Chapter 6.45
REGULATING MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Sections:
6.45.020 Requirements for single-family generators.
6.45.030 Requirements for commercial businesses.
6.45.040 Waivers for generators.
6.45.050 Requirements for tier one and tier two commercial edible food generators.
6.45.060 Requirements for food recovery organizations and services.
6.45.070 Requirements for haulers and facility operators.
6.45.080 Self-hauler requirements.
6.45.090 Inspections and investigations by the city.
6.45.010 Definitions.
A. “Blue container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and will be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste. The “blue container” for commercial businesses may include green bins until the containers reach the end of their useful life, or until their replacement is required by state law, whichever comes first.
B. “CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others).
C. “California Code of Regulations” or “CCR” means 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 the CCR).
D. “City” means the city of Millbrae.
E. “City enforcement entity” means any city employee or employee of a contracting agency, including the county, or any agent of the city, having the authority to enforce any applicable law or regulation in this chapter. The designee for edible food recovery is a city enforcement entity. For purposes of this chapter, “city enforcement entity” includes those persons authorized to exercise enforcement authority pursuant to MMC 1.05.020.
F. “Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five residential dwelling units is not a commercial business for purposes of implementing this chapter.
Commercial businesses that are tier one or tier two commercial edible food generators will comply with edible food recovery requirements contained in the requirements for tier one and tier two commercial edible food generators section of this chapter, including the self-hauling provisions.
G. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this chapter. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
H. “Compliance review” means a review of records by the city or its designee to determine compliance with this chapter.
I. “Community composting” means 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 one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
J. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
K. “Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
L. “Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
M. “C&D” means construction and demolition debris.
N. “Designee” means an entity that a 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. A designee may be a government entity, a hauler, a private entity, or a combination of those entities (e.g., designee for edible food recovery).
O. “Designee for edible food recovery” means the county of San Mateo’s office of sustainability with which the city has a memorandum of understanding for the purposes of edible food recovery including, but not limited to, inspection, investigation, and enforcement of the edible food recovery provisions of this chapter. Contact information for the designee for edible food recovery can be found on the county of San Mateo office of sustainability website.
P. “Edible food” means food intended for and fit for human consumption and collected or received from a tier one or tier two commercial edible food generator. For the purposes of this chapter, “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.
Q. “Edible food recovery” means actions to collect, receive, and/or redistribute edible food for human consumption from tier one and tier two commercial edible food generators that otherwise would be disposed.
R. “Enforcement action” means an action of the city or the city enforcement entity to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
S. “Excluded waste” means hazardous substances, 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, 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 multifamily 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. “Excluded waste” does not include used motor oil and filters, cell phones, and household batteries generated by single-family residential premises.
T. “Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
U. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
V. “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
W. “Food recovery organization” means an entity that, using its own employees and equipment, engages in the collection or receipt of edible food from tier one or tier two commercial edible food generators and distributes that edible food either directly or through other entities, 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.
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).
X. “Food recovery service” means a person or entity that, using its own employees and equipment, collects and transports edible food from a tier one or tier two commercial edible food generator to a food recovery organization or other entities for food recovery. 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).
Y. “Food scraps” means 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, and are not absorbed into food-soiled paper.
Z. “Food service provider” means 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.
AA. “Food-soiled paper” is 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 other cartons composed of compostable materials, but excluding paper containers that are lined with, or otherwise include, noncompostable materials.
BB. “Food waste” means food scraps and food-soiled paper.
CC. “Gray container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and will be used for the purpose of storage and collection of gray container waste.
DD. “Gray container waste” means solid waste that is collected in a gray container that is part of a 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) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
EE. “Green container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and will be used for the purpose of storage and collection of source separated green container organic waste. The “green container” for commercial businesses may include green bins with a brown stripe around the top until the containers reach the end of their useful life, or until their replacement is required by state law, whichever comes first.
FF. “Greenhouse gas (GHG)” means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases as defined in this section.
GG. “Greenhouse gas emission reduction” or “greenhouse gas reduction” means actions designed to achieve a calculated decrease in greenhouse gas emissions over time.
HH. “Grocery store” means 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.
II. “Hauler route” means the designated itinerary or sequence of stops for each segment of the city’s solid waste collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
JJ. “High diversion organic waste processing facility” means 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 percent between January 1, 2022, and December 31, 2024, and seventy-five 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).
KK. “Inspection” means a site visit where the city or city enforcement entity 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).
For the purposes of edible food recovery, “inspection” means actions to review contracts and other records related to the recovery of edible food, and may occur off site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of edible food to determine if the entity is complying with the requirements of this chapter.
LL. “Large event” means 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 two thousand 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. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) will apply to this chapter.
MM. “Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) will apply to this chapter.
NN. “Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
OO. “Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
PP. “MWELO” refers to the model water efficient landscape ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7 and Chapter 8.45 MMC.
QQ. “Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). This definition includes, but is not limited to, laminated and plastic-lined paper items, foil/metallic paper, photo paper, baby and disinfecting wipes, and paper coated in hazardous or toxic fluids/products.
RR. “Nonlocal entity” means 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. State agencies located within the boundaries of the city.
2. Federal facilities located within the boundaries of the city.
SS. “Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
TT. “Notice of violation (NOV)” means 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.
UU. “Organic waste” means 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, lumber, 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).
VV. “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).
WW. “Paper products” include, but are 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).
XX. “Printing and writing papers” include, but are 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).
YY. “Prohibited container contaminants” means 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; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the city’s green container and/or blue container; and (4) excluded waste placed in any container.
ZZ. “Recovered organic waste products” means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
AAA. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
BBB. “Recycled-content paper” means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
CCC. “Regional agency” means regional agency as defined in Public Resources Code Section 40181.
DDD. “Regional enforcement official” means a regional or county agency enforcement official, designated by the city with responsibility for enforcing this chapter in conjunction or consultation with the city enforcement entity.
EEE. “Remote monitoring” means 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.
FFF. “Renewable gas” means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
GGG. “Restaurant” means 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).
HHH. “Route review” means 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).
III. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the 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.
JJJ. “SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this chapter, 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 regulations of 14 CCR and 27 CCR.
KKK. “Self-hauler” means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. “Self-hauler” also includes a person 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).
For the purposes of edible food recovery, “self-hauler” means a commercial edible food generator which holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of this chapter.
LLL. “Single-family” means of, from, or pertaining to any building with fewer than five dwelling units. “Building” and “dwelling unit” are defined in Chapter 10.05 MMC.
MMM. “Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, 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 State Public Resources Code Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste will not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste will be regulated pursuant to Division 30 of the State Public Resources Code.
NNN. “Solid waste franchisee” means an entity that has entered into an agreement with the city for collection of municipal solid waste in the city of Millbrae.
OOO. “Source separated” means 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” will include separation of materials 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.
PPP. “Source separated blue container organic waste” means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
QQQ. “Source separated green container organic waste” means 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, carpets, noncompostable paper, and textiles.
RRR. “Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste.
SSS. “State” means the state of California.
TTT. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars, 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).
UUU. “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) will apply to this chapter.
VVV. “Tier two commercial edible food generator” means a 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.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) will apply to this chapter.
WWW. “Uncontainerized green waste and yard waste collection service” or “uncontainerized service” means 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).
XXX. “Wholesale food vendor” means 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).
YYY. All references are to California state laws and regulations, as they may be amended. Where a definition or reference in this chapter is in conflict with a state law or regulation, the state law or regulation will apply. (Ord. 791, § 1).
6.45.020 Requirements for single-family generators.
Single-family organic waste generators will comply with the following requirements:
A. Subscribe to city’s organic waste collection services for all organic waste generated as described in subsection B of this section. The city and its designee will 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 will adjust their service level for their collection services as requested by the city or its designee. 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(s) by placing designated materials in designated containers as described below, and will not place prohibited container contaminants in collection containers.
1. Three-Container Collection Service (Blue Container, Green Container, and Gray Container).
a. Generator will place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators will not place materials designated for the gray container into the green container or blue container. (Ord. 791, § 1).
6.45.030 Requirements for commercial businesses.
Generators that are commercial businesses, including multifamily residential dwellings, will:
A. Subscribe to the city’s three-container collection services and comply with requirements of those services as described in subsection B of this section, except commercial businesses that meet the self-hauler requirements in MMC 6.45.080. The city and its designee 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 will adjust their service level for their collection services as requested by the city or its designee.
B. Except commercial businesses that meet the self-hauler requirements in MMC 6.45.080, participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below.
1. Three-Container Collection Service (Blue Container, Green Container, and Gray Container).
a. Generator will place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator will not place materials designated for the gray container into the green container or blue container.
C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) of this section) for employees, contractors, tenants, and customers, consistent with city’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with MMC 6.45.080.
D. Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and source separated blue container 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 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 will have either:
1. A body or lid that conforms with the container colors provided through the collection service provided by the city, 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 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 subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
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. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
E. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection D of this section pursuant to 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily 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, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with MMC 6.45.080.
G. Excluding multifamily residential dwellings, inspect no less than twice annually 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 blue container recyclable materials.
I. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated blue container recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the city or its designee to their properties during all inspections conducted in accordance with MMC 6.45.090 to confirm compliance with the requirements of this chapter.
K. At commercial business’s option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the city or its designee.
L. If a commercial business wants to self-haul, meet the self-hauler requirements in MMC 6.45.080.
M. 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).
N. Commercial businesses that are tier one or tier two commercial edible food generators will comply with food recovery requirements, pursuant to MMC 6.45.050. (Ord. 791, § 1).
6.45.040 Waivers for generators.
A. De Minimis Waiver. The city may, in its sole discretion, waive a commercial business’s obligation (including multifamily 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 in subsection (A)(2) of this section. Commercial businesses requesting a de minimis waiver will:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (A)(2) of this section as well as any additional documentation requested by the city.
2. Provide documentation that either:
a. The commercial business’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
b. The commercial business’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.
3. Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five years, if the city has approved a de minimis waiver.
B. Physical Space Waiver. The city may, in its sole discretion, waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a 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 MMC 6.45.020 or 6.45.030. Commercial businesses requesting a physical space waiver will:
1. Submit an application form specifying the type(s) of collection services for which it is requesting a compliance waiver.
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. Provide any additional documentation requested by the city.
3. Provide written verification to the city every five years that it is still eligible for physical space waiver, if the city has approved application for a physical space waiver.
C. Collection Frequency Waiver. The city, at its sole 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 the owner’s or tenant’s blue container, gray container, or both once every fourteen days, rather than once per week; provided, however, that containers containing putrescible materials must be collected once every seven days. The owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s three-container organic waste collection service must submit an application to the city requesting a collection frequency waiver and provide documentation supporting the application as requested by the city. (Ord. 791, § 1).
6.45.050 Requirements for tier one and tier two commercial edible food generators.
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, will require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Tier one and tier two commercial edible food generators will comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Use the CalRecycle model food recovery agreement or the contractual elements contained in the requirements for food recovery organizations and food recovery services section of this chapter to contract with, or otherwise enter into a written agreement with, food recovery organizations or food recovery services for:
a. The collection of edible food for edible food recovery from the tier one or tier two commercial edible food generator’s premises; or
b. The acceptance of edible food that the tier one or tier two commercial edible food generator self-hauls to the food recovery organization.
3. Contract with food recovery organizations and food recovery services able to demonstrate a positive reduction in greenhouse gas emissions from their edible food recovery activity. A list of food recovery organizations and food recovery services is available on the county of San Mateo office of sustainability website.
4. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
5. Allow city’s enforcement entity or designee for edible food recovery to access the premises and inspect procedures and review records related to edible food recovery and/or to provide them electronically if requested by the city or the designee for edible food recovery.
6. Keep records that include the following information:
a. A list of each food recovery organization or a food recovery service that collects or receives its edible food from the tier one or tier two commercial edible food generator pursuant to a contract or written agreement established as required by this chapter.
b. A copy of all contracts or written agreements established under the provisions of this chapter.
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 schedule or 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.
7. No later than June 30th of each year commencing no later than July 1, 2022, for tier one commercial edible food generators and July 1, 2024, for tier two commercial edible food generators, they will provide an annual edible food recovery report to the designee for edible food recovery that includes, but is not limited to, the following information: a list of all contracts with food recovery organizations and food recovery services, the amount and type of edible food donated to food recovery organizations and food recovery services, the schedule of edible food pickup by food recovery organizations and food recovery services, a list of all types of edible food categories they generate, such as “baked goods,” that are not accepted by the food recovery organizations and food recovery services with whom they contract, the contact information for the manager and all staff responsible for edible food recovery, and certification that all staff responsible for edible food recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. With the exception of the food safety and handling training certification, tier one and tier two commercial edible food generators may coordinate with their edible food recovery contractors to supply this information. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template located on the county of San Mateo office of sustainability website.
8. Mandate their edible food recovery staff learn and follow the donation guidelines and attend trainings conducted by food recovery organizations or food recovery services with which they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.
9. Tier one and tier two commercial edible food generators who self-haul edible food will require those transporting edible food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food.
D. Nothing in this chapter should 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 of California 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 Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 791, § 1).
6.45.060 Requirements for food recovery organizations and services.
A. Food recovery services operating in the city and collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators via a contract or written agreement established under the requirements of this chapter will maintain the following records:
1. The name, address, and contact information for each tier one and tier two commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each tier one and tier two commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization or redistribution site per month.
4. The name, address, and contact information for each food recovery organization or redistribution site that the food recovery service transports edible food to for food recovery.
B. Food recovery organizations operating in the city and collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators, via a contract or written agreement established under the requirements of this chapter, or receiving edible food from the food recovery services or from food recovery organizations, will maintain the following records:
1. The name, address, and contact information for each tier one and tier two commercial edible food generator, food recovery service, or other food recovery organization from which the organization receives edible food.
2. The quantity in pounds of edible food by type collected or received from each tier one or tier two commercial edible food generator, food recovery service, or other food recovery organization per month.
3. The name, address, and contact information for other food recovery organizations or redistribution sites that the food recovery organization transports edible food to for food recovery.
C. Food recovery organizations and food recovery services operating in the city will inform tier one and tier two commercial edible food generators from which they collect or receive edible food about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established as required by this chapter.
D. Commencing no later than July 1, 2022, food recovery organizations and food recovery services operating in the city and collecting or receiving edible food from tier one and tier two commercial edible food generators or any other source will report to the designee for edible food recovery the following: a detailed edible food activity report of the information collected as required under this chapter, including weight in pounds by type and source of edible food, the schedule/frequency of pickups/drop-offs of edible food from/to each edible food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support edible food recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up-to-date list of tier one and tier two commercial edible food generators with whom they have contracts or agreements established as required under this chapter. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template located on the county of San Mateo office of sustainability website. This edible food activity report will be submitted quarterly, or at the discretion of the designee for edible food recovery, less frequently, and will cover the activity that occurred since the period of the last submission.
E. Food recovery organizations and food recovery services operating in the city will contact the designee for edible food recovery to discuss the requirements of this chapter before establishing new contracts or agreements with tier one or tier two commercial edible food generators and in order to maintain existing contracts or agreements for the recovery of edible food with tier one and tier two commercial edible food generators.
F. In order to provide the required records to the state, the city, or the designee for edible food recovery, and tier one or tier two commercial edible food generators, contracts between food recovery organizations and food recovery services operating in the city and tier one and tier two commercial edible food generators will either:
1. Use the model food recovery agreement developed by CalRecycle and include a clause requiring the food recovery organization or food recovery service to report to the tier one and tier two commercial edible food generators with whom they have contracts the annual amount of edible food recovered and to inform them of the tax benefits available to those who donate edible food to nonprofits; or
2. Include in their contracts the following elements:
a. List/description of allowable foods the food recovery organization/food recovery service will receive.
b. List/description of foods not accepted by the food recovery organization/food recovery service.
c. Conditions for refusal of food.
d. Food safety requirements, training, and protocols.
e. Transportation and storage requirements and training.
f. A protocol for informing the tier one or tier two commercial edible food generators of a missed or delayed pickup.
g. Notice that donation dumping is prohibited.
h. Provisions to collect sufficient information to meet the record-keeping requirements of this chapter.
i. Fees/financial contributions/acknowledgement of terms for the pickup and redistribution of edible food.
j. Terms and conditions consistent with the CalRecycle model food recovery agreement.
k. Information supplying the tier one or tier two commercial edible food generators with the annual amount of edible food recovered and informing them of the tax benefits that may be available to those who donate edible food to nonprofits.
l. Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for edible food recovery.
m. Food recovery organizations accepting self-hauling of edible food from tier one and tier two commercial edible food generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food the self-hauler must follow for the edible food to be accepted.
G. Food recovery organizations and food recovery services operating in the city will demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of edible food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.
H. Food recovery organizations and food recovery services operating in the city will use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of edible food recovered from tier one and tier two commercial edible food generators for the duration of the transportation of the edible food for redistribution, including edible food transported by private vehicles.
I. In order to ensure recovered edible food is eaten and to prevent donation dumping, food recovery organizations and food recovery services operating in the city will provide documentation that all redistribution sites which are not themselves food recovery organizations to which they deliver edible food have a feeding or redistribution program in place to distribute, within a reasonable time, all the edible food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.
J. Food recovery organizations and food recovery services operating in the city unable to demonstrate a positive reduction in GHG emissions for their edible food recovery operational model cannot contract with tier one and tier two commercial edible food generators in the city for the purpose of recovering edible food as defined in this chapter. Food recovery organizations and food recovery services contracting to recover edible food from a tier one and tier two commercial edible food generator for redistribution will consult with the city’s designee for edible food recovery to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pickup and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.
K. Food recovery organizations and food recovery services operating in the city will visually inspect all edible food recovered or received from a tier one and tier two commercial edible food generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, food recovery organizations and food recovery services will immediately notify the designee for edible food recovery using the process found on the county of San Mateo office of sustainability’s website. The notice will include:
1. The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.
2. The date and time such food was identified.
3. The name, address and contact information for the tier one or tier two commercial edible food generator which provided the food.
4. The date and time the food was picked up or received.
5. A brief explanation of why the food was rejected or refused.
L. Contracts between tier one or tier two commercial edible food generators and food recovery organizations or food recovery services will not include any language prohibiting tier one or tier two commercial edible food generators from contracting or holding agreements with multiple food recovery organizations or food recovery services listed on the county of San Mateo office of sustainability website.
M. Food recovery organizations and food recovery services operating in the city will conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to tier one and tier two commercial edible food generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption.
N. Edible Food Recovery Capacity Planning.
1. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other such studies, food recovery services and food recovery organizations operating in the city will provide information and consultation to the city and its designee for edible food recovery upon request, regarding existing, or proposed new or expanded, edible food recovery capacity that could be accessed by the city and its tier one and tier two commercial edible food generators. A food recovery service or food recovery organization contacted by the city or its designee for edible food recovery will respond to such requests for information within sixty days.
O. Allow city’s enforcement entity or their designee for edible food recovery to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the city or the designee for edible food recovery. (Ord. 791, § 1).
6.45.070 Requirements for haulers and facility operators.
A. Requirements for Haulers.
1. Exclusive franchised haulers providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries will meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
a. Through written notice to the city annually on or before January 2, 2022, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste.
b. Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and the city’s C&D chapter.
2. Exclusive franchised haulers authorized to collect organic waste will comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting as required by CalRecycle, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.
3. No person, firm, corporation, or hauler will take any action that would violate Chapter 6.15 or 6.30 MMC.
B. Requirements for Facility Operators and Community Composting Operations.
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works will, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city will respond within sixty days.
2. Community composting operators, upon city request, will provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city will respond within sixty days. (Ord. 791, § 1).
6.45.080 Self-hauler requirements.
A. Self-haulers will source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or will haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
B. Self-haulers will 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.
C. Self-haulers that are commercial businesses (including multifamily residential dwellings) will 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 will be subject to inspection by the city and its designee. The records will include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. 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 will keep a record of the entities that received the organic waste.
D. Self-haulers that are commercial businesses (including multifamily self-haulers) will provide information collected in subsection C of this section to the city if requested.
E. A residential organic waste generator that self-hauls organic waste is not required to record or report information in this section. (Ord. 791, § 1).
6.45.090 Inspections and investigations by the city.
The city and its designee, including the designee for edible food recovery, 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 multifamily residential dwellings), property owners, tier one and tier two 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. For the purposes of inspecting commercial business containers for compliance with this chapter, the city may conduct container inspections for prohibited container contaminants using remote monitoring when said monitoring is approved, and commercial businesses will accommodate and cooperate with the remote monitoring pursuant to MMC 6.45.030. (Ord. 791, § 1).
6.45.100 Enforcement.
A. Violation of any provision of this chapter will constitute grounds for issuance of a notice of violation and/or assessment of a fine by a city enforcement entity, designee for edible food recovery, or an authorized agent or representative of either. Enforcement actions under this chapter include issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines specified in MMC 1.05.030 will govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The city or designee for edible food recovery may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.
C. Responsible Entity for Enforcement.
1. Enforcement pursuant to this chapter may be undertaken by the city enforcement entity, city attorney, designee for edible food recovery, or combination thereof.
2. Enforcement may also be undertaken by a regional enforcement official or designee for edible food recovery, in consultation with the city enforcement entity.
3. The city enforcement entity, regional enforcement official, and/or designee for edible food recovery may interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; determine if compliance standards are met; and issue notices of violation(s).
D. Process for Enforcement.
1. The city enforcement entity or regional enforcement official and/or their designee for edible food recovery will monitor compliance with this chapter on a random basis and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).
2. The city or their designee for edible food recovery may issue an official notification to notify regulated entities of its obligations under this chapter.
3. For incidences of prohibited container contaminants found in containers, a city enforcement entity will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants. If prohibited container contaminants are observed in a generator’s containers on multiple occasions, a city enforcement entity may assess contamination processing fees on the generator. The issuance of notices of violations, assessment of contamination processing fees, and referral to city for imposition of administrative citations and fines will be conducted per an approved trash container management policy between the city and solid waste franchisee(s), as such policy(ies) are amended, supplemented, superseded and replaced from time to time.
The city or its designee for edible food recovery will issue a notice of violation to any tier one or tier two commercial edible food generator found to have edible food in any waste container or to any food recovery organization or food recovery service found to have edible food recovered from a tier one or tier two edible food generator in a waste collection container which has not been documented by a notice of significant spoilage as required in this chapter. Such notice will be provided by email communication immediately upon identification of the violation or within three calendar days after determining that a violation has occurred. If the city or its designee for edible food recovery observes edible food in a tier one or tier two commercial edible food generator, or food recovery organization, or food recovery service waste container on more than two consecutive occasion(s), the city or its designee for edible food recovery may assess an administrative citation and fine, pursuant to the edible food recovery penalties provisions contained in this chapter, on the tier one or tier two commercial edible food generator, food recovery organization, or food recovery service.
4. With the exception of violations of generator contamination of container contents addressed under subsection (D)(3) of this section, the city will issue a notice of violation requiring compliance within sixty days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city will commence an action to impose penalties, via an administrative citation and fine, pursuant to MMC 1.05.030.
For the purposes of edible food recovery, the designee for edible food recovery will commence an action to impose penalties, via an administrative citation and fine, pursuant to the edible food recovery penalties provisions contained in this chapter.
Notices will be sent to “owner” at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
E. Penalty Amounts for Types of Violations. The penalty amounts for violations are the fine amounts set forth in MMC 1.05.030.
F. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines 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 and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
G. Appeals Process. Any person receiving an administrative citation under this chapter may contest that administrative citation in accordance with the provisions set forth in MMC 1.05.030.
H. Education Period for Noncompliance. From January 1, 2022, through December 31, 2023, the city or designee for edible food recovery will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city or designee for edible food recovery determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it will provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
I. Civil Penalties for Noncompliance. Enforcement for noncompliance of regulations contained in this chapter will not commence until January 1, 2024.
J. Enforcement Table. A nonexhaustive description of violations of this chapter is found in the following table:
|
Requirement |
Description of Violation |
|---|---|
|
Commercial business and commercial business owner responsibility requirement – MMC 6.45.030 |
Commercial business fails to provide or arrange for organic waste collection services consistent with city requirements and as outlined in this chapter, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color. |
|
Organic waste generator requirement – MMC 6.45.020, 6.45.030 and 6.45.050 |
Organic waste generator fails to comply with requirements adopted pursuant to this chapter for the collection and recovery of organic waste. |
|
Hauler requirement – MMC 6.45.070 |
A hauler providing residential, commercial or industrial organic waste collection service fails to transport organic waste to a facility, operation, activity, or property that recovers organic waste, as prescribed by this chapter. |
|
Hauler requirement – MMC 6.45.070 |
A hauler providing residential, commercial, or industrial organic waste collection service fails to obtain applicable approval issued by the city to haul organic waste as prescribed by this chapter. |
|
Hauler requirement – MMC 6.45.070 |
A hauler fails to keep a record of the applicable documentation of its approval by the city, as prescribed by this chapter. |
|
Self-hauler requirement – MMC 6.45.080 |
A generator who is a self-hauler fails to comply with the requirements of 14 CCR Section 18988.3(b). |
|
Commercial edible food generator requirement – MMC 6.45.050(A) |
Tier one commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing January 1, 2022. |
|
Commercial edible food generator requirement – MMC 6.45.050 |
Tier two commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing January 1, 2024. |
|
Commercial edible food generator requirement – MMC 6.45.050(C)(4) |
Tier one or tier two commercial edible food generator intentionally spoils edible food that is capable of being recovered by a food recovery organization or food recovery service. |
|
Organic waste generator, commercial business owner, commercial edible food generator, food recovery organization or food recovery service – MMC 6.45.090 |
Failure to provide or arrange for access to an entity’s premises for any inspection or investigation. |
|
Record-keeping requirements for commercial edible food generator – MMC 6.45.050 |
Tier one or tier two commercial edible food generator fails to keep records, as prescribed by MMC 6.45.050(C)(6). |
|
Record-keeping requirements for food recovery services and food recovery organizations – MMC 6.45.060 |
A food recovery organization or food recovery service that has established a contract or written agreement to collect or receive edible food directly from a commercial edible food generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by MMC 6.45.060. |
(Ord. 791, § 1).
6.45.110 Effective date.
This chapter will be effective commencing on January 1, 2022. (Ord. 791, § 1)