(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, its designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the city may conduct container inspections, including using remote monitoring if available, for prohibited container contaminants.
(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;
(2) Installation and operation of remote monitoring equipment if available; or
(3) Access to records for any inspection or investigation
is a violation of this chapter and may result in penalties described herein.
(C) Any records obtained by the city during its inspections, remote monitoring if applicable, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal. Gov’t Code §§ 6250 et seq.
(D) The city’s representatives, its designees and agents are authorized to conduct any inspections, remote monitoring (if available), or other investigations as reasonably necessary to further the goals of this chapter , subject to applicable laws.
(E) The city shall receive written 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 § 18995.3.
(Ord. 2021-11 § 1 (part), 2021)