard Trimming Collection Service” or “Un-containerized Service” means a collection service that collects Yard Waste that are placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

ZZZ. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

AAAA. “Yard Waste” means tree trimmings, grass cuttings, leaves, branches, and similar Organic Wastes, including vineyard clippings, sawdust, wooden chopsticks, crates and other clean wood items under 36 inches.

Section 8.08.230: Requirements for Single-Family Generators Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 8.08.290 of this Article:

A. Shall subscribe to the Town’s MSW, Recycling and Organic Waste collection services for all MSW, recycling, and organic waste generated as described below in subsection (B). Single-Family MSW, Recycling, and Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 8.08.290 of this Article.

B. Shall participate in the Town's MSW, Recycling, and Organic Waste collection service(s) by placing designated materials in designated containers as described below and shall not place Prohibited Container Contaminants in collection containers.

1. Generator shall place Source Separated Green Container Organic Waste material, including Food Scraps and Yard Waste, in the Green Container; Source Separated Recyclable Materials in the 567
Blue Container; and Gray Container MSW in the Gray Container.

Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

Section 8.08.240: Requirements of Commercial Businesses Generators that are Commercial Businesses, including Multi-Family Complexes, shall:

A. Subscribe to Town's three-container collection services and comply with requirements of those services as described below in Section 8.08.240(B), except Commercial Businesses that meet the Self-Hauler requirements in Section

8.08.290 of this Article. Town shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the Town.

B. Except Commercial Businesses that meet the Self-Hauler requirements in Section

8.08.290 of this Article, participate in the Town's MSW, Recycling and Organic Waste collection service(s) by placing designated materials in designated containers as described below.

1. Generator shall place Source Separated Green Container Organic Waste material including Food Scraps and Yard Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container MSW in the Gray Container.

Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections 8.08.240 (D)(1) and 8.08.240 (D)(2) below) for employees, contractors, tenants, and customers, consistent with Town's Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.08.290.

D. Excluding Multi-Family Complexes, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business 568
does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

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

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.

E. Multi-Family Complexes are not required to comply with container placement requirements or labeling requirements in Section 8.08.240(D) pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, inspection, and/or other measures, excluding Multi-Family Complexes, prohibit employees from placing materials in a container not designated for those materials per the Town's Blue Container, Green Container, and Gray Container collection service or, if selfhauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.08.290.

G. Excluding Multi-Family Complexes, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). 569
H. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Wastes and Source Separated Blue Cart Recyclable Materials.

I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Blue Container Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

J. Provide or arrange access for Town, its agent or designee to their properties during all Inspections conducted in accordance with Section 8.08.330 of this Article to confirm compliance with the requirements of this Article.

K. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 8.08.290.

L. Nothing in this Section prohibits a generator from preventing or reducing MSW generation, managing Organic Wastes on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section

08.08.260.

Section 8.08.250: Waivers for Generators
A. De Minimis Waivers: The Town may waive a Commercial Business' obligation (including Multi-Family Complexes) to comply with some or all of the Organic Waste requirements of this Article if the Commercial Business can demonstrate and certify to the satisfaction of the Town Compliance Officer or his or her designee that such Organic Waste collection service is not needed because the owner or occupant satisfies any of the following criteria:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in 570
Section 8.08.250(A)(2) below.

2. Provide documentation that either:
a. The Commercial Business' total MSW collection service is two cubic yards or more per week and Organic Waste
subject to collection in a Blue Container or Green
Container comprises less than 20 gallons per week per
applicable container of the business' total waste; or,
b. Commercial Business' total MSW collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container
comprises less than 10 gallons per week per applicable
container of the business' total waste.

3. Notify the Town if circumstances change such that Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every 5 years if the Town has approved de minimis waiver.

Section 8.08.260: Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
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2. Contract with, or enter into a written agreement with, Food Recovery Organizations or Food Recovery Services for:
a. the collection of Edible Food for Food Recovery; or
b. acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery
Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow Town's Town Compliance Officer or designee to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section
18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the
Food Recovery Service or Food Recovery
Organization.
ii. The types of food that will be collected by or selfhauled to the Food Recovery Service or Food Recovery Organization.
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iii. The established frequency that food will be
collected or self-hauled.
iv. The quantity of food, measured in pounds
recovered per month, collected or self-hauled to a
Food Recovery Service or Food Recovery
Organization for Food Recovery.

6. No later than March 31st of each year, commencing no later than February 1, 2023, for Tier One Commercial Edible Food
Generators and February 1, 2025, for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Town that includes the following information:
a. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
b. The quantity of food, measured in annual pounds
recovered, collected or self-hauled to a Food Recovery
Service or Food Recovery Organization for Food Recovery. c. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

D. Nothing in this Article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article13 [commencing with Section 49580] to Article 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

Section 8.08.270: Requirements for Food Recovery Organization and Services A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1 ):
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1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. No later than March 31st of each year, commencing March 31, 2023, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Town and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Town the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).

D. Food Recovery Capacity Planning
In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the Town or its designee, Food Recovery Services and Food Recovery Organizations operating in the Town shall provide information and 574
consultation to the Town, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Town and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the Town.

Section 8.08.280: Requirements for Haulers and Facility Operators A. Requirements for Haulers

1. Exclusive franchised hauler providing residential, commercial, or industrial MSW, Recycling and Organic Waste collection services to generators within the Town's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Town to collect MSW, Recycling, and Organic Waste:
a. Through written notice to the Town annually on or before April 1st identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.
b. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Article 12, Article2.
c. Obtain approval from the Town to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, this Section, and Town's C&D ordinance.

2. Exclusive franchised hauler authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the Town.

B. Requirements of Facility Operators and Community Composting Operations 575

1. Owners of facilities, operations, and activities that recover MSW, Recycling and Organic Waste, including, but not limited to, Landfills, Material Recovery Facilities, Transfer Stations, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon Town 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 Town shall respond within 60 days.

2. Community Composting operators, upon Town request, shall provide information to the Town 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 Town shall respond within 60 days.

Section 8.08.290: Self Hauler Requirements
A. Self-Haulers shall source separate all recyclable materials and organic waste (materials that Town otherwise requires generators to separate for collection in the Town's recycling materials and Organic Waste collection program) generated on-site from MSW in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a MSW facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers that are Commercial Businesses (including Multi-Family Complexes) shall keep a record of the amount of Organic Waste delivered to each MSW facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Town. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.
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3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

D. Self-Haulers that are Commercial Businesses (including Multi-Family Self Haulers) shall provide information collected in Section 8.08.290(C) to Town, if requested.

E. A residential Organic Waste Generator that self-hauls Organic Waste, as described in Section 8.08.290 is not required to record or report information in Section

8.08.290(C) and (D).

Section 8.08.300: Procurement Requirements for Town Departments, Authorized Contractors, and Vendors
A. Direct Service Providers of landscaping maintenance, renovation, and construction shall:

1. Use Organic Waste and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, for all landscaping renovations, construction, or maintenance performed for the Town, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5) (A)(1) through (3).

2. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to Town, upon completion of projects. Information to be provided shall include:
a. General description of how and where the product was used and if applicable, applied.
b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured.
c. Type of product.
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d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement.

B. All vendors providing Paper Products and Printing, and Writing Paper shall:

1. If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than 10% of the total cost for non-recycled items.

2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the Town. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the Town is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

5. Provide records to the Town's Recovered Organic Waste Product procurement recordkeeping staff, in accordance with the Town's Recycled-Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the Town. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 7(b)(3) and 7(b)(4) of this Article for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled 578
content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.

Section 8.08.310: Compliance with CALGreen Recycling Requirements A. Persons applying for a permit from the Town for new construction, building additions, and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the requirements of this Section, the CALGreen requirements shall apply.

B. Project applicants shall refer to Town's Building Division for complete CALGreen requirements.

C. For projects covered by CALGreen, the applicants must, as a condition of the Town's permit approval, comply with the following:

1. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container collection program offered by the Town, or comply with provision of adequate space for recycling for Multi-Family Complexes and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the Town, or shall comply with provision of adequate space for recycling for Multi-Family Complexes and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and

5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the 579
CALGreen requirements for adequate recycling space effective January 1, 2020.

3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with Town's C&D ordinance, Article 15.01 of Town's municipal code, and all written and published Town policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

Section 8.08.320: Model Water Efficient Landscaping Ordinance (MWELO) Requirements A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Town, who are constructing a new Single-Family, Multi-Family, public, institutional, or Commercial project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with 23 CCR, Division 2, Article 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Organic Waste and mulch as delineated in this Section.

B. The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this Section.

C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in 8.08.320(A) above shall:

1. Comply with Sections 492.6 (a)(3)(B)(C)(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. For landscape installations, a minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding 580
applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2. The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this Section shall consult the full MWELO for all requirements in 23 CCR, Division 2, Article 2.7.

D. If, after the adoption of this Article, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Article 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires the Town to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Article 2. 7 shall be enforced.

Section 8.08.330: Inspections and Investigations by Town A. Town Enforcement Officer and/or its designated entity, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Section by Organic Waste Generators, Commercial Businesses (including Multi-Family Complexes), property owners, Commercial Edible Food Generators, Authorized Contractors, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Town to enter the interior of a private residential property for Inspection.

B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Town's employee or its designated entity/Designee during such Inspections and 581
investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Article described herein. Failure to provide or arrange for:

1. access to an entity's premises; or

2. access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.

C. Any records obtained by a Town 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. Town 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 ordinance, subject to applicable laws.

E. Town shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

Section 8.08.340: 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 Town Compliance Officer or Designee. Enforcement Actions under this Article are issuance of an administrative citation and assessment of a fine. The Town's procedures on imposition of administrative fines set forth in Chapter 1.09 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article and any rule or regulation adopted pursuant to this Article, except as otherwise indicated in this Article.

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

1. Enforcement pursuant to this Article may be undertaken by the Town Compliance Officer, which may be the Town manager or their designated entity, legal counsel, or combination thereof.

2. Enforcement may also be undertaken by a Regional or County Agency Enforcement Officer, designated by the Town, in consultation with Town Compliance Officer.
a. Town Compliance Officer(s) and Regional or County Agency Enforcement Officer will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
b. Town Compliance Officer(s) and Regional or County Agency Enforcement Officer may issue Notices of Violation(s).

D. Process of Enforcement

1. Town Compliance Officers or Regional or County Enforcement Officers and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 8.08.340 establishes Town's right to conduct Inspections and investigations.

2. Town may issue an Officer notification to notify regulated entities of its obligations under the ordinance.

3. Town shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Town shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Town's Administrative Citation ordinance in Chapter 1.09.
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Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the Town or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.

E. Penalty Amounts for Types of Violations
The penalty levels are as follows:

1. A fine not exceeding $100.00 for a first violation.

2. A fine not exceeding $200.00 for a second violation of the same code section within 12 months.

3. A fine not exceeding $500.00 for each day of each additional violation of the same code section within 12 months.

F. Compliance Deadline Extension Considerations
The Town may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 8.08.340 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. 584
G. Appeals Process
Consistent with Chapter 1.09, persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation.

A hearing will be held only if it is requested within the time prescribed and consistent with Town's procedures in the Town's codes for appeals of administrative citations. Evidence may be presented at the hearing. The Town will appoint a hearing officer who shall conduct the hearing and issue a final written order.

H. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, Town or its Designee will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the Town determines that the Organic Waste Generator, Self-Hauler, Authorized Contractor, 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 and a notice that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Town determines that an Organic Waste Generator, Self-Hauler, Hauler, Authorized Contractor, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Article, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 8.08.340, as needed.

J. Enforcement Table
Table 1. List of Violations
Requirement Description of Violation
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Commercial Business fails to provide or arrange for
Organic Waste collection services consistent with Town
requirements and as outlined in this ordinance, for
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Sections 8.08.240 employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and
container color.

Organic Waste Generator
Requirement
Section 8.08.230, and 8.08.240
Organic Waste Generator fails to comply with
requirements adopted pursuant to this ordinance for the collection and Recovery of Organic Waste.

Hauler Requirement
Section, Section 8.08.280
A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this ordinance.

Hauler Requirement
Section 8.08.280
A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to obtain applicable approval issued by the Town to haul Organic Waste as
prescribed by this ordinance.

Hauler Requirement
Section 8.08.280
A hauler fails to keep a record of the applicable
documentation of its approval by the Town, as prescribed by this ordinance.

Self-Hauler Requirement
Section 8.08.290
A generator who is a Self-Hauler fails to comply with the requirements of 14 CCR Section 18988.3(b).

Commercial Edible Food
Generator Requirement
Section 8.08.260
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2022.

Commercial Edible Food
Generator Requirement
Section 8.08.260
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2024.

Commercial Edible Food
Generator Requirement
Section 8.08.260
Tier One or Tier Two Commercial Edible Food Generator
intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food
Recovery Service.

Organic Waste Generator,
Commercial Business Owner,
Commercial Edible Food
Generator, Food Recovery
Organization or Food Recovery
Service
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
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Sections 8.08.230, 8.08.240,

8.08.260, 8.08.270
Recordkeeping Requirements
for Commercial Edible Food
Generator
Section 8.08.260
Tier One or Tier Two Commercial Edible Food Generator
fails to keep records, as prescribed by Section 8.08.260 Recordkeeping Requirements
for Food Recovery Services and
Food Recovery Organizations
Section 8.08.260
A Food Recovery Organization or Food Recovery Service
that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section
18991.3(b) fails to keep records, as prescribed by Section

8.08.270
Section 8.08.350: Effective Date
This Article shall be effective commencing on January 1, 2022.

SECTION 3: CEQA The Town Council finds that the enactment of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061 (b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced MSW regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of MSW, represent actions by a regulatory agency (the Town) for the protection of the environment.

SECTION 4. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.

PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this day of , 2022 by the following vote:

AYES:

NOES:

ABSENT:
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ABSTAIN:
__________________________________
Steve Crowder, Mayor
ATTEST:
___________________________________
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
________________________________
Scott E. Huber, Town Attorney
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