CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROINI: Jennifer Crawford, Assistant City Manager `Z3Z-- FOR: City Council Meeting of December 13, 2021
Ord. No. 403 Datel/10/22 item No. 3
First reading approved on 12/13/2021
(Date)
Waive further reading and adopt Ord. No 403
Approved By.
SUBJECT: First Reading of Ordinance No. 403 Regarding Adding Mandatory Organic Waste Disposal Reduction Requirements to the Yucaipa Municipal Code RECOMMENDATION:
That City Council approve first reading, by title only, as read by staff, of Ordinance No. 403 adding Chapter
8.29 (Mandatory Organic Waste Disposal Reduction) to Title 8 (Health and Safety) of the Yucaipa Municipal Code and making a determination of exemption under CEQA.
DISCUSSION:
On September 19, 2016, Senate Bill (SB) 1383 was signed into law to reduce organic waste disposal (food waste, green waste, paper products, etc.) by 75% (20 million tons) and increase edible food recovery by 20%, by 2025. SB 1383 is the State's most ambitious waste reduction law in the last 30 years and requires all cities and counties to adopt and implement a mandatory organic waste ordinance by January 1, 2022. This Legislation requires all businesses, residents, and multi -family apartments to subscribe to the City's organic waste collection and recycling services that captures source separated food scraps and landscaping waste, among other organic waste materials.
As a result of SB 1383, the California Department of Resources Recycling and Recovery (CalRecycle), which is the state department tasked with administering California's waste and recycling programs, developed prescriptive regulations to achieve the State's outlined organic waste disposal goals by 2025, including enforcement actions that would begin in 2022 against jurisdictions that are out of compliance with the SB 1383 requirements. Over the last two years, CalRecycle conducted informal hearings with local governments and stakeholders to develop regulations to achieve the State's organic waste reduction mandates. In November 2020, CalRecycle released the final regulations for SB 1383.
The SB 1383 regulations provide CalRecycle the authority to bring enforcement actions against jurisdictions that are not in compliance with the SB 1383 Regulations. However, in April 2021, SB 619 was signed into law in response to the difficulty many jurisdictions are facing meeting the deadlines for complying with the SB 1383 Regulations due to the COVID-19 pandemic. SB 619 does not automatically waive any SB 1383 deadlines or requirements, but it allows jurisdictions to submit to CalRecycle by March 1, 2022, a plan to remedy any SB 1383 violations in a timely manner and thereby avoid penalties. Pursuant to SB 619, CalRecycle would only impose a penalty on a local jurisdiction and would only require a penalty to accrue for a violation of the regulations if the local jurisdiction did not make a reasonable effort, as determined by CalRecycle, to comply with the regulations. All other SB 1383 regulations take effect on or after January 1, 2022. -161-
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As a result of SB 1383 and the regulations established by CalRecycle, the City will have to implement the following practices to be considered compliant:
• Provide organic waste collection services to all residents and businesses; • Implement an edible food recovery program that recovers edible food from the waste stream; • Provide outreach and education to all affected parties, including generators, haulers, facilities, edible food recovery organizations, and municipal departments:
• Procure certain levels of recovered organic waste products such as compost, mulch, and renewable natural gas;
• Monitor compliance and conduct enforcement, and
• Maintain accurate and timely records of SB 1383 compliance for annual reporting requirements.
Adopting Ordinance No. 403 will mandate organic waste generators, haulers, and other entities subject to the requirements of SB 1383 to comply with the regulatory requirements. Specific sections in this ordinance include:
• Recycling requirements for single-family generators and commercial businesses (including multi -family residential);
• Additional requirements for commercial businesses, which include supplying employees, contractors, tenants, and customers with organic waste collection services consistent with the City's collection program;
• Edible food recovery requirements for commercial edible food generators and food recovery organizations and services;
• Service requirements for haulers, including labeling and container/lid color requirements; • Waivers of certain requirements for generators (a de minimis waiver for a business that generates below a certain amount of organic waste or a physical space waiver for a business or property owners that does not have adequate space for all required collection containers); • Procurement of recovered organic waste products requirements for city departments, service providers to the City and vendors providing paper products and printing and writing papers to the City; and
• Record keeping, reporting, education, outreach, inspections, investigations, and enforcement of Ordinance No. 403 by the City.
In addition to adopting this ordinance, SB 1383 requires that the City have ordinances or other enforceable mechanisms in place for requiring compliance with the CalGreen Building Standards Code ("CalGreen") and the State Model Water Efficient Landscaping Ordinance ("MWELO"). City staff is reviewing Chapter 4 of Division 10 of the Yucaipa Development Code and Chapter 8.26 of Title 8 of the Yucaipa Municipal Code and will return to Council at a future meeting to update these sections of the Code. However; the CalGreen and MWELO provisions specific to SB 1383 mandated solid waste and recycling programs are reiterated in this ordinance for clarity and ease of administration and interpretation.
While the City expects to gain compliance from residents and businesses, SB 1383 regulations provide CalRecycle with the ability to engage in enforcement actions of its own against the City if the designated level of compliance is not met based on the timelines established by CalRecycle. These actions may include:
• Conducting more frequent inspections;
• Taking over direct enforcement on non -compliant businesses within the City; -162-
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Establishing a schedule for City compliance and a probationary period, requiring a work plan and that the jurisdiction demonstrates it has sufficient staffing to implement the requirements of the law; and/or
Seeking administrative penalties against the City of up to $ 10,000 per day.
It is important to note that SB 1383 did not include a source of state funding to implement the required programs or off -set the costs for infrastructure necessary for compliance. However, for the past several years, the City and its solid waste franchise hauler, Yucaipa Disposal, have implemented several residential, multi -family and commercial recycling programs, provided educational and informational materials pertaining to SB 1383 requirements and allocated funding in 2019 for a City Code Enforcement/Compliance Officer to assist in ensuring compliance with SB 1383 and other diversion related programs. These enhancements along with the adoption of Ordinance No. 403 will assist the City to be one step closer to SB 1383 compliance.
If adopted, the ordinance will be effective and operative thirty (30) days after its second reading and passage.
FISCAL IMPACT:
There is no financial impact associated with the consideration and adoption of Ordinance No. 403. SB 1383 will likely involve prograrn implementation costs for the City and potential rate increases for customers. These costs will be outlined in further detail at a future City Council meeting.
Attachment(s): Ordinance No. 403
Approved by: t%
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ORDINANCE NO.403
AN ORDINANCE OF THE CITY OF YUCAIPA ADDING CHAPTER 8.29 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 (HEALTH
AND SAFETY) OF THE YUCAIPA MUNICIPAL CODE, AND (MAKING A
DETERMINATION OF EXEIIPTION UNDER CEQA
WHEREAS, the City of Yucaipa, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of Californua; and WHEREAS, Assembly Bill ("AB") 939 of 1989, the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recovery ("CalRecycle")), requires the City to reduce, reuse, and recycle (including composting) solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS, AB 341 of 2011 places requirements on businesses and multi -family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory conunercial recycling program; and WHEREAS, AB 1826 of 2014 requires businesses and multi-farnily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the City to implement a mandatory commercial organics recycling program for designated businesses and multi -family property owners; and
WHEREAS, Senate Bill ("SB") 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 ("S13 1383 Regulations"), place requirements on multiple entities including the City; single-family residential Households; commercial businesses, including multi -family property owners with five or more dwelling units; commercial edible food generators; haulers, including self -haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets; and WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations; and WHEREAS, this Ordinance implements the requirements of the SB 1383 Regulations; -1-
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. ADDITION OF CHAPTER 8.29 TO TITLE 8 OF THE lZU'\ICIPAL CODE
The City of Yucaipa Municipal Code is hereby amended to add Chapter 8.29 (Mandatory Organic Waste Disposal Reduction) to Title 8 (HEALTH AND SAFETY) to read as follows:
"Chapter- 8.29 — Mandatory Organic Waste Disposal Reduction
8.29.010 Definitions
For the purposes of this Chapter, the following words, terms; phrases, and their derivations have the meanings given herein. Terns not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context; words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this Chapter. Additionally, for the purposes of this Chapter the definitions in 14 CCR Section 18982 shall control for terms used in this Chapter and not defined in this Code. Unless otherwise specified herein; references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded, and replaced from time to time. "Black Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of Black Container Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Black Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28), including brown containers used by Single -Family Generators for the storage and collection of Solid Waste that excludes Source Separated Recyclable Materials and Source Separated Green Container Organic Waste, shall be deemed to be Black Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. Any such brown container shall not be deemed to be a Brown Container as defined in 14 CCR Section 18982(a)(5.5).
"Black Container Waste" means Solid Waste that is collected in a Black Container that is part of the City's three -container (for Single -Family Generators) or four -container (for Conunercial Generators, including Multi -Family Residential Dwellings) Organic Waste collection service that prohibits the placement of Organic Waste in the Black Container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5). "Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials. "Brown Container" has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used only for the purpose of storage and collection of Source Separated Food Waste by ID
Commercial Generators, including Multi-Farnily Residential Dwellings. `Brown Container" excludes broNvii containers that do not comply with the color requirements of 14 CCR Section -2-
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18982(a)(28), are used by Single -Family Generators for the storage and collection of Black Container Waste and are deemed to be Black Containers -%with respect to Single -Family Generators. "CalRecycle" means the Califorma Department of Resources Recycling and Recovery. which is the Department designated with responsibility for developing, implementing. and enforcing SB 1383 Regulations on the City (and others). "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR). "City"' means the City of Yucaipa; California.
"City Enforcement Official" means the City Manager of the City or hisllier designee(s) who is/are partially or wholly responsible for enforcing Chapter 8.29. "Connunercial Business" or "Commercial" means a firm, partnership, proprietorship, joint- stock company, corporation, or association. «-hether for -profit or nonprofit, strip mall, industrial facility, or a Multi -Family Residential Dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi -family residential dwelling that consists of fewer than five (5) dwelling units is not a Conunercial Business for purposes of implementing this Chapter. "Conunercial Edible Food Generator" includes a Tier One or a Tier Two Conunercial Edible Food Generator as defined herein. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
"Compliance Review" means a review of records by the City to determine compliance with this Chapter 8.29.
"Conununity Composting'' means any activity that composts green material, agricultural material, food material, and vegetative food material; alone or in combination, and the total amount of feedstock and Compost on -site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherv'rise defined in 14 CCR Section 18982(a)(8).
"Compost" means the product resulting from the controlled biological decomposition of Organic Waste that is Source Separated from the municipal Solid Waste stream, or which is separated at a centralized facility; or, as othetivise defined in 14 CCR Section 17896.2(a)(4). "Compostable Plastic(s)" means plastic materials that meet the ASTM D6400 standard for cornpostability; or, as othelivise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"Container Contamination" or "Contaminated Container" means a container, regardless of color; that contains Prohibited Container Contaminants; or, as otherNvise defined in 14 CCR Section 18982(a)(55).
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"C&D'' means construction and demolition debris.
"Designee" means an entity that the City contracts with or otheiNvise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2; or, as otherwise defined in 14 CCR Section 18982(a)(15).
"Edible Food" means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as other ",ise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded.
Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the State Retail Food Code. "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otheriwise defined in 14 CCR Section 18982(a)(19). "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste. and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance; transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City's Enforcement Official's or its Designee's, reasonable opinion would present a significant risk to hurnan health or the enviromnent, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single -Family or Multi-Farnily Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores; or, as other -\vise defined in 14 CCR Section 18982(a)(22).
"Food Facility" has the same meaning as in Section 113789 of the State Health and Safety Code.
"Food Recovery" means actions to collect and distribute food for human consumption that otherNN,ise would be disposed; or, as otherwise defined in 14 CCR Section 18982(a)(24). "Food Recovery Organization," unless otherwise defined in 14 CCR Section 18982(a)(25), means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:
(1) A food bank as defined in Section 113783 of the State Health and Safety Code; -4-
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(2) A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code, and
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food Recovery Service- means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, govennnental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or; as others,, ise defined in 14 CCR Section 18982(a)(27).
"Food -Soiled Paper" means paper material that has come in contact with food or liquid, such as, but not limited to. paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. "Food Waste" means Food Scraps and Food -Soiled Paper.
"Generator" means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste, means a person or entity that is responsible for the initial creation of Organic Waste; or, as otherwise defined in 14 CCR Section 18982(a)(48). "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste (which for Single -Family Generators includes Food Waste). "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or, as other -\{rise defined in 14 CCR Section 18982(a)(30). "Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area; or, as otherivise defined in 14 CCR Section 18982(a)(31.5). "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and -5-
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December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed Waste Organic Collection Stream" as defined in 14 CCR Section 17402(a)(11.5); or, as othernvise defined in 14 CCR Section 18982(a)(33).
"Inspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter; or, as otherwise defined in 14 CCR Section 18982(a)(35). "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38).
"Large Venue," unless otherwise defined in 14 CCR Section 18982(a)(39), means a pennanent venue facility that armually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of the City's regulations related to Solid Waste; or, as othervise defined in 14 CCR Section 18982(a)(40).
"Multi -Family Residential Dwelling(s)" or "Multi -Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi -Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
"MWELO" refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.
"Non-Compostable Paper" includes, but is not limited to; paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41).
"'Non -Local Entity" means the following entities that are not subject to the City's enforcement authority; or, as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located -,within the jurisdictional boundaries of the City; -6-
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(2) Federal facilities, including military installations, located within the jurisdictional boundaries of the City:
(3) Prison(s) located within the jurisdictional boundaries of the City; (4) Facilities operated by the State park system located -within the jurisdictional boundaries of the City;
(5) Public universities (including community colleges) located within the jurisdictional boundaries of the City;
(6) County fairgrounds located within the jurisdictional boundaries of the City; and (7) State agencies located within the jurisdictional boundaries of the City. "NTon-Organic Recyclables" means non-putrescible and non -hazardous recyclable wastes including; but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43).
"Notice of Violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. "Organic Waste" means Solid Waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as othenvise defined in 14 CCR Section 18982(a)(51).
"Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as other- N se defined in 14 CCR Section 18982(a)(54).
"Prohibited Container Contaminants," unless otherwise defined in 14 CCR Section 18982(a)(55), means the following:
(1) Discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container; (2) Discarded materials placed in the Green Container that are not identified by the City as acceptable Source Separated Green Container Organic Waste for the Green Container;
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(3) Discarded materials placed in the Black Container that are identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container or Source Separated Green Container Organic Waste for the Green Container; (4) Discarded materials placed in the BroNian Container that are not identified by the City as acceptable Food Waste for the Brown Container; and (5) Excluded Waste placed in any container.
Nothing in this Chapter shall prevent or prohibit the use of additional containers duly authorized by the City and its Designee for purposes of the storage and collection of Source Separated materials to the extent permitted by SB 1383. "Recovered Organic Waste Products" means products made from landfill diverted recovered Organic Waste processed in a permitted or otherwise authorized facility; or, as otherwise defined in 14 CCR Section 18982(a)(60).
"Recovery" means any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49).
"Recycled -Content Paper" means Paper Products and Printing and Writing Papers that consist of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18983(a)(61).
"Restaurant" means an establislunent primarily engaged in the retail sale of food and drinks for on -premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64).
"Route Review" means a visual hnspection of containers along a Hauler Route for the purpose of deterininin-Container Contamination and may include mechanical Inspection methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(a)(65). "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, Ni-hich added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (connnencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants. "SB 1383 Regulations" means the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR. "Self -Hauler" means a person or entity, who, to the extent authorized by this Code and any collection agreement between the City and a fianchised hauler in effect, and in compliance with all applicable requirements of this Code hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to another person or entity; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self -Hauler also includes a person or entity who Back -Hauls waste. Back -Haul means generating and transporting Organic Waste to a destination owned and operated by the -8-
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Generator using the Generator's own employees and equipment; or, as otheiivise defined in 14 CCR Section 18952(a)(66)(A).
"Single -Family" means of. from, or pertaining to any residential premises with fewer than five (5) units.
"Solid Waste"means, unless otberwise defined in State Public Resources Code Section 40191, all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, delvatered, treated, or chemically fixed sewage sludge, manure, vegetable or animal solid and semi -solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141; (2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and,
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medicalwaste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
"Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials, at the point of generation, by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Black Container Waste or other Solid Waste for the purposes of collection and processing of those materials.
"Source Separated Blue Container Organic Waste" means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the collection of that Organic Waste and Non -Organic Recyclables. Source Separated Blue Container Organic Waste includes plastics, paper products, printing and writing papers, cardboard, glass bottles, jars, and aluminum cans.
Source Separated Blue Container Organic Waste excludes Source Separated Green Container Organic Waste and Food Waste.
"Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is limited to the collection of that Organic -9-
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Waste; or as othenvise specified in 14 CCR 18984.1 (a) and (b). Unless othenvise specified by the City, Source Separated Green Container Organic Wastes excludes Source Separated Blue Container Organic Waste, lion-Compostable Paper; and textiles. In addition, for Single -Family Generators Source Separated Green Container Organic Waste includes Food Waste and for Commercial Businesses, including Multi -Family Residential Dwellings, excludes Food Waste. "Source Separated Recyclable Materials" means Source Separated 'von -Organic Recyclables and Source Separated Blue Container Organic Waste. "State" means the State of California.
"Supermarket" means a full -line, self-sen.ice retail store with gross annual sales of two million dollars (S2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherNvise defined in 14 CCR Section 18982(a)(71).
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following- or, as othevvise defined in 14 CCR Section 18982(a)(73):
(1) Supermarket;
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet; (3) Food Service Provider;
(4) Food Distributor; or,
(5) Wholesale Food Vendor.
"Tier Two Commercial Edible Food Generator" means a Conunercial Edible Food Generator that is one of the following•, or, as otherwise defined in 14 CCR Section 18982(a)(74):
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
(2) Hotel with an on -site Food Facility and 200 or more rooms; (3) Health facility with an on -site Food Facility and 100 or more beds; (4) Large Venue;
(5) Large Event;
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or
(7) A Local Education Agency facility with an on -site Food Facility. -10-
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" iNllolesale Food Vendor" means a business or establislunent engaged in the merchant wholesale distribution of food, tvliere food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse. distributor, or other destination; or, as otheiivise defined in 14 CCR Section 189852(a)(76).
8.29.020 Scope of Chapter
Organic Waste Generators, haulers and other entities that are subject to the requirements of SB 1383 and the SB 1383 Regulations and the City's authority shall fully comply with all applicable requirements of SB 1383, the SB 1383 Regulations, this Chapter, and the provisions of any collection agreement between the City and a franchised hauler in effect. In the event of a conflict between the provisions of this Chapter and other provisions of this Code, the provisions of this Chapter shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this Chapter, the SB 1383 Regulations shall control.
8.29.030 Requirements for Single -Family Organic Waste Generators Single -Family Organic Waste Generators shall comply with the following requirements, except Single -Family Generators that meet the Self -Hauler requirements of this Code:
(a) Subscribe to the City's three -container Organic Waste collection services for all Organic Waste generated as described in subssection (b) of this section. The City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single -Family Generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, andlor using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Participate in the City's Organic Waste collection services by placing designated materials in designated containers as described in this subsection and shall not place Prohibited Container Containinants in collection containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (Nvhich includes Source Separated Non -Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Green Container or Blue Container.
8.29.040 Requirements for Commercial Businesses Organic Waste Generators Commercial Businesses, including Multi -Family Residential Dwellings, shall comply with the following requirements:
(a) Except for Coirunercial Businesses that meet the Self -Hauler requirements of this Code, Commercial Businesses, including Multi -Family Residential Dwellings, shall subscribe to the City's four -container Organic Waste collection services and coinply with requirements of those services as described below in subsection (b) of this section. The City shall have -11-
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the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and contairunent of materials. Commercial Businesses shall adjust their service level for their collection services as requested by the City or its Designee. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste; managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Except for Connrnercial Businesses that meet the Self -Hauler requirements of this Code, Commercial Businesses, including Multi -Family Residential Dwellings, shall participate in the City's Organic Waste collection services by placing designated materials in designated containers as described in this subsection, and not placing Prohibited Container Contaminants in containers. Generators shall place Source Separated Food Waste in the Brown Container; Source Separated Green Container Organic Waste (which excludes Food Waste) in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non -Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Green Container, Brown Container, or Blue Container.
NNothing in this Chapter shall prevent or prohibit the use of additional containers duly authorized by the City and its Designee for purposes of Source Separated materials to the extent permitted by SB 1383.
(c) Commercial Businesses, except for Multi -Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste, Source Separated Food Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. if a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the Organic Waste collection services provided by the City. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container; or as otherwise provided in 14 CCR Section 18984.8.
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(d) Commercial Businesses, including Multi -Family Residential Dwellings. shall supply and allow access to adequate number. size and location of collection containers Nvith sufficient labels or colors (conforining to subsections (c)(1) and (c)(2) above) for employees, contractors, tenants, and customers, consistent with the City's collection services and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR. (e) Commercial Businesses; except for Multi -Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the City's Solid Waste collection services.
(f) Commercial Businesses, except for Multi -Family Residential Dwellings, shall periodically inspect containers for Prohibited Container Contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(g) Conunercial Businesses, including Multi -Family Residential Dwellings, shall annually provide informmation to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Waste, including Food Waste, and Source Separated Recyclable Materials. (h) Commercial Businesses, including Multi -Family Residential Dwellings, shall provide information as described in subsection (g) of this Section before or within fourteen (14) days of occupation of the premises to new tenants.
(i) Cornrmercial Businesses, including Multi -Family Residential Dwellings, shall provide or arrange access for the City or its Designee to their properties during all Inspections conducted in accordance with this Chapter 8.29 to confirm compliance with the requirements of this Section.
(j} Commercial Businesses, including Multi -Family Residential Dwellings, if generating two (2) cubic yards or more of total Solid Waste per week (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the Commercial Business and a gardening or landscaping service specify that the Organic Waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the State Public Resources Code. (k) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.29.060. (1) Nothing in this Section shall be construed as classifying customers as commercial, residential, single-family, or multi -family dwellings for purposes of implementing a collection agreement between the City and a franchised hauler. -13-
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S.29.050 NV'aivers for Generators
The City, at its discretion and in accordance with 14 CCR Section 18984.11. or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a Generator of Organic Waste:
(a) De Minimis Waivers. The City may waive a Conunercial Business' (including Multi - Family Residential Dwellings) obligations to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation, or the City has evidence demonstrating, that the business generates below a certain amount of Organic Waste material as described below in subsection (a)(2). Coininercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specif},-ing the services that they are requesting a waiver from and provide documentation as noted in subsection (a)(2) below. (2) Provide documentation that either:
(A) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container, Green Container; or Brown Container comprises less than 20 gallons per week per applicable container of the business' total waste; or, (B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container, Green Container or Brown Container comprises less than 10 gallons per week per applicable container of the business' total waste. (3) Notify the City if circumstances change such that the Commercial Business' Organic Waste exceeds the thresholds required for waiver; in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a Commercial Business that has received a waiver is exceeding the Organic Wastethresholds set forth in subsection (a)(2) above, the City shall rescind the waiver. (4) Provide written verification of eligibility for a de minimis waiver eveiy 5 years if the City has approved a de minimis waiver.
(b) Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi -Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements of this Chapter if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter.
Commercial Businesses or property owners requesting a physical space waiver shall:
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(1) Submit an application form specifying the type(s) of collection service(s) for Avhich they are requesting a compliance waiver and provide documentation as noted below.
(2) Provide documentation that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8.29.030 or 8.29.040, as applicable, including documentation from its hauler, licensed architect, or licensed engineer.
(3) Notify the City if circumstances change such that Commercial Business or property owner has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8.29.030 or 8.29.040, as applicable, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a Commercial Business or property owner has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8.29.030 or 8.29.040, as applicable, the City shall rescind the waiver.
(4) Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver.
8.29.060 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section conunencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply with the requirements of this Section conunencing January 1.'1024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators, not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section. commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
(A) the collection of Edible Food for Food Recovery; or, (B) acceptance of the Edible Food that the Commercial Edible Food Generator self -hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
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(4) Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as other -\vise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or ,vritten agreement established under 14 CCR Section 189913(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 189913(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self -hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self -hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self -hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) No later than March 3151 of each year, commencing no later than February 1, 2023, for Tier One Commercial Edible Foods Generators and February 1, 2025 for Tier Two Commercial Edible Food Generators, Commercial Edible Food Generators shall submit a Food Recovery report for the period covering the entire previous calendar year, to the City, that includes the following information:
(1) A copy of all contracts or written agreements established under 14 CCR Section 18991.3 (b).
(2) The quantity of food, measured in annual pounds recovered, collected or self - hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(3) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(4) Any additional information required by the City or the City's Designee. -16-
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(e) 'Nothing in this Chapter shall be construed to limit or conflict «-ith the protections provided by the Califorua Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act; or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.)
8.29.070 Requirements for Food Recovery Organizations and Services (a) Food Recovery Services collecting or receiving Edible Food directly from Conunercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as othemti ise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator fi-om which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Cornrnercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commnercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established -17-
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a contract or Nvritten agreement with pursuant to 14 CCR Section 18991.3(b) no later than February 1"t annually, commencing on February 1, 2023.
(d) Food Recovery Organizations and Food Recovery Services shall inform Generators about State and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(e) Food Recovery Capacity Planning --Food Recovery Services and Food Recovery Organizations.
In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County. City, or Designee, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the City.
8.29.080 Requirements for Exclusive Franchise Haulers, Facility Operators and Community Composting Operations
(a) Exclusive franchised haulers providing residential, Conunercial, or industrial Organic Waste collection services to Generators within the City's boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 and the following requirements as conditions of approval of contract, agreement, or other authorization to collect Organic Waste:
(1) Provide written notice to the City starting July 1, 2022, and annually thereafter on each July 1 pursuant to 14 CCR 18988.1(a)(1) or as facilities change of the facilities to -,vhicb they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste and Food Waste.
(2) Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.
(3) Transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (4) Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City. (b) Subsection (a) of this section is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public -1$-
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Resources Code, is transporting Source Separated Organic Waste to a Community Composting site or to a hauler that is lawfully transporting CB.D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code, including Chapter
8.26. (c) Requirements for Facility Operators and Community Composting Operations. (1) Owners of facilities, operations, and activities that recover Organic Waste; including, but not limited to, Compost facilities, in -vessel digestion facilities, and publicly -owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including inforirration about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
(2) Community Composting operators in the City, upon the City's request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Conmzunity Composting operation. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
8.29.090 Self -Hauler Requirements
In addition to any other requirements for Self -Haulers as contained in this Code:
(a) Self -Haulers shall source separate all recyclable materials and Organic Waste (materials that the Citv otherwise requires Generators to separate for collection in the City's organics and recycling collection prograin) generated on -site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul Organic Waste to a High Diversion Waste Processing Facility as specified in 14 CCR Section 18988.3. (b) Self -Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self -Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Self -Haulers that are Commercial Businesses (including Multi -Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
(1) Delivery receipts and w eight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the Generator to each entity.
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(3) if the material is transported to an entity that does not have scales on -site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self -Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self -Haulers that are Commercial Businesses (including Multi -Family Self -Haulers) shall provide information collected in subsection (c) of this section to the City, if requested.
8.29.100 Compliance -tith CALGreen Recycling Requirements (a) In addition to any other requirements of this Code, the following requirements also apply:
(1) For projects covered by the Califomia Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the City's permit approval, comply with the following:
(A) Where five (5) or more Multi -Family dwelling units are constructed on a building site, provide readily accessible areas that seive occupants of all buildings on the site and are identified for the storage and collection of materials, consistent with the four -container collection program offered by the City, or comply with provision of adequate space for recycling for Multi -Family and Commercial premises pursuant to Sections 4.408.1.
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
(B) Where new commercial construction or additions will result in more than 30% of the floor area, provide readily accessible areas identified for the storage and collection of materials, consistent Ni,ith the four -container collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi -Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the Califorlia Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
(b) Comply with the requirements of 24 CCR Sections 4.408.1 and 5.408.1. as amended July 1, 2019, and effective January 1, 2020, and written City policies, ordinances, and/or administrative guidelines regarding the management, collection, recycling, diversion, tracking, and/or reporting of C&D, including Chapter 8.26 (Diversion of C&D Waste) of Title 8 of this Code.
8.29.110 Model Water Efficient Landscaping Ordinance Requirements In addition to any requirements set forth in Yucaipa Development Code Chapter 4 of Division 10, property owners or their building or landscape designers, including anyone requiring a building or planning permit; plan check, or landscape design review from the City, Nvho are constructing a ne«J (single-family, multi -family, public, institutional, or commercial) project with -20-
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a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply \vith Sections 492.6(a)(3)(b) (c), (d), and (g) of the *1N4WELO, including sections related to use of compost and mulch, as amended September 15, 2015.
8.29.120 Procurement Requirements for Direct Service Providers and Vendors Direct service providers to the City and all vendors providing Paper Products and Printing and Writing Papers to the City shall comply with the City's policy or policies regarding Recovered Organic Waste Product procurement, including Recycled -Content Paper procurement.
8.29.130 Inspections and Investigations by the Cite
(a) City representatives and./or its designated entity, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confine compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi -Family Residential Dxvellings), property owners, Commmercial Edible Food Generators, haulers, Self -Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws and the provisions of any collection agreement with a franchised hauler in effect. This Section does not allow the City, its Designees or agents to enter the interior of a private residential property for inspection.
(b) A regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City representative and/or its designated entity, including Designee, during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for:
(1) access to an entity's premises; or
(2) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described herein. (c) The City shall receive wiitten complaints from persons regarding an entity that may be potentially non -compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3.
8.29.140 Enforcement
(a) Violation of any provision of this Chapter that occurs on or after January 1, 2024, shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City Enforcement Official in accordance with 14 CCR Section 18995.4. Enforcement Actions under this Chapter include, but are not limited to, issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative -21-
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fines set forth in Chapter 1.13 of this Code are hereby incorporated in their entirety. as modified from time to time, and shall govern the imposition. enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter. Other remedies allowed by law may be used; including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the State courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
The provisions of subsection (a) do not apply to violations related to a Generator placing Prohibited Container Contaminants in containers; -'which the City's Enforcement Official and/or the City's Designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b) and the contamination processing fees pursuant to the provisions of the applicable collection agreement between the City and a franchised hauler. (b) Enforcement pursuant to this Chapter 8.29 may be undertaken by the City Enforcement Official or his/her designee, provided that nothing in this Chapter 8.29 delegates the authority of the City to impose civil penalties or to maintain an action to impose civil penalties to a private entity.
(c) Process for Enforcement
(1) The City Enforcement Official or lusiher designee will monitor compliance with this Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 8.29.130 establishes the City's right to conduct Inspections and investigations. (2) The City may issue an official notification to notify regulated entities of their obligations under- this Chapter.
(3) With the exception of Container Contamination violations, the City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. (4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall continence an Enforcement Action to impose penalties, via an administrative citation and fine.
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information. (d) Penalty Amounts for Types of Violations.
For the purposes of this Chapter, the penalty levels for violations of the provisions of this Chapter are as follows:
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(1) For a first violation, the penalty shall be S100 per violation. (2) For a second violation, the penalty shall be S200 per violation. (3) For a third or subsequent violation, the penalty shall be S500 per violation. (e) Compliance Deadline Extension Considerations.
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires. flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other governnent agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(f) Education Period for Dion -Compliance.
Begirming January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this Chapter, and if the City determines that an Organic Waste Generator, Self -Hauler, Hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024."
SECTION 2. CEQA. The City Council finds that this Ordinance is exempt from the California Emdronrnerrtal Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the erihanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision; sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section; subsection, subdivision, sentence, clause; phrase, or portion Reviewed by RWG - 10070-0001\2597586v3.doc
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thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences. clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 5. PUBLICATION. The City Clerk is hereby directed to cause the following sununary of this Ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "The Ordinance No. 403 adds a new Chapter 8.29 entitled "Mandatory Organic Waste Disposal Reduction" to Title 8 (Health and Safety) of the Yucaipa Municipal Code. The Ordinance will be effective and amendments to the Municipal Code will become operative thirty (30) days after its passage.
Pursuant to Senate Bill 1383 ("SB 1383"), the California Department of Resources Recycling and Recovery ("CalRecycle") developed regulations ("SB 1383 Regulations") to reduce organics in landfills as a source of methane. The SB 1383 Regulations impose requirements on cities to adopt and enforce an ordinance to implement relevant provisions of the SB 1383 Regulations. As such, this Ordinance adopts requirements for (1) mandatory organic waste disposal reductions for single- family, multi -family, and commercial business organic waste generators, (2) conunercial edible food generators, (3) food recovery organizations and services, (4) haulers (including self -haulers and haulers that are solid waste enterprises), facility operators, and community composting organizations, (5) direct service providers and vendors regarding recovered organic waste product procurement, (6) compliance with the State Model water Efficient Landscape Ordinance (23 California Code of Regulations, Division 2, Chapter 2.7), (7) compliance with the State California Green Building Standards Code (14 California Code of Regulations Part 11), and (8) inspections, investigations, and enforcement by the City."
PASSED, APPROVED and ADOPTED on this day of 2022.
Mayor
ATTEST:
Jennifer Crawford
Assistant City Manager/City Clerk
APPROVED AS TO FORM:
David M. Snow, City Attorney
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