Sections:
8.28.010 Findings and purpose.
8.28.020 Authorization.
8.28.030 Definitions.
8.28.040 Non-delegable responsibilities.
8.28.050 Requirements for single- family organic waste generators.
8.28.060 Requirements for commercial organic waste generators.
8.28.070 Waivers for generators.
8.28.080 Requirements for commercial edible food generators.
8.28.090 Requirements for food recovery organizations and services.
8.28.100 Requirements for haulers, facility operators and community composting operations.
8.28.110 Self-hauler requirements.
8.28.120 Compliance with CALGreen recycling requirements.
8.28.130 Model water efficient landscaping ordinance requirements.
8.28.140 Procurement requirements for direct service providers and vendors.
8.28.150 Inspections and investigations by the city.
8.28.160 Enforcement; unlawful and prohibited acts—removal of refuse.
8.28.170 Enforcement.
The City of Murrieta finds and declares the following:
A. Assembly Bill (“AB”) 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time), requires the city to reduce, reuse, and recycle (including composting), solid waste generated in the city to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. AB 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses, and Multi-Family property owners, that generate a specified threshold amount of solid waste to arrange for recycling services and requires the city to implement a mandatory commercial recycling program.
C. AB 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses, and multi-family property owners, that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the city to implement a recycling program to divert organic waste from such businesses subject to the law.
D. Senate Bill (“SB”) 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 (“SB 1383 Regulations”), place requirements on multiple entities including counties and cities; single-family residential households; commercial businesses, including multi-family property owners; commercial edible food generators, haulers, including self haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets. The SB 1383 Regulations further require the city to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.
E. This chapter implements the requirements of the SB 1383 Regulations and helps reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed of, be recovered for human consumption.
F. The requirements in this chapter are consistent with other adopted goals and policies of the City of Murrieta.
(Ord. 575 § 2, 2022)
The city is hereby authorized to make any determinations, or undertake or arrange for any programs or activities requirement to implement and enforce the SB 1383 Regulations. The SB 1383 Regulations are hereby incorporated into this chapter in their entirety as if fully set forth herein.
(Ord. 575 § 2, 2022)
For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this code shall have the same meanings herein unless the context otherwise requires. In the event of a conflict between a definition in this code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this chapter. Additionally, for the purposes of this chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this chapter and not defined in this code. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.
"Authorized collector" shall mean a private contractor authorized to provide collection services on behalf of the city through contract, exclusive franchise agreement, or non-exclusive franchise agreement.
"Blue container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.
"C&D" shall mean construction and demolition debris.
"CalRecycle" shall mean the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the city (and others).
"California Code of Regulations or CCR" shall mean the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
"City" shall mean the City of Murrieta.
"City manager" shall mean the city manager of the City of Murrieta or his/her designee.
"Commercial business or commercial" shall mean a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this chapter.
"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73)-(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
"Community composting" shall mean any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14 CCR Section 18982(a)(8).
"Compliance review" shall mean a review of records by the city to determine compliance with this chapter.
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4).
"Compostable plastic(s)" shall mean food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are placed in the green container and transported to a compostable material handling operations or facility, in-vessel digestion operations or other facility, provided that the organic waste processing facility accepts the material and has provided written notification annually to the city stating that the facility can process and recover that material for composability, or as otherwise defined in 14 CCR Section 18984.1(a)(1)(A) for three container systems, or 14 CCR Section 18984.2(a)(1)(C) for two container systems.
"Container contamination or contaminated container" shall mean a container, regardless of color, that contains prohibited container contaminants; or, as otherwise defined in 14 CCR Section 18982(a)(55).
"County" shall mean the County of Riverside.
"Designee" shall mean an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2, and as defined in 14 CCR Section 18982(a)(15). A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
"Edible food" shall mean food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Enforcement action" shall mean an action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies, as defined in 14 CCR Section 18982(a)(19).
"Enforcement official" shall mean the city manager or the city manager’s authorized designee(s) who are partially or wholly responsible for enforcing this chapter.
"Excluded waste" shall mean hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city’s enforcement official or its designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
"Food distributor" shall mean a company that distributes food to entities including, but not limited to, supermarkets and grocery stores; or, as otherwise defined in 14 CCR Section 18982(a)(22).
"Food facility" has the same meaning as in Section 113789 of the California Health and Safety Code.
"Food recovery" shall mean actions to collect and distribute food for human consumption that otherwise would be disposed of; or, as otherwise defined in 14 CCR Section 18982(a)(24).
"Food recovery organization" shall mean, unless otherwise defined in 14 CCR Section 18982(a)(25), an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities; or, as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the California Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the California Health and Safety code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the California Health and Safety Code; or, as otherwise defined in 14 CCR Section 18982(a)(25).
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food recovery service" shall mean a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food scraps" shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
"Food service provider" shall mean an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or, as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper" shall mean compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste" shall mean food scraps and food-soiled paper. Food waste excludes compostable plastics. Food waste shall be placed in the green container.
"Generator" shall mean a person or entity that is responsible for the initial creation of solid waste, and with respect to organic waste, means a person or entity that is responsible for the initial creation of organic waste; or, as otherwise defined in 14 CCR Section 18982(a)(48).
"Gray container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of gray container waste.
"Gray container waste" shall mean solid waste that is collected in a gray container that is part of the city’s three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a)-(b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5).
"Green container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of source separated green container organic waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated green container organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
"Grocery store" shall mean a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or, as otherwise defined in 14 CCR Section 18982(a)(30).
"Hauler route" shall mean the designated itinerary or sequence of stops for each segment of the city’s collection service area; or, as otherwise defined in 14 CCR Section 18982(a)(31.5).
"High diversion organic waste processing facility" shall mean a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty (50) percent between January 1, 2022 and December 31, 2024, and seventy-five (75) percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
"Inspection" shall mean a site visit where the city or its designee reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter; or, as otherwise defined in 14 CCR Section 18982(a)(35).
"Large event" shall mean, unless otherwise defined in 14 CCR Section 18982(a)(38), an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38).
"Large venue" shall mean, unless otherwise defined in 14 CCR Section 18982(a)(39), a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
"Local education agency" shall mean a school district, charter school, or county office of education that is not subject to the control of the city’s regulations related to solid waste; or, as otherwise defined in 14 CCR Section 18982(a)(40).
"Mixed waste organic collection stream or mixed waste" shall mean organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2, or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
"Multi-family residential dwelling or multi-family" shall mean of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"MWELO" shall mean the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.
"Non-compostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41).
"Non-local entity" shall mean the following entities that are not subject to the city’s enforcement authority; or, as otherwise defined in 14 CCR Section 18982(a)(42):
1. Special district(s) located within the jurisdictional boundaries of the city;
2. Federal facilities, including military installations, located within the jurisdictional boundaries of the city;
3. Prison(s) located within the jurisdictional boundaries of the city;
4. Facilities operated by the state park system located within the jurisdictional boundaries of the city;
5. Public universities (including community colleges) located within the jurisdictional boundaries of the city;
6. County fairgrounds located within the jurisdictional boundaries of the city; and
7. State agencies located within the jurisdictional boundaries of the city.
"Non-organic recyclables" shall mean non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43).
"Notice of violation or NOV" shall mean a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
"Organic waste" shall mean solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, untreated lumber, untreated wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Notwithstanding the foregoing, paper products, printing and writing paper, organic textiles, and carpets shall not be placed in the green container as source separated organic waste.
"Paper products" includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982(a)(51). Paper products, when source separated, shall be considered source separated recyclable materials.
"Paper and writing papers" includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982(a)(54). Printing and writing papers, when source separated, shall be considered source separated recyclable materials.
"Prohibited container contaminants" shall mean, unless otherwise defined in 14 CCR Section 18982(a)(55), the following:
1. Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container;
2. Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container, including non-organic waste, carpet, treated lumber, treated wood, hazardous wood waste and non-compostable paper;
3. Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic waste to be placed in the city’s green container or source separated recyclable materials to be placed in the city’s blue container; and
4. Excluded waste placed in any container.
"Recovery" shall mean any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49).
"Recycled-content paper" shall mean paper products and printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61).
"Remote monitoring" shall mean the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Restaurant" shall mean an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64).
"Route review" shall mean a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(a)(65).
"SB 1383" shall mean Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the California Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 Regulations" shall mean the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.
"Self-hauler" shall mean a person or entity, who, in compliance with all applicable requirements of this chapter, hauls solid waste, organic waste or recyclable materials he or she has generated to another person or entity, as defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person or entity who back-hauls waste; or, as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Single-family" shall mean of, from, or pertaining to any residential premises with fewer than five (5) units.
"Solid waste" shall mean, unless otherwise defined in California Public Resources Code Section 40191, all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
1. Hazardous waste, as defined in the California Public Resources Code Section 40141.
2. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the California Health and Safety Code).
3. Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the California Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in California Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the California Public Resources Code.
"Source separated" shall mean materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials, at the point of generation, by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing of those materials.
"Source separated blue container organic waste" shall mean source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables. Source separated blue container organic waste excludes source separated green organic waste, but includes paper products, printing and writing paper, and excludes hazardous wood waste, wood, dry lumber, and textiles.
"Source separated green container organic waste" shall mean, unless otherwise specified in 14 CCR Section 18984.1, source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, paper products, printing and writing paper, hazardous wood waste, carpets, non-compostable paper, and non-organic textiles.
"Source separated recyclable materials" shall mean source separated non-organic recyclables and source separated blue container organic waste.
"State" shall mean the State of California.
"Supermarket" shall mean a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71).
"Tier one commercial edible food generator" shall mean a commercial edible food generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
1. Supermarket;
2. Grocery store with a total facility size equal to or greater than 10,000 square feet;
3. Food service provider;
4. Food distributor; or,
5. Wholesale food vendor.
"Tier two commercial edible food generator" shall mean a commercial edible food generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(74):
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
2. Hotel with an on-site food facility and 200 or more rooms;
3. Health facility with an on-site food facility and 100 or more beds;
4. Large venue;
5. Large event;
6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or
7. A local education agency facility with an on-site food facility.
"Uncontainerized green waste and yard waste collection service or uncontainerized service" shall mean a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers source separated organic waste; or, as otherwise defined in 14 CCR Section 189852(a)(75).
"Wholesale food vendor" shall mean a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or, as otherwise defined in 14 CCR Section 189852(a)(76).
(Ord. 575 § 2, 2022)
A. Except as otherwise specified in this chapter, in undertaking its obligations under this chapter, the city shall have the sole authority and responsibility to perform the following non-delegable determinations, programs or activities, and in doing so may utilize city personnel:
1. Initially determine, or modify, the organic waste collection services approach to be used by the city, either the standard organic waste collection services set forth in Article 3 of the SB 1383 Regulations, or the performance-based collection services set forth in Article 17 of the SB 1383 Regulations, and may consult with the authorized collector regarding the same.
2. Adopt organic waste recovery and edible food recovery standards and policies consistent with the SB 1383 Regulations.
3. Grant waivers from certain SB 1383 Regulations to an organic waste generator, and prepare and maintain records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.11.
4. Conduct inspections and investigations of organic waste generators for compliance with applicable SB 1383 Regulations, and prepare and maintain records regarding such activities in accordance with 14 CCR Section 18995.1.
5. Conduct inspections and investigations of complaints of alleged violations of Chapter 12 of the SB 1383 Regulations, and prepare and maintain records regarding such activities in accordance with 14 CCR Section 18995.3.
6. Apply for waivers or exemptions from certain SB 1383 Regulations, granted by CalRecycle, and maintain records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.12.
7. Apply for waivers from SB 1383 requirements granted by CalRecycle in the event of emergencies or disasters, and maintain records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.13.
8. Regulate food recovery organizations and food recovery services for compliance with applicable SB 1383 Regulations.
(Ord. 575 § 2, 2022)
Single-family organic waste generators shall comply with the following requirements, except single-family generators that meet the self-hauler requirements of this code:
A. Subscribe to and pay for the city’s organic waste three-container collection service for all solid waste generated, including organic waste, as described below in paragraph (b) of this section, below. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B. Participate in the city’s organic waste collection service by placing designated materials in designated containers as described in this paragraph, and shall not place prohibited container contaminants in collection containers. Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials (which includes source separated non-organic recyclables and source separated blue container waste) in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container. It shall be unlawful and a violation of this chapter to place contamination in a collection container, and may subject the generator to a contamination processing fee or enforcement action.
(Ord. 575 § 2, 2022)
Organic waste generators that are commercial businesses, including multi-family residential dwellings, shall comply with the following requirements, except commercial businesses that meet the self-hauler requirements of this code.
A. Subscribe to and pay for the city’s three-container organic waste collection service(s) and comply with requirements of those service(s) as described below in paragraph B. of this section, below. The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B. Participate in the city’s organic waste collection service by placing designated materials in designated containers. Generator shall place source separated green container organic waste including food waste, in the green container; source separated recyclable materials (which includes source separated non-organic recyclables and source separated blue container waste) in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container. It shall be unlawful and a violation of this chapter to place contamination in a collection container, and may subject the generator to a contamination processing fee or enforcement action.
C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to paragraphs D.1. and D.2. of this section, below) for employees, contractors, tenants, and customers, consistent with the city’s collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with this code.
D. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the collection service provided by the city in accordance with 14 CCR Section 19894.7. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this paragraph prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container in accordance with 14 CCR Section 18984.8.
E. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 CCR Section 18984.9(b).
F. Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s blue container, green container, and gray container collection service or, if self-hauling, pursuant to 14 CCR Section 18984.1(a)(5).
G. Excluding multi-family residential dwellings, shall periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
H. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
I. Provide information as described in paragraph H. of this section, above, before or within 14 days of new tenants entering into an agreement for or requesting collection services from the city’s authorized collector, whichever occurs later.
J. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with this code to confirm compliance with the requirements of this section.
K. If a commercial business wants to self-haul, meet the self-hauler requirements of this code.
L. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
M. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to this code.
(Ord. 575 § 2, 2022)
A. De minimis waivers. The city may waive a commercial business’ obligations (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below in paragraph A.2. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in paragraph A.2.of this section, below.
2. Provide documentation that either:
a. The commercial business’ total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’ total waste; or
b. The commercial business’ total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business’ total waste.
3. Notify the city if circumstances change such that the commercial business’ organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the city determines at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds set forth in paragraph A.2.a. of this section, above, the city will rescind the waiver.
4. Provide written verification to the city that it is still eligible for a de minimis waiver every five (5) years, if the city has approved a de minimis waiver.
B. Physical space waivers. The city may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements of this chapter if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter. Commercial businesses or property owners requesting a physical space waiver shall:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below.
2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Notify the city if circumstances change such that the commercial business has adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter, in which case the waiver will be rescinded. In addition, if the city determines at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds set forth in paragraph A.2.a. of this section, above, the city will rescind the waiver.
4. Provide written verification to the city that it is still eligible for a physical space waiver every five (5) years, if the city has approved an application for a physical space waiver.
C. Collection frequency waivers. The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s three- container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once per week.
D. The enforcement official will be responsible for review and approval of waivers. (Ord. 575 § 2, 2022)
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply with the requirements of this section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for:
a. The collection of edible food for food recovery; or
b. Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall 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 designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or food recovery organization 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 of those food recovery services or food recovery organizations:
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 self-hauled 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 or self-hauled to a food recovery service or food recovery organization for food recovery.
D. If the enforcement official makes a request, then within 30 days of the request, tier one commercial edible foods generators and tier two commercial edible food generators shall provide a food recovery report to the city that includes the following information:
1. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
2. The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
3. The name, address and contact information of the food recovery service or food recovery organization.
E. Nothing in this chapter 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 share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the California Education Code, and amended Section 114079 of the California Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.
(Ord. 575 § 2, 2022)
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