Chapter 7.21
RECYCLING

Sections:

7.21.010    Purpose.

7.21.020    Definitions.

7.21.030    General provisions.

7.21.040    Unlawful acts.

7.21.050    Multifamily recycling.

7.21.060    Commercial business recycling.

7.21.070    Residential recycling.

7.21.080    Special event recycling.

7.21.090    Construction and demolition recycling.

7.21.100    Organic waste generators.

7.21.110    Other entities.

7.21.120    Self-hauler requirements.

7.21.130    Food recovery.

7.21.140    Food recovery organizations and services.

7.21.150    Waivers for generators.

7.21.160    Contaminated containers.

7.21.170    Inspections and investigations by city.

7.21.180    Citations and fees.

7.21.010 Purpose.

The city is required to adhere to state mandated policies and thus is establishing citywide requirements applicable pursuant to the 1989 California Integrated Waste Management Act – Assembly Bill 939 (AB 939). This specifically includes amendment provisions for AB 341, signed into law October 2011, Recycling of Commercial Solid Waste AB 1826, signed into law September 2014, Recycling of Organic Waste, and SB 1383, signed into law September 2016, and any future bills signed into law under AB 939. AB 341 and AB 1826 impacts commercial businesses and multifamily dwellings with five or more units, whereas SB 1383 impacts commercial businesses, multifamily dwellings, and single-family dwellings. These laws are intended to increase the diversion of recyclable material and organic waste from landfill disposal, reduce greenhouse gas emissions, conserve water, energy and other natural resources, and protect the environment. This chapter is to ensure citywide compliance of state mandated policies and document enforcement penalties to ensure full awareness and to protect the public safety, health and welfare and to enhance the environment for the people of the city of Dinuba. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019)

7.21.020 Definitions.

For the purpose of this chapter, certain words and terms are defined as follows:

A.    “AB 939” means Division 30, Waste Management, in the California Public Resources Code.

B.    “AB 341” means Chapter 12.8, Recycling of Commercial Solid Waste, in Part 3 of Division 30 in the California Public Resources Code.

C.    “AB 1826” means Chapter 12.9, Recycling of Organic Waste, in Part 3 of Division 30 in the California Public Resources Code.

D.    “Bin” means a metal or plastic container for the collection of solid waste, organic waste, or recyclable material.

E.    “Bulky items” means discarded waste that is too large to be placed in a closed waste/recycle bin/cart, so items are not protruding out the top including, but not limited to, large appliances, furniture, carpets, mattresses, and similar large items that require special handling due to the size.

F.    “Business” or “businesses” means any commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, corporation, or an association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.

G.    “Cart” means a ninety-six-gallon plastic container used for the collection of solid waste, organic green waste, organic food waste, or recyclable material.

H.    “City” means the California municipal corporation known as the city of Dinuba acting through its city council, managers and employees.

I.    “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74).

J.    “Contamination” means bin/cart contains material other than what is allowed, as defined by the franchise hauler.

K.    “Edible food” means 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 (Health and Safety Code Sections 113700 through 114437).

L.    “Food recovery organization” means 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 Health and Safety Code;

2.    A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

3.    A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

M.    “Food recovery” means edible food collected and redistributed to feed people in need rather than going to the landfill for disposal, or as otherwise defined in 14 CCR Section 18982(a)(24).

N.    “Food recovery service” means an entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.

O.    “Franchise hauler” means the hauler that is contracted with the city by a franchise agreement and has an exclusive agreement to collect solid waste, recyclables, organic/green waste, organic waste, electronic waste, and construction and demolition materials.

P.    “Multifamily dwelling(s)” means any residential structure used for housing, with five or more units.

Q.    “Organic food waste” means solid, semisolid, and liquid food waste, such as fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, coffee grounds, and filters, and tea bags as defined by the authorized franchise hauler.

R.    “Organic green waste” means biodegradable/compostable such as branches, grass, floral trimmings, landscape and pruning waste, leaves, nontreated wood waste, shrubs, trees, and weeds as defined by the authorized franchise hauler.

S.    “Organic waste” means food waste and green waste as defined by the franchise hauler.

T.    “Organic waste generator” 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) of SB 1383.

U.    “Recyclable” means any material that can be sorted, marketed, and reconstituted, for the purpose of using the altered form in the manufacture of a new product, as approved by the city and its authorized franchise hauler.

V.    “Recycle” or “recycling” means source separation of: (1) recyclables, (2) organic green waste, and (3) organic food waste.

W.    “Recycling program” means (1) pick-up by authorized franchise hauler, (2) self-haul directly to landfill or transfer station, (3) resale for profit to a third party, and (4) composting on site.

X.    “Residential premises” means any residential structure used for single-family housing or multifamily dwelling with less than five units.

Y.    “Residents” means those individuals residing within the current city limits of the city of Dinuba.

Z.    “Owner” means the holder(s) of the legal title to the real property.

AA.    “SB 1383” means the Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016. Article 4, Title 14, Division 4, Chapter 12 of the California Code of Regulations.

BB.    “Self-haul” means transport and disposal of solid waste, recyclable materials, organic green waste, or organic food waste at the landfill or transfer station by a member of the household where it was generated. For a business, “self-haul” means transport and disposal by an individual listed on its payroll as an employee, but not as an agent.

CC.    “Solid waste” means all materials of any kind that is not organic, organic/green, or recyclable as defined by the authorized franchise hauler.

DD.    “Source separation” means to divide refuse at the place of discard generation, prior to collection, into separate containers that are designated for recyclables, organic, organic/green waste, and solid waste/trash.

EE.    “Special event” means a community, public, commercial, recreational or social event which may serve food or drink and which may require a permit from the city. Special event may include the temporary or periodic use of a public street, publicly owned site or facility, or public park.

FF.    “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:

1.    Supermarkets with gross annual sales of two million dollars or more.

2.    Grocery store with a total facility size equal to or greater than ten thousand square feet.

3.    Food service provider.

4.    Wholesale food vendor.

SB 1383 tier one commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2022, or face significant financial penalties as prescribed in 14 CCR Section 18997.2, the city of Dinuba Municipal Code, or any other applicable enforcement provision of this chapter, as determined by the city manager and/or his or her designee.

GG.    “Tier two commercial edible food generator” means commercial edible food generator that is one of the following:

1.    Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

2.    Hotel with an on-site food facility and two hundred or more rooms.

3.    Health facility with an on-site food facility and one hundred or more beds.

4.    Large venue.

5.    Large event.

6.    A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

7.    A local education agency facility with an on-site food facility.

SB 1383 tier two commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2024, or face significant financial penalties as prescribed in 14 CCR Section 18997.2, the city of Dinuba Municipal Code, or any other applicable enforcement provision of this chapter, as determined by the city manager and/or his or her designee.

HH.    “Trash” means material that is designated for landfill disposal and does not include either recyclable or compostable materials. The term “trash” does not include hazardous waste material. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019)

7.21.030 General provisions.

A.    Commencing January 1, 2019, all businesses, multifamily dwellings, and residents within city limits shall adhere to state mandated laws and regulations outlined under AB 939 as well as all current and/or future amendments, i.e., AB 341, AB 1826, SB 1383, etc.

B.    Designated recyclable materials shall be source separated prior to collection, removal, transportation or disposal.

C.    Business and multifamily owners must subscribe to city approved recycling programs of (1) pick-up by approved franchise hauler, (2) self-haul, (3) resale for profit, or (4) on-site composting.

1.    Should an owner subscribe to self-haul, resale for profit and/or on-site composting, they are required to provide quarterly/annual proof of recycling through scale tickets or arranged site visits with city personnel and/or designated representative for on-site composting.

D.    Businesses, multifamily dwellings, and residents subscribing to approved franchise hauler will be provided bins or carts based on their recycling subscription.

E.    Businesses, multifamily dwellings, and residents will recycle, by source separation, into designated bins or carts.

1.    Failure to comply with source separation can result in contamination fees and citations.

F.    Businesses, multifamily dwellings, and residents may subscribe to additional recycling services.

G.    Businesses that generate solid waste are required to subscribe to both a recyclable and organic waste recycling program.

1.    State law determines solid waste generation requirements.

H.    Multifamily dwellings must subscribe to both recyclable and organic waste recycling programs.

I.    Residential customers will be provided both recyclable and organic waste recycling carts as part of their city provided utility service and be required to source separate materials as defined by the franchise hauler.

J.    Food waste bins shall be locked with master key held by franchise hauler and duplicate provided to business. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019)

7.21.040 Unlawful acts.

It is unlawful for any business, multifamily dwelling, or resident to fail to comply with any provision or requirement set forth in this chapter/division, which is applicable to such business, multifamily dwelling, or resident. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019)

7.21.050 Multifamily recycling.

A.    Owners of multifamily dwellings are responsible for providing tenants with required recycling receptacles and subscribing to mandated/required recycling programs.

B.    The multifamily dwellings recycling programs available are: (1) recyclables and (2) organic waste.

C.    Owners or managers of multifamily dwellings are responsible for ensuring their tenants’ compliance in all recycling programs.

D.    Owners of multifamily dwellings shall provide a location for placement of communal recycling containers that are convenient for tenants and approved by the director of public works and/or their designated representative.

E.    Owners and/or property managers shall provide tenants documented instructions about their subscribed recycling programs and the requirement to source separate.

F.    All multifamily dwelling properties shall ensure carts are stored at their approved location at all times other than service day. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019)

7.21.060 Commercial business recycling.

A.    Commercial businesses are required to subscribe to approved recycling programs. Regulated businesses must start service no later than June 1, 2022. If service has not been initiated by that date the city’s franchise hauler will automatically enroll customers during the weeks of June 1, 2022 through July 1, 2022.

B.    Commercial recycling programs available are: (1) recyclables, (2) food waste and (3) organic green waste.

1.    Recycling program subscriptions are based on guidelines set by the state of California. The franchise hauler will work with the commercial business to assess which recycling program the business is required to participate in based on their current solid waste service and state guidelines.

a.    Businesses generating four cubic yards or more of solid waste weekly must enroll in the mandatory commercial recycling (MCR) program.

b.    Businesses generating two cubic yards or more of solid waste weekly must enroll in the mandatory commercial organic recycling (MORe) program.

c.    If a business generates less than twenty gallons of food waste weekly it does not need to source separate food waste. However, to be SB 1383 compliant, businesses will be required to recycle organic waste such as paper, cardboard, etc.

C.    Business owners are responsible for ensuring their employees’ compliance in all recycling programs.

D.    Owners and/or businesses shall provide a location for placement of recycling container(s) approved by the director of public works and/or their designated representative.

E.    Businesses shall provide all employees documented instructions about their subscribed recycling programs and the requirement to source separate. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019. Formerly 7.21.055)

7.21.070 Residential recycling.

A.    Owners of residential dwellings subscribe to approved recycling programs through their city provided utility services.

B.    Residential recycling programs available are: (1) recyclables, (2) organic waste.

C.    Owners and/or property managers of residential dwellings shall provide tenants documented instructions about their subscribed recycling program and the requirement to source separate.

D.    All residential properties that utilize ninety-six-gallon blue recycling and green waste carts for curbside service shall ensure carts are stored at their approved location at all times other than service day. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019. Formerly 7.21.060)

7.21.080 Special event recycling.

A.    Special event recycling will be determined as part of the application approval process by the department of public works.

B.    Coordinators of special events may be required to temporarily subscribe to a recycling program. Subscription should cover: (1) setup, (2) event, and (3) teardown.

C.    Recycling programs available are: (1) recyclables and (2) organic food waste.

a.    The required subscription is based on what is offered at event; i.e., if there is no food being offered, then subscription to the organic food waste recycling program is not required.

D.    Coordinators of special events must have enough receptacles to cover the venue adequately. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019. Formerly 7.21.070)

7.21.090 Construction and demolition recycling.

A.    All construction and demolition projects shall adhere to Chapter 14.64, Construction and Demolition Debris Recycling and Reuse Ordinance. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019)

7.21.100 Organic waste generators.

SB 1383 requirements that apply to organic waste generators include, but are not necessarily limited to, the following:

A.    All residential premises shall be automatically enrolled in the city’s three-container collection services for garbage, recyclable materials, and organic waste including food waste.

B.    All commercial premises (including all multifamily residential complexes with five or more units) must make arrangements for the diversion of recyclable materials and organic waste, either through a collection service with a solid waste franchised hauler, or by self-hauling to a permitted facility meeting the requirements specified in 14 CCR Section 18984.3. 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 premises shall adjust their service level for their collection services as required by the city. Regulated businesses must start service no later than June 1, 2022. If service has not been initiated by that date the city’s franchise hauler will automatically enroll customers during the weeks of June 1, 2022 through July 1, 2022.

C.    Generator shall place organic waste, including food waste, in the designated organic waste container; recyclable materials in the designated recycling container; and garbage in the designated garbage container. Failure to do so may result in the city’s determination that the resident’s or business’s container is contaminated (see Section 7.21.160, Contaminated containers).

D.    Generators shall not place materials designated for the garbage container into the organic waste container or recycling container.

E.    Each commercial premises and multifamily residential complex property owner shall be responsible for ensuring and demonstrating its compliance with the following requirements:

1.    Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with requirements described below) for employees, contractors, tenants, and customers, consistent with the city’s collection service or, if self-hauling, in compliance with self-hauling requirements in Section 7.21.120.

2.    Excluding multifamily residential complexes, provide containers for the collection of organic waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If commercial premises do 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:

a.    A body or lid that conforms with the container colors provided through the collection service provided by the city’s franchised hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements, or both lids and bodies conforming to color requirements. A commercial premises is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

b.    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. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

c.    Multifamily residential complexes are not required to comply with container placement requirements or labeling requirements in this section pursuant to 14 CCR Section 18984.9(b).

3.    Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.

4.    Provide education information before or within fourteen days of occupation of the premises by new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage and the location of containers and the rules governing their use at each property.

5.    Provide or arrange access for the city or its representative to their properties during all inspections conducted in accordance with SB 1383 to confirm compliance with the requirements of this chapter.

6.    Commercial premises, but not multifamily residential complexes, are also required to:

a.    To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city’s collection service.

b.    Periodically inspect organic waste, recycling, and garbage 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).

7.    Nothing in this chapter 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). (Ord. 2022-02 § 1, 2022)

7.21.110 Other entities.

SB 1383 requirements that apply to other entities include, but are not necessarily limited to, the following:

A.    Commercial Edible Food Generators.

1.    Tier one commercial edible food generators shall comply with the requirements of 14 CCR Section 18991 commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements of 14 CCR Section 18991.3 commencing January 1, 2024.

2.    A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of 14 CCR Section 18991.3.

3.    Commercial edible food generators shall comply with the following requirements:

a.    Arrange to recover the maximum amount of edible food that would otherwise be disposed.

b.    Contract with or enter into a written agreement with food recovery organizations or food recovery services 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.

c.    Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

d.    Shall keep records as specified in 14 CCR Section 18991.4.

e.    Shall provide to the city a copy of any of the information they are required to track per Section 18991.4 within thirty days of request by the city. (Ord. 2022-02 § 1, 2022)

7.21.120 Self-hauler requirements.

A.    Any party wishing to self-haul material must apply for and receive written approval from the city.

B.    Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

C.    Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

1.    Self-haulers that are commercial customers (including multifamily residential complexes) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

a.    Delivery receipts and weight tickets from the entity accepting the waste.

b.    The amount of material in cubic yards or tons transported by the generator to each entity.

c.    If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste. (Ord. 2022-02 § 1, 2022)

7.21.130 Food recovery.

A.    Commercial edible food generators shall recover the maximum amount of edible food for distribution to food recovery organizations that accept edible food. A large venue or event operator that does not provide food services, but allows food to be provided shall arrange for edible food to be collected and distributed to food recovery organizations that accept edible food.

B.    Any edible food generator that intentionally spoils edible food capable of recovery will be subject to citation and fees. (Ord. 2022-02 § 1, 2022)

7.21.140 Food recovery organizations and services.

Food recovery organizations and services shall maintain records as specified in 14 CCR Section 18991.5, and shall provide a copy of those records to the city within thirty days of request by the city. (Ord. 2022-02 § 1, 2022)

7.21.150 Waivers for generators.

City may waive a commercial customer’s obligation (including a multifamily residential complex) to comply with some or all of the organic waste requirements of SB 1383 if the commercial customer provides documentation as described below, and the city finds that documentation supports the granting of a waiver. Waivers shall apply for up to, but no longer than, five years, as determined by the director and/or his or her designee.

A.    Commercial customers requesting a de minimis waiver shall submit an application specifying the services that they are requesting a waiver from and provide documentation that either:

1.    The commercial customer’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty gallons per week per applicable container of the business’s total waste; or

2.    The commercial customer’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business’s total waste; or

3.    Notify city if circumstances change such that commercial customer’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

B.    Commercial customers or property owners may request a physical space waiver through the following process:

1.    Submit an application specifying the services that they are requesting a waiver from.

2.    Provide documentation that the premises lack adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer. (Ord. 2022-02 § 1, 2022)

7.21.160 Contaminated containers.

A.    Blue recycling containers for recyclable material containing any unrecyclable material, as determined by the franchise hauler, may be subject to receiving a citation for contamination and subject to fees.

B.    Green recycling containers for organic food and organic green waste containing any unrecyclable material, as determined by the franchise hauler, may be subject to receiving a citation of contamination and subject to fees.

C.    Black/gray trash containers for trash containing recyclables and/or organic waste, as determined by the franchise hauler, may be subject to receiving a citation of contamination and subject to fees.

D.    Recycling bins and carts may be subject to contamination citations and fees.

E.    Trash bins and carts may be subject to contamination citations and fees.

F.    Contamination of blue or green recycling and trash containers will be determined by the franchise hauler at time of service and documented with pictures.

G.    When a black/gray trash, blue recyclable, and/or green organic waste container has been deemed contaminated:

1.    Franchise hauler will not dump container on first and second consecutive occurrences to allow customer until next service day to correct.

2.    Customer will be issued a citation advising of contamination and fees for additional contaminations.

3.    Franchise hauler will document, with pictures, contaminated container for all occurrences.

4.    Franchise hauler will dump container on third consecutive occurrence and apply contamination fee.

5.    Occurrence and citation will be retained on customer’s account.

H.    When an organic waste container has been deemed contaminated:

1.    Franchise hauler will dump contaminated container on the scheduled service day or no later than the next business day, subject to franchise hauler discretion.

2.    For the first occurrence within a ninety-day period, customer will be issued a citation advising of contamination and fees for additional contaminations.

3.    Multiple occurrences within a ninety-day period will be subject to citation and additional fees. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019. Formerly 7.21.100)

7.21.170 Inspections and investigations by city.

A.    The city’s representatives, its designated entity, and/or 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 premises (including multifamily residential complexes), 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 to enter the interior of a private residential property for inspection.

B.    A regulated entity shall provide or arrange for access to their properties during all inspections and shall cooperate with the city’s employee or its designated entity/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 access to an entity’s premises or access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

C.    Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (Ord. 2022-02 § 1, 2022)

7.21.180 Citations and fees.

A.    Failure of commercial businesses, multifamily dwellings, and residential customer to subscribe in approved recycling programs, as mandated by the state, will result in citations and associated fees.

B.    Commercial businesses and multifamily dwellings contaminated containers will result in city issued citations and associated fees billed by the franchise hauler.

C.    Residential contaminated containers will result in citations and associated fees. (Ord. 2022-02 § 1, 2022; Ord. 2019-01 § 1 (part), 2019. Formerly 7.21.110)