CalRecycle
SB 1383 Implementation Tools
Model Mandatory Organic Waste Disposal
Reduction Ordinance
DATE
Revised 1/25/2021
Prepared by
HF&H Consultants, LLC
in conjunction with
Debra Kaufman Consulting
Insert Date - 2 - Jurisdiction Name/Contractor Name
Franchise Agreement
DISCLAIMER
This Model Tool is for informational and example purposes only. It should not merely be duplicated without consideration of an individual jurisdiction’s particular needs or circumstances. It is not intended to cover each and every situation, nor can it anticipate specific needs. In developing this Model Tool, CalRecycle and its consultants (HF&H Consultants in conjunction with Debra Kaufman Consulting) have attempted to ensure that the language herein aligns with the SB 1383 regulations; however, in the event of any conflict, the language in the regulations shall prevail over language in the Model Tool and determination of regulatory intent and interpretation should be appropriately guided by the regulatory language and the official rulemaking record of which this Model Tool is not a component. CalRecycle and its consultants make no representation that use of this Model Tool will ensure compliance with regulatory requirements. This Model Tool does not constitute legal advice. Jurisdictions are encouraged to seek legal counsel appropriate to their particular circumstances regarding compliance with regulatory requirements.
SB 1383 regulations do not dictate that jurisdictions use this Model Ordinance or other ordinance to establish an enforceable mechanism to regulate entities compliance with SB 1383 requirements and standards. Jurisdictions may use an ordinance or other enforceable mechanisms as appropriate pursuant to SB 1383 regulations (14 CCR Section 18981.2(a)).
ACKNOWLEDGEMENTS
This Model Mandatory Organic Waste Disposal Reduction Ordinance was prepared in partnership with CalRecycle, HF&H Consultants, and Debra Kaufman Consulting, with review and input from a Resource Group of experts in a variety of fields and geographic areas of the State. We would like to thank key members of the CalRecycle team and Resource Group members who contributed to this Model Mandatory Organic Waste Disposal Reduction Ordinance as follows:
Resource Group
Kim Braun, City of Culver City
Suk Chong, Los Angeles County
Sandra Fox, Special Counsel, City of Fremont
Ray Grothaus, Republic Services
Katie Hansen, California Restaurant Association
Veronica Pardo, California Refuse and Recycling Council Eric Potashner, Recology
Jerry Schuber, City of Fresno
Kelly Schoonmaker, StopWaste (Alameda County Waste Management Authority) Larry Sweetser, Rural Counties Environmental Services JPA Michael Wonsidler, County of San Diego
CalRecycle
Catherine Blair, Environmental Program Manager
Elliot Block, Chief Counsel
Hank Brady, SB 1383 Manager
Harllee Branch, Assistant Chief Counsel
Tamar Dyson, Senior Staff Counsel
Christina Files, Information Officer (Specialist)
Alan Ilusorio, Senior Environmental Scientist (Supervisory) Trisha Moore, Senior Environmental Scientist (Specialist) Cara Morgan, Environmental Program Manager
Leticia Murphy, Office Technician
Ashlee Yee, Senior Environmental Scientist (Specialist)
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GUIDANCE
TABLE OF CONTENTS
INTRODUCTION ............................................................................................................. 1 IMPORTANT CONSIDERATIONS.................................................................................. 2 CUSTOMIZATION CONSIDERATIONS ......................................................................... 4
1. Guidance and Option Notes .............................................................................. 4
2. Standard Compliance or Performance-Based Compliance Approach ............... 4
3. Type of Jurisdiction ........................................................................................... 5
4. Waivers and Exemptions ................................................................................... 5
5. Collection Method .............................................................................................. 6
6. Delegation of Responsibilities & Enforcement ................................................... 6
7. Alignment of Defined Terms .............................................................................. 7
8. Document Structure .......................................................................................... 8 ADDITIONAL TIPS FOR USING THE MODEL .............................................................. 9 ADDITIONAL CALRECYCLE RESOURCES ................................................................. 9
MODEL ORDINANCE
TABLE OF CONTENTS
SECTION 1. PURPOSE AND FINDINGS ....................................................................... 1 SECTION 2. TITLE OF ORDINANCE ............................................................................. 2 SECTION 3. DEFINITIONS ............................................................................................. 2 SECTION 4. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS (STANDARD COMPLIANCE APPROACH) ....................................................................................... 17 SECTION 5. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
(PERFORMANCE-BASED COMPLIANCE APPROACH) ............................................ 18 SECTION 6. REQUIREMENTS FOR COMMERCIAL BUSINESSES (STANDARD- COMPLIANCE APPROACH) ....................................................................................... 20 SECTION 7. REQUIREMENTS FOR COMMERCIAL BUSINESSES (PERFORMANCE- BASED COMPLIANCE APPROACH) .......................................................................... 24 SECTION 8. WAIVERS FOR GENERATORS ............................................................. 28 SECTION 9. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS ...................................................................................................................................... 31 SECTION 10. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES, JURISDICTIONS, AND REGIONAL AGENCIES ..................................... 33
SECTION 11. REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS ...... 36 SECTION 12. SELF-HAULER REQUIREMENTS ........................................................ 38 SECTION 13. COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS .... 39 SECTION 14. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS ......................................................................................................... 42 SECTION 15. PROCUREMENT REQUIREMENTS FOR JURISDICTION
DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS......................... 44 SECTION 16. INSPECTIONS AND INVESTIGATIONS BY JURISDICTION ............... 46 SECTION 17. ENFORCEMENT .................................................................................... 48 SECTION 18. EFFECTIVE DATE ................................................................................. 55
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GUIDANCE ON THE MODEL MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION
ORDINANCE
The California Department of Resources Recycling and Recovery (CalRecycle) oversees a variety of programs and policy initiatives to reduce the amount of solid waste sent to landfills and promote recycling in California, including organic waste recycling under SB 1383. SB 1383, as enacted in 2017 (Lara, Chapter 395, Statutes of 2016), establishes statewide targets to reduce the statewide disposal of organic waste by 50 percent by 2020 and 75 percent by 2025; and requires that not less than 20 percent of edible food that is currently disposed be recovered for human consumption by 2025. For the purposes of this document, “SB 1383 regulations” or “SB 1383 regulatory” requirements refer to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of Title 14, Division 7 of the California Code of Regulations (CCR), and amended portions of regulations of Title 14 CCR and Title 27 CCR. The SB 1383 regulations set forth a variety of programmatic and policy-related requirements for jurisdictions, generators, and other entities to support the Statewide goals of SB 1383.
To support jurisdictions and other regulated entities with implementing programs and policies to reach compliance with SB 1833 regulations, CalRecycle offers four Model Implementation Tools including a Model Franchise Agreement, Model Mandatory Organic Waste Disposal Reduction Ordinance, Model Recovered Organic Waste Product Procurement Policy, and Model Food Recovery Agreement. These tools are available for jurisdictions to use and customize to meet their unique needs.
INTRODUCTION
This Guidance supports the use of the Model Mandatory Organic Waste Disposal Reduction Ordinance (Model). The Model was created recognizing that jurisdictions throughout the State are required by SB 1383 regulations to adopt an ordinance or other similarly enforceable mechanism by January 1, 2022, to mandate that organic waste generators, haulers, and other entities subject to the requirements of SB 1383 regulations and subject to the jurisdiction’s authority, comply with SB 1383 regulatory requirements.
The Model supports establishment of enforceable SB 1383-related requirements for organic waste generators, haulers, and other entities subject to the jurisdiction’s authority.
It also provides a tool for jurisdictions to regulate those entities’ compliance with SB 1383 regulations. Some jurisdictions may choose to adopt such an ordinance or amend an existing ordinance earlier than January 1, 2022. While a jurisdiction may designate a public or private entity to fulfill some of its SB 1383 regulatory responsibilities via contracts or written agreements, the jurisdiction itself remains responsible for its SB 1383 compliance and enforcing other entities’ compliance with the SB 1383 regulatory items
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contained in the ordinance. Under SB 1383 regulations, the jurisdiction is also not allowed to delegate the authority to impose civil penalties to a private entity.
Note: SB 1383 regulations do not dictate that jurisdictions use this Model Ordinance or other ordinance to establish an enforceable mechanism to regulate entities’ compliance with SB 1383 regulatory requirements and standards. Jurisdictions may use an ordinance or other enforceable mechanisms as appropriate, pursuant to SB 1383 regulations (14 CCR Section 18981.2(a)).
The Model includes and addresses the SB 1383 regulatory requirements that jurisdictions need to enforce on other entities, including requirements for generators to participate in organic waste collection programs or self-haul organic waste to processing; multi-family and business owners and property managers to support organic waste disposal reduction; commercial edible food generators to recover edible food through contracts or written agreements with food recovery organizations and services; and more. There are other SB 1383 regulatory requirements placed on the jurisdictions that are not included in this Model that may be enforced by CalRecycle on the jurisdiction (and others) including certain recordkeeping, contamination monitoring, procurement, and outreach requirements. These other jurisdictional requirements of SB 1383 regulations may need to be addressed in the jurisdiction’s ordinance or separately from their ordinance via incorporation into jurisdiction’s other internal policies, guidance, municipal code, and/or other planning documents and guidelines.
Jurisdictions should consult with their legal counsel to determine the best avenue for incorporating these other requirements into their relevant policies, codes, and practices.
For example, procurement requirements specified in 14 CCR, Division 7, Chapter 12, Article 12 are presented in the Model Procurement Policy; however, some jurisdictions may determine that some or all of the procurement requirements should be addressed in their ordinance. In such case, the ordinance shall be expanded beyond the scope provided herein to incorporate additional procurement requirements.
The Model has been developed to provide an easy-to-use and highly customizable template for creating an ordinance. The guidance provided herein highlights important considerations to keep in mind when using the Model; customization strategies to adapt the Model to fit jurisdictions’ unique conditions, and includes tips and list of additional resources. The jurisdiction may use this model ordinance in its entirety or use only relevant parts of the ordinance.
IMPORTANT CONSIDERATIONS
New Ordinance or Amendment of Existing Ordinance. The Model is designed to be highly customizable for jurisdictions, providing options to address a range of program and policy choices. It can be used by jurisdictions drafting a new ordinance and those amending an existing ordinance. If jurisdictions are amending an existing ordinance, example provisions from the Model can be integrated into their existing ordinance. Jurisdictions should be mindful of the fact that this Model is intended to
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focus on SB 1383 regulatory requirements. A jurisdiction may choose to integrate additional provisions into its ordinance to: (i) provide more clarification on how regulated entities are expected to comply; (ii) expand beyond the SB 1383 regulatory requirements; and/or (iii) include other solid waste handling and diversion requirements.
SB 1383 Regulatory Requirements. Each jurisdiction is responsible for understanding and achieving compliance with SB 1383 regulations. Use of the Model Ordinance does not exempt a jurisdiction from complying with all SB 1383 regulatory requirements. The Model Ordinance includes example language that supports compliance with some, but not all SB 1383 regulatory requirements. The Model Ordinance is designed to enable the jurisdiction to require and enforce provisions that SB 1383 regulations require jurisdictions to require and enforce. It does not include the requirements on the jurisdiction itself, which CalRecycle will be enforcing on the jurisdiction, including recordkeeping, contamination monitoring, recovered organic waste product procurement target attainment, and outreach and education. It is advised that jurisdictions thoroughly review the SB 1383 regulations and take necessary actions to ensure full compliance.
In instances where language from the SB 1383 regulations are incorporated into the Model Ordinance, the language is shown in blue font. The SB 1383 regulation-specific content in blue font follows closely with SB 1383 regulatory language; however, in many cases, the wording of SB 1383 regulatory requirements was adapted to fit the context of the Model Ordinance, conform with defined terms, or be framed with sufficient detail for the Model Ordinance. Additional information on SB 1383 regulations is embedded in many of the guidance notes.
Black font identifies language that is not specific to SB 1383 regulations. In most cases, it relates to the requirements of SB 1383 regulations and has been included to provide the context to understand how SB 1383 regulation-related provisions can be integrated into an ordinance. In other cases, it presents example language to provide the framework of a typical ordinance and guidance notes generally indicate that it is example language that is not required by SB 1383 regulations. Involve Legal Counsel. Any ordinance that results from use of the Model shall not be considered to have undergone legal counsel review. Each jurisdiction is responsible for involving its legal counsel to perform legal review and approval processes typically required by the jurisdiction for approval of such ordinances. Engage with Affected Entities When adopting a new or amended ordinance, it is advised that the review and adoption process involve engagement with the regulated entities, which will help with the implementation process as they will be more aware of the upcoming requirements. For example, engagement with organic waste generators, haulers, food recovery organizations, and food recovery services may help jurisdictions to obtain useful input from these stakeholders.
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Example Language Only. The provisions in the Model Ordinance are examples of how some SB 1383 regulatory requirements may be integrated and worded in an ordinance. Jurisdictions are not required to use this exact language. The language does, however, reflect the requirements that jurisdictions are required to place on others. All language should be considered in the context of the specific requirements contained in the SB 1383 regulations and the jurisdictions’ unique conditions.
CUSTOMIZATION CONSIDERATIONS
The Model Ordinance is designed to be customizable for a diverse range of jurisdictions, while providing flexibility for each jurisdiction using the Model to reflect their needs. For example, the Model includes a range of options for collection programs (three-, three- plus, two-, and one-container programs; split carts; uncontainerized collection; etc.).
Each jurisdiction will want to capture its local systems and unique approach to its organics collection program and services. As such, jurisdictions are advised to consider the following general items when crafting their ordinance. More specific guidance is included in the Model.
1. GUIDANCE AND OPTION NOTES
Guidance notes are integrated into the Model Ordinance to explain how specific sections and provisions of the Model can be customized for a jurisdiction’s needs. General guidance notes are highlighted green. Notes in blue identify various options or areas where specific information is to be inserted or selected.
The Model Ordinance addresses common variations of programs and service options; however, addressing all jurisdictional scenarios was not practical. Given this, some jurisdictions may need to customize some sections of the Model to reflect their conditions by drawing on example provisions in the Model as a starting point. This may be especially true for rural, low-population, or high-elevation jurisdictions that may qualify under SB 1383 regulations for waivers or exemptions from specific requirements (subject to CalRecycle approval of such waivers).
2. STANDARD COMPLIANCE OR PERFORMANCE-BASED
COMPLIANCE APPROACH
The terms “Standard Compliance Approach” and “Performance-Based Compliance Approach” are used throughout the Model Ordinance in some section titles, guidance notes, and customization notes. For the purpose of the Model, “Standard Compliance Approach” means the method for complying with the SB 1383 regulations through implementation of organic waste collection programs and policies in accordance with 14 CCR Division 7, Chapter 12, Article 3 and associated requirements. Generally, all provisions in the SB 1383 regulations, other than 14 CCR, Division 7, Chapter 12, Article
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17, apply to the Standard-Compliance Approach, unless the Performance-Based Compliance Approach is specifically referenced. For the purpose of the Model, “Performance-Based Compliance Approach” means the “performance-based source separated collection service” that meets the requirements of 14 CCR Division 7, Chapter 12, Article 17, or as otherwise defined by 14 CCR Section 18982(a)(52.5), and all associated requirements.
The compliance approach chosen will affect the provisions and structure of a jurisdiction’s ordinance. Some sections in the Model Ordinance are specific to jurisdictions using the Standard Compliance Approach and Performance-Based Compliance Approach and are labeled accordingly. Jurisdictions should use only the sections relevant to their compliance approach and delete the other sections. If section labeling does not identify either of these approaches, the section is applicable to jurisdictions using either type of approach.
For jurisdictions that are adopting a Performance-Based Compliance Approach, jurisdictions should consider the requirements from which they are exempt pursuant to SB 1383 regulations (14 CCR Section 18998.2). Some jurisdictions may decide it is prudent to include these requirements in their ordinance with a mechanism that allows the provisions to be triggered automatically, within a specified time frame, in the event the jurisdiction does not meet the requirements of the Performance-Based Compliance Approach and such compliance exceptions are no longer valid. Other jurisdictions may choose not to include provisions related to the compliance exceptions and amend their ordinance in the future if the jurisdiction does not meet the requirements of the Performance-Based Compliance Approach. The Model Ordinance reflects the later approach.
3. TYPE OF JURISDICTION
Some SB 1383 regulatory requirements differ based on the type of jurisdiction (e.g., city, county, regional agency, special district that provides solid waste collection services, etc.). Jurisdictions should choose the customization options that best match the requirements of their jurisdiction type. Ordinance provisions that differ based on the jurisdiction type will be identified in the guidance notes of the Model Ordinance. Note that the Model does not address the full framework a regional agency or special district will need to capture for its relationship with its member agencies. These types of jurisdictions will need to make modifications to the ordinance depending on their specific requirements.
4. WAIVERS AND EXEMPTIONS
SB 1383 regulations allow jurisdictions to grant waivers to some generators for de minimis volumes, physical space limitations, and less-than-weekly collection frequency, although these waivers are not required. Jurisdictions are advised to review SB 1383 regulations (14 CCR Section 18984.11) on allowable generator waivers and decide whether or not to
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include one or more of these generator waivers in their ordinance. The Model Ordinance includes sample language should a jurisdiction decide to include de minimis, physical space, and/or less-than-weekly collection frequency waivers for generators that meet specified requirements.
SB 1383 regulations (14 CCR Section 18984.12) also provide for CalRecycle to grant waivers and exemptions to jurisdictions and some or all of its generators for compliance with some or all of the organic waste collection requirements of SB 1383 regulations (14 CCR Division 7, Chapter 12, Article 3) when the jurisdictions meet low-population, rural area, or high-elevation criteria. Jurisdictions are advised to review the relevant SB 1383 regulations to assess their eligibility for jurisdiction waivers and exemptions and decide whether they plan to apply for a low population or high elevation waiver or a rural exemption. The Model Ordinance does not include language for low population and high elevation waivers and rural exemptions, as the Model Ordinance is focused on requirements on generators and those regulated by the jurisdiction. These types of waivers are granted by CalRecycle to the jurisdiction. Jurisdictions may need to modify their ordinance language depending upon whether they plan to apply for and are granted these specific waivers from CalRecycle.
While waivers for low-population areas and high-elevation areas waive some SB 1383 regulatory requirements for generators and jurisdictions, AB 341 and AB 1826 requirements apply for jurisdictions and for multi-family and commercial generators that are covered by AB 341 and AB 1826 and located in these areas. As a result, jurisdictions with these waivers may need to amend their ordinances to require generators that are covered by AB 341 and AB 1826 to comply with those requirements, to address waivers allowed under AB 341 and AB 1826, and to align with the jurisdiction’s AB 341 commercial recycling program and AB 1826 organic waste recycling programs.
5. COLLECTION METHOD
The manner in which a jurisdiction arranges for organic waste collection services to be provided to generators will impact the necessary provisions of their ordinance. General guidance and options are presented in the Model Ordinance to give jurisdictions insight on which language to select and adapt for their collection program conditions.
6. DELEGATION OF RESPONSIBILITIES & ENFORCEMENT
Users of the Model Ordinance are also advised to consider which enforcement requirements of the SB 1383 regulations will remain the responsibility of the jurisdiction or whether they will be delegated to another jurisdiction, including regional agencies. For example, some jurisdictions may choose to conduct inspections and enforcement themselves and others may enter an agreement with another jurisdiction to conduct such inspections and enforcement on their behalf (such as a regional agency or County Environmental Health Department). Jurisdictions should consider whether it is sharing responsibility for enforcement with any other jurisdictions when considering what language to include.
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Example language to reflect a shared enforcement methodology is presented in the Model Ordinance as an option. It is important to note that regardless of how a jurisdiction chooses to handle enforcement, the jurisdiction itself remains responsible for enforcement, and could be subject to penalties based on non-enforcement, according to SB 1383 regulations. It is also important to understand that SB 1383 regulations prohibit a jurisdiction from delegating its authority to impose civil penalties, or to maintain an action to impose civil penalties, to a private entity. Jurisdictions should change the enforcement language in the Model Ordinance to be consistent with their own administrative procedures on enforcement actions; the enforcement process and timeline outlined in SB 1383 regulations; and California Government Code Section 53069.4.
7. ALIGNMENT OF DEFINED TERMS
The Model Ordinance includes dozens of defined terms, many of which were obtained from SB 1383 regulatory definitions and some from example ordinances and franchise agreements. The nuances of defined terms and their relationship to one another can have a significant impact on the meaning of the provisions of the ordinance. For this reason, jurisdictions are advised to carefully review the definitions they are using in existing ordinances, franchises, processing agreements, and municipal code, as well as the definitions in SB 1383 regulations, and modify existing definitions, delete non-applicable definitions, and integrate new ones where needed. It is likely that some of the definitions in the Model can be used without modification, while others will need to be tailored to the jurisdiction’s unique conditions, collection program, and contractual arrangements. For example, if a jurisdiction is considering use of an anaerobic digestion facility that only accepts clean food scraps, the jurisdiction may want to exclude food-soiled paper in the definition of food scraps, or create an additional subdivision of the definition.
Additionally, the Model refers to containers by their colors (gray, green, blue, and brown) as done in the SB 1383 regulations. Users may need to add, remove, or change colors of containers in the definitions to match the container lid and body color options selected for their program, pursuant to the container color requirements and compliance dates in Article 3 of the SB 1383 regulations. Additionally, definitions are included that would work for each type of organics collection system: three, three-plus, two-, and one-container, and the allowable permutations thereof. Once the jurisdiction determines their collection system(s), they should retain the definitions that are most appropriate for their collection program and delete the others. Guidance notes in the Model provide direction on the instances in which some definitions are applicable or non-applicable.
The following figure identifies the defined terms used in the Model Ordinance to describe the various material streams associated with each color container. This is provided for convenience to orient the user to the terminology, which, in some cases, is likely to be different than their current terminology.
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Defined Terms Used in Model Ordinance
Container
Color
Terminology of Material Streams
Blue Containers
Source separated recyclable materials
Non-organic recyclables - glass, metal, plastic, etc. Source separated blue container organic waste
(SSBCOW) – organic recyclables such as fibers and
cardboard
Green containers Source separated Green Container organic waste (SSGCOW)
Gray containers
Gray container waste (three- and three-plus container systems that do not allow organic waste, such as food
waste, in the gray container)
Mixed waste organic collection stream or mixed waste
(two- and one-container systems and three- and three-
plus-container systems that allow organic waste, such as food waste, in the gray container)
Note: Organic waste is a defined term that serves as an umbrella for all organics including SSBCOW, SSGCOW, textiles, carpet, etc. Organic wastes are collected in a combination of containers depending on the collection system and therefore not separately identified in the table above.
Not all of the definitions contained within the SB 1383 regulations have been included in the ordinance. It is advised that the jurisdiction review all of the SB 1383 regulatory definitions and determine whether it would be beneficial to add any additional terms.
While the user may also modify or create their own definitions, the jurisdiction must ensure that all SB 1383 regulatory requirements are met. For example, material streams can be defined, renamed, or further subdivided, or the jurisdiction may wish to refer to the containers by material stream type rather than color; however, the ordinance must include requirements to assure that all organic waste specified in SB 1383 regulations for collection is collected and processed or managed in a compliant manner.
In addition, jurisdictions will need to amend the definitions in their municipal/county code to align with updated definitions in their ordinance and franchise agreement. Jurisdictions should attempt to coordinate definitions used in the ordinance, their franchise agreement, and their municipal/county code sections related to solid waste collection and recycling.
8. DOCUMENT STRUCTURE
The Model Ordinance is structured to include sections on definitions and requirements on: single-family and multi-family generators, commercial businesses, self-haulers, commercial edible food generators, food recovery organizations and services, vendors of paper products, and sections on waivers, compliance with CALGreen and MWELO,
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inspections, and enforcement. Where applicable, separate sections are included for those using the standard compliance approach vs. the performance-based compliance approach.
ADDITIONAL TIPS
FOR USING THE MODEL
1. Modify Language. Adjust the Model language to fit the jurisdiction’s specific needs.
For example, a jurisdiction using only a three-container system will need to delete all provisions related to three-plus, two-, and one-container systems.
2. Change Jurisdiction. The term “jurisdiction” is used throughout this Model Ordinance; however, the entity responsible for adopting this Ordinance will need to change “jurisdiction” throughout the document to the appropriate term, which may be City, County, City and County, Special District that provides solid waste handling services, Joint Powers Authority, Regional Agency, etc.
3. Delete Guidance Notes and Unused Options. Green highlighting identifies guidance notes presented in the Model for reference only, which are to be removed by the user when preparing its final Ordinance. In cases where the Model offers multiple options, blue highlighting identifies optional provisions and areas where customization is advised. Options and customization items that are not selected are to be deleted and section numbers must be modified accordingly.
4. Blend Existing Provisions with Model Provisions. When using the Model Ordinance, users may want to select provisions from both the Model Ordinance and their existing ordinance(s) to create an ordinance that best suits its needs.
5. Style and Design. The use of multiple font colors and highlighting to differentiate content in the Model Ordinance, as described above, is not required in any final document produced, and the colors should be eliminated or made consistent with the user’s standard document styles. The Model Ordinance has been designed in accordance with CalRecycle’s accessibility guidelines. SB 1383 regulations do not require specific styles or design to be used for ordinances, and the final document style is at each jurisdiction’s discretion.
ADDITIONAL CALRECYCLE RESOURCES
1. SB 1383 General Information: https://www.calrecycle.ca.gov/organics/slcp
2. SB 1383 Regulations: https://www2.calrecycle.ca.gov/Docs/Web/118371 (for an accessible version, please use this link:
https://www2.calrecycle.ca.gov/Docs/Web/118368)
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3. SB 1383 Model Implementation Tools:
https://www.calrecycle.ca.gov/organics/slcp/education\
This webpage includes the following Model Tools:
Model Franchise Agreement
Model Mandatory Organic Waste Disposal Reduction Ordinance Model Recovered Organic Waste Product Procurement Policy Model Food Recovery Agreement
4. Other Recovered Organic Waste Product Procurement Resources Calculator for Annual Recovered Organic Waste Product Procurement:
https://www2.calrecycle.ca.gov/Docs/Web/118521
5. SB 1383 Case Studies: https://www.calrecycle.ca.gov/organics/slcp/education Eight case studies are available including two each on franchise agreements, mandatory organic waste disposal reduction ordinances, recovered organic waste product procurement, and food recovery programs and policies.
6. Other Relevant SB 1383 CalRecycle Reports
SB 1383 Local Services Rates Analysis:
https://www2.calrecycle.ca.gov/Publications/Details/1698 SB 1383 Infrastructure and Market Analysis:
https://www2.calrecycle.ca.gov/Publications/Details/1652
7. Relevant Regulations Referenced in the Model Policy:
Title 14 of California Code of Regulations, Division 7, Department of Resources Recycling and Recovery:
https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegul ations?guid=IFF17BBCC72F5412C8FEEF78290C1526E&originationContext=do cumenttoc&transitionType=Default&contextData=(sc.Default) Title 27 of California Code of Regulations, Division 2, Environmental Protection, Solid Waste (27 CCR Division 2):
https://www.calrecycle.ca.gov/laws/regulations/title27
Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of California Code of Regulations:
https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegul ations?guid=I55B69DB0D45A11DEA95CA4428EC25FA0&transitionType=Defaul t&contextData=%28sc.Default%29
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Public Contract Code (including recycled-content paper requirements):
https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?toc Code=PCC&division=2.&title=&part=2.&chapter=&article=&goUp=Y Public Resources Code:
http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?lawC ode=PRC&division=30.&title=&part=1.&chapter=2.&article=&goUp=Y Code of Federal Regulations, Title 16 (including relevant definitions):
https://www.govinfo.gov/app/details/CFR-2013-title16-vol1/CFR-2013-title16- vol1-sec260-12/context
Model Ordinance
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-1- Model Ordinance
MODEL MANDATORY ORGANIC WASTE 1
DISPOSAL REDUCTION ORDINANCE 2
SECTION 1. PURPOSE AND FINDINGS 3
The Jurisdiction finds and declares: 4
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste 5 Management Act of 1989 (California Public Resources Code Section 40000, et 6 seq., as amended, supplemented, superseded, and replaced from time to time), 7 requires cities and counties to reduce, reuse, and recycle (including composting) 8 Solid Waste generated in their Jurisdictions to the maximum extent feasible before 9 any incineration or landfill disposal of waste, to conserve water, energy, and other 10 natural resources, and to protect the environment. 11
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the 12 State of California on October 5, 2011, which amended Sections 41730, 41731, 13 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 14 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 15 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, 16 the Public Resources Code, as amended, supplemented, superseded and 17 replaced from time to time), places requirements on businesses and Multi-Family 18 property owners that generate a specified threshold amount of Solid Waste to 19 arrange for recycling services and requires Jurisdictions to implement a Mandatory 20 Commercial Recycling program. 21
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the 22 Governor of the State of California on September 28, 2014, which added Chapter 23
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public 24 Resources Code, relating to Solid Waste, as amended, supplemented, 25 superseded, and replaced from time to time), requires businesses and Multi-Family 26 property owners that generate a specified threshold amount of Solid Waste, 27 Recycling, and Organic Waste per week to arrange for recycling services for that 28 waste, requires Jurisdictions to implement a recycling program to divert Organic 29 Waste from businesses subject to the law, and requires Jurisdictions to to 30 implement a Mandatory Commercial Organics Recycling program. Guidance: 31 Rural Jurisdictions that are exempt from AB 1826 may not need the preceding 32 statement. 33
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires 34 CalRecycle to develop regulations to reduce organics in landfills as a source of 35 methane. The regulations place requirements on multiple entities including 36 Jurisdictions, residential households, Commercial Businesses and business 37 owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food 38
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Recovery Organizations, and Food Recovery Services to support achievement of 39 Statewide Organic Waste disposal reduction targets. 40 (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires 41 Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to 42 implement relevant provisions of SB 1383 Regulations. This ordinance will also 43 help reduce food insecurity by requiring Commercial Edible Food Generators to 44 arrange to have the maximum amount of their Edible Food, that would otherwise 45 be disposed, be recovered for human consumption. 46
(f) Requirements in this ordinance are consistent with other adopted goals and 47 policies of the Jurisdiction including: __________ (Jurisdiction to insert 48 description). Guidance: At Jurisdiction’s option, Jurisdictions may want to include 49 this subsection (f) to add Jurisdiction-specific diversion goals or policies here such 50 as a 75% diversion or zero waste goal, C&D recovery ordinance, greenhouse gas 51 reduction goals, local climate action plan, etc. 52
SECTION 2. TITLE OF ORDINANCE 53
This chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance”. 54 Guidance: This is a suggested title for the ordinance. Jurisdictions may choose a different 55 name for the ordinance. 56
SECTION 3. DEFINITIONS 57
Guidance: Most of the following definitions are excerpted from the SB 1383 Regulations 58 (14 CCR Section 18982) with SB 1383 Regulation-specific text noted in green font. There 59 are additional definitions in the SB 1383 Regulations that are not included here. 60 Jurisdiction may want to review that list of definitions in 14 CCR Section 18982 to 61 determine whether it wants to add any additional definitions to its ordinance. Jurisdiction 62 may also choose to delete definitions not appropriate for its system and/or to include 63 additional definitions that are appropriate for its system and ordinance. 64 (a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and 65 shall be used for the purpose of storage and collection of Source Separated 66 Recyclable Materials or Source Separated Blue Container Organic Waste. 67 Guidance: For three-container, three-plus-container, and two-container blue/gray 68 systems, include this “Blue Container” definition. For two-container green/gray 69 systems and one-container systems, delete this definition. 70 (b) “CalRecycle” means California's Department of Resources Recycling and 71 Recovery, which is the Department designated with responsibility for developing, 72 implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). 73
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(c) “California Code of Regulations” or “CCR” means the State of California Code of 74 Regulations. CCR references in this ordinance are preceded with a number that 75 refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). 76 (d) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, 77 joint-stock company, corporation, or association, whether for-profit or nonprofit, 78 strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise 79 defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that 80 consists of fewer than five (5) units is not a Commercial Business for purposes of 81 implementing this ordinance. 82
(e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two 83 Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this 84 ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). 85 For the purposes of this definition, Food Recovery Organizations and Food 86 Recovery Services are not Commercial Edible Food Generators pursuant to 14 87 CCR Section 18982(a)(7). 88
(f) “Compliance Review” means a review of records by a Jurisdiction to determine 89 compliance with this ordinance. 90
(g) “Community Composting” means any activity that composts green material, 91 agricultural material, food material, and vegetative food material, alone or in 92 combination, and the total amount of feedstock and Compost on-site at any one 93 time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR 94 Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). 95 (h) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which 96 stated, as of the effective date of this ordinance, that “Compost” means the product 97 resulting from the controlled biological decomposition of organic Solid Wastes that 98 are Source Separated from the municipal Solid Waste stream, or which are 99 separated at a centralized facility. 100
(i) “Compostable Plastics” or “Compostable Plastic” means plastic materials that 101 meet the ASTM D6400 standard for compostability, or as otherwise described in 102 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). 103 (j) “Container Contamination” or “Contaminated Container” means a container, 104 regardless of color, that contains Prohibited Container Contaminants, or as 105 otherwise defined in 14 CCR Section 18982(a)(55). 106
(k) “C&D” means construction and demolition debris. 107 (l) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR 108 Section 18982(14.5), means a Solid Waste facility that accepts a Source 109 Separated Organic Waste collection stream as defined in 14 CCR Section 110 17402(a)(26.6) and complies with one of the following: 111
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(1) The facility is a “transfer/processor,” as defined in 14 CCR Section 112 18815.2(a)(62), that is in compliance with the reporting requirements of 14 113 CCR Section 18815.5(d), and meets or exceeds an annual average Source 114 Separated organic content Recovery rate of 50 percent between January 1, 115 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 116 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste 117 received from the Source Separated Organic Waste collection stream. 118 (A) If a transfer/processor has an annual average Source Separated 119 organic content Recovery rate lower than the rate required in 120 Paragraph 1 of this definition for two (2) consecutive reporting 121 periods, or three (3) reporting periods within three (3) years, the 122 facility shall not qualify as a “Designated Source Separated Organic 123 Waste Facility”. 124
(2) The facility is a “composting operation” or “composting facility” as defined in 125 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted 126 under 14 CCR Section 18815.7 demonstrates that the percent of the 127 material removed for landfill disposal that is Organic Waste is less than the 128 percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), 129 whichever is applicable, and, if applicable, complies with the digestate 130 handling requirements specified in 14 CCR Section 17896.5. Guidance: 131 Note that the definition of composting operation includes in-vessel digestion 132 as regulated in 14 CCR Section 17896. 133
(A) If the percent of the material removed for landfill disposal that is 134 Organic Waste is more than the percent specified in 14 CCR Section 135 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting 136 periods, or three (3) reporting periods within three (3) years, the 137 facility shall not qualify as a “Designated Source Separated Organic 138 Waste Facility.” For the purposes of this ordinance, the reporting 139 periods shall be consistent with those defined in 14 CCR Section 140 18815.2(a)(49). Guidance: The reporting periods identified in the 141 above Section 3(l)(2)(A) are consistent with reporting that facilities 142 must submit to CalRecycle under RDRS regulations and not 143 reporting to be submitted under this ordinance. 144
Guidance: This definition is only needed when the Jurisdiction is using the 145 Performance-Based Compliance Approach; delete this definition if using the 146 Standard Compliance Approach. 147
(m) “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges 148 to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized 149 in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a 150 private entity, or a combination of those entities. 151
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(n) “Edible Food” means food intended for human consumption, or as otherwise 152 defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as 153 otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid 154 Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, 155 Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that 156 does not meet the food safety requirements of the California Retail Food Code. 157 (o) “Enforcement Action" means an action of the Jurisdiction to address non-158 compliance with this ordinance including, but not limited to, issuing administrative 159 citations, fines, penalties, or using other remedies. 160 (p) “Excluded Waste” means hazardous substance, hazardous waste, infectious 161 waste, designated waste, volatile, corrosive, medical waste, infectious, regulated 162 radioactive waste, and toxic substances or material that facility operator(s), which 163 receive materials from the Jurisdiction and its generators, reasonably believe(s) 164 would, as a result of or upon acceptance, transfer, processing, or disposal, be a 165 violation of local, State, or Federal law, regulation, or ordinance, including: land 166 use restrictions or conditions, waste that cannot be disposed of in Class III landfills 167 or accepted at the facility by permit conditions, waste that in Jurisdictions, or its 168 Designee’s reasonable opinion would present a significant risk to human health or 169 the environment, cause a nuisance or otherwise create or expose Jurisdiction, or 170 its Designee, to potential liability; but not including de minimis volumes or 171 concentrations of waste of a type and amount normally found in Single-Family or 172 Multi-Family Solid Waste after implementation of programs for the safe collection, 173 processing, recycling, treatment, and disposal of batteries and paint in compliance 174 with Sections 41500 and 41802 of the California Public Resources Code. Excluded 175 Waste does not include used motor oil and filters, household batteries, universal 176 wastes, and/or latex paint when such materials are defined as allowable materials 177 for collection through the Jurisdiction’s collection programs and the generator or 178 customer has properly placed the materials for collection pursuant to instructions 179 provided by Jurisdiction or its Designee for collection services. 180 Guidance: Jurisdictions should modify the above Excluded Waste definition based 181 on the specific types of accepted or prohibited materials in their program. For 182 example, the final sentence of this definition is an example of a customization 183 option that a Jurisdiction might include if the Jurisdiction has a special collection or 184 recycling program for items like motor oil and filters, household batteries, or other 185 such items as applicable. 186
(q) “Food Distributor” means a company that distributes food to entities including, but 187 not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 188 CCR Section 18982(a)(22). 189
(r) “Food Facility” has the same meaning as in Section 113789 of the Health and 190 Safety Code. 191
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(s) “Food Recovery” means actions to collect and distribute food for human 192 consumption that otherwise would be disposed, or as otherwise defined in 14 CCR 193 Section 18982(a)(24). 194
(t) “Food Recovery Organization” means an entity that engages in the collection or 195 receipt of Edible Food from Commercial Edible Food Generators and distributes 196 that Edible Food to the public for Food Recovery either directly or through other 197 entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not 198 limited to: 199
(1) A food bank as defined in Section 113783 of the Health and Safety Code; 200 (2) A nonprofit charitable organization as defined in Section 113841 of the 201 Health and Safety code; and, 202
(3) A nonprofit charitable temporary food facility as defined in Section 113842 203 of the Health and Safety Code. 204
A Food Recovery Organization is not a Commercial Edible Food Generator for the 205 purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 206 pursuant to 14 CCR Section 18982(a)(7). 207
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization 208 differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall 209 apply to this ordinance. 210
(u) “Food Recovery Service” means a person or entity that collects and transports 211 Edible Food from a Commercial Edible Food Generator to a Food Recovery 212 Organization or other entities for Food Recovery, or as otherwise defined in 14 213 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible 214 Food Generator for the purposes of this ordinance and implementation of 14 CCR, 215 Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). 216 (v) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, 217 poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and 218 eggshells. Food Scraps excludes fats, oils, and grease when such materials are 219 Source Separated from other Food Scraps. Guidance: Jurisdictions should modify 220 the above definition of Food Scraps to be consistent with their specific list of 221 accepted Food Scraps. For example, Jurisdictions that accept fats, oils, and 222 grease in their collection program should modify the final sentence of this definition 223 accordingly. 224
(w) “Food Service Provider” means an entity primarily engaged in providing food 225 services to institutional, governmental, Commercial, or industrial locations of 226 others based on contractual arrangements with these types of organizations, or as 227 otherwise defined in 14 CCR Section 18982(a)(27). 228
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(x) “Food-Soiled Paper” is compostable paper material that has come in contact with 229 food or liquid, such as, but not limited to, compostable paper plates, paper coffee 230 cups, napkins, pizza boxes, and milk cartons. 231
(y) “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics. 232 Guidance: Jurisdictions should modify the above definition of Food Waste 233 according to the materials accepted in their program. For example, some programs 234 do not accept Food-Soiled Paper in their collection programs based on the 235 processing technologies used. In that case, Jurisdictions should modify this 236 definition to remove or restrict Food-Soiled Paper if desired. It should be noted; 237 however, that Jurisdictions are still required to handle Food-Soiled Paper in a 238 manner that results in landfill disposal reduction pursuant to 14 CCR Section 239 18983.1. However, if the Food-Soiled Paper is not included in Food Waste or Food 240 Scraps collection, the Jurisdiction is still responsible for providing a method of 241 properly handling and processing all Organic Waste that are required by SB 1383 242 Regulations to be handled in a manner that results in landfill disposal reduction in 243 accordance with 14 CCR Section 18983.1. 244
Jurisdictions may choose to include Compostable Plastics in their definition of 245 Food Waste if such materials are accepted in their program. If the Jurisdiction does 246 not allow Compostable Plastics to be collected with Food Waste, delete 247 “Compostable Plastics” from the Food Waste definition. 248 (z) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and 249 shall be used for the purpose of storage and collection of Gray Container Waste. 250 Guidance: For two- and one-container systems and three- and three-plus-251 container systems that allow Organic Waste, such as Food Waste, for collection in 252 the Gray Container, replace “Gray Container Waste” with “Mixed Waste” in this 253 sentence. 254
(aa) “Gray Container Waste” means Solid Waste that is collected in a Gray Container 255 that is part of a three-container Organic Waste collection service that prohibits the 256 placement of Organic Waste in the Gray Container as specified in 14 CCR 257 Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 258 17402(a)(6.5). Guidance: This definition is only needed for Jurisdictions using 259 three- or three-plus-container systems that prohibit Organic Waste, such as Food 260 Waste, to be collected in the Gray Container. For Jurisdictions using a two- or one-261 container system, or a three- or three-plus-container system that allows Organic 262 Waste, such as Food Waste, for collection in the Gray Container, delete this 263 definition and instead include only the definition of “Mixed Waste” below. 264 (bb) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) 265 and shall be used for the purpose of storage and collection of Source Separated 266 Green Container Organic Waste. Guidance: For three-container, three-plus-267 container, and two-container green/gray systems, include this “Green Container” 268
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definition. For two-container blue/gray systems and one-container systems, delete 269 this definition. 270
(cc) “Grocery Store” means a store primarily engaged in the retail sale of canned food; 271 dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area 272 that is not separately owned within the store where the food is prepared and 273 served, including a bakery, deli, and meat and seafood departments, or as 274 otherwise defined in 14 CCR Section 18982(a)(30). 275
(dd) “Hauler Route” means the designated itinerary or sequence of stops for each 276 segment of the Jurisdiction’s collection service area, or as otherwise defined in 14 277 CCR Section 18982(a)(31.5). Guidance: The SB 1383 Regulations do not specify 278 the time unit or frequency of a “Hauler Route.” Jurisdictions may wish to modify 279 this definition to specify whether a route is daily, weekly, etc., for the purposes of 280 the ordinance. 281
(ee) “High Diversion Organic Waste Processing Facility” means a facility that is in 282 compliance with the reporting requirements of 14 CCR Section 18815.5(d) and 283 meets or exceeds an annual average Mixed Waste organic content Recovery rate 284 of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent 285 after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for 286 Organic Waste received from the “Mixed waste organic collection stream” as 287 defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR 288 Section 18982(a)(33). 289
(ff) “Inspection” means a site visit where a Jurisdiction reviews records, containers, 290 and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste 291 or Edible Food handling to determine if the entity is complying with requirements 292 set forth in this ordinance, or as otherwise defined in 14 CCR Section 293 18982(a)(35). 294
(gg) “Jurisdiction” Guidance: No definition has been included for Jurisdiction. Users of 295 the Model Ordinance are instructed to replace Jurisdiction throughout the Model 296 with the term appropriate to their organization (e.g., City, County, Special District 297 that provides solid waste collection services, Agency, etc.). 298 (hh) “Jurisdiction Enforcement Official” means the city manager, county administrative 299 official, chief operating officer, executive director, or other executive in charge or 300 their authorized Designee(s) who is/are partially or whole responsible for enforcing 301 the ordinance. See also “Regional or County Agency Enforcement Official”. 302 Guidance: If the Jurisdiction chooses a different enforcement model, then it should 303 change or delete this definition. Other approaches may be enforcement by 304 committee, task force, or elected body, should such entities be designated by the 305 Jurisdiction with those responsibilities. Enforcement does not have to be limited 306 to one person; however, the Jurisdiction may not delete its authority to impose any 307 civil penalties that are required by the SB 1383 Regulations to a private entity 308 pursuant to 14 CCR Section 18981.2(d). 309
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(ii) “Large Event” means an event, including, but not limited to, a sporting event or a 310 flea market, that charges an admission price, or is operated by a local agency, and 311 serves an average of more than 2,000 individuals per day of operation of the event, 312 at a location that includes, but is not limited to, a public, nonprofit, or privately 313 owned park, parking lot, golf course, street system, or other open space when 314 being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs 315 from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to 316 this ordinance. 317
(jj) “Large Venue” means a permanent venue facility that annually seats or serves an 318 average of more than 2,000 individuals within the grounds of the facility per day of 319 operation of the venue facility. For purposes of this ordinance and implementation 320 of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a 321 public, nonprofit, or privately owned or operated stadium, amphitheater, arena, 322 hall, amusement park, conference or civic center, zoo, aquarium, airport, 323 racetrack, horse track, performing arts center, fairground, museum, theater, or 324 other public attraction facility. For purposes of this ordinance and implementation 325 of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that 326 includes more than one Large Venue that is contiguous with other Large Venues 327 in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) 328 differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall 329 apply to this ordinance. 330
(kk) “Local Education Agency” means a school district, charter school, or county office 331 of education that is not subject to the control of city or county regulations related 332 to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). 333 (ll) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste 334 collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 335 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as 336 otherwise defined in 14 CCR Section 17402(a)(11.5). Guidance: This definition is 337 only to be used by Jurisdictions using two- or one-container systems or three- or 338 three-plus-container systems that allow Organic Waste, such as Food Waste, for 339 collection in the Gray Container. In these cases, materials in the Gray Containers 340 are to be processed at a High Diversion Organic Waste Processing Facility. Delete 341 if using a three- or three-plus container system that does not allow Organic Waste 342 to be collected in the Gray Containers. 343
(mm) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining 344 to residential premises with five (5) or more dwelling units. Multi-Family premises 345 do not include hotels, motels, or other transient occupancy facilities, which are 346 considered Commercial Businesses. Guidance: Under the SB 1383 Regulations 347 and in this Model Ordinance, Multi-Family Residential Dwellings with five (5) or 348 more units are included under the definition of a Commercial Business per 14 CCR 349 Section 18982(a)(6). 350
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(nn) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 351 CCR, Division 2, Chapter 2.7. 352
(oo) “Non-Compostable Paper” includes but is not limited to paper that is coated in a 353 plastic material that will not breakdown in the composting process, or as otherwise 354 defined in 14 CCR Section 18982(a)(41). Guidance: In the definition of Non-355 Compostable Paper, Jurisdictions may wish to provide additional detail on the 356 materials and coatings that their processing facility is able to accept. However, the 357 Jurisdiction is still responsible for properly handling and processing all Organic 358 Waste required by the SB 1383 Regulations to be handled in a manner that results 359 in landfill disposal reduction in accordance with 14 CCR Section 18983.1. 360 (pp) “Non-Local Entity” means the following entities that are not subject to the 361 Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 362 18982(a)(42): 363
Guidance: Jurisdiction should include one or more of the items below as 364 appropriate for Jurisdiction, and delete non-applicable items. 365 (1) Special district(s) located within the boundaries of the Jurisdiction, including 366 ________ (insert names of special districts). 367
(2) Federal facilities, including military installations, located within the 368 boundaries of the Jurisdiction, including ________ (insert names of federal 369 facilities). 370
(3) Prison(s) located within the boundaries of the Jurisdiction, including 371 ________ (insert names of prisons). Guidance: Private prisons are 372 considered Commercial Businesses and should not be listed here. 373 (4) Facilities operated by the State park system located within the boundaries 374 of the Jurisdiction, including ________ (insert names of State park 375 facilities). 376
(5) Public universities (including community colleges) located within the 377 boundaries of the Jurisdiction, including ________ (insert names of 378 universities). 379
(6) County fairgrounds located within the boundaries of the Jurisdiction, 380 including ________ (insert names of fairgrounds). 381
(7) State agencies located within the boundaries of the Jurisdiction, including 382 ________ (insert names of State agencies). 383
(qq) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable 384 wastes including but not limited to bottles, cans, metals, plastics and glass, or as 385 otherwise defined in 14 CCR Section 18982(a)(43). Guidance: Only Jurisdictions 386
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that have three-, three-plus-, or two-container collection service will include “Non-387 Organic Recyclables” definition. Delete if using a one-container collection service. 388 (rr) “Notice of Violation (NOV)” means a notice that a violation has occurred that 389 includes a compliance date to avoid an action to seek penalties, or as otherwise 390 defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 391 18995.4. 392
(ss) “Organic Waste” means Solid Wastes containing material originated from living 393 organisms and their metabolic waste products, including but not limited to food, 394 green material, landscape and pruning waste, organic textiles and carpets, lumber, 395 wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, 396 and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids 397 and digestate are as defined by 14 CCR Section 18982(a). 398 (tt) “Organic Waste Generator” means a person or entity that is responsible for the 399 initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 400 18982(a)(48). 401
(uu) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, 402 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 403 toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). 404 (vv) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, 405 watermark, cotton fiber, offset, forms, computer printout paper, white wove 406 envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, 407 and other uncoated writing papers, posters, index cards, calendars, brochures, 408 reports, magazines, and publications, or as otherwise defined in 14 CCR Section 409 18982(a)(54). 410
(ww) “Prohibited Container Contaminants” 411
Guidance: Jurisdictions shall include one or more of the definitions of Prohibited 412 Container Contaminants listed below, corresponding with the collection service(s) 413 it is using, and delete the others. 414
(1) Option 1, Three-container or three-plus-container collection service (Blue 415 Container, Green Container, and Gray Containers): “Prohibited Container 416 Contaminants” means the following: (i) discarded materials placed in the 417 Blue Container that are not identified as acceptable Source Separated 418 Recyclable Materials for the Jurisdiction’s Blue Container; (ii) discarded 419 materials placed in the Green Container that are not identified as acceptable 420 Source Separated Green Container Organic Waste for the Jurisdiction’s 421 Green Container; (iii) discarded materials placed in the Gray Container that 422 are acceptable Source Separated Recyclable Materials and/or Source 423 Separated Green Container Organic Wastes to be placed in Jurisdiction’s 424
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Green Container and/or Blue Container; and, (iv) Excluded Waste placed in 425 any container. 426
(2) Option 2a, Two-container (green/gray) collection service for Source 427 Separated Green Container Organic Waste and mixed materials): 428 “Prohibited Container Contaminants” means the following: (i) discarded 429 materials placed in a Green Container that are not identified as acceptable 430 Source Separated Green Container Organic Waste for the Jurisdiction’s 431 Green Container; (ii) discarded materials placed in the Gray Container that 432 are identified as acceptable Source Separated Green Container Organic 433 Waste, which are to be separately collected in Jurisdiction’s Green 434 Container; and, (iii) Excluded Waste placed in any container. 435 (3) Option 2b, Two-container (blue/gray) collection service for Source 436 Separated Recyclable Materials and mixed materials): “Prohibited 437 Container Contaminants” means the following: (i) discarded materials 438 placed in a Blue Container that are not identified as acceptable Source 439 Separated Recyclable Materials for Jurisdiction’s Blue Container; (ii) 440 discarded materials placed in the Gray Container that are identified as 441 acceptable Source Separated Recyclable Materials, which are to be 442 separately collected in Jurisdiction’s Blue Container; and, (iii) Excluded 443 Waste placed in any container. 444
(4) Option 3, One-container collection service: “Prohibited Container 445 Contaminants” means Excluded Waste placed in any container. Guidance: 446 The term “Prohibited Container Contaminants” under the SB 1383 447 Regulations does not apply to one-container systems; however, 448 Jurisdictions may wish to use this definition to explicitly state that Excluded 449 Waste is a contaminant in a one-container system. 450
(xx) “ Recovered Organic Waste Products” means products made from California, 451 landfill-diverted recovered Organic Waste processed in a permitted or otherwise 452 authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). 453 (yy) “Recovery” means any activity or process described in 14 CCR Section 454 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). 455 (zz) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper 456 that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as 457 otherwise defined in 14 CCR Section 18982(a)(61). 458
(aaa) “Regional Agency” means regional agency as defined in Public Resources Code 459 Section 40181. 460
(bbb) “Regional or County Agency Enforcement Official” means a regional or county 461 agency enforcement official, designated by the Jurisdiction with responsibility for 462 enforcing the ordinance in conjunction or consultation with Jurisdiction 463 Enforcement Official. Guidance: Include Regional or County Agency Enforcement 464
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Official only if Jurisdiction plans to designate another public entity with enforcement 465 responsibilities. Jurisdiction should stay involved in Enforcement Actions as the 466 responsibility for enforcement remains with each Jurisdiction. 467 (ccc) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless 468 electronic devices to visualize the contents of Blue Containers, Green Containers, 469 and Gray Containers for purposes of identifying the quantity of materials in 470 containers (level of fill) and/or presence of Prohibited Container Contaminants. 471 (ddd) “Renewable Gas” means gas derived from Organic Waste that has been diverted 472 from a California landfill and processed at an in-vessel digestion facility that is 473 permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as 474 otherwise defined in 14 CCR Section 18982(a)(62). 475
(eee) “Restaurant” means an establishment primarily engaged in the retail sale of food 476 and drinks for on-premises or immediate consumption, or as otherwise defined in 477 14 CCR Section 18982(a)(64). 478
(fff) “Route Review” means a visual Inspection of containers along a Hauler Route for 479 the purpose of determining Container Contamination, and may include mechanical 480 Inspection methods such as the use of cameras, or as otherwise defined in 14 481 CCR Section 18982(a)(65). 482
(ggg) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on 483 September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 484 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing 485 with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 486 establishing methane emissions reduction targets in a Statewide effort to reduce 487 emissions of short-lived climate pollutants as amended, supplemented, 488 superseded, and replaced from time to time. 489
(hhh) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the 490 purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste 491 Reduction regulations developed by CalRecycle and adopted in 2020 that created 492 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR 493 and 27 CCR. Guidance: Throughout the Model, Sections of the SB 1383 494 Regulations are referenced in the format “14 CCR Section XXXX,” or “27 CCR 495 Section XXXX” with the exception of certain cases where a more general reference 496 to “SB 1383 Regulations” was appropriate. “14 CCR” means Title 14 of the 497 California Code of Regulations, and “27 CCR” means Title 27 of the California 498 Code of Regulations. 499
(iii) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or 500 recyclable material he or she has generated to another person. Self-hauler also 501 includes a person who back-hauls waste, or as otherwise defined in 14 CCR 502 Section 18982(a)(66). Back-haul means generating and transporting Organic 503 Waste to a destination owned and operated by the generator using the generator’s 504
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own employees and equipment, or as otherwise defined in 14 CCR Section 505 18982(a)(66)(A). 506
(jjj) “Single-Family” means of, from, or pertaining to any residential premises with fewer 507 than five (5) units. Guidance: Jurisdiction may amend this definition to be 508 consistent with the current definition and the Jurisdiction’s current codes; however, 509 the threshold unit number of five (5) must remain consist with the SB 1383 510 Regulations (refer to Commercial Business definition in 14 CCR Section 511 18982(a)(6), which includes Multi-Family dwellings of five (5) or more units and 512 excludes Multi-Family Residential Dwellings with fewer than five (5) units). 513 (kkk) “Solid Waste” has the same meaning as defined in State Public Resources Code 514 Section 40191, which defines Solid Waste as all putrescible and nonputrescible 515 solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, 516 rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned 517 vehicles and parts thereof, discarded home and industrial appliances, dewatered, 518 treated, or chemically fixed sewage sludge which is not hazardous waste, manure, 519 vegetable or animal solid and semi-solid wastes, and other discarded solid and 520 semisolid wastes, with the exception that Solid Waste does not include any of the 521 following wastes: 522
(1) Hazardous waste, as defined in the State Public Resources Code Section 523 40141. 524
(2) Radioactive waste regulated pursuant to the State Radiation Control Law 525 (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of 526 the State Health and Safety Code). 527
(3) Medical waste regulated pursuant to the State Medical Waste Management 528 Act (Part 14 (commencing with Section 117600) of Division 104 of the State 529 Health and Safety Code). Untreated medical waste shall not be disposed of 530 in a Solid Waste landfill, as defined in State Public Resources Code Section 531 40195.1. Medical waste that has been treated and deemed to be Solid 532 Waste shall be regulated pursuant to Division 30 of the State Public 533 Resources Code. 534
(lll) “Source Separated” means materials, including commingled recyclable materials, 535 that have been separated or kept separate from the Solid Waste stream, at the 536 point of generation, for the purpose of additional sorting or processing those 537 materials for recycling or reuse in order to return them to the economic mainstream 538 in the form of raw material for new, reused, or reconstituted products, which meet 539 the quality standards necessary to be used in the marketplace, or as otherwise 540 defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, 541 Source Separated shall include separation of materials by the generator, property 542 owner, property owner’s employee, property manager, or property manager’s 543 employee into different containers for the purpose of collection such that Source 544 Separated materials are separated from Gray Container Waste/Mixed Waste or 545
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other Solid Waste for the purposes of collection and processing. Guidance: In the 546 preceding sentence, use “Gray Container Waste” for three- and three-plus 547 container systems that prohibit Organic Waste, such as Food Waste, in the Gray 548 Containers; use “Mixed Waste” for two- and one-container systems and three- or 549 three-plus-container systems that allow Organic Waste, such as Food Waste, to 550 be collected in the Gray Container. 551
(mmm) “Source Separated Blue Container Organic Waste” means Source 552 Separated Organic Wastes that can be placed in a Blue Container that is limited 553 to the collection of those Organic Wastes and Non-Organic Recyclables as defined 554 in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). 555 Guidance: This definition is intended to reflect recyclable materials that are 556 considered Organic Waste such as Paper Products and Printing and Writing 557 Paper, and, if permitted by the Jurisdiction to be placed in the Blue Container, 558 wood, dry lumber, and textiles. This definition is only needed for Jurisdictions using 559 three-, three-plus-, or two-container (blue/gray) systems. 560 (nnn) “Source Separated Green Container Organic Waste” means Source Separated 561 Organic Waste that can be placed in a Green Container that is specifically intended 562 for the separate collection of Organic Waste by the generator, excluding Source 563 Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and 564 textiles. Guidance: This definition should only be included for Jurisdictions using a 565 three-, three-plus, or two-container (green/gray) system. This definition is not 566 included in the SB 1383 Regulations. It is provided as a term for materials collected 567 in a Green Container. 568
(ooo) “Source Separated Recyclable Materials” means Source Separated Non-Organic 569 Recyclables and Source Separated Blue Container Organic Waste. Guidance: 570 This definition is only needed for Jurisdictions using three-, three-plus, or two-571 container (blue/gray) systems. This definition is not included in the SB 1383 572 Regulations. It is provided as a term for materials collected in a Blue Container. 573 (ppp) “State” means the State of California. 574
(qqq) “Supermarket” means a full-line, self-service retail store with gross annual sales of 575 two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 576 canned goods, or nonfood items and some perishable items, or as otherwise 577 defined in 14 CCR Section 18982(a)(71). 578
(rrr) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food 579 Generator that is one of the following: 580
(1) Supermarket. 581
(2) Grocery Store with a total facility size equal to or greater than 10,000 square 582 feet. 583
(3) Food Service Provider. 584
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(4) Food Distributor. 585
(5) Wholesale Food Vendor. 586
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible 587 Food Generator differs from this definition, the definition in 14 CCR Section 588 18982(a)(73) shall apply to this ordinance. 589
(sss) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food 590 Generator that is one of the following: 591
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater 592 than 5,000 square feet. 593
(2) Hotel with an on-site Food Facility and 200 or more rooms. 594 (3) Health facility with an on-site Food Facility and 100 or more beds. 595 (4) Large Venue. 596
(5) Large Event. 597
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria 598 facility size equal to or greater than 5,000 square feet. 599 (7) A Local Education Agency facility with an on-site Food Facility. 600 If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible 601 Food Generator differs from this definition, the definition in 14 CCR Section 602 18982(a)(74) shall apply to this ordinance. 603
(ttt) “Uncontainerized Green Waste and Yard Waste Collection Service” or 604 “Uncontainerized Service” means a collection service that collects green waste 605 and yard waste that is placed in a pile or bagged for collection on the street in front 606 of a generator’s house or place of business for collection and transport to a facility 607 that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR 608 Section 189852(a)(75). 609
(uuu) “Wholesale Food Vendor” means a business or establishment engaged in the 610 merchant wholesale distribution of food, where food (including fruits and 611 vegetables) is received, shipped, stored, prepared for distribution to a retailer, 612 warehouse, distributor, or other destination, or as otherwise defined in 14 CCR 613 Section 189852(a)(76). 614
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SECTION 4. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS 615 (STANDARD COMPLIANCE APPROACH) 616
Guidance: Pursuant to the SB 1383 Regulations (14 CCR Section 18984.12), 617 Jurisdictions that are eligible for, apply for, and receive low population, rural, and/or high 618 elevation waivers may exempt Single-Family Organic Waste Generators from some 619 generator requirements as specified in the waiver applied for and granted by CalRecycle. 620 The process for receiving such waivers is described in 14 CCR Section 18984.12. Those 621 Jurisdictions receiving such waivers shall modify the following requirements according to 622 the specifics of the waiver granted. 623
Single-Family Organic Waste Generators shall comply with the following requirements 624 except Single-Family generators that meet the Self-Hauler requirements in Section 12 of 625 this ordinance: Guidance: Include the text highlighted in blue in the preceding sentence if 626 the Jurisdiction allows Single-Family generators to self-haul materials they generate. By 627 virtue of adding this language and requirements on Self-Haulers in Section 12, 628 Jurisdiction is thereby allowing self-hauling, and creating the required enforceable 629 mechanism for self-hauling, as required in 14 CCR Section 18988.1(b). 630 (a) Shall subscribe to Jurisdiction’s Organic Waste collection services for all Organic 631 Waste generated as described below in Section 4(b). Jurisdiction shall have the 632 right to review the number and size of a generator’s containers to evaluate 633 adequacy of capacity provided for each type of collection service for proper 634 separation of materials and containment of materials; and, Single-Family 635 generators shall adjust its service level for its collection services as requested by 636 the Jurisdiction. Generators may additionally manage their Organic Waste by 637 preventing or reducing their Organic Waste, managing Organic Waste on site, 638 and/or using a Community Composting site pursuant to 14 CCR Section 639 18984.9(c). 640
(b) Shall participate in the Jurisdiction’s Organic Waste collection service(s) by placing 641 designated materials in designated containers as described below, and shall not 642 place Prohibited Container Contaminants in collection containers. 643 Guidance: The collection service options are provided below. Jurisdictions are to 644 choose the collection service(s) they are using and delete the options they are not 645 using. For Options 1 and 2 below, Jurisdiction may need to add other streams 646 collected in their program as appropriate (e.g., dual-stream recycling, 647 Uncontainerized Green Waste and Yard Waste Collection Service, and other 648 additional containers as allowed under the SB 1383 Regulations, such as a brown 649 container or brown section of a split container for separated Food Waste, etc.). 650 (1) Option 1: A three- and three-plus-container collection service (Blue 651 Container, Green Container, and Gray Container) (choose Option 1a or 1b) 652 (A) Option 1a: Generator shall place Source Separated Green Container 653 Organic Waste, including Food Waste, in the Green Container; 654
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Source Separated Recyclable Materials in the Blue Container; and 655 Gray Container Waste in the Gray Container. Generators shall not 656 place materials designated for the Gray Container into the Green 657 Container or Blue Container. 658
(B) Option 1b: Generator shall place Source Separated Green Container 659 Organic Waste, except Food Waste, in the Green Container; Source 660 Separated Recyclable Materials in the Blue Container; and Mixed 661 Waste, including Food Waste, in the Gray Container. Generator shall 662 not place materials designated for the Green Containers or Blue 663 Containers in the Gray Containers. 664
(2) Option 2: Two-container collection service (Green Container/Gray 665 Container system or Blue Container/Gray Container system) (choose 666 Option 2a or 2b) 667
(A) Option 2a, Green Container/Gray Container: Generator shall place 668 only Source Separated Green Container Organic Waste in a Green 669 Container. Generator shall place all other materials (Mixed Waste) in 670 a Gray Container. 671
(B) Option 2b, Blue Container/Gray Container: Generator shall place 672 only Source Separated Recyclable Materials in a Blue Container. 673 Generator shall place all other materials (Mixed Waste) in a Gray 674 Container. 675
(3) Option 3: An unsegregated single container (one-container) collection 676 service 677
(A) Generator shall place all materials (Mixed Waste) in a Gray 678 Container. 679
SECTION 5. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS 680 (PERFORMANCE-BASED COMPLIANCE APPROACH) 681
Guidance: Note that the regulations do not require Jurisdictions using a Performance-682 Based Compliance Approach to include the following items in their ordinance: the 683 regulation of haulers and Self-Haulers; the generator waivers for physical space, di 684 minimis volumes, and collection frequency; and the enforcement provisions with the 685 exception of enforcement related to Edible Food generators and Food Recovery 686 Organizations and services. There are other regulatory requirements that the Jurisdiction 687 would also be exempt from related to CalRecycle requirements on the Jurisdiction itself 688 (e.g., certain recordkeeping, education, container labeling, outreach, and reporting 689 requirements) that are not intended to be addressed by this ordinance that can be found 690 in 14 CCR Section 18998.2. 691
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Pursuant to SB 1383 Regulations (14 CCR Section 18984.12), Jurisdictions that are 692 eligible for, apply for, and receive low population, rural, and/or high elevation waivers may 693 exempt Single-Family Organic Waste Generators from some generator requirements as 694 specified in the waiver applied for and granted by CalRecycle, provided that the 695 Jurisdiction meets the ninety (90%) participation requirements in the areas not subject to 696 the waiver(s). The process for receiving such waivers is described in 14 CCR Section 697 18984.12. Those Jurisdictions receiving such waivers shall modify the following 698 requirements, if needed, according to the specifics of the waiver granted. 699 Single-Family Organic Waste Generators except Single-Family generators that meet the 700 Self-Hauler requirements in Section 12 of this ordinance: Guidance: Include the text 701 highlighted in blue in the preceding sentence if the Jurisdiction allows Single-Family 702 generators to self-haul materials they generate. By virtue of adding this language and 703 requirements on Self-Haulers in Section 12, Jurisdiction is thereby allowing self-hauling, 704 and creating the required enforceable mechanism for self-hauling, as required in 14 CCR, 705 Section 18988.1(b). 706
(a) Shall be automatically enrolled in the Jurisdiction’s three-container Organic Waste 707 collection services with a minimum Source Separated Recyclable Materials 708 service level of _______ gallons per week (Jurisdiction to insert minimum required 709 service level), and with a minimum Source Separated Green Container Organic 710 Waste service level of _______ gallons per week (Jurisdiction to insert minimum 711 required service level), approved by the ___________ (Jurisdiction to insert solid 712 waste manager, public works director or other authorized entity). Jurisdiction shall 713 have the authority to change this minimum required levels of service over time. 714 Jurisdiction shall have the right to review the number, size, and location of a 715 generator’s containers to evaluate adequacy of capacity provided for each type of 716 collection service for proper separation of materials and containment of materials; 717 and, generator shall adjust its service level for its collection services as requested 718 by the Jurisdiction. 719
Guidance: In subsection (a) above, auto enrollment means that Single-Family 720 generators will be subscribed to Organic Waste collection service as determined 721 to be appropriate by the Jurisdiction. Such service provision will not be optional 722 and shall be provided to all generators. This will help the Jurisdiction meet the 723 Performance-Based Compliance Approach requirement that such service shall be 724 provided without requiring businesses or residents to request it prior to enrollment 725 pursuant to 14 CCR Section 18998.1(a)(4). 726
(b) Shall participate in the Jurisdiction’s three-container system for Source Separated 727 Recyclable Materials, Source Separated Green Container organic materials, and 728 Gray Container Waste collection services. Generator participation in the collection 729 programs requires that generators place Source Separated Green Container 730 Organic Waste, including Food Waste, in the Green Container; Source Separated 731 Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray 732 Container. Generators shall not place materials designated for the Gray Container 733 into the Green Container or Blue Container. 734
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(c) Nothing in this Section prohibits a generator from preventing or reducing waste 735 generation, managing Organic Waste on site, and/or using a Community 736 Composting site pursuant to 14 CCR Section 18984.9(c). 737 SECTION 6. REQUIREMENTS FOR COMMERCIAL BUSINESSES 738
(STANDARD-COMPLIANCE APPROACH) 739
Guidance: Jurisdictions using a Standard Compliance Approach and a three-, three-plus, 740 or two-container collection service shall include this Section. Note that Commercial 741 Businesses by the definition in the SB 1383 Regulations and the definition provided in 742 this Model Ordinance includes Multi-Family Residential Dwellings of five (5) and more 743 units. 744
Pursuant to SB 1383 Regulations (14 CCR Section 18984.12), Jurisdictions that are 745 eligible for, apply for, and receive low population, rural and/or high elevation waivers may 746 exempt Commercial Businesses and owners (including Multi-Family) from some 747 generator requirements as specified in the waiver applied for and granted by CalRecycle. 748 Those Jurisdictions receiving such waivers shall modify the following requirements 749 according to the specifics of the waiver granted. 750
While waivers for low-population areas and high-elevation areas waiver some SB 1383 751 regulatory requirements for generators and Jurisdictions, AB 341 and AB 1826 752 requirements apply for Commercial Businesses that are covered by AB 341 and AB 1826 753 and located in these areas. As a result, Jurisdictions with these waivers may need to this 754 Section to require Commercial Businesses that are covered by AB 341 and AB 1826 and 755 located in these areas to comply with AB 341 and AB 1826 requirements in alignment 756 with the Jurisdiction’s AB 341 Commercial recycling program and AB 1826 Organic Waste 757 recycling programs. 758
Generators that are Commercial Businesses, including Multi-Family Residential 759 Dwellings, shall: 760
(a) Subscribe to Jurisdiction’s three-, three-plus, two-, or one-container collection 761 services and comply with requirements of those services as described below in 762 Section 6(b), except Commercial Businesses that meet the Self-Hauler 763 requirements in Section 12 of this ordinance. Guidance: Refer to Section 4 for 764 guidance on inclusion of the preceding Self-Hauler option. Jurisdiction shall have 765 the right to review the number and size of a generator’s containers and frequency 766 of collection to evaluate adequacy of capacity provided for each type of collection 767 service for proper separation of materials and containment of materials; and, 768 Commercial Businesses shall adjust their service level for their collection services 769 as requested by the Jurisdiction. 770
(b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 771 12 of this ordinance, participate in the Jurisdiction’s Organic Waste collection 772
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service(s) by placing designated materials in designated containers as described 773 below. 774
Guidance: The collection service options are provided below. Jurisdictions are to 775 choose the collection service(s) they are using and delete the options they are not 776 using. For Options 1 and 2 below, Jurisdiction may need to add other streams 777 collected in their program as appropriate (e.g., dual-stream recycling, 778 Uncontainerized Green Waste and Yard Waste Collection Service, and other 779 additional containers as allowed under the SB 1383 Regulations, such as a brown 780 container or brown section of a split container for separated Food Waste, etc.). 781 (1) Option 1: A three- and three-plus-container collection service (Blue 782 Container, Green Container, and Gray Container) (choose Option 1a or 1b) 783 (A) Option 1a: Generator shall place Source Separated Green Container 784 Organic Waste, including Food Waste, in the Green Container; 785 Source Separated Recyclable Materials in the Blue Container; and 786 Gray Container Waste in the Gray Container. Generator shall not 787 place materials designated for the Gray Container into the Green 788 Container or Blue Container. 789
(B) Option 1b: Generator shall place Source Separated Green Container 790 Organic Waste, except Food Waste, in the Green Container; Source 791 Separated Recyclable Materials in the Blue Container; and Mixed 792 Waste, including Food Waste, in the Gray Container. Generator shall 793 not place materials designated for the Green Containers or Blue 794 Containers in the Gray Containers. 795
(2) Option 2: Two-container collection service (Green Container/Gray 796 Container system or Blue Container/Gray Container system) (choose 797 Option 2a or 2b) 798
(A) Option 2a, Green Container/Gray Containers: Generator shall place 799 only Source Separated Green Container Organic Waste in a Green 800 Container. Generator shall place all other materials (Mixed Waste) 801 in a Gray Container. 802
(B) Option 2b, Blue Container/Gray Containers: Generator shall place 803 only Source Separated Recyclable Materials in a Blue Container. 804 Generator shall place all other materials (Mixed Waste) in a Gray 805 Container. 806
(3) Option 3: An unsegregated single container (one-container) collection 807 service 808
(A) Generator shall place all materials (Mixed Waste) in a Gray 809 Container. 810
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(c) Supply and allow access to adequate number, size and location of collection 811 containers with sufficient labels or colors (conforming with Sections 6(d)(1) and 812 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with 813 Jurisdiction’s Blue Container, Green Container, and Gray Container collection 814 service or, if self-hauling, per the Commercial Businesses’ instructions to support 815 its compliance with its self-haul program, in accordance with Section 12. Guidance: 816 For Jurisdictions using a two-container system, delete Blue Container or Green 817 Container as applicable from the first sentence. Jurisdictions using a one-container 818 system may delete this subsection. 819
(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection 820 of Source Separated Green Container Organic Waste and Source Separated 821 Recyclable Materials in all indoor and outdoor areas where disposal containers are 822 provided for customers, for materials generated by that business. Guidance: For 823 Jurisdictions using a two-container system, delete “Source Separated Green 824 Container Organic Waste” or “Source Separated Recyclable Materials” as 825 applicable. Jurisdictions using a one-container system may delete this subsection. 826 Such containers do not need to be provided in restrooms. If a Commercial 827 Business does not generate any of the materials that would be collected in one 828 type of container, then the business does not have to provide that particular 829 container in all areas where disposal containers are provided for customers. 830 Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business 831 shall have either: 832
(1) A body or lid that conforms with the container colors provided through the 833 collection service provided by Jurisdiction, with either lids conforming to the 834 color requirements or bodies conforming to the color requirements or both 835 lids and bodies conforming to color requirements. A Commercial Business 836 is not required to replace functional containers, including containers 837 purchased prior to January 1, 2022, that do not comply with the 838 requirements of the subsection prior to the end of the useful life of those 839 containers, or prior to January 1, 2036, whichever comes first. 840 (2) Container labels that include language or graphic images, or both, indicating 841 the primary material accepted and the primary materials prohibited in that 842 container, or containers with imprinted text or graphic images that indicate 843 the primary materials accepted and primary materials prohibited in the 844 container. Pursuant 14 CCR Section 18984.8, the container labeling 845 requirements are required on new containers commencing January 1, 2022. 846 (e) Multi-Family Residential Dwellings are not required to comply with container 847 placement requirements or labeling requirement in Section 6(d) pursuant to 14 848 CCR Section 18984.9(b). Guidance: Jurisdictions using a one-container system 849 may delete this subsection 850
(f) To the extent practical through education, training, Inspection, and/or other 851 measures, excluding Multi-Family Residential Dwellings, prohibit employees from 852
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placing materials in a container not designated for those materials per the 853 Jurisdiction’s Blue Container, Green Container, and Gray Container collection 854 service or, if self-hauling, per the Commercial Businesses’ instructions to support 855 its compliance with its self-haul program, in accordance with Section 12. 856 Guidance: Jurisdictions using a one-container system may delete this subsection 857 (g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, 858 Green Containers, and Gray Containers for contamination and inform employees 859 if containers are contaminated and of the requirements to keep contaminants out 860 of those containers pursuant to 14 CCR Section 18984.9(b)(3). Guidance: For 861 Jurisdictions using a two-container system, delete Blue Container or Green 862 Container, as applicable. Jurisdictions using a one-container system may delete 863 this subsection. 864
Guidance: In the above subsection (g), Jurisdictions may wish to specify a 865 frequency upon which business owners shall inspect containers for contamination 866 such as quarterly, twice annually, or annually instead of periodically, but this 867 specified frequency is not required by the SB 1383 Regulations. 868 (h) Annually provide information to employees, contractors, tenants, and customers 869 about Organic Waste Recovery requirements and about proper sorting of Source 870 Separated Green Container Organic Waste and Source Separated Recyclable 871 Materials. Guidance: For Jurisdictions using a two-container system, delete 872 Source Separated Green Container Organic Waste or Source Separated 873 Recyclable Materials, as applicable. Jurisdictions using a one-container system 874 may delete this subsection. 875
(i) Provide education information before or within fourteen (14) days of occupation of 876 the premises to new tenants that describes requirements to keep Source 877 Separated Green Container Organic Waste and Source Separated Recyclable 878 Materials separate from Gray Container Waste (when applicable) and the location 879 of containers and the rules governing their use at each property. Guidance: For 880 Jurisdictions using a two-container system, delete Source Separated Green 881 Container Organic Waste or Source Separated Recyclable Materials, as 882 applicable. For two-container system and three- and three-plus container systems 883 that allow for Organic Waste, such as Food Waste, to be collected it the Gray 884 Container, replace Gray Container Waste with Mixed Waste. Jurisdictions using a 885 one-container system may delete this subsection. 886
(j) Provide or arrange access for Jurisdiction or its agent to their properties during all 887 Inspections conducted in accordance with Section 16 of this ordinance to confirm 888 compliance with the requirements of this ordinance. 889 (k) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for 890 Inspection of the contents of containers for Prohibited Container Contaminants, 891 which may be implemented at a later date, to evaluate generator’s compliance with 892 Section 6(b). The Remote Monitoring program shall involve installation of Remote 893
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Monitoring equipment on or in the Blue Containers, Green Containers, and Gray 894 Containers. Guidance: This subsection is an optional provision. It is not required 895 by the SB 1383 Regulations. Jurisdictions may include this if they choose to use a 896 Remote Monitoring system to monitor for Prohibited Container Contaminants to 897 support their compliance with 14 CCR Section 18984.5, Container Contamination 898 minimization requirements. Jurisdictions granting collection frequency waivers 899 may choose to require Remote Monitoring for generators granting such waivers. 900 For Jurisdictions using a two- container system, delete Blue Container or Green 901 Container as applicable from the first sentence. For Jurisdictions using a one-902 container system, delete this subsection. 903
(l) At Commercial Business’s option and subject to any approval required from the 904 Jurisdiction, implement a Remote Monitoring program for Inspection of the 905 contents of its Blue Containers, Green Containers, and Gray Containers for the 906 purpose of monitoring the contents of containers to determine appropriate levels 907 of service and to identify Prohibited Container Contaminants. Generators may 908 install Remote Monitoring devices on or in the Blue Containers, Green Containers, 909 and Gray Containers subject to written notification to or approval by the Jurisdiction 910 or its Designee. Guidance: This subsection is an optional provision. It is not 911 required by the SB 1383 Regulations. It is provided to address scenarios in which 912 Commercial Businesses want to implement their own Remote Monitoring systems, 913 which involves installation of equipment on containers owned by the Jurisdiction 914 or its hauler. Commercial Businesses may want to implement the Remote 915 Monitoring system to monitor their compliance with 14 CCR Section 18984.9. For 916 Jurisdictions using a two- container system, delete Blue Container or Green 917 Container as applicable from the first sentence. 918
(m) If a Commercial Business wants to self haul, meet the Self-Hauler requirements in 919 Section 12 of this ordinance. 920
(n) Nothing in this Section prohibits a generator from preventing or reducing waste 921 generation, managing Organic Waste on site, or using a Community Composting 922 site pursuant to 14 CCR Section 18984.9(c). 923
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food 924 Generators shall comply with Food Recovery requirements, pursuant to Section 9. 925 SECTION 7. REQUIREMENTS FOR COMMERCIAL BUSINESSES 926
(PERFORMANCE-BASED COMPLIANCE APPROACH) 927
Guidance: Jurisdictions using a Performance-Based Compliance Approach with a three-928 container collection service shall include this Section. Note that Commercial Business by 929 the definition in the SB 1383 Regulations and the definition provided in this Model 930 Ordinance includes Multi-Family Residential Dwellings of five (5) and more units. Under 931 a Performance-Based Compliance Approach, businesses must be automatically enrolled 932 in the Jurisdiction’s three-container Organic Waste collection service, as opposed to 933
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requesting service. Auto enrollment means that Commercial generators will be 934 subscribed to Organic Waste collection service as determined to be appropriate by the 935 Jurisdiction. Such service provision will not be optional and shall be provided to all 936 generators. Pursuant to 14 CCR Section 18998.1(a)(1), at least ninety percent (90%) of 937 Commercial Businesses and ninety percent (90%) of the residential sector subject to a 938 Jurisdiction’s authority must be provided with three-container Organic Waste collection 939 service for a Jurisdiction to use the Performance-Based Compliance Approach. 940 Pursuant to SB 1383 Regulations (14 CCR Section 18984.12), Jurisdictions that are 941 eligible for, apply for, and receive low population, rural and/or high elevation waivers may 942 exempt Commercial Businesses and owners (including Multi-Family) from some 943 generator requirements as specified in the waiver applied for and granted by CalRecycle, 944 provided that the Jurisdiction meets the ninety percent (90%) participation requirements 945 in the areas not subject to the waiver(s). Those Jurisdictions receiving such waivers shall 946 modify the following requirements, if needed, according to the specifics of the waiver 947 granted. 948
While waivers for low-population areas and high-elevation areas waiver some SB 1383 949 regulatory requirements for generators and Jurisdictions, AB 341 and AB 1826 950 requirements apply for Commercial Businesses that are covered by AB 341 and AB 1826 951 and located in these areas. As a result, Jurisdictions with these waivers may need to this 952 Section to require Commercial Businesses that are covered by AB 341 and AB 1826 and 953 located in these areas to comply with AB 341 and AB 1826 requirements in alignment 954 with the Jurisdiction’s AB 341 Commercial recycling program and AB 1826 Organic Waste 955 recycling programs. 956
Commercial Businesses, which includes Multi-Family Residential Dwellings, shall: 957 (a) Except Commercial Businesses that meet the Self-Hauler requirements in Section 958 12 of this ordinance, be automatically enrolled in the Jurisdiction’s three-container 959 Organic Waste collection services with a Source Separated Recyclable Materials 960 service level of _______ (Jurisdiction to insert minimum required service level, 961 which could be a specified number of gallons or cubic yards of weekly service, a 962 level equal to the garbage service level, or other basis), and with a Source 963 Separated Green Container Organic Waste service level of ________ (Jurisdiction 964 to insert minimum required service level, which could be a specified number of 965 gallons or cubic yards of weekly service, a level equal to the garbage service level, 966 or other basis), approved by the ________ (Jurisdiction to insert solid waste 967 manager, public works director or other authorized entity). Jurisdiction shall have 968 the authority to change the minimum required service levels over time. The 969 Commercial Business’ Source Separated Recyclable Materials service level and 970 Source Separated Green Container Organic Waste service level must be sufficient 971 for the amount of Source Separated Recyclable Materials and Source Separated 972 Green Container Organic Waste generated by the Commercial Business. 973 Jurisdiction shall have the right to review the number, size, and location of a 974 generator’s containers and frequency of collection to evaluate adequacy of 975 capacity provided for each type of collection service for proper separation of 976
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materials and containment of materials; and, Commercial Business shall adjust its 977 service level for its collection services as requested by the Jurisdiction. 978 Guidance: In subsection (a) above, auto enrollment means that Multi-Family and 979 Commercial generators will be subscribed to Organic Waste collection service as 980 determined to be appropriate by the Jurisdiction. Such service provision will not 981 be optional and shall be provided to all generators. This will help the Jurisdiction 982 meet the Performance-Based Compliance Approach requirement that such 983 service shall be provided without requiring businesses or residents to request it 984 prior to enrollment pursuant to 14 CCR Section 18998.1(a)(4). 985 (b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 986 12 of this ordinance, participate in and comply with the Jurisdiction’s three-987 container (Blue Container, Green Container, and Gray Container) collection 988 service by placing designated materials in designated containers as described 989 below. Generator shall place Source Separated Green Container Organic Waste, 990 including Food Waste, in the Green Container; Source Separated Recyclable 991 Materials in the Blue Container; and Gray Container Waste in the Gray Container. 992 Generators shall not place materials designated for the Gray Container into the 993 Green Container or Blue Container. 994
(c) Supply and allow access to adequate number, size, and location of collection 995 containers with sufficient labels or colors (conforming with Section 7(d)(1) and 996 7(d)(2) below), for employees, contractors, tenants and customers, consistent with 997 Jurisdiction’s Blue Container, Green Container, and Gray Container collection 998 service. 999
(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection 1000 of Source Separated Green Container Organic Waste, and Source Separated 1001 Recyclable Materials in all indoor and outdoor areas where disposal containers are 1002 provided for customers, for materials generated by that business. Such containers 1003 do not need to be provided in restrooms. If a Commercial Business does not 1004 generate any of the materials that would be collected in one type of container, then 1005 the business does not have to provide that particular container in all areas where 1006 disposal containers are provided for customers. Pursuant to 14 CCR Section 1007 18984.9(b), the containers provided by the business shall have either: 1008 (1) A body or lid that conforms with the container colors provided through the 1009 collection service provided by Jurisdiction, with either lids conforming to the 1010 color requirements or bodies conforming to the color requirements or both 1011 lids and bodies conforming to color requirements. A Commercial Business 1012 is not required to replace functional containers, including containers 1013 purchased prior to January 1, 2022, that do not comply with the 1014 requirements of the subsection prior to the end of the useful life of those 1015 containers, or prior to January 1, 2036, whichever comes first. 1016
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(2) Container labels that include language or graphic images or both indicating 1017 the primary material accepted and the primary materials prohibited in that 1018 container or containers with imprinted text or graphic images that indicate 1019 the primary materials accepted and primary materials prohibited in the 1020 container. Pursuant 14 CCR Section 18984.8, the container labels are 1021 required on new containers commencing January 1, 2022. 1022 (e) Excluding Multi-Family Residential Dwellings, prohibit employees from placing 1023 materials in a container not designated for those materials per the Jurisdiction’s 1024 Organic Waste, Non-Organic Recyclables, and non-Organic Waste collection 1025 service to the extent practical through education, training, Inspection, and/or other 1026 measures. 1027
(f) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Container, 1028 Green Container, and Gray Containers for contamination and inform employees if 1029 containers are contaminated and of the requirements to keep contaminants out of 1030 those containers pursuant to 14 CCR Section 18984.9(b)(3). 1031 Guidance: In subsection (g) above, Jurisdictions may wish to specify a frequency 1032 upon which business owners shall inspect containers for contamination such as 1033 quarterly, twice annually, or annually instead of periodically, but this specified 1034 frequency is not required by the SB 1383 Regulations. 1035 (g) Annually provide information to employees, contractors, tenants, and customers 1036 about Organic Waste Recovery requirements and about proper sorting of Source 1037 Separated Green Container Organic Waste and Source Separated Recyclable 1038 Materials. 1039
(h) Provide education information before or within fourteen (14) days of occupation of 1040 the premises to new tenants that describes requirements to keep Source 1041 Separated Green Container Organic Waste and Source Separated Recyclable 1042 Materials separate from Gray Container Waste (when applicable) and the location 1043 of containers and the rules governing their use at each property. 1044 (i) Provide or arrange access for Jurisdiction or its agent to their properties during all 1045 Inspections conducted in accordance with Section 16 of this ordinance to confirm 1046 compliance with the requirements of this Ordinance. 1047 (j) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for 1048 Inspection of the contents of containers for Prohibited Container Contaminants, 1049 which may be implemented at a later date, to evaluate generator’s compliance with 1050 Section 6(b). The Remote Monitoring program shall involve installation of Remote 1051 Monitoring equipment on or in the Blue Containers, Green Containers, and Gray 1052 Containers. Guidance: This subsection is an optional provision. It is not required 1053 by the SB 1383 Regulations. Jurisdictions may include this if they choose to use a 1054 Remote Monitoring system to monitor for Prohibited Container Contaminants to 1055 support their compliance with 14 CCR Section 18984.5, Container Contamination 1056
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minimization requirements. Jurisdictions granting collection frequency waivers 1057 may choose to require Remote Monitoring for generators granting such waivers. 1058 For Jurisdictions using a two- container system, delete Blue Container or Green 1059 Container as applicable from the first sentence. For Jurisdictions using a one-1060 container system, delete this subsection. 1061
(k) At Commercial Business’ option and subject to any approval required from the 1062 Jurisdiction, implement a Remote Monitoring program for Inspection of the 1063 contents of its Blue Containers, Green Containers, and Gray Containers for the 1064 purpose of monitoring the contents of containers to determine appropriate levels 1065 of service and to identify Prohibited Container Contaminants. Generators may 1066 install Remote Monitoring devices on or in the Blue Containers, Green Containers, 1067 and Gray Containers subject to written notification to or approval by the Jurisdiction 1068 or its Designee. Guidance: This subsection is an optional provision. It is not 1069 required by the SB 1383 Regulations. It is provided to address scenarios in which 1070 Commercial Businesses want to implement their own Remote Monitoring systems, 1071 which involves installation of equipment on containers owned by the Jurisdiction 1072 or its hauler. Commercial Businesses may want to implement the Remote 1073 Monitoring system to monitor their compliance with 14 CCR Section 18984.9. For 1074 Jurisdictions using a two- container system, delete Blue Container or Green 1075 Container as applicable from the first sentence. 1076
(l) If a Commercial Business wants to self haul, meet the Self-Hauler requirements in 1077 Section 12 of this ordinance. 1078
(m) Nothing in this Section prohibits a generator from preventing or reducing waste 1079 generation, managing Organic Waste on site, or using a Community Composting 1080 site pursuant to 14 CCR Section 18984.9(c). 1081
(n) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food 1082 Generators shall comply with Food Recovery requirements, pursuant to Section 9. 1083 SECTION 8. WAIVERS FOR GENERATORS 1084
Guidance: Pursuant to 14 CCR Section 18984.11, the SB 1383 Regulations allow 1085 Jurisdictions, at their option, to grant waivers to generators for physical space limitations, 1086 de minimis volumes, and/or collection frequency waivers. These waivers are applicable 1087 only to three-, three-plus, and two-container systems and are optional for Jurisdictions 1088 using either the Standard Compliance Approach or the Performance-Based Compliance 1089 Approach. This Section 8 of the Model Ordinance focuses on the requirements that must 1090 be met by Organic Waste Generators or businesses applying to the Jurisdiction for 1091 physical space, de minimis, and collection frequency waivers. Other waivers covered in 1092 14 CCR Section 18984.12, including low population, rural, and high elevation can only be 1093 applied for by the Jurisdiction to CalRecycle and are not covered herein. 1094
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Jurisdictions using the Performance-Based Compliance Approach may issue waivers at 1095 their discretion provided that the minimum ninety percent (90%) Commercial and ninety 1096 percent (90%) residential collection program participation levels are met. Jurisdictions 1097 using the Performance-Based Compliance Approach are not subject to the recordkeeping 1098 requirements for documentation evidencing the need for such waivers to CalRecycle 1099 pursuant to 14 CCR Section 18998.2(a)(7), as provided in this Section or the reporting 1100 requirement on the number and type of waivers issued. 1101 Jurisdictions may choose to include one or more of the three options presented below (de 1102 minimis, physical space, and collection frequency waivers), or any combination thereof, 1103 if Jurisdiction chooses to allow such waivers. Jurisdictions that choose not to a specific 1104 type of waiver shall omit provisions below applicable to that waiver. 1105 For Jurisdictions with low-population area and/or high-elevation area waivers, it is 1106 important to recognize that the SB 1383 waivers are different than the waivers allowed 1107 under AB 341 and AB 1826. As a result, Jurisdictions with low-population area and/or 1108 high-elevation area waiver(s) that choose to offer waivers to Commercial Businesses that 1109 are covered by AB 341 and/or AB 1826 and located in these areas may need to include 1110 a separate section that describes the waivers for these generators. 1111 (a) De Minimis Waivers (Optional for Three-, Three-Plus, and Two-Container Systems 1112 per 14 CCR Section 18984.11). Guidance: Pursuant to 14 CCR Section 1113 18984.11(a)(1), the SB 1383 Regulations limit de minimis waivers to Commercial 1114 Businesses as reflected in this language. A Jurisdiction may waive a Commercial 1115 Business’ obligation (including Multi-Family Residential Dwellings) to comply with 1116 some or all of the Organic Waste requirements of this ordinance if the Commercial 1117 Business provides documentation that the business generates below a certain 1118 amount of Organic Waste material as described in Section 8(a)(2) below. 1119 Commercial Businesses requesting a de minimis waiver shall: 1120 (1) Submit an application specifying the services that they are requesting a 1121 waiver from and provide documentation as noted in Section 8(a)(2) below. 1122 (2) Provide documentation that either: 1123
(A) The Commercial Business’ total Solid Waste collection service is two 1124 cubic yards or more per week and Organic Waste subject to 1125 collection in a Blue Container or Green Container comprises less 1126 than 20 gallons per week per applicable container of the business’ 1127 total waste; or, 1128
(B) The Commercial Business’ total Solid Waste collection service is less 1129 than two cubic yards per week and Organic Waste subject to 1130 collection in a Blue Container or Green Container comprises less 1131 than 10 gallons per week per applicable container of the business’ 1132 total waste. 1133
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(3) Notify Jurisdiction if circumstances change such that Commercial 1134 Business’s Organic Waste exceeds threshold required for waiver, in which 1135 case waiver will be rescinded. 1136
(4) Provide written verification of eligibility for de minimis waiver every 5 years, 1137 if Jurisdiction has approved de minimis waiver. 1138
(b) Physical Space Waivers (Optional for Three-, Three-Plus, and Two-Container 1139 Systems) Guidance: Pursuant to 14 CCR Section 18984.11(a)(1), SB 1383 1140 Regulations limit de minimis waivers to Commercial Businesses as reflected in this 1141 language. Jurisdiction may waive a Commercial Business’ or property owner’s 1142 obligations (including Multi-Family Residential Dwellings) to comply with some or 1143 all of the recyclable materials and/or Organic Waste collection service 1144 requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed 1145 architect, or licensed engineer demonstrating that the premises lacks adequate 1146 space for the collection containers required for compliance with the Organic Waste 1147 collection requirements of Section 6 or 7. 1148
A Commercial Business or property owner may request a physical space waiver 1149 through the following process: 1150
(1) Submit an application form specifying the type(s) of collection services for 1151 which they are requesting a compliance waiver. 1152
(2) Provide documentation that the premises lacks adequate space for Blue 1153 Containers and/or Green Containers including documentation from its 1154 hauler, licensed architect, or licensed engineer. Guidance: For Jurisdictions 1155 using a two-container system, delete Blue Container or Green Container, 1156 as applicable. 1157
(3) Provide written verification to Jurisdiction that it is still eligible for physical 1158 space waiver every five years, if Jurisdiction has approved application for a 1159 physical space waiver. 1160
(c) Collection Frequency Waiver (Optional for Three-, Three-Plus, and Two-Container 1161 Systems) Guidance: Include Section 8(c) only if Jurisdiction offers waivers for less-1162 than-weekly Gray Container and/or Blue Container collection service (meeting the 1163 requirements in 14 CCR Section 18984.11 3(A)1) to Single-Family or Commercial 1164 Business owners or tenants subscribing to a two-, three-, or three-plus container 1165 collection service. Jurisdiction to indicate below whether their collection service is 1166 a two-, three-, or three-plus-container system, and specify whether these waivers 1167 are available for the Blue Container, Gray Container, or both, as appropriate for 1168 the collection system.. Jurisdiction, at its discretion and in accordance with 14 CCR 1169 Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, 1170 business establishment or industry that subscribes to the Jurisdiction’s three-, 1171 three-plus, or two-container Organic Waste collection service to arrange for the 1172
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collection of their Blue Container, Gray Container, or both once every fourteen 1173 days, rather than once per week. 1174
(d) Review and Approval of Waivers by Jurisdiction (Optional) 1175 Guidance: At its option, Jurisdictions may wish to include a provision that identifies 1176 which staff person or department will be responsible for review and approval of 1177 waivers. Note that Jurisdictions’ authority to issue a waiver cannot be delegated to 1178 a private entity pursuant to the SB 1383 Regulations (14 CCR Section 1179 18984.11(c)). 1180
SECTION 9. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD 1181 GENERATORS 1182
(a) Tier One Commercial Edible Food Generators must comply with the requirements 1183 of this Section 9 commencing January 1, 2022, and Tier Two Commercial Edible 1184 Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR 1185 Section 18991.3. 1186
(b) Large Venue or Large Event operators not providing food services, but allowing 1187 for food to be provided by others, shall require Food Facilities operating at the 1188 Large Venue or Large Event to comply with the requirements of this Section, 1189 commencing January 1, 2024. 1190
(c) Commercial Edible Food Generators shall comply with the following requirements: 1191 (1) Arrange to recover the maximum amount of Edible Food that would 1192 otherwise be disposed. 1193
(2) Contract with, or enter into a written agreement with Food Recovery 1194 Organizations or Food Recovery Services for: (i) the collection of Edible 1195 Food for Food Recovery; or, (ii) acceptance of the Edible Food that the 1196 Commercial Edible Food Generator self-hauls to the Food Recovery 1197 Organization for Food Recovery. 1198
(3) Shall not intentionally spoil Edible Food that is capable of being recovered 1199 by a Food Recovery Organization or a Food Recovery Service. 1200 (4) Allow Jurisdiction’s designated enforcement entity or designated third party 1201 enforcement entity to access the premises and review records pursuant to 1202 14 CCR Section 18991.4. 1203
(5) Keep records that include the following information, or as otherwise 1204 specified in 14 CCR Section 18991.4: 1205
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(A) A list of each Food Recovery Service or organization that collects or 1206 receives its Edible Food pursuant to a contract or written agreement 1207 established under 14 CCR Section 18991.3(b). 1208
(B) A copy of all contracts or written agreements established under 14 1209 CCR Section 18991.3(b). 1210
(C) A record of the following information for each of those Food Recovery 1211 Services or Food Recovery Organizations: 1212
(i) The name, address and contact information of the Food 1213 Recovery Service or Food Recovery Organization. 1214
(ii) The types of food that will be collected by or self-hauled to the 1215 Food Recovery Service or Food Recovery Organization. 1216 (iii) The established frequency that food will be collected or self-1217 hauled. 1218
(iv) The quantity of food, measured in pounds recovered per 1219 month, collected or self-hauled to a Food Recovery Service or 1220 Food Recovery Organization for Food Recovery. 1221
(6) (Optional) No later than ________ of each year (Jurisdiction to insert date) 1222 commencing no later than ________ for Tier One Commercial Edible Food 1223 Generators and ________ for Tier Two Commercial Edible Food 1224 Generators (Jurisdiction to insert dates), provide an annual Food Recovery 1225 report to the Jurisdiction that includes the following information: ________. 1226 Guidance: While the SB 1383 Regulations do not require reporting by 1227 Commercial Edible Food Generators, Jurisdictions may want to consider 1228 adding this optional requirement that generators submit records of their 1229 contracts or written agreements and Food Recovery activities annually to 1230 monitor Commercial Edible Food Generator compliance and gather 1231 information for capacity planning purposes. While it is also not required, 1232 Jurisdictions may want to require reporting on the amount and type of Edible 1233 Food that was not accepted by Food Recovery Organizations or services 1234 for donation. 1235
(d) Nothing in this ordinance shall be construed to limit or conflict with the protections 1236 provided by the California Good Samaritan Food Donation Act of 2017, the Federal 1237 Good Samaritan Act, or share table and school food donation guidance pursuant 1238 to Senate Bill 557 of 2017 (approved by the Governor of the State of California on 1239 September 25, 2017, which added Article 13 [commencing with Section 49580] to 1240 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend 1241 Section 114079 of the Health and Safety Code, relating to food safety, as 1242 amended, supplemented, superseded and replaced from time to time). 1243
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SECTION 10. REQUIREMENTS FOR FOOD RECOVERY 1244
ORGANIZATIONS AND SERVICES, JURISDICTIONS, AND REGIONAL 1245 AGENCIES 1246
Guidance: The inclusion of “Jurisdictions and Regional Agencies” in the title of this 1247 Section 10 is specific to County ordinances in reference to the Food Recovery capacity 1248 planning requirements specified in subsection 10(e) below. Remove this part of the title if 1249 Jurisdiction is not drafting a County ordinance, or modify the title to remove “Regional 1250 Agencies” if no such agencies operate within the County. 1251 (a) Food Recovery Services collecting or receiving Edible Food directly from 1252 Commercial Edible Food Generators, via a contract or written agreement 1253 established under 14 CCR Section 18991.3(b), shall maintain the following 1254 records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 1255 (1) The name, address, and contact information for each Commercial Edible 1256 Food Generator from which the service collects Edible Food. 1257 (2) The quantity in pounds of Edible Food collected from each Commercial 1258 Edible Food Generator per month. 1259
(3) The quantity in pounds of Edible Food transported to each Food Recovery 1260 Organization per month. 1261
(4) The name, address, and contact information for each Food Recovery 1262 Organization that the Food Recovery Service transports Edible Food to for 1263 Food Recovery. 1264
(b) Food Recovery Organizations collecting or receiving Edible Food directly from 1265 Commercial Edible Food Generators, via a contract or written agreement 1266 established under 14 CCR Section 18991.3(b), shall maintain the following 1267 records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1268 (1) The name, address, and contact information for each Commercial Edible 1269 Food Generator from which the organization receives Edible Food. 1270 (2) The quantity in pounds of Edible Food received from each Commercial 1271 Edible Food Generator per month. 1272
(3) The name, address, and contact information for each Food Recovery 1273 Service that the organization receives Edible Food from for Food Recovery. 1274 (c) (Optional provision) Food Recovery Organizations and Food Recovery Services 1275 shall inform generators about California and Federal Good Samaritan Food 1276 Donation Act protection in written communications, such as in their contract or 1277 agreement established under 14 CCR Section 18991.3(b). Guidance: This Section 1278 10(c) provides information about Good Samaritan protections. This is not required 1279
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by SB 1383 Regulations, but the California Good Samaritan Food Act requires 1280 Environmental Health Department inspectors to promote Food Recovery and 1281 educate local businesses and organizations about liability protections for 1282 businesses donating food. Inclusion of this language will expand education 1283 requirements for Food Recovery beyond that required by SB 1383 Regulations. 1284 (d) Food Recovery Organizations and Food Recovery Services that have their primary 1285 address physically located in the Jurisdiction and contract with or have written 1286 agreements with one or more Commercial Edible Food Generators pursuant to 14 1287 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total 1288 pounds of Edible Food recovered in the previous calendar year from the Tier One 1289 and Tier Two Commercial Edible Food Generators they have established a 1290 contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later 1291 than _______ (Jurisdiction to insert date). Guidance: This Section 10(d) is included 1292 to capture the reporting requirements specified in 14 CCR Section 1293 18994.2(h)(2)(A), which only requires reporting by Food Recovery Organizations 1294 and Food Recovery Services on the total pounds of Edible Food recovered from 1295 Commercial Edible Food Generators annually. Jurisdictions may choose to 1296 expand these reporting requirements to capture additional information to support 1297 their capacity planning efforts and for other purposes. For example, while SB 1383 1298 Regulations do not require reporting on amount and type of Edible Food not 1299 accepted by Food Recovery Organizations and Food Recovery Services, 1300 Jurisdictions may want to consider adding such a requirement. 1301 (e) Food Recovery Capacity Planning 1302
(1) Food Recovery Services and Food Recovery Organizations. In order to 1303 support Edible Food Recovery capacity planning assessments or other 1304 studies conducted by the County, City, special district that provides solid 1305 waste collection services, or its designated entity, Food Recovery Services 1306 and Food Recovery Organizations operating in the Jurisdiction shall provide 1307 information and consultation to the Jurisdiction, upon request, regarding 1308 existing, or proposed new or expanded, Food Recovery capacity that could 1309 be accessed by the Jurisdiction and its Commercial Edible Food 1310 Generators. A Food Recovery Service or Food Recovery Organization 1311 contacted by the Jurisdiction shall respond to such request for information 1312 within 60 days, unless a shorter timeframe is otherwise specified by the 1313 Jurisdiction. Guidance: SB 1383 Regulations (14 CCR Section 18992.2) 1314 require that counties conduct Edible Food Recovery capacity planning, in 1315 coordination with Jursidictions and Regional Agencies, and consult with 1316 Food Recovery Organizations and services regarding existing, or proposed 1317 new and expanded, capacity that could be accessed by the Jurisdiction and 1318 its Commercial Edible Food Generators. Entities contacted by a Jurisdiction 1319 shall respond within 60 days regarding available and potential new or 1320 expanded capacity, pursuant to 14 CCR Section 18992.2(b), or another 1321 timeframe could be inserted within the ordinance that is less than 60 days, 1322 but this is not required. 1323
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(2) Jurisdictions and Regional Agencies. (Provision for County ordinances) 1324 Guidance: SB 1383 Regulations require that counties conduct Food 1325 Recovery capacity planning in coordination with cities, special districts that 1326 provide solid waste collection services, and Regional Agencies within the 1327 county. Jurisdictions that are not counties may remove this subsection (e), 1328 as their ordinances would not regulate other Jurisdictions or regional 1329 agencies; however, cities and special districts that provide solid waste 1330 collection services, and regional agencies should be aware of their 1331 requirement to conduct capacity planning in coordination with the County. 1332 Cities, special districts that provide solid waste collection services, and 1333 regional agencies located within the county shall conduct Edible Food 1334 Recovery capacity planning, in coordination with the county. 1335 (A) If the county identifies that new or expanded capacity to recover 1336 Edible Food is needed, then each Jurisdiction within the county that 1337 lacks capacity shall: 1338
(i) Submit an implementation schedule to CalRecycle and the 1339 county that demonstrates how it will ensure there is enough 1340 new or expanded capacity to recover the Edible Food 1341 currently disposed by Commercial Edible Food Generators 1342 within its Jurisdiction by the end of the reporting period set 1343 forth in 14 CCR Section 18992.3. The implementation 1344 schedule shall include the information specified in 14 CCR 1345 Section 18992.2(c)(1)(A). 1346
(ii) Consult with Food Recovery Organizations and Food 1347 Recovery Services regarding existing, or proposed new and 1348 expanded capacity that could be accessed by the Jurisdiction 1349 and its Commercial Edible Food Generators. 1350
(B) If the county finds that new or expanded capacity is needed, the 1351 county shall notify the Jurisdiction(s) that lack sufficient capacity. 1352 (C) A City, Special District that provides solid waste collection services, 1353 or Regional Agency contacted by the county pursuant to this Section 1354 shall respond to the county’s request for information within 120 days 1355 of receiving the request from the county, unless a shorter timeframe 1356 is otherwise specified by the county. 1357
Guidance: If a City, Special District that provides solid waste 1358 collection services, or Regional Agency fails to provide the 1359 necessary information within 120 days, the county is not required to 1360 include estimates for that Jurisdiction in its capacity plan in the report 1361 it submits pursuant to 14 CCR Section 18992.3. 1362
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SECTION 11. REQUIREMENTS FOR HAULERS AND FACILITY 1363
OPERATORS 1364
(a) Requirements for Haulers (Standard Compliance Approach; Optional for 1365 Performance-Based Compliance Approach) 1366
Guidance: Jurisdictions using the Standard Compliance Approach are required to 1367 adopt an ordinance or other enforceable mechanism for hauler regulation 1368 requirements specified in 14 CCR, Division 7, Chapter 12, Article 7. This Section 1369 11(a) of the Model Ordinance provides language to document the hauler 1370 regulations. Jurisdictions that are exempt from the Organic Waste collection 1371 requirements pursuant to rural, low-population, or high-elevation waivers granted 1372 by CalRecycle pursuant to 14 CCR Section 18984.12, and haulers and Self-1373 Haulers operating or located within exempt areas of those Jurisdictions, are not 1374 required to comply with the SB 1383 Regulations for the duration of an exemption 1375 issued pursuant to 14 CCR Section 18984.12. As a result, these Jurisdictions may 1376 omit this Section 11(a). 1377
Jurisdictions adopting the Performance-Based Compliance Approach are not 1378 required to impose these requirements on haulers, and do not need to include 1379 Section 11(a). However, pursuant to SB 1383 Regulations (14 CCR Section 1380 18998.1(d)(2)) these Jurisdictions must require haulers to keep a record of the 1381 documentation of its approval as a hauler by the Jurisdiction. These Jurisdictions 1382 may, however, choose to adopt some of these other requirements as well to 1383 support their compliance with the requirements of the Performance-Based 1384 Compliance Approach collection service requirements. 1385 This Section and this Model address specific regulatory requirements that 1386 Jurisdictions must enforce on haulers and other entities as specified in 14 CCR, 1387 Division 7, Chapter 12, Article 7. There are other requirements in the SB 1383 1388 Regulations on the Jurisdiction that the Jurisdiction may delegate to a hauler to 1389 comply with on their behalf such as Container Contamination requirements, 1390 outreach and education requirements, container color requirements, and container 1391 labeling requirements. Some of these requirements are more appropriately 1392 addressed in franchise agreements, hauler permits, or licensing systems. 1393 Jurisdiction shall place requirements on one or more of the following types of 1394 haulers depending upon which type(s) of hauler regulation system(s) are allowed 1395 in the Jurisdiction: 1396
Option 1: Exclusive franchised hauler 1397
Option 2: Non-exclusive franchised haulers 1398
Option 3: Permitted haulers 1399
Option 4: Licensed haulers 1400
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Option 5: Include a combination of Options 1 through 4 as appropriate 1401 (1) ________________(Jurisdiction to insert type(s) of hauler(s) from list 1402 above) providing residential, Commercial, or industrial Organic Waste 1403 collection services to generators within the Jurisdiction’s boundaries shall 1404 meet the following requirements and standards as a condition of approval 1405 of a contract, agreement, or other authorization with the Jurisdiction to 1406 collect Organic Waste: 1407
(A) Through written notice to the Jurisdiction annually on or before _____ 1408 (Jurisdiction to insert date), identify the facilities to which they will 1409 transport Organic Waste including facilities for Source Separated 1410 Recyclable Materials, Source Separated Green Container Organic 1411 Waste, and Mixed Waste. Guidance: For Jurisdictions with three- 1412 and three-plus container systems that do not allow Organic Waste, 1413 such as Food Waste to be collected in the Gray Container, delete 1414 Mixed Waste. For Jurisdictions with two-container systems, delete 1415 Source Separated Recyclable Materials or Source Separated Green 1416 Container Organic Waste as applicable. 1417
(B) Transport Source Separated Recyclable Materials, Source 1418 Separated Green Container Organic Waste, and Mixed Waste to a 1419 facility, operation, activity, or property that recovers Organic Waste 1420 as defined in 14 CCR, Division 7, Chapter 12, Article 2. Guidance: 1421 For Jurisdictions with three- and three-plus container systems that 1422 prohibit Organic Waste, such as Food Waste to be collected in the 1423 Gray Container, delete Mixed Waste. For Jurisdictions with two-1424 container systems, delete Source Separated Recyclable Materials or 1425 Source Separated Green Container Organic Waste as applicable. 1426 (C) Obtain approval from the Jurisdiction to haul Organic Waste, unless 1427 it is transporting Source Separated Organic Waste to a Community 1428 Composting site or lawfully transporting C&D in a manner that 1429 complies with 14 CCR Section 18989.1, Section 13 of this ordinance, 1430 and Jurisdiction’s C&D ordinance. 1431
(2) ________________(Jurisdiction to insert type(s) of hauler(s) from list 1432 above) authorization to collect Organic Waste shall comply with education, 1433 equipment, signage, container labeling, container color, contamination 1434 monitoring, reporting, and other requirements contained within its franchise 1435 agreement, permit, license, or other agreement entered into with 1436 Jurisdiction. Guidance: This Section 11(a)(2) is not a requirement of SB 1437 1383 Regulations, but Jurisdictions may want to include it as a cross-1438 reference to other documents that contain hauler requirements. 1439 (b) Requirements for Facility Operators and Community Composting Operations 1440
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(1) Owners of facilities, operations, and activities that recover Organic Waste, 1441 including, but not limited to, Compost facilities, in-vessel digestion facilities, 1442 and publicly-owned treatment works shall, upon Jurisdiction request, 1443 provide information regarding available and potential new or expanded 1444 capacity at their facilities, operations, and activities, including information 1445 about throughput and permitted capacity necessary for planning purposes. 1446 Entities contacted by the Jurisdiction shall respond within 60 days. 1447 Guidance: The SB 1383 Regulations include specific requirements for 1448 processing and facility standards. CalRecycle’s Model Franchise 1449 Agreement Tool includes more specific detail on those operative 1450 requirements for facilities. In addition to the capacity planning requirements, 1451 Jurisdictions may consider including a reference here to a franchise 1452 agreement, facility agreement, different section of the Jurisdiction’s 1453 municipal/county code, or other relevant document(s) where facility 1454 standards are specified. 1455
(2) Community Composting operators, upon Jurisdiction request, shall provide 1456 information to the Jurisdiction to support Organic Waste capacity planning, 1457 including, but not limited to, an estimate of the amount of Organic Waste 1458 anticipated to be handled at the Community Composting operation. Entities 1459 contacted by the Jurisdiction shall respond within 60 days. 1460 SECTION 12. SELF-HAULER REQUIREMENTS 1461
Guidance: The SB 1383 Regulations (14 CCR Division 7, Chapter 12, Article 7) specify 1462 requirements for Self-Haulers (which includes back-haulers per the Self-Hauler definition 1463 of the SB 1383 Regulations). Jurisdictions that allow for self-hauling and are using either 1464 the Standard Compliance Approach or Performance-Based Compliance Approach are 1465 required to adopt an ordinance or other enforceable mechanism for Self-Hauler regulation 1466 requirements. This Section 12 of the Model Ordinance provides language to document 1467 the Self-Hauler regulations. If Jurisdictions do not allow self-hauling, this Section 12 may 1468 be deleted. 1469
Jurisdictions that are exempt from the Organic Waste collection requirements pursuant 1470 to rural, low-population, or high-elevation waivers granted by CalRecycle pursuant to SB 1471 1383 Regulations (14 CCR Section 18984.12), and haulers and Self-Haulers operating 1472 or located within exempt areas of those Jurisdictions, are not required to comply with the 1473 SB 1383 Regulations for the duration of an exemption issued pursuant to 14 CCR Section 1474 18984.12. As a result, these Jurisdictions may omit this Section 12. 1475 (a) Self-Haulers shall source separate all recyclable materials and Organic Waste 1476 (materials that Jurisdiction otherwise requires generators to separate for collection 1477 in the Jurisdiction’s organics and recycling collection program) generated on-site 1478 from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 1479 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste 1480 Processing Facility as specified in 14 CCR Section 18984.3. 1481
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(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility 1482 that recovers those materials; and haul their Source Separated Green Container 1483 Organic Waste to a Solid Waste facility, operation, activity, or property that 1484 processes or recovers Source Separated Organic Waste. Alternatively, Self-1485 Haulers may haul Organic Waste to a High Diversion Organic Waste Processing 1486 Facility. 1487
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential 1488 Dwellings) shall keep a record of the amount of Organic Waste delivered to each 1489 Solid Waste facility, operation, activity, or property that processes or recovers 1490 Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The 1491 records shall include the following information: 1492
(1) Delivery receipts and weight tickets from the entity accepting the waste. 1493 (2) The amount of material in cubic yards or tons transported by the generator 1494 to each entity. 1495
(3) If the material is transported to an entity that does not have scales on-site, 1496 or employs scales incapable of weighing the Self-Hauler’s vehicle in a 1497 manner that allows it to determine the weight of materials received, the Self-1498 Hauler is not required to record the weight of material but shall keep a record 1499 of the entities that received the Organic Waste. 1500
(d) (Optional) Self-Haulers that are Commercial Businesses (including Multi-Family 1501 Self-Haulers) shall provide information collected in Section 12(c) to Jurisdiction if 1502 requested. Guidance: Self-Hauler reporting is not required by the SB 1383 1503 Regulations. If a Jurisdiction includes this subsection, Jurisdiction may want to 1504 identify who the information should be provided to and on what dates, either in this 1505 subsection or in other online or other communications to Self-Haulers. Jurisdiction 1506 may also want to include a provision specifying that Self-Haulers need to register 1507 with the Jurisdiction, if such a system is available or desired, in order to more 1508 consistently track this information. 1509
(e) A residential Organic Waste Generator that self hauls Organic Waste is not 1510 required to record or report information in Section 12(c) and (d). 1511 SECTION 13. COMPLIANCE WITH CALGREEN RECYCLING 1512
REQUIREMENTS 1513
Guidance: SB 1383 Regulations (14 CCR Section 18989.1) require that a Jurisdiction, 1514 which is a city, county, or a city and county, adopt an ordinance or other enforceable 1515 requirement that requires compliance with C&D recycling requirements for Organic Waste 1516 commingled with C&D and for provision of adequate space for recycling for Multi-Family 1517 and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of 1518 the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 1519
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and effective January 1, 2020 (“CALGreen SB 1383 Baseline Requirements”). This 1520 Section 13 provides example language that is structured to fulfill this requirement related 1521 narrowly on the CALGreen SB 1383 Baseline Requirements. Pursuant to SB 1383 1522 Regulations (14 CCR Section 18989.1(b)), a Jurisdiction that is not a city, county, or city 1523 and county, is not required to include these CALGreen requirements and may delete this 1524 Section 13. 1525
SB 1383 Regulations (14 CCR Section 18989.1) cite specific date of effectiveness for 1526 CALGreen of January 1, 2020. Jurisdictions’ ordinances need to meet or exceed these 1527 CALGreen SB 1383 Baseline Requirements. If Jurisdictions have the ability to adopt an 1528 ordinance that allows for an “auto” update of the Jurisdiction’s ordinance as the 1529 CALGreen requirements change, that approach is allowable. If the “auto” update results 1530 in changes in CALGreen with standards that are less than those in the CALGreen SB 1531 1383 Baseline Requirements, then the Jurisdiction will need to maintain the standards in 1532 the CALGreen SB 1383 Baseline Requirements. 1533
Jurisdictions with an ordinance or similarly enforceable mechanism requiring compliance 1534 with CALGreen can omit this Section. Jurisdictions should note that while these 1535 CALGreen provisions are included in this Model Ordinance, a Jurisdiction may determine 1536 it is more appropriate to include these CALGreen requirements in a separate ordinance 1537 or in a different, more relevant municipal code section (e.g., building or planning code). 1538 Also note that Jurisdictions are not required to address the CALGreen requirements 1539 through an ordinance if they prefer to use another type of enforceable mechanism. In 1540 such case, Jurisdictions should delete this Section. 1541 If Jurisdictions do not have a separate C&D ordinance or municipal code that address 1542 other C&D related policies, Jurisdictions may want to expand this Section to address 1543 collection, recycling, diversion, tracking, and/or reporting of C&D. 1544 (a) Persons applying for a permit from the Jurisdiction for new construction and 1545 building additions and alternations shall comply with the requirements of this 1546 Section and all required components of the California Green Building Standards 1547 Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered 1548 by the scope of CALGreen or more stringent requirements of the Jurisdiction. If the 1549 requirements of CALGreen are more stringent then the requirements of this 1550 Section, the CALGreen requirements shall apply. 1551
Project applicants shall refer to Jurisdiction’s building and/or planning code for 1552 complete CALGreen requirements. 1553
(b) For projects covered by CALGreen or more stringent requirements of the 1554 Jurisdiction, the applicants must, as a condition of the Jurisdiction’s permit 1555 approval, comply with the following: 1556
(1) Where five (5) or more Multi-Family dwelling units are constructed on a 1557 building site, provide readily accessible areas that serve occupants of all 1558 buildings on the site and are identified for the storage and collection of Blue 1559
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Container and Green Container materials, consistent with the three-, three-1560 plus, or two-container collection program offered by the Jurisdiction, or 1561 comply with provision of adequate space for recycling for Multi-Family and 1562 Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 1563
5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 1564 as amended provided amended requirements are more stringent than the 1565 CALGreen requirements for adequate recycling space effective January 1, 1566 2020. Guidance: Include only for three- and two-container systems. For a 1567 two-container system, delete reference to Blue Container or Green 1568 Container as appropriate. Note that the last portion of the requirement 1569 beginning with “…or comply with provisions of adequate space…” is 1570 intended to create an “auto-update” of the ordinance when CALGreen 1571 changes over time. Jurisdictions may choose to eliminate this provision at 1572 their option, if they prefer to update their ordinance each time CALGreen 1573 changes. 1574
(2) New Commercial construction or additions resulting in more than 30% of 1575 the floor area shall provide readily accessible areas identified for the storage 1576 and collection of Blue Container and Green Container materials, consistent 1577 with the three-, three-plus, or two-container collection program offered by 1578 the Jurisdiction, or shall comply with provision of adequate space for 1579 recycling for Multi-Family and Commercial premises pursuant to Sections 1580
4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building 1581 Standards Code, 24 CCR, Part 11 as amended provided amended 1582 requirements are more stringent than the CALGreen requirements for 1583 adequate recycling space effective January 1, 2020. Guidance: Include only 1584 for three-, three-plus, and two-container systems. For a two-container 1585 system, delete reference to Blue Container or Green Container as 1586 appropriate. Note that the last portion of the requirement beginning with 1587 “…or comply with provisions of adequate space…” is intended to create an 1588 “auto-update” of the ordinance when CALGreen changes over time. 1589 Jurisdictions may choose to eliminate this provision at their option, if they 1590 prefer to update their ordinance each time CALGreen changes. 1591 (3) Comply with CALGreen requirements and applicable law related to 1592 management of C&D, including diversion of Organic Waste in C&D from 1593 disposal. Comply with Jurisdiction’s C&D ordinance, Section ___ of 1594 Jurisdiction’s municipal code, and all written and published Jurisdiction 1595 policies and/or administrative guidelines regarding the collection, recycling, 1596 diversion, tracking, and/or reporting of C&D. Guidance: Jurisdictions with a 1597 C&D ordinance may choose to add a link to their ordinance in this 1598 subsection.* 1599
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SECTION 14. MODEL WATER EFFICIENT LANDSCAPING 1600
ORDINANCE REQUIREMENTS 1601
Guidance: SB 1383 Regulations (14 CCR Section 18989.2) require that a Jurisdiction, 1602 which is a city, county, or a City and county, adopt an ordinance or other enforceable 1603 requirement that requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the 1604 MWWELO as amended September 15, 2015 (“MWELO SB 1383 Baseline 1605 Requirements”). This Section 14 provides example language that is structured to fulfill 1606 this requirement related narrowly on the MWELO SB 1383 Baseline Requirements. As a 1607 result, the Model does not broadly address all requirements of MWELO. Pursuant to SB 1608 1383 Regulations (14 CCR Section 18989.2(b)), a Jurisdiction that is not a city, county, 1609 or city and county, is not required to include these MWELO requirements and may delete 1610 this Section 14. 1611
SB 1383 Regulations (14 CCR Section 18989.2) cite a specific date of effectiveness for 1612 MWELO of September 15, 2015. Jurisdictions’ ordinances need to meet or exceed these 1613 MWELO SB 1393 Baseline Requirements. If a Jurisdiction has the ability to adopt an 1614 ordinance that allows for an “auto” update of the Jurisdiction’s ordinance as the MWELO 1615 requirements change, that approach is allowable. If the “auto” update results in changes 1616 in MWELO with standards that are less than those in the MWELO SB 1383 Baseline 1617 Requirements, then the Jurisdiction will need to maintain the standards in the MWELO 1618 SB 1383 Baseline Requirements. 1619
Jurisdictions that have an existing MWELO ordinance or other enforceable mechanism 1620 that covers the MWELO SB 1383 Baseline Requirements may omit this provision. 1621 Jurisdictions should note that while these MWELO provisions are included in this Model 1622 Ordinance, a Jurisdiction may determine it is more appropriate to include these MWELO 1623 requirements in a separate ordinance or in a different, more relevant municipal code 1624 section (e.g., building or planning code). Also note that Jurisdictions are not required to 1625 address the MWELO requirements through an ordinance if they prefer to use another 1626 type of enforceable mechanism. In such case, Jurisdictions should delete this Section. 1627 (a) Property owners or their building or landscape designers, including anyone 1628 requiring a building or planning permit, plan check, or landscape design review 1629 from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, 1630 public, institutional, or Commercial) project with a landscape area greater than 500 1631 square feet, or rehabilitating an existing landscape with a total landscape area 1632 greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), 1633 and (G) of the MWELO, including sections related to use of Compost and mulch 1634 as delineated in this Section 14. 1635
(b) The following Compost and mulch use requirements that are part of the MWELO 1636 are now also included as requirements of this ordinance. Other requirements of 1637 the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. 1638 Guidance: In the preceding sentence, Jurisdictions can insert link to its own WELO 1639 if the provisions are equal to or greater in stringency than Sections 492.6(a)(3)(B) 1640
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(C), (D), and (G) of the September 15, 2015 MWELO, but proof of these 1641 requirements will need to be submitted to CalRecycle. 1642 (c) Property owners or their building or landscape designers that meet the threshold 1643 for MWELO compliance outlined in Section 14(a) above shall: 1644 (1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which 1645 requires the submittal of a landscape design plan with a soil preparation, 1646 mulch, and amendments section to include the following: 1647 (A) For landscape installations, Compost at a rate of a minimum of four 1648 cubic yards per 1,000 square feet of permeable area shall be 1649 incorporated to a depth of six (6) inches into the soil. Soils with 1650 greater than six percent (6%) organic matter in the top six (6) inches 1651 of soil are exempt from adding Compost and tilling. 1652 (B) For landscape installations, a minimum three- (3-) inch layer of mulch 1653 shall be applied on all exposed soil surfaces of planting areas except 1654 in turf areas, creeping or rooting groundcovers, or direct seeding 1655 applications where mulch is contraindicated. To provide habitat for 1656 beneficial insects and other wildlife up to five percent (5%) of the 1657 landscape area may be left without mulch. Designated insect habitat 1658 must be included in the landscape design plan as such. 1659 (C) Organic mulch materials made from recycled or post-consumer 1660 materials shall take precedence over inorganic materials or virgin 1661 forest products unless the recycled post-consumer organic products 1662 are not locally available. Organic mulches are not required where 1663 prohibited by local fuel modification plan guidelines or other 1664 applicable local ordinances. 1665
(2) The MWELO compliance items listed in this Section are not an inclusive list 1666 of MWELO requirements; therefore, property owners or their building or 1667 landscape designers that meet the threshold for MWELO compliance 1668 outlined in Section 14(a) shall consult the full MWELO for all requirements. 1669 (d) If, after the adoption of this ordinance, the California Department of Water 1670 Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, 1671 Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 1672 requirements in a manner that requires Jurisdictions to incorporate the 1673 requirements of an updated MWELO in a local ordinance, and the amended 1674 requirements include provisions more stringent than those required in this Section, 1675 the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. 1676
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SECTION 15. PROCUREMENT REQUIREMENTS FOR JURISDICTION 1677 DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS 1678 Guidance: This Section 15 of the Model Ordinance includes example procurement 1679 requirements to address the Recovered Organic Waste Product and Recycled-Content 1680 Paper procurement requirements pursuant to SB 1383 Regulations (14 CCR, Division 7, 1681 Chapter 12, Article 12). The first Section 15(a) provides a simple statement of 1682 requirements for Jurisdiction’s departments to comply with the Jurisdiction’s purchasing 1683 policy, which is anticipated to be adopted or amended to address the procurement 1684 requirements in SB 1383 Regulations. The second Section 15(b) specifies Recycled-1685 Content Paper requirements for vendors. Jurisdictions should note that while these 1686 provisions are included in this Model Ordinance, a Jurisdiction may determine it is more 1687 appropriate to include these procurement requirements in a separate ordinance or in a 1688 different, more relevant municipal code section. Jurisdictions may also choose not to 1689 include the requirements in an ordinance, and instead use another type of enforceable 1690 mechanism to document the requirements. 1691
This Model anticipates that Recovered Organic Waste Product and Recycled-Content 1692 Paper procurement requirements of the SB 1383 Regulations (14 CCR, Division 7, 1693 Chapter 12, Article 12) will be described fully in a separate procurement policy(ies) 1694 developed by Jurisdictions. The separate procurement policy(ies) is(are) anticipated to 1695 contain additional requirements that the Jurisdiction will place on its departments, 1696 purchasers, and others for procuring Compost, mulch, Renewable Gas, electricity from 1697 biomass, and Recycled-Content Paper products and Printing and Writing Paper and 1698 Recovered Organic Waste Products. Jurisdiction shall adopt a separate procurement 1699 policy(ies) by an action of its governing body. Requiring compliance with that policy(ies) 1700 through an ordinance is one way to ensure the provisions are enforceable, which is 1701 required for certain procurement provisions. For example, in order for mulch to qualify as 1702 a Recovered Organic Waste Product that the Jurisdiction may procure to comply with SB 1703 1383 Regulations (14 CCR Division 7, Chapter 12, Article 12), the Jurisdiction must have 1704 an enforceable ordinance, or similarly enforceable mechanism, that requires the mulch to 1705 meet certain standards, pursuant to 14 CCR Section 18993.1(f)(4). Note that CalRecycle 1706 developed a separate Model Procurement Policy as a tool for Jurisdictions. Refer to the 1707 Additional CalRecycle Resources section in the Guidance section of this Model for a link 1708 to the Model Procurement Policy. 1709
(a) Jurisdiction departments, and direct service providers to the Jurisdiction, as 1710 applicable, must comply with the Jurisdiction’s Recovered Organic Waste Product 1711 procurement policy adopted on __________ and Recycled-Content Paper 1712 procurement policy adopted on ________ (Jurisdiction to amend the title(s) of the 1713 “procurement policy(ies)” to reflect their title and insert date in the blank). 1714 Guidance: In this Model Ordinance, it is anticipated that Jurisdictions will adopt a 1715 Recovered Organic Waste Product procurement policy and Recycled-Content 1716 Paper procurement policy (or amend existing one(s)) to incorporate procurement 1717 requirements required by SB 1383 Regulations (14 CCR, Division 7, Chapter 12, 1718 Article 12). The purpose of this statement is to identify the requirement for all 1719
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Jurisdiction’s departments and direct service providers, if applicable, to comply 1720 with the policy(ies) and ensure the policy(ies) is(are) enforceable. 1721 (b) All vendors providing Paper Products and Printing and Writing Paper shall: 1722 Guidance: This Section 15(b) presents Recycled-Content Paper requirements for 1723 Jurisdiction’s vendors to support Jurisdiction’s compliance with SB 1383 1724 Regulations (14 CCR Section 18993.3). Jurisdiction may choose to use less 1725 specific language here and instead require vendors supplying Paper Products and 1726 Printing and Writing Paper to comply with the Jurisdiction’s procurement policy, if 1727 such policy is adopted prior to or at the same time as this ordinance. If Jurisdiction 1728 already has a procurement policy, it may need to be updated to address the 1729 Recycled-Content Paper procurement requirements and to address Recovered 1730 Organic Waste Product procurement. 1731
Section 22150 of the Public Contracts Code requires local governments to 1732 purchase recycled products instead of non-recycled products whenever recycled 1733 products are available at the same or a lesser total cost than non-recycled items, 1734 if fitness and quality are equal. Under SB 1383 Regulations (14 CCR Section 1735 18993.3), Jurisdictions are not prohibited from either using a price preference 1736 (usually 5 to 10 percent) for Recycled-Content Paper or requiring Recycled-1737 Content Paper regardless of price. The options are presented below for 1738 consideration. 1739
(1) If fitness and quality are equal, provide Recycled-Content Paper Products 1740 and Recycled-Content Printing and Writing Paper that consists of at least 1741 30 percent, by fiber weight, postconsumer fiber instead of non-recycled 1742 products whenever recycled Paper Products and Printing and Writing Paper 1743 are available at the same or lesser total cost than non-recycled items or at 1744 a total cost of no more than ___% of the total cost for non-recycled items. 1745 Guidance: The procurement requirements specified here are consistent 1746 with the Public Resources Code Section 22150 with the exception of the 1747 blue highlighted text. Jurisdiction that do not want to include any pricing 1748 preference for Recycled-Content Paper should delete the blue highlighted 1749 text. Jurisdictions that want to establish a pricing preference for purchase 1750 of Recycled-Content Paper shall retain the blue highlighted text and insert 1751 a percentage amount. 1752
(2) Provide Paper Products and Printing and Writing Paper that meet Federal 1753 Trade Commission recyclability standard as defined in 16 Code of Federal 1754 Regulations (CFR) Section 260.12. 1755
(3) Certify in writing, under penalty of perjury, the minimum percentage of 1756 postconsumer material in the Paper Products and Printing and Writing 1757 Paper offered or sold to the Jurisdiction. This certification requirement may 1758 be waived if the percentage of postconsumer material in the Paper 1759
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Products, Printing and Writing Paper, or both can be verified by a product 1760 label, catalog, invoice, or a manufacturer or vendor internet website. 1761 (4) Certify in writing, on invoices or receipts provided, that the Paper Products 1762 and Printing and Writing Paper offered or sold to the Jurisdiction is eligible 1763 to be labeled with an unqualified recyclable label as defined in 16 Code of 1764 Federal Regulations (CFR) Section 260.12 (2013). 1765
(5) Provide records to the Jurisdiction’s Recovered Organic Waste Product 1766 procurement recordkeeping Designee, in accordance with the Jurisdiction’s 1767 Recycled-Content Paper procurement policy(ies) of all Paper Products and 1768 Printing and Writing Paper purchases within thirty (30) days of the purchase 1769 (both recycled-content and non-recycled content, if any is purchased) made 1770 by any division or department or employee of the Jurisdiction. Records shall 1771 include a copy (electronic or paper) of the invoice or other documentation 1772 of purchase, written certifications as required in Sections 15(b)(3) and 1773 15(b)(4) of this ordinance for recycled-content purchases, purchaser name, 1774 quantity purchased, date purchased, and recycled content (including 1775 products that contain none), and if non-recycled content Paper Products or 1776 Printing and Writing Papers are provided, include a description of why 1777 Recycled-Content Paper Products or Printing and Writing Papers were not 1778 provided. 1779
SECTION 16. INSPECTIONS AND INVESTIGATIONS BY JURISDICTION 1780 Guidance: SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 14) require 1781 Jurisdictions to inspect regulated entities for compliance and to take Enforcement Action 1782 against non-compliant entities including generators, Tier One and Tier Two Commercial 1783 Edible Food Generators, Food Recovery Organizations, Food Recovery Services, 1784 haulers, and Self-Haulers. This Section 16 provides example ordinance language to 1785 provide the Jurisdiction the right to conduct Inspections and investigations. Section 17 1786 addresses enforcement. This Model language presents a simple approach to establishing 1787 the right to inspect or investigate. Some Jurisdictions may want to expand on this to 1788 include more specificity, including more specific identification of who has the authority to 1789 inspect, what entities may be inspected or investigated, and the protocols for such 1790 Inspections and investigations. Note that for Jurisdictions using the Performance-Based 1791 Compliance Approach, their Inspection and enforcement obligations under SB 1383 1792 Regulations are limited to Tier One and Tier Two Commercial Edible Food Generators, 1793 Food Recovery Organizations, Food Recovery Services, as specified in 14 CCR Sections 1794 18998.2(a)(8) through 18998.2(a)(11). 1795
(a) Jurisdiction representatives and/or its designated entity, including Designees are 1796 authorized to conduct Inspections and investigations, at random or otherwise, of 1797 any collection container, collection vehicle loads, or transfer, processing, or 1798 disposal facility for materials collected from generators, or Source Separated 1799 materials to confirm compliance with this ordinance by Organic Waste Generators, 1800
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Commercial Businesses (including Multi-Family Residential Dwellings), property 1801 owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food 1802 Recovery Services, and Food Recovery Organizations, subject to applicable laws. 1803 This Section does not allow Jurisdiction to enter the interior of a private residential 1804 property for Inspection. For the purposes of inspecting Commercial Business 1805 containers for compliance with Section 6(b) or 7(b) of this ordinance, Jurisdiction 1806 may conduct container Inspections for Prohibited Container Contaminants using 1807 Remote Monitoring, and Commercial Businesses shall accommodate and 1808 cooperate with the Remote Monitoring pursuant to Section 6(k) or 7(k) of this 1809 ordinance. (Optional) Guidance: The Remote Monitoring addressed in the 1810 preceding sentence is not required by the SB 1383 Regulations. Jurisdictions may 1811 include this if they choose to use a Remote Monitoring system to monitor for 1812 Prohibited Container Contaminants to support their compliance with 14 CCR 1813 Section 18984.5, Container Contamination minimization requirements. 1814 (b) Regulated entity shall provide or arrange for access during all Inspections (with the 1815 exception of residential property interiors) and shall cooperate with the 1816 Jurisdiction’s employee or its designated entity/Designee during such Inspections 1817 and investigations. Such Inspections and investigations may include confirmation 1818 of proper placement of materials in containers, Edible Food Recovery activities, 1819 records, or any other requirement of this ordinance described herein. Failure to 1820 provide or arrange for: (i) access to an entity’s premises; (ii) installation and 1821 operation of Remote Monitoring equipment (optional); or (ii) access to records for 1822 any Inspection or investigation is a violation of this ordinance and may result in 1823 penalties described. 1824
(c) Any records obtained by a Jurisdiction during its Inspections, Remote Monitoring, 1825 and other reviews shall be subject to the requirements and applicable disclosure 1826 exemptions of the Public Records Act as set forth in Government Code Section 1827 6250 et seq. 1828
(d) Jurisdiction representatives, its designated entity, and/or Designee are authorized 1829 to conduct any Inspections, Remote Monitoring, or other investigations as 1830 reasonably necessary to further the goals of this ordinance, subject to applicable 1831 laws. 1832
(e) Jurisdiction shall receive written complaints from persons regarding an entity that 1833 may be potentially non-compliant with SB 1383 Regulations, including receipt of 1834 anonymous complaints. Guidance: Jurisdiction shall develop a method to accept 1835 anonymous complaints and require that all complaints be made in writing with 1836 specified information. See SB 1383 Regulations (14 CCR Section 18995.3) for 1837 more guidance. 1838
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SECTION 17. ENFORCEMENT 1839
Guidance: SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Articles 14 and 16) 1840 specify Jurisdiction’s requirements for enforcement and assessment of administrative civil 1841 penalties, respectively. Section 17 provides example language to support the 1842 enforcement process and assessment of penalties. Jurisdictions will need to make sure 1843 that the enforcement language in their ordinance conforms with their own enforcement 1844 procedures. Jurisdictions will need to modify the enforcement language to match their 1845 current and desired enforcement procedures. In addition, Jurisdictions may want to 1846 provide enforcement procedures and requirements stricter than those specified in the SB 1847 1383 Regulations at its option. 1848
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of 1849 a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement 1850 Official or representative. Enforcement Actions under this ordinance are issuance 1851 of an administrative citation and assessment of a fine. The Jurisdiction’s 1852 procedures on imposition of administrative fines are hereby incorporated in their 1853 entirety, as modified from time to time, and shall govern the imposition, 1854 enforcement, collection, and review of administrative citations issued to enforce 1855 this ordinance and any rule or regulation adopted pursuant to this ordinance, 1856 except as otherwise indicated in this ordinance. 1857 (b) Other remedies allowed by law may be used, including civil action or prosecution 1858 as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California 1859 courts to seek recovery of unpaid administrative citations. Jurisdiction may choose 1860 to delay court action until such time as a sufficiently large number of violations, or 1861 cumulative size of violations exist such that court action is a reasonable use of 1862 Jurisdiction staff and resources. 1863
(c) Responsible Entity for Enforcement 1864
(1) Enforcement pursuant to this ordinance may be undertaken by the 1865 Jurisdiction Enforcement Official, which may be the city manager or their 1866 designated entity, legal counsel, or combination thereof. 1867 (2) Enforcement may also be undertaken by a Regional or County Agency 1868 Enforcement Official, designated by the Jurisdiction, in consultation with 1869 Jurisdiction Enforcement Official. 1870
(A) Jurisdiction Enforcement Official(s) (and Regional or County Agency 1871 Enforcement Official, if using) will interpret ordinance; determine the 1872 applicability of waivers, if violation(s) have occurred; implement 1873 Enforcement Actions; and, determine if compliance standards are 1874 met. 1875
(B) Jurisdiction Enforcement Official(s) (and Regional or County Agency 1876 Enforcement Official, if using) may issue Notices of Violation(s). 1877
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Guidance: Include Section 17(c)(2) above if Jurisdiction intends to delegate 1878 enforcement responsibilities to a Regional Agency, County, or joint powers 1879 authority. Regional or County Agency Enforcement Officials may include 1880 environmental health director or Designee; executive director of Regional 1881 Agency or joint powers authority or Designee; or county administrator or 1882 Designee. 1883
(d) Process for Enforcement 1884
(1) Jurisdiction Enforcement Officials or Regional or County Enforcement 1885 Officials and/or their Designee will monitor compliance with the ordinance 1886 randomly and through Compliance Reviews, Route Reviews, investigation 1887 of complaints, and an Inspection program (that may include Remote 1888 Monitoring). Section 16 establishes Jurisdiction’s right to conduct 1889 Inspections and investigations. 1890
(2) Jurisdiction may issue an official notification to notify regulated entities of its 1891 obligations under the ordinance. 1892
(3) For Jurisdictions assessing contamination processing fees/penalties. For 1893 incidences of Prohibited Container Contaminants found in containers, 1894 Jurisdiction will issue a Notice of Violation to any generator found to have 1895 Prohibited Container Contaminants in a container. Such notice will be 1896 provided via a cart tag or other communication immediately upon 1897 identification of the Prohibited Container Contaminants or within ___ days 1898 after determining that a violation has occurred. If the Jurisdiction observes 1899 Prohibited Container Contaminants in a generator’s containers on more 1900 than ___ (_) consecutive occasion(s), the Jurisdiction may assess 1901 contamination processing fees or contamination penalties on the generator. 1902 Guidance: Jurisdiction to include this provision if it chooses to assess 1903 contamination penalties or contamination processing fees for additional 1904 costs of processing Contaminated Containers; otherwise Jurisdictions 1905 should delete provision. Notwithstanding the Jurisdiction enforcement 1906 requirements in SB 1383 Regulations (14 CCR Section 18995.1), do not 1907 require Jurisdictions to impose administrative civil penalties on generators 1908 for violation of Prohibited Container Contaminants requirements. If 1909 choosing to include these optional fees, Jurisdictions should modify this 1910 Section to specify the conditions and procedure for issuance of the fees. 1911 For example, a fee could be assessed per instance of contamination or 1912 could be assessed after certain number of consecutive instances. For 1913 Jurisdictions choosing not to assess contamination processing fees or 1914 contamination penalties, delete Section 17(d)(3). 1915
(4) With the exception of violations of generator contamination of container 1916 contents addressed under Section 17(d)(3), Jurisdiction shall issue a Notice 1917 of Violation requiring compliance within 60 days of issuance of the notice. 1918
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(5) Absent compliance by the respondent within the deadline set forth in the 1919 Notice of Violation, Jurisdiction shall commence an action to impose 1920 penalties, via an administrative citation and fine, pursuant to the 1921 Jurisdiction’s _____ policy/ordinance/guidelines or requirements contained 1922 in Section 17(k), Table 1, List of Violations. Guidance: Note that the 1923 Jurisdiction shall amend the text in blue highlighting to identify its 1924 policy/ordinance/guidelines related to assessment of penalties or the 1925 penalty amounts and/or should refer to Table 1 if it has chosen to include 1926 Table 1 in its ordinance. 1927
Notices shall be sent to “owner” at the official address of the owner 1928 maintained by the tax collector for the Jurisdiction or if no such address is 1929 available, to the owner at the address of the dwelling or Commercial 1930 property or to the party responsible for paying for the collection services, 1931 depending upon available information 1932
(e) Penalty Amounts for Types of Violations 1933
Guidance: SB 1383 Regulations (14 CCR Section 18997.2) require assessment of 1934 penalties with minimum penalty levels consistent with the applicable requirements 1935 prescribed in Government Code Sections 53069.4, 25132, and 36900. 1936 Jurisdictions may choose to use the ranges of penalties included in the 1937 Government Code Section and listed below, or may choose to amend the penalty 1938 amounts shown below to establish a specific penalty level (rather than a range) for 1939 each violation type. Jurisdictions that choose to pick a specific penalty amount 1940 must select an amount that is somewhere in the range or higher than the amounts 1941 shown below, but no lower than the lowest value for each range listed below, and 1942 consistent with the ranges listed in Sections 53069.4, 25132, and 36900 of the 1943 Government Code. Jurisdictions should indicate if these penalties are consistent 1944 or different than administrative penalties in Jurisdiction’s code. 1945 The penalty levels are as follows: 1946
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per 1947 violation. 1948
(2) For a second violation, the amount of the base penalty shall be $100 to 1949 $200 per violation. 1950
(3) For a third or subsequent violation, the amount of the base penalty shall be 1951 $250 to $500 per violation. 1952
(f) Factors Considered in Determining Penalty Amount 1953 Guidance: Jurisdictions may consider including this Section if the penalty amounts 1954 are defined as a range (rather than a specific penalty amount). Note that the factors 1955 listed below are the factors that will be used by CalRecycle to determine penalties 1956 against Jurisdictions and other regulated entities, rather than Jurisdictions against 1957
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generators, and have been included here for example purposes. Jurisdictions may 1958 consider including these factors, but this is not required. Jurisdictions should 1959 customize this Section, if including, to list relevant factors or reference other 1960 sections of their municipal/county code if similar provisions already exist. 1961 The following factors shall be used to determine the amount of the penalty for each 1962 violation within the appropriate penalty amount range: 1963 (1) The nature, circumstances, and severity of the violation(s). 1964 (2) The violator’s ability to pay. 1965
(3) The willfulness of the violator's misconduct. 1966
(4) Whether the violator took measures to avoid or mitigate violations of this 1967 chapter. 1968
(5) Evidence of any economic benefit resulting from the violation(s). 1969 (6) The deterrent effect of the penalty on the violator. 1970 (7) Whether the violation(s) were due to conditions outside the control of the 1971 violator. 1972
(g) Compliance Deadline Extension Considerations 1973
The Jurisdiction may extend the compliance deadlines set forth in a Notice of 1974 Violation issued in accordance with Section 17 if it finds that there are extenuating 1975 circumstances beyond the control of the respondent that make compliance within 1976 the deadlines impracticable, including the following: 1977 (1) Acts of God such as earthquakes, wildfires, flooding, and other 1978 emergencies or natural disasters; 1979
(2) Delays in obtaining discretionary permits or other government agency 1980 approvals; or, 1981
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food 1982 Recovery capacity and the Jurisdiction is under a corrective action plan with 1983 CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. 1984 (h) Appeals Process 1985
Persons receiving an administrative citation containing a penalty for an 1986 uncorrected violation may request a hearing to appeal the citation. A hearing will 1987 be held only if it is requested within the time prescribed and consistent with 1988 Jurisdiction’s procedures in the Jurisdiction’s codes for appeals of administrative 1989 citations. Evidence may be presented at the hearing. The Jurisdiction will appoint 1990
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a hearing officer who shall conduct the hearing and issue a final written order. 1991 Guidance: Jurisdiction shall select an employee or Designee to act as hearing 1992 officer who is different from their enforcement official. 1993 (i) Education Period for Non-Compliance 1994
Beginning January 1, 2022 and through December 31, 2023, Jurisdiction will 1995 conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, 1996 and Compliance Reviews, depending upon the type of regulated entity, to 1997 determine compliance, and if Jurisdiction determines that Organic Waste 1998 Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, 1999 Food Recovery Organization, Food Recovery Service, or other entity is not in 2000 compliance, it shall provide educational materials to the entity describing its 2001 obligations under this ordinance and a notice that compliance is required by 2002 January 1, 2022, and that violations may be subject to administrative civil penalties 2003 starting on January 1, 2024. Guidance: Jurisdictions may initiate the education 2004 period prior to January 1, 2022, but no later than that date pursuant to SB 1383 2005 Regulations (14 CCR Section 18995.1(a)(4)). 2006
(j) Civil Penalties for Non-Compliance 2007
Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste 2008 Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food 2009 Generator, Food Recovery Organization, Food Recovery Service, or other entity 2010 is not in compliance with this ordinance, it shall document the noncompliance or 2011 violation, issue a Notice of Violation, and take Enforcement Action pursuant to 2012 Section 17, as needed. Guidance: 14 CCR Section 18995.4(a)(1) requires that 2013 Jurisdictions initiate Enforcement Actions no later than January 1, 2024. 2014 Jurisdiction may consider having penalties start earlier than January 1, 2024. If 2015 so, it shall amend the dates in Sections 17(i) and 17(j) above to fit its 2016 commencement date for enforcement. 2017
(k) Enforcement Table 2018
Guidance: While Jurisdictions are required to take Enforcement Actions against 2019 regulated entities, Jurisdictions are not required to include an enforcement table in 2020 their ordinance. The following table is provided as an informational tool to highlight 2021 the primary requirements that a Jurisdiction may choose to include in an 2022 enforcement table, based on the Model Ordinance requirements. If a Jurisdiction 2023 includes such an enforcement table in their ordinance, they may choose to include 2024 more items or delete items from the table depending upon the specifics of their 2025 final ordinance and their enforcement program. 2026
Items in Table 1 below requiring enforcement by Jurisdictions using Performance-2027 Based Compliance Approach are indicated in the table with an asterisk (). 2028 Jurisdictions using the Performance-Based Compliance Approach should modify 2029 the table to include only non-compliance items it plans to enforce. 2030
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Jurisdictions using a one-container collection service shall include all items except 2031 Organic Waste Generator and Commercial Business requirements. 2032 Table 1. List of Violations (Optional) 2033
Requirement Description of Violation
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Sections 6 and 7
Commercial Business fails to provide or arrange for
Organic Waste collection services consistent with
Jurisdiction requirements and as outlined in this
ordinance, 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
Section 4, 5, 6 and 7
Organic Waste Generator fails to comply with
requirements adopted pursuant to this ordinance for
the collection and Recovery of Organic Waste.
Hauler Requirement
Section, Section 11
A hauler providing residential, Commercial or
industrial Organic Waste collection service fails to
transport Organic Waste to a facility, operation,
activity, or property that recovers Organic Waste, as
prescribed by this ordinance.
Hauler Requirement
Section 11
A hauler providing residential, Commercial, or
industrial Organic Waste collection service fails to
obtain applicable approval issued by the Jurisdiction
to haul Organic Waste as prescribed by this
ordinance.
Hauler Requirement
Section 11
A hauler fails to keep a record of the applicable
documentation of its approval by the Jurisdiction, as
prescribed by this ordinance.
Self-Hauler Requirement
Section 12
A generator who is a Self-Hauler fails to comply with
the requirements of 14 CCR Section 18988.3(b).
Commercial Edible Food
Generator Requirement
Section 9
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
Service and comply with this Section commencing
Jan. 1, 2022.
Commercial Edible Food
Generator Requirement
Section 9
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
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Service and comply with this Section commencing
Jan. 1, 2024.
Commercial Edible Food
Generator Requirement
Section 9
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
Sections 6, 7, and 9
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
Recordkeeping
Requirements for
Commercial Edible Food
Generator
Section 9
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records, as prescribed by
Section 9.
Recordkeeping
Requirements for Food
Recovery Services and Food
Recovery Organizations
Section 10
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 10.
Required for Jurisdictions using a Performance-Based Compliance Approach. Items 2034 not marked with an are not required for Jurisdictions using a Performance-Based 2035 Compliance Approach. All items in the table are applicable to Jurisdictions using a 2036 Standard Compliance Approach. 2037
2038
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SECTION 18. EFFECTIVE DATE 2039
This ordinance shall be effective commencing on ___________________. (Jurisdiction 2040 to insert date of effectiveness.) 2041
Guidance: SB 1383 Regulations (14 CCR Section 18981.2(a)) require that an ordinance 2042 or other enforceable mechanism be in place no later than January 1, 2022. Jurisdiction is 2043 to determine whether to make this ordinance effective prior to January 1, 2022 to allow 2044 entities additional time to come into compliance with SB 1383 Regulations through 2045 outreach and education efforts provided by Jurisdiction, prior to Inspections, etc. 2046 Jurisdiction is required to provide education by February 1, 2022 at the latest, but six 2047 months or a year sooner for both education and effective date would give regulated 2048 entities more time to understand and comply, prior to Inspections beginning. 2049