(A) Beginning January 1, 2022 and through December 31, 2023, the Town will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with the SB 1383 regulations, and if the town 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 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.
(B) The Director is authorized to administer and enforce the provisions of this § 8.08.130, beginning with § 8.08.130-1 and following. The Director or anyone designated by the Director to be an enforcement officer may exercise such enforcement powers. To the extent permitted by law, the Director, authorized collector, or town's designee is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. For the purposes of inspecting collection containers for compliance, the town or authorized collector may conduct container inspections for prohibited container contaminants using remote monitoring, and generators shall accommodate and cooperate with the remote monitoring. A commercial business (excluding private residential dwelling units) shall cooperate with the town or authorized collector during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (iii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties. Nothing herein shall be read or interpreted to restrict franchisee/authorized collector from conducting curbside audits of residential or commercial containers that have been set out for collection.
(C) Any records obtained by the town, authorized collector, or town's designee during inspections, investigations, remote monitoring and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Cal. Gov’t Code §§ 6250 et seq.
(D) Unless otherwise expressly provided by the town's Code, any person adversely and directly affected by any determination made or action taken by the Director pursuant to the provisions of this section may file an administrative appeal. If no appeal is filed within the time prescribed and consistent with the town's procedures in the town's Code, the determination or action of the Director shall be final.
(E) Incremental notification and enforcement.
(1) If an authorized collector first finds prohibited container contaminants in a collection container, it shall notify the generator by written notice attached to the collection container identifying the prohibited container contaminants and describing what action must be taken for the materials to be collected.
(2) If an authorized collector finds prohibited container contaminants in a collection container a second time, they shall notify the generator by a written "second notice" attached to the collection container and identifying the prohibited container contaminants and describing what action must be taken for the materials to be collected.
(3) After an authorized collector has already left two or more notices for that customer and that type of collection container, the authorized collector may refuse to empty the container if prohibited container contaminants are found a third time, subject to 14 CCR Section 17331, or as determined by the Director. If the collection container is not emptied, the authorized collector must leave a tag and send a written notice to the generator, identifying the prohibited container contaminants and describing what action must be taken for the materials to be collected; provided, however, that an authorized collector may not refuse on this basis to empty collection containers from a multi-family residential dwelling or other commercial premise with multiple tenants and joint account collection service due to prohibited container contaminants, but may manage contaminated loads as garbage and charge the generators accordingly.
(4) The authorized collector shall, in addition to the above, upon request, provide to the Director a list of the names and addresses of those generators who have received tags or notices or whose collection containers have not been emptied due to non-compliance with this section, and copies of the tags or notices. The authorized collector shall also provide to the Director, upon request, a list of the names, addresses, and service levels of the generators and any additional information required by the Director.
(5) A violation of any provision of this chapter shall constitute an infraction and will be grounds for issuance of a notice of violation and assessment of an administrative citation and penalty by the town's enforcement officer or its designated enforcement agency.
(6) Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The town's procedures on imposition of administrative citations and fines as contained in Municipal Code Chapter 1.08, 1.10, 1.12 and 1.16 shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter. Any section of this chapter may be enforced by the town or, if agreed to, by its designated enforcement agency.
(7) A violation may be punishable by:
(a) A fine not exceeding $100 for a first violation;
(b) A fine not exceeding $200 for a second violation of the same provision of this code within any 12 consecutive month period;
(c) A fine not exceeding $500 for each additional violation of the same provision of this code within any 12 consecutive month period. Any citation issued after the issuance of a third citation or violation of the same provision of this code within any 12 consecutive month period may be charged as a misdemeanor pursuant to the provisions of Chapter 1.08 of this code.
(8) The town or designated enforcement agency may issue a notice of violation requiring compliance within 60 days or sooner of issuance of the notice.
(9) Absent compliance by the respondent within the deadline set forth in the notice of violation, the town or designated enforcement agency may commence an action to impose penalties, via an administrative citation and fine, pursuant to the town's standard procedures or the standard procedures of its designated enforcement agency.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)