ORDINANCE NO. 1306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING CHAPTERS 8.12 (SOLID WASTE MANAGEMENT AND
RECYCLING) AND 8.14 (MANDATORY ORGANIC WASTE DISPOSAL
REDUCTION) OF THE VERNON MUNICIPAL CODE REGARDING SOLID
WASTE SELF-HAULING
SECTION 1. Recitals.
A. Senate Bill 1383 (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 the City, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Food Recovery Organizations, and Food Recovery Services, to support the achievement of Statewide Organic Waste disposal reduction targets.
B. SB 1383 required the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations.
C. On February 1, 2022, in order to comply with SB 1383, the City Council adopted Ordinance No. 1278, adding Chapter 8.14 (Mandatory Organic Waste Disposal Reduction) to the Vernon Municipal Code (VMC) to regulate organic waste disposal reduction.
D. Ordinance No. 1278 did not include any updates or revisions to Chapter 8.12 (“Solid Waste Management and Recycling”), which contains general waste management regulations, hauler requirements, and self-hauling.
E. The City Council desires to amend Chapters 8.12 and 8.14 of the VMC to address minor inconsistencies and include updates to the City’s self-hauling provisions to ensure compliance with SB 1383 and increase efficiency in the administration of the self-hauling provisions.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15308, which exempts "actions by regulatory agencies for the protection of the environment." This Ordinance is consistent with the goals of California State Assembly Bills 939, 341, and 1826, as well as Senate Bill 1383.
SECTION 4. The City Council hereby finds that the unregulated collection and transportation of solid waste can pose significant environmental and public health risks, including the potential for illegal dumping, traffic congestion, and the spread of disease, while promoting fair competition in the solid waste industry, and ensuring all solid waste haulers comply with applicable laws and regulations.
SECTION 5. Vernon Municipal Code Chapter 8.12 is hereby amended to read as follows with amendments denoted in underline and deletions by strikethrough.
Chapter 8.12. SOLID WASTE MANAGEMENT AND RECYCLING
Section 8.12.010. Definitions.
The words and phrases contained in this chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this chapter, be defined as follows:
"AB 341" means Assembly Bill 341 from the 2011-2012 Regular Session of the California Legislature (Chapter 476, Statutes 2011).
"AB 939" means that State Legislation commonly known as the California Integrated Waste Management Act (Chapter 1095, Statutes 1989, as amended) as codified in Public Resources Code Section 40000, et seq. "Agreement" means the non-exclusive franchise agreement between City and franchisee for collection, transfer, transportation, recycling, processing and disposal of commercial and industrial and/or solid waste, including all exhibits and attachments, and any amendments thereto.
"Bins" means a container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under 10 cubic yards. "Cart" means a plastic container provided by a franchisee for collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping, having a capacity of under 150 gallons. "City" means the City of Vernon.
"City Administrator" means the City Administrator of the City of Vernon or duly authorized representative or designee. Unless otherwise directed by City Administrator, the Director of Health and Environmental Control shall be the City Administrator's designee.
Ordinance No. 1306
____________________
"Collect" or "collection" or "collecting" means to take physical possession of, transport, and remove solid waste from a premises.
"Commercial premises" means premises upon which business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. "Container" means any and all types of solid waste receptacles, including carts, bins, and rolloff boxes.
“Designee” means a person authorized by the Director of Health and Environmental Control or City Administrator to act on their behalf for purposes of enforcement.
"Franchisee" means a person, persons, firm or corporation that has been issued a non-exclusive franchise by City to provide solid waste handling services related to solid waste generated within the City.
"Harborage" means any condition which provides shelter, protection, or a breeding place for vectors, thus favoring their multiplication and continued existence. "Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115 and 25117, or in the future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S.
Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.
"Health Department" or "Department" means the City's Health and Environmental Control Department.
"Health Officer" means the Director of Health and Environmental Control, or duly authorized representative. The duties of Health Officer are those set forth in the Health and Safety Code of the State. Whenever a power is granted to or a duty imposed upon Health Officer in this chapter, the power may be exercised or the duty performed by a duly authorized representative of Health Officer, unless this chapter expressly provides otherwise.
"Large residential premises" means all premises with five or more dwelling units. "Liquid waste" means all those materials which are liquid or mostly liquid and which the generator no longer considers of sufficient value to retain, including, but not limited Ordinance No. 1306
____________________
to, sewage, industrial by-products, waste water, and the cleanings from septic tanks, cesspools, chemical toilets, sewage seepage pits, sewage clarifiers, sumps and from similar sewage interceptors.
"Liquid waste pumping vehicle" means any vehicle used in whole or in part for the transportation of liquid waste.
"Offal vehicle" means any vehicle used in whole or in part for the transportation of offal, tankage, blood, feathers, bones, hides, pelts and similar animal, fish or fowl byproducts. "Person" means any individual, firm, association, organization, partnership, corporation, group or other entity.
"Premises" means any land, building and/or structure within the City limits where solid waste is generated or accumulated.
"Recyclable material" or "recyclables" means that solid waste capable of being recycled, including, but not limited to, green waste, glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal.
"Recycle" or "recycling" means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become solid waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace. "Rendering materials" means carcasses of animals or fowl, dead animals or fowl, fish, blood, offal, bones, meat, animal or vegetable fat, feathers, food scraps or waste, and other animal, fowl, or fish byproducts.
"Rendering plant" means an establishment where one or more rendering materials are cooked, melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer, or animal feed. A rendering plant shall not include an establishment exclusively producing fats, oils, lard, or similar products for human consumption; nor any similar process in connection with, and incidental to, a slaughterhouse, abattoir, packing plant, or similar establishment producing food for human consumption.
"Residential premises" means all premises upon which dwelling units exist. "Rodent" means rats, mice, and other rodents which may serve as hosts of diseases communicable to man, or which, by their filthy characteristics, are offensive to man.
"Rolloff box" means solid waste collection containers of 10 cubic yards or larger, Ordinance No. 1306
____________________
including compactors.
"Self-hauler" means any person that, pursuant to a permit obtained in accordance with Section 8.12.060(H) of this chapter, hauls solid waste, organic waste, or recyclable material that person generated directly to the appropriate facility, as required by this chapter and chapter 8.14 of this Code.
"Self-haul permit" means a permit issued by the City to self-hauler under this chapter.
“Self-haul vehicle” means a vehicle that is registered with the City for the purpose of transporting solid waste from the property where the waste is generated to the designated disposal location.
"Solid waste" means and includes all solid waste as defined in Public Resources Code Section 40191, as it may be amended from time to time. Solid waste does not include hazardous waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes as defined herein.
"Special wastes" means wastes other than solid waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal waste, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which requires special handling. "Vector" includes rodents, fleas, flies, bedbugs, cockroaches, lice, mosquitoes, ticks, or other vermin which could transmit pathogens.
"Yard waste" means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.
Section 8.12.020. Public nuisance.
In addition to any other legal remedy, whether civil or criminal, a violation of the provision of this chapter is a public nuisance and may be enjoined and abated as such.
Section 8.12.030. Offal vehicles.
Offal vehicles, truck beds, tanks, barrels, and other containers used for transporting offal and other renderings intended for a rendering plant shall be: (a) made of durable materials; (b) water-tight; (c) constructed so that the rendering materials transported cannot fall, drip, seep, drain, or splash from the conveyance during transportation; (d) covered during transport or storage of rendering materials; (e) constructed in such a manner as to permit thorough cleaning; and (f) thoroughly cleaned each time following delivery a load of rendering materials to a rendering plant. Any metal joints and seams shall be welded. Offal vehicles shall be maintained in good repair and Ordinance No. 1306
____________________
in a sanitary condition. The name, address, and telephone number of the owner operator, permittee, or business name shall be legible, clearly visible, and permanently indicated on at least two sides of the exterior of the vehicle.
Section. 8.12.040. Rendering plants.
A. Sanitation of Premises. The premises of all rendering plants shall be cleaned at least once each day by scraping, brushing, or washing paved areas where required, and all such areas shall be kept free of refuse, trash, or accumulated rendering materials.
B. Sanitation of Equipment. All cooking equipment, barrels, bins, presses, conveyors, grinders, hogs, tanks, and other equipment which is used to convey, hold, or process rendering materials shall be thoroughly cleaned at least weekly. All other equipment shall be cleaned as often as necessary to maintain it in a sanitary condition and to prevent a nuisance from odors.
C. Floors, Paved Areas, and Drains. Rendering plant floors, rendering material storage areas, processed material storage areas, truck washing areas, driveways, and truck parking and maneuvering areas shall be constructed of concrete or other hard paving material impervious to water. All such paved areas shall be sloped to drains which are connected to an approved clarifier which, in turn, is connected to the sewer. Drains in uncovered areas and those drains which may receive excessive runoff of flood waters during rainstorms shall be connected to the clarifier through an approved rain-diversion valve.
Liquid waste runoff from rendering plant paved areas shall be contained on the plant premises by the use of curbing, slopes, troughs, driveway entrance drains or other methods which will effectively prevent such liquid waste from running onto public sidewalks, streets, or other public or private property.
D. Rendering Material Storage.
1. Area. All rendering materials shall be delivered to and stored only in a designated rendering material storage area. The rendering material storage area shall be paved, curbed, and sloped or roughed to prevent liquid waste from the rendering materials seeping or flowing to surrounding areas.
2. Time Limitation.
a. All rendering materials shall be processed within a 48-hour period after arrival at the rendering plant. If, for any reason, any rendering materials cannot be processed within the
foregoing time limitation, the rendering plant operator shall notify the Vernon Health Department. The Health
Ordinance No. 1306
____________________
Department, after investigating the reasons for delay, may permit the rendering materials to be stored for additional time or may direct the rendering plant operator to dispose of all such material until such time as the rendering plant can again properly process rendering materials within the
designated storage time period.
b. Until such time as the rendering plant is again placed in normal operation and the Health Department has approved the resumption of rendering material deliveries, all rendering material deliveries to the rendering plant shall be
immediately discontinued and no future rendering material deliveries shall be made.
c. Any rendering materials remaining on site beyond the 48- hour time limitation with the approval of the Health
Department shall be treated with a suitable chemical which will retard decay and mask odor emanating from such
material.
E. Equipment Breakdown. If a delay in the normal processing of rendering materials is due to a major breakdown of equipment and such delay may be in excess of 72 hours, all cookers shall be immediately emptied and all existing rendering materials, both raw and partially cooked, shall be removed from the rendering plant property and shall be disposed of by legal means. All rendering material deliveries to the rendering plant shall be immediately discontinued and no future rendering material deliveries shall be made until such time as the rendering plant is again placed in normal operation and the Health Department has approved the resumption of rendering material deliveries.
F. Vector Control. All rendering plants shall continually maintain an effective vector control program within the plant and on the premises. Such control program shall include: (1) a thorough inspection of the plant and premises at least once each week to detect vector activity; and (2) use of rodenticides, insecticides, and other effective means to eliminate vectors and to prevent vector harborage.
G. Bird Control. All rendering plants shall continually maintain an effective bird control program. Such control program shall prevent bird access to raw or processed rendering materials, and eliminate bird nesting and roosting sites.
Section. 8.12.050. Liquid waste pumping vehicles.
A. Vehicle Construction and Maintenance. Liquid waste pumping vehicles shall comply with the following specifications:
Ordinance No. 1306
____________________
1. All bodies and tanks shall be constructed of metal. All joints and seams shall be welded and the tank shall be leakproof.
2. All valves, couplings, hoses, and other appurtenances used to transfer material to and from the vehicle storage tank shall be so constructed, maintained, and stored as to preclude any dripping, draining, spilling, or splashing of pumped material during transfer or while the truck is traveling between places of collection and place of transfer or disposal.
3. The name, address, and telephone number of the owner operator, permittee, or business name shall be legible, clearly visible, and permanently indicated on at least two sides of the exterior of the vehicle.
4. Each vehicle shall be kept clean, sanitary, well painted, and in good repair at all times.
B. Dumping Prohibited. No person operating or in charge of a liquid waste pumping vehicle shall pump, transfer, discharge, deposit, drain, or place any liquid waste from said vehicle directly or indirectly onto the surface of the ground or into any storm drain channel, natural or artificial drain, watercourse, gutter, river or tributary within the City of Vernon or into any public or private sewer, sump, tank, or clarifier in the City of Vernon without the proper permits.
Industrial by-products transported in liquid waste pumping vehicles may be transferred to receiving tanks at rendering plants, oil refineries, reprocessors, and similar industrial establishments.
C. Registration Required. All liquid waste pumping vehicles pumping or removing material from a location in the City of Vernon or delivering pumped material to a location in the City of Vernon shall comply with the provisions of Sections 117405 to 117450 of the California Health and Safety Code and shall register and obtain a permit from the Health Officer. Said registration shall be in addition to any other registration, permit, or license required by the City of Vernon or other governmental entity. The Health Officer shall register any liquid waste pumping vehicle which complies with the provisions of this section and shall issue a permit. A permit decal or plate shall be affixed in a conspicuous place on the rear of the vehicle or tank. If the Health Officer cancels or revokes the Health Department registration for such vehicle pursuant to Section 117445 of the California Health and Safety Code, the permit decal or plate shall be removed or effaced.
D. Records Required. Each operator of a liquid waste pumping vehicle in the City of Vernon shall maintain accurate records giving the date and listing each and every one of the premises by name and address where a septic tank, cesspool, Ordinance No. 1306
____________________
sewage seepage pit, clarifier, chemical toilet, sump, or other receptacle was cleaned or pumped by said operator or its employees or others on its behalf, and said records shall also describe in precise terms the date and place where the cleanings or material were disposed and by whom. These records, or an exact copy, shall be furnished to the Health Officer on demand (Section 117435, California Health and Safety Code). Said record shall be maintained by each operator for at least one year.
Section 8.12.060. Collection of solid waste.
A. Authority to Grant Non-Exclusive Franchises. The City Council may, by resolution, grant one or more franchise(s) for solid waste handling services related to solid waste generated within the City. Any grant of a franchise by the City Council may be subject to such terms, conditions, rules, regulations, restrictions, and limitations as the City Council deems necessary to protect the public health, safety, or welfare.
B. Subscription to Collection Service or Self-Hauling.
1. Arrangements for Removal of Solid Waste Mandatory. Except as otherwise provided in this chapter, the owner, property manager, tenant and/or person in charge or control of each residential premises and each commercial premises in the City shall either: (a) subscribe to solid waste collection services with a franchisee for said premises; or (b) register as a self-hauler and obtain a self-hauler permit as set forth in this chapter in connection with said premises.
2. Exception—Vacant Premises. The above requirement to
arrange for solid waste collection services shall not apply in connection with any residential premises at which all dwelling units are vacant, or commercial premises that are vacant, for a period of 45 days or more, provided this exception shall only apply during the period of vacancy. Any person seeking to avail himself/herself of the exception provided herein shall bear the burden of providing reasonable evidence to City, pursuant to such regulations or guidelines as the City Administrator, or designee, is hereby authorized to develop, demonstrating vacancy of the premises for the period in question.
C. Public Nuisance.
1. It is unlawful, and a public nuisance, for any person to occupy or inhabit any premises within the City for which arrangements have not been made and kept in full force and effect for solid Ordinance No. 1306
____________________
waste collection services in a manner consistent with the provisions hereof.
2. The keeping of solid waste in containers other than those prescribed by this chapter, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances. It is unlawful to throw, place, scatter, allow to accumulate or bury any garbage, waste, combustible or noncombustible rubbish, or contaminated dirt, in, upon or below the surface of any premises, highway, public street, public place, or catch basin in the City or on the premises of another.
D. Containers.
1. Every owner, occupant or person in possession, charge or control of any premises within the City shall deposit or cause to be deposited all solid waste generated or accumulated on such premises, and intended for collection and disposal, in sealed, watertight bins, carts, rolloff boxes or other containers that are either: (a) provided by, or acceptable to, a franchisee; or (b) approved by City Administrator, or designee, for self-hauling purposes pursuant to this chapter. No owner, occupant or person in possession, charge or control of any premises shall utilize a bin, cart, rolloff box or other container not in conformance with the requirements hereof for the collection, accumulation or storage of solid waste.
2. No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-of-way for collection service prior to 6:00 p.m. on the evening preceding the normal collection time, and all containers so placed shall be removed from the street or right-of-way within 12 hours after collection.
3. Container lids shall remain closed at all times that the container is unattended. If the solid waste contained within a bin, cart, rolloff box or other container exceeds the actual capacity of the container, then a larger container or multiple containers shall be utilized.
4. It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff box or other container of another person or business. Notwithstanding anything
Ordinance No. 1306
____________________
contained herein to the contrary, the sharing of containers shall be permitted under the following conditions:
a. The owner, property manager or person in charge or control of a premises upon which multiple dwellings exists may
arrange for containers for shared use by the occupants, tenants or persons in possession of the dwelling units on such premises.
b. The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a container for solid waste collection services at a common location, subject to approval of the City Administrator, or designee, which approval may be delegated to a franchisee. Approval by the City Administrator, or designee, shall be based upon:
(i) the type of solid waste generated by each commercial premises; and (ii) the number of containers and frequency of solid waste collection needed to protect the public health, welfare and safety.
5. It is unlawful to use any bin, cart, rolloff box or other container furnished by a franchisee for any purpose other than the collection, accumulation and storage of solid waste; or to convert or alter such containers for other uses; or to intentionally damage or deface such containers.
6. All containers used for the collection of solid waste at residential premises shall be stored out of public view in a side or rear yard or an enclosed garage except on collection day. If the physical design of the premises does not allow for obscuring containers from public view, containers shall be stored in an area at the point furthest from the closest street or roadway.
7. In all instances, a sufficient number of containers shall be provided to accommodate the volume of solid waste generated on the premises.
E. Frequency of Collection.
1. Residential Premises. With the exception of vacant premises meeting the provisions of subsection (B)(2), not less than once per week, every owner, occupant or person in possession, charge or control of any residential premises within the City shall remove or cause to be removed by subscription to services provided by a franchisee, or by self-hauling (as provided herein), Ordinance No. 1306
____________________
all solid waste stored, generated, collected or accumulated on such premises. Such services for residential premises shall be provided solely by a franchisee with an exclusive franchise, and if no exclusive franchise has been issued, then such service shall be provided by the same party that provides solid waste collection services to residential parcels owned by the City or by another franchised hauler approved by the City, which approval shall not be unreasonably withheld.
2. Commercial Premises. With the exception of vacant premises meeting the provisions of subsection (B)(2), not less than once per week, every owner, occupant or person in possession, charge or control of any commercial premises within the City shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a
franchisee, all solid waste stored, generated, collected or accumulated on such premises.
3. Modifications to Collection Frequency. The City Administrator, or designee, may provide written notice to the owner of any premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such premises. The City
Administrator, or designee, may direct that solid waste shall be removed by the owner of any premises so notified on a more frequent schedule and/or that additional or larger containers shall be utilized.
F. Unlawful and Prohibited Acts.
1. It is unlawful for any person other than a franchisee (or its agents and employees) to collect any discarded solid waste including recyclable material, within the City. This prohibition shall not, however, apply to:
a. A person that obtains a self-hauler permit in accordance with this chapter;
b. The owner, tenant or occupant of residential or commercial premises who has subscribed for and is receiving solid
waste collections services from a franchisee, when such owner, tenant or occupant is collecting materials generated at his or her own premises for delivery to a lawful disposal or recycling facility. This exemption does not permit the hiring Ordinance No. 1306
____________________
of any person or entity, other than a franchisee, to collect solid waste from one's own premises;
c. The collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said materials, and further provided that such services comply with any ordinances, policies and regulations of City relating to the collection of such materials;Except as provided by Section 8.12.060(G), the collection, transportation and disposal of construction and demolition debris by a
contractor, handyperson, repairperson or other similar
service provider as an incidental part of the services
provided to its customers rather than as a hauling service, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said
materials, and further provided that such services comply with any ordinances, conditions of approval, policies and regulations of City relating to the collection of such materials; d. The collection of yard waste, green waste and related solid waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its
customers, rather than as a hauling service, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said materials;The collection of yard waste, green waste and related solid waste by a
gardener or landscaper as an incidental part of the
gardening or landscaping services provided to its customers, rather than as a franchisee, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said materials, and that such yard waste and green waste is transported and disposed of at a facility that recovers source separated organic waste;
e. Any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material (the "generator") provided, however, to the extent permitted by law, if the generator is required to pay monetary or non-monetary consideration for the
collection, transportation, transfer or processing of
recyclable material, the fact that the generator receives a Ordinance No. 1306
____________________
reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation;
f. The collection, transportation or disposal of solid waste by City employees in the course and scope of their employment with the City;
g. Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act,
California Public Resources Code Section 14500 et seq.; h. By products of sewage treatment, including sludge, sludge ash, grit, and screenings;
i. Residue or non-processible waste from a facility with a solid waste facility permit granted by CalRecycle, including waste transfer material recovery, composting, and transformation facilities; and
j. The collection, transportation, or disposal of hazardous waste; universal waste; e-waste; biohazardous waste;
untreated medical waste; infectious waste; animal waste (including carcasses, dead animals and/or parts or portions of dead animals, but and excluding manure); used cooking fats, oils, grease and similar waste; or other materials which do not constitute solid waste.
2. It is unlawful for any person, other than the owner, occupant or person in possession, charge or control of any residential or commercial premises, or a person authorized by law (such as a franchisee), to remove any bin, cart, rolloff box or other container from any such premises or from any location where it was lawfully placed for collection, without the prior written approval of the owner, occupant or person in possession, charge or control of such premises.
3. No person shall place solid waste adjacent to a street or public right-of-way for collection by a franchisee without having first subscribed for solid waste collection services with such franchisee.
4. No person shall burn or process any solid waste within the City, except in an approved incinerator, digestor or other device for which a permit has been issued by the Building Official and fire Ordinance No. 1306
____________________
marshal, and which complies with all applicable local, State and/or Federal permit requirements, laws, rules and regulations.
5. It is unlawful for any person, other than a franchisee, to take, remove or appropriate for his or her own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a franchisee, regardless of whether the solid waste is placed in a bin, cart, rolloff box or other container.
G. Use of Containers for Solid Waste Generated During Construction and Demolition. Any person who generates solid waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste collection service with the use of containers from a franchisee, be registered to self-haul such solid waste in the manner set forth herein, or make arrangements pursuant to Chapter 8.16. In addition to constituting a violation of this chapter, the failure to produce evidence of compliance with this section upon the request of a City Building Inspector, code enforcement officer or other City officer shall constitute a basis for the City Administrator, or designee, to order that all work cease until compliance with this section occurs.
H. Self-Haulers.
1. Self-haulers holding a self-hauler permit and operating in accordance with this chapter are only permitted to collect, transport, and dispose of solid waste generated by and
upon the self-hauler's own premises. Under no
circumstances may a self-hauler collect, transport, or
dispose of solid waste generated upon premises that are not owned, operated, or controlled by the self-hauler.
Notwithstanding any other provision of this chapter, selfhaulers shall not be permitted to share, place solid waste in, or otherwise use the bin, cart, rolloff box, or other container of another person or business.
2. Permit. All self-haulers shall subscribe to the following requirements:
a. Each self-hauler shall obtain a permit from the City Administrator. Self-haulers must renew their permit at the commencement of each fiscal year. Initial applications for a permit following the adoption of these regulations, for Ordinance No. 1306
____________________
the 2014-2015 fiscal year, must be submitted to the City Administrator on or before January 30, 2015.
b. The application for a self-hauler permit, whether upon initial application or renewal, shall include the following:
(i) a list of all bins, carts, rolloff boxes and other
containers to be used by the self-hauler; (ii) a list of all transportation and disposal equipment to be used by the self-hauler; (iii) a written explanation of where all solid waste will be delivered for disposal and diversion; (v) a written plan explaining to the reasonable satisfaction of the City Administrator how not less than 50% of solid
waste collected will be diverted from disposal in
compliance with AB 939 or other higher diversion
requirements as may be imposed by applicable laws; and
(vi) any other information deemed necessary by the City Administrator to ensure protection of public health, safety and sanitary needs.
c. Applications to renew a self-hauler permit shall additionally include: (i) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has
effectively diverted at least 50% of all solid waste
collected from its premises from landfills in a manner that complies with the requirements of AB 939 and any other
higher requirements as may be imposed by applicable
laws; and (ii) receipts from self-hauling activities
undertaken in the prior year demonstrating that the
applicant has delivered solid waste collected from its
premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such selfhauler by the City Administrator. d. The City Administrator shall approve the application for a self-hauler permit if it meets the requirements of this section, and if the equipment, containers, diversion plan and disposal plan are to his or her reasonable
satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied
with the 50% diversion requirement, or such other
diversion requirements as may be imposed by applicable
laws, and otherwise complied with all laws related to
collection, transportation and disposal of solid waste.
Ordinance No. 1306
____________________
3. Containers. Each self-hauler shall provide its own bins, carts, rolloff boxes or other containers. Bins, carts, rolloff boxes or other containers utilized by a self-hauler must conform to industry standards for solid waste disposal and must be approved by the City Administrator in writing prior to issuance of a self-hauler permit. In addition, any
containers utilized by a self-hauler shall comply with the following requirements:
a. All containers shall be maintained in good repair, and any question as to the meaning of this standard shall
be resolved by the City Administrator.
b. All containers shall be maintained in a sealed,
watertight condition;
c. Self-haulers shall remove any graffiti that appears on containers within 24 hours after becoming aware of it.
4. Collection and Transport Equipment. Collection and
transport equipment, including, but not limited to, transport trucks and vehicles, utilized by a self-hauler must be
approved by the City Administrator in writing prior to
issuance of a self-hauler permit, and must be appropriate for their intended purpose.
5. Noncommercial Venture. It is the intent of this chapter to prevent and proscribe self-hauling activities undertaken as a commercial enterprise. Self-haulers must obtain all
equipment, including containers and collection and
transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise.
Stated otherwise, a self-hauler may not pay a solid waste enterprise an amount that exceeds fair market value for equipment, and then claim to receive collection,
transportation and disposal services at no cost from such solid waste enterprise. A self-hauler may utilize its own employees to undertake self-hauling activities, but under no circumstance may a self-hauler utilize an independent contractor or any other person or entity for solid waste collection services (other than a franchisee).
6. Other Recycling Obligations. Self-haulers shall recycle all recyclable materials not otherwise addressed by this
section to a degree and in a manner consistent with
Ordinance No. 1306
____________________
standards generally applicable to the solid waste industry and as required by State law.
7. Collection Frequency. Unless otherwise specifically
provided in this chapter, self-haulers shall remove solid waste from their premises at least once per week.
However, upon application to the City for a self-hauler permit, the City Administrator may determine a different frequency for solid waste collection, transport and disposal from the self-hauler's premises. This determination shall be based upon the nature of the premises, the type of solid waste generated by the premises, and the collection
capacity of the self-hauler as demonstrated by information in the application.
8. Hazardous and Special Wastes. Unless lawfully and
currently licensed under State, Federal and local laws, no self-hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes.
9. Revocation. The City Administrator may immediately and temporarily suspend a self-hauler permit if the permittee:
(a) fails to divert at least 50%, or other higher diversion requirements as may be imposed by applicable laws, of all solid waste collected from its premises from landfills in a manner that complies with the requirements of AB 939, AB 341 and all other applicable laws; (b) fails to deliver solid waste collected from its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self-hauler by the City Administrator; or (c) fails to comply with any section in this code or other applicable law regarding the collection, hauling,
transportation, or disposal of solid waste. Upon issuance of the temporary suspension, the City Administrator shall give the self-hauler written notice of the following: (i) the permit has been temporarily suspended and no selfhauling is permitted pursuant to suspended permit, (ii) a brief statement of the grounds for the suspension, (iii) on a date and time certain, which date shall be at least five calendar days after the date of the issuance of the notice, the City Administrator shall determine whether the permit should be revoked or reinstated; and (d) the self-hauler has the right to submit information to the City Administrator before that date to attempt to demonstrate that the
Ordinance No. 1306
____________________
suspension was in error and the permit should be
reinstated.
I. Violations.
1. Unauthorized Containers. In addition to any other
penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the City for the collection of solid waste in violation of
subsection F (hereinafter "unauthorized container(s)")
may be impounded as set forth herein.
a. The City Administrator may cause a notice to be placed in a conspicuous place on any unauthorized container
directing that it be removed. The notice shall specify
the nature of the violation and shall state that the bin, drop-off box, trailer or waste receptacle must be
removed within 24 hours or it may be removed and
stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name
and phone number of a person designated by the City
to hear any appeal or challenge to the requirement that the container be removed; and, further, shall indicate
that any appeal of the order for removal must occur
within 24 hours of the posting of the notice. The posting of a notice to remove shall constitute constructive
notice to the owner and user of the requirement to
remove the unauthorized container, and a copy of the
notice shall be provided to owner of the unauthorized
container once said owners identity is ascertained by
the City, and if not provided sooner, a copy of the
notice shall be provided at such time as the owner of
the unauthorized container seeks to retrieve any such
container removed hereunder.
b. If within 24 hours after a notice to remove is posted on an unauthorized container a request for an appeal has
not been received and the bin, drop-off box, trailer or waste receptacle is not removed, the City
Administrator may direct the removal and storage of
the unauthorized container. In addition, if the contents of the container is either comprised of a substantial
amount of putrescible solid waste, or determined by the City Administrator to create a threat to health and
Ordinance No. 1306
____________________
safety if not disposed of immediately, the City
Administrator may direct that the contents of the
container be disposed of. The owner of the
unauthorized container shall be responsible to
reimburse the City for the actual cost of removal,
storage and disposal, including any administrative
costs incurred by the City. All amounts due to the City for the cost of removal, storage and disposal must be
paid before the unauthorized container may be
returned to the owner. Such amounts shall constitute a
debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.
c. Between the date following the date upon which any
unauthorized container is removed by the City, and the
date which is five business days following its retrieval from City, the owner of the unauthorized container may
request a hearing to appeal the City's determination
that the container is an unauthorized container subject to removal by City as set forth herein. The City
Administrator shall establish a procedure for such a
hearing and the method for requesting such a hearing
shall be included on the notice to remove. If the appeal is granted, any payments due to City shall be forgiven
and any amounts paid reimbursed.
d. If the identity of the owner of an unauthorized container that has been removed by the City is known to the City
Administrator, the City Administrator shall promptly
cause a copy of the notice to remove to be mailed to
the owner along with a request that the owner claim the stored property. If the unauthorized container is not
claimed within 95 days after mailing of the notice to the owner, or 90 days after removal if the identity of the
owner is unknown to the City Administrator, the
unauthorized container and its contents shall be
deemed abandoned property and may be disposed of
accordingly. The notice to be posted on unauthorized
containers shall specify that the foregoing procedure
related to abandonment will apply.
2. Penalty. Any person who violates any provision of this chapter shall be guilty of a separate offense for each
and every day, or any portion thereof, of which any
Ordinance No. 1306
____________________
violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be
punishable as misdemeanor or an infraction, at the
discretion of the City Administrator, consistent with
Chapter 1.08 of this Code.
3. Violations Deemed to Be a Public Nuisance. In addition to any penalties otherwise imposed, any violation of
the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided
by law for the abatement of nuisances.
4. Attorneys' Fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable
attorneys' fees and court costs other such expenses of
litigation and/or prosecution as it may occur by
appropriate suit at law against the person found to
have violated any provisions of this chapter.
1. Permit Required. The person in charge of a single-family or commercial premises may apply for and obtain a permit to selfhaul, and shall not self-haul without a valid self-haul permit issued pursuant to this section. Every person in charge of a single-family or commercial premises who desires to self-haul in lieu of making arrangements with the appropriate solid waste franchisee for solid waste handling services shall obtain a selfhaul permit from the Director of the Department of Health and Environmental Control, or designee, prior to commencing selfhauling.
2. Term. A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December 31, and may be renewed annually. Application for a renewal permit must be filed at least 60 days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.
3. Issuance of Permit. An applicant for a self-haul permit shall submit a completed application, on a form approved by the Director of the Department of Health and Environmental
Control. The Director of the Department of Health and
Environmental Control, or designee, shall determine whether Ordinance No. 1306
____________________
the application is complete within ten working days of the receipt of the application. If the Director of the Department of Health and Environmental Control, or designee, finds the application incomplete, the applicant shall be given a list of further information needed to complete the application. After it is determined that an application for a self-haul permit is complete, the applicant shall produce the items listed in subdivisions (a) through (g) below. The Director of the Department of Health and Environmental Control, or designee, shall issue a self-haul permit within ten working days of the production of all of the required items.
a. The applicant produces for inspection at City Hall the vehicle the applicant intends to use for self-hauling, and the vehicle meets the following standards:
1. The vehicle is capable of safely hauling a minimum of 32 gallons (4.3 cubic feet) of gray container waste, nonorganic recyclables, and/or organic waste in a safe and sanitary manner so that such matter will not spill;
2. If the vehicle is not fully enclosed, the applicant
produces a tarp or other material that is demonstrated to completely secure the materials being self-hauled.
b. The applicant produces evidence that he or she owns or leases the vehicle produced for inspection or has a written agreement to use the vehicle for self-hauling with the
vehicle's owner or lessor;
c. The applicant produces evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;
d. The applicant provides the City with a certificate of automobile insurance for the vehicle;
e. The vehicle is operational and meets all applicable Vehicle Code standards;
f. The applicant provides the City with proof that the applicant has containers for the storage of solid waste on the
applicant's premises before the materials are hauled to a disposal facility; and
Ordinance No. 1306
____________________
g. The applicant pays the fee for a self-haul permit authorized by resolution of the City Council. The fee shall reflect the City's reasonable costs of issuing and monitoring
compliance with the permit. Permits issued between
January 1 and March 31 shall pay 100% of the permit fee; permits issued between April 1 and June 30 shall pay 75% of the permit fee; permits issued between July 1 and
September 30 shall pay 50% of the permit fee; permits
issued between October 1 and December 31 shall pay 25%
of the permit fee.
3. Appeal of Denial. An applicant whose application for a self-haul permit has been denied may appeal that decision. A written appeal must be filed within five days of the date the applicant was notified of the denial. Appeals shall be heard by the City Administrator, or designee. The decision of the City
Administrator, or designee, is final.
4. Operational Standards
a. Self-haul permittees must dispose of solid waste weekly in accordance with this Chapter and Chapter 8.14 at a licensed or permitted landfill or disposal facility, a facility that recovers recyclable materials, and/or high diversion organic waste processing facility. Self-haul permittees shall procure and retain weekly receipts from such landfill or other disposal facility. Receipts shall be submitted to the City monthly.
Failure to show proof of solid waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit the City to revoke the permittees' self-haul permit.
b. Bins, carts, rolloff boxes or other containers utilized by a selfhauler must conform to industry standards for solid waste disposal, and shall be maintained in good repair. All
containers shall be maintained in a sealed, watertight
condition. Self-haulers shall remove any graffiti that appears on their bins, carts, rolloff boxes or other containers within 24 hours of becoming aware of it.
c. Self-haul permittees must notify the City of any change in the vehicle being used to haul solid waste by the permittee.
Permittees must bring the new vehicle in for an inspection and demonstrate compliance with subdivisions 1 through 5 Ordinance No. 1306
____________________
of subsection C of this section before the new vehicle is used to haul any solid waste under the permit.
d. Self-haul permittees must keep on file with the City copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee's current
California driver's license. Permittees must provide proof to City of renewed automobile insurance, vehicle registration, and California driver's license within five days of expiration of respective document.
e. Failure to show proof of disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit City to revoke the permittees' self-haul permit.
f. Self-haul permittees are liable for any damages and cleanup costs resulting from any solid waste spills during the course of the permittee's self-hauling activity.
g. Under no circumstances may a self-hauler collect, transport or dispose of solid waste generated upon premises that are not owned, operated or controlled by the self-hauler.
h. Self-haulers shall not be permitted to share, place solid waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person or business.
5. Revocation of a self-haul permit. In the event of a violation of self-haul requirements set forth in this Chapter or in Chapter
8.14, Director of the Department of Health and Environmental Control, or designee, may issue a notice of temporary revocation of the self-haul permit held by a self-hauler. The notice of temporary revocation shall detail the violation, and advise the self-hauler on the procedure to cure the violation and provide the self-hauler with not less than five working days to cure the violation (if curable). If the violation is not curable, the self-haul permit may be immediately revoked through a notice of
revocation. If the self-hauler fails to cure the violation within the time set forth in the notice, the Director of the Department of Health and Environmental Control, or designee, shall issue a notice of revocation revoking the self-haul permit. If a self-haul permit is revoked, that person must subscribe to solid waste services from a franchisee within five days of revocation. Failure to subscribe to solid waste and recycling services may result in Ordinance No. 1306
____________________
penalties prescribed in accordance with this chapter and Chapter
8.14. 6. Appeal of Notice of Revocation. A self-haul permittee whose self-haul permit has been revoked may appeal that decision. A written appeal must be filed within five days of the date of revocation of the self-haul permit. Appeals shall be heard by the City Administrator, or designee. The decision of the City Administrator, or designee, is final.
7. Hazardous and Special Wastes. Unless lawfully and currently licensed under State, Federal and local laws, no self-hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes.
I. Violations.
1. Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the City for the collection of solid waste in violation of subsection F (hereinafter "unauthorized container(s)") may be impounded as set forth herein.
a. The City Administrator, or designee, may cause a notice to be placed in a conspicuous place on any unauthorized
container directing that it be removed. The notice shall specify the nature of the violation and shall state that the bin, drop-off box, trailer or waste receptacle must be removed within 24 hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed; and,
further, shall indicate that any appeal of the order for removal must occur within 24 hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the
requirement to remove the unauthorized container, and a copy of the notice shall be provided to owner of the
unauthorized container once said owners identity is
ascertained by the City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the unauthorized container seeks to retrieve any such
container removed hereunder.
Ordinance No. 1306
____________________
b. If within 24 hours after a notice to remove is posted on an unauthorized container a request for an appeal has not
been received and the bin, drop-off box, trailer or waste receptacle is not removed, the City Administrator, or
designee, may direct the removal and storage of the
unauthorized container. In addition, if the contents of the container are either comprised of a substantial amount of putrescible solid waste or determined by the City
Administrator, or designee, to create a threat to health and safety if not disposed of immediately, the City Administrator, or designee, may direct that the contents of the container be disposed of. The owner of the unauthorized container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal, including any administrative costs incurred by the City. All amounts due to the City for the cost of removal, storage and disposal must be paid
before the unauthorized container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.
c. Between the date following the date upon which any
unauthorized container is removed by the City, and the date which is five business days following its retrieval from City, the owner of the unauthorized container may request a
hearing to appeal the City's determination that the container is an unauthorized container subject to removal by City as set forth herein. The City Administrator, or designee, shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the
notice to remove. If the appeal is granted, any payments due to City shall be forgiven and any amounts paid
reimbursed.
d. If the identity of the owner of an unauthorized container that has been removed by the City is known to the City, the City Administrator, or designee, shall promptly cause a copy of the notice to remove to be mailed to the owner along with a request that the owner to claim the stored property. If the unauthorized container is not claimed within 95 days after mailing of the notice to the owner, or 90 days after removal if the identity of the owner is unknown to the City, the unauthorized container and its contents shall be deemed Ordinance No. 1306
____________________
abandoned property and may be disposed of accordingly.
The notice to be posted on unauthorized containers shall specify that the foregoing procedure related to abandonment will apply.
H. Penalty. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Administrator, or designee, consistent with Chapter 1.08 of this Code.
1. Violations Deemed to Be a Public Nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.
2. Attorneys' Fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs other such expenses of litigation and/or prosecution as it may occur by appropriate suit at law against the person found to have violated any provisions of this chapter.
Section 8.12.070. Collecting and loading recyclable materials.
A. Definitions. The following definitions shall apply to the provisions of this section:
"Development" means the construction or addition of new building square footage which exceeds 25,000 square feet or the price of which exceeds 10% of the current assessed value for the subject parcel. All calculations shall be based on gross square footage of new buildings or of additions to existing buildings.
"Development project" means any of the following:
a. A project involving development for which a building permit will be required for a commercial, industrial, or institutional building, or residential building having five or more living units, where solid waste is collected and loaded and any residential project involving development where solid waste is collected and loaded in a location servicing five or more units.
Ordinance No. 1306
____________________
b. Any new public facility where solid waste will be collected and loaded and any improvements for areas of a public
facility used for collecting and loading solid waste.
“Recycling areas” means space allocated for collecting and loading of recyclable materials.
B. General Requirements. Any development project for which an application for a building permit is submitted on or after September 1, 1994, shall include an adequate, accessible, and convenient recycling area.
C. Design Standards. Recycling areas shall be adequate in capacity, number, and distribution to serve the development project.
1. Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the development project is to be located.
2. An adequate number of bins or containers to allow for the collection and loading of each kind of recyclable material generated by the development project shall be maintained.
3. The design and construction of recycling areas shall be compatible with surrounding land uses.
4. Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for collection and loading of materials.
5. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable.
6. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted and maintained adjacent to all points of access to the recycling areas.
D. Location.
1. A recycling area shall not be placed in any location which is required by local law or regulation to be maintained
unencumbered or unoccupied in accordance with fire
Ordinance No. 1306
____________________
regulations, applicable building codes, and/or public safety laws.
2. A recycling area shall be located so that it is at least as convenient as the location(s) where solid waste is collected and loaded. Whenever feasible, a recycling area shall be adjacent to such trash collection area.
3. Driveways or travel aisles shall provide unobstructed access for personnel and for vehicles collecting and loading recyclable materials and shall provide at least the minimum clearance required by the collection methods and vehicles utilized for other solid waste.
Section 8.12.080. Recycling for large events and large venue.
A. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for a permit, as defined in this section, and who is, therefore, responsible for meeting the requirements of this section.
"Large event" means any large event that charges an admission price or for which an applicant seeks temporary or periodic use or occupancy in or on a public street, publicly owned site or facility or public park within the City for a civic, commercial, recreational or social event attended by more than 250 persons, including workers, per day of operation.
"Large venue" means a facility that annually seats or serves an average of more than 250 individuals per day of operation, including workers, such as, but not limited to, convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located within the City and any other facility or place that is a "venue facility" for purposes of Public Resources Code Section 42648. For purposes of this section, 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. "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting items that would otherwise be disposed of in a landfill. "Waste management plan" means a plan for reducing and managing solid waste submitted to the City Administrator, or designee, for review in compliance Ordinance No. 1306
____________________
with this chapter.
B. Purpose.
1. The City Council declares that the purpose of this section is to reduce solid waste from large events and large venues by requiring those who operate large events and large venues to develop and implement waste management plans to reduce
solid waste placed in landfills and to report diversion and recycling to the City.
2. The following large events and large venues are subject to the requirements of this section:
a. All events charging an admission price or for which an applicant seeks temporary or periodic use or occupancy of a public street, publicly owned site or facility or public park within the City for a civic, commercial, recreational or social event attended by or anticipated to be attended by an
average of more than 250 individuals per day of operation. b. All venues that annually seat or serve an average of more than 250 individuals per day of operation, including, but not limited to, convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located with the City.
C. Application of Chapter to Large Events and Large Venues. Large events and large venues shall meet the requirements of and shall comply with all provisions of this chapter.
D. Waste Management Plan Requirements.
1. All large event applicants shall develop and submit to the City a waste management plan for reducing and recycling solid waste as part of the application for a permit. The waste management plan shall include the following information:
a. An estimate of the anticipated amount and type of solid waste generated and material disposed of and diverted from the event.
b. Proposed actions to reduce, reuse and recycle the amount of solid waste generated from the event.
Ordinance No. 1306
____________________
c. Arrangements for the separation, collection and diversion from landfills of reusable and recyclable materials.
2. All large venues shall develop and submit to the City a waste management plan on an annual basis on or before January 1 of each year. The waste management plan shall include the
following:
a. An estimate of the amount and type of solid waste generated and material disposed and diverted from the venue.
b. The existing solid waste reduction, reuse and recycling programs that the operator of the large venue utilizes.
3. All large event applicants and large venue operators shall, on or before July 1, 2015, and on or before July 1, biennially thereafter, meet with recyclers and solid waste service providers of the large event or large venue to determine the appropriate solid waste reduction programs to meet the requirements of this chapter.
E. Review of Waste Management Plan.
1. Time for Review. A waste management plan shall be approved or rejected no later than 20 business days after a complete application is made for a large event and or a waste
management plan is submitted for a large venue.
2. Approval. The City Administrator, or designee, may approve the plan subject to conditions reasonably necessary to meet the standards of this chapter and may consult with the City's solid waste hauler concerning the viability of the waste management plan and compliance by large events and large venues with diversion requirements.
3. Rejection. If the City Administrator, or designee, rejects the waste management plan, the grounds for rejection shall be clearly stated in writing.
F. Waste Management Compliance Reporting. Within 30 days of receiving a written request for information from the City, the large event or large venue operator shall provide a written report to the City Administrator, or designee, containing the following documentation:
Ordinance No. 1306
____________________
1. A listing of solid waste reduction, reuse, recycling and diversion programs implemented for the event or venue.
2. The type and weight of materials diverted and disposed at the event or venue.
G. Actions by the City.
1. When issuing a permit to an operator of a large event or large venue, the City shall provide information to the operator that can be implemented to reduce, reuse and recycle solid waste materials generated at the event or venue and provide contact information about where solid waste materials may be donated, recycled or composted. This information may include, but is not limited to, providing information directing the operator of the large event or large venue to the CalRecycle website or any other appropriate website.
2. As part of the City's annual report submitted pursuant to Public Resources Code Section 41821 to CalRecycle, City shall include an estimate and description of the top 10% of its large events and large venues based upon the amount of solid waste
generated at such events and venues as submitted by operators of large events and large venues. To the extent that the information is readily available to the City, the information shall include the name, location and a brief description of the event or venue, a brief description of the types of solid waste generated, types and estimated amount of materials disposed and diverted by weight, and existing solid waste reduction, reuse and recycling programs that the operator of the large event or large venue utilizes to reduce, reuse and recycle the solid waste.
3. The City may charge and collect a fee from an operator of a large event or large venue in an amount to be established by resolution of the City Council to recover the City's estimated costs incurred in complying with this chapter.
H.Penalty. In addition to any other available penalties and/or remedies, any event or venue identified under this section as a large event or large venue not complying with the waste management plan approved by the City Administrator, or designee, may be subject to solid waste audits by the City or its designated representatives or contractors at the expense of the operator of the large event or large venue. Based on such audits, the City may require additional processing of solid waste generated by the event or venue, at an additional cost to the operator, to meet the diversion goals of the City.
Ordinance No. 1306
____________________
SECTION 6. Vernon Municipal Code Chapter 8.14 is hereby amended to read as follows with amendments denoted in underline and deletions by strikethrough.
Chapter 8.14 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION Section 8.14.010 Definitions
The following definitions shall apply to the provisions of this article:
“Blue container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated sourceseparated recyclable materials or source separated source-separated blue container organic waste.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded by a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City. “City of Vernon Enforcement Official” means the City Administrator, or other executive in charge or their authorized designee(s) who are responsible for enforcing this chapter.
“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 chapter.
“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
“Compliance review” means a review of records by the City to determine compliance with this chapter.
“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 onsite at any one Ordinance No. 1306
____________________
time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated source-separated from the municipal solid waste stream, or which are separated at a centralized facility.
“Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
“Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“C&D” means construction and demolition debris.
“Designated source separated source-separated organic waste facility”, as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated source-separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
1. The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated source-separated organic content Recovery rate of 50% between January 1, 2022 and December 31, 2024 and 75% on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated source-separated organic waste collection stream.
a. If a transfer/processor has an annual average source separated source-separated organic content recovery rate lower than the rate required in paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “designated source separated source-separated organic waste facility”.
2. The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), Ordinance No. 1306
____________________
whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5. a. if the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “designated source separated sourceseparated organic waste facility.” for the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter 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 chapter 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 use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the 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 the 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 multifamily 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 City's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or its designee for collection services.
Ordinance No. 1306
____________________
“Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food facility” has the same meaning as in Section 113789 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 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food scraps" means all food such as, 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 when such materials are source-separated source-separated from other food scraps.
Ordinance No. 1306
____________________
"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste" means food scraps, food-soiled paper, and compostable plastics. "Franchisee" means a person, persons, firm or corporation that has been issued a non-exclusive franchise by City to provide solid waste handling services related to solid waste generated within the City.
"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 mixed waste. "Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“HaulerFranchisee route” means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a) (11.5); or as otherwise defined in 14 CCR Section 18982(a)(33). "Inspection" 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 chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). "Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately Ordinance No. 1306
____________________
owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
"Large venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40). "Mixed waste organic collection stream" or "mixed waste" means organic waste collected in a container that is required by 14 CCR Section 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).
"Multifamily residential dwelling" or "multifamily" means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 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 18982(a)(41).
"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
Ordinance No. 1306
____________________
"Notice of violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
"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 generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
"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).
"Prohibited container contaminants" means the following: (1) discarded materials placed in a blue container that are not identified as acceptable source separated source-separated recyclable materials for the City's blue container; (2) discarded materials placed in the gray container that are identified as acceptable source separated source-separated recyclable materials, which are to be separately collected in the City's blue container; and (3) excluded waste placed in any container.
"Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). "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%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
Ordinance No. 1306
____________________
"Regional agency" means regional agency as defined in Public Resources Code Section 40181.
"Remote monitoring" means the use of the Internet of Things (IoT) and/or wireless electronic devices as remote monitoring technology in collection containers or on collection vehicles to visualize the contents of blue containers and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Rendering plant" means an establishment where one or more rendering materials are cooked, melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer, or animal feed. A rendering plant shall not include an establishment exclusively producing fats, oils, lard, or similar products for human consumption; nor any similar process in connection with, and incidental to, a slaughterhouse, abattoir, packing plant, or similar establishment producing food for human consumption.
"Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
"Route review" means a visual inspection of containers along a haulerfranchisee route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 regulations" or "SB 1383 regulatory" means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
Ordinance No. 1306
____________________
"Self-hauler" means any person that, pursuant to a permit obtained in accordance with Section 8.12.060(H) of this Code, 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 18982(a)(66)(A).
“Single-family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
"Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, 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 semi-solid 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 8 (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 Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a 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 Source-separated " means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated source-separated shall include separation of materials by the generator, property owner, property owner's Ordinance No. 1306
____________________
employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated sourceseparated materials are separated from mixed waste or other solid waste for the purposes of collection and processing.
“Source separated Source-separated blue container organic waste” means source separated 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 17402(a)(18.7).
“Source separated Source-separated recyclable materials” means source separated source-separated non-organic recyclables and source separated 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 $2,000,000.00, 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.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
“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.
Ordinance No. 1306
____________________
(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.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
"Uncontainerized green waste and yard waste collection service" or "uncontainerized service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated source-separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
Section 8.14.020. Requirements for single-family generators Single-family organic waste generators shall comply with the following requirements:
A. Shall subscribe to the City’s organic waste collection services offered by a franchisee for all organic waste generated as described below in subsection (B).
The 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, single-family 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).
Ordinance No. 1306
____________________
B. Shall participate in the City’s organic waste collection service offered by a franchisee by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
1. Two-Container Collection Service—Blue Container/Gray Container System. Blue Container/Gray Container. Generators shall place only source separated source-separated recyclable materials in a blue container. Generators shall place all other materials (mixed waste) in a gray container.
Section 8.14.030 Requirements for commercial businesses Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
A. Subscribe to a the City's two-container collection service offered by a franchisee that meets requirements of those services as described below, except the City’s requirements commercial businesses that meet the self-hauler requirements in accordance with Section 8.14.080. The 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 service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the City.
B. Participate in the City’s organic waste collection service offered by a franchisee by placing designated materials in designated containers as described below. (1) Two-Container Collection Service Blue Container/Gray Container System Blue Container/Gray Containers: Generator shall place only source separated source-separated recyclable materials in a blue container.
Generator shall place all other materials (mixed waste) in a gray container.
C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) below) for employees, contractors, tenants, and customers, consistent with City’sfranchisee’s blue container, and gray container collection service.
D. Excluding multi-family residential dwellings, provide containers for the collection of source separated source-separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business 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 Ordinance No. 1306
____________________
provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City franchisee, 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 requirement in subsection (D) pursuant to 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, Inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s franchisee’s blue container, and gray container collection service.
G. Excluding multi-family residential dwellings, monthly inspect blue containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
H. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated source-separated recyclable materials.
I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated source-separated recyclable materials separate from mixed waste (when applicable) and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 8.14.120 to confirm compliance with the requirements of this chapter.
Ordinance No. 1306
____________________
K. Accommodate and cooperate with the City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with subsection (B). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, and gray containers.
L. At commercial business’s option and subject to any approval required from the City, implement a remote monitoring program for inspection of the contents of its blue containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, and gray containers subject to written notification to or approval by the City.
M. 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).
N. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section
8.14.050 of this chapter.
Section 8.14.040 Waivers for Generators
A. De Minimis Waivers. The City may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of this chapter if the commercial business provides written self-attestation and documentation that the business generates below a certain amount of organic waste material as described in subsection (A)(2) below. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as described in subsection (A) (2) below.
2. Provide written self-attestation 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, 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 Ordinance No. 1306
____________________
10 gallons per week per applicable container of the business’ total waste.
3. Notify the City if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. The commercial business shall recertify the de minimis waiver every five years, if the City has approved de minimis waiver.
5. The City reserves the right to revoke a de minimis waiver at any time if the generator is found to be in violation of any section of this chapter.
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 jurisdiction has evidence from its own staff, a haulerfranchisee, 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 8.14.020 or 8.14.030.
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 that the premises lacks adequate space for blue containers including documentation from its haulerfranchisee, licensed architect, or licensed engineer.
3. The commercial business or property owner shall recertify the physical space waiver every five years if the City has approved application for a physical space waiver.
4. The City reserves the right to revoke a physical space waiver at any time if the generator is found to be in violation of any section of this chapter.
C. Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s twocontainer organic waste collection service offered by a franchisee to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once per week, the collection must not occur later than 14 days from prior collection.
Ordinance No. 1306
____________________
D. The City may provide additional waivers of the requirements of this chapter to the extent permitted by applicable law.
E. Review and approval of waivers will be the responsibility of the City Enforcement Official, which may be the Director of Health and Environmental Control or their designated entity, legal counsel, or combination thereof.
Section 8.14.050. 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, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (1) the collection of edible food for food recovery; or, (2) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the City’s designated enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
Ordinance No. 1306
____________________
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or selfhauled. 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 December 31 of each year commencing no later than January 1, 2022 or tier one commercial edible food generators and January 1, 2024 for tier two commercial edible food generators provide an annual food recovery report to the City that includes the following information:
a. Records as specified in Section 8.14.090(C)(5) of this chapter or as otherwise specified in 14 CCR Section 18991.4.
b. Amount and type of edible food that was not accepted by food recovery organizations or services for donation.
D. Nothing in this chapter 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).
Section 8.14.060 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 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
Ordinance No. 1306
____________________
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services 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 18991.3(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 report 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 January 1, of each calendar year.
Section 8.14.070 Requirements for haulers franchisees and facility operators.
A. Requirements for Haulers Franchisees.
1. Non-exclusive franchised haulers, permitted haulers, or licensed haulers Franchisees providing residential, 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 Ordinance No. 1306
____________________
contract, agreement, or other authorization with the City to collect organic waste:
a. Through written notice to the City annually on or before December 31, identify the facilities to which they will transport organic waste including facilities for source separated source-separated recyclable materials, and mixed waste.
b. Transport source separated source-separated recyclable materials, 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 approval from the City to haul organic waste, unless it is transporting source separated source-separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, this section, and Chapter 8.16 of this Code.
2. Non-exclusive franchised haulers, permitted haulers, or licensed haulers Franchisees authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, contract, or other agreement entered into with City.
B. Requirements for Facility Operators and Community Composting Operations.
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the City 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 60 days.
2. Community composting operators, upon the City request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days.
Section 8.14.080. Self-Hauler Requirements
A. In accordance with Section 8.12.060(H), self-haulers must obtain a permit from Ordinance No. 1306
____________________
the prior to any self-hauling activities.
AB. Self-haulers shall source separate all recyclable materials and organic waste 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.
BC. Self-haulers shall haul their source separated source-separated recyclable materials to a facility that recovers those materials; and haul their source separatedsource-separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated source-separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
CD. 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 property that processes or recovers organic waste.; this record shall be subject to inspection by the jurisdiction. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
DE. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in subsection (CD) to the City if requested on a monthly basis in accordance with the self-haul requirements set forth in chapter
8.12. E. A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsections (C) and (D).
F. In accordance with Section 8.12.060(H), self-haulers must obtain a permit from the City prior to any self-hauling activities. Any applicant issued a self-hauler permit for source separated recyclable materials, construction and demolition, and/or organic waste found to be in violation of this chapter, may have their self-hauler permit immediately and temporarily suspended, in accordance with Section
8.12.060(H)(9). If such a permit is suspended or revoked, and the applicant will Ordinance No. 1306
____________________
be required to subscribe to solid waste and recycling services from the City’s franchise waste haulers within five (5) days of the suspension or revocation.
Failure to subscribe to solid waste and recycling services may result in penalties prescribed in accordance with Section 8.14.130.
Section 8.14.090. Compliance with CALGreen Recycling Requirements The City has adopted by reference the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, as set forth in Chapter 15.36 of this Code. 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 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the City. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.
Project applicants shall refer to the City's building and/or planning code for complete CALGreen requirements.
Section 8.14.100. Model Water 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, multifamily, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with 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 8.14.100.
B. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter I2.7.
C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (A) above shall:
1. Comply with Sections 492.6 (a)(3)(B), (C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil.
Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
Ordinance No. 1306
____________________
b. For landscape installations, a minimum three-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 five percent 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 postconsumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled postconsumer 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 subsection (A) of this section shall consult the full MWELO for all requirements.
D. If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter
2.7 shall be enforced.
Section 8.14.110. Procurement Requirements for City of Vernon departments, direct service providers, and vendors.
A. City of Vernon departments, and direct service providers to the City, as applicable, must comply with the City's recovered organic waste product procurement policy and recycled-content paper procurement policy.
B. All vendors providing paper products and printing and writing paper shall:
1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total Ordinance No. 1306
____________________
cost of no more than five percent of the total cost for nonrecycled 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 paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the 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 30 days of the purchase (both recycled-content and nonrecycled 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 subsections (B) (3) and (B)(4) of this section 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 recycledcontent paper products or printing and writing papers were not provided.
Section 8.14.120. Inspections and Investigations by City of Vernon A. City of Vernon representatives and/or its designated entity are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated source-separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food Ordinance No. 1306
____________________
generators, haulersfranchisees, 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 property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the City may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with City's use of remote monitoring.
B. Any entity regulated under this chapter shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City's employee during such Inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity's premises; (2) installation and operation of remote monitoring equipment, if applicable; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
C. Any records obtained by the City during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. The City representatives are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.
Section 8.14.130. Enforcement.
A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City of Vernon Enforcement Official.
Enforcement actions under this chapter 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 chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court Ordinance No. 1306
____________________
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 the City staff and resources.
C. Responsible Entity for Enforcement. Enforcement pursuant to this chapter shall be undertaken by the City of Vernon Enforcement Official, which may be the City Administrator, or their designated entity, legal counsel, or combination thereof.
1. City of Vernon Enforcement Official(s) will interpret ordinance; determine if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.
2. City of Vernon Enforcement Official(s) may issue notices of violation(s).
D. Process for Enforcement.
1. City of Vernon Enforcement Officials will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 8.14.120 establishes the City's right to conduct inspections and investigations.
2. The City may issue an official notification to notify regulated entities of its obligations under this chapter.
3. For incidences of prohibited container contaminants found in containers, the City will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within seven days after determining that a violation has occurred. If the City observes prohibited container contaminants in a generator's containers on more than three occasion(s), within a calendar year, 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 subsection (D)(3) above, the 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, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City's requirements contained in Table 1, List of Ordinance No. 1306
____________________
Violations, of this section. 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. The penalty levels are as follows:
1. For a first violation, the amount of the base penalty shall be $100.00 per violation.
2. For a second violation, the amount of the base penalty shall be $200.00 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation.
F. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued in accordance with Section
8.14.130 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.
G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the 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 written order.
H. Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, the City will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated Ordinance No. 1306
____________________
entity, to determine compliance, and if the City determines that organic waste generator, haulerfranchisee, 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 chapter and a notice that compliance is required by December 31, 2023 and that violations may be subject to administrative civil penalties starting on January 1, 2024.
I. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that an organic waste generator, self-hauler, haulerfranchisee, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to Section
8.14.130, as needed.
J. Enforcement Table.
Table 1. List of Violations
Requirement Description of Violation
Commercial business and
commercial business owner
responsibility requirement
Commercial business fails to provide or arrange for organic waste collection services consistent with the City's requirements and as outlined in this chapter, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color.
Organic waste generator
requirement
Organic waste generator fails to comply with
requirements adopted pursuant to this chapter for the
collection and recovery of organic waste.
Hauler Franchisee
Requirement
A haulerfranchisee providing residential, commercial
or industrial organic waste collection service fails to transport organic waste to a facility, operation, activity, or property that recovers organic waste, as prescribed
by this chapter.
Hauler Franchisee
Requirement
A haulerfranchisee providing residential, commercial,
or industrial organic waste collection service fails to obtain applicable approval issued by the City to haul
organic waste as prescribed by this chapter.
Hauler Franchisee
Requirement
A haulerfranchisee fails to keep a record of the
applicable documentation of its approval by the City of Vernon, as prescribed by this chapter.
Ordinance No. 1306
____________________
Requirement Description of Violation
Commercial edible food
generator requirement
Tier one commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing
a contract or written agreement with a food recovery
organization or food recovery service and comply with
this section commencing Jan. 1, 2022.
Commercial edible food
generator requirement
Tier two commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing
a contract or written agreement with a food recovery
organization or food recovery service and comply with
this section commencing Jan. 1, 2024.
Commercial edible food
generator requirement
Tier one or tier two commercial edible food generator
intentionally spoils edible food that is capable of being recovered by a food recovery organization or food recovery service.
Organic waste generator,
commercial business owner,
commercial edible food
generator, food recovery
organization or food recovery
service
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
Recordkeeping requirements
for commercial edible food
generator
Tier one or tier two commercial edible food generator
fails to keep records, as prescribed by Section
8.14.090.
Recordkeeping requirements
for food recovery services
and food recovery
organizations
A food recovery organization or food recovery service
that has established a contract or written agreement to collect or receive edible food directly from a commercial edible food generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by
Section 8.14.060.
SECTION 7. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance.
SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted Ordinance No. 1306
____________________
this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable.
SECTION 9. The City Clerk, or Deputy City Clerk, shall certify the adoption and publish this ordinance as required by law.
SECTION 10. This ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED , 2025.
_____________________________
LETICIA LOPEZ, Mayor
ATTEST:
GENOVEVA ROCHA, City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney
Ordinance No. 1306
____________________
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I do hereby certify that the attached is a true copy of Ordinance No. XXXX that was introduced by the City Council of the City of Vernon, California, at its Regular meeting of [Month, Day, Year] and adopted at its Regular Meeting of [Month, Day, Year] by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
GENOVEVA ROCHA, City Clerk
Ordinance No. 1306
____________________