Loading...
(Added by Ord. No. 187,711, Eff. 1/18/23.)
(a) A Tier One Commercial Edible Food Generator must comply with the requirements of this section beginning January 1, 2022, and a Tier Two Commercial Edible Food Generator must comply beginning January 1, 2024.
(b) A Large Venue or Large Event operator not providing food services, but allowing for food to be provided by others, shall require any Food Facility or Food Service Provider operating at the Large Venue or Large Event to comply with the requirements of this section, beginning January 1, 2024.
(c) A Commercial Edible Food Generator shall:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be discarded.
(2) Contract with or enter into a written agreement with a Food Recovery Organization or Food Recovery Service for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Organization, Food Recovery Service, or other entity that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each Food Recovery Service, Food Recovery Organization, or other entity listed pursuant to Subsection 66.04(c)(4)(A):
(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 selfhauled 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 by or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(5) Submit reports as required by the Enforcement Agency, on provided forms, documenting the quantity of food, measured in pounds, recovered by, collected by, or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery, and including other information as listed on the Enforcement Agency website.
(d) Nothing in this section requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
(e) Nothing in this section shall 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 Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, adding Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and amending Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded, and replaced from time to time).
(Added by Ord. No. 187,711, Eff. 1/18/23.)
(a) A Food Recovery Service collecting or receiving Edible Food directly from a Commercial Edible Food Generator located within the City, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records specified by 14 CCR Section 18991.5(a)(1).
(b) A Food Recovery Organization collecting or receiving Edible Food directly from a Commercial Edible Food Generator located within the City, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records as specified by 14 CCR Section 18991.5(a)(2).
(c) A Food Recovery Service or Food Recovery Organization that has its primary address physically located in the City and contracts with or has written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report annually, by April 1, to the Enforcement Agency the total pounds of Edible Food recovered in the previous calendar year from any Tier One and Tier Two Commercial Edible Food Generator with which the Food Recovery Organization or Food Recovery Service had established a contract or written agreement pursuant to 14 CCR Section 18991.3(b), on forms provided by the Enforcement Agency.
(d) A Food Recovery Service or Food Recovery Organization operating in the City shall provide information and consultation to the City, upon the City’s 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.
(Added by Ord. No. 187,711, Eff. 1/18/23.)
(a) A City representative and/or designee is authorized to conduct an Inspection and investigation, at random or otherwise, to confirm compliance with this article by any Organic Waste Generator, Commercial Establishment (including a Multi-family Dwelling), property owner, Commercial Edible Food Generator, hauler, Self- Hauler, Food Recovery Service, and Food Recovery Organization, subject to applicable laws.
(1) The City shall seek consent for an Inspection or investigation from the Person, property owner, facility owner, manager, or other individual at the premises who has, claims to have, or appears to have the authority to grant consent to an Inspection.
(2) A consenting Person, facility, or regulated entity shall provide or arrange for access during an Inspection and shall cooperate with the City’s representative or its designee during such Inspection or investigation.
(3) This section does not allow entry inside a private residence for Inspection.
(4) The scope of an Inspection or investigation may include confirmation of proper placement of materials in containers; evaluation of Edible Food Recovery activities; review of written agreements and records; examination of collection vehicle loads; assessment of materials collected from generators during their transfer or processing, or at the disposal facility; review of Source-Separated materials; or Inspection or investigation of compliance with any other requirement of this article.
(5) If the Person, facility, or regulated entity does not consent to an Inspection, then the Person, facility, or regulated entity shall be rebuttably presumed not to be in compliance with the requirements of this article. The Person, facility, or regulated entity can rebut this presumption by proving compliance with this article. Evidence of such compliance may include, for example, confirmation of proper placement of materials in containers, demonstration of Edible Food Recovery activities, furnishing proof of subscription to Organic Waste services, etc.
(b) Failure to demonstrate compliance with the requirements of this article and/or failure to rebut the presumption of noncompliance may result in penalties described in Section 66.07 of this Code.
(c) Any records obtained by the City during its Inspection or investigation shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.
(Added by Ord. No. 187,711, Eff. 1/18/23.)
(a) Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and/or Enforcement Action.
(b) Enforcement pursuant to this article may be undertaken by the Director or designee.
(c) The Person, facility, or regulated entity issued a notice of violation shall comply by the compliance date on the notice of violation, or within 60 calendar days, whichever is earlier.
(d) Absent timely compliance with the deadline set forth in the notice of violation or 60 calendar days, whichever is earlier, by the Person, facility, or regulated entity subject to enforcement, the City shall commence an action to impose civil penalties in accordance with Subsection (e).
(e) Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Commercial Establishment (including a Multi-family Dwelling), property owner, Commercial Edible Food Generator, hauler, Self- Hauler, Food Recovery Service, or Food Recovery Organization is not in compliance with the requirements in this article, the City shall document the noncompliance or violation, issue a notice of violation, and take Enforcement Action as detailed in this section.
(2) The penalties are as follows:
(A) For a first violation, the penalty shall be $50.
(B) For a second violation, the penalty shall be $100.
(C) For a third or subsequent violation, the penalty shall be $250 per violation.
(f) The City may extend the compliance deadlines set forth in the notice of violation if it finds extenuating circumstances beyond the control of the Person, facility, or regulated entity subject to the notice of violation making timely compliance 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 government agency approvals; or
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity while the City is under a corrective action plan pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(g) Appeals of Penalty.
(1) If a Person, facility, or regulated entity is issued a penalty pursuant to Subsection (e) and believes that the penalty was issued in error or that the penalty was excessive, the Person, facility, or regulated entity may appeal by filing, within 30 days of the mailing of the notice of penalty, a written request for a hearing before the Board. If the Board does not receive a written request for a hearing by this deadline, the penalty shall be deemed final and no administrative relief can be obtained.
(2) If the Person, facility, or regulated entity timely appeals pursuant to the provisions of Subdivision (1) of this subsection, the penalty that is the subject of the appeal shall be stayed pending a hearing before the Board.
(3) After receipt of a written request for a hearing filed in compliance with Subdivision (1) of this subsection, the Board will agendize the matter as soon as the Board deems practicable. At the Board hearing, the Board shall hear testimony of the appellant, if offered, a Bureau representative, and others whose testimony it deems relevant. The appellant shall have the burden of proof and may present evidence on the appellant’s behalf. Upon conclusion of the hearing, the Board shall issue a verbal or written decision. The Board may affirm the penalty or cancel it. If the Board affirms the penalty, the amount affirmed shall be owed thirty (30) days after issuance of the Board’s decision, unless the Board decides otherwise. Once the Board issues a decision, the matter is final, and the City will provide no further administrative relief.
(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)
Should the City at any time award a franchise or contract for the disposal of solid waste, then no person, other than the franchisee or contractor, shall thereafter be permitted to provide services covered by such franchise or contract within the granted franchise or contract area except as otherwise permitted by the Board.
(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)
(a) It is unlawful for any person to own, establish, operate or carry on the business of a solid waste disposal facility in the City unless, at the City’s sole option, such person has been granted a non-exclusive franchise by the City Council.
(b) Subsection (a) does not apply to any person who owns or operates a solid waste disposal facility operating as of January 1, 1999, under a valid conditional use permit or other authorizing permit issued by the City, until any one of the following events occurs:
(1) the conditional use permit or other authorizing permit expires, or
(2) the conditional use permit or other authorizing permit is renewed, or
(3) the conditional use permit or other authorizing permit is modified.
(Title Amended by Ord. No. 182,986, Eff. 5/28/14.)
(a) All franchises granted to persons pursuant to this division shall be non-exclusive.
(b) All franchises shall be subject to the terms and conditions specified in this article, in the agreement, and in all other applicable federal, state and local laws and regulations including the Los Angeles Administrative Code.
(c) In granting any franchise, the Council may prescribe additional terms and conditions not in conflict with the City Charter, the City Administrative Code, or this division.
Loading...