Sacramento City Council
November 14, 2023

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01450 11/14/2023 Consent Item 44.
(Pass for Publication) Ordinance Amending Various Sections of Chapters 5.68, 8.124, 12.48,

13.10 and 13.24 of the Sacramento City Code, Relating to Solid Waste Management (Code Clean Up and Alignment with SB 1383)
File ID: 2023-01450
Location: Citywide
Recommendation: 1) Review an Ordinance amending various sections of chapters 5.68, 8.124,

12.48, 13.10 and 13.24 of the Sacramento City Code relating to solid waste management; and 2) pass for publication the ordinance title as required by Sacramento City Charter §32 (c), to be submitted to the City Council for adoption on November 28, 2023.

Contact: Erin Treadwell, Program Manager, (916) 808-4934, [email protected]; John Febbo, Integrated Waste General Manager, (916) 808-4949, [email protected], Department of Public Works
Presenter: None.

Attachments:
1 - Description/Analysis
2 - Ordinance (Clean)
3 - Ordinance (Redline)
Description/Analysis
Issue Detail: In the fall of 2020, the Recycling and Solid Waste (RSW) Division brought forward an ordinance (Ordinance No. 2021-003) to add chapter 13.24 for commercial solid waste management.

This was required following the County of Sacramento’s withdrawal from the Sacramento Regional Solid Waste Authority (SWA). The County withdrew from the SWA effective June 30, 2021, requiring the city to assume responsibility, oversight, and management of commercial solid waste collection services within the City. RSW took what was contained in the SWA code and incorporated the majority of its provisions into chapter 13.24 of the city code. This was done due to time constraints, to implement a more seamless transition for haulers who would be required to submit franchise applications to the City, and because the County of Sacramento also would be incorporating most of the SWA code into its own code. The City and County continue to work closely together in regulating commercial haulers so having a similar code and regulations has been viewed as an efficient

File ID: 2023-01450 11/14/2023 Consent Item 44.
approach. The long-term goal is for RSW to continue to obtain input about its oversight, enforcement, management, and reporting requirements in order to provide updates to the city code, when needed, and ensure compliance with ever-changing state requirements for the diversion, collection, and disposal of waste materials.

In the fall of 2021, RSW brought forward another ordinance (Ordinance Number 2021-0031).

Beginning January 1, 2022, state laws required that public agencies implement policies and regulations to divert food waste from landfills. The state regulations, codified under what is known as Senate Bill (SB) 1383, require local jurisdictions to adopt mechanisms to obtain compliance and enforce the requirements of state law related to organic waste generators, commercial edible food generators, and waste haulers. SB 1383 requires residential and commercial customers to separate food waste from garbage. Food waste includes food scraps, food-soiled paper, and compostable plastics. The City already had collection services in place for residential yard waste, so food waste is now deposited in the organic waste container (formerly referred to as the yard waste container).

Commercial properties are also required to separate food waste from garbage and certain commercial edible food generators are required to prevent spoilage of food and have it sent to food recovery organizations, such as food banks.

The proposed Ordinance, attached to this staff report, is part of the long-term objective to continue with updates to the city code to ensure compliance with state regulations relating to diversion of food waste from garbage, to bring the city code into conformity with the requirements of state law, and provide RSW with the authority to engage in the management, oversight, and enforcement of these regulations.

Chapter 13.10 of the City Code applies to residential solid waste. Amendments include revisions to inspection and investigation authority to allow code enforcement officers and other City officials to inspect residential collection containers placed in the public right-of-way to confirm compliance with source-separation requirements. Additionally, proposed amendments provide for residential collection container storage flexibility and allow the solid waste manager to adjust service levels for a property as appropriate. Lastly, many of the proposed changes are to reflect updates in references throughout the City Code to organic waste rather than yard waste or lawn and garden services.

Chapter 13.24 applies to commercial solid waste. With respect to the amendments to this chapter, proposed amendments establish enforcement authority within Chapter 13.24, strengthen business protections within franchised waste hauler service agreement terms related to customer service and service quality, and mandate recycling and organics service at all commercial properties pursuant to SB 1383, with limited exceptions. Franchised waste hauler reporting requirements have been expanded to ensure accurate and standardized service data is received so the City can maintain up- to-date records for education, enforcement, and state reporting purposes. These reporting requirements are aligned with Sacramento County’s reporting requirements to make reporting obligations for haulers and generators similar throughout the region.

File ID: 2023-01450 11/14/2023 Consent Item 44.

Policy Considerations: The amendments to the City Code are consistent with the City’s Climate Action Plan and General Plan in that the proposed recycling and organics diversion requirements mandated by SB 1383 will reduce the City’s solid waste disposal stream, increase landfill disposal capacity, and support the state’s organic waste reduction goals.

Economic Impacts: None.

Environmental Considerations:

California Environmental Quality Act: This action is not a “project” subject to CEQA because it involves administrative matters and will not result in new physical development, direct changes to the physical environment, and any reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines § 15378(b)(5).) Sustainability: The amendments are anticipated to increase the City’s diversion rate and will lower methane emissions associated with the disposal of organic waste in landfills.

Commission/Committee Action: On October 17, 2023, the Law and Legislation Committee reviewed and approved staff’s recommendation to move the Ordinance forward to City Council for consideration.

Rationale for Recommendation: SB 1383 requires jurisdictions to adopt mechanisms to obtain compliance and enforce the requirements of state law related to organic waste generators, commercial edible food generators, and waste haulers. This most recent set of amendments in the Ordinance continues with the City’s efforts to comply with SB 1383, support businesses and stakeholders, and increase diversion within the residential and commercial sectors.

Financial Considerations: The requirements of SB 1383 and the need for local jurisdictions to update their regulations and collection practices are an unfunded state mandate. Costs related to compliance with SB 1383 are borne by local collection agencies and are covered through rates and fees of residential and commercial customers.

Local Business Enterprise (LBE): Not applicable.

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ORDINANCE NO.

Adopted by the Sacramento City Council
Date Adopted

AN ORDINANCE AMENDING, ADDING, AND DELETING VARIOUS SECTIONS OF CHAPTERS 5.68, 8.124, 12.48, 13.10, AND 13.24, OF THE SACRAMENTO CITY

CODE, RELATING TO SOLID WASTE MANAGEMENT
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

Section 5.68.360 of the Sacramento City Code is hereby amended to read as follows:

5.68.360 Maintain area free of trash and provide appropriate receptacles.

While operating a food vending vehicle, a vendor shall maintain the area surrounding the vehicle free of trash and other debris. A vendor shall provide its customers with appropriate receptacles for garbage, mixed recycling, and organic waste and pick up any trash in the area before leaving. A vendor shall not dispose of trash generated by the operation of the food vending vehicle in any public or private garbage, recycling, or organic waste receptacle that is not owned by or leased to the vendor.

SECTION 2.

Section 5.68.365 is hereby added to the Sacramento City Code to read as follows:

5.68.365 Removal and disposal of waste material.

A. No vendor shall operate a food vending vehicle unless the vendor has a contract with a city-franchised waste hauler to collect garbage, mixed recycling, and organics generated by the vendor and its customers.

B. Subsection A does not apply if the vendor self-hauls all waste material generated by the vendor and its customers to a central location such as a restaurant, commissary kitchen, or commercial kitchen. All self-hauled waste materials must be separated into appropriate waste material receptacles for collection.

SECTION 3.

A. Section 8.124.020 of the Sacramento City Code is hereby amended as follows:

1. The definition of “director” is amended to read as follows:
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“Director” means the director of the department of public works or designee.

2. The definition of “waste log” is amended to read as follows:
“Waste log” means a record prepared by the permit holder that details the management of C&D debris generated by the covered project, including but not limited to, the date that the debris was hauled; the weight or volume of the debris; the type of debris ; whether the debris was salvaged, reused, recycled, or disposed; the hauler used; and the sorting or recycling facility where the materials were delivered.

B. Except as amended by subsection A above, all provisions of section 8.124.020 remain unchanged and in full effect.

SECTION 4.

Section 8.124.060 of the Sacramento City Code is hereby amended to read as follows:

8.124.060 Recycling requirements.

A. The permit holder for a covered project shall divert all recyclable C&D debris generated from a covered project by any of the following methods:

1. Re-use of recyclable C&D debris;

2. Collection, transport, and delivery of source-separated C&D debris to a recycling facility;

3. Collection, transport, and delivery of mixed C&D debris to a certified C&D sorting facility.

For purposes of this chapter, no person other than the person who generates the mixed C&D debris, the city, a city-franchised waste hauler, or a permit holder may collect or transport mixed C&D debris generated from a covered project.

B. All containers, bins, or roll-off bins used for the deposit and collection of C&D debris on the project site must be clearly identified with the name of the person providing the containers, bins, or roll-off bins and must meet the color and labeling requirements set forth in section 18984 of title 14 of the California Code of Regulations.

C. During the course of the project, the permit holder shall maintain a waste log and the waste log must be in a form approved by the director. 3 1182870
D. The permit holder shall divert at least 65% of all C&D debris generated by a covered project and document compliance with this requirement in a waste log.

SECTION 5.

A. Section 8.124.070 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is amended to read as follows:

A. The approved waste management plan, waste log, and other related C&D debris management documents shall be made available for inspection within five business days following a request by a city official.

2. Subsection B is amended to read as follows:

B. Within 30 days after final inspection or expiration of the permit for a covered project, the permit holder shall submit to the director a completed copy of the waste log.

B. Except as amended by subsection A above, all provisions of section 8.124.070 remain unchanged and in full effect.

SECTION 6.

Section 8.124.110 of the Sacramento City Code is hereby amended to read as follows:

8.124.110 Regulations.

The director may establish regulations regarding the diversion of C&D debris, including designation of recyclable C&D debris, consistent with state law and the requirements of this chapter.

SECTION 7.

A. Subsection B of section 12.48.080 of the Sacramento City Code is hereby amended as follows:

B. Such application shall be completed on a city form and contain at a minimum the following information:

1. The name of the applicant; the sponsoring organization, if any, with the approval of the sponsoring organization for the applicant to apply for the permit on its behalf; the special event organizer who promotes and manages the special event, if any; and the mailing addresses, e-mail addresses, if any, 4 1182870
and telephone numbers of each of the foregoing persons and organization; and the proposed date, time, duration, and location of the special event.

2. If applicable, the proposed location of the assembly and disbanding areas, the route to be traveled, and the assembly starting and ending times.

3. The nature and purpose of the special event and a description of all of the equipment and planned activities, including, without limitation, all of the following:
a. The sale, distribution, donation, or collection of any merchandise, food, beverages, or services;
b. Cooking of food or open fires;
c. The sale or consumption of alcoholic beverages; d. The use of temporary fencing or temporary structures and whether the fencing or structures will be prefabricated or site built; e. The use of pyrotechnics;
f. The operation of carnival or animal rides and any demonstrations with animals; and
g. The use of specialized recreational equipment that is to be operated as part of an event activity.

4. The approximate total number of anticipated special event participants and the approximate number of participants in each of the following categories:
spectators, staff, volunteers, security personnel, and first aid and medical services personnel.

5. The plan to accommodate vehicle and bicycle parking by participants, including parking for the disabled, reservation or prohibition of on-street parking, and a parking shuttle plan, if applicable. For special events in parks, whether vehicle access into the park is requested, the number of vehicles, the planned path of travel, and whether the vehicle(s) will remain in the park overnight. For special events that will involve temporary street, alley, or sidewalk closures, or temporary on-street parking restrictions, a traffic control and parking management plan consistent with the California Manual on Uniform Traffic Control Devices for Streets and Highways may be required.

6. The plan for collecting garbage, mixed recycling, and organics including the name of the contracted franchised waste hauler; the amount of collection 5 1182870
capacity necessary for garbage, mixed recycling, and organics to accommodate the estimated number of special event participants; and the proposed locations of all collection containers.

7. An event site plan to identify locations and number of all equipment and facilities including, without limitation: temporary fencing; temporary structures; staging, bleachers, portable restrooms, and hand washing stations; cooking facilities; tables and chairs; garbage, recycling, and organic waste containers; electrical and water sources and connections; fuel storage; emergency medical service area(s); pyrotechnics; carnival and animal rides; and specialized recreational equipment. The site plan shall also identify the paths for access by participants, vehicles and emergency vehicles, and the area(s) for the sale or consumption of alcoholic beverages, if applicable.

8. Whether the special event will involve the use of amplified sound, the type, location, and direction of the amplified sound, and the type of amplified sound equipment.

9. For parades, including marches or processions, the maximum parade length; the total number of bands, sound vehicles or musical units, if any, and the type and number of members in each unit; the total number of marching units, if any, and the type and the number of members in each unit; the number of animals, if any, and type; the number of floats, if any, and their size, type and how the floats are powered; and the space between the units and floats and their speed.

10. Any other information that the city manager may reasonably require.

B. Except as amended by subsection A above, all provisions of section 12.48.080 remain unchanged and in full effect.

SECTION 8.

A. Section 13.10.010 of the Sacramento City Code is hereby amended as follows:

1. The definition of “downtown collection area” is hereby deleted.

B. Except as amended by subsection A above, all provisions of section 13.10.010 remain unchanged and in full effect.

SECTION 9.

Section 13.10.030 of the Sacramento City Code is hereby amended to read as follows:

13.10.030 Authority of solid waste manager.
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The solid waste manager may establish and enforce rules and regulations consistent with the provisions of this chapter, and approved by the director, concerning the storage, accumulation, collection, transportation, recycling, reconstitution, recovery, and disposal of refuse. These rules and regulations may, among other things, do the following:

A. Require any person or entity receiving collection service anywhere in the city, whether such service is provided by the city or by another collection service provider, to implement specified measures to prevent the accumulation of refuse outside the containers used by the person or entity, or to prevent the containers from creating a hazard or interference with the use of any public right-of-way. Such measures may include, but are not limited to, requiring that containers be locked, and restricting or prohibiting the placement of containers on city streets, alleys, or sidewalks;
B. Determine the type, frequency, and means of collection service that will cause all refuse to be removed from the property so there will be no accumulation, collection, or keeping of refuse outside of the containers that would create a public nuisance, or health or safety hazard;
C. Determine that a different size container or different number of containers may satisfy the minimum service requirements specified for collection service under this chapter: and
D. Determine the minimum service requirements for a property to maximize waste diversion.

SECTION 10.

Section 13.10.060 of the Sacramento City Code is hereby amended to read as follows:

13.10.060 Liability for payment.

A. Customers to whom collection services are rendered by the city are responsible and liable for payment of the rates, fees, and charges for the collection services, regardless of the actual usage of or the amount of refuse actually deposited in the containers.

B. Even if the solid waste manager determines that a different number of containers may satisfy the minimum service requirements specified for 7 1182870
collection service at a property, each residential dwelling unit must still pay the rates for the minimum level of service.

SECTION 11.

A. Subsection B of section 13.10.070 of the Sacramento City Code is hereby amended to read as follows:

B. Suspension of collection service for vacant property does not apply to street sweeping service or organic waste collection service unless the solid waste manager determines that suspension of the services is warranted where refuse will not be generated or accumulated on a property due to unique or unusual circumstances, and such circumstances pertain to the property itself, not to the property owners or inhabitants.

B. Except as amended by subsection A above, all provisions of section 13.10.070 remain unchanged and in full effect.

SECTION 12.

A. Subsection B.1 of section 13.10.080 of the Sacramento City Code is hereby amended to read as follows:

1. The owner or tenant of a residential property or residential mixed-use property when collecting or transporting refuse generated on the property to a lawful disposal location. This subsection shall not be construed to relieve any person from paying the rates, fees, and charges pursuant to section 13.10.060.

B. Except as amended by subsection A above, all provisions of section 13.10.080 remain unchanged and in full effect.

SECTION 13.

A. Section 13.10.090 of the Sacramento City Code is hereby amended as follows:

1. Subsection E is amended to read as follows:

E. Colored containers.

1. Except as provided in subsection E.1, a person shall place refuse in containers only as follows:
a. Black or gray container: only garbage may be placed in the black or gray container.
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b. Blue container: only recyclables may be placed in the blue container.
c. Green container: only organic waste may be placed in the green container.

2. If a person has received an exemption for recycling or organic waste collection services, the person may place recycling or organic waste in the garbage container.

2. Subsection F is hereby added to read as follows:

F. Any person who violates this section is guilty of an infraction, punishable by a fine in accordance with California Government Code section 36900.

B. Except as amended by subsection A above, all provisions of section 13.10.090 remain unchanged and in full effect.

SECTION 14.

A. Section 13.10.100 of the Sacramento City Code is hereby amended as follows:

1. Subsection C is hereby amended to read as follows:

C. Except when containers are placed for collection service in accordance with subsection B of this section, containers shall be placed out of view from any street, sidewalk, or other public right-of-way by fence, landscaping, building, or other barrier approved by the solid waste manager, except that storage of containers immediately adjacent to the residential building shall satisfy the requirements of this section.

2. Subsection D is hereby amended to read as follows:

D. Except as otherwise provided in this chapter, no container shall be placed, kept, stored, or located on or in any street, sidewalk, alley, or any public place in a manner that (1) impedes traffic or drainage; (2) creates a hazard to public health , safety or welfare; or (3) blocks any doorway of a building.

B. Except as amended by subsection A above, all provisions of section 13.10.100 remain unchanged and in full effect.

SECTION 15.

Section 13.10.190 is hereby added to the Sacramento City Code to read as follows:
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13.10.190 Inspection and investigation authority.

A. The city may inspect any collection container placed in the public right-of- way to confirm compliance with this chapter. This section does not allow the city to enter a private residential property or residential mixed-use property for an inspection without consent or other legal authorization.

B. The city may investigate a complaint received by the city of any violation of this chapter.

C. The solid waste manager may develop a process to accept written complaints from persons regarding a customer who may be violating state mandated diversion requirements or the provisions of this chapter. The process may include receiving anonymous complaints and notifying the complainant of the outcome of their complaint if the identity and contact information of the complainant becomes known.

SECTION 16.

A. Subsection A of section 13.10.220 the Sacramento City Code is hereby amended to read as follows:

A. Residential Property and Residential Mixed-use Property.

1. Each dwelling unit, excluding an accessory dwelling unit as defined in section 17.108.050, shall have one 32-gallon automatic lift container or equivalent, as determined by the solid waste manager.

2. Garbage collection service shall not be less than once per week.

3. Service levels and the number of containers for a property may be adjusted by the solid waste manager to ensure proper collection and disposal of garbage.

B. Except as amended by subsection A above, all provisions of section 13.10.220 remain unchanged and in full effect.

SECTION 17.

Section 13.10.230 of the Sacramento City Code is hereby amended to read as follows:

13.10.230 Garbage removal.
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Notwithstanding section 13.10.220, the owners of residential property and residential mixed-use property shall subscribe to the type and frequency of collection service necessary, in the opinion of the solid waste manager, to prevent the accumulation or keeping of garbage on the property for a period longer than one week, and to meet applicable sanitation requirements.

SECTION 18.

Section 13.10.250 of the Sacramento City Code is hereby amended to read as follows:

13.10.250 Neighborhood cleanup program.

A. Garbage collection service may include neighborhood cleanup programs. The time and manner of deposit, together with any limitation upon the nature and extent of materials to be deposited, shall be determined by the solid waste manager and communicated to the customer or neighborhood where the program is conducted.

B. No person shall place items for collection as part of a neighborhood cleanup program on the street or public right-of-way more than 24 hours prior to the time scheduled for collection.

SECTION 19.

A. Subsection A of section 13.10.320 of the Sacramento City Code is hereby amended to read as follows:

A. Residential Property and Residential Mixed-use Property.

1. Each dwelling unit, excluding an accessory dwelling unit as defined in section 17.108.050, shall have one 32-gallon automatic lift container or equivalent, as determined by the solid waste manager.

2. The frequency of recycling collection service shall be determined by the solid waste manager, consistent with any service level requirements approved or adopted by the city council.

3. Service levels and the number of containers for a property may be adjusted by the solid waste manager to ensure proper collection and disposal of recyclables.

B. Except as amended by subsection A above, all provisions of section 13.10.320 remain unchanged and in full effect.
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SECTION 20.

A. Subsection A of section 13.10.340 of the Sacramento City Code is hereby amended to read as follows:

A. Every owner or tenant of residential property or residential mixed-use property in the city shall source-separate recyclables from other refuse generated on the property. The recyclables shall be deposited only in the recycling container provided by the city.

B. Except as amended by subsection A above, all provisions of section 13.10.340 remain unchanged and in full effect
SECTION 21.

The title of Article IV of chapter 13.10 of the Sacramento City Code is hereby amended to read as follows:

Article IV. Organic Waste Service
SECTION 22.

Section 13.10.400 of the Sacramento City Code is hereby amended to read as follows:

13.10.400 Purpose and findings.

A. The purpose of this article is to mandate organic waste collection services and street sweeping services to protect the public safety, health, and welfare; to ensure that the city continues to meet state-mandated diversion requirements; to reduce landfill dependency; to conserve resources; to reduce greenhouse gas emissions; and to advance the city’s ongoing efforts to create a more sustainable city.

B. The city council finds and determines as follows:

1. The collection and disposal of organic waste and street sweeping, protect the public health, safety, and welfare, by requiring that the accumulation, collection, removal, and disposal of organic waste and street sweeping, be handled in a manner that provides for the greatest good and the least possible inconvenience and impact to the city and city residents;

2. The California Integrated Waste Management Act, commonly known as AB 939 (California Public Resources Code Sections 40000 et seq.), 12 1182870
requires local jurisdictions to divert a minimum of fifty (50) percent of discarded materials away from disposal in landfills;

3. Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organic waste in landfills as a source of methane. The regulations place requirements on public agencies to support achievement of statewide organic waste disposal reduction targets;

4. Public agencies are required to adopt enforceable mechanisms to implement relevant provisions of Senate Bill 1383;

5. The collection of organic waste diverts organic waste away from disposal in landfills, and is a critical component of the city’s ongoing measures to meet the mandatory diversion requirement imposed by state law, and without an effective organic waste collection and disposal program the city would not be able to comply with this requirement; and

6. In addition, providing for the collection of organic waste protects and promotes the public health, safety, and welfare by reducing the city’s dependence on landfills by disposing of organic waste outside of landfills, and thereby reducing costs and environmental effects associated with landfill use.

SECTION 23.

Section 13.10.410 of the Sacramento City Code is hereby amended to read as follows:

13.10.410 Organic waste service and street sweeping for residential properties- Use required.

A. Except as provided otherwise in this chapter, all owners of residential property and residential mixed-use property in the city shall subscribe to organic waste service provided by the city in the manner and in accordance with the provisions of this chapter and chapter 13.12.

B. All owners of residential property and residential mixed-use property in the city, including vacant lots, shall subscribe to street sweeping service if the parcel has concrete curbs and gutters and is contiguous to a public street as provided by 13 1182870
the city in the manner and in accordance with the provisions of this chapter and chapter 13.12.

SECTION 24.

Section 13.10.420 of the Sacramento City Code is hereby amended to read as follows:

13.10.420 Minimum service for residential property and residential mixed-use property.

Subject to applicable federal, state, and local laws and regulations, and other applicable provisions of this chapter, the minimum level of organic waste collection service and street sweeping for residential property is as follows:

A. Each property shall have at least one organic waste container unless otherwise granted an exemption as authorized by this chapter.

B. The frequency of organic waste collection service and street sweeping shall be determined by the solid waste manager, consistent with any service level requirements approved or adopted by the city council.

SECTION 25.

Section 13.10.430 of the Sacramento City Code is hereby amended to read as follows:

13.10.430 Depositing organic waste in city streets.

A. Yard waste:

1. No person may place, deposit, dump, or accumulate, or cause to be placed, deposited, dumped, or accumulated, any yard waste on or in any street, public right-of-way or easement, gutter, curb, or sidewalk within the city, except where it is expressly authorized under this chapter.

2. Customers may place and deposit yard waste in the streets for collection service in connection with the seasonal loose-in-the-street collection service or neighborhood cleanup program, subject to any requirements and limitations established by the solid waste manager.

3. Yard waste deposited in the streets for collection service pursuant to this section must not:
a. Exceed two cubic yards per parcel;
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b. Be placed on any sidewalk, within a set of undulations, or in a manner that impedes traffic or drainage, or creates a hazard to public health, safety, or welfare; or
c. Be placed in the streets for collection service earlier than seven days prior to the scheduled collection day.

B. Food waste:

1. No person shall place food waste on or in any street, public right-of-way or easement, gutter, curb, or sidewalk.

2. No person shall place, deposit, dump, or accumulate any food waste in the yard waste deposited in the street for collection service.

SECTION 26.

Section 13.10.440 of the Sacramento City Code is hereby amended to read as follows:

13.10.440 Organic waste service for commercial properties—Street sweeping service required.

Organic waste from commercial properties shall not be deposited in the streets or in city-provided organic waste containers without obtaining the prior written authorization of the solid waste manager, subject to any limitations and requirements established by the solid waste manager. In authorizing the deposit of yard waste in the streets from commercial properties, the solid waste manager shall determine and specify the minimum level of yard waste collection service, and the time, manner, and place of the deposit. Owners of any commercial property in the city, including vacant lots, shall subscribe to street sweeping service in the manner and in accordance with the provisions of this chapter and chapter 13.12, if the parcel has concrete curbs and gutters and is contiguous to a public street.

SECTION 27.

Section 13.10.450 of the Sacramento City Code is hereby amended to read as follows:

13.10.450 Segregation of organic waste.

A. No person shall place organic waste in the garbage or recyclable containers.

Customers shall source-separate food waste from garbage or recycling generated on the property.
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B. Subsection A does not apply if the customer has been granted an exemption from organic waste collection services pursuant to this chapter. Customers who have been granted an exemption from organic waste collection services may place organic waste only in the garbage container.

C. Nothing in this section prohibits a customer from preventing or reducing waste generation, managing food or yard waste on site, or using a community compositing site pursuant to section 18984.9(c) of title 14 of the California Code of Regulations.

D. Any person who violates this section is guilty of an infraction, punishable by a fine in accordance with California Government Code section 36900.

SECTION 28.

Section 13.10.460 of the Sacramento City Code is hereby amended to read as follows:

13.10.460 Exemptions.

A customer may seek an exemption from organic waste collection services pursuant to waivers authorized in section 18984.11 of title 14 of the California Code of Regulations.

An application seeking an exemption shall be submitted on a form provided by the city.

The solid waste manager shall determine whether to approve the exemption, which may include conducting a site inspection of the property.

SECTION 29.

Article V of chapter 13.10 of the Sacramento City Code is hereby deleted.

SECTION 30.

The title of article VI of chapter 13.10 of the Sacramento City Code is hereby amended to read as follows:

Article V. Old Sacramento Collection District
SECTION 31.

The title of article VII of chapter 13.10 of the Sacramento City Code is hereby amended to read as follows:

Article VI. Emergency Removal of Debris

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SECTION 32.

Article VIII of chapter 13.10 of the Sacramento City Code is hereby deleted.

SECTION 33.

A. Section 13.24.010 of the Sacramento City Code is hereby amended as follows:

1. A definition of “business day” is added to read as follows:

"Business day” means any day other than a Saturday, Sunday, or city holiday.

2. A definition of “broker” is added to read as follows:
“Broker” means a person that, for a fee or other consideration is the customer’s designee or authorized representative identified in a customer service agreement with a franchised waste hauler.

3. A definition of “commercial waste material” is added to read as follows:

“Commercial waste material” means waste material generated by the activities of an owner, operator, tenant, or customer at a business, non-residential property, or multi- family residential property.

4. A definition of “compostable plastic” is added to read as follows:
“Compostable plastic” means plastic material that meets the ASTM D6400 standard for compostability, or as otherwise defined in section 18984.1(a)(1)(A) of title 14 of the California Code of Regulations.

5. The definition of “food material” is deleted.

6. A definition of “food scraps” is added to read as follows:
“Food scraps” means all food, including but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

Food scraps excludes fats, oils, and grease that are source separated from other food scraps.

7. A definition of “food soiled paper” is added to read as follows:
“Food-soiled paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, and pizza boxes.
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8. A definition of “food waste” is added to read as follows:
“Food waste” means food scraps, food-soiled paper, and compostable plastic.

9. The definition of “generator” is amended to read as follows:
“Generator” means the owner or operator of a business, non-residential property, or multi-family residential property that generates waste material as a result of activities conducted on their property.

10. A definition of “missed collection” is added to read as follows:
“Missed collection” means each incident when a franchisee fails to service a container that was accessible for collection on the service day.

11. The definition of “multi-family residential property” is amended to read as follows:
“Multi-family residential property” means any multi-family dwelling, building, or group of buildings containing five or more individual dwelling units on a single parcel. Multi- family complexes include, but are not limited to, apartment complexes, and senior housing or care facilities.

12. The definition of “national contract” is amended to read as follows:
“National contract” means a contract between a solid waste management company and a multi-sited waste generating company that operates throughout the United States.

13. A definition of “residential mixed-use property is added to read as follows:
“Residential mixed-use property” means residential property combined with office, commercial, or retail use on a single parcel.

14. The definition of “responsible party” is deleted.

15. The definition of “service agreement” is amended to read as follows:
“Service agreement” or “customer service agreement” means a written agreement between a franchised waste hauler or authorized recycler and an owner, broker, or generator concerning the collection of waste materials.

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16. The definition of “solid waste” is amended to read as follows:
"Solid waste" means all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, soiled paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Solid waste does not include hazardous waste as defined in California Health and Safety Code section 25117, low-level radioactive waste, or medical waste. Solid waste does not include source-separated recyclable materials or organic materials set out for separate collection for the purposes of recycling, and that are not landfilled.

B. Except as amended by subsection A above, all provisions of section 13.24.010 remain unchanged and in full effect.

SECTION 34.

A. Subsection E of section 13.24.030 of the Sacramento City Code is hereby amended to read as follows:

E. Reporting requirements for franchisees and self-haulers; and B. Except as amended by subsection A above, all provisions of section 13.24.0 30 remain unchanged and in full effect.

SECTION 35.

Section 13.24.040 of the Sacramento City Code is hereby amended to read as follows:

Section 13.24.040 Franchise fee.

A. A franchise fee shall be established by resolution of the city council and shall be in addition to any other fees imposed upon an applicant by this code.

B. Each person engaging in the business of collecting, transporting, or disposing of commercial solid waste kept, accumulated, or generated in the city shall pay a franchise fee to the city.

C. Franchise fees are payable on a monthly basis based on information submitted as part of the monthly reporting requirements set forth in this chapter. Each payment shall be calculated in accordance with this chapter.

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D. Franchise fees must be submitted to the solid waste manager or designee as set forth in the franchise agreement.

E. A written statement provided by a franchisee is not conclusive of the accuracy of the information contained in the statement and does not preclude the city from collecting the sum that is actually due and payable.

F. Payment of franchise fees are in addition to any other license fee or business tax prescribed by other agencies or jurisdictions for the same period.

G. If franchise fees are not paid by the franchisee at the times required by this chapter, then in addition to the franchise fees, the franchisee shall pay a late payment charge in an amount equal to 10% of the franchise fee that is due plus interest at the rate of 1.5% of the delinquent franchise fee for each month in which the franchise fee was not timely paid.

H. Franchise fees are payable on all gross collection revenues collected by a franchisee from its commercial solid waste collection customers located within the city. The franchise fee shall be calculated based on gross collection revenues before a franchisee imposes the franchise fee on its customers. For purposes of this section, gross collection revenues include revenue from the collection of source-separated recyclable material or organic material, if that material was disposed instead of recycled for any reason.

I. The city may require that each franchisee pay a minimum annual franchise fee in an amount set by resolution by the city council. Any franchisee whose total gross collection revenues do not result in a payment of a franchise fee in an amount equal to, or above, the minimum franchise fee set by the city council for that calendar year, may be charged the difference between the franchise fee calculated on its annual gross revenues and the minimum franchise fee.

SECTION 36.

Section 13.24.045 is hereby added to the Sacramento City Code to read as follows:

13.24.045 Fees.

A. The following fees are established and imposed:

1. Franchise application fee;

2. Franchise appeal fee;
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3. Abandoned container fee;

4. Self-haul application fee;

5. Self-haul appeal fee;

6. Administrative enforcement order appeal fee;

7. Re-inspection fee;

8. Late reporting fee; and

9. Inaccurate reporting fee.

B. The city council shall establish by resolution the amounts of the fees specified in subsection A, and any related penalties.

SECTION 37.

Section 13.24.050 of the Sacramento City Code is hereby amended to read as follows:

13.24.050 Collection or transportation prohibited.

Except as authorized by sections 13.24.060 and 13.24.080, no person shall engage in the business of collecting, removing, or transporting commercial waste material, including putrescible organic material, or otherwise organizing, directing, sponsoring, or causing the collection, removal, or transportation of commercial waste material within the city without possessing a valid franchise granted by the city. Brokering any of the services identified in this chapter is lawful if the services brokered are with a franchised waste hauler who possesses a valid city franchise.

SECTION 38.

Section 13.24.070 of the Sacramento City Code is hereby amended to read as follows:

13.24.070 Commercial waste material generators.

A. Except as authorized by section 13.24.060.B, businesses, schools and public agencies, non-residential properties, multifamily properties, the party contracting for waste material removal service, owners, or generators of commercial waste material, may not hire, select, or contract with a person who does not hold a current and valid commercial solid waste collection franchise issued by the city to collect commercial solid waste. An owner or customer must subscribe to a level of solid waste, recyclable material, and organic material collection service, both container capacity and frequency of collection, that:
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1. Complies with the minimum levels of solid waste, recycling, and organic waste services as set forth in this chapter.

2. Adequately meets the waste generation needs, as determined by the solid waste manager.

B. If the solid waste manager determines that it is in the best interest of the city to allow or require a residential or residential mixed-use property that receive residential collection services from the city to contract for collection services from a franchised waste hauler in addition to or in lieu of services provided by the city, the solid waste manager shall provide the property owner with a written determination that includes a requirement to comply with subsection A.

C. The party contracting for solid waste service is responsible for compliance with recycling and organic waste collection requirements. The party contracting for solid waste service may not assign the requirement to subscribe to the appropriate level of recycling and organic waste collection to another business, school, public agency, non-residential property, or multifamily property, including a tenant.

SECTION 39.

A. Section 13.24.100 of the Sacramento City Code is hereby amended as follows:

1. Subsection D is hereby amended to read as follows:

D. Each franchisee shall:

1. Provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment;

2. Utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service; and

3. Provide preventive maintenance and repair of such equipment sufficient to ensure reliability.

2. Subsection E is hereby deleted.

B. Except as amended by subsection A above, all provisions of section 13.24.100 remain unchanged and in full effect.
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SECTION 40.

Section 13.24.110 of the Sacramento City Code is hereby amended to read as follows:

13.24.110 Application for franchise.

A. All applications for franchises pursuant to this chapter must be in writing, including in electronic format, and filed with the solid waste manager.

B. A franchise application fee is required with the submittal of an application package to the solid waste manager.

C. Each application for a franchise must be on a form provided by the solid waste manager, and include the following information:

1. Identification.
a. Name and address of the applicant.
b. Business address, telephone number, and email address of the applicant.
c. Address where all vehicles and operating equipment used within the city are stored.
d. If the applicant is a corporation, partnership, or other entity, the name and residential address of every officer, partner, board member, and any other person with a 10% or greater financial interest in the applicant.
e. If the applicant is a corporation, the name and residential address of the corporation’s directors, date and place of incorporation, location of the main office, names of the major stockholders and associates, and the name and address of the corporation’s parent and subsidiary companies. f. If the applicant is a corporation whose stock is traded on a national exchange, the names of persons owning or controlling less than 10% of the outstanding shares need not be listed in the application and transfers of less than 10% of the outstanding shares need not be reported unless such a transfer results in the transferee owning or controlling 10% or 23 1182870
more of the outstanding shares; provided, however, that upon reasonable request of the solid waste manager, the applicant or party submitting an application shall provide a list of all stockholders or shall provide to the solid waste manager the source material from which the names of such stockholders may be readily obtained.
g. If the applicant is an affiliate or a franchised operation of another corporation (not to be confused in this instance with a solid waste franchisee of the city), the applicant shall list the names and addresses of the parent or subsidiary companies, together with a description of their business interests or ownership.
h. If the applicant is a joint venture or other combination of persons and corporations, identify separately the names and addresses of each member of the joint venture or combined effort, together with their percentage interest.

2. Business operations.
a. The names of the executive, operational, and financial managers to be used in connection with the solid waste collection services together with documentation that such persons, and the applicant, have sufficient experience in solid waste handling to perform solid waste collection services in the city.
b. Attestation that books and accounts of all revenue and income arising out of applicant’s operations will be kept in a manner that conforms to GAAP.
c. A statement that the applicant shall obtain the required insurance prior to commencing business subject to the franchise agreement. d. A statement that the applicant shall maintain and report on a timely basis all operational information and data elements reasonably required by the city to comply with its reporting requirements such as those established in California Public Resources Code sections 40050-40063, and as defined in the franchise agreement.
e. A complete listing and explanation of any civil or criminal rulings or judgments in excess of $5,000, or convictions against applicant, any of applicant’s partners, major stockholders, corporate directors or parent or 24 1182870
subsidiary companies. Applicants that are subject to the periodic reporting requirements of section 13(a) of the Securities Exchange Act, may, in lieu of the information required by sections 13.24.110.C.1.f. and

13.24.110.C.2.d., submit the information reported pursuant to sections 229.103 (legal proceedings) and 229.403 (security ownership of certain beneficial owners and management) of title 17 of the Code of Federal Regulations on the most recent form 10-K filed by the applicant with the Securities and Exchange Commission.

3. Facilities and equipment.
a. A description, including the Vehicle Identification Number (VIN) and California license plate number, of all vehicles and equipment that the applicant owns, has control of, or intends to acquire for the collection, transportation, or disposal of commercial solid waste in the city and which are subject to the provisions of the franchise agreement and whether said vehicles and equipment are self-unloading and equipped with audible automatic back-up warning devices.
b. Evidence demonstrating that the applicant owns or will have access to suitable facilities for keeping vehicles and equipment clean and in good repair, and that the applicant owns or will have access to reasonable office and billing facilities.
c. Evidence demonstrating that the applicant is the registered owner, as defined by California Vehicle Code section 505, of at least one collection vehicle that meets the requirements set forth in section

13.24.440.

4. Financial resources.
a. Applicant shall provide satisfactory proof to the solid waste manager, that the applicant has adequate financial resources to conduct commercial solid waste collection services; or
b. Applicant shall include an irrevocable letter of credit or refundable cash deposit to the city of $500 for each of the vehicles identified in the application.

5. Diversion plan. Each applicant shall submit a diversion plan, including plans for multi-family residential properties, businesses or non-residential properties, 25 1182870
and construction and demolition debris, as applicable, with their franchise application. The diversion plan must comply with the diversion requirements set forth in this chapter and include a plan describing how the franchisee intends to satisfy its diversion requirements by diverting recyclable and organic materials from commercial solid waste that is being disposed of in solid waste facilities.

The diversion plan must identify all facilities where materials will be delivered and processed.

6. Background check. The local executive, operational, and financial managers of the applicant that will be responsible for solid waste collection services within the city may be required to submit to fingerprinting and a criminal background check by the city.

7. Other relevant considerations.
a. Any other evidence that demonstrates that the applicant is able to provide collection and subsequent transportation, or disposal services in accordance with applicable federal, state, and local laws. Such additional information as may be reasonably requested by the solid waste manager. b. During the application or proposal period and during the full term of any franchise, all information contained in the franchise application must be kept up-to-date by the applicant who must file a new verified statement within three business days of any change indicating in detail the nature of any change.
c. The application must be signed by the person applying for the solid waste collection franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation. d. The applicant shall pay any outstanding fees and debts to the city prior to a franchise application being deemed complete, or prior to a franchise renewal.

SECTION 41.

A. Section 13.24.120 of the Sacramento City Code is hereby amended as follows:

1. Subsection C is hereby amended to read as follows:
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C. The solid waste manager shall review such applications and either recommend to the city council to award a franchise, or notify applicant of a denial or incomplete application, within 60 days of receiving an application.

2. Subsection D is hereby amended to read as follows:

D. The solid waste manager shall take into consideration all components of the completed application, including but not limited to:

1. The ability of the applicant to meet all terms of the franchise agreement;

2. Any history of civil or criminal convictions that may compromise the public's interests; and

3. The completeness, accuracy, and validity of the application. In doing so, the solid waste manager may independently verify all statements made and implied in the application, including conducting an on-site interview and inspection of the applicant’s records and recordkeeping methods. The solid waste manager may also request clarification from an applicant of any or all elements of the submitted application.

3. Subsection E is hereby amended to read as follows:

E. Within the 60-day review period, the solid waste manager shall:

1. Deny an application and notify the applicant in writing of the reasons why the application was denied; or

2. Notify an applicant that a recommendation will be made to the city council to award a franchise or a probationary franchise with special terms and conditions; or

3. Execute a provisional franchise, up to 90 days, with special terms and conditions, pending city council authorization to execute a franchise or a probationary franchise with special terms and conditions.

4. Subsection F is hereby amended to read as follows:

F. If the application is incomplete, the solid waste manager shall provide notice to the applicant that the application is incomplete, identifying what information or materials the application lacks in order to be complete. An applicant has 60 days from the date of the notice to complete the application. Failure to submit a complete application within 60 days from the date of the notice amounts to a 27 1182870
denial, with no additional action required by the solid waste manager. Any application submitted more than 60 days after the notice is considered a new application and must be accompanied by the application fee required by this chapter.

5. Subsection G is hereby amended to read as follows:

G. Upon concurrence with a positive recommendation, the city council will award the franchise or will delegate authority to the city manager to award the franchise within a reasonable period of time. The solid waste manager will notify th e applicant in writing of an award of a franchise.

6. Subsection H is hereby added to read as follows:

H. The solid waste manager may refuse to accept a franchise application from an applicant who has had an application for a city franchise rejected within the previous 12 months.

B. Except as amended by subsection A above, all provisions of section 13.24.1 20 remain unchanged and in full effect.

SECTION 42.

A. Subsection A of section 13.24.140 of the Sacramento City Code is hereby amended to read as follows:

A. An applicant may appeal the denial of a franchise by submitting a written appeal to the solid waste manager within 20 calendar days from the date of service of the solid waste manager’s written decision. The written appeal must be accompanied by a nonrefundable appeal fee in an amount established by city council resolution. The written appeal shall contain:

1. A brief and concise statement explaining why the decision is being contested and any material facts supporting the contentions of the appellant;

2. A brief and concise statement of the reasons why the decision should be reversed or set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and
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4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal.

B. Except as amended by subsection A above, all provisions of section 13.24.140 remain unchanged and in full effect.

SECTION 43.

A. Section 13.24.220 of the Sacramento City Code is hereby amended as follows

1. Subsection A is hereby amended to read as follows:

A. Any franchisee may appeal the solid waste manager’s decision to terminate or suspend a franchise or deny a franchise renewal by submitting a written appeal to the solid waste manager within 20 calendar days after the decision is communicated to the franchisee.

2. Subsection B is hereby amended to read as follows:

B. If no appeal is taken within 20 calendar days after the solid waste manager’s decision is communicated to the franchisee, the decision of the solid waste manager is final.

B. Except as amended by subsection A above, all provisions of section 13.24.220 remain unchanged and in full effect.

SECTION 44.

Section 13.24.240 of the Sacramento City Code is hereby amended to read as follows:

13.24.240 Calculation of franchise fee from source-separated materials.

A. Gross collection revenues from the collection of source-separated recyclable material and source-separated organic material may be excluded from gross collection revenues for the purposes of calculating franchise fees, provided those revenues are only from source-separated recyclable materials and source- separated organic materials and are collected and characterized by weight in a manner satisfactory to the solid waste manager.

B. Gross collection revenues from the collection of solid waste from any public agency within the city are not subject to franchise fees. 29 1182870
C. Franchise fees are payable on all gross collection revenues collected by a franchisee from its commercial solid waste collection customers located within the city. Franchisees must notify the city of the landfilling of source-separated recyclable and organic materials, including identifying the generator of those source-separated materials.

D. Disputes over whether gross collection revenues from the collection of source- separated materials should be excluded from the calculation of franchise fees shall be resolved by the solid waste manager.

E. The solid waste manager’s decision may be appealed in accordance with sections

13.24.140 through 13.24.170.

SECTION 45.

Section 13.24.250 of the Sacramento City Code is hereby deleted.

SECTION 46.

Section 13.24.260 of the Sacramento City Code is hereby amended to read as follows:

13.24.260 Use of franchise fees.

City franchise fees will fund administrative, implementation, and enforcement costs related to managing waste material. These fees may also be used to fund: the city’s legacy landfill program including closure and liability costs; costs for litter crews in commercial corridors; and programs for waste material collection and disposal related to illegal dumping on public rights-of-way and city property.

SECTION 47.

A. Section 13.24.270 of the Sacramento City Code is hereby amended as follows:

1. Subsection B is hereby amended to read as follows:

B. Franchisee shall provide the required level of recycling and organic material recycling services to each of its customers unless that customer has obtained an exemption to franchisee- provided service from the city.

2. Subsection D is hereby amended to read as follows:

D. Customer service agreements shall be provided to the customer by the franchisee upon request. Customer requests may be submitted by telephone, mail, or email. 30 1182870
Franchisee shall provide a copy of the service agreement to the customer within five business days of receiving a request.

3. Subsection E is hereby added as follows:

E. If a franchisee intentionally provide s a customer with inaccurate information regarding required service levels of either recycling or organic material recycling and the customer signs up for less than minimum service, the customer may terminate the customer service agreement with no penalties.

B. Except as amended by subsection A above, all provisions of section 13.24.270 remain unchanged and in full effect.

SECTION 48.

Section 13.24.280 of the Sacramento City Code is hereby amended to read as follows:

13.24.280 Reporting requirements.

A. Due dates for reports are as follows:

Report: Due Date
Monthly Revenue Report On or before the first business day of the second calendar month immediately following
the reportable month.

Quarterly Tonnage Report On or before the first business day of the second calendar month immediately following
the reportable quarter.

Quarterly Generator Report On or before the 15th calendar day of the month immediately following the close of the
reportable quarter.

Quarterly Account Status
Report
On or before the fifth business day after the
city sends the report to the franchised waste
hauler for completion.

Diversion Plan Progress
Report
On or before the 15th calendar day of the
month immediately following the close of the
reportable quarter.

Contamination Monitoring,
Recordkeeping, and
Reporting Quarterly Report
On or before the 15th calendar day of the
month immediately following the close of the
reportable quarter.

Additional required reports At the written direction of the solid waste manager.
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B. Any report required under section 13.24.280.D that is not filed by the required due date is delinquent. If a report remains delinquent for more than 15 days, the solid waste manager may terminate or suspend the franchise as authorized by this chapter. In the event of unusual circumstances, the solid waste manager may grant a continuance to a franchisee to file a report.

C. A delinquent report fee shall be in addition to any franchise fees or other charges payable by the franchisee for the same period of time.

D. A franchisee shall file the following reports in the format and manner as required by the solid waste manager:

1. Monthly revenue report: a monthly report of the revenue generated by franchisee related to commercial solid waste collected, transported, diverted, or disposed within the city.

2. Monthly generator compliance report: a monthly report of the compliance status of all its customers within the city.

3. Quarterly generator report: a quarterly report of the service levels and other collection information of all its customers within the city. This report shall identify, at a minimum, the following:
a. The total number of businesses and non-residential property customers receiving service;
b. The total number of business and non-residential property customers receiving service who source separate recyclable materials;
c. The total number of multi-family residential property customers receiving service;
d. The total number of multi-family residential property customers receiving service who source separate recyclable materials and organic materials;
e. Jurisdiction identifier: unique identifier for each generator issued by city; and
f. Standard address format.
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4. Quarterly account status report: a quarterly report confirming open and closed accounts.

5. Quarterly tonnage report: a quarterly report of the quantities of commercial solid waste collected, transported, diverted, or disposed within the city. This report shall contain the following information:
a. The commercial solid waste tonnage collected and removed during the previous quarter;
b. The commercial solid waste tonnage collected and removed during the previous quarter that was diverted and the location of the facility where the solid waste was diverted;
c. The commercial solid waste tonnage collected and removed that was disposed of during the previous quarter and the location of the disposal facility where the disposal of such waste occurred; d. The total number and individual identification and address of all customers the franchisee serves and whether those customers subscribe to recycling or organic material recycling services; and e. The progress in implementing its diversion plan and achieving the diversion performance requirements set forth in section

13.24.310.

6. Quarterly route contamination review report: a quarterly report documenting collection routes that have been reviewed for contamination and the results.

E. Franchisees may use information supplied by diversion facilities to meet the requirements of this section.

F. All franchisees shall maintain records in the format and manner as required by the solid waste manager pertaining to the number and types of accounts served by the franchisee. This information shall be provided to the solid waste manager upon request. If upon review of this information by the solid waste manager it is determined that the franchisee has claimed credit for the diversion of solid waste that is already being diverted by a third party for purposes of satisfying the diversion requirements set forth in section 13.24.310, such action by the 33 1182870
franchisee shall constitute cause for termination or suspension of the franchise pursuant to section 13.24.210.

G. The solid waste manager shall establish guidelines, forms, and other appropriate material to assist franchisees in preparing the reports required by this chapter.

H. The solid waste manager may require other reports as needed to ensure compliance with state or federal law.

I. All required franchisee reports must contain data that is accurate, correct, and complete. If inaccurate data is identified within a report, an inaccurate reporting fee shall be assessed. Fees will be added to the next monthly revenue invoice.

J. In addition to any other remedy available under this chapter, a late fee per day for each customer account will be imposed for any report that is not submitted within the time required to the solid waste manager. Fees will be added to the next monthly revenue invoice.

SECTION 49.

A. Subsection A of section 13.24.290 of the Sacramento City Code is hereby amended to read as follows:

A. Except as provided in section 13.24.310 and except to meet the one-truck requirement of section 13.24.110.C.3.c, no franchisee shall, by contract, subcontract, or otherwise, share with another franchisee any office space associated with operation under a franchise.

B. Except as amended by subsection A above, all provisions of section 13.24.290 remain unchanged and in full effect.

SECTION 50.

Section 13.24.300 of the Sacramento City Code is hereby amended to read as follows:

13.24.300 Diversion plan.

A. Each franchisee shall submit a diversion plan to the city on an annual basis, no later than December 31st of each year. The diversion plan shall include a detailed description of how the franchisee intends to comply with the diversion requirements set forth in section 13.24.310and must include: a description of the methods the franchisee intends to use; the facilities the franchisee intends to utilize; and the customer education and outreach efforts the franchisee 34 1182870
intends to implement to satisfy its diversion requirements. The city shall establish guidelines, forms, and other appropriate material to assist franchisees in preparing the diversion plan.

B. Within 90 days from the date of receipt of a diversion plan, the city shall determine whether the diversion plan complies with the requirements of this chapter and, based on that determination, shall approve or disapprove the diversion plan. If the city fails to make a determination within such 90-day period, the city shall be deemed to have approved the diversion plan.

C. If the city disapproves a diversion plan, the City shall issue a notice of deficiency to the franchisee that identifies the specific reasons for the deficiency and specific recommendations on how to correct the identified deficiencies. Within thirty 30 days of receipt of the notice of deficiency, the franchisee shall correct the deficiencies and submit a revised diversion plan.

D. If the city determines that the revised diversion plan still fails to meet the requirements of this chapter, the failure to correct the deficiencies constitutes cause for termination or suspension of its franchise pursuant to section

13.24.210.

E. The failure to file a diversion plan constitutes cause for automatic termination, without the ability to file an appeal, of a franchise pursuant to section 13.24.210.

SECTION 51.

A. Section 13.24.330 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is hereby amended to read as follows:

A. Each franchisee shall maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this chapter; all waste material collected, transported, or disposed of; the source of such waste material; the final destination of such waste material; and all current customer service agreements. Franchisee's books, accounts, and records, including customer service agreements, reasonably necessary for the enforcement of this chapter and the franchise agreement must be made available for inspection, examination, and audit during normal business hours by authorized officers, employees, and agents of the city. The solid waste manager must give written notice at least three days prior to any inspection, audit, or examination of these records.

2. Subsection B is hereby amended to read as follows:
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B. Each franchisee shall establish and maintain internal controls compliant with GAAP and be able to comply with the city reporting requirements for the monthly Revenue Electronic Reporting Form (RERF) and quarterly reports. Such internal controls must include measures to record, document, and make available to the solid waste manager:

1. Weights and volumes of all waste material collected from the city by the franchisee’s service accounts, detailed by each customers’ location or locations;

2. Collection truck driver’s logs or routing sheets, indicating the collection vehicle license plate number, driver’s full name, service date, collection locations with container sizes, and the name and location of the disposal or recycling facilities where collected materials were disposed of or recycled;

3. A list of customer accounts in the city with customer addresses and contact information for the reporting period, including customers specifically subject to mandatory commercial recycling requirements in California Public Resources Code sections 42649.2 and 42649.81;

4. A summary and copies of all the invoices related to commercial waste material collection within the city;

5. A summary and copies of all weight tickets issued by the disposal or recycling facilities for all solid waste, recyclable materials, or organic materials collected from the city for the reporting period. The weight tickets must include the franchisee’s company name or other adequate identifier, as well as the jurisdiction of origin of the solid waste, recyclable material, or organic material printed legibly on it;

6. A record of jurisdiction of origin of the solid waste, recyclables, or organic materials on all weight tickets; and

7. A report linking weight tickets to the franchisee’s service locations, including job sites, and customer’s invoice numbers.

B. Except as amended by subsection A above, all provisions of section 13.24.330 remain unchanged and in full effect.

SECTION 52.

A. Section 13.24.340 of the Sacramento City Code is hereby amended follows:

1. Subsection A is hereby amended to read as follows:

A. All waste material containers must have tightly fitted covers and must not leak or permit the escape of odors. The solid waste manager may require special 36 1182870
container equipment or container labeling with customer identifying information, in designated areas. Special equipment may include, but is not limited to, functioning locking mechanisms. Notwithstanding the requirements of this section:

1. Generators are not required to set out or store recyclable or organic materials together with solid waste; and

2. Generators are allowed to appropriately store recyclable or organic materials for collection separate from solid waste.

2. Subsection B is hereby amended to read as follows:

B. Every franchisee shall ensure that containers are clearly identified with the name, or recognizable corporate or company logo, and phone number of the franchisee that is legible from a distance of 50 feet. Containers must identify the type or types of waste material for which it is intended to be used. Containers must be kept free of graffiti.

3. Subsection C is hereby amended to read as follows:

C. All containers used for the collection of waste materials must meet the requirements of this chapter and must be franchisee-owned or generator- owned, such as a grocery store chain or construction contractor that generates waste and owns their own containers.

B. Except as amended by subsection A above, all provis ions of section 13.24.3 40 remain unchanged and in full effect.

SECTION 53.

Section 13.24.360 of the Sacramento City Code is hereby amended to read as follows:

13.24.360 Office required.

Every franchisee shall maintain an office where the agent or representative of the franchisee can be reached by email and telephone 9:00 a.m. through 5:00 p.m. Pacific Standard Time, Monday through Friday, legal holidays excepted.

SECTION 54.

A. Section 13.24.370 of the Sacramento City Code is hereby amended as follows:

1. Subsection B is hereby amended to read as follows:
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B. Public agencies owning or having an interest in a solid waste disposal site are exempt from the requirements of this chapter.

2. Subsection C is hereby deleted.

B. Except as amended by subsection A above, all provisions of section 13.24.370 remain unchanged and in full effect.

SECTION 55.

Section 13.24.410 of the Sacramento City Code is hereby amended to read as follows:

13.24.410 Insurance.

A. Each franchisee must maintain, at its own expense, insurance coverages, as provided in the franchise agreement or as established from time to time by the city. All required insurance must remain in effect and uninterrupted through the term of the franchise agreement.

B. The following insurance coverage is required for each franchisee: Commercial General Liability; Automobile Liability; and Workers’ Compensation as required by law with Employers’ Liability. Pollution insurance may also be required based on a franchisee’s business operations.

C. The city, its officers, agents, and employees must be covered by policy terms or endorsement as additional insureds regarding general liability and automobile liability arising out of the activities performed by or on behalf of the franchisee.

D. A franchisee’s insurance must be primary insurance as it pertains to the city, its officers, agents, and employees and self-insurance or insurance maintained by the city will not be contributory.

E. A franchisee shall provide the city with 30 days’ written notice prior to cancellation or material change in the policy language or terms of any insurance.

F. The franchisee shall furnish the city with certificates of insurance and endorsements evidencing the insurance required prior to the issuance of any franchise as well as renewal certificates or insurance and endorsements.

G. Any act, omission, or circumstance which results in the holder of a franchise being out of compliance with the requirements of this section during the term of the franchise is grounds for the immediate suspension of the franchise, without 38 1182870
advance notice or hearing, pending re-establishment of compliance by the franchisee with the requirements of this section.

SECTION 56.

Section 13.24.420 of the Sacramento City Code is hereby amended to read as follows:

13.24.420 Abandoned containers.

A. The franchisee that owns a waste material container that the solid waste manager determines is abandoned will be charged the costs for the collection, emptying, and storage of the container.

B. After the city has collected an abandoned container, the city will notify the franchisee of the abandoned container’s location and may charge a daily storage fee until the franchisee retrieves the container.

C. If the franchisee does not retrieve the container from the city within 30 days of being notified, the container will be disposed of as authorized by the city code for lost or unclaimed property.

D. Any costs or fees related to the collection, emptying, or storage of an abandoned container is due as part of the franchisee’s monthly payment to the city. Costs and fees will be added to the next monthly revenue invoice.

SECTION 57.

A. Subsection C of section 13.24.440 of the Sacramento City Code is hereby amended to read as follows:

C. The franchisee must be the registered owner, as defined by California Vehicle Code section 505, of all vehicles used in the collection, removal, or transportation of commercial solid waste in the city under their franchised operations.

B. Except as amended by subsection A above, all provisions of section 13.24.440 remain unchanged and in full effect.

SECTION 58.

Section 13.24.460 of the Sacramento City Code is hereby amended to read as follows:

13.24.460 Solid waste and recycling requirements at special events. 39 1182870
In addition to the special event requirements set forth in chapter 12.48, the following requirements shall apply to a special event that requires waste material containers:

A. Containers:

1. A special event applicant shall subscribe to solid waste, recycling, and organic waste collection services from a franchised waste hauler for disposal and diversion. A copy of the customer service agreement with the franchised waste hauler shall be provided to the city as soon as possible prior to the start date of the event.

2. Solid waste, recycling, and organics containers shall be conveniently located so they are available and accessible for all event attendees and event staff.

3. Organics containers shall be placed in all areas where solid waste containers are provided, except for restrooms.

4. Each container must be properly colored (either the lid or body of the container) with solid waste containers being black or grey, recycling containers being blue, and organic waste containers being green or brown.

5. Each container shall be labeled indicating the type of material to be collected in the container and, either in text or graphics, indicate the primary accepted materials and materials not accepted.

6. Containers for the collection of organic waste shall be placed in all areas where food is prepared, served, and consumed. If food trucks will be present at the event, they shall only be required to provide an organic waste collection container in the immediate vicinity of their location. The applicant will still be required to provide organic containers for the event as a whole.

B. Collection practices:

1. An applicant is solely responsible for: arranging for collection services sufficient for the type and size of the event; servicing containers not provided by the franchised waste hauler; placement of the containers at the event; event staffing levels; job assignments; servicing containers 40 1182870
during an event with sufficient frequency by event staff to avoid overflowing of containers; replacing of container bags during the event; keeping containers unobstructed for the franchised waste hauler to service; and removal of containers following completion of the event.

2. On-site food vendors shall be responsible for: maintaining a debris-free area around their food vending site; providing their customers with appropriate receptables to separate their solid waste, recyclables, and organic waste; and pick-up any debris in their surrounding area prior to departing. Food vendors shall not dump any waste generated by their food site into any public or private waste receptacle that is not owned by or leased to the vendor.

C. Event thresholds:

The solid waste manager will establish service levels for an event based on factors including, but not limited to, the type of the event, number of attendees, number of vendors, and type of activities that generate waste materials.

1. For an event attended by between 500 to 2,000 people (event attendees, staff, and vendors), the applicant will be required to submit a waste management plan outlining their waste collection practices and container locations at the event. The waste management plan will need to be approved by the city before the special event permit will be issued.

2. For an event attended by over 2,000 people (event attendees, staff, and vendors), in addition to the requirements in subsection C.1, within 60 days after conclusion of the event, an applicant shall also provide a post- event report detailing the amount or volume of solid waste, recyclables, and organics collected. Failure to provide a post-event report may result in the denial of future requests for special event permits by the applicant.

SECTION 59.

Section 13.24.470 of the Sacramento City Code is hereby deleted.

SECTION 60.

Section 13.24.480 of the Sacramento City Code is hereby deleted.

SECTION 61.
41 1182870
A. Section 13.24.490 of the Sacramento City Code is hereby amended as follows:

1. Subsection D is hereby deleted.

2. Subsection E is hereby deleted.

B. Except as amended by subsection A above, all provisions of section 13.24.490 remain unchanged and in full effect.

SECTION 62.

Section 13.24.500 of the Sacramento City Code is hereby deleted.

SECTION 63.

A. Section 13.24.510 of the Sacramento City Code is hereby amended as follows:

1. Subsection A.4 is hereby amended to read as follows:

4. Source separate organic materials from solid waste and subscribe to the minimum service level of organic material collection service as required in this chapter, at a minimum on a weekly basis.

2. Subsection J is hereby amended to read as follows:

J. Within 14 days of occup ying the premises, each business and non -residential property must provide new tenants with information about source -separation requirements of recyclable and organic materials, and locations, and rules governing the use of containers and provide information on an annual basis to existing tenants. Proof of compliance with this section shall be provided to the city upon request.

3. Subsection K is hereby added to read as follows:

K. The owner or operator of a business or non -residential property that uses the services of a broker remains responsible for complying with the provisions of this chapter.

B. Except as amended by subsection A above, all provisions of section 13.24. 510 remain unchanged and in full effect.

SECTION 64.

A. Section 13.24.520 of the Sacramento City Code is hereby amended as follows:

1. Subsection A.1 is hereby amended to read as follows:
42 1182870

1. Source separate recyclable materials from solid waste and subscribe to the minimum level of recycling collection service as required in this chapter, which at a minimum shall be on a monthly basis;

2. Subsection A.5 is hereby added to read as follows:

5. Source separate organic material from solid waste and subscribe to the minimum level of organic material collection service as required in this chapter , which at a minimum, shall be on a weekly basis.

3. Subsection I is hereby amended to read as follows:

I. Within 14 days of occupying the premises, each multi-family residential property must provide new tenants with information about source -separation requirements of recyclable and organic materials, and locations, and rules governing the use of containers and provide information on an annual basis to existing tenants.

4. Subsection J is hereby added to read as follows:

J. The city may request copies of any educational outreach material provided to tenants and proof that the materials were distributed to tenants. Proof of compliance with this section shall be provided to the city upon request within 10 business days.

5. Subsection K is hereby added to read as follows:

K. An owner or operator of a multi-family residential property that uses the services of a broker remains responsible for complying with the provisions of this chapter.

B. Except as amended by subsection A above, all provisions of section 13.24.520 remain unchanged and in full effect.

SECTION 65.

Section 13.24.525 of the Sacramento City Code is hereby added to read as follows:

13.24.525 On-site container storage requirements.

A. Each multi-family residential property or business shall ensure that waste material containers are stored within a structure on the property, within a trash enclosure, in an alley adjacent to the property, or, if not feasible, in the section of the alley closest to the property. Exceptions to this subsection may be 43 1182870
approved by the solid waste manager. The franchised waste hauler is solely responsible for obtaining all required permits or other approval from the city when a container is stored on public property.

B. All solid waste containers must be water-tight, have tightly fitted covers, and must not leak or allow odors to escape. The solid waste manager may require special container equipment or container labeling with customer-identifying information, in designated areas. Special equipment may include, but is not limited to, functioning locking mechanisms.

C. Notwithstanding the requirements of this section, generators are not required to set out or store recyclable or organic materials together with solid waste.

Generators may appropriately store recyclable or organic materials for collection separate from solid waste.

D. Each multi-family residential property or business shall ensure waste material containers are of sufficient size and serviced with adequate frequency to meet the solid waste, recyclable materials, and organic material generation demands of the premises as set forth in this chapter.

SECTION 66.

A. Subsection A.3 is hereby added to section 13.24.530 of the Sacramento City Code to read as follows:

3. Containers, whether located on private property or in the public right-of-way including alleys, must be kept free from overflowing waste material that impedes passage on a public right-of-way or that creates a hazard to public health, safety, or welfare.

B. Except as amended by subsection A above, all provisions of section 13.24.530 remain unchanged and in full effect.

SECTION 67.

Section 13.24.560 of the Sacramento City Code is hereby amended to read as follows:

13.24.560 Hours of collection.

Containers may be collected within residential areas or within mixed residential and commercial areas of the city only between the hours of 6:00 a.m. and 8:00 p.m. of the same day, and elsewhere within the city only between the hours of 44 1182870
4:00 a.m. and 8:00 p.m. of the same day. The solid waste manager may further restrict the hours of collection of commercial waste materials by franchised waste haulers in designated areas or through the terms of a franchise agreement. A franchised waste hauler collecting containers in violation of this section is subject to an enforcement action and remedies available under this chapter.

SECTION 68.

Section 13.24.570 of the Sacramento City Code is hereby amended to read as follows:

13.24.570 Franchised waste hauler service agreements.

A. A franchised waste hauler shall not provide a customer with services before the customer signs a customer service agreement. If the customer service agreement is between a franchisee and a broker, the broker’s signature is not required before commencement of services.

B. Every service agreement must comply with the following:

1. Be clearly labeled as a service agreement.

2. Clearly describe the services to be provided by the franchised waste hauler and the cost for providing such services to the customer.

3. Clearly state the dates of the initial term and renewal terms.

4. Allow for any term that is mutually agreed to by the customer and the franchised waste hauler but recognizing that the hauler’s franchise must remain in full force and effect throughout the term of the agreement.

5. Automatic renewal for successive periods of no longer than one year, unless either party gives written notice of termination by mail or email at least 30 days prior to termination date of the current agreement.

6. Amended as mutually agreed upon in writing by the customer and franchised waste hauler.

7. Customers are to receive written notice of price increases not less than 30 days prior to the effective date of such price increase.

8. Franchisees shall respond to all customer inquiries regarding service issues including, but not limited to, disruptions, changes to service level, 45 1182870
cancelation, and billing within five business days. Customer inquiries can be made by phone, mail, or email.

9. Collection containers will be removed from the property of a customer within five business days of final termination of services to the customer.

10. Not require customers to pay over three months liquidated damages during the renewal term and over six months liquidated damages during the initial term of the service agreement.

11. Not require a customer to give a franchised waste hauler the exclusive right to provide recycling services or organic material collection services as a condition of a customer service agreement unless the customer affirmatively indicates that is its desire.

12. Not require customers to give notice of any offer by a competitor or require customers to give franchised waste haulers the right to respond to such an offer.

13. Franchises must be in full force and effect for the service agreement to be effective.

14. Allow for additional collection services or increased charges for services due to changes in regulations.

15. Allow for customers to send written cancelation at any time during the term of the service agreement; however, the written notice must be provided at least 30 days in advance of the termination date of the current agreement for the customer to avoid being assessed liquidated damages.

C. National contracts or agreements are exempt from the requirements of contract length and renewal terms.

D. A franchised waste hauler shall provide the services described in the customer service agreement.

1. Charges for a specific service shall not begin until the container necessary for that service is delivered to the customer’s site. Service deposits for new customers are allowable as a one-time, upfront cost prior to the beginning of collection charges.
46 1182870

2. If a franchised waste hauler does not provide services as described in the customer service agreement, a customer may terminate the service agreement.

E. All new or renewed customer service agreements entered into following the adoption of this chapter must meet all requirements contained in this chapter.

Within 180 days after adoption of this chapter all customer service agreements must meet the requirements of this chapter.

SECTION 69.

A. Section 13.24.580 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is hereby amended to read as follows:

A. Any applicant may appeal the solid waste manager’s decision to deny a self-haul application, by submitting a written appeal to the solid waste manager within 20 calendar days after the decision is communicated to the applicant.

2. Subsection B is hereby amended to read as follows:

B. If no appeal is taken within 20 calendar days after the solid waste manager’s decision is communicated to the applicant, the decision of the solid waste manager is final.

B. Except as amended by subsection A, all provisions of section 13.24.580 remain unchanged and in full effect.

SECTION 70.

Section 13.24.600 of the Sacramento City Code is hereby amended to read as follows:

13.24.600 Minimum service levels.

A. Recycling volume requirement. Recycling services shall be provided and maintained at service levels that are sufficient for a specific property with the levels in the table below unless adjusted by the solid waste manager. The solid waste manager may adjust the type, size of a container, number of containers, or frequency of service at a specific property to meet the needs of materials generated.
47 1182870
Land Use Recycling Volume Required

1. Multi-unit dwelling of 5 or
more dwelling units
Minimum 32-gallon can per
unit or equivalent

2. Commercial Sufficient to divert materials
generated

B. Organics recycling volume requirement. Organics recycling services shall be provided and maintained at service levels that are sufficient for a specific property with the levels in the table below unless adjusted by the solid waste manager. The solid waste manager may adjust the type, size, number, or frequency of service at a specific property to meet the needs of materials generated.

Land Use Organics Recycling Volume
Required

1. Multi-unit dwelling of 5 or
more dwelling units
Minimum 64-gallon can per 25
dwelling units or equivalent

2. Commercial
a. Office and general
commercial
Minimum 32-gallon can per 25
employees on-site
b. Restaurant; bar Minimum 64-gallon can or
equivalent
c. Other organics-generating
uses (i.e., nursery)
Minimum 64-gallon can or
equivalent

SECTION 71.

Section 13.24.620 of the Sacramento City Code is hereby amended to read as follows:

13.24.620 Exemptions from recycling standard.

A. The city may waive the obligation of a business, non-residential property, or multi-family residential property to comply with some or all of the organic waste 48 1182870
requirements of this chapter if the business, non-residential property, or multi- family residential property provides documentation that is acceptable to the solid waste manager demonstrating that:

1. The total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green container as specified in section 18984.1(a) of title 14 of the California Code of Regulations comprises less than 20 gallons per week per applicable container of the total waste.

2. The total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a a green container as specified in section 18984.1(a) of title 14 of the California Code of Regulations comprises less than 10 gallons per week per applicable container of the total waste.

B. Notwithstanding any other provision of this chapter, a business, non-residential property, or multi-family residential property shall not be required to source separate recyclable materials and organic material if that business, non- residential property, or multi-family residential property demonstrates to the solid waste manager, that there is no collection service or other system available for recycling such material.

C. Businesses, non-residential properties, and multi-family residential properties may be exempted by the solid waste manager if it is determined, through a site visit requested by the business, non-residential property, or multi-family residential property, that:

1. There is not adequate storage space for automatic lift containers, bins, carts, or roll off bins for recyclable materials or organic materials on site and that it is infeasible for the business, non-residential property, or multi-family residential property to share automatic lift containers, bins, carts, or roll off bins for recyclable materials with another business, non- residential property, or multi-family residential property on an adjoining property; or

2. Compliance with this chapter results in a violation of the planning and development code related to the minimum number of required parking spaces.
49 1182870
D. An application for an exemption shall be submitted to the solid waste manager, on a form prescribed by the solid waste manager. After reviewing the request, the solid waste manager shall either approve or disapprove the exemption request.

SECTION 72.

Section 13.24.630 of the Sacramento City Code is hereby amended to read as follows:

13.24.630 Commingling of waste materials.

A. No person shall fail to separate recyclable materials, organic materials, and other solid waste from each other.

B. It is the responsibility of the business, non-residential property, multi-family residential property, owner, or generator, whose solid waste was not removed because it contained recyclables or organics, to properly separate recyclables and organics from the uncollected solid waste for proper collection. No person shall allow such unseparated solid waste to accumulate.

C. Subsections A and B do not apply if a person has obtained an exemption from the solid waste manager for recycling or organics standards as set forth in this chapter.

SECTION 73.

Section 13.24.640 of the Sacramento City Code is hereby deleted.

SECTION 74.

Section 13.24.650 of the Sacramento City Code is hereby deleted.

SECTION 75.

Section 13.24.660 of the Sacramento City Code is hereby deleted.

SECTION 76.

Section 13.24.680 of the Sacramento City Code is hereby amended to read as follows:

13.24.680 Notice of violation.
50 1182870
The solid waste manager may issue a notice of violation to any person violating a provision of this chapter, including but not limited to, any franchise requirement, permit, information request, reporting requirement, or rule or regulation that the solid waste manager is authorized to enforce pursuant to this chapter.

SECTION 77.

Section 13.24.690 of the Sacramento City Code is hereby amended to read as follows:

13.24.690 Notice of violation—Content.

A. The notice of violation shall contain the following:

1. A statement that indicates a violation has occurred.

2. A reference to the section(s) being violated or any regulation, franchise agreement, franchise requirement, order, or other requirement that has been violated.

3. A date by which the person must be in compliance with this chapter.

4. Notification that continued non-compliance may result in additional enforcement action being taken.

B. The notice of violation may also establish required corrective actions to be taken, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter:
a. Ceasing any prohibited actions;
b. Correcting any prohibited actions;
c. Requiring the submission of a written action plan for achieving compliance with the provisions of this chapter; or
d. Reporting requirements to demonstrate continued compliance. e. The person receiving the notice of violation shall submit written certification to the solid waste manager that the requested corrective actions have been implemented or completed

2. Any other terms or conditions reasonably calculated to prevent additional or future violations.
51 1182870
SECTION 78.

Section 13.24.700 of the Sacramento City Code is hereby amended to read as follows:

13.24.700 Administrative enforcement order.

A. The solid waste manager may issue an administrative enforcement order to any person violating a provision of this chapter, including but not limited to, any franchise requirement, permit, information request, reporting requirement, or rule or regulation that the solid waste manager is authorized to enforce pursuant to this chapter.

B. The solid waste manager may issue an administrative enforcement order either after issuing a notice of violation or in combination with a notice of violation.

SECTION 79.

Section 13.24.702 is hereby added to the Sacramento City Code to read as follows:

13.24.702 Notice of administrative enforcement order- content.

A. The notice of administrative enforcement order shall contain the following:

1. A statement that a violation has occurred.

2. A reference to the section(s), regulation, franchise agreement, franchise requirement, order, or other requirement that has been violated.

3. A date by which the person must be in compliance with this chapter.

4. Notification that continued non-compliance may result in additional enforcement action being taken.

5. Notification that the city may recover costs incurred by the city as a result of the violation.

6. Notification that the person has the right to appeal the administrative enforcement order and information about how to request an appeal.

B. The administrative enforcement order may also establish required corrective actions to be taken, including the following:
52 1182870

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter:
a. Ceasing any prohibited actions;
b. Correcting any prohibited actions;
c. Requiring the submission of a written action plan for achieving compliance with the provisions of this chapter; or
d. Reporting requirements to demonstrate continued compliance.

2. The person receiving the administrative enforcement order shall submit written certification to the solid waste manager that the requested corrective actions have been implemented or completed.

3. Any other terms or conditions reasonably calculated to prevent additional or future violations.

SECTION 80.

Section 13.24.704 is hereby added to the Sacramento City Code to read as follows:

13.24.704 Method of service of administrative enforcement order.

Whenever a notice of administrative enforcement order is given under this chapter, the notice shall be served as provided in section 1.04.100.

SECTION 81.

A. Section 13.24.710 of the Sacramento City Code is amended to read as follows:

1. The title of section 13.24.710 of the Sacramento City Code is hereby amended to read as follows:

13.24.710 Appeal of administrative enforcement order.

2. Subsection A is hereby amended to read as follows:

A. A person may appeal a notice of an administrative enforcement order by submitting a written appeal to the solid waste manager within 10 calendar days 53 1182870
from the date of service of the notice of an administrative enforcement order.

The written appeal must be accompanied by a nonrefundable appeal fee in an amount established by city council resolution. The written appeal shall contain:

1. A brief and concise statement explaining why the notice of administrative enforcement order is being contested and any material facts supporting the contentions of the appellant;

2. A brief and concise statement of the reasons why the notice of administrative enforcement order should be reversed or set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and

4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal.

3. Subsection E is hereby amended to read as follows:

E. Failure of any person to file a timely appeal in accordance with the provisions of this section constitutes an irrevocable waiver of the right to an administrative hearing and the notice of administrative enforcement order shall be final.

B. Except as amended by subsection A above, all provisions of section 13.24.710 remain unchanged and in full effect.

SECTION 82.

A. Subsection A of section 13.24.740 of the Sacramento City Code is hereby amended to read as follows:

A. If it is shown, by a preponderance of the evidence, that one or more reasons for issuance of the notice of administrative enforcement order under any of the grounds specified in this chapter exist, the hearing examiner shall affirm the notice of administrative enforcement order. The decision of the hearing examiner shall be in writing and contain findings of fact and a determination of the issues presented.

B. Except as amended by subsection A above, all provisions of section 13.24.740 remain unchanged and in full effect.
54 1182870
SECTION 83.

Section 13.24.750 of the Sacramento City Code is hereby amended to read as follows:

13.24.750 Inspection authority and re-inspection fees.

A. The solid waste manager is authorized to inspect waste material collection areas on any property within the city for compliance with this chapter.B. When a violation occurs for non-compliance with solid waste or recycling mandates in this chapter, the solid waste manager may issue a notice of violation, administrative enforcement order, administrative penalty, or any combination thereof, and schedule a re-inspection.

C. When a violation continues to exist following the first inspection and according to the timeframe for mandatory correction established by the notice of non- compliance, which shall be no less than 30 days and no more than 90 days, there shall be, upon re-inspection, a re-inspection fee imposed against the responsible person. Should a violation continue following the re-inspection, additional re- inspections shall be conducted and applicable re-inspection fees may be imposed.

SECTION 84.

Section 13.24.760 of the Sacramento City Code is hereby amended to read as follows:

13.24.760 Franchise recycling shortfall penalty.

A. Any franchisee not diverting the required percentage, by weight, of the waste materials under its collection shall pay a recycling shortfall penalty for the tonnage shortfall that would be needed for the franchisee to be diverting waste in compliance with section 13.24.310 of this chapter and any resolution adopted by the city council. The tonnage shortfall shall be based on quarterly reports and documented diversion reported by the franchisee, as determined by the city. The amount of the recycling shortfall penalty will be set by resolution of the city council or defined in the franchise agreement.

B. The implementation of the recycling shortfall penalty does not relieve franchisee from the obligation of complying with the diversion requirements of section

13.24.310. Failure to pay any recycling shortfall penalty shall constitute grounds for the immediate suspension of the franchise, without advance notice or hearing, pending compliance by the franchisee with the requirements of this chapter.
55 1182870
C. Franchisees are responsible for reimbursement of costs incurred by the city, including staff time and any other city or consultant services, to perform detailed audits where the city determines that documentation of diversion, as reported by franchisees, is inadequate. Where necessary, the city will retain the services of an independent consultant to verify performance and conduct any necessary diversion audits.

SECTION 85.

If any provision of this Ordinance or its application to any person or circumstance is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid. 1 1182870
ORDINANCE NO.

Adopted by the Sacramento City Council
Date Adopted

AN ORDINANCE AMENDING, ADDING, AND DELETING VARIOUS SECTIONS OF CHAPTERS 5.68, 8.124, 12.48, 13.10, AND 13.24, OF THE SACRAMENTO CITY

CODE, RELATING TO SOLID WASTE MANAGEMENT
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

Section 5.68.360 of the Sacramento City Code is hereby amended to read as follows:

5.68.360 Maintain area free of trash and provide appropriate receptacles.

While operating a food vending vehicle, a vendor shall maintain the area surrounding the vehicle free of trash and other debris. A vendor shall provide its customers with appropriate receptacles for garbage, mixed recycling, and organic waste and pick up any trash in the area before leaving. A vendor shall not dispose of trash generated by the operation of the food vending vehicle in any public or private garbage, recycling, or organic waste receptacle that is not owned by or leased to the vendor.

SECTION 2.

Section 5.68.365 is hereby added to the Sacramento City Code to read as follows:

5.68.365 Removal and disposal of waste material.

A. No vendor shall operate a food vending vehicle unless the vendor has a contract with a city-franchised waste hauler to collect garbage, mixed recycling, and organics generated by the vendor and its customers.

B. Subsection A does not apply if the vendor self-hauls all waste material generated by the vendor and its customers to a central location such as a restaurant, commissary kitchen , or commercial kitchen. All self-hauled waste materials must be separated into appropriate waste material receptacles for collection. SECTION 3.

A. Section 8.124.020 of the Sacramento City Code is hereby amended as follows:

1. The definition of “director” is amended to read as follows:
“Director” means the director of the department of public works or designee. 2 1182870

2. The definition of “waste log” is amended to read as follows:
“Waste log” means a record prepared by the permit holder that details the management of C&D debris generated by the covered project, including but not limited to, the date that the debris was hauled; the weight or volume of the debris; the type of debris; whether the debris was salvaged, reused, recycled, or disposed; the hauler used; and the sorting or recycling facility where the materials were delivered.

B. Except as amended by subsection A above, all provisions of section 8.124.020 remain unchanged and in full effect.

SECTION 4.

Section 8.124.060 of the Sacramento City Code is hereby amended to read as follows:

8.124.060 Recycling requirements.

A. The permit holder for a covered project shall divert all recyclable C&D debris generated from a covered project by any of the following methods:

1. Re-use of recyclable C&D debris;

2. Collection, transport, and delivery of source-separated C&D debris to a recycling facility;

3. Collection, transport, and delivery of mixed C&D debris to a certified C&D sorting facility.

For purposes of this chapter, no person other than the person who generates the mixed C&D debris, the city, a city-franchised waste hauler, or a permit holder may collect or transport mixed C&D debris generated from a covered project.

B. All containers, bins, or roll-off bins used for the deposit and collection of C&D debris on the project site must be clearly identified with the name of the person providing the containers, bins, or roll-off bins and must meet the color and labeling requirements set forth in section 18984 of title 14 of the California Code of Regulations.

C. During the course of the project, the permit holder shall maintain a waste log and the waste log must be in a form approved by the director.

D. The permit holder shall divert at least 65% of all C&D debris generated by a covered project and document compliance with this requirement in a waste log. 3 1182870
SECTION 5.

A. Section 8.124.070 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is amended to read as follows:

A. The approved waste management plan, waste log, and other related C&D debris management documents shall be made available for inspection within five business days following a request by a city official.

2. Subsection B is amended to read as follows:

B. Within 30 days after final inspection or expiration of the permit for a covered project, the permit holder shall submit to the director a completed copy of the waste log.

B. Except as amended by subsection A above, all provisions of section 8.124.070 remain unchanged and in full effect.

SECTION 6.

Section 8.124.110 of the Sacramento City Code is hereby amended to read as follows:

8.124.110 Regulations.

The director may establish regulations regarding the diversion of C&D debris, including designation of recyclable C&D debris, consistent with state law and the requirements of this chapter.

SECTION 7.

A. Subsection B of section 12.48.080 of the Sacramento City Code is hereby amended as follows:

B. Such application shall be completed on a city form and contain at a minimum the following information:

1. The name of the applicant; the sponsoring organization, if any, with the approval of the sponsoring organization for the applicant to apply for the permit on its behalf; the special event organizer who promotes and manages the special event, if any; and the mailing addresses, e-mail addresses, if any, and telephone numbers of each of the foregoing persons and organization; and the proposed date, time, duration, and location of the special event.

2. If applicable, the proposed location of the assembly and disbanding areas, the route to be traveled, and the assembly starting and ending times. 4 1182870

3. The nature and purpose of the special event and a description of all of the equipment and planned activities, including, without limitation, all of the following:
a. The sale, distribution, donation, or collection of any merchandise, food, beverages, or services;
b. Cooking of food or open fires;
c. The sale or consumption of alcoholic beverages; d. The use of temporary fencing or temporary structures and whether the fencing or structures will be prefabricated or site built; e. The use of pyrotechnics;
f. The operation of carnival or animal rides and any demonstrations with animals; and
g. The use of specialized recreational equipment that is to be operated as part of an event activity.

4. The approximate total number of anticipated special event participants and the approximate number of participants in each of the following categories:
spectators, staff, volunteers, security personnel, and first aid and medical services personnel.

5. The plan to accommodate vehicle and bicycle parking by participants, including parking for the disabled, reservation or prohibition of on-street parking, and a parking shuttle plan, if applicable. For special events in parks, whether vehicle access into the park is requested, the number of vehicles, the planned path of travel, and whether the vehicle(s) will remain in the park overnight. For special events that will involve temporary street, alley, or sidewalk closures, or temporary on-street parking restrictions, a traffic control and parking management plan consistent with the California Manual on Uniform Traffic Control Devices for Streets and Highways may be required.

6. The plan for collecting garbage, mixed recycling, and organics including the name of the contracted franchised waste hauler; the amount of collection capacity necessary for garbage, mixed recycling, and organics to accommodate the estimated number of special event participants; and the proposed locations of all collection containers.

7. An event site plan to identify locations and number of all equipment and facilities including, without limitation: temporary fencing; temporary 5 1182870
structures; staging, bleachers, portable restrooms, and hand washing stations; cooking facilities; tables and chairs; garbage, recycling, and organic waste containers; electrical and water sources and connections; fuel storage; emergency medical service area(s); pyrotechnics; carnival and animal rides; and specialized recreational equipment. The site plan shall also identify the paths for access by participants, vehicles and emergency vehicles, and the area(s) for the sale or consumption of alcoholic beverages, if applicable.

8. Whether the special event will involve the use of amplified sound, the type, location, and direction of the amplified sound, and the type of amplified sound equipment.

9. For parades, including marches or processions, the maximum parade length; the total number of bands, sound vehicles or musical units, if any, and the type and number of members in each unit; the total number of marching units, if any, and the type and the number of members in each unit; the number of animals, if any, and type; the number of floats, if any, and their size, type and how the floats are powered; and the space between the units and floats and their speed.

10. Any other information that the city manager may reasonably require.

B. Except as amended by subsection A above, all provisions of section 12.48.080 remain unchanged and in full effect.

SECTION 8.

A. Section 13.10.010 of the Sacramento City Code is hereby amended as follows:

1. The definition of “downtown collection area” is hereby deleted.

B. Except as amended by subsection A above, all provisions of section 13.10.010 remain unchanged and in full effect.

SECTION 9.

Section 13.10.030 of the Sacramento City Code is hereby amended to read as follows:

13.10.030 Authority of solid waste manager.

The solid waste manager may establish and enforce rules and regulations consistent with the provisions of this chapter, and approved by the director, concerning the storage, accumulation, collection, transportation, recycling, reconstitution, recovery, and disposal of refuse. These rules and regulations may, among other things, do the following:
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A. Require any person or entity receiving collection service anywhere in the city, whether such service is provided by the city or by another collection service provider, to implement specified measures to prevent the accumulation of refuse outside the containers used by the person or entity, or to prevent the containers from creating a hazard or interference with the use of any public right-of-way. Such measures may include, but are not limited to, requiring that containers be locked, and restricting or prohibiting the placement of containers on city streets, alleys, or sidewalks;
B. Determine the type, frequency, and means of collection service that will cause all refuse to be removed from the property so there will be no accumulation, collection, or keeping of refuse outside of the containers that would create a public nuisance, or health or safety hazard;
C. Determine that a different size container or different number of containers may satisfy the minimum service requirements specified for collection service under this chapter: and
D. Determine the minimum service requirements for a property to maximize waste diversion.

SECTION 10.

Section 13.10.060 of the Sacramento City Code is hereby amended to read as follows:

13.10.060 Liability for payment.

A. Customers to whom collection services are rendered by the city are responsible and liable for payment of the rates, fees, and charges for the collection services, regardless of the actual usage of or the amount of refuse actually deposited in the containers.

B. Even if the solid waste manager determines that a different number of containers may satisfy the minimum service requirements specified for collection service at a property, each residential dwelling unit must still pay the rates for the minimum level of service.

SECTION 11.

A. Subsection B of section 13.10.070 of the Sacramento City Code is hereby amended to read as follows:
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B. Suspension of collection service for vacant property does not apply to street sweeping service or organic waste collection service unless the solid waste manager determines that suspension of the services is warranted where refuse will not be generated or accumulated on a property due to unique or unusual circumstances, and such circumstances pertain to the property itself, not to the property owners or inhabitants.

B. Except as amended by subsection A abo ve, all provisions of section 13.10.070 remain unchanged and in full effect.

SECTION 12.

A. Subsection B.1 of section 13.10.080 of the Sacramento City Code is hereby amended to read as follows:

1. The owner or tenant of a residential property or residential mixed-use property when collecting or transporting refuse generated on the property to a lawful disposal location. This subsection shall not be construed to relieve any person from paying the rates, fees, and charges pursuant to section 13.10.060.

B. Except as amended by subsection A above, all provisions of section 13.10.080 remain unchanged and in full effect.

SECTION 13.

A. Section 13.10.090 of the Sacramento City Code is hereby amended as follows:

1. Subsection E is amended to read as follows:

E. Colored containers.

1. Except as provided in subsection E.1, a person shall place refuse in containers only as follows:
a. Black or gray container: only garbage may be placed in the black or gray container.
b. Blue container: only recyclables may be placed in the blue container.
c. Green container: only organic waste may be placed in the green container.
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2. If a person has received an exemption for recycling or organic waste collection services, the person may place recycling or organic waste in the garbage container.

2. Subsection F is hereby added to read as follows:

F. Any person who violates this section is guilty of an infraction, punishable by a fine in accordance with California Government Code section 36900.

B. Except as amended by subsection A above, all provisions of section 13.10.090 remain unchanged and in full effect.

SECTION 14.

A. Section 13.10.100 of the Sacramento City Code is hereby amended as follows:

1. Subsection C is hereby amended to read as follows:

C. Except when containers are placed for collection service in accordance with subsection B of this section, containers shall be placed out of view from any street, sidewalk, or other public right-of-way by fence, landscaping, building, or other barrier approved by the solid waste manager, except that storage of containers immediately adjacent to the residential building shall satisfy the requirements of this section.

2. Subsection D is hereby amended to read as follows:

D. Except as otherwise provided in this chapter, no container shall be placed, kept, stored, or located on or in any street, sidewalk, alley, or any public place in a manner that (1) impedes traffic or drainage; (2) creates a hazard to public health , safety or welfare; or (3) blocks any doorway of a building.

B. Except as amended by subsection A above, all provisions of section 13.10.100 remain unchanged and in full effect.

SECTION 15.

Section 13.10.190 is hereby added to the Sacramento City Code to read as follows:

13.10.190 Inspection and investigation authority.

A. The city may inspect any collection container placed in the public right-of- way to confirm compliance with this chapter. This section does not allow the city to enter a private residential property or residential mixed-use property for an inspection without consent or other legal authorization. 9 1182870
B. The city may investigate a complaint received by the city of any violation of this chapter.

C. The solid waste manager may develop a process to accept written complaints from persons regarding a customer who may be violating state mandated diversion requirements or the provisions of this chapter. The process may include receiving anonymous complaints and notifying the complainant of the outcome of their complaint if the identity and contact information of the complainant becomes known.

SECTION 16.

A. Subsection A of section 13.10.220 the Sacramento City Code is hereby amended to read as follows:

A. Residential Property and Residential Mixed-use Property.

1. Each dwelling unit, excluding an accessory dwelling unit as defined in section 17.108.050, shall have one 32-gallon automatic lift container or equivalent, as determined by the solid waste manager.

2. Garbage collection service shall not be less than once per week.

3. Service levels and the number of containers for a property may be adjusted by the solid waste manager to ensure proper collection and disposal of garbage.

B. Except as amended by subsection A above, all provisions of section 13.10.220 remain unchanged and in full effect.

SECTION 17.

Section 13.10.230 of the Sacramento City Code is hereby amended to read as follows:

13.10.230 Garbage removal.

Notwithstanding section 13.10.220, the owners of residential property and residential mixed-use property shall subscribe to the type and frequency of collection service necessary, in the opinion of the solid waste manager, to prevent the accumulation or keeping of garbage on the property for a period longer than one week, and to meet applicable sanitation requirements.

SECTION 18.
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Section 13.10.250 of the Sacramento City Code is hereby amended to read as follows:

13.10.250 Neighborhood cleanup program.

A. Garbage collection service may include neighborhood cleanup programs. The time and manner of deposit, together with any limitation upon the nature and extent of materials to be deposited, shall be determined by the solid waste manager and communicated to the customer or neighborhood where the program is conducted.

B. No person shall place items for collection as part of a neighborhood cleanup program on the street or public right-of-way more than 24 hours prior to the time scheduled for collection.

SECTION 19.

A. Subsection A of section 13.10.320 of the Sacramento City Code is hereby amended to read as follows:

A. Residential Property and Residential Mixed-use Property.

1. Each dwelling unit, excluding an accessory dwelling unit as defined in section 17.108.050, shall have one 32-gallon automatic lift container or equivalent, as determined by the solid waste manager.

2. The frequency of recycling collection service shall be determined by the solid waste manager, consistent with any service level requirements approved or adopted by the city council.

3. Service levels and the number of containers for a property may be adjusted by the solid waste manager to ensure proper collection and disposal of recyclables.

B. Except as amended by subsection A above, all provisions of section 13.10.320 remain unchanged and in full effect.

SECTION 20.

A. Subsection A of section 13.10.340 of the Sacramento City Code is hereby amended to read as follows:

A. Every owner or tenant of residential property or residential mixed-use property in the city shall source-separate recyclables from other refuse generated on the 11 1182870
property. The recyclables shall be deposited only in the recycling container provided by the city.

B. Except as amended by subsection A above, all provisions of section 13.10.340 remain unchanged and in full effect
SECTION 21.

The title of Article IV of chapter 13.10 of the Sacramento City Code is hereby amended to read as follows:

Article IV. Organic Waste Service
SECTION 22.

Section 13.10.400 of the Sacramento City Code is hereby amended to read as follows:

13.10.400 Purpose and findings.

A. The purpose of this article is to mandate organic waste collection services and street sweeping services to protect the public safety, health, and welfare; to ensure that the city continues to meet state-mandated diversion requirements; to reduce landfill dependency; to conserve resources; to reduce greenhouse gas emissions; and to advance the city’s ongoing efforts to create a more sustainable city.

B. The city council finds and determines as follows:

1. The collection and disposal of organic waste and street sweeping, protect the public health, safety, and welfare, by requiring that the accumulation, collection, removal, and disposal of organic waste and street sweeping, be handled in a manner that provides for the greatest good and the least possible inconvenience and impact to the city and city residents;

2. The California Integrated Waste Management Act, commonly known as AB 939 (California Public Resources Code Sections 40000 et seq.), requires local jurisdictions to divert a minimum of fifty (50) percent of discarded materials away from disposal in landfills;

3. Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organic waste in landfills as a source of methane. The regulations place requirements on public 12 1182870
agencies to support achievement of statewide organic waste disposal reduction targets;

4. Public agencies are required to adopt enforceable mechanisms to implement relevant provisions of Senate Bill 1383;

5. The collection of organic waste diverts organic waste away from disposal in landfills, and is a critical component of the city’s ongoing measures to meet the mandatory diversion requirement imposed by state law, and without an effective organic waste collection and disposal program the city would not be able to comply with this requirement; and

6. In addition, providing for the collection of organic waste protects and promotes the public health, safety, and welfare by reducing the city’s dependence on landfills by disposing of organic waste outside of landfills, and thereby reducing costs and environmental effects associated with landfill use.

SECTION 23.

Section 13.10.410 of the Sacramento City Code is hereby amended to read as follows:

13.10.410 Organic waste service and street sweeping for residential properties- Use required.

A. Except as provided otherwise in this chapter, all owners of residential property and residential mixed-use property in the city shall subscribe to organic waste service provided by the city in the manner and in accordance with the provisions of this chapter and chapter 13.12.

B. All owners of residential property and residential mixed-use property in the city, including vacant lots, shall subscribe to street sweeping service if the parcel has concrete curbs and gutters and is contiguous to a public street as provided by the city in the manner and in accordance with the provisions of this chapter and chapter 13.12.

SECTION 24.

Section 13.10.420 of the Sacramento City Code is hereby amended to read as follows:
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13.10.420 Minimum service for residential property and residential mixed-use property.

Subject to applicable federal, state, and local laws and regulations, and other applicable provisions of this chapter, the minimum level of organic waste collection service and street sweeping for residential property is as follows:

A. Each property shall have at least one organic waste container unless otherwise granted an exemption as authorized by this chapter.

B. The frequency of organic waste collection service and street sweeping shall be determined by the solid waste manager, consistent with any service level requirements approved or adopted by the city council.

SECTION 25.

Section 13.10.430 of the Sacramento City Code is hereby amended to read as follows:

13.10.430 Depositing organic waste in city streets.

A. Yard waste:

1. No person may place, deposit, dump, or accumulate, or cause to be placed, deposited, dumped, or accumulated, any yard waste on or in any street, public right-of-way or easement, gutter, curb, or sidewalk within the city, except where it is expressly authorized under this chapter.

2. Customers may place and deposit yard waste in the streets for collection service in connection with the seasonal loose-in-the-street collection service or neighborhood cleanup program, subject to any requirements and limitations established by the solid waste manager.

3. Yard waste deposited in the streets for collection service pursuant to this section must not:
a. Exceed two cubic yards per parcel;
b. Be placed on any sidewalk, within a set of undulations, or in a manner that impedes traffic or drainage, or creates a hazard to public health, safety, or welfare; or
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c. Be placed in the streets for collection service earlier than seven days prior to the scheduled collection day.

B. Food waste:

1. No person shall place food waste on or in any street, public right-of-way or easement, gutter, curb, or sidewalk.

2. No person shall place, deposit, dump, or accumulate any food waste in the yard waste deposited in the street for collection service.

SECTION 26.

Section 13.10.440 of the Sacramento City Code is hereby amended to read as follows:

13.10.440 Organic waste service for commercial properties—Street sweeping service required.

Organic waste from commercial properties shall not be deposited in the streets or in city-provided organic waste containers without obtaining the prior written authorization of the solid waste manager, subject to any limitations and requirements established by the solid waste manager. In authorizing the deposit of yard waste in the streets from commercial properties, the solid waste manager shall determine and specify the minimum level of yard waste collection service, and the time, manner, and place of the deposit. Owners of any commercial property in the city, including vacant lots, shall subscribe to street sweeping service in the manner and in accordance with the provisions of this chapter and chapter 13.12, if the parcel has concrete curbs and gutters and is contiguous to a public street.

SECTION 27.

Section 13.10.450 of the Sacramento City Code is hereby amended to read as follows:

13.10.450 Segregation of organic waste.

A. No person shall place organic waste in the garbage or recyclable containers.

Customers shall source-separate food waste from garbage or recycling generated on the property.

B. Subsection A does not apply if the customer has been granted an exemption from organic waste collection services pursuant to this chapter. Customers who have been granted an exemption from organic waste collection services may place organic waste only in the garbage container.
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C. Nothing in this section prohibits a customer from preventing or reducing waste generation, managing food or yard waste on site, or using a community compositing site pursuant to section 18984.9(c) of title 14 of the California Code of Regulations.

D. Any person who violates this section is guilty of an infraction, punishable by a fine in accordance with California Government Code section 36900.

SECTION 28.

Section 13.10.460 of the Sacramento City Code is hereby amended to read as follows:

13.10.460 Exemptions.

A customer may seek an exemption from organic waste collection services pursuant to waivers authorized in section 18984.11 of title 14 of the California Code of Regulations.

An application seeking an exemption shall be submitted on a form provided by the city.

The solid waste manager shall determine whether to approve the exemption, which may include conducting a site inspection of the property.

SECTION 29.

Article V of chapter 13.10 of the Sacramento City Code is hereby deleted.

SECTION 30.

The title of article VI of chapter 13.10 of the Sacramento City Code is hereby amended to read as follows:

Article V. Old Sacramento Collection District
SECTION 31.

The title of article VII of chapter 13.10 of the Sacramento City Code is hereby amended to read as follows:

Article VI. Emergency Removal of Debris
SECTION 32.

Article VIII of chapter 13.10 of the Sacramento City Code is hereby deleted. 16 1182870
SECTION 33.

A. Section 13.24.010 of the Sacramento City Code is hereby amended as follows:

1. A definition of “business day” is added to read as follows:

"Business day” means any day other than a Saturday, Sunday, or city holiday.

2. A definition of “broker” is added to read as follows:
“Broker” means a person that, for a fee or other consideration is the customer’s designee or authorized representative identified in a customer service agreement with a franchised waste hauler.

3. A definition of “commercial waste material” is added to read as follows:

“Commercial waste material” means waste material generated by the activities of an owner, operator, tenant, or customer at a business, non-residential property, or multi- family residential property.

4. A definition of “compostable plastic” is added to read as follows:
“Compostable plastic” means plastic material that meets the ASTM D6400 standard for compostability, or as otherwise defined in section 18984.1(a)(1)(A) of title 14 of the California Code of Regulations.

5. The definition of “food material” is deleted.

6. A definition of “food scraps” is added to read as follows:
“Food scraps” means all food, including but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

Food scraps excludes fats, oils, and grease that are source separated from other food scraps.

7. A definition of “food soiled paper” is added to read as follows:
“Food-soiled paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, and pizza boxes.
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8. A definition of “food waste” is added to read as follows:
“Food waste” means food scraps, food-soiled paper, and compostable plastic.

9. The definition of “generator” is amended to read as follows:
“Generator” means the owner or operator of a business, non-residential property, or multi-family residential property that generates waste material as a result of activities conducted on their property.

10. A definition of “missed collection” is added to read as follows:
“Missed collection” means each incident when a franchisee fails to service a container that was accessible for collection on the service day.

11. The definition of “multi-family residential property” is amended to read as follows:
“Multi-family residential property” means any multi-family dwelling, building, or group of buildings containing five or more individual dwelling units on a single parcel. Multi- family complexes include, but are not limited to, apartment complexes, and senior housing or care facilities.

12. The definition of “national contract” is amended to read as follows:
“National contract” means a contract between a solid waste management company and a multi-sited waste generating company that operates throughout the United States.

13. A definition of “residential mixed-use property is added to read as follows:
“Residential mixed-use property” means residential property combined with office, commercial, or retail use on a single parcel.

14. The definition of “responsible party” is deleted.

15. The definition of “service agreement” is amended to read as follows:
“Service agreement” or “customer service agreement” means a written agreement between a franchised waste hauler or authorized recycler and an owner, broker, or 18 1182870
generator concerning the collection of waste materials.

16. The definition of “solid waste” is amended to read as follows:
"Solid waste" means all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, soiled paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Solid waste does not include hazardous waste as defined in California Health and Safety Code section 25117, low-level radioactive waste, or medical waste. Solid waste does not include source-separated recyclable materials or organic materials set out for separate collection for the purposes of recycling, and that are not landfilled.

B. Except as amended by subsection A above, all provisions of section 13.24.010 remain unchanged and in full effect.

SECTION 34.

A. Subsection E of section 13.24.030 of the Sacramento City Code is hereby amended to read as follows:

E. Reporting requirements for franchisees and self-haulers; and B. Except as amended by subsection A above, all provisions of section 13.24.0 30 remain unchanged and in full effect.

SECTION 35.

Section 13.24.040 of the Sacramento City Code is hereby amended to read as follows:

Section 13.24.040 Franchise fee.

A. A franchise fee shall be established by resolution of the city council and shall be in addition to any other fees imposed upon an applicant by this code.

B. Each person engaging in the business of collecting, transporting, or disposing of commercial solid waste kept, accumulated, or generated in the city shall pay a franchise fee to the city.

C. Franchise fees are payable on a monthly basis based on information submitted as part of the monthly reporting requirements set forth in this chapter. Each 19 1182870
payment shall be calculated in accordance with this chapter.

D. Franchise fees must be submitted to the solid waste manager or designee as set forth in the franchise agreement.

E. A written statement provided by a franchisee is not conclusive of the accuracy of the information contained in the statement and does not preclude the city from collecting the sum that is actually due and payable.

F. Payment of franchise fees are in addition to any other license fee or business tax prescribed by other agencies or jurisdictions for the same period.

G. If franchise fees are not paid by the franchisee at the times required by this chapter, then in addition to the franchise fees, the franchisee shall pay a late payment charge in an amount equal to 10% of the franchise fee that is due plus interest at the rate of 1.5% of the delinquent franchise fee for each month in which the franchise fee was not timely paid.

H. Franchise fees are payable on all gross collection revenues collected by a franchisee from its commercial solid waste collection customers located within the city. The franchise fee shall be calculated based on gross collection revenues before a franchisee imposes the franchise fee on its customers. For purposes of this section, gross collection revenues include revenue from the collection of source-separated recyclable material or organic material, if that material was disposed instead of recycled for any reason.

I. The city may require that each franchisee pay a minimum annual franchise fee in an amount set by resolution by the city council. Any franchisee whose total gross collection revenues do not result in a payment of a franchise fee in an amount equal to, or above, the minimum franchise fee set by the city council for that calendar year, may be charged the difference between the franchise fee calculated on its annual gross revenues and the minimum franchise fee.

SECTION 36.

Section 13.24.045 is hereby added to the Sacramento City Code to read as follows:

13.24.045 Fees.

A. The following fees are established and imposed:
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1. Franchise application fee;

2. Franchise appeal fee;

3. Abandoned container fee;

4. Self-haul application fee;

5. Self-haul appeal fee;

6. Administrative enforcement order appeal fee;

7. Re-inspection fee;

8. Late reporting fee; and

9. Inaccurate reporting fee.

B. The city council shall establish by resolution the amounts of the fees specified in subsection A, and any related penalties.

SECTION 37.

Section 13.24.050 of the Sacramento City Code is hereby amended to read as follows:

13.24.050 Collection or transportation prohibited.

Except as authorized by sections 13.24.060 and 13.24.080, no person shall engage in the business of collecting, removing, or transporting commercial waste material, including putrescible organic material, or otherwise organizing, directing, sponsoring, or causing the collection, removal, or transportation of commercial waste material within the city without possessing a valid franchise granted by the city. Brokering any of the services identified in this chapter is lawful if the services brokered are with a franchised waste hauler who possesses a valid city franchise.

SECTION 38.

Section 13.24.070 of the Sacramento City Code is hereby amended to read as follows:

13.24.070 Commercial waste material generators.

A. Except as authorized by section 13.24.060.B, businesses, schools and public agencies, non-residential properties, multifamily properties, the party contracting for waste material removal service, owners, or generators of commercial waste material, may not hire, select, or contract with a person who does not hold a current and valid commercial solid waste collection franchise 21 1182870
issued by the city to collect commercial solid waste. An owner or customer must subscribe to a level of solid waste, recyclable material, and organic material collection service, both container capacity and frequency of collection, that:

1. Complies with the minimum levels of solid waste, recycling, and organic waste services as set forth in this chapter.

2. Adequately meets the waste generation needs, as determined by the solid waste manager.B. If the solid waste manager determines that it is in the best interest of the city to allow or require a residential or residential mixed-use property that receive residential collection services from the city to contract for collection services from a franchised waste hauler in addition to or in lieu of services provided by the city, the solid waste manager shall provide the property owner with a written determination that includes a requirement to comply with subsection A.

C. The party contracting for solid waste service is responsible for compliance with recycling and organic waste collection requirements. The party contracting for solid waste service may not assign the requirement to subscribe to the appropriate level of recycling and organic waste collection to another business, school, public agency, non-residential property, or multifamily property, including a tenant.

SECTION 39.

A. Section 13.24.100 of the Sacramento City Code is hereby amended as follows:

1. Subsection D is hereby amended to read as follows:

D. Each franchisee shall:

1. Provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment;

2. Utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service; and

3. Provide preventive maintenance and repair of such equipment sufficient to ensure reliability.

2. Subsection E is hereby deleted.
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B. Except as amended by subsection A above, all provisions of section 13.24.100 remain unchanged and in full effect.

SECTION 40.

Section 13.24.110 of the Sacramento City Code is hereby amended to read as follows:

13.24.110 Application for franchise.

A. All applications for franchises pursuant to this chapter must be in writing, including in electronic format, and filed with the solid waste manager.

B. A franchise application fee is required with the submittal of an application package to the solid waste manager.

C. Each application for a franchise must be on a form provided by the solid waste manager, and include the following information:

1. Identification.
a. Name and address of the applicant.
b. Business address, telephone number, and email address of the applicant.
c. Address where all vehicles and operating equipment used within the city are stored.
d. If the applicant is a corporation, partnership, or other entity, the name and residential address of every officer, partner, board member, and any other person with a 10% or greater financial interest in the applicant.
e. If the applicant is a corporation, the name and residential address of the corporation’s directors, date and place of incorporation, location of the main office, names of the major stockholders and associates, and the name and address of the corporation’s parent and subsidiary companies. f. If the applicant is a corporation whose stock is traded on a national exchange, the names of persons owning or controlling less than 10% of the outstanding shares need not be listed in the application and transfers of less than 10% of the outstanding shares need not be reported unless 23 1182870
such a transfer results in the transferee owning or controlling 10% or more of the outstanding shares; provided, however, that upon reasonable request of the solid waste manager, the applicant or party submitting an application shall provide a list of all stockholders or shall provide to the solid waste manager the source material from which the names of such stockholders may be readily obtained.
g. If the applicant is an affiliate or a franchised operation of another corporation (not to be confused in this instance with a solid waste franchisee of the city), the applicant shall list the names and addresses of the parent or subsidiary companies, together with a description of their business interests or ownership.
h. If the applicant is a joint venture or other combination of persons and corporations, identify separately the names and addresses of each member of the joint venture or combined effort, together with their percentage interest.

2. Business operations.
a. The names of the executive, operational, and financial managers to be used in connection with the solid waste collection services together with documentation that such persons, and the applicant, have sufficient experience in solid waste handling to perform solid waste collection services in the city.
b. Attestation that books and accounts of all revenue and income arising out of applicant’s operations will be kept in a manner that conforms to GAAP.
c. A statement that the applicant shall obtain the required insurance prior to commencing business subject to the franchise agreement. d. A statement that the applicant shall maintain and report on a timely basis all operational information and data elements reasonably required by the city to comply with its reporting requirements such as those established in California Public Resources Code sections 40050-40063, and as defined in the franchise agreement.
e. A complete listing and explanation of any civil or criminal rulings or judgments in excess of $5,000, or convictions against applicant, any of 24 1182870
applicant’s partners, major stockholders, corporate directors or parent or subsidiary companies. Applicants that are subject to the periodic reporting requirements of section 13(a) of the Securities Exchange Act, may, in lieu of the information required by sections 13.24.110.C.1.f. and

13.24.110.C.2.d., submit the information reported pursuant to sections 229.103 (legal proceedings) and 229.403 (security ownership of certain beneficial owners and management) of title 17 of the Code of Federal Regulations on the most recent form 10-K filed by the applicant with the Securities and Exchange Commission.

3. Facilities and equipment.
a. A description, including the Vehicle Identification Number (VIN) and California license plate number, of all vehicles and equipment that the applicant owns, has control of, or intends to acquire for the collection, transportation, or disposal of commercial solid waste in the city and which are subject to the provisions of the franchise agreement and whether said vehicles and equipment are self-unloading and equipped with audible automatic back-up warning devices.
b. Evidence demonstrating that the applicant owns or will have access to suitable facilities for keeping vehicles and equipment clean and in good repair, and that the applicant owns or will have access to reasonable office and billing facilities.
c. Evidence demonstrating that the applicant is the registered owner, as defined by California Vehicle Code section 505, of at least one collection vehicle that meets the requirements set forth in section

13.24.440.

4. Financial resources.
a. Applicant shall provide satisfactory proof to the solid waste manager, that the applicant has adequate financial resources to conduct commercial solid waste collection services; or
b. Applicant shall include an irrevocable letter of credit or refundable cash deposit to the city of $500 for each of the vehicles identified in the application.
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5. Diversion plan. Each applicant shall submit a diversion plan, including plans for multi-family residential properties, businesses or non-residential properties, and construction and demolition debris, as applicable, with their franchise application. The diversion plan must comply with the diversion requirements set forth in this chapter and include a plan describing how the franchisee intends to satisfy its diversion requirements by diverting recyclable and organic materials from commercial solid waste that is being disposed of in solid waste facilities.

The diversion plan must identify all facilities where materials will be delivered and processed.

6. Background check. The local executive, operational, and financial managers of the applicant that will be responsible for solid waste collection services within the city may be required to submit to fingerprinting and a criminal background check by the city.

7. Other relevant considerations.
a. Any other evidence that demonstrates that the applicant is able to provide collection and subsequent transportation, or disposal services in accordance with applicable federal, state, and local laws. Such additional information as may be reasonably requested by the solid waste manager. b. During the application or proposal period and during the full term of any franchise, all information contained in the franchise application must be kept up-to-date by the applicant who must file a new verified statement within three business days of any change indicating in detail the nature of any change.
c. The application must be signed by the person applying for the solid waste collection franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation. d. The applicant shall pay any outstanding fees and debts to the city prior to a franchise application being deemed complete, or prior to a franchise renewal.

SECTION 41.

A. Section 13.24.120 of the Sacramento City Code is hereby amended as follows:

1. Subsection C is hereby amended to read as follows:
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C. The solid waste manager shall review such applications and either recommend to the city council to award a franchise, or notify applicant of a denial or incomplete application, within 60 days of receiving an application.

2. Subsection D is hereby amended to read as follows:

D. The solid waste manager shall take into consideration all components of the completed application, including but not limited to:

1. The ability of the applicant to meet all terms of the franchise agreement;

2. Any history of civil or criminal convictions that may compromise the public's interests; and

3. The completeness, accuracy, and validity of the application. In doing so, the solid waste manager may independently verify all statements made and implied in the application, including conducting an on-site interview and inspection of the applicant’s records and recordkeeping methods. The solid waste manager may also request clarification from an applicant of any or all elements of the submitted application.

3. Subsection E is hereby amended to read as follows:

E. Within the 60-day review period, the solid waste manager shall:

1. Deny an application and notify the applicant in writing of the reasons why the application was denied; or

2. Notify an applicant that a recommendation will be made to the city council to award a franchise or a probationary franchise with special terms and conditions; or

3. Execute a provisional franchise, up to 90 days, with special terms and conditions, pending city council authorization to execute a franchise or a probationary franchise with special terms and conditions.

4. Subsection F is hereby amended to read as follows:

F. If the application is incomplete, the solid waste manager shall provide notice to the applicant that the application is incomplete, identifying what information or materials the application lacks in order to be complete. An applicant has 60 days 27 1182870
from the date of the notice to complete the application. Failure to submit a complete application within 60 days from the date of the notice amounts to a denial, with no additional action required by the solid waste manager. Any application submitted more than 60 days after the notice is considered a new application and must be accompanied by the application fee required by this chapter.

5. Subsection G is hereby amended to read as follows:

G. Upon concurrence with a positive recommendation, the city council will award the franchise or will delegate authority to the city manager to award the franchise within a reasonable period of time. The solid waste manager will notify the applicant in writing of an award of a franchise.

6. Subsection H is hereby added to read as follows:

H. The solid waste manager may refuse to accept a franchise app lication from an applicant who has had an application for a city franchise rejected within the previous 12 months.

B. Except as amended by subsection A above, all provisions of section 13.24.1 20 remain unchanged and in full effect.

SECTION 42.

A. Subsection A of section 13.24.140 of the Sacramento City Code is hereby amended to read as follows:

A. An applicant may appeal the denial of a franchise by submitting a written appeal to the solid waste manager within 20 calendar days from the date of service of the solid waste manager’s written decision. The written appeal must be accompanied by a nonrefundable appeal fee in an amount established by city council resolution. The written appeal shall contain:

1. A brief and concise statement explaining why the decision is being contested and any material facts supporting the contentions of the appellant;

2. A brief and concise statement of the reasons why the decision should be reversed or set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and
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4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal.

B. Except as amended by subsection A above, all provisions of section 13.24.140 rema in unchanged and in full effect.

SECTION 43.

A. Section 13.24.220 of the Sacramento City Code is hereby amended as follows

1. Subsection A is hereby amended to read as follows:

A. Any franchisee may appeal the solid waste manager’s decision to terminate or suspend a franchise or deny a franchise renewal by submitting a written appeal to the solid waste manager within 20 calendar days after the decision is communicated to the franchisee.

2. Subsection B is hereby amended to read as follows:

B. If no appeal is taken within 20 calendar days after the solid waste manager’s decision is communicated to the franchisee, the decision of the solid waste manager is final.

B. Except as amended by subsection A above, all provisions of section 13.24.220 remain unchanged and in full effect.

SECTION 44.

Section 13.24.240 of the Sacramento City Code is hereby amended to read as follows:

13.24.240 Calculation of franchise fee from source-separated materials.

A. Gross collection revenues from the collection of source-separated recyclable material and source-separated organic material may be excluded from gross collection revenues for the purposes of calculating franchise fees, provided those revenues are only from source-separated recyclable materials and source- separated organic materials and are collected and characterized by weight in a manner satisfactory to the solid waste manager.

B. Gross collection revenues from the collection of solid waste from any public agency within the city are not subject to franchise fees. 29 1182870
C. Franchise fees are payable on all gross collection revenues collected by a franchisee from its commercial solid waste collection customers located within the city. Franchisees must notify the city of the landfilling of source-separated recyclable and organic materials, including identifying the generator of those source-separated materials.

D. Disputes over whether gross collection revenues from the collection of source- separated materials should be excluded from the calculation of franchise fees shall be resolved by the solid waste manager.

E. The solid waste manager’s decision may be appealed in accordance with sections

13.24.140 through 13.24.170.

SECTION 45.

Section 13.24.250 of the Sacramento City Code is hereby deleted.

SECTION 46.

Section 13.24.260 of the Sacramento City Code is hereby amended to read as follows:

13.24.260 Use of franchise fees.

City franchise fees will fund administrative, implementation, and enforcement costs related to managing waste material. These fees may also be used to fund: the city’s legacy landfill program including closure and liability costs; costs for litter crews in commercial corridors; and programs for waste material collection and disposal related to illegal dumping on public rights-of-way and city property.

SECTION 47.

A. Section 13.24.270 of the Sacramento City Code is hereby amended as follows:

1. Subsection B is hereby amended to read as follows:

B. Franchisee shall provide the required level of recycling and organic material recycling services to each of its customers unless that customer has obtained an exemption to franchisee- provided service from the city.

2. Subsection D is hereby amended to read as follows:

D. Customer service agreements shall be provided to the customer by the franchisee upon request. Customer requests may be submitted by telephone, mail, or email. 30 1182870
Franchisee shall provide a copy of the service agreement t o the customer within five business days of receiving a request.

3. Subsection E is hereby added as follows:

E. If a franchisee intentionally provide s a customer with inaccurate information regarding required service levels of either recycling or organic material recycling and the customer signs up for less than minimum service, the customer may terminate the customer service agreement with no penalties.

B. Except as amended by subsection A above, all provisions of section 13.24.270 remain unchanged and in full effect.

SECTION 48.

Section 13.24.280 of the Sacramento City Code is hereby amended to read as follows:

13.24.280 Reporting requirements.

A. Due dates for reports are as follows:

Report: Due Date
Monthly Revenue Report On or before the first business day of the second calendar month immediately following
the reportable month.

Quarterly Tonnage Report On or before the first business day of the second calendar month immediately following
the reportable quarter.

Quarterly Generator Report On or before the 15th calendar day of the month immediately following the close of the
reportable quarter.

Quarterly Account Status
Report
On or before the fifth business day after the
city sends the report to the franchised waste
hauler for completion.

Diversion Plan Progress
Report
On or before the 15th calendar day of the
month immediately following the close of the
reportable quarter.

Contamination Monitoring,
Recordkeeping, and
Reporting Quarterly Report
On or before the 15th calendar day of the
month immediately following the close of the
reportable quarter.

Additional required reports At the written direction of the solid waste manager.
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B. Any report required under section 13.24.280.D that is not filed by the required due date is delinquent. If a report remains delinquent for more than 15 days, the solid waste manager may terminate or suspend the franchise as authorized by this chapter. In the event of unusual circumstances, the solid waste manager may grant a continuance to a franchisee to file a report.

C. A delinquent report fee shall be in addition to any franchise fees or other charges payable by the franchisee for the same period of time.

D. A franchisee shall file the following reports in the format and manner as required by the solid waste manager:

1. Monthly revenue report: a monthly report of the revenue generated by franchisee related to commercial solid waste collected, transported, diverted, or disposed within the city.

2. Monthly generator compliance report: a monthly report of the compliance status of all its customers within the city.

3. Quarterly generator report: a quarterly report of the service levels and other collection information of all its customers within the city. This report shall identify, at a minimum, the following:
a. The total number of businesses and non-residential property customers receiving service;
b. The total number of business and non-residential property customers receiving service who source separate recyclable materials;
c. The total number of multi-family residential property customers receiving service;
d. The total number of multi-family residential property customers receiving service who source separate recyclable materials and organic materials;
e. Jurisdiction identifier: unique identifier for each generator issued by city; and
f. Standard address format.
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4. Quarterly account status report: a quarterly report confirming open and closed accounts.

5. Quarterly tonnage report: a quarterly report of the quantities of commercial solid waste collected, transported, diverted, or disposed within the city. This report shall contain the following information:
a. The commercial solid waste tonnage collected and removed during the previous quarter;
b. The commercial solid waste tonnage collected and removed during the previous quarter that was diverted and the location of the facility where the solid waste was diverted;
c. The commercial solid waste tonnage collected and removed that was disposed of during the previous quarter and the location of the disposal facility where the disposal of such waste occurred; d. The total number and individual identification and address of all customers the franchisee serves and whether those customers subscribe to recycling or organic material recycling services; and e. The progress in implementing its diversion plan and achieving the diversion performance requirements set forth in section

13.24.310.

6. Quarterly route contamination review report: a quarterly report documenting collection routes that have been reviewed for contamination and the results.

E. Franchisees may use information supplied by diversion facilities to meet the requirements of this section.

F. All franchisees shall maintain records in the format and manner as required by the solid waste manager pertaining to the number and types of accounts served by the franchisee. This information shall be provided to the solid waste manager upon request. If upon review of this information by the solid waste manager it is determined that the franchisee has claimed credit for the diversion of solid waste that is already being diverted by a third party for purposes of satisfying the diversion requirements set forth in section 13.24.310, such action by the 33 1182870
franchisee shall constitute cause for termination or suspension of the franchise pursuant to section 13.24.210.

G. The solid waste manager shall establish guidelines, forms, and other appropriate material to assist franchisees in preparing the reports required by this chapter.

H. The solid waste manager may require other reports as needed to ensure compliance with state or federal law.

I. All required franchisee reports must contain data that is accurate, correct, and complete. If inaccurate data is identified within a report, an inaccurate reporting fee shall be assessed. Fees will be added to the next monthly revenue invoice.

J. In addition to any other remedy available under this chapter, a late fee per day for each customer account will be imposed for any report that is not submitted within the time required to the solid waste manager. Fees will be added to the next monthly revenue invoice.

SECTION 49.

A. Subsection A of section 13.24.290 of the Sacramento City Code is hereby amended to read as follows:

A. Except as provided in section 13.24.310 and except to meet the one-truck requirement of section 13.24.110.C.3.c, no franchisee shall, by contract, subcontract, or otherwise, share with another franchisee any office space associated with operation under a franchise.

B. Except as amended by subsection A above, all provisions of section 13.24.290 remain unchanged and in full effect.

SECTION 50.

Section 13.24.300 of the Sacramento City Code is hereby amended to read as follows:

13.24.300 Diversion plan.

A. Each franchisee shall submit a diversion plan to the city on an annual basis, no later than December 31st of each year. The diversion plan shall include a detailed description of how the franchisee intends to comply with the diversion requirements set forth in section 13.24.310and must include: a description of the methods the franchisee intends to use; the facilities the franchisee intends 34 1182870
to utilize; and the customer education and outreach efforts the franchisee intends to implement to satisfy its diversion requirements. The city shall establish guidelines, forms, and other appropriate material to assist franchisees in preparing the diversion plan.

B. Within 90 days from the date of receipt of a diversion plan, the city shall determine whether the diversion plan complies with the requirements of this chapter and, based on that determination, shall approve or disapprove the diversion plan. If the city fails to make a determination within such 90-day period, the city shall be deemed to have approved the diversion plan.

C. If the city disapproves a diversion plan, the City shall issue a notice of deficiency to the franchisee that identifies the specific reasons for the deficiency and specific recommendations on how to correct the identified deficiencies. Within thirty 30 days of receipt of the notice of deficiency, the franchisee shall correct the deficiencies and submit a revised diversion plan.

D. If the city determines that the revised diversion plan still fails to meet the requirements of this chapter, the failure to correct the deficiencies constitutes cause for termination or suspension of its franchise pursuant to section

13.24.210.

E. The failure to file a diversion plan constitutes cause for automatic termination, without the ability to file an appeal, of a franchise pursuant to section 13.24.210.

SECTION 51.

A. Section 13.24.330 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is hereby amended to read as follows:

A. Each franchisee shall maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this chapter; all waste material collected, transported, or disposed of; the source of such waste material; the final destination of such waste material; and all current customer service agreements. Franchisee's books, accounts, and records, including customer service agreements, reasonably necessary for the enforcement of this chapter and the franchise agreement must be made available for inspection, examination, and audit during normal business hours by authorized officers, employees, and agents of the city. The solid waste manager must give written notice at least three days prior to any inspection, audit, or examination of these records.
35 1182870

2. Subsection B is hereby amended to read as follows:

B. Each franchisee shall establish and maintain internal controls compliant with GAAP and be able to comply with the city reporting requirements for the monthly Revenue Electronic Reporting Form (RERF) and quarterly reports. Such internal controls must include measures to record, document, and make available to the solid waste manager:

1. Weights and volumes of all waste material collected from the city by the franchisee’s service accounts, detailed by each customers’ location or locations;

2. Collection truck driver’s logs or routing sheets, indicating the collection vehicle license plate number, driver’s full name, service date, collection locations with container sizes, and the name and location of the disposal or recycling facilities where collected materials were disposed of or recycled;

3. A list of customer accounts in the city with customer addresses and contact information for the reporting period, including customers specifically subject to mandatory commercial recycling requirements in California Public Resources Code sections 42649.2 and 42649.81;

4. A summary and copies of all the invoices related to commercial waste material collection within the city;

5. A summary and copies of all weight tickets issued by the disposal or recycling facilities for all solid waste, recyclable materials, or organic materials collected from the city for the reporting period. The weight tickets must include the franchisee’s company name or other adequate identifier, as well as the jurisdiction of origin of the solid waste, recyclable material, or organic material printed legibly on it;

6. A record of jurisdiction of origin of the solid waste, recyclables, or organic materials on all weight tickets; and

7. A report linking weight tickets to the franchisee’s service locations, including job sites, and customer’s invoice numbers.

B. Except as amended by subsection A above, all provisions of section 13.24.330 remain unchanged and in full effect.

SECTION 52.

A. Section 13.24.340 of the Sacramento City Code is hereby amended follows:

1. Subsection A is hereby amended to read as follows:
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A. All waste material containers must have tightly fitted covers and must not leak or permit the escape of odors. The solid waste manager may require special container equipment or container labeling with customer identifying information, in designated areas. Special equipment may include, but is not limited to, functioning locking mechanisms. Notwithstanding the requirements of this section:

1. Generators are not required to set out or store recyclable or organic materials together with solid waste; and

2. Generators are allowed to appropriately store recyclable or organic materials for collection separate from solid waste.2. Subsection B is hereby amended to read as follows:

B. Every franchisee shall ensure that containers are clearly identified with the name, or recognizable corporate or company logo, and phone number of the franchisee that is legible from a distance of 50 feet. Containers must identify the type or types of waste material for which it is intended to be used. Containers must be kept free of graffiti.

3. Subsection C is hereby amended to read as follows:

C. All containers used for the collection of waste materials must meet the requirements of this chapter and must be franchisee-owned or generator- owned, such as a grocery store chain or construction contractor that generates waste and owns their own containers.

B. Except as amended by subsection A above, all provisions of section 13.24.3 40 remain unchanged and in full effect.

SECTION 53.

Section 13.24.360 of the Sacramento City Code is hereby amended to read as follows:

13.24.360 Office required.

Every franchisee shall maintain an office where the agent or representative of the franchisee can be reached by email and telephone 9:00 a.m. through 5:00 p.m. Pacific Standard Time, Monday through Friday, legal holidays excepted.

SECTION 54.

A. Section 13.24.370 of the Sacramento City Code is hereby amended as follows:
37 1182870

1. Subsection B is hereby amended to read as follows:

B. Public agencies owning or having an interest in a solid waste disposal site are exempt from the requirements of this chapter.

2. Subsection C is hereby deleted.

B. Except as amended by subsection A above, all provisions of section 13.24.370 remain unchanged and in full effect.

SECTION 55.

Section 13.24.410 of the Sacramento City Code is hereby amended to read as follows:

13.24.410 Insurance.

A. Each franchisee must maintain, at its own expense, insurance coverages, as provided in the franchise agreement or as established from time to time by the city. All required insurance must remain in effect and uninterrupted through the term of the franchise agreement.

B. The following insurance coverage is required for each franchisee: Commercial General Liability; Automobile Liability; and Workers’ Compensation as required by law with Employers’ Liability. Pollution insurance may also be required based on a franchisee’s business operations.

C. The city, its officers, agents, and employees must be covered by policy terms or endorsement as additional insureds regarding general liability and automobile liability arising out of the activities performed by or on behalf of the franchisee.

D. A franchisee’s insurance must be primary insurance as it pertains to the city, its officers, agents, and employees and self-insurance or insurance maintained by the city will not be contributory.

E. A franchisee shall provide the city with 30 days’ written notice prior to cancellation or material change in the policy language or terms of any insurance.

F. The franchisee shall furnish the city with certificates of insurance and endorsements evidencing the insurance required prior to the issuance of any franchise as well as renewal certificates or insurance and endorsements. 38 1182870
G. Any act, omission, or circumstance which results in the holder of a franchise being out of compliance with the requirements of this section during the term of the franchise is grounds for the immediate suspension of the franchise, without advance notice or hearing, pending re-establishment of compliance by the franchisee with the requirements of this section.

SECTION 56.

Section 13.24.420 of the Sacramento City Code is hereby amended to read as follows:

13.24.420 Abandoned containers.

A. The franchisee that owns a waste material container that the solid waste manager determines is abandoned will be charged the costs for the collection, emptying, and storage of the container.

B. After the city has collected an abandoned container, the city will notify the franchisee of the abandoned container’s location and may charge a daily storage fee until the franchisee retrieves the container.

C. If the franchisee does not retrieve the container from the city within 30 days of being notified, the container will be disposed of as authorized by the city code for lost or unclaimed property.

D. Any costs or fees related to the collection, emptying, or storage of an abandoned container is due as part of the franchisee’s monthly payment to the city. Costs and fees will be added to the next monthly revenue invoice.

SECTION 57.

A. Subsection C of section 13.24.440 of the Sacramento City Code is hereby amended to read as follows:

C. The franchisee must be the registered owner, as defined by California Vehicle Code section 505, of all vehicles used in the collection, removal, or transportation of commercial solid waste in the city under their franchised operations.

B. Except as amended by subsection A above, all provisions of section 13.24.440 remain unchanged and in full effect.

SECTION 58.
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Section 13.24.460 of the Sacramento City Code is hereby amended to read as follows:

13.24.460 Solid waste and recycling requirements at special events.

In addition to the special event requirements set forth in chapter 12.48, the following requirements shall apply to a special event that requires waste material containers:

A. Containers:

1. A special event applicant shall subscribe to solid waste, recycling, and organic waste collection services from a franchised waste hauler for disposal and diversion. A copy of the customer service agreement with the franchised waste hauler shall be provided to the city as soon as possible prior to the start date of the event.

2. Solid waste, recycling, and organics containers shall be conveniently located so they are available and accessible for all event attendees and event staff.

3. Organics containers shall be placed in all areas where solid waste containers are provided, except for restrooms.

4. Each container must be properly colored (either the lid or body of the container) with solid waste containers being black or grey, recycling containers being blue, and organic waste containers being green or brown.

5. Each container shall be labeled indicating the type of material to be collected in the container and, either in text or graphics, indicate the primary accepted materials and materials not accepted.

6. Containers for the collection of organic waste shall be placed in all areas where food is prepared, served, and consumed. If food trucks will be present at the event, they shall only be required to provide an organic waste collection container in the immediate vicinity of their location. The applicant will still be required to provide organic containers for the event as a whole.

B. Collection practices:

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1. An applicant is solely responsible for: arranging for collection services sufficient for the type and size of the event; servicing containers not provided by the franchised waste hauler; placement of the containers at the event; event staffing levels; job assignments; servicing containers during an event with sufficient frequency by event staff to avoid overflowing of containers; replacing of container bags during the event; keeping containers unobstructed for the franchised waste hauler to service; and removal of containers following completion of the event.

2. On-site food vendors shall be responsible for: maintaining a debris-free area around their food vending site; providing their customers with appropriate receptables to separate their solid waste, recyclables, and organic waste; and pick-up any debris in their surrounding area prior to departing. Food vendors shall not dump any waste generated by their food site into any public or private waste receptacle that is not owned by or leased to the vendor.

C. Event thresholds:

The solid waste manager will establish service levels for an event based on factors including, but not limited to, the type of the event, number of attendees, number of vendors, and type of activities that generate waste materials.

1. For an event attended by between 500 to 2,000 people (event attendees, staff, and vendors), the applicant will be required to submit a waste management plan outlining their waste collection practices and container locations at the event. The waste management plan will need to be approved by the city before the special event permit will be issued.

2. For an event attended by over 2,000 people (event attendees, staff, and vendors), in addition to the requirements in subsection C.1, within 60 days after conclusion of the event, an applicant shall also provide a post- event report detailing the amount or volume of solid waste, recyclables, and organics collected. Failure to provide a post-event report may result in the denial of future requests for special event permits by the applicant.

SECTION 59.

Section 13.24.470 of the Sacramento City Code is hereby deleted. 41 1182870
SECTION 60.

Section 13.24.480 of the Sacramento City Code is hereby deleted.

SECTION 61.

A. Section 13.24.490 of the Sacramento City Code is hereby amended as follows:

1. Subsection D is hereby deleted.

2. Subsection E is hereby deleted.

B. Except as amended by subsection A above, all provisions of section 13.24.490 remain unchanged and in full effect.

SECTION 62.

Section 13.24.500 of the Sacramento City Code is hereby deleted.

SECTION 63.

A. Section 13.24.510 of the Sacramento City Code is hereby amended as follows:

1. Subsection A.4 is hereby amended to read as follows:

4. Source separate organic materials from solid waste and subscribe to the minimum service level of organic material collection service as required in this chapter, at a minimum on a weekly basis.

2. Subsection J is hereby amended to read as follows:

J. Within 14 days of occup ying the premises, each business and non -residential property must provide new tenants with information about source -separation requirements of recyclable and organic materials, and locations, and rules governing the use of containers and provide information on an annual basis to existing tenants. Proof of compliance with this section shall be provided to the city upon request.

3. Subsection K is hereby added to read as follows:

K. The owner or operator of a business or non -residential property that uses the services of a broker remains responsible for complying with the provisions of this chapter.

B. Except as amended by subsection A above, all provisions of section 13.24. 510 remain unchanged and in full effect.
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SECTION 64.

A. Section 13.24.520 of the Sacramento City Code is hereby amended as follows:

1. Subsection A.1 is hereby amended to read as follows:

1. Source separate recyclable materials from solid waste and subscribe to the minimum level of recycling collection service as required in this chapter , which at a minimum shall be on a monthly basis;2. Subsection A.5 is hereby added to read as follows:

5. Source separate organic material from solid waste and subscribe to the minimum level of organic material collec tion service as required in this chapter , which at a minimum, shall be on a weekly basis.

3. Subsection I is hereby amended to read as follows:

I. Within 14 days of occupying the premises, each multi-family residential property must provide new tenants with information about source -separation requirements of recyclable and organic materials, and locations, and rules governing the use of containers and provide information on an annu al basis to existing tenants.

4. Subsection J is hereby added to read as follows:

J. The city may request copies of any educational outreach material provided to tenants and proof that the materials were distributed to tenants. Proof of compliance with this section shall be provided to the city upon request within 10 business days.

5. Subsection K is hereby added to read as follows:

K. An owner or operator of a multi-family residential property that uses the services of a broker remains responsible for complying with the provisions of this chapter.

B. Except as amended by subsection A above, all provisions of section 13.24.520 remain unchanged and in full effect.

SECTION 65.

Section 13.24.525 of the Sacramento City Code is hereby added to read as follows:

13.24.525 On-site container storage requirements.
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A. Each multi-family residential property or business shall ensure that waste material containers are stored within a structure on the property, within a trash enclosure, in an alley adjacent to the property, or, if not feasible, in the section of the alley closest to the property. Exceptions to this subsection may be approved by the solid waste manager. The franchised waste hauler is solely responsible for obtaining all required permits or other approval from the city when a container is stored on public property.

B. All solid waste containers must be water-tight, have tightly fitted covers, and must not leak or allow odors to escape. The solid waste manager may require special container equipment or container labeling with customer-identifying information, in designated areas. Special equipment may include, but is not limited to, functioning locking mechanisms.

C. Notwithstanding the requirements of this section, generators are not required to set out or store recyclable or organic materials together with solid waste.

Generators may appropriately store recyclable or organic materials for collection separate from solid waste.

D. Each multi-family residential property or business shall ensure waste material containers are of sufficient size and serviced with adequate frequency to meet the solid waste, recyclable materials, and organic material generation demands of the premises as set forth in this chapter.

SECTION 66.

A. Subsection A.3 is hereby added to section 13.24.530 of the Sacramento City Code to read as follows:

3. Containers, whether located on private property or in the public right-of-way including alleys, must be kept free from overflowing waste material that impedes passage on a public right-of-way or that creates a hazard to public health, safety, or welfare.

B. Except as amended by subsection A above, all provisions of section 13.24.530 remain unchanged and in full effect.

SECTION 67.

Section 13.24.560 of the Sacramento City Code is hereby amended to read as follows:

13.24.560 Hours of collection.
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Containers may be collected within residential areas or within mixed residential and commercial areas of the city only between the hours of 6:00 a.m. and 8:00 p.m. of the same day, and elsewhere within the city only between the hours of 4:00 a.m. and 8:00 p.m. of the same day. The solid waste manager may further restrict the hours of collection of commercial waste materials by franchised waste haulers in designated areas or through the terms of a franchise agreement. A franchised waste hauler collecting containers in violation of this section is subject to an enforcement action and remedies available under this chapter.

SECTION 68.

Section 13.24.570 of the Sacramento City Code is hereby amended to read as follows:

13.24.570 Franchised waste hauler service agreements.

A. A franchised waste hauler shall not provide a customer with services before the customer signs a customer service agreement. If the customer service agreement is between a franchisee and a broker, the broker’s signature is not required before commencement of services.

B. Every service agreement must comply with the following:

1. Be clearly labeled as a service agreement.

2. Clearly describe the services to be provided by the franchised waste hauler and the cost for providing such services to the customer.

3. Clearly state the dates of the initial term and renewal terms.

4. Allow for any term that is mutually agreed to by the customer and the franchised waste hauler but recognizing that the hauler’s franchise must remain in full force and effect throughout the term of the agreement.

5. Automatic renewal for successive periods of no longer than one year, unless either party gives written notice of termination by mail or email at least 30 days prior to termination date of the current agreement.

6. Amended as mutually agreed upon in writing by the customer and franchised waste hauler.

7. Customers are to receive written notice of price increases not less than 30 days prior to the effective date of such price increase. 45 1182870

8. Franchisees shall respond to all customer inquiries regarding service issues including, but not limited to, disruptions, changes to service level, cancelation, and billing within five business days. Customer inquiries can be made by phone, mail, or email.

9. Collection containers will be removed from the property of a customer within five business days of final termination of services to the customer.

10. Not require customers to pay over three months liquidated damages during the renewal term and over six months liquidated damages during the initial term of the service agreement.

11. Not require a customer to give a franchised waste hauler the exclusive right to provide recycling services or organic material collection services as a condition of a customer service agreement unless the customer affirmatively indicates that is its desire.

12. Not require customers to give notice of any offer by a competitor or require customers to give franchised waste haulers the right to respond to such an offer.

13. Franchises must be in full force and effect for the service agreement to be effective.

14. Allow for additional collection services or increased charges for services due to changes in regulations.

15. Allow for customers to send written cancelation at any time during the term of the service agreement; however, the written notice must be provided at least 30 days in advance of the termination date of the current agreement for the customer to avoid being assessed liquidated damages.

C. National contracts or agreements are exempt from the requirements of contract length and renewal terms.

D. A franchised waste hauler shall provide the services described in the customer service agreement.

1. Charges for a specific service shall not begin until the container necessary for that service is delivered to the customer’s site. Service deposits for new customers are allowable as a one-time, upfront cost prior to the beginning of collection charges.
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2. If a franchised waste hauler does not provide services as described in the customer service agreement, a customer may terminate the service agreement.

E. All new or renewed customer service agreements entered into following the adoption of this chapter must meet all requirements contained in this chapter.

Within 180 days after adoption of this chapter all customer service agreements must meet the requirements of this chapter.

SECTION 69.

A. Section 13.24.580 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is hereby amended to read as follows:

A. Any applicant may appeal the solid waste manager’s decision to deny a self-haul application, by submitting a written appeal to the solid waste manager within 20 calendar days after the decision is communicated to the applicant.

2. Subsection B is hereby amended to read as follows:

B. If no appeal is taken within 20 calendar days after the solid waste manager’s decision is communicated to the applicant, the decision of the solid waste manager is final.

B. Except as amended by subsection A, all provisions of section 13.24.580 remain unchanged and in full effect.

SECTION 70.

Section 13.24.600 of the Sacramento City Code is hereby amended to read as follows:

13.24.600 Minimum service levels.

A. Recycling volume requirement. Recycling services shall be provided and maintained at service levels that are sufficient for a specific property with the levels in the table below unless adjusted by the solid waste manager. The solid waste manager may adjust the type, size of a container, number of containers, 47 1182870
or frequency of service at a specific property to meet the needs of materials generated.

Land Use Recycling Volume Required

1. Multi-unit dwelling of 5 or
more dwelling units
Minimum 32-gallon can per
unit or equivalent

2. Commercial Sufficient to divert materials
generated

B. Organics recycling volume requirement. Organics recycling services shall be provided and maintained at service levels that are sufficient for a specific property with the levels in the table below unless adjusted by the solid waste manager. The solid waste manager may adjust the type, size, number, or frequency of service at a specific property to meet the needs of materials generated.

Land Use Organics Recycling Volume
Required

1. Multi-unit dwelling of 5 or
more dwelling units
Minimum 64-gallon can per 25
dwelling units or equivalent

2. Commercial
a. Office and general
commercial
Minimum 32-gallon can per 25
employees on-site
b. Restaurant; bar Minimum 64-gallon can or
equivalent
c. Other organics-generating
uses (i.e., nursery)
Minimum 64-gallon can or
equivalent

SECTION 71.

Section 13.24.620 of the Sacramento City Code is hereby amended to read as follows:

13.24.620 Exemptions from recycling standard.
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A. The city may waive the obligation of a business, non-residential property, or multi-family residential property to comply with some or all of the organic waste requirements of this chapter if the business, non-residential property, or multi- family residential property provides documentation that is acceptable to the solid waste manager demonstrating that:

1. The total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green container as specified in section 18984.1(a) of title 14 of the California Code of Regulations comprises less than 20 gallons per week per applicable container of the total waste.

2. The total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a a green container as specified in section 18984.1(a) of title 14 of the California Code of Regulations comprises less than 10 gallons per week per applicable container of the total waste.

B. Notwithstanding any other provision of this chapter, a business, non-residential property, or multi-family residential property shall not be required to source separate recyclable materials and organic material if that business, non- residential property, or multi-family residential property demonstrates to the solid waste manager, that there is no collection service or other system available for recycling such material.

C. Businesses, non-residential properties, and multi-family residential properties may be exempted by the solid waste manager if it is determined, through a site visit requested by the business, non-residential property, or multi-family residential property, that:

1. There is not adequate storage space for automatic lift containers, bins, carts, or roll off bins for recyclable materials or organic materials on site and that it is infeasible for the business, non-residential property, or multi-family residential property to share automatic lift containers, bins, carts, or roll off bins for recyclable materials with another business, non- residential property, or multi-family residential property on an adjoining property; or
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2. Compliance with this chapter results in a violation of the planning and development code related to the minimum number of required parking spaces.

D. An application for an exemption shall be submitted to the solid waste manager, on a form prescribed by the solid waste manager. After reviewing the request, the solid waste manager shall either approve or disapprove the exemption request.

SECTION 72.

Section 13.24.630 of the Sacramento City Code is hereby amended to read as follows:

13.24.630 Commingling of waste materials.

A. No person shall fail to separate recyclable materials, organic materials, and other solid waste from each other.

B. It is the responsibility of the business, non-residential property, multi-family residential property, owner, or generator, whose solid waste was not removed because it contained recyclables or organics, to properly separate recyclables and organics from the uncollected solid waste for proper collection. No person shall allow such unseparated solid waste to accumulate.

C. Subsections A and B do not apply if a person has obtained an exemption from the solid waste manager for recycling or organics standards as set forth in this chapter.

SECTION 73.

Section 13.24.640 of the Sacramento City Code is hereby deleted.

SECTION 74.

Section 13.24.650 of the Sacramento City Code is hereby deleted.

SECTION 75.

Section 13.24.660 of the Sacramento City Code is hereby deleted. 50 1182870
SECTION 76.

Section 13.24.680 of the Sacramento City Code is hereby amended to read as follows:

13.24.680 Notice of violation.

The solid waste manager may issue a notice of violation to any person violating a provision of this chapter, including but not limited to, any franchise requirement, permit, information request, reporting requirement, or rule or regulation that the solid waste manager is authorized to enforce pursuant to this chapter.

SECTION 77.

Section 13.24.690 of the Sacramento City Code is hereby amended to read as follows:

13.24.690 Notice of violation—Content.

A. The notice of violation shall contain the following:

1. A statement that indicates a violation has occurred.

2. A reference to the section(s) being violated or any regulation, franchise agreement, franchise requirement, order, or other requirement that has been violated.

3. A date by which the person must be in compliance with this chapter.

4. Notification that continued non-compliance may result in additional enforcement action being taken.

B. The notice of violation may also establish required corrective actions to be taken, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter:
a. Ceasing any prohibited actions;
b. Correcting any prohibited actions;
c. Requiring the submission of a written action plan for achieving compliance with the provisions of this chapter; or
d. Reporting requirements to demonstrate continued compliance. 51 1182870
e. The person receiving the notice of violation shall submit written certification to the solid waste manager that the requested corrective actions have been implemented or completed

2. Any other terms or conditions reasonably calculated to prevent additional or future violations.

SECTION 78.

Section 13.24.700 of the Sacramento City Code is hereby amended to read as follows:

13.24.700 Administrative enforcement order.

A. The solid waste manager may issue an administrative enforcement order to any person violating a provision of this chapter, including but not limited to, any franchise requirement, permit, information request, reporting requirement, or rule or regulation that the solid waste manager is authorized to enforce pursuant to this chapter.

B. The solid waste manager may issue an administrative enforcement order either after issuing a notice of violation or in combination with a notice of violation.

SECTION 79.

Section 13.24.702 is hereby added to the Sacramento City Code to read as follows:

13.24.702 Notice of administrative enforcement order- content.

A. The notice of administrative enforcement order shall contain the following:

1. A statement that a violation has occurred.

2. A reference to the section(s), regulation, franchise agreement, franchise requirement, order, or other requirement that has been violated.

3. A date by which the person must be in compliance with this chapter.

4. Notification that continued non-compliance may result in additional enforcement action being taken.

5. Notification that the city may recover costs incurred by the city as a result of the violation.
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6. Notification that the person has the right to appeal the administrative enforcement order and information about how to request an appeal.

B. The administrative enforcement order may also establish required corrective actions to be taken, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter:
a. Ceasing any prohibited actions;
b. Correcting any prohibited actions;
c. Requiring the submission of a written action plan for achieving compliance with the provisions of this chapter; or
d. Reporting requirements to demonstrate continued compliance.

2. The person receiving the administrative enforcement order shall submit written certification to the solid waste manager that the requested corrective actions have been implemented or completed.

3. Any other terms or conditions reasonably calculated to prevent additional or future violations.

SECTION 80.

Section 13.24.704 is hereby added to the Sacramento City Code to read as follows:

13.24.704 Method of service of administrative enforcement order.

Whenever a notice of administrative enforcement order is given under this chapter, the notice shall be served as provided in section 1.04.100.

SECTION 81.

A. Section 13.24.710 of the Sacramento City Code is amended to read as follows:

1. The title of section 13.24.710 of the Sacramento City Code is hereby amended to read as follows:

13.24.710 Appeal of administrative enforcement order.
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2. Subsection A is hereby amended to read as follows:

A. A person may appeal a notice of an administrative enforcement order by submitting a written appeal to the solid waste manager within 10 calendar days from the date of service of the notice of an administrative enforcement order.

The written appeal must be accompanied by a nonrefundable appeal fee in an amount established by city council resolution. The written appeal shall contain:

1. A brief and concise statement explaining why the notice of administrative enforcement order is being contested and any material facts supporting the contentions of the appellant;

2. A brief and concise statement of the reasons why the notice of administrative enforcement order should be reversed or set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and

4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal.

3. Subsection E is hereby amended to read as follows:

E. Failure of any person to file a timely appeal in accordance with the provisions of this section constitutes an irrevocable waiver of the right to an administrative hearing and the notice of administrative enforcement order shall be final.

B. Except as amended by subsection A above, all provisions of section 13.24.710 remain unchanged and in full effect.

SECTION 82.

A. Subsection A of section 13.24.740 of the Sacramento City Code is hereby amended to read as follows:

A. If it is shown, by a preponderance of the evidence, that one or more reasons for issuance of the notice of administrative enforcement order under any of the grounds specified in this chapter exist, the hearing examiner shall affirm the notice of administrative enforcement order. The decision of the hearing 54 1182870
examiner shall be in writing and contain findings of fact and a determination of the issues presented.

B. Except as amended by subsection A above, all provisions of section 13.24.740 remain unchanged and in full effect.

SECTION 83.

Section 13.24.750 of the Sacramento City Code is hereby amended to read as follows:

13.24.750 Inspection authority and re-inspection fees.

A. The solid waste manager is authorized to inspect waste material collection areas on any property within the city for compliance with this chapter.B. When a violation occurs for non-compliance with solid waste or recycling mandates in this chapter, the solid waste manager may issue a notice of violation, administrative enforcement order, administrative penalty, or any combination thereof, and schedule a re-inspection.

C. When a violation continues to exist following the first inspection and according to the timeframe for mandatory correction established by the notice of non- compliance, which shall be no less than 30 days and no more than 90 days, there shall be, upon re-inspection, a re-inspection fee imposed against the responsible person. Should a violation continue following the re-inspection, additional re- inspections shall be conducted and applicable re-inspection fees may be imposed.

SECTION 84.

Section 13.24.760 of the Sacramento City Code is hereby amended to read as follows:

13.24.760 Franchise recycling shortfall penalty.

A. Any franchisee not diverting the required percentage, by weight, of the waste materials under its collection shall pay a recycling shortfall penalty for the tonnage shortfall that would be needed for the franchisee to be diverting waste in compliance with section 13.24.310 of this chapter and any resolution adopted by the city council. The tonnage shortfall shall be based on quarterly reports and documented diversion reported by the franchisee, as determined by the city. The amount of the recycling shortfall penalty will be set by resolution of the city council or defined in the franchise agreement.
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B. The implementation of the recycling shortfall penalty does not relieve franchisee from the obligation of complying with the diversion requirements of section

13.24.310. Failure to pay any recycling shortfall penalty shall constitute grounds for the immediate suspension of the franchise, without advance notice or hearing, pending compliance by the franchisee with the requirements of this chapter.

C. Franchisees are responsible for reimbursement of costs incurred by the city, including staff time and any other city or consultant services, to perform detailed audits where the city determines that documentation of diversion, as reported by franchisees, is inadequate. Where necessary, the city will retain the services of an independent consultant to verify performance and conduct any necessary diversion audits.

SECTION 85.

If any provision of this Ordinance or its application to any person or circumstance is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid.