ORDINANCE NO.3898
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA AMENDING SECTION 43.6.5,
AND SECTION 43.7.'I OF THE TORRANCE MUNICIPAL
CODE, AND A NEW ARTICLE 9 OF CHAPTER 3 OF
DIVISION 4 OF THE TORRANCE MUNICIPAL CODE TO
COMPLY W¡TH SB 1383 AND CHAPTER 3 OF DIVISION 7
OF TITLE 14 OF THE CALIFORNIA CODE OF
REGULATIONS RELATING TO ORGANIC WASTE
DISPOSAL REDUCTION
The City Council of the City of Torrance finds and declares:
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California lntegrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926,44004, and 50001 of, and added Sections 4OOO4,41734.5, and 41780.01 and Chapter 12.8 (commencing with Section42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program; and WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28,2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption; and 1 WHEREAS, Requirements in this ordinance are consistent with other adopted goals and policies of the Jurisdiction including the recycling, waste diversion and recovery provisions set fotth in the Torrance Municipal Code ArticleT of Chapter 3 of Division 4 and Article 8 of Chapter 3 of Division 4.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TORRANCE DOES ORDAIN AS FOLLOWS:
SECTION 1
Section 43.6.5 of the Torrance Municipal Code is amended to read in its entirety as follows:
"43.6.5 EXEMPTIONS.
The following classes of persons, firms or corporations which collect, transport or dispose of solid waste from the City shall be exempted from the requirement to file quarterly reports, or to pay the California lntegrated Waste Management Act fee:
a) Landscapers: Any person, firm or corporation which performs landscaping functions, and therefore collects, transports or disposes of solid waste as an incident to the landscaping. Landscapers include such job descriptions as tree trimmers, yard cleanup, residential or commercial gardeners.
b) Junk Dealers: Any person, firm or corporation which goes from house to house or business to business buying or collecting small quantities of solid waste such as scrap metal, batteries or salvageable building materials.
c) Miscellaneous Contractors: Any person, firm or corporation which performs construction, remodeling or renovation work, and collects, transports and disposes of solid waste in its own vehicles as an incident to the construction, remodeling or renovation.
d) City employees in the course of their work, or contractors working under contract with the City.
e) Any other person, firm or corporation which, upon application, is able to demonstrate to the reasonable satisfaction of the Finance Director that such person, firm or corporation is entitled to an exception from the reporting or payment requirements imposed by the California lntegrated Waste Management Act. lf any of the above classes qualify as a Self-Hauler under Section 43.9.010 of this Chapter, they still must comply with the reporting requirements set forth in that Article 9 of Chapter 3 of Division 4. sEcTtoN 2
Section 43.7.1 of the Torrance Municipal Code is amended to read in its entirety as follows:
"43.7.1 WASTE DIVERSION, RECYCLING AND GRAFFITI.
a) Each person, firm or corporation engaged in the collection of solid waste within the boundary limits of the City of Torrance (hereinafter referred to as "waste hauler") must meet or exceed the City's requirements of the Source Reduction and Recycling Element (SRRE) with respect to the solid waste it collects within the City, including but not limited to compliance with the requirements set forth in the California lntegrated Waste Management Act of 1989 (48939), Mandatory Commercial Recycling (AB 341, 2011), Mandatory Commercial Organics Recycling (AB 1826, 2014), Short Lived Climate Pollutants Organic Waste Reductions (SB 1383, 2015), or any source reduction programs including recycling, composting, special waste, education and public information programs instituted by the City. ln furtherance of those requirements, each waste hauler must defend, indemnify, and hold harmless the City, 2 the City Council, and all members of boards and commissions against any fines or penalties imposed by the State of California in the event that (1) the goals of A8939, AB 341, AB 1826, SB 1383 or other applicable legislation are not met by the City with respect to the quantity of the solid waste collected and the percentage of diversion attained by that waste hauler, or (2) that the waste hauler has delayed in providing information which prevents the Cityfrom submitting reports in a timely manner required by 48939, AB 341, AB 1826, SB 1383 or other applicable legislation, or (3) the waste hauler does not put forlh a good faith effort in meeting or exceeding the established goals and criteria of A8939, AB 341 , AB 1826, SB 1383 or other applicable legislation as may be amended from time to time, the programs detailed in the City's SRRE, or other provisions of the Torrance Municipal Code which may cause or result in potential liability being incurred by the City.
b) Each waste hauler must comply with the following solid waste diversion schedule. The City will have the discretion to reduce or amend the provisions of this Section should the State of California and/or other legislative body reduce, relax or amend the requirements of 48939 and/or those requirements imposed by other applicable legislation:
1) Year 1998 diversion - thirty percent (30%);
2) Year 1999 diversion - forty percent (40"/");
3) Year 2000 diversion and continuing diversion - fifty percent (50%). c) Each waste hauler must not commingle solid waste collected from outside the City with that collected within the City. ln the event such a practice is not practical for that waste hauler, the waste hauler must establish an accounting system subject to the reasonable satisfaction of the City to assure accurate measurement of solid waste collected outside the City and solid waste collected within the City limils when submitting the quarterly reports required by Section 43.6.2. d) Should a waste hauler fail to comply with the recycling provisions set forth in this Code, the City reserves the right to require that a solid waste characterization study be performed on the non-complying hauler's waste stream. Should the City require such a waste characterization study to be performed, it will be pedormed by an independent firm designated by the City and the expense of such study and any related administrative expenses from the City will be solely born by the waste hauler. ln the event the City makes the determination that an independent waste characterization study is warranted, the City will set and approve any and all procedures and/or minimum specifications relative to the conducting of the study. e) Each waste hauler must defend, indemnify and hold the City, the City Council, each member thereof and all officers, employees and agents of the City, and all members of boards and commissions from and against any and all fines, losses, penalties, claims, damages, liabilities or judgments, including attorneys' fees arising from or attributable to any repair, clean up or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan concerning any hazardous substance in any solid waste collected, sorted, stored or disposed of resulting in a release of hazardous substance into the environment which may arise as a result of waste collected within the City by the waste hauler. This indemnity is intended to operate as an agreement pursuant to Section 107(3) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USCA Section 9601 et seq., and California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify the City from all forms of liability under CERCLA, other statutes or common law for any and all matters addressed in this Section and 3 will be limited to the extent of the City's liability. This provision will survive the expiration of the period during which collection services are provided. The CERCLA liability provisions required under this Section will be applicable to all solid waste and recyclable materials a waste hauler may dispose of during the period which collection seruices are provided. The City will have the discretion to require each waste hauler to pay into a CERCLA indemnification fund to assist in defending the City against CERCLA liability. lf so directed, the funds exacted for CERCLA indemnification will be set by resolution of the City Council and will be deposited into a special CERCLA Defense Fund. The Director of Finance is hereby authorized under this Section to establish the appropriate accounting procedures in accordance with the provisions set forth in this Chapter. Funds deposited into this special fund together with any accrued interest thereon, will be used and applied to protect and indemnify the City against any claims which may arise. The City may from time to time loan or advance such funds available in the CERCLA Defense Fund account into other special accounts necessary to protect and defend the City against potential liability. The funds deposited under this Section will remain with the City during the entire period for which liabilities may be incurred. Liability established under this Section will be specific to the quantity of solid waste a waste hauler may have disposed of either in the present or the past at a specified landfill or other depository establishment falling under the context or purviews of CERCLA as may be amended from time to time. Nothing contained within the context of this Section or ordinance will prevent, limit, or othenruise alter the City's alternatives to the extent allowable by law.
f) Each waste hauler, or any other person, firm or corporation, who provides containers for solid waste storage at various places of business, industry or residential units from which they collect, must maintain such solid waste containers free from graffiti. Each solid waste container which shows graffiti must be repainted, cleaned or replaced within 7 days of the first discovery or reporting of the graffiti. g) Should a waste hauler be found not to be in compliance with the solid waste performance schedule established in subsection (b) of this Section, or any other applicable sections of this Code, any business license or other provisions for operating a business issued in accordance with the Torrance Municipal Code will be subject to immediate disciplinary action up to and including suspension or termination of the business license."
SECTION 3
A new Article 9 is added to Chapter 3 of Division 4 to read in its entirety as follows ..ARTICLE 9
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE
43.9.010 DEFtNtTtONS
"Blue Containe/' has the same meaning as in 14 CCR Section 18982.2(aX5) and shall be used for the purpose of storage and collection of Source Separated Non-Organic Recyclable Materials as defined in 14 CCR Section 18982(a)(43), or Source Separated Blue Container Organic recyclable materials. The Blue Container is where either 1) the lid a container of the container is blue in color, or 2) the body of the container is blue in color and the lid is either blue, gray or black in color. Hardware such as hinges or wheels on a blue container may be any color. 4 "California Code of Regulations" or "CCR" means the State of California Code of Regulations.
CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.9., "14 CCR" refers to Title 14 of CCR).
"Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(24). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). "Compliance Review" means a review of records by the City to determine compliance with this ordinance.
"Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18e82(a)(8).
"Compost" has the same meaning as in 14 CCR Section 17896.2(aX4), which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18e82(a)(55).
'C&D' means construction and demolition debris as defined in 43.8.1(g). "Designee" means an entity that a City contracts with or otherwise arranges to carry out any of the City's responsibilities of this ordinance as authorized in 14 CCR Section 1 8981 .2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. "Edible Food" means food intended for human consumption, or as othenruise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otheruvise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. "Enforcement Action" means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
"Excluded Waste " means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land 5 use restrictions or conditions, waste that cannot be disposed of in Class lll landfills or accepted at the facility by permit conditions, waste that in City, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the Jurisdiction's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Jurisdiction or its Designee for collection services. "Food Distributo/' means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). "Food Facility" has the same meaning as in Section 1 13789 of the Health and Safety Code. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1) A food bank as defined in Section 1 13783 of the Health and Safety Code; 2) A nonprofit charitable organization as defined in Section 1 13841 of the Health and Safety code; and,
3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(aX7).
lf the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance. "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otheruvise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food Service Provide/' means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27'1.
6 "Gray Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. Gray container means a container where either 1) the lid of the container is gray or black in color, or 2) the body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware on the container such as hinges and wheels on a gray container may be any color. "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 1 8984.1 (a) and (b), or as otherwise defined in 14 CCR Section 17a02(a)(6.5).
"Green Contained' has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
The Green Container means a container where either 1) the lid of the container is green, or 2) the body of the container is green in color and the lid is green, gray or black in color. Hardware such as hinges and wheels on a green container may be any color. "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and serued, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). "Hauler Route" means the designated itinerary or sequence of stops for each segment of the Jurisdiction's collection service area, or as othen¡uise defined in 14 CCR Section 18982(a)(31 .5). "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the repofiing requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2O25, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 174O2(a)(11.5); or, as otherwise defined in 14 CCR Section 18e82(a)(33).
"lnspection" means a site visit where the City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
"City Enforcement Official" means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance. See also "Regional or County Agency Enforcement Official".
"Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serues an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. lf the definition in 14 CCR Section 18982(a)(38) differs f rom this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapler 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated 7 stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. lf the definition in 14 CCR Section 18982(aX39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
"Mixed Waste Organic Collection Stream" or "Mixed Waste" means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1 , 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
"Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. [EM1] Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. 'MWELO'refers to the ModelWater Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapler 2.7.
"Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18e82(a)(a1).
"Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 1 8982(a)(43).
"Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(a5) or further explained in 14 CCR Section 18995.4. "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). "Organic Waste Generato/' means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
"Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
B
"Prohibited Container Contaminants" means
1) Three-container or three-plus-container collection seruice (Blue Container, Green Container, and Gray Containers): "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
2) Two-container (green/gray) collection service for Source Separated Green Container Organic Waste and mixed materials): "Prohibited Container Contaminants" means the following: (i) discarded materials placed in a Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container; (ii) discarded materials placed in the Gray Container that are identified as acceptable Source Separated Green Container Organic Waste, which are to be separately collected in Jurisdiction's Green Container; and, (iii) Excluded Waste placed in any container. 3) Two-container (blue/gray) collection service for Source Separated Recyclable Materials and mixed materials): "Prohibited Container Contaminants" means the following: (i) discarded materials placed in a Blue Container that are not identified as acceptable Source Separated Recyclable Materials for Jurisdiction's Blue Container; (ii) discarded materials placed in the Gray Container that are identified as acceptable Source Separated Recyclable Materials, which are to be separately collected in Jurisdiction's Blue Container; and, (iii) Excluded Waste placed in any container.
4) One-container collection service: "Prohibited Container Contaminants" means Excluded Waste placed in any container.
"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
"Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
"Regional Agency" means regional agency as defined in Public Resources Code Section 40181. "Regional or County Agency Enforcement Official" means a regional or county agency enforcement official, designated by the City with responsibility for enforcing the ordinance in conjunction or consultation with City Enforcement Official. "Remote Monitoring" means the use of the internet of things (loT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
"Residential" has the same meaning as Residence as defined in 43.2.1 (b) I
"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 1 8982(a)(64). "Route RevieW' means a visual lnspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical lnspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). 'SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Paft 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Shofi-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2O20 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
"Self-Haule/' means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18e82(a)(66X4).
"Single-Family" has the same meaning as Residence as defined in 43.2.1 (b) "Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrialwastes, demolition and construction wastes, abandoned vehicles and parts thereof, 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 semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
1) Hazardous waste, as defined in the State Public Resources Code Section 40141. 2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter I (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3) Medical waste regulated pursuant to the State MedicalWaste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code).
Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1 . Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
"Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional softing or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as 10 otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing. "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17 4O2(a)(1 8.7).
"Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
"Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
"State" means the State of California
"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
1) Supermarket.
2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. 3) Food Service Provider.
4) Food Distributor.
5) Wholesale Food Vendor.
lf the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs f rom this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2) Hotel with an on-site Food Facility and 200 or more rooms. 3) Health facility with an on-site Food Facility and 100 or more beds. 4) Large Venue.
5) Large Event.
6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal, to or greater than 5,000 square feet.
7) A Local Education Agency facility with an on-site Food Facility. 11 lf the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
"Wholesale Food Vendo/' means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
43.9.02O REQU I REM ENTS FOR RES I D ENTIAL G E N ERATORS Residential Organic Waste Generators shall comply with the following requirements:
a) Shall subscribe to the City's Organic Waste collection services for all Organic Waste generated. City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, residential generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). b) Shall participate in the City's Organic Waste collection seruice(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
43.9.030 REOUIREMENTS FOR COMMERCIAL BUSINESSES
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall a) Subscribe to a collection service provided by an authorized hauler, except for commercial businesses that meet the Self-Hauler requirements in Section 43.9.070 of this ordinance. The collection service must be in compliance with a three-, three-plus, two-, or one-container collection service that meets the requirements of Title 14 of the California Code of Regulations. City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection seruice for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City. b) Except Commercial Businesses that meet the Self-Hauler requirements in Section
43.9.070, participate in a collection service(s) provided by their subscribed authorized hauler by placing designated materials in designated containers as determined by the authorized hauler and in compliance with the requirements of Title 14 of the California Code of Regulations.
12 c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 43.9.030(d)(1) and
43.9.030(d)(2) below) for employees, contractors, tenants, and customers, consistent with their subscribed collection service by an authorized hauler or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 43.9.070.
d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of separated wastes commensurate with their collection service by an authorized hauler in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. lf a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1) A body or lid that conforms with the container colors provided through the subscribed collection service provided by an authorized hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section 43.9.030(d) pursuant to 14 CCR Section 18984.9(b)
Ð To the extent practicalthrough education, training, inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with the Commercial Business' subscribed collection service by an authorized dealer or, if self- hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 43.9.070. g) Excluding Multi-Family Residential Dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(bX3).
13 h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of materials into the appropriate container.
i) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to separate materials based on the containers provided by the subscribed collection service by an authorized hauler, and the location of containers and the rules governing their use at each property. j) Provide or arrange access for City or its agent to their properties during all lnspections conducted in accordance with Section 43.9. 110 of this ordinance to confirm compliance with the requirements of this ordinance.
k) Accommodate and cooperate with City's Remote Monitoring program for lnspection of the contents of containers for Prohibited Container Contaminants to evaluate generator's compliance. The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in containers. The program may be implemented at a later date.
l) At Commercial Business's option and subject to any approval required from the City, implement a Remote Monitoring program for lnspection of the contents of its Containers for the purpose of monitoring the contents to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Containers subject to written notification to or approval by the City or its Designee.
m) lf a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 43.9.O7O of this ordinance.
n) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section
43.9.050.
43.9.040 WAIVERS FOR GENERATORS
a) De Minimis Waivers. ïhe City may waive a Commercial Business' obligation (including Multi- Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section
43.9.040(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
1) Submit an application specifying the seruices that they are requesting a waiver from and provide documentation as noted in Section 43.9.040(a)(2) below. 2) Provide documentation that either:
A) The Commercial Business'total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or,
14 B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste.
3) Notify City if circumstances change such that Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded. 4) Provide written verification of eligibility for de minimis waiver every 5 years, if City has approved the de minimis waiver.
b) Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 43.9.030.
A Commercial Business or property owner may request a physical space waiver through the following process:
1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2) Provide documentation from the hauler, licensed architect, or licensed engineer that the premises lacks adequate space for the number of containers required for the subscribed collection service.
3) Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved the application for a physical space waiver.
43.9.050 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1 , 2O24, pursuant to 14 CCR Section 18991 .3. b) Large Venue or Large Event operators not providing food seruices, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1,2024. c) Commercial Edible Food Generators shall comply with the following requirements:
1) Arrange to recover the maximum amount of Edible Food that would otheruvise be disposed.
2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
15 4) Allow City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991 .4. 5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991 .4:
A) A list of each Food Recovery Seruice or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991 .3(b).
B) A copy of all contracts or written agreements established under 14 CCR Section 18ee1 .3(b).
C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i) The name, address and contact information of the Food Recovery Seruice or Food Recovery Organization.
ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii) The established frequency that food will be collected or self-hauled iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
6) No later than April 1 of each year commencing no later than April 1,2023 for Tier One Commercial Edible Food Generators and April 1,2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City that includes the following information for the previous year:
A) Annual quantity of food collected, or self-hauled to a Food Recovery Seruice or Food Recovery Organization for Food Recovery
B) The date(s) of collection and/or self-haul to a Food Recovery Service or Food Recovery Organization for Food Recovery.
d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
43.9.060 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18ee1 .5(a)(1):
1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
16 2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 1 8991 .5(a)(2):
1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. c) Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18ee1 .3(b).
d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991 .3(b) shall repoft to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April 1 of each year. e) Food Recovery Capacity Planning
1) Food Recovery Seruices and Food Recovery Organizations. ln order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
43.9. O7O REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS a) Requirements for Haulers
1) Haulers providing Commercial, or industrial Organic Waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
17 A) Through written notice to the City annually on or before January 1 of each year, identify the facilities to which they will transport Organic Waste generated within the City, including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste.
B) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste, to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
C) Obtain authorization from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a mannerthat complies with 14 CCR Section 18989.1, Section
43.9.080 of this ordinance, and City's C&D ordinance.
2) Authorized Haulers who collect Organic Waste in the City shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its permit, license, or other agreement entered into with the City.
b) Requirements for Facility Operators and Community Composting Operations 1) Owners of facilities, operations, and activities that recover Organic Waste generated from the City, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60days. 2) Community Composting operators, upon City's request [EM2], shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.
43.9. O8O SELF-HAULER REQUIREMENTS
a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that City othenvise requires generators to separate for collection in the City's organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or propefiy that processes or recovers Organic Waste; this record shall be subject to lnspection by the City. The records shall include the following information:
1) Delivery receipts and weight tickets from the entity accepting the waste. 18 2) The amount of material in cubic yards or tons transported by the generator to each entity 3) lf the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 43.9.070(c) to City if requested.
43.9. O9O COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS a) Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 1 1 , (CALGreen), as amended, if their project is covered by the scope of CALGreen or by more stringent requirements of the City. lf the requirements of CALGreen are more stringent than the requirements of this Section, the CALGreen requirements shall apply.
b) For projects covered by CALGreen or more stringent requirements of the City, the applicants must, as a condition of the City's permit approval, comply with the following:
1) Where 5 or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with a three-, three-plus, or two-container collection program, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1 , and 5.410.1 of the California Green Building Standards Code, 24 CCR, Paft 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1,2020.
2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with a three-, three-plus, or two- container collection program, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1,
4.410.2,5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Pafi 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1,2020. 3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with City's C&D ordinance in Division 4 of the Torrance Municipal Code, Division g of the Torrance Municipal Code, and any other written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. 19 43.9. 1OO MODELWATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 5OOsquare feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section.
b) The following Compost and mulch use requirements that are part of the MWELO are now also included as iequirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, ChapTer 2.7.
c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in (a) of this Section shall:
1) Comply with Sections 492.6 (aXSXBXC),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000) square feet of permeable area shall be incorporated to a depth of 6inches into the soil. Soils with greater than 6%organic matter in the top 6inches of soil are exempt from adding Compost and tilling.
B) For landscape installations, a minimum 3-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to 5%of the landscape area may be left without mulch.
Designated insect habitat must be included in the landscape design plan as such.
C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. 2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this section shall consult the full MWELO for all requirements.
d) lf, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(aX3XB) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a localordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. 20 43.9. 110 PROCUREMENT REQUIREMENTS FOR CITY DEPARTMENTS, DIRECT SERVICE
PROVIDERS, AND VENDORS
a) City departments, and direct service providers to the City, as applicable, must comply with the City's Resolution Regarding Procurement of Recycled Products (Resolution No. 2OO2-42) adopted on April 23,2002.
b) All vendors providing Paper Products and Printing and Writing Paper shall:
1) lf fitness and quality are equal, provide Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non- recycled items.
2) Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City.
This certification requirement may be waived if the percentage of postconsumer material in the Paþer Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. 4) Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013). 5) Provide records to the City's Recovered Organic Waste Product procurement recordkeeping Designee, in accordance with the City's Recycled-Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within 3Odays of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 43.9. 100(bX3) and 43.9. 100(bX4) of this ordinance for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non- recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.
43.9.120 INSPECTIONS AND INVESTIGATIONS BY CITY
a) City representatives and/or its designated entity, including Designees are authorized to conduct lnspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), propefty owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential propefiy for lnspection. For the purposes of inspecting Commercial Business containers for compliancê with Section 43.9.030(b) of this ordinance, the City may conduct container lnspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to this ordinance. 21 b) Regulated entity shall provide or arrange for access during all lnspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designated entity/Designee during such lnspections and investigations. Such lnspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of Remote Monitoring equipment; or (ii) access to records for any lnspection or investigation is a violation of this ordinance and may result in penalties described. c) Any records obtained by a City during its lnspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. d) City representatives, its designated entity, and/or Designee are authorized to conduct any lnspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. e) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
43.9.130 ENFORCEMENT
a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative.
Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. c) Responsible Entity for Enforcement
1) Enforcement pursuant to this ordinance may be undefiaken by the City Enforcement Official, which may be the city manager or their designated entity, City Attorney, or combination thereof.
2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City, in consultation with the City Enforcement Official.
A) City Enforcement Official(s), and/or Regional or County Agency Enforcement Officialwill interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
B) City Enforcement Official(s) and/or Regional or County Agency Enforcement Official may issue Notices of Violation(s).
d) Process for Enforcement
22 1) City Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an lnspection program (that may include Remote Monitoring). Section 43.9.110 establishes City's right to conduct lnspections and investigations.
2) City may issue an official notification to notify regulated entities of its obligations under the ordinance.
3) Contamination Processing Fees/Penalties. For incidences of Prohibited Container Contaminants found in containers, City will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided immediately upon identification of the Prohibited Container Contaminants or within Tdays after determining that a violation has occurred. lf the City observes Prohibited Container Contaminants in a generator's containers on consecutive occasion(s), the City may assess contamination processing fees or contamination penalties on the generator. 4) With the exception of violations of generator contamination of container contents addressed under Section 43.9.120(dX3), City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine.
6) Notices shall be sent to "owner'' at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.
e) Penalty Amounts for Types of Violations
1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. 2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation. 3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
f) Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
1) The nature, circumstances, and severity of the violation(s). 2) The violator's ability to pay.
3) The willfulness of the violator's misconduct.
4) Whether the violator took measures to avoid or mitigate violations of this chapter. 5) Evidence of any economic benefit resulting from the violation(s). 6) The deterrent effect of the penalty on the violator. 7) Whether the violation(s) were due to conditions outside the control of the violator. 23 g) Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 43.9.120 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2) Delays in obtaining discretionary permits or other government agency approvals; or, 3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
h) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appealthe citation. A hearing will be held only if it is requested within the time prescribed and consistent with City's procedures in the City's codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order. i) Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, City will conduct lnspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1 ,2022, and that violations may be subject to administrative civil penalties starting on January 1,2024.
j) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Seruice, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 43.9.120, as needed." SECTION 4
lf any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Torrance hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
SECTION 5
Any provisions of the Torrance Municipal Code or its appendices, or any other ordinances of the City inconsistent with this Ordinance, to the extent of the inconsistencies and no further, are repealed
24 SECTION 6
This Ordinance shall take effect 30 days after the date of its adoption. Within 15 days following adoption, this Ordinance or a summary of this Ordinance if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED and APPROVED this 1st day ot March,2022
ADOPTED and PASSED this 15th day of March, 2022.
APPROVED AS TO FORM
PATRICK Q. SULLIVAN , City Attorney ATTEST:
a Y. Strader, Assistant City Attorney Poirier, MMC, City Clerk TORRANCE CITY COUNCIL ORDINANCE NO. 3898
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
SS
Ashcraft, Chen, Griffiths, Kalani, Mattucci, Walser, and Mayor Furey.
None.
None.
None.
Poirier, MMC
City Clerk of the City of Torrance
25 )
)
)
l, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council held on the 1st day of March, 2022 and was duly adopted at a regular meeting of said Council held on the 15th day of March, 2O22by the following rollcallvote:
AYES:
NOES:
ABSTAIN
ABSENT:
Date:blet Iyz
COUNCILMEMBERS
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
This ordinance was duly published in accordance with State law (GG 40806).