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(A) The city has broad authority to enforce the provisions of this chapter including, but not limited to, issuance of a citation, a notice of violation, a notice to abate, an administrative fine, or a declaration of nuisance.
(B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently substantial number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources. The city may record any notices as liens against the subject property.
(C) Responsible entity for enforcement. Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official or their designee and the City Attorney.
(D) Process for enforcement.
(1) The City Enforcement Official and/or their designee will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. The city may issue an official notification to notify regulated entities of its obligations under this chapter. The City Enforcement Official and/or their designee will issue a notice of violation requiring compliance within 60 days of issuance of the notice.
(2) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city will commence an action to impose penalties, via an administrative citation and fine, pursuant to the city fine guidelines at the city's discretion. Notices will be sent to the "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.
(3) Property owners in the city are responsible for violations caused by tenants.
(E) Penalty amounts for types of violations. The penalty amounts for types of violation will be consistent with the City of Eureka's Code § 10.99 and the city may update the penalty amounts, procedures and process from time to time to ensure compliance with this chapter.
(F) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the city's procedures in the city's codes for appeals of administrative citations § 10.47. The city will appoint a hearing officer who will conduct the hearing and issue a final written order. Any affected person who is dissatisfied with the determination of the City Manager may appeal the same to the City Council.
(G) Education period for non-compliance. Beginning January 1, 2023 and through December 31, 2023, the city or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance; and if the city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it will provide educational materials to the entity describing its obligations under this chapter.
(H) Civil penalties for non-compliance. Beginning January 1, 2024, if the city and/or designee determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it will document the noncompliance or violation, issue a notice of violation, and take enforcement action.
(I) Fee disputes; limitations on time to challenge. Any subscriber that disputes for any reason a fee or charge imposed under the authority of this chapter may seek review of that fee as set forth in this section. Any and all fee disputes must be filed no later than 30 days after the fee or charge is assessed. If an appeal is not filed within 30 days, the fee or charge is final, unappealable, fully due and payable, and subject to all applicable collection and lien remedies.
(Ord. 943-C.S., passed 2-21-23)
(A) Requirements for all haulers providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries will meet the following requirements consistent with the franchise agreement(s), contract(s), agreement(s), or other authorization by the city to operate within the city:
(1) Through written notice to the city annually on or before May 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, materials and source separated green container organic waste.
(2) Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(3) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting c and d in a manner that complies with 14 CCR § 18989.1 and any additional city requirements.
(4) Comply with the SB 1383 regulation requirements as detailed and required by the city in related franchise agreement, contracts, or other authorization to meet these requirements for the following: collection container requirements, collection container color, collection container labeling, outreach and education, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into and approved by the city.
(B) Requirements for facility operators and community composting operations.
(1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works will, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city must respond within 60 days.
(2) Community composting operators, upon jurisdiction request, must provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city must respond within 60 days.
(Ord. 943-C.S., passed 2-21-23)
(A) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2023, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3.
(B) Large venue or large event operators not providing food services, but allowing for food to be provided by others, will require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
(C) Tier one and tier two commercial edible food generators will comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.
(2) Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in the requirements for food recovery organizations and food recovery services section of this chapter to contract with, or otherwise enter into a written agreement with food recovery organizations or food recovery services for:
(a) The collection of edible food for edible food recovery from the tier one or tier two commercial edible food generator's premises; or
(b) The acceptance of edible food that the tier one or tier two commercial edible food generator self-hauls to the food recovery organization.
(3) Will not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4) Allow the city's edible food recovery designee for edible food recovery to access the premises, inspect procedures, and review records related to edible food recovery and/or provide them electronically if requested by the city or the designee for edible food recovery.
(5) Register with the County of Humboldt Division of Environmental Health as an edible food generator. Commercial edible food generator registration will require an annual fee in an amount to cover costs, as set by resolution or ordinance of the Humboldt County Board of Supervisors. No part of the registration fee shall be refundable.
(6) Submit to annual inspection by the County of Humboldt Division of Environmental Health for compliance with this section.
(7) Keep records that include the following information:
(a) A list of each food recovery organization or a food recovery service that collects or receives edible food from the tier one or tier two commercial edible food generator pursuant to a contract or written agreement as required by this chapter.
(b) A copy of all contracts or written agreements established under the provisions of this chapter.
(c) A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address and contact information of the food recovery service or food recovery organization.
2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
3. The established schedule or frequency that food will be collected or self-hauled.
4. 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) Nothing in this chapter should be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017), as amended from time to time.
(Ord. 943-C.S., passed 2-21-23; Am. Ord. 957-C.S., passed 11-5-24)
(A) (1) Food recovery services operating in the city and collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators via a contract or written agreement established under the requirements of this chapter will maintain the following records:
(a) The name, address, and contact information for each tier one and tier two commercial edible food generator from which the service collects edible food.
(b) The quantity in pounds of edible food by type collected from each tier one and tier two commercial edible food generator per month.
(c) The quantity in pounds of edible food by type transported to each food recovery organization or redistribution site per month.
(d) The name, address, and contact information for each food recovery organization or redistribution site that the food recovery service transports edible food to for edible food recovery.
(2) Food recovery organizations operating in the city and collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators via a contract or written agreement established under the requirements of this subchapter, or receiving edible food from food recovery services or from other food recovery organizations, will maintain the following records:
(a) The name, address, and contact information for each tier one and tier two commercial edible food generator, food recovery service, or other food recovery organization from which the organization collects or receives edible food.
(b) The quantity in pounds of edible food by type collected or received from each tier one or tier two commercial edible food generator, food recovery service, or other food recovery organization per month.
(c) The name, address, and contact information for other food recovery organizations or redistribution sites that the food recovery organization transports edible food to for edible food recovery.
(B) Commencing no later than July 1, 2023, food recovery organizations and food recovery services operating in the city and collecting or receiving edible food from tier one and tier two commercial edible food generators or any other source will report to the city and the city's edible food recovery designee for edible food recovery the following: a detailed edible food activity report of the information collected as required under this subchapter, including weight in pounds by type and source of edible food, the schedule/frequency of pickups/drop-offs of edible food from/to each edible food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support edible food recovery efforts, such as training, staffing, refrigeration, vehicles, and the like, and an up to date list of tier one and tier two commercial edible food generators with whom they have contracts or agreements established as required under this chapter.
(C) In order to provide the required records to the state, the city, and the city's edible food recovery designee for edible food recovery, and tier one or tier two commercial edible food generators, contracts between food recovery organizations and food recovery services operating in the city and tier one and tier two commercial edible food generators will use the CalRecycle model food recovery agreement and include a clause requiring the food recovery organization or food recovery service to report to the tier one and tier two commercial edible food generators with whom they have contracts the annual amount of edible food recovered and to inform them of the tax benefits available to those who donate edible food to non-profits.
(D) Food recovery capacity planning. To support edible food recovery capacity planning assessments or other such studies, food recovery services and food recovery organizations operating in the city will provide information and consultation to the county and its designee for edible food recovery upon request, regarding existing, or proposed new or expanded, edible food recovery capacity that could be accessed by the city and its tier one and tier two commercial edible food generators. A food recovery service or food recovery organization contacted by the city, or its designee for edible food recovery will respond to such requests for information within 60 days.
(E) The city's enforcement entity and or the city's designee for edible food recovery shall be allowed to access the premises, inspect procedures, and review records related to edible food recovery and/or provide them electronically if requested by the city or the designee for edible food recovery.
(Ord. 943-C.S., passed 2-21-23)
City departments must comply with the recovered organic waste product procurement requirements and recycled-content paper procurement requirements per SB 1383 regulations (14 CCR, Division 7, Chapter 12, Article 12). The city will:
(A) Purchase recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items;
(B) Provide paper products and printing and writing paper that meet federal trade commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) § 260.12. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the jurisdiction. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website;
(C) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) § 260.12 (2013); and
(D) Provide records to the city's recordkeeping designee, in accordance with the city's procurement of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records will include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in § 51.15(B)(3) and (B)(4) for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products.
(Ord. 943-C.S., passed 2-21-23)