Minutes — Ripon City Council, March 14, 2023 (part 2 of 2)

• MID easements for protection of overhead and underground electrical facilities are required. MID overhead secondary cable shall be protected by a minimum 20’ wide easement centered on the overhead cable. Overhead primary cable shall be protected by a minimum 30’ wide easement centered on the overhead cable. MID underground secondary cable shall be protected by a minimum 5 foot. wide easement centered on the underground cable. MID underground primary cable shall be protected by a minimum 10 foot. wide easement centered on the underground cable. When underground cable is not located in the Road Right of Way or within the PUE along the street frontage a MID easement is required to protect the existing underground electrical facilities and maintain necessary safety clearances.
• The District's Electric Engineering Department is concerned about construction dirt/dust falling on MID electric facilities at the MID Stockton Substation during the construction phase of this project. The MID high voltage electric facilities require protection from dirt/dust. Do not dig new utility trenches, grade, level or dig building foundations without effective construction dust control measures in place. Windblown dirt/dust on electric facilities at the MID Stockton Substation may cause a power outage. • Please contact Modesto Irrigation District at (209) 526-7337 or (888) 335-1643 and ask for the Electrical Engineering Design Group if additional information is required.

The Modesto Irrigation District reserves its future rights to utilize its property, including its canal and electrical easements and rights-of-way, in a manner it deems necessary for the installation and maintenance of electric, irrigation, agricultural and urban drainage, domestic water and telecommunication facilities.

These needs, which have not yet been determined, may consist of poles, crossarms, wires, cables, braces, insulators, transformers, service lines, open channels, pipelines, control structures and any necessary appurtenances, as may, in District’s opinion, be necessary or desirable.

If you have any questions, please contact me at (209) 526-7447.

Sincerely,
Lien Campbell
Risk & Property Analyst
Copy: File Lien Campbell
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Packet Pg. 206 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) APP. BY:

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W.O. NO: 502 E FOURTH ST RIPON PROJECT:
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Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) S J C O G, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438 San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)

SJMSCP RESPONSE TO LOCAL JURISDICTION (RTLJ)
ADVISORY AGENCY NOTICE TO SJCOG, Inc.

To: Ken Zuidervaart, City of Ripon, Community Development Department From: Laurel Boyd, SJCOG, Inc. Phone: (209) 235-0574 Email: [email protected] Date: June 13, 2022
-Local Jurisdiction Project Title: Major Site Review (SR22-53) Assessor Parcel Number(s): 259-360-33
Local Jurisdiction Project Number: SR22-53
Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Multi-Purpose Open Space Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist.

Dear Mr. Zuidervaart:

SJCOG, Inc. has reviewed the project referral for the Major Site Review (SR22-53). This project consists of the construction of a 170,300 square foot self-storage facility with a 1,000 square foot office, 4 parking stalls and landscaping to cover 15% of the parcel. The vacant parcel is 7.82 acres and is located in the M2 (Heavy Industrial) district. The project site is located at 502 E. Fourth Street, Ripon (APN: 259-360-33).

The City of Ripon is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.

This Project is subject to the SJMSCP. This can be up to a 30 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org
Please contact SJMSCP staff regarding completing the following steps to satisfy SJMSCP requirements:
▪ Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance ▪ SJMSCP Incidental take Minimization Measures and mitigation requirement:

1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.

4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.
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Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called. ▪ Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site.

If you have any questions, please call (209) 235-0600.
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S J C O G, Inc.

San Joaquin County Multi-Species Habitat Conservation & Open Space Plan 555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438

SJMSCP HOLD
TO: Local Jurisdiction: Community Development Department, Planning Department, Building Department, Engineering Department, Survey Department, Transportation Department, Other: ___________
FROM: Laurel Boyd, SJCOG, Inc.

DO NOT AUTHORIZE SITE DISTURBANCE

DO NOT ISSUE A BUILDING PERMIT
DO NOT ISSUE __________ FOR THIS PROJECT
The landowner/developer for this site has requested coverage pursuant to the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (SJMSCP). In accordance with that agreement, the Applicant has agreed to:
1) SJMSCP Incidental Take Minimization Measures and mitigation requirement:

If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.

Project Title: Major Site Review (SR22-53)
Assessor Parcel #s: 259-360-33
T _______, R______, Section(s): _____
Local Jurisdiction Contact: Ken Zuidervaart
The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. a
Packet Pg. 210 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) August 2, 2022
Ken Zuidervaart
City of Ripon
Department of Planning
259 N. Wilma Ave
Ripon, CA 95366
Project: SR22-53
District CEQA Reference No: 20220807
Dear Mr. Zuidervaart:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the project referenced above from the City of Ripon (City). The project consists of constructing a 170,300 square foot self-storage facility with 1,000 square foot office, four parking stalls, and landscaping located on 7.82 acres (Project). The Project is located at 502 E Fourth Street in Ripon.

The District offers the following comments regarding the Project:

Project Related Emissions
Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI):
https://www.valleyair.org/transportation/GAMAQI.pdf.

Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment. a
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August 2, 2022
Clean Lawn and Garden Equipment in the Community
Since the Project consists of commercial development, gas-powered commercial lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm and http://valleyair.org/grants/cgym-commercial.htm.

On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project.

Electric Vehicle Chargers
To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations.

Please visit www.valleyair.org/grants/chargeup.htm for more information.

District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.
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Packet Pg. 212 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) San Joaquin Valley Air Pollution Control District Page 3 of 5 District Reference No: 20220807
August 2, 2022
The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (209) 557-6446.

District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (209) 557-6446.

District Rule 9510 - Indirect Source Review (ISR)
The Project is subject to District Rule 9510 because it will receives a projectlevel discretionary approval from a public agency and will equal or exceed 2,000 square feet of commercial space.

The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions.

Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for project-level approval from a public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510. One a
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August 2, 2022
AIA application should be submitted for the entire Project. It is preferable for the applicant to submit an AIA application as early as possible in the City’s approval process so that proper mitigation and clean air design under ISR can be incorporated into the City’s analysis.

Information about how to comply with District Rule 9510 can be found online at:
http://www.valleyair.org/ISR/ISRHome.htm.

The AIA application form can be found online at:
http://www.valleyair.org/ISR/ISRFormsAndApplications.htm.

District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at [email protected].

District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at:
http://www.valleyair.org/busind/comply/asbestosbultn.htm.

District Rule 4601 (Architectural Coatings)
The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

The purpose of this rule is to limit VOC emissions from architectural coatings.

In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
http://www.valleyair.org/rules/currntrules/r4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District a
Packet Pg. 214 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) San Joaquin Valley Air Pollution Control District Page 5 of 5 District Reference No: 20220807
August 2, 2022
Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.

If you have any questions or require further information, please contact Patrick Chimienti by e-mail at [email protected] or by phone at (559) 230-6139.

Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
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EXHIBIT B
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Packet Pg. 217 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 03/14/2023
Subject: Designation of Surplus Equipment
RECOMMENDED ACTION:

Declare the listed Police Department equipment be designated as surplus and authorize the equipment to be sold utilizing a bidding process in accordance with the Ripon Municipal Code and State law.

BACKGROUND:

The Department continually analyzes the functionality and use of Department equipment. At a point in each piece of equipment’s life cycle a determination must be made if the equipment is still useful, and is cost effective to repair or upgrade.

When it is determined that an item has served its original purpose and no longer provides value to the Department or City, designating the equipment as surplus allows the Department to disburse or dispose of the equipment in the most equitable, efficient, and cost effective manner to ensure maximum value is recovered from the item.

With this surplus designation the Department will upgrade from our current Glock Generation 4 firearm pistol platform to the Glock 47 MOS. The upgrade will allow the Department to migrate to pistol optics. The cost of the upgrade to the Glock 47 MOS is $16,066.60 and will be offset by the disposition of the surplus property, which received an equitable bid of $7,873.

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DISCUSSION/ANALYSIS:

The Police Department is requesting the following equipment be designated as surplus and allowed to be sold to the most equitable bidder:

Make/Model Serial Number Make/Model Serial Number
Glock 21 #YUU619 Glock 22 #ZUY883
Glock 22 #FZU867 Glock 22 #ZUY884
Glock 22 #ZUY869 Glock 22 #ZUY885
Glock 22 #ZUY870 Glock 22 #ZUY886
Glock 22 #ZUY871 Glock 22 #ZUY887
Glock 22 #ZUY872 Glock 22 #ZUY888
Glock 22 #ZUY873 Glock 22 #ZUY889
Glock 22 #ZUY874 Glock 22 #ZUY890
Glock 22 #ZUY875 Glock 22 #ZUY891
Glock 22 #ZUY876 Glock 22 #ZUY892
Glock 22 #ZUY877 Glock 22 #ZUY893
Glock 22 #ZUY878 Glock 22 #ZUY894
Glock 22 #ZUY879 Glock 22 #ZUY895
Glock 22 #ZUY880 Glock 22 #ZUY896
Glock 22 #ZUY881 Glock 22 #ZUY897
Glock 22 #ZUY882
FISCAL IMPACT:

The Police Department has solicited bids for the purchase of the listed equipment, with the most equitable bid being $7,873. The cost to upgrade the Department’s pistols to the Glock 47 MOS is $16,066.60 and will be offset by the $7,873 received from the equitable bid. The expense will be paid from the General Department Capital Fund.

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 03/14/2023
Subject: Community Development Block Grant and Home Programs RECOMMENDED ACTION: Should the City Council agree with staff’s recommendation, the following motion would be appropriate:
“The City Council approves the recommended 2023-2024 CDBG and HOME Programs funding allocations and directs staff to process the necessary documentation with San Joaquin County to facilitate this grant program.”
DISCUSSION/ANALYSIS:

The Community Development Block Grant (CDBG) program is a flexible program that provides communities with resources to address a wide range of unique community development needs.

The CDBG program allocates annual grants to urban counties to develop viable communities by providing decent housing, a suitable living environment, and opportunities to expand economic opportunities, principally for low- and moderate-income persons. CDBG funds must be used for activities that benefit low- and moderate-income persons. In addition, each activity must meet one of the following national objectives for the program: benefit low- and moderate-income persons, prevention or elimination of slums or blight, or address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available.

The Department of Housing and Urban Development (HUD), administered through the County of San Joaquin, anticipates providing Ripon an estimated $89,533 in CDBG funds and $32,121 in HOME funds for the 2023-2024 funding cycle, intended to assist in resolving identified community development needs and housing problems. Of the estimated $89,533 in CDBG funds, fifteen percent shall be obligated ($13,430) to public service programs serving the needs of low- and moderate-income persons within the City of Ripon.

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CDBG Grant Funds
CDBG funds are essentially broken into two categories, 85% of the funds can be used for Public Works Programs (i.e. Public Facilities and Improvements such as infrastructure improvements) and no more than 15% shall be obligated for public service programs serving the needs of lowincome families in the community.

This year the City of Ripon is slated to receive approximately $89,533 in CDBG funds. Of those funds, approximately $71,103 can be used for a Public Works Program/Project and $5,000 for administrative allowance.

Over the years, the City has had difficulty finding eligible projects to use our CDBG funds due to the fact that Ripon does not have any eligible census tracts that meet the low- to moderateincome requirements. Therefore, money was mostly used on updating handicap ramps throughout the community, which was an eligible project. Additionally, our Senior Center is a facility in Ripon that is eligible for use of these funds, since seniors automatically qualify under CDBG funding requirements. This year Staff is recommending to once again allocate the Public Works portion of the funds to the Senior Center Retrofit Project. As you recall the Senior Center Retrofit project included three components:
 Installation of a split system HVAC unit in the kitchen (already completed);  Replacement of some existing flooring within the facility; and  Updating the front façade of the building to include an outdoor covered patio area.

To date, the HVAC system has been installed and the patio/shade structure has been ordered.

The patio/shade structure has a long lead-time and staff is expecting delivery of the structure sometime this summer. Staff has been working on compiling the bid documents for the project and will go out to bid once the delivery date of the patio/shade structure is known, most likely mid-summer to early fall.

To date, the City of Ripon currently has approximately $283,000 in CDBG funds for this project, with an anticipated additional $71,103 being allocated for the 2023-2024 CDBG Funding cycle.

This will bring the City’s CDBG fund balance for this project to a little over $354,000.

Additionally, the City received one time COVID CDBG funds of $54,092 and $58,390 to be used for pandemic relief and/or for pandemic preparedness. Both these funds have been allocated to the Senior Retrofit project as well, bringing the grand total for this project to approximately $467,000. Staff does not anticipate that this project will use the entire available funds, therefore once the project is complete, staff will bring back other options of eligible projects for Council’s direction.

For the public service programs portion of the funds (15%), the County of San Joaquin has made some changes to how the CDBG funds are to be dispersed to each of the participating jurisdictions, due to an audit and recommended changes from HUD. Many of the public service agencies provide services to all of the participating jurisdictions throughout the County and ask for funds from each city. Each city was then responsible for managing their own contracts with

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these jurisdictions, which caused duplicated efforts in each city. One of the significant changes to the program is that now the County will manage these contracts for the public agencies providing services to multiple jurisdictions, eliminating the need for multiple contracts with each agency. The other request from HUD is that contracts entered into with public agencies have a minimum funding of at least $5,000. This eliminates many duplicative man-hours for contracts only worth $1,000 to $1,500 within each of the jurisdictions.

Following are the applications received either by the City of Ripon directly or by San Joaquin County requesting funds for providing services within the City of Ripon.

Four public service applications were received:
 Bethany Home Society is requesting $5,000 to continue the meals on wheels program providing approximately 12,000 fresh meals five days a week to 138 Ripon seniors annually through a congregate setting and delivery to homebound seniors. Staff is recommending funding for this program in the amount of $5,000. (Received by the City of Ripon – City of Ripon Contract)  Emergency Food Bank of Stockton/San Joaquin (Mobile Farmers Market) is requesting $5,089 for their Mobile Farmer’s Market program. This program targets two sites in Ripon, the Ripon Senior Center and the Head Start program at Ripona Elementary School. The overall goal of the program is to see a community strengthened by providing access to fresh fruits and vegetables, healthy cooking demonstrations, health and nutrition related information/handouts and CalFresh (food stamp) information, all in an effort to encourage healthy eating and prevent/reduce the development of chronic health diseases affecting those most vulnerable in our community. Due to the remaining public service funds available and requested amounts, Staff is recommending funding for this program in the amount of $4,167 which is 82% of their requested funds. (Received by San Joaquin County on behalf of the City of Ripon – San Joaquin County Contract).
 Meals on Wheels is requesting $3,000 for their services offered for Ripon residents. Meals on Wheels provides home delivered nutritious meals and personal contact to homebound seniors within each of the cities in San Joaquin County. In order to be eligible, a person must be both 60 years of age or older and homebound. Those seniors that live alone, are older & frail, are the highest priority for the home delivery service. A spouse under 60 or a disabled dependent adult that resides with an eligible senior and is also homebound is also eligible for the meal service. A 5-pack of frozen meals are delivered to your door weekly, along with fresh milk and fruit. All menus are reviewed by 2 nutritionists to ensure compliance with Federal Guidelines.

Meals are designed to be low fat, low salt, and low sugar. Meals are delivered once a week by 2pm. Due to the remaining public service funds available and requested amounts, Staff is recommending funding for this program in the amount of $2,454, which is 82% of their requested funds. (Received by San Joaquin County on behalf of the City of Ripon – San Joaquin County

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Contract).
 San Joaquin County Fair Housing is requesting $2,214 for their services offered for Ripon residents. The services that they provide include information on tenants and landlord rights and responsibilities; mediation to individuals as an alternative to resolve housing issues for tenants, property management, and owners; seminars and training which include fair housing laws and basic property management for landlords as well as training for tenants including how to locate rentals, proper notices to landlords, etc.; and Counseling for landlords and tenants to help them better understand their rights and responsibilities concerning rental units. Due to the remaining public service funds available and requested amounts, Staff is recommending funding for this program in the amount of $1,809, which is 82% of their requested funds. (Received by San Joaquin County on behalf of the City of Ripon – San Joaquin County Contract).

Due to the revamped distribution process requested by the County and HUD the City of Ripon is recommending funding Bethany Home at their full $5,000 request, which is the minimum funding allocation per public service agency for each jurisdiction. The remaining funds, $8,430 will be split as indicated above with the County monitoring the applications for those public service agencies that have applied at the County level that provide services within the City of Ripon.

HOME Grant Funds
HOME funds are allocated to the City of Ripon on a formula basis each year similar to the CDBG funding. For fiscal year 2023-2024 Ripon is expected to receive approximately $32,121 in HOME Funds again. HOME funds are to be used for a variety of low-income housing activities such as tenant-based rental assistance, housing rehabilitation, assistance to homebuyers, and new construction of affordable housing.

To date the City of Ripon has mostly allocated the HOME funds to a down payment assistance program that is administered by the County for the City of Ripon. The current balance of HOME Funds held by the County for the City of Ripon is roughly $174,000 not counting the anticipated 2023-2024 HOME fund allocation, which will bring our balance to approximately $206,000. Staff has been working with County Staff to bring forth some potential other uses for these funds, however until such time staff is recommending allocating this year’s HOME funds towards the down payment assistance program administered by the County for Ripon residents.

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Following is a chart showing the requested and recommended funding allocation for the 2023- 2024 CDBG and HOME fund allocations.
2023-2024 CDBG Fund Allocations
CDBG Projects Requested Recommended
Public Works Program:

Ripon Senior Center Retrofit Project $71,103 $71,103
Administration $ 5,000 $ 5,000
Sub-total $76,103 $76,103
Public Service Programs:

Bethany Home Society - Meal on Wheels $5,000 $5,000
S.J. County Fair Housing $2,214 $1,809
Meals on Wheels $3,000 $2,454
Emergency Food Bank - Mobile Farmer’s Market $5,089 $4,167 Sub-total $15,303 $13,430
Total $91,406 $89,533
2023-2024 HOME FUND ALLOCATION
GAP (Down Payment Assistant) Loans $32,121

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 03/14/2023
Subject: Organic Waste Diversion Regulations
RECOMMENDED ACTION:

This ordinance amends Chapter 8.12 Garbage Collection and Disposal to the Ripon Municipal Code providing clarification to assist in the implementation of the City solid waste and recycling programs.

BACKGROUND:

The City Council adopted an ordinance which amended Chapter 8.12 Garbage Collection and Disposal of the Ripon Municipal Code at the March 8, 2022 council meeting. The amendment was required by the State of California under SB1383 which required jurisdictions to adopt enforceable ordinances consistent with the requirements of the Organic Waste Diversion regulations to mandate compliance from organic waste generators, haulers and other entities.

The law establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy and establishes a target of a 50 percent organics disposal reduction by 2020 and a 75 percent reduction by 2025 using 2014 as the baseline. The law also grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.

The ordinance which amended Chapter 8.12 Garbage Collection and Disposal to the Ripon Municipal Code in 2022 included the new Organic Waste Diversion regulations. The regulations are very restrictive and include most sectors such as residential, commercial businesses, commercial food generators, schools, industrial and government entities. Each resident and business must subscribe to an organic waste collection service that either source separates the waste (separate bins) or transports all unsegregated waste to a facility that recovers 75 percent of the organic content collected from the system. The ordinance has several references to the CalRecycle Organic Waste Reduction regulations which are enforced through the California

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Code of Regulations Title 14-Natural Resources, Division-7 Department of Resources Recycling and Recovery.

DISCUSSION/ANALYSIS:

Since the amended ordinance in 2022 staff has identified areas within Chapter 8.12 where conflicts are present among sections and other chapters in the code. Recommended changes are summarized below:
 Minor adjustments to definitions, formatting, and grammatical errors.  Changes to sections 8.12.120 through 8.12.170 in reference to permitted commercial and industrial haulers are included in order to combine the requirements for both classifications, clarify the fee structure and eliminate redundant information.  Changes to section 8.12.180 Monthly Rates and Charges and the addition of section

8.12.185 Advanced Payment Discount in order to align with the Water and Sewer rate structures and practices while removing outdated and irrelevant information.  Added section 8.12.225 Temporary Interruption of Garbage Collection Service has been added to identify the terms of suspending and restoring service under certain conditions.  Violation-Penalty information has been separated into its own section as 8.12.160 and changes include the ability to add penalties to the bill to align with other sections within the code.

The combined changes in the amendment will aid staff moving forward throughout the implementation of the solid waste and recycling programs. Following is the proposed Ordinance recommended for first reading and introduction.

Attached are redline changes showing the proposed text changes to the Municipal Code and labeled “Chapter 8.12 Redline Changes”.

FISCAL IMPACT:

The adoption of this specific ordinance will have no additional fiscal impact although the eventual implementation of the mandated regulations in Chapter 8.12 will result in a significant increase in the City’s Garbage Enterprise Fund operating expenses. These anticipated additional expenses will result from additional tipping fees at the disposal and composting facilities used by the City, changes to the City’s collection routes, and staff time to complete all public outreach and reporting that is required to be in compliance with these new regulations. Since the regulations are so new and dramatically change solid waste collection for cities, local agencies and disposal facilities are still determining the extent of the cost increases.

Attachments:

1. Chapter 8.12 Redline Changes

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ORDINANCE NO. 920

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RIPON AMENDING THE CITY OF RIPON MUNICIPAL
CODE, TITLE 8, CHAPTER 8.12 ENTITLED “GARBAGE
COLLECTION AND DISPOSAL” PROVIDING

CLARIFICATION TO ASSIST IN THE IMPLEMENTATION

OF THE CITY SOLID WASTE AND RECYCLING

PROGRAMS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF RIPON AS FOLLOWS:

SECTION 1. AMENDING CHAPTER 8.12 TO THE RIPON MUNICIPAL CODE.

Chapter 8.12 to the Ripon Municipal Code is hereby amended to read in full as follows:

Chapter 8.12

GARBAGE COLLECTION AND DISPOSAL
Sections:

8.12.005 Purpose

8.12.010 Definitions

8.12.020 Collection of Solid Waste

8.12.030 Storage of Accumulated Garbage

8.12.035 Single-Family Generators

8.12.040 Collection-Frequency

8.12.050 Rear Yard Service-Charge

8.12.055 Placement of Containers-Interference with Traffic Prohibited

8.12.060 Unlawful Deposit of Garbage or Rubbish

8.12.070 Burning Garbage Prohibited- Exception

8.12.080 Burying Garbage Prohibited

8.12.085 Commercial Businesses

8.12.090 Self-Haulers

8.12.095 Waivers for Generators

8.12.100 Collection Truck Requirements

8.12.110 Supervision of Solid Waste Collection and Disposal by City

8.12.120 Commercial and Industrial Waste Collectors - Business License Required

8.12.130 Commercial and Industrial Waste Collectors-Permit Required

8.12.140 Commercial and Industrial Waste Collector-Permit Fee

8.12.150 Commercial and Industrial Waste Collector-Financial Reports to City

8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators

8.12.180 Monthly Rates and Charges

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8.12.185 Advanced payment discount

8.12.190 Commingling of Materials-Separation of Garden Refuse

8.12.200 Collection of Prunings and Leaves-Time Period Designated

8.12.210 Unacceptable Material

8.12.220 Payment and Collection of Garbage Bills

8.12.225 Temporary Interruption of Garbage Collection Service

8.12.230 Ownership of Garbage Containers

8.12.232 Requirements for Commercial Edible Food Generators

8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions

8.12.238 Procurement

8.12.240 Failure to Pay Charges

8.12.250 Modification of Rates or Rules and Regulations

8.12.253 Inspections and Investigations by City or its Designees

8.12.255 Enforcement

8.12.260 Violation-Penalty

8.12.005 Purpose
State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.

State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.

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SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.

SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity according to the State of California by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. (Ord. 912 §1, 2022)

8.12.010 Definitions
The following words, terms, and phrases when used herein shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning.

A. "Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.

B. "Building" shall mean all other buildings not defined as dwellings.

C. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

D. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).

E. "City" shall mean the City of Ripon.

F. "City Administrator" means the City Administrator of the City of Ripon.

G. "Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal." H. "Collection vehicle or equipment" includes any vehicle or equipment used in the collection of residential refuse or commercial/industrial solid wastes.

I. "Collector" or “Permitted Waste Collector”, “Commercial Waste Collector” and “Industrial Waste Collector” shall mean persons, firms, or corporations authorized by the City Council by permit to collect and dispose of garbage, rubbish, and waste matter on a regularly scheduled basis, and includes the City where appropriate.

J. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Chapter.

K. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 8.12.232 and 8.12.234 of this section.

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L. "Commercial solid wastes" include all types of solid wastes generated by stores, offices, and other commercial sources and wastes, and includes commercial residential refuse.

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

N. "Compliance Review" means a review of records by the City to determine compliance with this Chapter.

O. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which states that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

P. "Construction and demolition wastes" includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavement, houses, commercial buildings, landscaping debris and other structures.

Q. “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).

R. "Designee" means an entity or individual that the County contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a City Department or its representative, a Permitted Waste Collector, a public or private entity, or a combination of those entities.

S. "Director" means the Director of Public Works of the City of Ripon, acting either directly or through authorized agents.

T. "Disposal site" includes the place, location, tract of land, area or premises in use, intended to be used, or which has been approved for the landfill disposal of solid wastes.

U. "Dwelling" shall mean a residence, flat, apartment, or other facility used for housing one or more persons, and located in the City of Ripon.

V. "Dwelling unit" means one or more habitable rooms which are intended to be occupied by one (1) family with facilities for living, sleeping, cooking, and eating and from which the City collects refuse.

W. “Edible Food” means unsold or unserved Food that is fit for human consumption, even though the Food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. For the purposes of these regulations, “Edible Food” is not Solid Waste if it is recovered and not discarded.

X. "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Y. “Environmental Health Department” means the San Joaquin County Environmental Health Department.

Z. "Excluded Waste" means hazardous substance; hazardous waste; infectious waste; designated

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waste; volatile waste; corrosive waste; medical waste; infectious waste; regulated radioactive waste; and toxic substances or material that any facility operator which receives materials from the County and its Generators reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance. This includes used motor oil and filters; household batteries; universal wastes; and/or latex paint; land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in County'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 County, or its Designee, to potential liability.

AA. “Food” has the same meaning as in Section 113781 of the Health and Safety Code.

AB. “Food Distributor” means a company that distributes Food to entities including, but not limited to, Supermarkets and Grocery Stores.

AC. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

AD. “Food Recovery” means actions to collect and distribute Food for human consumption which otherwise would be disposed.

AE. “Food Recovery Organization” means an entity that primarily engages in the collection or receipt of excess Edible Food from Edible Food Generators and distributes that Edible Food to the public for consumption, 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

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

AF. “Food Recovery Service” means a person or entity that collects and transports Edible Food from an Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.

AG. “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.

AH. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs.

AI. "Garden refuse" includes leaves, grass cuttings, weeds, vines, shrubbery, tree trimmings, and similar soft vegetative materials.

AJ. "Generator" means a person or entity that is responsible for the initial creation of any waste material.

AK. "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

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

AM. "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be

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used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

AN. “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. Grocery Store includes convenience stores.

AO. "Hazardous Materials" means any hazardous, dangerous, or toxic substance, material, or waste, including but not limited to substances, materials, and waste designated by the United States Environmental Protection Agency as hazardous substances (40 CFR, Parts 261 and 302) and any amendments thereto, petroleum products, or other such substances, materials, and wastes that are now or later become regulated under any applicable local, State, or Federal law.

AP. “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.

AQ. "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 fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) 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).

AR. “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.

AS. "Industrial solid wastes" include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations.

AT. "Inspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste 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).

AU. "Institutional solid wastes" include solid wastes originating from educational, health care, correctional, research facilities, or other similar facilities.

AV. "Jurisdiction" means a City, County, a City and County, or a special district that provides Solid Waste collection services.

AW. "Landfill" means a disposal site employing a method of disposing of solid wastes on hand without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the wastes to the smallest practical area, to a layer of suitable cover material at specific designated intervals.

AX. “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.

AY. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter, a venue facility includes, but is not limited to, a public,

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nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter, 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.

AZ. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste.

BA. "Mixed Waste" or "Mixed Waste Organic Collection Stream” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a High Diversion Organic Waste Processing Facility.

BB. "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family dwellings are considered Commercial Businesses for the purpose of this Chapter. They do not include Hotels, motels, or other transient occupancy facilities, which are also considered Commercial Businesses.

BC. "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

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

BE. "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).

BF. "Occupant" is synonymous with tenant or lessee.

BG. "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to Food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).

BH. "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).

BI. "Owner," when used with reference to a dwelling, shall mean and shall conclusively be deemed to be the legal owner or the legal owner's agent of the dwelling.

BJ. “Permitted Waste Collector" has the same meaning as in Section 8.12.130 of Title 8 of the City of Ripon Municipal Code and includes any person to whom a residential refuse collection agreement has been awarded by the City.

BK. "Permittee" means a person authorized by the City by permit to collect industrial and/or commercial wastes.

BL. "Person" means any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.

BM. "Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures.

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BN. "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).

BO. "Prohibited Container Contaminants" means the following: (1) material placed in a container which is not designated for that container under the system provided by the customer's Permitted Collector; or (2) Excluded Waste placed in any container.

BP. "Putrescible wastes" includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes, offal, and dead animals.

BQ. "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).

BR. "Recycling" means the process by which salvaged materials become usable products.

BS. "Refuse" includes garbage and rubbish.

BT. "Remote Monitoring" means the use of the internet of things (IoT) and/or electronic devices to visualize the contents of any container in a Permitted Collector's collection system to identify the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

BU. "Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the Premises.

BV. "Residential solid wastes" includes all types of solid waste which originate in single family, two family, three family, or four family premises.

BW. “Restaurant” means an establishment primarily engaged in the retail sale of Food and drinks for on premises or immediate consumption.

BX. "Route Review" means a visual Inspection of containers along a Collector 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).

BY. "Rubbish" includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, wood, glass, bedding, crockery, plastics, rubber by-products, or litter.

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

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

CB. "Self-Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable material that is self-generated to a facility. Self-Hauler also includes a person who back-hauls waste, or as

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otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment.

CC. “Share Table” has the same meaning as in Section 114079 of the Health and Safety Code.

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

CE. "Solid waste or wastes" include all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, garden waste, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, but excludes:

1. Sewage collected and treated in a municipal or regional sewage system.

2. Materials or substances having commercial value which have been salvaged for reuse, recycling, or resale.

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

CG. "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes (Paper Products, printing and writing paper, wood and dry lumber and textiles) that can be placed in a Blue Container pursuant to 14 CCR Section 18984.1(a)(2).

CH. "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding carpets, hazardous wood waste, and Non-Compostable Paper
CI. "Source Separated Organic Waste" means Organic Waste that is placed in a container that is specifically intended for the separate collection of Organic Waste by the Generator.

CJ. "Source Separated Recyclable Materials" means material that is placed in a Blue Container composed of Source Separated Non-Organic Recyclables and any Source Separated Blue Container Organic Waste that is designated by the City or Permitted Waste Collector for placement in a Blue Container.

CK. "State" means the State of California.

CL. “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.

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CM. "Swill" means all animal, vegetable, or other matter having a food value, from clubs, hospitals, hotels, restaurants, and public eating places, which is putrefactive or easily decomposable and attractive to flies or rodents, and which has a property value.

CN. "Tenant" means a person who is legally in control of, but is not necessarily the legal owner of, a building, or a part of a building or a dwelling unit or any type of premises. Synonymous with occupant or lessee. (Ord. 570 §1, 1997)
CO. "Three-Plus Container System" means a collection system that provides additional containers or split containers in an existing three-container system.

CP. “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.

CQ. “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 onsite 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.

CR. "Waste Evaluation" means an audit of any waste stream to determine the level of contamination in the waste stream being measured, in accordance with the requirements of 14 CCR Section 18984.5(c).

CS. “Wholesale Food Vendor” means a Food establishment in which Food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination. (Ord. 912 §1, 2022)

8.12.020 Collection of Solid Waste
The City shall collect, transport, and dispose of all residential solid waste. Commercial and industrial solid wastes may be collected, transported, and disposed of by the City, or by authorized commercial and/or industrial waste collectors in accordance with this Chapter, at the option of the owner, occupant, or tenant of the premises operating the commercial or industrial waste. (Ord. 570 §1, 1997)

8.12.030 Storage of Accumulated Garbage
It shall be the duty of every tenant, owner, or occupant of any private dwelling house; the keeper

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of a hotel, restaurant, eating house, boarding house, or other building where meals are served; the owner of every flat or apartment house, trailer camp, motel, auto court, cabin, business establishment; and every other person having garbage, rubbish, or waste matter to keep within the building or on the real property on which the building is situated, the accumulation of garbage, rubbish, or waste matter on the premises during the interval between collections. These accumulations shall be placed in the ninety-gallon container, three hundred gallon container, dumpster, or other container as deemed appropriate by the City, which shall be supplied by the City or other authorized commercial or industrial waste collector. No other type of garbage container shall be allowed. (Ord. 570 §1, 1997)

8.12.035 Single-Family Generators
A Single-Family Organic Waste Generator shall:

A. Subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 8.12.035(B) through (D). City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials.

B. Adjust its service level for its collection services as requested by the City.

C. Place designated materials in separate containers in accordance with the City collection system. Generator shall not place Prohibited Container Contaminants in collection containers.

D. Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c) (Ord. 912 §1, 2022)

8.12.040 Collection-Frequency
All residential non-recyclable solid waste shall be picked up on a one-stop basis at least once a week. The ninety-gallon garbage containers shall be placed at curbside no sooner than the evening before the pickup day. All empty containers must be removed from curbside by the evening of the pickup day. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)

8.12.050 Rear Yard Service-Charge
Should any qualified resident request special rear yard service, then the garbage containers must be placed within seventy-five (75) feet of the closest curb. An additional charge of Five Dollars ($5.00) a month shall be made for any rear yard service requested and furnished by the City.

Rear yard service shall only be made available to elderly and/or disabled residents who are unable to move their garbage container to the curb. The City at all times shall reserve the right to refuse to grant a request for rear yard service, should any special circumstances make it difficult or impossible to provide such service. (Ord. 570 §1, 1997)

8.12.055 Placement of Containers -Interference with Traffic Prohibited Every tenant, occupant, keeper, or owner of the places of occupancy will be responsible for placing garbage containers curbsideas to not interfere with vehicular or pedestrian traffic on the streets or sidewalks adjacent thereto. Garbage containers should be placed at least five (5) feet away from any parked vehicle or other obstacles. . (Ord. 570 §1, 1997)

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8.12.060 Unlawful Deposit of Garbage or Rubbish
It is unlawful for any person in the City to throw or deposit any solid waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public way, or to throw or deposit the same in or upon any private premises or vacant lot, or to store or keep the same, except in containers for pickup as required by this Chapter. It is unlawful to store, deposit, or keep solid waste in any place where rodents can have access thereto or feed thereon. (Ord. 570 §1, 1997)

8.12.070 Burning Garbage Prohibited-Exception
It is unlawful for any person, firm, or corporation to burn solid waste at any place within the City. If allowed by State or County law, the Fire Chief of the Fire Department shall have the right to authorize the legal burning of dry rubbish or garden refuse allowed by law, by written permit therefore and further provide, that such burning is not attended by any dense smoke, offensive odors, or fire hazard. (Ord. 570 §1, 1997)

8.12.080 Burying Garbage Prohibited
It is unlawful for any person to bury garbage, putrescible wastes at any place within the City. (Ord. 570 §1, 1997)

8.12.085 Commercial Businesses
A Generator that is a Commercial Business shall:

A. Subscribe to City approved collection services and comply with requirements of those services as described below in Section 8.12.085(B) through (L), except Commercial Businesses that meet the Self-Hauler requirements in Section 8.12.090 of this Chapter. The City or Permitted Waste Collectors 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 and containment of materials. A Commercial Business shall adjust its collection service levels as requested.

B. Place designated materials in separate containers in accordance with the City or Permitted Waste Collector's collection system. Generator shall not place Prohibited Container Contaminants in collection containers. Self-Haulers shall source separate and haul their waste materials pursuant to 14 CCR Sections 18984.1, 18984.2 or 18984.3.

C. Supply and allow access in common areas to adequate number, size and location of collection containers for employees, contractors, tenants, and customers. Such containers shall have sufficient labels or colors, consistent with the City or Permitted Waste Collector’s collection system. If self-hauling, such labels or colors shall be consistent with a Commercial Business' instructions to support its compliance with self-haul requirements of Section 8.12.090.

D. Provide containers for the collection of Organic Waste and Source Separated Recyclables as determined by the City or Permitted Waste Collector's collection system in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that

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particular container in areas where disposal containers are provided for customers.

Pursuant to 14 CCR Section 18984.9(b), the containers provided by a Commercial Business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided or approved by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements.

A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of SB 1383 prior to the end of the useful life of those containers. All containers must comply by January 1, 2036, and any new container purchased on or after January 1, 2022 shall follow the color requirements of SB 1383; or

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

Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section 8.12.085(4) pursuant to 14 CCR Section 18984.9(b).

E. Prohibit employees, to the extent practical through education, training, Inspection, or other measures, from placing materials in a container not designated for those materials per the City or Permitted Waste Collector's collection system. If self-hauling, such education shall follow a Commercial Business' instructions to support its compliance with the self-haul requirements of

8.12.090. Multi-Family Residential Dwellings are exempt from this requirement.

F. Perform periodic Inspections of all containers provided in the City or Permitted Waste Collector's collection system for contamination and inform employees if containers are contaminated and of the requirement to keep Prohibited Container Contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). Multi-Family Residential Dwellings are exempt from this requirement.

G. Provide information annually to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and (when applicable) Source Separated Recyclable Materials.

H. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants of the requirement to keep Prohibited Container Contaminants out of all containers in accordance with the City’s or Permitted Waste Collector’s collection system. If self-hauling, such education information shall be consistent with the self-haul requirements of Section 8.12.090.

I. Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with Section 8.12.253 of this Chapter, in order to confirm compliance with the requirements of this Chapter.

J. Accommodate and cooperate with a Remote Monitoring program, which may be implemented by the City at a later date. Such a Remote Monitoring program shall be for

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Inspection of the contents of containers for Prohibited Container Contaminants and shall involve installation of Remote Monitoring equipment on or in any container in the City’s or Permitted Waste Collector's collection system.

K. Implement at its own discretion a Remote Monitoring program for Inspection of the contents of the containers that are provided by the City or a Permitted Waste Collector. Said program is subject to approval by City.

L. Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

M. Meet the Self-Hauler requirements in Section 8.12.090 of this Chapter, if a Commercial Business determines to self-haul. (Ord. 912 §1, 2022)

8.12.090 Self-Haulers
A. Self-Haulers shall source separate all recyclable materials and Organic Waste from Solid Waste generated on-site 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 materials to facilities which recover said materials in accordance with requirements of 14 CCR Sections 18984.1 18984.2 and 18984.3:

1. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers such materials.

2. Self-Haulers shall haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.

3. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

4. Self-Haulers shall haul Mixed Waste, if applicable, to a High Diversion Organic Waste Processing Facility.

5. Self-Haulers shall haul Gray Container Waste to a licensed California Solid Waste Facility.

C. Self-Haulers shall keep a record of the amount of all waste materials described in

8.12.090(B) delivered to each Solid Waste facility, operation, activity, or property that processes or recovers such materials; this record shall be subject to Inspection by the City. The records shall include the following information:

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

2. The amount of material in cubic yards or tons transported by the Generator to each entity.

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 materials described in 8.12.090(B).

D. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 8.12.090(C) to City upon request.

E. Self-Haulers shall comply with all applicable sections of the City of Ripon Municipal Code. (Ord. 912 §1, 2022)

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8.12.095 Waivers for Generators
A. De Minimis Waiver:

For Two-Container, Three-Container or Three-Plus Container Systems, the City may waive a Commercial Business's obligation to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.12.095(A)(2) below.

Commercial Businesses requesting a De Minimis Waiver shall:

1. Submit a City-approved application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.12.095(A)(2) below.

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

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

4. Provide City-approved written verification of eligibility for De Minimis Waiver every five (5) years, if City has approved De Minimis Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses are meeting De Minimis Waivers for compliance with this Chapter.

B. Physical Space Waiver:

Given inadequate space for collection containers, for Two-Container, Three-Container or ThreePlus Container Systems, City may waive the obligations of a Commercial Business (or the owner of the property where a Commercial Business is located) or resident to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements. The granting of this waiver requires evidence from the City's own staff, a Permitted Waste Collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Sections 8.12.035 or 8.12.085.

A Physical Space Waiver may be requested through the following process:

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

2. For Three-container or Three-plus container collection systems, provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.

3. For a Two-container collection system, provide documentation that the premises lack adequate space for either Blue Containers or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.

4. Provide written City-approved verification to City that it is still eligible for Physical Space

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Waiver every five (5) years, if City has approved application for a Physical Space Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses and residences are meeting Physical Space Waivers for compliance with this Chapter. (Ord. 912 §1, 2022)

8.12.100 Collection Truck Requirements
Every vehicle used for the collection of solid waste shall have a metal-lined, water-tight body and a suitable cover, and shall be operated so as to prevent the contents from falling or spilling therefrom. Each vehicle shall be well painted, and shall be kept in a clean and sanitary condition. (Ord. 570 §1, 1997)

8.12.110 Supervision of Solid Waste Collection and Disposal by City The City Administrator is authorized to supervise the collection and disposal of solid waste in the City. The City Administrator or his designated agent shall receive and investigate all complaints and endeavor to improve and extend the solid waste collection service. The City Administrator or his designated agent shall have the power to issue any notices or other type warnings or to issue citations for any violation of any of the provisions of this Chapter. All disputes between licensed collectors, City, and producers concerning charges, service, or any other matter not otherwise delegated, shall be decided by the City Administrator. Any person aggrieved by any decision of the City Administrator shall have the right to file a written appeal with the City Council, who shall decide the matter at the next regular Council meeting. The decision of the City Council shall be final. The Chief of Police or any designated and authorized person is directed to enforce the provisions of this Chapter, and shall have the right to enter all premises for the purpose of making any inspection or investigation which he may deem necessary under the provisions of this Chapter. (Ord. 570 §1, 1997)

8.12.120 Commercial and Industrial Waste Collectors - Business License Required A. It is unlawful for any person, firm, corporation, or association other than the City, or as specified herein, to collect solid waste within the City, or transport the same through the streets, alleys, and public ways of the City, unless such person, firm, corporation, or association has obtained a business license from the City. The provisions of this Chapter shall not be applicable to any person, firm, corporation or other association to collect solid waste on a not for profit basis for charitable purposes.

It is unlawful for any person, building contractor, or subcontractor, engaged in the repair, construction, or demolition of any building or structure, or part thereof, to fail to remove from any street, alley, gutter, park, sidewalk, curbing, or any public way, building materials, solid waste, or other rubbish deposited thereon, in connection with that portion of the repair, construction, or demolition work under his special or general supervision. The person, building

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contractor, or subcontractor must remove such building materials or waste matter within seven (7) days of his final cessation of work on the building or structure, or part thereof.

C. Nothing in this Section shall be construed to prohibit any person from removing and disposing of solid waste when ordered to do so by the City Administrator, Chief of Police, Fire Department, health officer, or their authorized representatives, in order to eliminate a fire hazard or other health menace immediately. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)

8.12.130 Commercial and Industrial Waste Collectors-Permit Required It shall be unlawful for any person, firm, or corporation other than the City to collect and dispose of commercial waste within the City of Ripon as a commercial waste collector and/or to collect and dispose of industrial waste within the City of Ripon as an industrial waste collector without first having received a permit to do so. Any permit required by this Section may be granted by the City Council of the City of Ripon, and may be subject to such conditions and stipulations as may be determined by the City Council. The City Council shall establish, by resolution, rules and regulations for the administration of this chapter. Notwithstanding any other provision of this chapter, any commercial or industrial waste collector who prior to January 1, 1997, had by an agreement adopted by the City Council received authorization to collect commercial and industrial waste in the City of Ripon shall be considered currently permitted and in compliance with this section for the duration of any such agreement, and shall be exempt from the payment of permit fees during the period of validity of such agreement. Thereafter, said collector(s) shall pay the annual renewal fee set forth in this Section. Said permit or permits for any collectors not previously authorized by the City Council shall be issued upon majority vote of the City Council.

The fee for the issuance of each commercial waste permit shall be the sum of Eight Thousand Dollars ($8,000) and the fee for the issuance of each industrial waste permit shall be the sum of Eight Thousand Dollars ($8,000). Thereafter, the annual renewal fee for said permit(s) shall be the Four Thousand Dollars ($4,000) each. Any such permit issued pursuant to this Section shall not be transferable to another person, firm, or corporation and, in the case of corporations, the permit shall become void whenever there may occur a transfer of the majority interest in said corporation. (Ord. 570 §1, 1997)

8.12.140 Commercial and Industrial Waste Collector-Permit Fee In addition to the initial permit fee mentioned in Section 8.12.130 for the privilege to provide service pursuant to permit, the commercial and industrial waste collectors shall pay to the City of Ripon eight percent (8 %) of the gross revenue collected for performing commercial and industrial waste collection services.

For the purpose of this Section only, no such additional fees will be due and payable to City for revenues derived from the direct or indirect sale of reclaimed solid waste or its derivations.

However, this provision shall not be construed to exempt revenue from any element of the services to collect such commercial waste.

On or before the fifteenth day of each month, the waste collectors shall submit to the Finance Director a statement of gross revenues collected pursuant to the permit for the preceding month, with the appropriate remittance in full. Such statement shall separately show gross revenue from

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the sale of reclaimed refuse for the preceding month.

The waste collector shall, from the sources of revenue available to the collector through the granting of the permit, pay all fees and charges due the City as provided for in this Subsection. A five percent (5%) penalty shall apply to a delinquent payment for the first month, and a one percent (1%) penalty shall be added for each succeeding month thereafter until the delinquent balance is paid in full. (Ord. 570 §1, 1997)

8.12.150 Commercial and Industrial Waste Collector-Financial Reports to City Every waste collector who has obtained a permit to provide commercial and industrial waste collection services within the City of Ripon, shall at any time deemed necessary by the City Administrator make available to City all accounting records that pertain to any portion of the waste collector's operations within the scope of the permit issued pursuant to Section 8.12.130.

Upon request the waste collector shall provide City its annual audited financial statements prepared by an independent certified or public accountant. The statements shall be prepared by the independent auditor in conformance with accepted accounting principles. Such statements shall be provided to the City within one hundred twenty (120) days after the close of the collector's fiscal year. The financial statements shall clearly indicate the waste collector's activities within the City, and the City shall insist that the financial statements do not reflect any other business activities that are carried on by the collector in any other area or jurisdiction other than the City of Ripon. The City reserves the right to request, and the commercial and industrial waste collector shall provide any additional documentation, itemization, or detail as requested by City, to verify any amounts reported in monthly revenue reports and annual financial statements. (Ord. 570 §1, 1997)

8.12.160 (rescinded)

8.12.170 (rescinded)

8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators A. Requirements for Permitted Waste Collectors:

1. A Permitted Waste Collector, as a condition for authorization to collect Waste within the City of Ripon, shall comply with all collection requirements contained in SB 1383 Regulations, including but not limited to: providing approved collection systems; providing education to customers; providing equipment, container labeling, and correct container colors; performing contamination monitoring; and meeting prescribed reporting requirements.

2. A Permitted Waste Collector shall:
a. Obtain written approval from City to collect Organic Waste within the City, pursuant to 14 CCR Section 18988.2.
i. For non-franchised Permitted Waste Collectors, a written statement from the Department of Public Works shall constitute approval.
b. Keep a record of the documentation of its approval by City to collect Organic Waste within the City.
c. Identify, through written notice to the City annually on or before October 31 of each

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year, the facilities to which it will transport each material type from its collection activities in the City in the following year. Reported material types shall be identified by the following categories: Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, Mixed Waste, or Gray Container Waste.
d. Provide container collection services in the City as specified in 14 CCR, Division 7, Chapter 12, Article 3.
e. Transport Source Separated Recyclable Materials to a facility that recovers all Source Separated Recyclable Materials collected in the designated container. f. Transport Source Separated Green Container Organic Waste to a facility that recovers Source Separated Organic Waste.
g. Transport Mixed Waste to a High Diversion Organic Waste Processing Facility. h. Perform either Route Reviews or Waste Evaluations on all Commercial Business Collection Routes within the City of Ripon pursuant to Section 8.12.255(C) of this Chapter and the Container Contamination monitoring requirements of 14 CCR Section 18984.5. i. Submit a Route Review or Waste Evaluation plan and methodology annually or as requested by City for approval.
j. Submit annually a report to City summarizing the results of each Route Review with location of each violation identified.
k. Submit annually to City an overall SB 1383 customer compliance report in a format approved by City, including a list of non-compliant customer names, addresses and service levels.
l. Develop SB 1383 educational materials, pursuant to 14 CCR Section 18985.1, for issue to Commercial Businesses for general education and for violations of SB 1383 requirements.

City shall approve such materials prior to issue.
m. Issue SB 1383 educational materials annually to all Commercial Businesses that are provided Organic Waste collection service, pursuant to 14 CCR Section 18985.1. n. Receive annually from City a list of Commercial Businesses with waivers from SB 1383 requirements.
o. Provide annually, to the extent of the Permitted Waste Collector's knowledge, to City a list of Commercial Businesses without collection service, in order to assist City in monitoring SB 1383 Self-Hauler requirements.
p. Provide, at request of City, any information necessary for City to fulfill its SB 1383 reporting obligations to CalRecycle as specified in 14 CCR Sections 18994.1 and 18994.2.

3. City may establish, through Resolution by the City Council, a fee paid by the Permitted Waste Collector to offset costs incurred by City related to compliance with this Chapter.

B. Requirements for Organic Waste Facility Operators and Community Composting Operations:

1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. All such entities contacted by City shall respond within 60 days.

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2. Community Composting Operators, upon City's request, shall provide information to City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. All such entities contacted by City shall respond within 60 days. (Ord. 912 §1, 2022)

8.12.180 Monthly Rates and Charges
A. Established rates, fees and charges for the collection services specified in this Chapter are established, and shall be charged for the collection of services. The amounts of the rates, fees and charges for collection services shall be set by resolution of the City Council.

1. For the health, safety and welfare of the residents of the City, the ninety (90) gallon containers must not be overloaded so that the lids will not close. If more volume is needed, a second ninety (90) gallon container must be used. If containers are so overloaded that the lid is not able to be closed, the garbage and refuse producer may be cited by the City, and the garbage and refuse producer charged a surcharge equal to one-half (½) the normal monthly rate for each violation of residential customers.

2. For commercial and industrial containers where commercial or industrial users overload any container, the City may cite the garbage and refuse producer, and for those commercial and industrial solid wastes which are collected by the City shall charge a surcharge of one-half (½) the normal monthly rate for each violation of commercial users.

B. Rate Schedule.The rate schedule for commercial and industrial solid waste collections by licensed collectors other than the City shall be set by negotiation between the licensed collectors and the customer.

C. Rate Reduction. A discount of 20% shall be granted to qualified Owners or Occupants whose household income qualifies as “very low income” as defined in California Code of Regulations, Title 25, Section 6926 as may be amended. A discount of 10% shall be granted to qualified Owners or Occupants whose household income qualifies as “lower income” as defined in California Code of Regulations, Title 25, Section 6928, as may be amended. Owners or Occupants seeking the discount set forth in this subsection shall present adequate proof of income status to the City Clerk, whose decision shall be final. (Ord. 727 §1, 2005) D. Special Charges. When in the opinion of the City the minimum charge, as provided in this Section, is insufficient to cover the cost of the service provided to any commercial or individual solid waste operator by reason of volume or other special circumstances, the City may propose a monthly charge for collection at the establishment and agree with the owner thereof as to the particular charge to be made in each case. Commercial and industrial solid waste operators shall pay the full price for each ninety (90) gallon container used.

E. Rate Modifications. Any fees or charges set forth in this Chapter may be modified, changed, or eliminated at any time by the adoption of a resolution of the City Council. The amount of any such increase or decrease shall be annually added to or subtracted from the applicable fees as provided for in this Chapter.
(Ord. 570 §1, 1997, Ord. 912 §1, 2022)

8.12.185 Advanced payment discount

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A discount not to exceed five percent (5%) may be given by the Administrative Officer for garbage accounts paid in February. This payment shall be for fees for the period of February through the following January and must be received by February 11th of any calendar year.

8.12.190 Commingling of Materials-Separation of Garden Refuse Garden refuse placed within the designated container must be cut or trimmed not to exceed two (2) foot lengths or two inches (2") in diameter.

Between January 8th and October 14th of each year, collection of garden refuse which has not been placed within a designated garden refuse container may be collected on a weekly basis only if arrangements have been made by contacting City Hall. Garden refuse placed at the curb for collection must be cut or trimmed not to exceed four (4) foot lengths or six inches (6") in diameter. The cost for collection is as follows:
1/4 truck load (3 ½ CY ±) $40.00
1/2 truck load (7 CY ±) $45.00
3/4 truck load (10 ½ CY ±) $50.00
Full truck load (14 CY ±) $55.00
Truckload quantities are not compacted and shall be determined by city staff. Garden refuse which has been left at the curb without collection arrangements shall be ticketed. Refuse producers will be required to properly dispose of, or make arrangements for collection of ticketed garden refuse prior to the next designated garden refuse collection day. If garden refuse remains, it shall be collected and the owners will be charged the designated rate. Ownership of garden refuse will be established as the residential or commercial unit directly adjacent to the refuse. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)

8.12.200 Collection of Prunings and Leaves-Time Period Designated Between October 15th and January 7th of each year, or such other period of time as may from time to time be designated by the City Council, the following special handling provisions shall apply for pruning and leaves only. No other solid waste of any kind shall be deposited among the pruning or leaves. During the period, all pruning and leaves may be placed in the gutters curbside without the necessity of placing the pruning or leaves in containers. All pruning, however, must still be cut into lengths not exceeding four (4) feet and six inches in diameter, and need not be tied in bundles. Pruning shall be placed separately from the leaves immediately adjacent thereto.

Other than during the period as set forth in this Section for the special handling of pruning and leaves, the regular provisions of this Chapter shall apply at all times on their handling for the balance of the year. (Ord. 570 §1, 1997)

8.12.210 Unacceptable Material
Any material which may be deemed to be not acceptable by the City as provided in this Chapter, such as large accumulations from yard cleaning, tree trimmings and removal, and major house cleaning or wrecking or remodeling debris, may be removed by the City as a special collection upon request. All special requests shall be directed to City Hall. The special pickup charge to be made therefor shall be based upon volume, the difficulty of handling, the time required for the City crew to make the collection, haul it to the disposal site, and return to the City corporation

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yard. In no event shall this ordinance be construed as to authorize the disposal by any person of hazardous materials in any manner other than in strict compliance with all applicable laws and regulations pertaining thereto. (Ord. 570 §1, 1997)

8.12.220 Payment and Collection of Garbage Bills
The charge for the collection of solid waste by the City as set forth in this Chapter, shall be charged and collected from all occupied premises served by the City within the corporate limits of the City. The charges for collection of such solid waste shall be paid at the same time and in the same manner as City water bills are paid. All rules and regulations governing the payment and collection of water bills shall apply in every particular in the payment and collection of garbage bills. (Ord. 570 §1, 1997)

8.12.225 Temporary Interruption of Garbage Collection Service If a residential dwelling unit is vacant and uninhabited for a period of at least ninety (90) consecutive days and no residential waste will be generated on the site, the customer may request a temporarily interruption of garbage collection service upon payment of a fee. It is the customer’s responsibility to immediately restore garbage collection service when the dwelling unit is again occupied. If the City finds that someone has inhabited the residence at any time during this temporary interruption, the customer will be obligated to pay the garbage collection service fees for the entire period along with the request fee.

8.12.230 Ownership of Garbage Containers
All waste containers supplied by the City to each household unit or commercial or industrial solid waste operator shall remain the property of the City. Any damage to the container due to the negligence of the user, so as to require a repair or replacement of the container, shall be the responsibility of the property owner. The cost to replace or repair stolen or damaged containers shall be paid by the property owner. (Ord. 570 §1, 1997)

8.12.232 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.

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.

2. Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

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

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4. Allow the City or designated enforcement entity 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 self-hauled to the Food Recovery Service or Food Recovery Organization.
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 selfhauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

D. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or Share Table and school Food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to Food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 912 §1, 2022)

8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions 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):

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

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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. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City of Ripon 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 Jurisdiction it is located in 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) no later than January 31 of each year.

D. Food Recovery Capacity Planning

1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction. (Ord. 912 §1, 2022)

8.12.238 Procurement
City of Ripon departments, and direct service providers to the City, as applicable, must comply with the procurement requirements required by SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 12) and shall be detailed in the City of Ripon Procurement Policy. (Ord. 912 §1, 2022)

8.12.240 Failure to Pay Charges
It is unlawful for any person having solid waste collected and disposed of by the City as provided in this Chapter, to willfully fail, neglect, or refuse to pay for the collecting and disposing of same, the rate provided in this Chapter to be paid for such service. (Ord. 570 §1, 1997)

8.12.250 Modification of Rates or Rules and Regulations.

For the purpose of carrying out the collection of solid waste in the City, the City Council may, by resolution, change the rates for the services contained in this Chapter, or establish any other rules and regulations necessary to carry out the intent and purposes of this Chapter. (Ord. 570 §1, 1997)

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8.12.253 Inspections and Investigations by City or its Designees A. City representatives and their 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 to confirm compliance with this Chapter. This shall apply to Organic Waste Generators, Commercial Businesses, property owners, Commercial Edible Food Generators, Permitted Waste Collectors, and Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

B. For the purposes of inspecting Commercial Business containers for compliance with Section

8.12.085(b) of this Chapter, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 8.12.085(k) of this Chapter.

C. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with City employees or their Designees during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, records, Edible Food Recovery activities, or any other requirement of this Chapter. Failure to provide or arrange for access to an entity's premises or access to records for any Inspection or investigation is a violation of this Chapter.

D. Any records obtained by City during its Inspections, Remote Monitoring, 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.

E. City representatives and Designees are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

F. City shall receive written complaints from persons regarding any entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. (Ord. 912 §1, 2022)

8.12.255 Enforcement
A. With the exception of Prohibited Container Contaminants violations, as addressed under Section 8.12.255(C)(2), violation of any provision of this Chapter may subject the violator to Enforcement Actions indicated
B. City may choose to delay Enforcement Action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that Enforcement Action is a reasonable use of City staff and resources.

C. Process for Determining Compliance with this Chapter

1. The City shall monitor compliance with this Chapter through Compliance Reviews, Route Reviews, Waste Evaluations, investigation of complaints, and an Inspection program (that may include Remote Monitoring).

2. For any incident of Prohibited Container Contaminants found in a Route Review of commercial or residential containers, the City or Permitted Waste Collector, as City’s Designee,

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shall notice the Generator that a violation has occurred. Such notice shall be provided immediately via a cart tag upon identification of the Prohibited Container Contaminants, or by other communication within fourteen (14) days after determining that a violation has occurred.

If City or its Designee observes Prohibited Container Contaminants in a Generator's containers on more than three (3) consecutive occasions, or six (6) total occasions in any twelve (12) month period, City may issue a formal Notice of Violation, followed by civil penalties.

3. With the exception of violations of Container Contamination addressed under Section

8.12.255(C)(2), for any violation of this Chapter City may issue a Notice of Violation requiring compliance within 60 days of issuance of the Notice of Violation, or a shorter time period if the City determines the violation constitutes a risk to public health and safety or a longer time period if City determines that extenuating circumstances exist that make compliance with the deadline impracticable.

4. The City or its designee shall administer and enforce any and all provisions in this Chapter related to Edible Food waste, including Sections 8.12.232 and 8.12.234.

5. Absent compliance by the violator within the deadline set forth in the Notice of Violation, City may commence an action to impose penalties and fines. Any Notice of Violation shall be sent to the listed "owner" at their address of record. If no such address is available, the Notice of Violation shall be sent to the owner at the address where the violation occurred or to the party responsible for paying for the collection services, depending upon available information.

D. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City shall conduct Inspections, Remote Monitoring, Route Reviews, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this Chapter. If City determines that an entity is not in compliance, City shall provide educational materials to the entity describing its obligations under this Chapter and that violations may be subject to civil penalties starting on January 1, 2024.

E. Enforcement Table
With the exception of Container Contamination violations addressed under Section

8.12.255(C)(2), violation of any provision of this Chapter, including but not limited to the violations listed below, may commence an action by the City to impose penalties and fines.

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Code Section Description of Violation
Single-Family Generator
Requirement:

Section 8.12.035
Single-Family Organic Waste Generator fails to source
separate waste materials into appropriate containers in accordance with City or Permitted Waste Collector’s collection system.

Commercial Business Requirement:

Sections 8.12.085
Commercial Business that does not self-haul, fails to provide or arrange for Organic Waste collection service through a
Permitted Waste Collector.

Commercial Business Requirement:

Sections 8.12.085
Commercial Business fails to supply and allow access to adequate numbers, size, and location of containers and
sufficient signage, labelling, and container color.

Commercial Business Requirement:

Section 8.12.085
Commercial Business fails to provide or arrange for access to its premises for any Inspection or investigation by City.

Permitted Collector Requirement:

Section 8.12.175
A Permitted Waste Collector 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 Chapter.

Permitted Collector Requirement:

Section 8.12.175
A Permitted Waste Collector providing residential,
commercial, or industrial Organic Waste collection service fails to obtain approval issued by City to haul Organic Waste as prescribed by this Chapter.

Permitted Collector Requirement:

Section 8.12.175
A Permitted Waste Collector fails to keep a record of the applicable documentation of its approval by City to collect Organic Waste, as prescribed by this Chapter.

Organic Waste Facility Operator
Requirement: Section 8.12.175
An entity fails to respond within 60 days to City’s request for information necessary for organics Recovery capacity
planning. Such information may include available, potential new or expanded capacity at entity’s facility, including information about throughput and permitted capacity.

Self-Hauler Requirement:

Section 8.12.090
A Self-Hauler fails to comply with the requirements of this Chapter, such as failing to source separate Organic Waste or failing to deliver such waste to a facility that will recover it.

Commercial Edible Food Generator
Requirement
Section 8.12.232
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.

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Commercial Edible Food Generator
Requirement
Section 8.12.232
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 8.12.232
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.

Commercial Business, Commercial
Edible Food Generator, Food
Recovery Organization or Food
Recovery Service
Sections 8.12.232 and 8.12.234
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.

Recordkeeping Requirements for
Commercial Edible Food Generator
Section 8.12.232
Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by Section 8.12.232.

Recordkeeping Requirements for
Food Recovery Services and Food
Recovery Organizations
Section 8.12.234
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 8.12.234.
(Ord. 912 §1, 2022)

8.12.260 Violation - Penalty
A. Penalty Amounts
The penalty levels are as follows:

1. First penalty amount shall be $50 per violation.

2. Second penalty amount shall be $100 per violation.

3. Third or subsequent penalty amount shall be $250 per violation.

B. Penalties assessed may be added to the utility bills and collected in the same manner as any unpaid garbage service charges as specified in Section 8.12.220, including discontinuance of service.

C. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.08 of this Code. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section

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15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.

Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 3. NO MANDATORY DUTY OF CARE This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of March, 2023, by the following vote:

RESULT: FIRST READING [UNANIMOUS] Next: 4/11/2023 6:00 PM MOVER: Leo Zuber, Vice Mayor
SECONDER:Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker

THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
MICHAEL RESTUCCIA , Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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Redline Version
131-14 (03/22)
Chapter 8.12

GARBAGE COLLECTION AND

DISPOSAL
Sections:

8.12.005 Purpose

8.12.010 Definitions

8.12.020 Collection of Solid Waste

8.12.030 Storage of Accumulated Garbage

8.12.035 Single-Family Generators

8.12.040 Collection-Frequency

8.12.050 Rear Yard Service-Charge

8.12.055 Placement of ContainersInterference with Traffic Prohibited

8.12.060 Unlawful Deposit of Garbage or
Rubbish

8.12.070 Burning Garbage ProhibitedException

8.12.080 Burying Garbage Prohibited

8.12.085 Commercial Businesses

8.12.090 Self-Haulers

8.12.095 Waivers for Generators

8.12.100 Collection Truck Requirements

8.12.110 Supervision of Solid Waste
Collection and Disposal by City

8.12.120 Commercial and Industrial Waste
Collectors - Collection Business -
License Required

8.12.130 Commercial and Industrial Waste
Collectors-Permit Required

8.12.140 Commercial and Industrial Waste
Collector-Permit Fee

8.12.150 Commercial and Industrial Waste
Collector-Financial Reports to
City

8.12.160 Industrial Waste Collector-Permit
Fee

8.12.170 Industrial Waste CollectorFinancial Reports to City

8.12.175 Permitted Waste Collectors and
Organic Waste Facility Operators

8.12.180 Monthly Rates and Charges

8.12.185 Advanced payment discount

8.12.190 Commingling of MaterialsSeparation of Garden Refuse

8.12.200 Collection of Prunings and
Leaves-Time Period Designated

8.12.210 Unacceptable Material

8.12.220 Payment and Collection of
Garbage Bills

8.12.225 Temporary Interruption of
Garbage Collection Service

8.12.230 Ownership of Garbage
Containers

8.12.232 Requirements for Commercial
Edible Food Generators

8.12.234 Requirements for Food Recovery
Organizations, Services, and
Jurisdictions

8.12.238 Procurement

8.12.240 Failure to Pay Charges

8.12.250 Modification of Rates or Rules
and Regulations

8.12.253 Inspections and Investigations by
City or its Designees

8.12.255 Enforcement,

8.12.260 Violation-Penalty

8.12.005 Purpose
State recycling law, Assembly Bill 939 of 1989,
the California Integrated Waste Management Act
of 1989 (California Public Resources Code
Section 40000, et seq., as amended,
supplemented, superseded, and replaced from
time to time), requires cities and counties to
reduce, reuse, and recycle (including
composting) Solid Waste generated in their
Jurisdictions to the maximum extent feasible
before any incineration or landfill disposal of
waste, to conserve water, energy, and other
natural resources, and to protect the environment.

State recycling law, Assembly Bill 341 of 2011
(approved by the Governor of the State of
California on October 5, 2011, which amended
Sections 41730, 41731, 41734, 41735, 41736,
41800, 42926, 44004, and 50001 of, and added
Sections 40004, 41734.5, and 41780.01 and
Chapter 12.8 (commencing with Section 42649)
to Part 3 of Division 30 of, and added and
repealed Section 41780.02 of, the Public
Resources Code, as amended, supplemented,
superseded and replaced from time to time),
places requirements on businesses and MultiFamily property owners that generate a specified threshold amount of Solid Waste to arrange for
recycling services and requires Jurisdictions to
implement a Mandatory Commercial Recycling
program.

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State organics recycling law, Assembly Bill 1826
of 2014 (approved by the Governor of the State
of California on September 28, 2014, which
added Chapter 12.9 (commencing with Section
42649.8) to Part 3 of Division 30 of the Public
Resources Code, relating to Solid Waste, as
amended, supplemented, superseded, and
replaced from time to time), requires businesses
and Multi-Family property owners that generate
a specified threshold amount of Solid Waste,
Recycling, and Organic Waste per week to
arrange for recycling services for that waste,
requires Jurisdictions to implement a recycling
program to divert Organic Waste from businesses
subject to the law, and requires Jurisdictions to
implement a Mandatory Commercial Organics
Recycling program.

SB 1383, the Short-lived Climate Pollutant
Reduction Act of 2016, requires CalRecycle to
develop regulations to reduce organics in landfills
as a source of methane. The regulations place
requirements on multiple entities including
Jurisdictions, residential households,
Commercial Businesses and business owners,
Commercial Edible Food Generators, haulers,
Self-Haulers, Food Recovery Organizations, and
Food Recovery Services to support achievement
of Statewide Organic Waste disposal reduction
targets.

SB 1383, the Short-lived Climate Pollutant
Reduction Act of 2016, requires Jurisdictions to
adopt and enforce an ordinance or enforceable
mechanism to implement relevant provisions of
SB 1383 Regulations. This ordinance will also
help reduce food insecurity according to the State
of California by requiring Commercial Edible
Food Generators to arrange to have the maximum
amount of their Edible Food, that would
otherwise be disposed, be recovered for human
consumption. (Ord. 912 §1, 2022)

8.12.010 Definitions
The following words, terms, and phrases when
used herein shall have the meaning ascribed to
them in this Section except where the context
clearly indicates a different meaning.

A. "Blue Container” has the same meaning as
in 14 CCR Section 18982(a)(5) and shall be used
for the purpose of storage and collection of
Source Separated Recyclable Materials.

B. "Building" shall mean all other buildings
not defined as dwellings.

C. "California Code of Regulations" or
"CCR" means the State of California Code of
Regulations. CCR references in this Chapter are
preceded with a number that refers to the relevant
Title of the CCR (e.g., "14 CCR" refers to Title
14 of CCR).

D. "CalRecycle" means California's
Department of Resources Recycling and
Recovery, which is the department designated
with responsibility for developing, implementing,
and enforcing SB 1383 Regulations on
Jurisdictions (and others).

E. "City" shall mean the City of Ripon.

F. "City Administrator" -means the City
Administrator of the City of Ripon.

G. "Collection" means the act of collecting
solid waste at the place of waste generation by an
approved collection agent (public or private) and
is distinguished from "removal."
H. "Collection vehicle or equipment"
includes any vehicle or equipment used in the
collection of residential refuse or
commercial/industrial solid wastes.

I. "Collector" or “Permitted Waste Collector”,
“Commercial Waste Collector” and “Industrial
Waste Collector” and shall mean persons, firms,
or corporations authorized by the City Council by
permit to collect and dispose of garbage, rubbish,
and waste matter on a regularly scheduled basis,
and includes the City where appropriate.

J. "Commercial Business" or "Commercial"
means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential
dwelling, or as otherwise defined in 14 CCR
Section 18982(a)(6). A Multi-Family Residential
Dwelling that consists of fewer than five (5) units
is not a Commercial Business for purposes of this
Chapter.

K. "Community Composting" means any
activity that composts green material, agricultural
material, Food material, and vegetative Food

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material, alone or in combination, and the total
amount of feedstock and Compost on-site at any
one time does not exceed 100 cubic yards and 750
square feet, as specified in 14 CCR Section
17855(a)(4); or, as otherwise defined by 14 CCR
Section 18982(a)(8).

LK. “Commercial Edible Food Generator”
includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined in 8.12.232 and

8.12.234 of this section.

LM. "Commercial solid wastes" include all
types of solid wastes generated by stores, offices,
and other commercial sources and wastes, and
includes commercial residential refuse.

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

NO. "Compliance Review" means a review of
records by the City to determine compliance with
this Chapter.

OP. "Compost" has the same meaning as in 14
CCR Section 17896.2(a)(4), which states that
"Compost" means the product resulting from the
controlled biological decomposition of organic
Solid Wastes that are Source Separated from the
municipal Solid Waste stream, or which are
separated at a centralized facility.

PQ. "Construction and demolition wastes"
includes the waste building materials, packaging,
and rubble resulting from construction,
remodeling, repair, and demolition operations on
pavement, houses, commercial buildings,
landscaping debris and other structures.

QR. "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).

S. "Construction and demolition wastes"
includes the waste building materials, packaging,
and rubble resulting from construction,
remodeling, repair, and demolition operations on
pavement, houses, commercial buildings, and
other structures.

RT. "Designee" means an entity or individual
that the County contracts with or otherwise
arranges to carry out any of the City's
responsibilities of this Chapter as authorized in
14 CCR Section 18981.2. A Designee may be a
City Department or its representative, a Permitted
Waste Collector, a public or private entity, or a
combination of those entities.

SU. "Director" means the Director of Public
Works of the City of Ripon, acting either directly
or through authorized agents.

TV. "Disposal site" includes the place,
location, tract of land, area or premises in use,
intended to be used, or which has been approved
for the landfill disposal of solid wastes.

UW. "Dwelling" shall mean a residence, flat,
apartment, or other facility used for housing one
or more persons, and locatedoccupied in the City
of Ripon.

VX. "Dwelling unit" means one or more
habitable rooms which are intended to be
occupied by one (1) family with facilities for
living, sleeping, cooking, and eating and from
which the City collects refuse.

WY. “Edible Food” means unsold or unserved
Food that is fit for human consumption, even
though the Food may not be readily marketable
due to appearance, age, freshness, grade, size,
surplus, or other conditions. For the purposes of
these regulations, “Edible Food” is not Solid
Waste if it is recovered and not discarded.

XZ. "Enforcement Action" means an action of
the City to address non-compliance with this
Chapter including, but not limited to, issuing
administrative citations, fines, penalties, or using
other remedies.

YAA. “Environmental Health Department”
means the San Joaquin County Environmental
Health Department.

ZAB. "Excluded Waste" means hazardous
substance; hazardous waste; infectious waste;
designated waste; volatile waste; corrosive waste;

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medical waste; infectious waste; regulated
radioactive waste; and toxic substances or
material that any facility operator which receives
materials from the County and its Generators
reasonably believes would, as a result of or upon
acceptance, transfer, processing, or disposal, be a
violation of local, State, or Federal law,
regulation, or ordinance. This includes used
motor oil and filters; household batteries;
universal wastes; and/or latex paint; land use
restrictions or conditions; waste that cannot be
disposed of in Class III landfills or accepted at the
facility by permit conditions; waste that in
County'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 County, or its Designee, to
potential liability.

AAC. “Food” has the same meaning as in
Section 113781 of the Health and Safety Code.

AEB. “Food Distributor” means a company
that distributes Food to entities including, but not
limited to, . Supermarkets and Grocery Stores.

ADC. “Food Facility” has the same meaning as
in Section 113789 of the Health and Safety Code.

AE. “Food Distributor” means a company that
distributes Food to entities including, but no
limited to. Supermarkets and Grocery Stores.

ADF. “Food Recovery” means actions to
collect and distribute Food for human
consumption which otherwise would be disposed.

AEG. “Food Recovery Organization” means an
entity that primarily engages in the collection or
receipt of excess Edible Food from Edible Food
Generators and distributes that Edible Food to the
public for consumption, 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

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

AFH. “Food Recovery Service” means a person
or entity that collects and transports Edible Food
from an Edible Food Generator to a Food
Recovery Organization or other entities for Food
Recovery.

AGI. “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.

AHJ. "Garbage" includes all kitchen and table
food waste, and animal or vegetable waste that
attends or results from the storage, preparation,
cooking, or handling of food stuffs.

AIK. "Garden refuse" includes leaves, grass
cuttings, weeds, vines, shrubbery, tree trimmings,
and similar soft vegetative materials.

AJL. "Generator" means a person or entity that
is responsible for the initial creation of any waste
material.

AKM. "Gray Container" has the same meaning
as in 14 CCR Section 18982(a)(28) and shall be
used for the purpose of storage and collection of
Gray Container Waste.

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

AMO. "Green Container" has the same
meaning as in 14 CCR Section 18982(a)(29) and
shall be used for the purpose of storage and
collection of Source Separated Green Container
Organic Waste.

ANP. “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. Grocery Store
includes convenience stores.

AOQ. "Hazardous Materials" means any
hazardous, dangerous, or toxic substance,
material, or waste, including but not limited to
substances, materials, and waste designated by
the United States Environmental Protection
Agency as hazardous substances (40 CFR, Parts

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261 and 302) and any amendments thereto,
petroleum products, or other such substances,
materials, and wastes that are now or later
become regulated under any applicable local,
State, or Federal law.

APR. “Health Facility” has the same meaning
as in Section 1250 of the Health and Safety Code.

AQS. "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 fifty percent (50%) between
January 1, 2022 and December 31, 2024, and
seventy-five percent (75%) 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).

ART. “Hotel” has the same meaning as in
Section 17210 of the Business and Professions
Code.

ASU. "Industrial solid wastes" include all types
of solid wastes and semi-solid wastes which
result from industrial processes and
manufacturing operations.

ATV. "Inspection" means a site visit where the
City or its Designee reviews records, containers,
and an entity's collection, handling, recycling, or
landfill disposal of Organic Waste 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).

AUW. "Institutional solid wastes" include solid
wastes originating from educational, health care,
correctional, research facilities, or other similar
facilities.

AVX. "Jurisdiction" means a City, County, a
City and County, or a special district that provides
Solid Waste collection services.

AWY. "Landfill" means a disposal site
employing a method of disposing of solid wastes
on hand without creating nuisances or hazards to
public health or safety, by utilizing principles of
engineering to confine the wastes to the smallest
practical area, to a layer of suitable cover material
at specific designated intervals.

AXZ. “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.

AYBA. “Large Venue” means a permanent
venue facility that annually seats or serves an
average of more than 2,000 individuals within the
grounds of the facility per day of operation of the
venue facility. For purposes of this Chapter, a
venue facility includes, but is not limited to, a
public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement
park, conference or civic center, zoo, aquarium,
airport, racetrack, horse track, performing arts
center, fairground, museum, theater, or other
public attraction facility. For purposes of this
Chapter, 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.

BB. “Permitted Waste Collector" has the same
meaning as in Section 8.12.130 of Title 8 of the
City of Ripon Municipal Code and includes any
person to whom a residential refuse collection
contract has been awarded by the City.

BC. "Permittee" means a person authorized
by the City by permit to collect industrial and/or
commercial wastes.

AZBD. “Local Education Agency” means a
school district, charter school, or county office of
education that is not subject to the control of city
or county regulations related to Solid Waste.

BAE. "Mixed Waste" or "Mixed Waste
Organic Collection Stream” means Organic
Waste collected in a container that is required by
14 CCR Sections 18984.1, 18984.2, or 18984.3 to
be transported to a High Diversion Organic

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Waste Processing Facility.

BBF. "Multi-Family Residential Dwelling" or
"Multi-Family" means of, from, or pertaining to
residential premises with five (5) or more
dwelling units. Multi-Family dwellings are
considered Commercial Businesses for the
purpose of this Chapter. They do not include
Hotels, motels, or other transient occupancy
facilities, which are also considered Commercial
Businesses.

BCG. "Non-Compostable Paper" includes but
is not limited to paper that is coated in a plastic
material that will not breakdown in the
composting process, or as otherwise defined in 14
CCR Section 18982(a)(41).

BDH. "Non-Organic Recyclables" means nonputrescible 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).

BEI. "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).

BFJ. "Occupant" is synonymous with tenant or
lessee.

BKG. "Organic Waste" means Solid Wastes
containing material originated from living
organisms and their metabolic waste products,
including but not limited to Food, green material,
landscape and pruning waste, organic textiles and
carpets, lumber, wood, Paper Products, Printing
and Writing Paper, manure, biosolids, digestate,
and sludges or as otherwise defined in 14 CCR
Section 18982(a)(46).

BLH. "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).

BMI. "Owner," when used with reference to a
dwelling, shall mean and shall conclusively
be deemed to be the legal owner or the legal
owner's agent of the dwelling.

BBJ. “Permitted Waste Collector" has the same
meaning as in Section 8.12.130 of Title 8 of the
City of Ripon Municipal Code and includes any
person to whom a residential refuse collection
contractagreement has been awarded by the City.

BKC. "Permittee" means a person authorized
by the City by permit to collect industrial and/or
commercial wastes.

BLAE. "Person" means any individual, firm,
association, partnership, corporation, trust, joint
venture, or other legal entity.

BMN. "Premises" includes a tract or parcel of
land with or without habitable buildings or
appurtenant structures.

BNO. "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).

BOP. "Prohibited Container Contaminants"
means the following: (1) material placed in a
container which is not designated for that
container under the system provided by the
customer's PermittedLicensed Collector; or (2)
Excluded Waste placed in any container.

BPQ. "Putrescible wastes" includes wastes that
are capable of being decomposed by
microorganisms with sufficient rapidity as to
cause nuisances because of odors, gases, or other
offensive conditions, and include materials such
as food wastes, offal, and dead animals.

BQR. "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).

BRS. "Recycling" means the process by which
salvaged materials become usable products.

BST. "Refuse" includes garbage and
rubbish.

BTU. "Remote Monitoring" means the use of
the internet of things (IoT) and/or electronic
devices to visualize the contents of any container

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in a PermittedLicensed Collector's collection
system to identify the quantity of materials in
containers (level of fill) and/or presence of
Prohibited Container Contaminants.

BUV."Removal" means the act of taking solid
wastes from the place of waste generation either
by an approved collection agent or by a person in
control of the Premises.

BVW. "Residential solid wastes" includes all
types of solid waste which originate in single
family, two family, three family, or threefour
family premises.

BWX. “Restaurant” means an establishment
primarily engaged in the retail sale of Food and
drinks for on premises or immediate
consumption.

BXY. "Route Review" means a visual
Inspection of containers along a Collector 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).

BYZ. "Rubbish" includes non-putrescible solid
wastes such as ashes, paper, cardboard, tin cans,
wood, glass, bedding, crockery, plastics, rubber
by-products, or litter.

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

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

CBC. "Self-Hauler" means a person who hauls
Solid Waste, Organic Waste or recyclable
material that is self-generated to a facilitynother
person. Self-Hauler also includes a person who
back-hauls waste, or as otherwise defined in 14
CCR Section 18982(a)(66). Back-haul means
generating and transporting Organic Waste to a
destination owned and operated by the Generator
using the Generator's own employees and
equipment.

CCD. “Share Table” has the same meaning as
in Section 114079 of the Health and Safety Code.

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

CFE. "Solid waste or wastes" include all
putrescible and non-putrescible solid and
semisolid wastes, such as refuse, garbage,
rubbish, garden waste, paper, ashes, industrial
wastes, demolition and construction wastes,
abandoned vehicles and parts thereof, discarded
home and industrial appliances, manure,
vegetable or animal solid or semisolid wastes,
and also includes liquid wastes disposed of in
conjunction with solid wastes at solid waste
transfer/processing stations or disposal sites, but
excludes:

1. Sewage collectedion and treated in a
municipal or regional sewage system.

2. Materials or substances having commercial
value which have been salvaged for reuse,
recycling, or resale.

CGF. "Source Separated" means materials,
including commingled recyclable materials, that
have been separated or kept separate from the
Solid Waste stream, at the point of generation, for
the purpose of additional sorting or processing
those materials for recycling or reuse in order to
return them to the economic mainstream in the
form of raw material for new, reused, or
reconstituted products, which meet the quality
standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR
Section 17402.5(b)(4). For the purposes of this
Chapter, Source Separated shall include
separation of materials by the Generator, property

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owner, property owner's employee, property
manager, or property manager's employee into
different containers for the purpose of collection
such that Source Separated materials are
separated from Gray Container Waste or other
Solid Waste for the purposes of collection and
processing.

CGH. "Source Separated Blue Container
Organic Waste" means Source Separated Organic
Wastes (Paper Products, printing and writing
paper, wood and dry lumber and textiles) that can
be placed in a Blue Container pursuant to 14 CCR
Section 18984.1(a)(2).

CHI. "Source Separated Green Container
Organic Waste" means Source Separated Organic
Waste that can be placed in a Green Container
that is specifically intended for the separate
collection of Organic Waste by the Generator,
excluding carpets, hazardous wood waste, and
Non-Compostable Paper
CIJ. "Source Separated Organic Waste" means
Organic Waste that is placed in a container that is
specifically intended for the separate collection of
Organic Waste by the Generator.

CJK. "Source Separated Recyclable Materials"
means material that is placed in a Blue Container
composed of Source Separated Non-Organic
Recyclables and any Source Separated Blue
Container Organic Waste that is designated by
the City or Permitted Waste Collector for
placement in a Blue Container.

CKL. "State" means the State of California.

CLM. “Supermarket” means a full-line, selfservice 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.

CMN. "Swill" means all animal, vegetable, or
other matter having a food value, from clubs,
hospitals, hotels, restaurants, and public eating
places, which is putrefactive or easily
decomposable and attractive to flies or rodents,
and which has a property value.

CON. "Tenant" means a person who is legally
in control of, but is not necessarily the legal
owner of, a building, or a part of a building or a
dwelling unit or any type of premises.

Synonymous with occupant or lessee. (Ord. 570
§1, 1997)
COP. "Three-Plus Container System" means a
collection system that provides additional
containers or split containers in an existing threecontainer system.

CPQ. “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.

CQR. “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 onsite 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.

CRS. "Waste Evaluation" means an audit of
any waste stream to determine the level of
contamination in the waste stream being
measured, in accordance with the requirements of
14 CCR Section 18984.5(c).

CST. “Wholesale Food Vendor” means a Food
establishment in which Food (including fruits and
vegetables) is received, shipped, stored, prepared
for distribution to a retailer, warehouse,
distributor, or other destination. (Ord. 912 §1,
2022)

8.12.020 Collection of Solid Waste
The City shall collect, transport, and dispose of
all residential solid waste. Commercial and

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industrial solid wastes may be collected,
transported, and disposed of by the City, or by
authorized commercial and/or industrial waste
collectors licensed in accordance with this
Chapter, at the option of the owner, occupant, or
tenant of the premises operating the commercial
or industrial waste. (Ord. 570 §1, 1997)

8.12.030 Storage of Accumulated Garbage
It shall be the duty of every tenant, owner, or
occupant of any private dwelling house; the
keeper of a hotel, restaurant, eating house,
boarding house, or other building where meals
are served; the owner of every flat or apartment
house, trailer camp, motel, auto court, cabin,
business establishment; and every other person
having garbage, rubbish, or waste matter to keep
within the building or on the real property on
which the building is situated, the accumulation
of garbage, rubbish, or waste matter on the
premises during the interval between collections.

These accumulations shall be placed in the
ninety-gallon container, three hundred gallon
container, dumpster, or other container as deemed
appropriate by the City, which shall be supplied
by the City or other authorized commercial or
industrial waste collector. No other type of
garbage container shall be allowed. (Ord. 570 §1,
1997)

8.12.035 Single-Family Generators
With the exception of Single-Family Generators
that meet the Self-Hauler requirements in Section

8.12.090 of this Chapter, aA Single-Family
Organic Waste Generator shall:

A. Subscribe to City’s Organic Waste collection
services for all Organic Waste generated as
described below in Section 8.12.035(B) through
(D). City shall have the right to review the
number and size of a Generator's containers to
evaluate adequacy of capacity provided for each
type of collection service for proper separation
and containment of materials.

B. Adjust its service level for its collection
services as requested by the City.

C. Place designated materials in separate
containers in accordance with the City collection
system. Generator shall not place Prohibited
Container Contaminants in collection containers.

D. Have the option of preventing or reducing
waste generation, managing Organic Waste on
site, or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c) (Ord. 912
§1, 2022)

8.12.040 Collection-Frequency
All residential non-recyclable solid waste shall be
picked up on a one-stop basis at least once a
week. The ninety-gallon garbage containers shall
be placed at curbside no sooner than the evening
before the pickup day. All empty containers must
be removed from curbside by the evening of the
pickup day. (Ord. 570 §1, 1997, Ord. 912 §1,
2022)

8.12.050 Rear Yard Service-Charge
Should any qualified resident request special rear
yard service, then the garbage containers must be
placed within seventy-five (75) feet of the closest
curb, with only one ninety (90) gallon garbage
container being allowed for any such rear yard
service. An additional charge of Five Dollars
($5.00) a month shall be made for any rear yard
service requested and furnished by the City. Rear
yard service shall only be made available to
elderly and/or disabled residents who are unable
to move their garbage container to the curb. The
City at all times shall reserve the right to refuse to
grant a request for rear yard service, should any
special circumstances make it difficult or
impossible to provide such service. (Ord. 570 §1,
1997)

8.12.055 Placement of Containers -
Interference with Traffic Prohibited
Every tenant, occupant, keeper, or owner of the
places of occupancy will be responsible for
placing Ggarbage containers curbsideshall not be
placed in the City streets in such a manner as to
not interfere with vehicular or pedestrian traffic
on the streets or sidewalks adjacent thereto. ,
Garbage containers should be placed at least five
(5) feet away from any parked vehicle or other
obstacles. but shall be placed curbside. Every
tenant, occupant, keeper, or owner of the places

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of occupancy will be responsible for the regular
once-a-week collection of all solid wastes from
the places of occupancy in the City, and shall also
be responsible for the payment of all garbage
service charges made by the City or any other
collector from the places of occupancy or
business. (Ord. 570 §1, 1997)

8.12.060 Unlawful Deposit of Garbage or
Rubbish
It is unlawful for any person in the City to throw
or deposit any solid waste, or to cause the same
to be thrown or deposited, upon any street, alley,
gutter, park, or other public way, or to throw or
deposit the same in or upon any private premises
or vacant lot, or to store or keep the same, except
in containers for pickup as required by this
Chapter. It is unlawful to store, deposit, or keep
solid waste in any place where rodents can have
access thereto or feed thereon. (Ord. 570 §1,
1997)

8.12.070 Burning Garbage ProhibitedException
It is unlawful for any person, firm, or corporation
to burn solid waste at any place within the City.

If allowed by State or County law, the Fire Chief
of the Fire Department shall have the right to
authorize the legal burning of dry rubbish or
garden refuse allowed by law, by written permit
therefore and further provide, that such burning is
not attended by any dense smoke, offensive
odors, or fire hazard. (Ord. 570 §1, 1997)

8.12.080 Burying Garbage Prohibited
It is unlawful for any person to bury garbage,
putrescible wastes at any place within the City.
(Ord. 570 §1, 1997)

8.12.085 Commercial Businesses
A Generator that is a Commercial Business
shall:

A. Subscribe to a City approved collection
services and comply with requirements of those
services as described below in Section

8.12.085(B) through (L), except Commercial
Businesses that meet the Self-Hauler
requirements in Section 8.12.090 of this Chapter.

The City or Permitted Waste Collectors 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 and containment of materials.

A Commercial Business shall adjust its collection
service levels as requested.

B. Place designated materials in separate
containers in accordance with the City or
Permitted Waste Collector's collection system.

Generator shall not place Prohibited Container
Contaminants in collection containers. SelfHaulers shall source separate and haul their waste materials pursuant to 14 CCR Sections 18984.1,
18984.2 or 18984.3.

C. Supply and allow access in common areas to
adequate number, size and location of collection
containers for employees, contractors, tenants,
and customers. Such containers shall have
sufficient labels or colors, consistent with the
City or Permitted Waste Collector’s collection
system. If self-hauling, such labels or colors shall
be consistent with a Commercial Business'
instructions to support its compliance with selfhaul requirements of Section 8.12.090.

D. Provide containers for the collection of
Organic Waste and Source Separated
Recyclables as determined by the City or
Permitted Waste Collector's collection system in
all indoor and outdoor areas where disposal
containers are provided for customers. Such
containers do not need to be provided in
restrooms. If a Commercial Business does not
generate any of the materials that would be
collected in one type of container, then the
business does not have to provide that particular
container in areas where disposal containers are
provided for customers.

Pursuant to 14 CCR Section 18984.9(b), the
containers provided by a Commercial Business
shall have either:

1. A body or lid that conforms with the
container colors provided through the collection
service provided or approved by the City, with
either lids conforming to the color requirements
or bodies conforming to the color requirements or
both lids and bodies conforming to color
requirements. A Commercial Business is not

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required to replace functional containers,
including containers purchased prior to January
1, 2022, that do not comply with the color
requirements of SB 1383 prior to the end of the
useful life of those containers. All containers
must comply by January 1, 2036, and any new
container purchased on or after January 1, 2022
shall follow the color requirements of SB 1383;
or

2. Container labels that include language or
graphic images, or both, indicating the primary
material accepted and the primary materials
prohibited in that container, or containers with
imprinted text or graphic images that indicate the
primary materials accepted and primary materials
prohibited in the container. Pursuant to 14 CCR
Section 18984.8, the container labeling
requirements in this Chapter are required on new
containers commencing January 1, 2022. MultiFamily Residential Dwellings are not required to comply with container placement requirements or
labeling requirements in Section 8.12.085(4)
pursuant to 14 CCR Section 18984.9(b).

E. Prohibit employees, to the extent practical
through education, training, Inspection, or other
measures, from placing materials in a container
not designated for those materials per the City or
Permitted Waste Collector's collection system. If
self-hauling, such education shall follow a
Commercial Business' instructions to support its
compliance with the self-haul requirements of

8.12.090. Multi-Family Residential Dwellings
are exempt from this requirement.

F. Perform periodic Inspections of all containers
provided in the City or Permitted Waste
Collector's collection system for contamination
and inform employees if containers are
contaminated and of the requirement to keep
Prohibited Container Contaminants out of those
containers pursuant to 14 CCR Section
18984.9(b)(3). Multi-Family Residential
Dwellings are exempt from this requirement.

G. Provide information annually to employees,
contractors, tenants, and customers about
Organic Waste Recovery requirements and about
proper sorting of Source Separated Green
Container Organic Waste and (when applicable)
Source Separated Recyclable Materials.

H. Provide education information before or
within fourteen (14) days of occupation of the
premises to new tenants of the requirement to
keep Prohibited Container Contaminants out of
all containers in accordance with the City’s or
Permitted Waste Collector’s collection system. If
self-hauling, such education information shall be
consistent with the self-haul requirements of
Section 8.12.090.

I. Provide or arrange access for City or its
Designee to their properties during all Inspections
conducted in accordance with Section 8.12.253 of
this Chapter, in order to confirm compliance with
the requirements of this Chapter.

J. Accommodate and cooperate with a Remote
Monitoring program, which may be implemented
by the City at a later date. Such a Remote
Monitoring program shall be for Inspection of the
contents of containers for Prohibited Container
Contaminants and shall involve installation of
Remote Monitoring equipment on or in any
container in the City’s or Permitted Waste
Collector's collection system.

K. Implement at its own discretion a Remote
Monitoring program for Inspection of the
contents of the containers that are provided by the
City or a Permitted Waste Collector. Said
program is subject to approval by City.

L. Have the option of preventing or reducing
waste generation, managing Organic Waste on
site, or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).

M. Meet the Self-Hauler requirements in Section

8.12.090 of this Chapter, if a Commercial
Business determines to self-haul. (Ord. 912 §1,
2022)

8.12.090 Self-Haulers
A. Self-Haulers shall source separate all
recyclable materials and Organic Waste from
Solid Waste generated on-site 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 materials to
facilities which recover said materials in
accordance with requirements of 14 CCR
Sections 18984.1 18984.2 and 18984.3:

1. Self-Haulers shall haul their Source
Separated Recyclable Materials to a facility that
recovers such materials.

2. Self-Haulers shall haul their Source
Separated Green Container Organic Waste to a

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Solid Waste facility, operation, activity, or
property that processes or recovers Source
Separated Organic Waste.

3. Alternatively, Self-Haulers may haul Organic
Waste to a High Diversion Organic Waste
Processing Facility.

4. Self-Haulers shall haul Mixed Waste, if
applicable, to a High Diversion Organic Waste
Processing Facility.

5. Self-Haulers shall haul Gray Container
Waste, to a licensed California Solid Waste
Facility.

C. Self-Haulers shall keep a record of the
amount of all waste materials described in

8.12.090(B) delivered to each Solid Waste
facility, operation, activity, or property that
processes or recovers such materials; this record
shall be subject to Inspection by the City. The
records shall include the following information:

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

2. The amount of material in cubic yards or tons
transported by the Generator to each entity.

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 materials
described in 8.12.090(B).

D. Self-Haulers that are Commercial Businesses
(including Multi-Family Self-Haulers) shall
provide information collected in Section

8.12.090(C) to City upon request.

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

8.12.090(C).

F.E. Self-Haulers shall comply with all
applicable sections of the City of Ripon
Municipal Code. (Ord. 912 §1, 2022)

8.12.095 Waivers for Generators
A. De Minimis Waiver:

For Two-Container, Three-Container or ThreePlus Container Systems, the City may waive a Commercial Business's obligation to comply with
some or all of the Organic Waste requirements of
this Chapter if the Commercial Business provides
documentation that the business generates below
a certain amount of Organic Waste material as
described in Section 8.12.095(A)(2) below.

Commercial Businesses requesting a De
Minimis Waiver shall:

1. Submit a City-approved application
specifying the services that they are requesting a
waiver from and provide documentation as noted
in Section 8.12.095(A)(2) below.

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

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

4. Provide City-approved written verification of
eligibility for De Minimis Waiver every five (5)
years, if City has approved De Minimis Waiver.

At least every five years from the date of
issuance, City shall verify through Inspection that
Commercial Businesses are meeting De Minimis
Waivers for compliance with this Chapter.

B. Physical Space Waiver:

The granting of this waiver requires evidence
from the City's own staff, a Permitted Waste
Collector, licensed architect, or licensed engineer
demonstrating that the premises lacks adequate
space for the collection containers required for
compliance with the Organic Waste collection
requirements of Sections 8.12.035 or 8.12.085.

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A Physical Space Waiver may be requested
through the following process:

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

2. For Three-container or Three-plus container
collection systems, provide documentation that
the premises lack adequate space for Blue
Containers and/or Green Containers, including
documentation from its Permitted Waste
Collector, licensed architect, or licensed
engineer.

3. For a Two-container collection system,
provide documentation that the premises lack
adequate space for either Blue Containers or
Green Containers, including documentation from
its Permitted Waste Collector, licensed architect,
or licensed engineer.

4. Provide written City-approved verification to
City that it is still eligible for Physical Space
Waiver every five (5) years, if City has approved
application for a Physical Space Waiver. At least
every five years from the date of issuance, City
shall verify through Inspection that Commercial
Businesses and residences are meeting Physical
Space Waivers for compliance with this Chapter.
(Ord. 912 §1, 2022)

8.12.100 Collection Truck Requirements
Every vehicle used for the collection of solid
waste shall have a metal-lined, water-tight body
and a suitable cover, and shall be operated so as
to prevent the contents from falling or spilling
therefrom. Each vehicle shall be well painted, and
shall be kept in a clean and sanitary condition.
(Ord. 570 §1, 1997)

8.12.110 Supervision of Solid Waste
Collection and Disposal by City
The City Administrator is authorized to supervise
the collection and disposal of solid waste in the
City. The City Administrator or his designated
agent shall receive and investigate all complaints
and endeavor to improve and extend the solid
waste collection service. The City Administrator
or his designated agent shall have the power to
issue any notices or other type warnings or to
issue citations for any violation of any of the
provisions of this Chapter. All disputes between
licensed collectors, City, and producers
concerning charges, service, or any other matter
not otherwise delegated, shall be decided by the
City Administrator. Any person aggrieved by any
decision of the City Administrator shall have the
right to file a written appeal with the City
Council, who shall decide the matter at the next
regular Council meeting. The decision of the City
Council shall be final. The Chief of Police or any
designated and authorized person is directed to
enforce the provisions of this Chapter, and shall
have the right to enter all premises for the purpose
of making any inspection or investigation which
he may deem necessary under the provisions of
this Chapter. (Ord. 570 §1, 1997)

8.12.120 Commercial and Industrial Waste
Collectors - Collection Business- License
Required
A. It is unlawful for any person, firm,
corporation, or association other than the City, or
as specified herein, to collect solid waste within
the City, or transport the same through the streets,
alleys, and public ways of the City, unless such
person, firm, corporation, or association has
obtained a business license from been licensed so
to do by contract or otherwise by the City. The
provisions of this Chapter shall not be applicable
to any person, firm, corporation or other
association to collect solid waste on a not for
profit basis for charitable purposes.

B. Nothing in this Chapter shall be construed to
prohibit any person from transporting his own
solid waste to any site approved for the dumping
thereof outside the City, or to prohibit any person,
building contractor, or subcontractor engaged in
the construction or repair of any building or
structure from removing and disposing of any
solid waste which has accumulated during such
construction or repair if the requirements of
Section 8.12.090 Self-Haulers are met. It is
unlawful for any person, building contractor, or
subcontractor, engaged in the repair,
construction, or demolition of any building or
structure, or part thereof, to fail to remove from
any street, alley, gutter, park, sidewalk, curbing,

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or any public way, building materials, solid
waste, or other rubbish deposited thereon, in
connection with that portion of the repair,
construction, or demolition work under his
special or general supervision. The person,
building contractor, or subcontractor must
remove such building materials or waste matter
within seven (7) days of his final cessation of
work on the building or structure, or part thereof.

C. Nothing in this Section shall be construed to
prohibit any person from removing and disposing
of solid waste when ordered to do so by the City
Administrator, Chief of Police, Fire Department,
health officer, or their authorized representatives,
in order to eliminate a fire hazard or other health
menace immediately. (Ord. 570 §1, 1997, Ord.
912 §1, 2022)

Any permit required by this Section may be
granted by the City Council of the City of Ripon,
and may be subject to such conditions and
stipulations as may be determined by the City
Council. The City Council shall establish, by
resolution, rules and regulations for the
administration of this chapter. Notwithstanding
any other provision of this chapter, any
commercial or industrial waste collector who
prior to January 1, 1997, had by an agreement
adopted by the City Council received
authorization to collect commercial and industrial
waste in the City of Ripon shall be considered
currently permitted and in compliance with this
section for the duration of any such agreement,
and shall be exempt from the payment of permit
fees during the period of validity of such
agreement. Thereafter, said collector(s) shall pay
the annual renewal fee set forth in this Section.

Said permit or permits for any collectors not
previously authorized by the City Council shall
be issued upon majority vote of the City Council.

Any such permit issued pursuant to this Section
shall not be transferable to another person, firm,
or corporation and, in the case of corporations,
the permit shall become void whenever there may
occur a transfer of the majority interest in said
corporation. (Ord. 570 §1, 1997)

8.12.140 Commercial and Industrial Waste
Collector-Permit Fee
In addition to the initial permit fee mentioned in
Section 8.12.130 for the privilege to provide
service pursuant to permit, the commercial and
industrial waste collectors shall pay to the City of
Ripon eight percent (8 %) of the gross revenue
collected for performing commercial and
industrial waste collection services.

For the purpose of this Section only, no such
additional fees will be due and payable to City for
revenues derived from the direct or indirect sale
of reclaimed solid waste or its derivations.

However, this provision shall not be construed to
exempt revenue from any element of the services
to collect such commercial waste.

On or before the fifteenth day of each month, the
commercial waste collectors shall submit to the
Finance Director a statement of gross revenues
collected pursuant to the permit for the preceding
month, with the appropriate remittance in full.

Such statement shall separately show gross
revenue from the sale of reclaimed refuse for the
preceding month.

The commercial waste collector shall, from the
sources of revenue available to the collector
through the granting of the permit, pay all fees
and charges due the City as provided for in this
Subsection. A five percent (5%) penalty shall

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apply to a delinquent payment for the first month,
and a one percent (1%) penalty shall be added for
each succeeding month thereafter until the
delinquent balance is paid in full. (Ord. 570 §1,
1997)

8.12.150 Commercial and Industrial Waste
Collector-Financial Reports to City
Every commercial waste collector who has
obtained a permit to provide commercial and
industrial waste collection services within the
City of Ripon, shall at any time deemed necessary
by the City Administrator make available to City
all accounting records that pertain to any portion
of the commercial waste collector's operations
within the scope of the permit issued pursuant to
Section 8.12.130.

Upon request the commercial waste collector
shall provide City its annual audited financial
statements prepared by an independent certified
or public accountant. The statements shall be
prepared by the independent auditor in
conformance with accepted accounting
principles. Such statements shall be provided to
the City within one hundred twenty (120) days
after the close of the collector's fiscal year. The
financial statements shall clearly indicate the
commercial waste collector's activities within the
City, and the City shall insist that the financial
statements do not reflect any other business
activities that are carried on by the collector in
any other area or jurisdiction other than the City
of Ripon. The City reserves the right to request,
and the commercial and industrial waste collector
shall provide any additional documentation,
itemization, or detail as requested by City, to
verify any amounts reported in monthly revenue
reports and annual financial statements. (Ord. 570
§1, 1997)

8.12.160 (rescinded)
Industrial Waste Collector-Permit Fee
In addition to the initial permit fee mentioned in
Section 8.12.130, for the privilege to provide
service pursuant to permit, the industrial waste
collector shall pay to the City of Ripon eight
percent (8 %) of the gross revenue collected for
performing industrial waste collection services.

For the purpose of this Section only, no such
additional fee will be due and payable to City for
revenues derived from the direct or indirect sale
of reclaimed solid waste or its derivatives.

However, this provision shall not be construed to
exempt revenue from any element of the services
to collect such industrial waste.

On or before the fifteenth day of each month, the
industrial waste collector shall submit to the
Finance Director a statement of gross revenues
collected pursuant to the permit for the preceding
month, with the appropriate remittance in full.

Such statement shall separately show gross
revenue from the sale of reclaimed refuse for the
preceding month.

The industrial waste collector shall, from the
sources of revenue available to the collector
through the granting of the permit, pay all fees
and charges due the City as provided for in this
Subsection. A five percent (5%) penalty shall
apply to a delinquent payment for the first month,
and a one percent (1%) penalty shall be added for
each succeeding month thereafter until the
delinquent balance is paid in full. (Ord. 570 §1,
1997)

8.12.170 (rescinded)
Industrial Waste Collector-Financial
Reports to City
Every industrial waste collector who has obtained
a permit to provide industrial waste collection
services within the City of Ripon shall, at any
time deemed necessary by the City
Administrator, make available to City all
accounting records that pertain to any portion of
the industrial waste collector's operations within
the scope of the permit issued pursuant to Section

8.12.130.

Annually the industrial waste collector shall
provide City with a minimum of fifteen (15)
copies of its annual audited financial statements
prepared by an independent certified or public
accountant. The statements shall be prepared by
the independent auditor in conformance with
accepted accounting principles. Such statements

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shall be provided City within one hundred twenty
(120) days after the close of the collector's fiscal
year. The financial statements shall clearly
indicate the industrial waste collector's activities
within the City, and the City shall insist that the
financial statements do not reflect any other
business activities that are carried on by the
collector in any other area or jurisdiction other
than the City of Ripon. The City reserves the right
to request, and the industrial waste collector shall
provide any additional documentation,
itemization, or detail as requested by City, to
verify any amounts reported in monthly revenue
reports and annual financial statements. (Ord. 570
§1, 1997)

8.12.175 Permitted Waste Collectors and
Organic Waste Facility Operators
A. Requirements for Permitted Waste
Collectors:

1. A Permitted Waste Collector, as a condition
for authorization to collect Waste within the City
of Ripon, shall comply with all collection
requirements contained in SB 1383 Regulations,
including but not limited to: providing approved
collection systems; providing education to
customers; providing equipment, container
labeling, and correct container colors; performing
contamination monitoring; and meeting
prescribed reporting requirements.

2. TheA Permitted Waste Collector shall:
a. Obtain written approval from City to
collect Organic Waste within the City,
pursuant to 14 CCR Section 18988.2.
i. For non-franchised Permitted Waste
Collectors, a written statement from
the Department of Public Works shall
constitute approval.
b. Keep a record of the documentation of
its approval by City to collect Organic Waste
within the City.
c. Identify, through written notice to the
City annually on or before October 31 of each
year, the facilities to which it will transport
each material type from its collection
activities in the City in the following year.

Reported material types shall be identified by
the following categories: Source Separated
Recyclable Materials, Source Separated
Green Container Organic Waste, Mixed
Waste, or Gray Container Waste.
d. Provide container collection services in
the City as specified in 14 CCR, Division 7,
Chapter 12, Article 3.
e. Transport Source Separated Recyclable
Materials to a facility that recovers all Source
Separated Recyclable Materials collected in
the designated container.
f. Transport Source Separated Green
Container Organic Waste to a facility that
recovers Source Separated Organic Waste.
g. Transport Mixed Waste to a High
Diversion Organic Waste Processing
Facility.
h. Perform either Route Reviews or Waste
Evaluations on all Commercial Business
Collection Routes within the City of Ripon
pursuant to Section 8.12.255(Cc) of this
Chapter and the Container Contamination
monitoring requirements of 14 CCR Section
18984.5.
i. Submit a Route Review or Waste
Evaluation plan and methodology annually or
as requested by City for approval.
j. Submit annually a report to City
summarizing the results of each Route
Review with location of each violation
identified.
k. Submit annually to City an overall SB
1383 customer compliance report in a format
approved by City, including a list of noncompliant customer names, addresses and service levels.
l. Develop SB 1383 educational materials,
pursuant to 14 CCR Section 18985.1, for
issue to Commercial Businesses for general
education and for violations of SB 1383
requirements. City shall approve such
materials prior to issue.
m. Issue SB 1383 educational materials
annually to all Commercial Businesses that
are provided Organic Waste collection
service, pursuant to 14 CCR Section 18985.1.
n. Receive annually from City a list of
Commercial Businesses with waivers from
SB 1383 requirements.
o. Provide annually, to the extent of the
Permitted Waste Collector's knowledge, to
City a list of Commercial Businesses without
collection service, in order to assist City in

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monitoring SB 1383 Self-Hauler
requirements.
p. Provide, at request of City, any
information necessary for City to fulfill its
SB 1383 reporting obligations to CalRecycle
as specified in 14 CCR Sections 18994.1 and
18994.2.

3. City may establish, through Resolution by the
City Council, a fee paid by the Permitted Waste
Collector to offset costs incurred by City related
to compliance with this Chapter.

B. Requirements for Organic Waste Facility
Operators and Community Composting
Operations:

1. Owners of facilities, operations, and activities
that recover Organic Waste, including, but not
limited to, Compost facilities, in-vessel digestion
facilities, and publicly-owned treatment works
shall, upon City's request, provide information
regarding available and potential new or
expanded capacity at their facilities, operations,
and activities, including information about
throughput and permitted capacity necessary for
planning purposes. All such entities contacted by
City shall respond within 60 days.

2. Community Composting Operators, upon
City's request, shall provide information to City
to support Organic Waste capacity planning,
including, but not limited to, an estimate of the
amount of Organic Waste anticipated to be
handled at the Community Composting
operation. All such entities contacted by City
shall respond within 60 days. (Ord. 912 §1, 2022)

8.12.180 Monthly Rates and Charges
A. Established. Rates, fees and charges for the
collection services specified in this Chapter are
established, and shall be charged for the
collection of services. The amounts of the rates,
fees and charges for collection services shall be
set by resolution of the City Council. .

A. Established. The monthly charge to be made
by the City or its agent for the collection of solid
waste when placed in containers as provided in
this Chapter shall be as follows:

1. Thirty Six Dollars ($36.00) for all curbside
pickups per ninety (90) gallon containers per
household unit; Fifteen Dollars and Thirty Cents
($15.30) for second container, Three Dollars
($3.00) for a second container used for garden
refuse only as designated by the City, for the
same household unit only when subscribed to a
full year.

2.1.For the health, safety and welfare of the
residents of the City, the ninety (90) gallon
containers must not be overloaded so that the lids
will not close. If more volume is needed, a second
ninety (90) gallon container must be used. If
containers are so overloaded that the lid is not
able to be closed, the garbage and refuse producer
may be cited by the City, and the garbage and
refuse producer charged a surcharge equal to onehalf (½) the normal monthly rate for each violation of residential customers.

3.2.For commercial and industrial containers
where commercial or industrial users overload
any container, the City may cite the garbage and
refuse producer, and for those commercial and
industrial solid wastes which are collected by the
City shall charge a surcharge of one-half (½) the
normal monthly rate for each violation of
commercial users.

4. One Hundred Sixty-Three Dollars and
Twenty Cents ($163.20) for three hundred (300)
gallon containers.

5. The rate schedule for commercial and
industrial solid waste collections by City shall be
as follows for once-a-week pickup on all
collections.
a. Ninety (90) gallon container - Thirty-Six
Dollars ($36.00) per month (there shall be no
second can discount for any commercial
service pickup).
b. Three hundred (300) gallon container -
One Hundred Sixty-Three Dollars and
Twenty Cents ($163.20) per month.
c. Special pickups - one-half the cost of a
regular monthly pickup.

B. Rate Schedule. The rate schedule for
commercial and industrial solid waste collections
by licensed collectors other than the City shall be
set by negotiation between the licensed collectors
and the customer.

C. Rate Reduction. A discount of 20% shall be

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granted to qualified Owners or Occupants whose
household income qualifies as “very low income”
as defined in California Code of Regulations,
Title 25, Section 6926 as may be amended. A
discount of 10% shall be granted to qualified
Owners or Occupants whose household income
qualifies as “lower income” as defined in
California Code of Regulations, Title 25, Section
6928, as may be amended. Owners or Occupants
seeking the discount set forth in this subsection
shall present adequate proof of income status to
the City Clerk, whose decision shall be final.
(Ord. 727 §1, 2005)
C. A solid waste collection fee "poverty level"
exemption is waste generators having a
household income below the "very low income"
limits then in effect at the time of any request for
such an exemption, which limits are periodically
established in San Joaquin County by the United
States Department of Housing and Community
Development for use in connection with Division
31, Housing and Home Finance, Section 500, et
seq, of the Health and Safety Code of the State of
California. Such "poverty level" exemption is
also established in those factual situations where
special conditions warrant the giving of such an
exemption by reason of a particular financial
hardship or inequity or which may be judged by
City to contribute to the general community good
or betterment of the City and its citizens.

Satisfactory proof of such a "poverty level"
income or special circumstances, where
applicable, shall be presented to the City
Administrator or his representative who may then
approve such an exemption. If a poverty level
exemption is granted, the refuse customer shall be
entitled to a thirty-three percent (33%) per month
reduction in the residential garbage and refuse
customer rate to be paid by such a garbage and
refuse user qualifying for the residential "poverty
level" exemption. Such a reduction in the fee
shall continue until such time as the fee rate is
modified or discontinued by action of the City
Administrator by reason of a determination by the
City of a change in the household circumstances
or in the household income which would negate
the "poverty level" exemption previously
granted.

D. Special Charges. When in the opinion of the
City the minimum charge, as provided in this
Section, is insufficient to cover the cost of the
service provided to any commercial or individual
solid waste operator by reason of volume or other
special circumstances, the City may propose a
monthly charge for collection at the
establishment and agree with the owner thereof as
to the particular charge to be madke in each case.

Commercial and industrial solid waste operators
shall pay the full price for each ninety (90) gallon
container used.

E. Rate Modifications. Any fees or charges set
forth in this Chapter may be modified, changed,
or eliminated at any time by the adoption of a
resolution of the City Council. All fees contained
and set forth in any of the provisions of Chapter

8.12 shall be adjusted annually as of the first day
of January of each year hereafter to reflect any
increase or decrease as shown in the San
Francisco Bay Area Cost of Living Index
published and in effect on July 1st of each year
hereafter. The amount of any such increase or
decrease shall be annually added to or subtracted
from the applicable fees as provided for in this
Chapter.

Delinquent Payment. Upon the failure of a solid
waste operator to pay any applicable fee or charge
set forth in this Chapter which is delinquent, or if
the solid waste operator shall violate any other
provision of this Chapter, any one or more of the
following actions authorized in this Section may
be taken by the City to enforce such payment or
correct such violation. In each case where all or
any part of any fee or charge remains unpaid for
twenty-five (25) days after the date of billing, it
shall then be deemed delinquent, and a basic
penalty of ten (10) percent of the total amount of
such bill shall be added to such bill for the first
month of delinquency. In addition, an amount
equal to one percent (1%) per month of the total
amount of such bill thereafter shall be charged for
each month during the time that said bill shall
remain unpaid after its original delinquent date

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and the solid waste operator's account remains in
an open status. (Ord. 570 §1, 1997, Ord. 912 §1,
2022)

8.12.185 Advanced payment discount
A discount not to exceed five percent (5%) may
be given by the Administrative Officer for
garbage accounts paid in February. This payment
shall be for fees for the period of February
through the following January and must be
received by February 11th of any calendar year.

8.12.190 Commingling of MaterialsSeparation of Garden Refuse Garden refuse placed within the designated
container must be cut or trimmed not to exceed
two (2) foot lengths or two inches (2") in
diameter.

Between January 8th and October 14th of each
year, collection of garden refuse which has not
been placed within a designated garden refuse
container may be collected on a weekly basis only
if arrangements have been made by contacting
City Hall. Garden refuse placed at the curb for
collection must be cut or trimmed not to exceed
four (4) foot lengths or six inches (6") in
diameter. The cost for collection is as follows:
1/4 truck load (3 ½ CY ±) $40.00
1/2½ truck load (7 CY ±) $45.00
3/4 truck load (10 ½ CY ±) $50.00
Full truck load (14 CY ±) $55.00
Truckload quantities are not compacted and shall
be determined by city staff. Garden refuse which
has been left at the curb without collection
arrangements shall be ticketed. Refuse producers
will be required to properly dispose of, or make
arrangements for collection of ticketed garden
refuse prior to the next designated garden refuse
collection day. If garden refuse remains, it shall
be collected and the owners will be charged the
designated rate. Ownership of garden refuse will
be established as the residential or commercial
unit directly adjacent to the refuse. (Ord. 570 §1,
1997, Ord. 912 §1, 2022)

8.12.200 Collection of Prunings and
Leaves-Time Period Designated
Between October 15th and January 7th of each
year, or such other period of time as may from
time to time be designated by the City Council,
the following special handling provisions shall
apply for pruning and leaves only. No other solid
waste of any kind shall be deposited among the
pruning or leaves. During the period, all pruning
and leaves may be placed in the gutters curbside
without the necessity of placing the pruning or
leaves in containers. All pruning, however, must
still be cut into lengths not exceeding four (4) feet
and six inches in diameter, and need not be tied
in bundles. Pruning shall be placed separately
from the leaves immediately adjacent thereto.

Other than during the period as set forth in this
Section for the special handling of pruning and
leaves, the regular provisions of this Chapter shall
apply at all times on their handling for the balance
of the year. (Ord. 570 §1, 1997)

8.12.210 Unacceptable Material
Any material which may be deemed to be not
acceptable by the City as provided in this
Chapter, such as large accumulations from yard
cleaning, tree trimmings and removal, and major
house cleaning or wrecking or remodeling debris,
may be removed by the City as a special
collection upon request. All special requests shall
be directed to the City Hall. The special pickup
charge to be made therefor shall be based upon
volume, the difficulty of handling, the time
required for the City crew to make the collection,
haul it to the disposal site, and return to the City
corporation yard. In no event shall this ordinance
be construed as to authorize the disposal by any
person of hazardous materials in any manner
other than in strict compliance with all applicable
laws and regulations pertaining thereto. (Ord. 570
§1, 1997)

8.12.220 Payment and Collection of
Garbage Bills
The charge for the collection of solid waste by the
City as set forth in this Chapter, shall be charged

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and collected from all occupied premises served
by the City within the corporate limits of the City.

The charges for collection of such solid waste
shall be paid at the same time and in the same
manner as City water bills are paid. All rules and
regulations governing the payment and collection
of water bills shall apply in every particular in the
payment and collection of garbage bills. (Ord.
570 §1, 1997)

8.12.225 Temporary Interruption of
Garbage Collection Service
If a residential dwelling unit is vacant and
uninhabited for a period of at least ninety (90)
consecutive days and no residential waste will be
generated on the site, the customer may request a
temporarily interruption of garbage collection
service upon payment of a fee. It is the customer’s
responsibility to immediately restore garbage
collection service when the dwelling unit is again
occupied. If the City finds that someone has
inhabited the residence at any time during this
temporary interruption, the customer will be
obligated to pay the garbage collection service
fees for the entire period along with the request
fee.

8.12.230 Ownership of Garbage
Containers
All ninety (90) gallon, or three hundred (300)
gallon containers, or any other sizewaste
containers supplied by the City to each household
unit or commercial or industrial solid waste
operator shall remain the property of the City.

Any damage to the container due to the
negligence of the user, so as to require a repair or
replacement of the container, shall be the
responsibility of the property owner. The cost to
replace or repair stolen or damaged containers
shall be paid by the property owner. (Ord. 570 §1,
1997)

8.12.232 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.

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.

2. Contract or enter into a written agreement
with Food Recovery Organizations or Food
Recovery Services for: (i) the collection of Edible
Food for Food Recovery; or, (ii) acceptance of the
Edible Food that the Commercial Edible Food
Generator self-hauls to the Food Recovery
Organization for Food Recovery.

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 the City or designated enforcement
entity 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 self-hauled to the Food Recovery
Service or Food Recovery Organization.
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

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Recovery.

D. Nothing in this sectionordinance shall be
construed to limit or conflict with the protections
provided by the California Good Samaritan Food
Donation Act of 2017, the Federal Good
Samaritan Act, or Share Table and school Food
donation guidance pursuant to Senate Bill 557 of
2017 (approved by the Governor of the State of
California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to
Chapter 9 of Part 27 of Division 4 of Title 2 of
the Education Code, and to amend Section
114079 of the Health and Safety Code, relating to
Food safety, as amended, supplemented,
superseded and replaced from time to time). (Ord.
912 §1, 2022)

8.12.234 Requirements for Food Recovery
Organizations, Services, and Jurisdictions
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):

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. Food Recovery Organizations and Food
Recovery Services that have their primary
address physically located in the City of Ripon
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 Jurisdiction it is
located in 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) no later than January 31 of
each year.

D. Food Recovery Capacity Planning

1. Food Recovery Services and Food Recovery
Organizations. In order to support Edible Food
Recovery capacity planning assessments or other
studies conducted by the County, City, special
district that provides solid waste collection
services, or its designated entity, Food Recovery
Services and Food Recovery Organizations
operating in the City shall provide information
and consultation to the City, upon request,
regarding existing, or proposed new or expanded,
Food Recovery capacity that could be accessed
by the City and its Commercial Edible Food
Generators. A Food Recovery Service or Food
Recovery Organization contacted by the City
shall respond to such request for information
within 60 days, unless a shorter timeframe is
otherwise specified by the Jurisdiction. (Ord. 912
§1, 2022)

8.12.238 Procurement
City of Ripon departments, and direct service
providers to the City, as applicable, must comply
with the procurement requirements required by
SB 1383 Regulations (14 CCR, Division 7,
Chapter 12, Article 12) and shall be detailed in
the City of Ripon Procurement Policy. (Ord. 912
§1, 2022)

8.12.240 Failure to Pay Charges

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It is unlawful for any person having solid waste
collected and disposed of by the City as provided
in this Chapter, to willfully fail, neglect, or refuse
to pay for the collecting and disposing of same,
the rate provided in this Chapter to be paid for
such service. (Ord. 570 §1, 1997)

8.12.250 Modification of Rates or Rules
and Regulations.

For the purpose of carrying out the collection of
solid waste in the City, the City Council may, by
resolution, change the rates for the services
contained in this Chapter, or establish any other
rules and regulations necessary to carry out the
intent and purposes of this Chapter. (Ord. 570 §1,
1997)

8.12.253 Inspections and Investigations by
City or its Designees
A. City representatives and their 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 to
confirm compliance with this Chapter. This shall
apply to Organic Waste Generators, Commercial
Businesses, property owners, Commercial Edible
Food Generators, Permitted Waste Collectors,
and Self-Haulers, Food Recovery Services, and
Food Recovery Organizations, subject to
applicable laws.

B. For the purposes of inspecting Commercial
Business containers for compliance with Section

8.12.085(b) of this Chapter, City may conduct
container Inspections for Prohibited Container
Contaminants using Remote Monitoring, and
Commercial Businesses shall accommodate and
cooperate with the Remote Monitoring pursuant
to Section 8.12.085(k) of this Chapter.

C. Regulated entity shall provide or arrange for
access during all Inspections (with the exception
of residential property interiors) and shall
cooperate with City employees or their Designees
during such Inspections and investigations. Such
Inspections and investigations may include
confirmation of proper placement of materials in
containers, records, Edible Food Recovery
activities, or any other requirement of this
Chapter. Failure to provide or arrange for access
to an entity's premises or access to records for any
Inspection or investigation is a violation of this
Chapter.

D. Any records obtained by City during its
Inspections, Remote Monitoring, 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.

E. City representatives and Designees are
authorized to conduct any Inspections, Remote
Monitoring, or other investigations as reasonably
necessary to further the goals of this Chapter,
subject to applicable laws.

F. City shall receive written complaints from
persons regarding any entity that may be
potentially non-compliant with SB 1383
Regulations, including receipt of anonymous
complaints. (Ord. 912 §1, 2022)

8.12.255 Enforcement
A. With the exception of Prohibited Container
Contaminants violations, as addressed under
Section 8.12.255(cC)(2), violation of any
provision of this Chapter may subject the violator
to Enforcement Actions indicated.

B. City may choose to delay Enforcement Action
until such time as a sufficiently large number of
violations, or cumulative size of violations, exist
such that Enforcement Action is a reasonable use
of City staff and resources.

C. Process for Determining Compliance with this
Chapter

1. The City shall monitor compliance with this
Chapter through Compliance Reviews, Route
Reviews, Waste Evaluations, investigation of
complaints, and an Inspection program (that may
include Remote Monitoring).

2. For any incidentce of Prohibited Container
Contaminants found in a Route Review of
commercial or residential containers, the City or
Permitted Waste Collector, as City’s Designee,
shall notice the Generator that a violation has
occurred. Such notice shall be provided
immediately via a cart tag upon identification of
the Prohibited Container Contaminants, or by
other communication within fourteen (14) days

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after determining that a violation has occurred.

If City or its Designee observes Prohibited
Container Contaminants in a Generator's
containers on more than three (3) consecutive
occasions, or six (6) total occasions in any twelve
(12) month period, City may issue a formal
Notice of Violation, followed by civil penalties.

2. With the exception of violations of Container
Contamination addressed under Section

8.12.255(Cc)(2), for any violation of this Chapter
City may issue a Notice of Violation requiring
compliance within 60 days of issuance of the
Notice of Violation, or a shorter time period oif
the City determines the violation constitutes a
risk to public health and safety or a longer time

1. 2.3. period if City determines that
extenuating circumstances exist that make
compliance with the deadline impracticable.

3.4.The City or its designee shall administer and
enforce any and all provisions in this Chapter
related to Edible Food waste, including Sections

8.12.232 and 8.12.234.

4.5.Absent compliance by the violator within the
deadline set forth in the Notice of Violation, City
may commence an action to impose penalties and
fines. Any Notice of Violation shall be sent to the
listed "owner" at their address of record. If no
such address is available, the Notice of Violation
shall be sent to the owner at the address where the
violation occurred or to the party responsible for
paying for the collection services, depending
upon available information.

D. Education Period for Non-Compliance
Beginning January 1, 2022 and through
December 31, 2023, City shall conduct
Inspections, Remote Monitoring, Route Reviews,
and Compliance Reviews, depending upon the
type of regulated entity, to determine compliance
with this Chapter. If City determines that an entity
is not in compliance, City shall provide
educational materials to the entity describing its
obligations under this Chapter and that violations
may be subject to civil penalties starting on
January 1, 2024.

E. Enforcement Table
With the exception of Container Contamination
violations addressed under Section

8.12.255(cC)(2), violation of any provision of
this Chapter, including but not limited to the
violations listed below, City may commence an
action by the City to impose penalties and fines.

Code Section Description of Violation
Single-Family Generator
Requirement:

Section 8.12.035
Single-Family Organic Waste Generator fails to source
separate waste materials into appropriate containers in accordance with City or Permitted Waste Collector’s collection system.

Commercial Business Requirement:

Sections 8.12.085
Commercial Business that does not self-haul, fails to provide or arrange for Organic Waste collection service through a
Permitted Waste Collector.

Commercial Business Requirement:

Sections 8.12.085
Commercial Business fails to supply and allow access to adequate numbers, size, and location of containers and
sufficient signage, labelling, and container color.

Commercial Business Requirement:

Section 8.12.085
Commercial Business fails to provide or arrange for access to its premises for any Inspection or investigation by City.

Licensed Permitted Collector
Requirement:

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LicensedPermitted Collector
Requirement:

LicensedPermitted Collector
Requirement:

Section 8.12.175
A Permitted Waste Collector fails to keep a record of the applicable documentation of its approval by City to collect Organic Waste, as prescribed by this Chapter.

Self-Hauler Requirement:

Commercial Edible Food Generator
Requirement
Section 8.12.232
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.

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Commercial Business, Commercial
Edible Food Generator, Food
Recovery Organization or Food
Recovery Service
Sections 8.12.232 and 8.12.234
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.

Recordkeeping Requirements for
Commercial Edible Food Generator
Section 8.12.232
Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by Section 8.12.232.

8.12.260 Violation - Penalty
A. Penalty Amounts
The penalty levels are as follows:

1. For a fFirst violation, the penalty amount shall
be $50 per violation.

2. For a sSecond violation, the penalty amount
shall be $100 per violation.

3. TFor a third or subsequent violation, the
penalty amount shall be $250 per violation.

B. Penalties assessed may be added to the utility
bills and collected in the same manner as any
unpaid garbage service charges as specified in
Section 8.12.220, including discontinuance of
service.

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259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 03/14/2023
Subject: Staffing Request
RECOMMENDED ACTION:

Approve and authorize the Police Chief to reimburse up to $5,000 per Police Academy Cadet hire for police academy tuition assistance or other related expenses and work with the City Attorney to create a reimbursement request form.

BACKGROUND:

Police Departments across the nation are struggling with recruiting and hiring qualified police officer candidates. The Ripon Police Department has experienced these same struggles, as we have seen low police officer applications being submitted for open positions and the quality of police officer candidates generally being below average, resulting in several hiring cycles to end without the hiring of needed staff.

This staffing phenomenon has had and will continue to have negative impacts on the police department and its current staff with prolonged vacancies, increased mandatory overtime, postponed trainings, delayed promotions and special duty assignments, and restricted time off.

The police department believes that a program that financially assists the police academy cadet applicant in becoming eligible to hold a police officer position with agency by graduating from the police academy will reinforce our commitment to the applicant, demonstrate our department philosophy, and validate our efforts in providing for our staff’s physical and emotional wellness.

DISCUSSION/ANALYSIS:

The police department is requesting the ability to assist with tuition or other academy related expenses for a police officer cadet applicant that is currently enrolled in a legitimate police academy upon passing all phases of the hiring process and being offered a conditional job offer by this agency pending graduation from the police academy.

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Upon the police officer cadet applicant accepting the conditional job offer the Police Chief would have the authority to authorize up to $5,000 in tuition or other academy related costs that would assist the police officer cadet applicant with graduating from the police academy and to be hired by this agency.

The police officer cadet would be required to have check-in conversations with this agency’s FTO Sergeant or his designee on dates and times designated by this agency, and may be required to complete other department tasks such as ride-alongs, attend meetings or complete specific trainings. The FTO Sergeant or his designee will also have check-in conversations with the police officer cadet applicants Recruit Training Officer at the police academy.

If the City Council approves the reimbursement request, staff will create a reimbursement request form that will include a pay back provision if the cadet ultimately rescinds his or her acceptance of the Ripon Police Department job offer.

FISCAL IMPACT:

Up to $5,000 per Police Academy Cadet hire that would be funded through the General Fund.

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Ripon City CouncilMarch 14, 2023

Ripon City Council
March 14, 2023