Chapter 6.06
STATE MANDATED MUNICIPAL SOLID WASTE DIVERSION PROGRAMS

Sections:

6.06.005    Purpose and Intent.

6.06.010    Definitions.

6.06.020    Diversion of Recyclable Materials.

6.06.030    Diversion of Food Scraps.

6.06.040    Diversion of Green Waste and Wood Waste.

6.06.050    Use of Green Waste and/or Wood Waste as Alternative Daily Cover Prohibited.

6.06.060    Green Waste and Wood Waste Diversion Required in Landscaping and Gardening Contracts.

6.06.070    Full Participation in Diversion Programs Required.

6.06.080    Reporting, Inspections, and Compliance Verification.

6.06.090    Tenant Participation in Diversion Programs.

6.06.100    Diversion Programs Required at Special Events.

6.06.110    Waivers.

6.06.120    Enforcement.

6.06.130    Disclaimer of Liability.

6.06.005 Purpose and Intent.

The City Council finds and declares that the regulations contained in this chapter are necessary and appropriate to protect the health, safety and welfare of the citizens of the City by providing minimum standards for the safe and sanitary collection, storage, and transportation of solid waste, food scraps, green waste, wood and recyclable materials generated within the City and the diversion of food scraps, green waste, wood and recyclable materials from the landfill. (Ord. 2019-15 § 6 (part), 2019)

6.06.010 Definitions.

For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined in Chapter 6.04 shall have the same meanings herein unless expressly defined in this chapter. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number.

“AB 341 dirty materials recovery facility” or “AB 341 dirty MRF” means a facility, or that certain portion of a facility, that processes municipal solid waste to separate recyclable materials for sale to end users.

“AB 341 generator” means all municipal solid waste generators required by AB 341 (Public Resources Code Section 41780.01) to divert recyclable materials generated on site from disposal, including: (A) all businesses located and operating within the City, and the responsible parties, property owners, owners, operators, property managers, tenants and lessees of same, that generate four or more cubic yards of municipal solid waste per week; including, but not limited to, retail stores, restaurants, offices, supermarkets, convenience stores, malls, strip malls, service businesses, hospitals, assisted living facilities, and Federal, State and local government facilities; (B) multifamily dwellings consisting of five units or more regardless of the amount of municipal solid waste generated; (C) the City, its facilities, and its nonresidential properties; and (D) special events that take place within the City that generate four or more cubic yards of municipal solid waste per event, whether or not sponsored by the City.

“AB 1826 generator” means: (A) all food-generating businesses within the City, and the responsible parties, property owners, owners, operators, property managers, tenants and lessees of same, that generate four or more cubic yards of municipal solid waste per week and are required by AB 1826, as codified in Public Resources Code Section 42649.82, to divert all food scraps generated on site from disposal; including, but not limited to, all restaurants, cafeterias, hospitals, and supermarkets; (B) all nonfood-generating businesses, and the responsible parties, property owners, owners, operators, property managers, tenants and lessees of same, that generate four or more cubic yards of solid waste per week and that generate green waste and/or wood; (C) all multifamily dwellings consisting of five units or more, regardless of the amount of municipal solid waste generated; (D) the City, its facilities, and nonresidential properties; and (E) special events that take place within the City that generate four or more cubic yards of municipal solid waste per event, whether or not sponsored by the City. As of the effective date of the ordinance codified in this chapter, the threshold amount of municipal solid waste provided for in Public Resources Code Section 42649.81 is four or more cubic yards of municipal solid waste which may be reduced by CalRecycle to two cubic yards of municipal solid waste per week on or after January 1, 2020. If CalRecyle changes the quantities of solid waste necessary to be considered an AB 1826 generator, the definition of an AB 1826 generator shall be automatically amended to reflect these new quantities.

“AB 1826 green waste and/or wood waste dirty materials recovery facility” or “AB 1826 dirty MRF” means a facility, or that certain portion of a facility, that processes municipal solid waste to separate green waste and/or wood waste.

“Alternative daily cover” or “ADC” means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, flies, fires, odors, blowing litter and scavenging.

“CalRecycle” means the California Department of Resources Recycling and Recovery or any successor agencies.

“Compost appliance” means an enclosed on-site device that utilizes aerobic microbial digestion of food scraps.

“Construction and demolition debris” means all inert material of every nature, description or kind, which has resulted from the building or demolition of a structure, pavements, sidewalks, curbs, gutters and other concrete structures, including all lumber scraps, shingles, plaster, sheetrock, packaging, rubble, brick, stone, concrete, asphalt, dirt, rock and other building materials.

“Container” means any object designed and used to hold or store municipal solid waste, recyclable materials, food scraps, green waste, or construction and demolition debris. “Container” includes, but is not limited to, carts, bins, open top roll off boxes, and compactors.

“Contamination” means materials not designated to be placed in a particular container or, with regard to processing, at a permitted processing facility that would interfere with such processing and/or reduce the quality and value of divertible material. Examples include recyclable materials placed in a green waste container or food scraps placed in a recyclable materials container and include municipal solid waste placed in any container designated for divertible materials and any divertible materials placed in a container designated for municipal solid waste.

“Director” means the Director of the Public Works Department or his or her designee.

“Diversion” or “divert” means any combination of recycling, sorting, composting and other processing activities conducted at a clean materials recovery facility, a mixed waste processing facility (dirty MRF), a compost facility, an anaerobic digestion facility, a bioengineered feedstock facility, and/or at a construction and demolition debris processing facility to use or market the materials for reuse, remanufacture, reconstitution or otherwise return the materials to the economic marketplace and to prevent the materials from being disposed of in a landfill.

“Divertible materials” or “divertible” means recyclable materials, food scraps, green waste, and/or construction and demolition debris, electronic waste, universal waste, and all other materials that may be diverted from landfill disposal and includes, but is not limited to, all materials required to be diverted from landfill disposal by the City, CalRecycle or any State or Federal agency.

“Edible food for human consumption” or “edible food” means food that has been prepared but not served, and includes but is not limited to: any appetizer, soup, salad, entree, dessert, raw fruit and vegetable, that may or may not have been sliced, grated, cooked, baked or otherwise prepared for consumption but not served; any packaged sandwich, salad, fruit and fruit salad; and other nonserved food that meets State and local requirements as being edible for human consumption.

“Food scraps” means discarded material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from municipal solid waste and includes surplus or unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables, culls, and plate scrapings. For purposes of this chapter, “food scraps” does not include edible food for human consumption that is donated or sold.

“Food soiled paper” means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags, cardboard and wax-coated cardboard produce boxes that are contaminated with food scraps. For purposes of this chapter, “food soiled paper” does not include aluminum foil, foil-lined wrap, plastic wrap, polystyrene, expanded polystyrene or diapers.

“Generator” means both an AB 341 generator and AB 1826 generator.

“Multifamily dwelling” means a building, dwelling unit or complex containing multiple dwelling units that house five residences or more and that utilize centralized municipal solid waste collection service from bins, wheeled carts, compactors and/or roll off boxes located in enclosures or other designated areas and includes any apartment complex, condominium, townhouse, gated development, homeowner’s association, mobile home park and similarly configured housing complexes that utilize centralized service. For purposes of this chapter, “multifamily dwelling” does not include single-family residences, duplexes, triplexes, fourplexes or any residences that have individual wheeled cart municipal solid waste collection service at each unit or residence.

“Municipal solid waste” or “MSW” means putrescible and nonputrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of this chapter, “municipal solid waste” does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris that have been separated and segregated from municipal solid waste for diversion and/or liquid waste, abandoned vehicles, auto parts, hazardous, biohazardous and biomedical waste.

“Permitted processing facility” means a processing facility for diverted materials that holds all required Federal, State, and local permits and is operating in accordance with all permit requirements including, but not limited to, materials recovery facilities (clean MRFs), mixed waste processing materials recovery facilities (dirty MRFs), composting facilities, anaerobic digestion facilities, publicly owned treatment works that accept food scraps and/or bioengineered feedstock for digestion, and processing facilities for construction and demolition debris.

“Recyclable material” shall have the same definition as set forth in Section 6.04.020.

“Responsible party” means property owners, business owners, property managers, property management firms and business managers as well as the person(s) that subscribes to and pays for municipal solid waste and/or divertible materials collection service for a premises or business located within the City, or that otherwise arranges for removal of municipal solid waste and/or divertible material from the business premises and that has the legal authority to compel generators to comply with the requirements of this chapter.

“Self-haul” means the transport of municipal solid waste and/or divertible materials by the person who generated the municipal solid waste and/or divertible materials, or by the owner or manager of a premises at which the materials and/or municipal solid waste were generated and whose primary business is not the collection and transport of municipal solid waste or divertible materials. “Self-haul” includes backhauling of divertible materials generated on the self-hauler’s premises using the generator’s own employees and equipment. For example, a supermarket backhauls spoiled fruits and vegetables to its central distribution facility for consolidation and transport to a composting facility.

“Special event” means a temporary gathering for a specific event or purpose such as concerts, fairs, festivals, swap meets, athletic events, boat shows, fireworks displays, and outdoor weddings, which requires a Level 2 or Level 3 City permit pursuant to Chapter 11.03.

“Wood waste” or “wood” means all nonhazardous wood material that is not painted with lead-based or other paints containing materials identified as hazardous, or treated with creosote or other hazardous materials and includes, but is not limited to, tree branches and other wood trimmings, dimensional lumber and other pieces of wood generated during the manufacture or processing of wood products, and the wood debris from construction and demolition activities. (Ord. 2019-15 § 6 (part), 2019)

6.06.020 Diversion of Recyclable Materials.

A.    An AB 341 generator shall divert all recyclable materials generated at their premises by one or more of the following methods, and shall fully participate in the method(s) selected:

1.    Separate all recyclable materials from other municipal solid waste and subscribe to a recyclable materials collection service a minimum of once a week from a City-authorized franchisee and fully participate in the diversion program provided by the franchisee;

2.    Separate recyclable materials from other municipal solid waste; and

a.    Self-haul the recyclable materials to a permitted recycling center or a permitted processing facility for diversion; or

b.    Donate or sell the recyclable materials to a recycling business that collects and/or accepts the materials for recycling as described in Section 12.63.150(B); and/or

3.    Subscribe to a recycling service offered by a City-authorized franchisee that uses a City-approved AB 341 dirty MRF to separate recyclable materials from other municipal solid waste that yields diversion results comparable to source separation.

B.    For purposes of this section, to be considered as fully participating while utilizing a City-authorized franchisee, an AB 341 generator shall comply with all requirements in Section 6.06.070 or subscribe to a recycling service offered by a City-authorized franchisee that uses a City-approved AB 341 dirty MRF to separate recyclable materials from other municipal solid waste that yields diversion results comparable to source separation. (Ord. 2019-15 § 6 (part), 2019)

6.06.030 Diversion of Food Scraps.

A.    An AB 1826 generator, other than a multi-family dwelling, shall divert all food scraps and food soiled paper generated at their premises by one or more of the following methods and shall fully participate in the method(s) selected:

1.    Source separate all food scraps and food soiled paper from other municipal solid waste and subscribe to a source separated collection service a minimum of once a week from a City-authorized franchisee;

2.    Separate food scraps from other municipal solid waste and donate or sell the food scraps for use as animal feed;

3.    Separate food scraps and food soiled paper from other municipal solid waste and compost the food scraps and food soiled paper on site using a compost appliance, backyard compost unit, compost pile, or in a community garden in compliance with all other applicable provisions of this Code;

4.    Self-haul the food scraps and food soiled paper to a permitted processing facility for diversion; and/or

5.    Donate or sell the food scraps to a for-profit or nonprofit business that utilizes food scraps as an input for food and beverage manufacturing processes. For example, spent grain from beer brewing process used to make cereal bars or stale bread donated for use in a beer brewing process.

B.    To be considered fully participating in any of the above-listed methods in subsections (A)(1) through (5), AB 341 generators shall comply with all requirements in Section 6.06.070. (Ord. 2019-15 § 6 (part), 2019)

6.06.040 Diversion of Green Waste and Wood Waste.

A.    An AB 1826 generator shall divert all green waste and wood waste generated at their premises by one or more of the following methods and shall fully participate in the method(s) selected:

1.    Separate all green waste and wood waste from other municipal solid waste and subscribe to a green waste and/or wood waste collection service a minimum of once a week from a City-authorized franchisee;

2.    Separate green waste and/or wood waste from other municipal solid waste and compost the green waste and/or wood waste on site in a backyard compost unit, compost pile, or community garden in compliance with all other applicable provisions of this Code;

3.    Self-haul the green waste and/or wood waste to a permitted processing facility for diversion;

4.    Subscribe to a recycling service offered by a City-authorized franchisee that uses a City-approved AB 1826 dirty MRF that is compliant with all CalRecycle standards and requirements for a “high diversion organic waste processing facility” to separate green waste and/or wood waste from other municipal solid waste; and/or

5.    Contract with a gardening or landscaping service and include in the contract the provisions of Section 6.06.060.

B.    To be considered fully participating while using methods in subsections (A)(1), (2), and/or (3) of this section, AB 1826 generators of green waste and/or wood waste shall comply with all requirements in Section 6.06.070. AB 1826 generators of green waste and/or wood waste using only methods in subsections (A)(4) and/or (5) of this section are not required to comply with the requirements in Section 6.06.070. AB 1826 generators of green waste and/or wood waste using the method in subsection (A)(5) of this section shall only be considered as fully participating if they have a written contract with a gardening or landscaping service, the written contract contains the provisions listed in Section 6.06.060, and the gardening or landscaping service is fully complying with the terms of the contract.

C.    All owners, contractors and builders of construction projects and demolition projects in the City shall comply with the requirements of Section 15.11.010 for diversion of wood waste and all other construction and demolition waste generated by such projects. For such projects, the requirements of Section 15.11.010 shall take precedence over the requirements of this section. (Ord. 2019-15 § 6 (part), 2019)

6.06.050 Use of Green Waste and/or Wood Waste as Alternative Daily Cover Prohibited.

A.    Any person collecting green waste or wood waste in City shall compost the green waste and/or wood waste on site or deliver the green waste and/or wood waste to a permitted green waste and/or wood waste processing facility for diversion.

B.    No generator of green waste and/or wood waste shall permit any green waste or wood waste collected in City to be used as alternative daily cover at a landfill as an end use including, but not limited to, green waste and wood waste processed at a permitted processing facility. (Ord. 2019-15 § 6 (part), 2019)

6.06.060 Green Waste and Wood Waste Diversion Required in Landscaping and Gardening Contracts.

An AB 1826 generator contracting for gardening or landscaping services shall require written contracts which contain the following provisions:

A.    All green waste and wood waste generated at the premises by the landscaping or gardening service shall be diverted from disposal by one or more of the methods in Section 6.06.040.

B.    A prohibition on the use of green waste or wood waste, or processed green or wood waste as alternative daily cover at a landfill.

C.    A requirement that the landscaper or gardener certify that the requirements set forth in subsections (A) and (B) of this section are being met and that all green waste and wood waste handled by the landscaper or gardener is not being used as alternative daily cover.

D.    A requirement that the landscaper or gardener annually, on or before July 1st, certify that it is compliant with this section by completing and submitting a City-provided reporting form.

E.    A requirement that the landscaper or gardener provide copies of weight tickets from the permitted processing facility(ies) where the green waste and/or wood waste from premises within City were delivered by the landscaper or gardener, as required by Section 6.06.080(C) and (E). (Ord. 2019-15 § 6 (part), 2019)

6.06.070 Full Participation in Diversion Programs Required.

A generator shall fully participate in the diversion program(s) the generator selects for their premises such that all the following requirements are met:

A.    The generator shall provide appropriately sized and labeled containers for divertible materials wherever municipal solid waste containers are provided for use by employees, customers and tenants, excluding restrooms, and:

1.    An AB 341 generator shall provide containers for recyclable materials;

2.    An AB 1826 generator, other than a multi-family dwelling, shall provide containers for food scraps, green waste and wood; and

3.    An AB 1826 multifamily dwelling shall provide containers for green waste and wood but shall not be required to provide containers for, or to divert, food scraps.

B.    The generator shall prohibit the generator’s employees and tenants from placing divertible materials in a container not designated to receive said material.

C.    The generator shall periodically inspect municipal solid waste containers and divertible materials containers for contamination and inform employees and tenants if containers are contaminated and of the requirement to only use the specified container for each type of divertible material.

D.    The generator shall ensure the generator’s municipal solid waste carts and bins do not contain AB 341 or AB 1826 divertible materials (except multifamily dwellings’ municipal solid waste containers may contain food scraps).

E.    The generator shall ensure the generator’s divertible materials carts and bins contain no municipal solid waste.

F.    The generator shall use appropriately sized lidded, wheeled cart(s) and/or lidded bin(s) provided by a franchisee for storage of all divertible materials or, if other types of containers are used, the generator shall ensure the containers are in compliance with this Code.

G.    The generator shall place out for collection AB 341 and AB 1826 divertible materials at the designated collection location on the designated day and at the designated time.

H.    The generator shall subscribe to adequate levels of service such that AB 341 and AB 1826 divertible materials are collected a minimum of one time per week or more frequently if required to prevent overflow of the carts and/or bins and to prevent placement of divertible materials in the municipal solid waste containers or in containers designated for other divertible materials.

I.    If a generator is self-hauling divertible materials to a permitted processing facility or donation location the generator shall ensure that:

1.    Food scraps and green waste are self-hauled a minimum of once a week or more frequently if required to prevent: (a) overflow of the carts and/or other containers, (b) odors, vectors or creation of a nuisance, and/or (c) placement of divertible materials in the municipal solid waste containers or in containers designated for other divertible materials; and

2.    Other divertible materials are self-hauled a minimum of once a month or more frequently if required to prevent: (a) overflow of the carts and/or bins, (b) odors, vectors or creation of a nuisance, and/or (c) placement of divertible materials in the municipal solid waste containers or in containers designated for other divertible materials.

J.    If a generator is donating or selling divertible materials to a third party that collects the divertible materials, the generator shall ensure that:

1.    Donated food scraps and green waste are collected a minimum of once a week and more frequently if required to prevent: (a) overflow of the carts and/or other containers, (b) odors, vectors or creation of a nuisance, and/or (c) placement of divertible materials in the municipal solid waste containers or in containers designated for other divertible materials; and

2.    Other donated divertible materials are collected a minimum of once a month or more frequently if required to prevent: (a) overflow of the carts and/or other containers, (b) odors, vectors or creation of a nuisance, and/or (c) placement of divertible materials in the municipal solid waste containers or in containers designated for other divertible materials. (Ord. 2019-15 § 6 (part), 2019)

6.06.080 Reporting, Inspections, and Compliance Verification.

Generators that donate, sell, or self-haul AB 341 and/or AB 1826 divertible materials shall comply with the following requirements:

A.    Annually, on or before July 1st, generator shall submit to the City a fully completed City-provided compliance reporting form either in hard copy or electronically.

B.    Within thirty (30) calendar days of a request by the City, the generator shall obtain and provide copies of weight tickets or receipts from the recycling center(s) and/or permitted processing facility(ies) where the divertible materials were delivered by the generator or by a third party to whom divertible materials were donated or sold.

C.    On or before July 1st of each year, AB 1826 generators that contract with a landscaping or gardening service shall complete and submit a compliance reporting form as provided by the City with the following items attached:

1.    Copies of the generator’s contract(s) with the landscaping or gardening service(s) that comply with Section 6.06.060.

2.    Copies of landscaper and gardener certification(s) that green waste and wood waste were not used as alternative daily cover during the preceding twelve (12) months.

D.    Within thirty (30) calendar days of a request by the City, the generator shall provide the City with any relevant information necessary to verify the end use of recyclable materials, green waste, wood waste and food scraps to ensure the materials were diverted from landfill and/or were processed at permitted facilities and diverted from landfill.

E.    Upon request by the City, an AB 1826 generator contracting for gardening or landscaping services shall provide copies of the contracts, certifications, receipts and/or weight tickets from the permitted processing facility(ies) to the City within thirty (30) calendar days of service of the request in accordance with Section 1.08.080.

F.    During regular business hours, generators shall allow the City access to properties to check containers for contamination and to verify compliance with the requirements of Section 6.06.070.

G.    Generators shall not submit any report to the City that contains false or misleading information. (Ord. 2019-15 § 6 (part), 2019)

6.06.090 Tenant Participation in Diversion Programs.

A property owner of a multifamily residential dwelling, mall, strip mall or other commercial building shall require tenants and lessees to separate the divertible materials generated in the unit or space they occupy from municipal solid waste and place the divertible materials in designated containers described in Sections 6.06.070(A) and (F) for each type of material to aid in compliance with this chapter. (Ord. 2019-15 § 6 (part), 2019)

6.06.100 Diversion Programs Required at Special Events.

A.    The promoter, coordinator or responsible party for a Level 2 or 3 special event pursuant to Chapter 11.03 shall provide sufficient containers to handle all municipal solid waste, recyclable material and food scraps from the event and shall ensure the proper storage, collection and diversion of recyclable materials and food scraps.

B.    The responsible party shall, as part of the application for a Level 2 or 3 special event permit, submit an implementation plan for the handling and diversion of recyclable materials and food scraps generated at the event that meets the requirements of this section and submit a deposit of two hundred fifty dollars ($250.00) for a Level 2 event or a deposit of five hundred dollars ($500.00) for a Level 3 event with the application.

C.    The promoter, coordinator or responsible party shall provide three types of containers at appropriate locations at the special event to facilitate the source separation of municipal solid waste, recyclable materials and food scraps by event employees, vendors and attendees. The three types of containers shall:

1.    Be appropriate in number and size with respect to the quantity of municipal solid waste, recyclable materials, and food scraps anticipated to be generated at the special event;

2.    Bear appropriate signage to identify the type of materials to be contained and meet any additional design criteria established by the City; and

3.    Be placed together as municipal solid waste, recyclable materials and food scrap stations throughout the special event venue to provide equally convenient access to users for disposal of municipal solid waste and diversion of recyclable materials and food scraps.

D.    If the promoter or coordinator determines that vendor booths at the special event will require municipal solid waste containers, the coordinator, promoter or responsible party shall provide the vendor with a set of three containers bearing appropriate signage to identify the type of material to be contained in each container.

E.    The use of public municipal solid waste containers or public recyclable material or food scraps containers at special events is prohibited. The promoter, coordinator or responsible party shall remove or cover all public municipal solid waste, recycling and food scraps receptacles to prevent their use during the special event.

F.    The promoter, coordinator or responsible party shall arrange for collection of all municipal solid waste, recyclable materials and food scraps at frequencies that prevent the overflow of said materials from storage containers at the special event. For special events of more than one day in duration, all municipal solid waste, recyclable materials and food scraps shall be either collected and transported off site at the end of each day, or emptied into interim containers (lidded wheeled carts, lidded bins or covered roll off boxes) at the end of each day as required to prevent odors, vectors and blowing litter.

G.    The promoter, coordinator or responsible party shall arrange for collection and transport of all municipal solid waste to a fully permitted landfill or other fully permitted disposal site, and shall arrange for collection and transport of all recyclable materials and food scraps to permitted processing facilities for these materials to be diverted.

H.    The promoter, coordinator or responsible party shall obtain weight tickets from the disposal site and all permitted processing facilities showing the date and weight of the materials delivered to the facility from the special event.

I.    The promoter, coordinator or responsible party shall submit the following information to the City within thirty (30) calendar days of the end of the special event:

1.    Name and date(s) of the special event;

2.    Contact information for the responsible party, promoter or coordinator;

3.    Address of location where event was held;

4.    Number of attendees for each day of the event;

5.    Quantity of municipal solid waste collected and disposed;

6.    Quantity of recyclable materials collected and diverted;

7.    Quantity of food scraps collected and diverted; and

8.    Copies of weight tickets from municipal solid waste disposal facility and all permitted processing facilities where recyclable materials and food scraps were delivered.

J.    The deposit paid by the promoter, coordinator or responsible party shall be returned upon City verification that the diversion program was carried out in compliance with this section. The deposit shall be retained by the City in the event the Director determines that the solid waste diversion program was not implemented in compliance with this section. (Ord. 2019-15 § 6 (part), 2019)

6.06.110 Waivers.

A.    The Director may waive all or some of the requirements of this chapter and exempt a generator from such specified requirements for up to a one-year period, per request, based upon a finding that:

1.    The premises lacks adequate space for containers for the specified recyclable materials, food scraps, green waste and/or wood and that space physically does not exist and cannot be created for same.

2.    The generator’s total solid waste collection service is adequate for the quantities generated at the premises, and consists of four cubic yards or more per week of service; and the combination of food scraps, green waste and wood waste taken together, equals less than one-half of one cubic yard per week of the businesses’ total municipal solid waste.

B.    An application for a waiver shall be submitted on a form provided by the Director, with the application fee, and include all information necessary for the Director to make his/her decision, including but not limited to documentation showing the factual support for the requested waiver. The Director may require the applicant to provide additional information to permit the Director to determine facts regarding the waiver application.

C.    The City will, upon receipt of the request for a waiver from a generator, conduct a site visit to evaluate the request and assess possible alternative container and service configurations for the premises.

D.    The Director may approve, conditionally approve, or deny the waiver application, in whole or in part.

E.    The Director’s decision shall be final thirty (30) calendar days after notice is provided to the applicant in accordance with Section 1.08.080, unless appealed to the Assistant City Manager within that time frame. Any appeal shall be submitted to the Assistant City Manager on a form approved by the Assistant City Manager along with the appeal fee. If appealed, the Assistant City Manager shall complete his/her review and issue a written decision upholding, overturning or modifying the decision of the Director within thirty (30) calendar days. The decision of the Assistant City Manager shall be final.

F.    A generator granted a waiver by the City is required to reapply prior to the end of the waiver period and demonstrate continued conditions that warrant the granting of another waiver for a period of up to one year.

G.    The City Council shall adopt, by resolution, a fee to recover costs associated with processing the waiver application and an appeal fee. (Ord. 2019-15 § 6 (part), 2019)

6.06.120 Enforcement.

A.    Violations of this chapter shall be enforced in accordance with the provisions of Chapters 1.04 and 1.05.

B.    To the extent permitted by law, the Director may inspect any container, collection vehicle load, permitted processing facility and/or disposal site for collected municipal solid waste, recyclable materials, food scraps, green waste, wood waste, construction and demolition debris and other materials generated within the City of Newport Beach. (Ord. 2019-15 § 6 (part), 2019)

6.06.130 Disclaimer of Liability.

The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclable materials, food scraps, green waste, wood waste or municipal solid waste. This chapter shall not create liability on the part of the City, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling discarded materials within the City should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the City is assuming an undertaking to comply with State law and to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Ord. 2019-15 § 6 (part), 2019)