(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 confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city, or its designee, to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with § 6.18.030(B) of this chapter, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to § 6.18.030(K) of this chapter.
(B) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/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: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment (optional); or (iii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
(C) Any records obtained by the city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal. Government Code § 6250 et seq.
(D) City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(E) The city shall receive written complaints, by regular mail or electronic mail, from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints. Written complaints should be addressed to the Management Services Department. Written complaints should include the following information:
(1) If the complaint is not anonymous, the name and contact information of the complainant;
(2) The identity of the alleged violator, if known;
(3) A description of the alleged violation including location(s) and all other relevant facts known to the complainant;
(4) Any relevant photographic or documentary evidence to support the allegations in the complaint; and
(5) The identity of any witnesses, if known.
(Ord. 4787, passed 5-24-21)