Chapter 8.28 SOLID WASTE

A. The purpose of this chapter is to regulate discarded materials handling in order to protect the public health, safety, and welfare and to meet the city’s obligations under applicable law.

B. The city recognizes the need to address the issue of plastic pollution at the source of distribution as well as the end of use to improve litter removal from parking lots and streets.

C. Pursuant to the California Constitution, the city is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of discarded materials handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether discarded materials services are to be provided by means of nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license, or permit. (Ord. 2007 § 1 (Exh. B), 2021; Ord. 1028, 2016)

8.28.020 Severability.

If any section, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The city council declares that it would have passed this chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom. (Ord. 1028, 2016)

8.28.030 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“Agreement” means a contract entered into between the city and a service provider providing for, among other things, the award of a franchise, payment of franchise fees, and procedures for the service provider’s collection, transportation, processing, and/or disposal of discarded materials and the setting of rates and charges for services.

“Applicable law” means all laws, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, approvals, or requirements of the United States, state of California, regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern the management of discarded materials, or any other materials described in this chapter.

“Bin” means a metal container with a hinged lid and wheels, less than ten cubic yards in size, for the deposit of discarded materials, designed to be collected with a front- or rear-loading collection vehicle.

“Cart” means a plastic container with a hinged lid and wheels, and a capacity of twenty, thirty-two, sixty-four, or ninety-six gallons (or similar volumes) that is serviced by an automated or semi-automated collection vehicle.

“City” means the city of Seaside, a municipal corporation, and its duly authorized representatives.

“City-authorized service provider” means a permittee or franchisee authorized by the city council which has received written approval, through an agreement or otherwise, to collect, transport, process, or dispose of discarded materials within the city.

“City manager” means the city manager for the city of Seaside or any designee of the city manager as being authorized to address specific issues covered by this chapter.

“Commercial” means of, from or pertaining to nonresidential premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property.

“Compactor” means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two to eight cubic yard bin compactors serviced by front-end loader collection vehicles and ten to fifty cubic yard drop box compactors serviced by roll-off collection vehicles.

“Construction and demolition debris” or “C&D debris” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste.

“Container” means a receptacle used to accumulate discarded materials on premises for scheduled or periodic collection. Containers may be carts, bags, bins, drop boxes, compactors, public litter containers, or other city-approved receptacles.

“Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under applicable law, or who performs (whether as applicant, contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to commercial or residential premises in Monterey County.

“Customer” means a person subscribing with a city-authorized service provider for collection services.

“Discarded materials” means any one or combination of solid waste, recyclable materials, organic materials, salvageable materials, C&D debris, and/or excluded materials discarded by a generator within the city.

“Drop box” means an open-top container with a capacity of ten to forty cubic yards that is serviced by a roll-off collection vehicle.

“Electronic waste” means any discarded electronic devices and components as well as substances involved in their manufacture or use as defined under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements, as they may be amended from time to time, of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any hazardous waste.

“Excluded waste” means hazardous waste, household hazardous waste, medical waste, universal waste, volatile, corrosive, radioactive and toxic substances or materials, waste that would, as a result of or upon 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, waste that would present a significant risk to human health or the environment, or otherwise cause a nuisance; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential discarded materials after implementation of programs for the safe collection, 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 recyclable materials or organic materials which have been properly source separated and placed by a generator for collection by a city-authorized service provider, pursuant to the city-authorized service provider’s agreement with the city.

“Food scraps” means discarded food and food-soiled materials that will decompose and/or putrefy. Food scraps is a subset of organic materials.

“Franchise” means the exclusive or nonexclusive rights granted by the city council to provide collection services to customers in the city.

“Franchise fee” means the fee paid by a franchisee to the city for the privilege to hold a franchise.

“Franchised discarded materials” means those categories of discarded materials required to be collected or otherwise handled by a franchisee, as described in and pursuant to a franchise agreement, unless exempt as described in SMC 8.28.100.

“Franchisee” means the holder of a franchise in the city.

“Generator” means any person whose act or process produces discarded materials, or whose act first causes discarded materials to become subject to regulation.

“Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

“Household hazardous waste” or “HHW” means hazardous waste generated at residential premises within the city. HHW includes: electronic waste, universal waste, paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filters, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.

“Litter” means discarded materials, debris, vehicle parts, and all other materials, things, or objects which if thrown, distributed by the elements, or deposited as hereinafter prohibited tends to create a public nuisance, blight or danger to the public health, safety and welfare.

“Medical waste” means materials which are generated or produced as a result of diagnosis, treatment, or immunization of humans or animals; the production or testing of biologicals and sharps waste; laboratory waste including human or animal specimen cultures from medical and pathology laboratories; cultures and stock of infectious agents from research and industrial laboratories; waste from the production of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research, and discarded animal vaccines; human or animal surgery specimens or tissues; waste containing materials contaminated with excretion exudates or secretions from humans that are required to be isolated by infection control staff, the attending physician, or local health officer to protect others from highly communicable diseases; biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.

“Multifamily” means any residential premises, other than a single-family premises, with five or more dwelling units used for residential purposes (regardless of whether residence therein is temporary or permanent). Multifamily is a subset of residential.

“Organic materials” means those materials approved by the city for collection in its organic materials collection program. Organic materials include yard trimmings, food scraps and BPI, ASTM or Cedar Grove certified compostable materials. No discarded material shall be considered organic materials, however, unless such material is separated from solid waste and recyclable materials.

“Person” means any individual, firm, association, organization, partnership, corporation, trust, joint venture, or public entity.

“Premises” means any land or building in the city. Premises include permanent and transient human dwellings and places of accommodation, commerce, or recreation.

“Recyclable materials” means those materials approved by the city and the franchised hauler for collection in its recyclables collection program. No discarded material shall be considered recyclable materials, however, unless such material is separated from solid waste and organic materials.

“Residential” means any property, premises or place on which is constructed one or more buildings or other structures containing one or more dwelling units. Residential includes both multifamily and single-family premises.

“Salvageable materials” means discarded materials that may be subsequently reused in their original form for the same or similar purpose.

“Single-family” means any detached or attached house or residence designed or used for occupancy by one family. Single-family may include residential units of a duplex, triplex, or four-plex residential structure. Single-family is a subset of residential.

“Solid waste” means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and regulations promulgated hereunder that this chapter requires generators within the city to set out for collection unless generators elect to self-haul materials in accordance with this chapter. Excluded from the definition of solid waste are excluded waste, C&D debris, source separated recyclable materials, and source separated organic materials. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste container.

“Universal waste” means all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and electronic waste.

“Yard trimmings” means those discarded plant or otherwise nonanimal organic waste materials that will decompose and/or putrefy. Yard trimmings is a subset of organic materials. (Ord. 2007 § 1 (Exh. B), 2021; Ord. 1028, 2016)

8.28.040 Inspection of collection premises.

The city manager or their designee may visit all premises within the city limits from time to time and examine the sanitary conditions of said premises to determine whether the premises is in compliance with the provisions of this chapter. Upon notification, all persons, including city-authorized service providers, shall comply with the provisions of this chapter. (Ord. 1028, 2016)

8.28.050 Accumulation of solid waste.

It shall be unlawful for the owner, occupant, or manager of any premises to allow the accumulation of any discarded materials in, on, or under any premises at any time which is, or may become, a menace to health, safety, general welfare, and sanitation or a fire hazard. It shall be unlawful for the owner, occupant, or manager of any premises to ever at any time suffer, permit, or allow any discarded materials of any kind to remain in, on, or under such premises for a period exceeding that allowed by applicable law. Any unauthorized accumulation of discarded materials on any property or premises is hereby declared an unlawful public nuisance, is hereby prohibited, and may be abated pursuant to the provisions of Chapter 8.30 SMC, Property Maintenance Ordinance. (Ord. 1028, 2016)

8.28.060 Improper deposit of solid waste.

A. It shall be unlawful for any person to place, deposit, keep, or bury any discarded materials on, in, or under any premises, as hereinafter provided. It shall be unlawful for any person to deposit any discarded materials in any city sewer or plumbing fixture or pipe connected thereto, except through an approved mechanical device which shreds and grinds said material. It shall be unlawful for any person to bury discarded materials.

B. It is unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped in any containers reserved for the use of any other household, business or other entity (including the general public, in the case of public litter containers), any discarded materials without express written permission from such household, business or other entity. Businesses and residents shall not rely on public litter containers for the deposit of materials generated at their household or business. (Ord. 1028, 2016)

8.28.070 Responsible collection of litter on street, sidewalk, alley, or public place.

It shall be unlawful for any person to throw, place, scatter, or deposit, or cause to be thrown, placed, scattered, or deposited, upon any street, sidewalk, alley, public right-of-way or public place in the city, any litter, except that a property owner, occupant, tenant, customer, or their employee may place properly containerized or packaged materials at the curbside, parkway, or alley on regularly scheduled days provided by the city-authorized service provider for removal of the same. Any litter or other discarded materials located in the public right-of-way immediately adjacent to a premises shall be deemed to have originated from that premises unless the owner thereof can prove, to the reasonable satisfaction of the city, that such materials did not originate from their property. Litter or debris in parking lots or in the front of businesses (including sidewalk and curb or gutter) shall be the responsibility of the property/business owner to collect and properly dispose of at the end of each business day, at minimum. If a parking lot is shared by multiple businesses or residents, it is the responsibility of the property owner to collect litter or to assign responsibility to the leaseholder(s). Any litter or other discarded materials containing names, addresses, or other identifying information shall be deemed to have originated with the person or location identified therein. (Ord. 2007 § 1 (Exh. B), 2021; Ord. 1028, 2016)

8.28.080 Burning of solid waste.

It shall be unlawful for any person to burn any discarded materials, or any other material described in this chapter, in or on any commercial or residential premises, fire place or pit, street, alley, park, or public place within the city limits. (Ord. 1028, 2016)

8.28.090 Scavenging.

It shall be unlawful for persons other than the appropriate city-authorized service provider to collect discarded materials placed for collection in containers labeled for use in connection with waste management program(s) sponsored by the city or a city-authorized service provider. (Ord. 1028, 2016)

8.28.100 Universal service requirements.

A. Mandatory Subscription. No person shall reside, inhabit or lease to any other person residential property, and no person shall operate any business or lease to any other person commercial property within the city, at any time during which franchised discarded materials collection service is not being provided to the premises by a city-authorized service provider, unless exempt as provided herein. No real estate broker, service or salesperson shall arrange for such rentals without assuring that the agreement includes requirements that such services exist. The legal owner of property and the occupant of such property shall each be separately responsible for ensuring compliance with this provision.

B. Exception for Self-Haulers.

1. Residents or property owners may opt to haul their own discarded materials with the express written permission from the city manager. Such permission shall be conditioned on the city receiving satisfactory documentation of the proper management of discarded materials from that premises.

2. Residents or property owners who opt to haul their own discarded materials must comply with applicable law, including requirements for recycling and separation of recyclable and/or organic materials, where applicable.

3. Residents or property owners who opt to haul their own discarded materials must do so at intervals determined satisfactory by the city manager in the written exemption approval.

4. Residents or property owners who opt to haul their own discarded materials who fail to abide by the above guidelines may have their written exemption approval revoked at the discretion of the deputy city manager – administrative services.

5. An administrative fee for exemption pursuant to this section may be collected annually to offset the cost of administration of the exemption in the amount specified in the application for exemption.

C. Temporary Exemption for Nonoccupancy.

1. Upon request to the city-authorized service provider, service may be placed on hold for any property currently unoccupied due to vacation or other circumstance for a period of up to thirty days; provided, that in any three-hundred-and-sixty-five-day period, service for any property shall not be placed on hold for combined periods in excess of sixty total days. Any hold period longer than thirty days must be approved by the deputy city manager – administrative services. Should the customer place any container for collection during the period of the requested vacation hold, without previously notifying the city-authorized service provider of an early end to the service suspension, the customer shall be responsible for all charges associated with service as though service had never been suspended. Service holds as described herein may be subject to administrative charges as approved by the city.

2. Upon presentation of evidence that any property is undeveloped or unoccupied, the deputy city manager – administrative services may issue a temporary exemption for as long as the qualifying circumstances exist, but not to exceed one year, unless another application for exemption is made and approved.

3. An administrative fee for exemption pursuant to this section may be collected to offset the cost of administration of the exemption in the amount specified in the application for exemption.

4. Decisions of the deputy city manager – administrative services are subject to appeal per SMC 8.28.240. (Ord. 1028, 2016)

8.28.110 Mandatory organic waste disposal reduction.

A. Purpose and Findings. The city of Seaside finds and declares:

1. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

2. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the state of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the city to implement a mandatory commercial recycling program.

3. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires the city to implement a recycling program to divert organic waste from businesses subject to the law, and requires the city to implement a mandatory commercial organics recycling program.

4. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities, including the city, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

5. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires the city to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This section will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed of, be recovered for human consumption.

6. Requirements in this section are consistent with other adopted goals and policies of the city.

B. Title. This section shall be entitled “Mandatory organic disposal waste reduction.”

C. Definitions.

“Alternative daily cover (ADC)” has the same meaning as in 27 CCR Section 20690.

“Alternative intermediate cover (AIC)” has the same meaning as in 27 CCR Section 20700.

“Bulky item” means discarded appliances (including refrigerators), furniture, tires, carpets, mattresses, yard trimmings and/or wood waste, and similar large items which can be handled by two people, weigh no more than two hundred pounds, and require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky items must be generated by the customer and at the service address wherein the bulky items are collected. Bulky items do not include abandoned automobiles, large auto parts, trees, construction and demolition debris, or items herein defined as excluded waste.

“California Code of Regulations” or “CCR” means the state of California Code of Regulations. CCR references in this section are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

“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&D” means construction and demolition debris.

“City” means the city of Seaside, a municipal corporation acting through its city council, and all the territory lying within the municipal boundaries of the city.

“City enforcement official” means the city manager, chief operating officer, executive director, or other executive in charge or their authorized person(s) who is/are partially or wholly responsible for enforcing this section.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or industrial facility.

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this subsection C or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

“Community composting” 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).

“Compliance review” means a review of records by a city to determine compliance with this section.

“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this section, 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.

“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).

“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).

“Designated waste” means nonhazardous waste which may pose special disposal problems because of its potential to contaminate the environment, and which may be disposed of only in Class II disposal sites or Class III disposal sites pursuant to a variance issued by the California Department of Health Services. Designated waste consists of those substances classified as designated waste by the state, in 23 CCR Section 2522, as may be amended from time to time.

“Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this section 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.

“Discarded materials” means recyclable materials, organic materials, and solid waste placed by a generator in a collection container and/or at a location for the purposes of collection, excluding excluded waste.

“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this section or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this section or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

“Enforcement action” means an action of the city to address noncompliance with this section including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

“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/county/district 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 section, 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 city’s/county’s/district’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 city/county/district, 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, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.

“Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

“Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24).

“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

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

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

A food recovery organization is not a commercial edible food generator for the purposes of this section and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this section.

“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this section and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

“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.

“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, or as otherwise defined in 14 CCR Section 18982(a)(27).

“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 milk cartons.

“Food waste” means food scraps, food-soiled paper, and compostable plastics.

“Food waste self-hauler” means a self-hauler who generates and hauls, utilizing their own employees and equipment, an average of one cubic yard or more per week, or six thousand five hundred pounds or more per quarter of their own food waste to a location or facility that is not owned and operated by that self-hauler. Food waste self-haulers are a subset of self-haulers.

“Generator” means a person or entity that is responsible for the initial creation of one or more types of discarded materials.

“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, or as otherwise defined in 14 CCR Section 18982(a)(30).

“Hauler route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

“Hazardous substance” means any of the following:

1. Any substances defined, regulated or listed (directly or by reference) as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic waste,” “pollutant,” or “toxic substances,” or similarly identified as hazardous to human health or the environment, in or pursuant to:

a. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C. Section 9601 et seq. (CERCLA);

b. The Hazardous Materials Transportation Act, 49 U.S.C. Section 1802 et seq.;

c. The Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.;

d. The Clean Water Act, 33 U.S.C. Section 1251 et seq.;

e. California Health and Safety Code Sections 25115 through 25117, 25249.8, 25281, and 25316;

f. The Clean Air Act, 42 U.S.C. Section 7901 et seq.; and

g. California Water Code Section 13050;

2. Any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and

3. Any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyls (PCBs), petroleum, natural gas, and synthetic fuel products, and byproducts.

“Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

“Infectious waste” means (1) equipment, instruments, utensils and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies; (2) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; and/or (3) surgical operating room pathologic specimens, including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas and emergency rooms, as defined in 14 CCR Section 17225.36.

“Inspection” means a site visit where a city/county/district reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste or edible food handling to determine if the entity is complying with requirements set forth in this section, or as otherwise defined in 14 CCR Section 18982(a)(35).

“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) shall apply to this section.

“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).

“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.

“MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

“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. Federal facilities, including military installations, located within the boundaries of the city, including U.S. Army Presidio of Monterey and Bureau of Land Management.

2. Facilities operated by the state park system located within the boundaries of the city, including Seaside State Beach.

3. Public universities located within the boundaries of the city, including California State University Monterey Bay.

“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.

“Organic materials” means yard trimmings, food scraps, and food-soiled papers that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing.

“Organic materials container” shall be used for the purpose of storage and collection of source separated organic materials.

“Organic waste” means solid wastes containing material originating 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).

“Owner” means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the county assessor.

“Paper products” includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

“Premises” means and includes any land, building and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel, which are owned by the same person shall be considered as one premises.

“Printing and writing papers” includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

“Prohibited container contaminants” means the following: (1) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city’s/county’s/district’s recyclable materials container; (2) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city’s/county’s/district’s organic materials container; (3) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city’s organic materials container and/or recyclable materials container; and (4) excluded waste placed in any container.

“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).

“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).

“Recyclable materials” means discarded materials set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of recycling. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and solid waste. Recyclable materials shall include, but not be limited to, newspaper (including inserts, coupons, and store advertisements), mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, colored paper legal pad backings, shoe boxes, cereal, and other similar food boxes), chipboard, corrugated cardboard, glass containers of any color (including brown, clear, and green glass bottles and jars), aluminum (including beverage containers and small pieces of scrap metal), steel, tin, or bimetal cans, rigid plastics with a neck, and those materials added by the service provider from time to time.

“Recyclable materials container” shall be used for the purpose of storage and collection of source separated recyclable materials.

“Regional agency” means regional agency as defined in Public Resources Code Section 40181.

“Regional or county agency enforcement official” means a regional or county agency enforcement official, designated by the city with responsibility for enforcing the section in conjunction or consultation with city enforcement official.

“Remote monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

“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).

“Residential” shall mean of, from, or pertaining to a single-family premises or multifamily premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

“Responsible party” means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, “responsible party” shall mean the owner of a single-family premises, multifamily premises, or commercial premises.

“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).

“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).

“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.

“SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this section, 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.

“Self-haul” means to act as a self-hauler.

“Self-hauler” means a person who hauls solid waste, organic waste or recyclable material they have generated to another person. Self-hauler also includes a landscaper or a person who back-hauls waste. “Back-haul” means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator’s or responsible party’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

“Single-family” means of, from, or pertaining to any residential premises with fewer than five units.

“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 semisolid 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 shall 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 shall be regulated pursuant to Division 30 of the State Public Resources Code.

4. Recyclable materials, organic waste, and construction and demolition debris when such materials are source separated.

“Solid waste container” shall be used for the purpose of storage and collection of solid waste.

“Source separated” or “source-separated (materials)” means materials, including commingled recyclable materials and organic 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 of 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.S(b)(4). For the purposes of this section, source separated shall include separation of materials by the generator, responsible party, or responsible party’s employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.

“Source separated organic materials” means organic materials that are source separated and placed in an organic materials container.

“Source separated recyclable materials” means recyclable materials that are source separated and placed in a recyclable materials container.

“State” means the state of California.

“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 groceries, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

“Tier one commercial edible food generator” 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) shall apply to this section.

“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) shall apply to this section.

“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).

“Yard waste” or “yard trimmings” means types of organic waste resulting from normal yard and landscaping installation, maintenance, or removal.

D. Requirements for Single-Family Premises.

1. Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in subsection J of this section:

a. Shall subscribe to and pay for city’s three-container collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services as described in subsection (D)(1)(b) of this section. City/county/district shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The responsible parties for single-family premises shall adjust their service level for their collection services as requested by the city. The city’s organic waste collection services for all organic waste generated are as described below in subsection (D)(1)(b) of this section. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste.

b. Participate in the city’s three-container collection service(s) in the manner described below.

i. Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

ii. Not place and/or direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

2. Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

E. Requirements for Multifamily Residential Dwellings.

1. Responsible parties of multi-family premises shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this section and for employees, contractors, and tenants subject to exceptions for multifamily premises in low-population areas specified in subsection (E)(3) of this section.

2. Except for responsible parties of multi-family premises that meet the self-hauler requirements in subsection J of this section and responsible parties of multifamily premises in low-population areas that meet requirements in subsection (E)(3) of this section, responsible parties of multifamily premises shall:

a. Subscribe to and pay for city’s three-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the multifamily premises as further described in this subsection E. City/county/district shall have the right to review the number and size of the multifamily premises’ collection 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. The responsible party of a multifamily premises shall adjust their service level for their collection services as requested by the city/county/district or its designee.

b. Participate in the city’s three-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

ii. Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

c. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s/county’s/district’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the multifamily premises’ approach to complying with self-hauler requirements in subsection J of this section.

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

e. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from solid waste (when applicable) and the location of containers and the rules governing their use at each property.

f. Provide or arrange access for city/county/district or its designee to their properties during all inspections conducted in accordance with this section to confirm compliance with the requirements of this section.

3. Responsible parties of multifamily premises in low-population areas shall comply with the following requirements.

F. Requirements for Commercial Businesses.

1. Responsible parties of commercial businesses shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this section and for employees, contractors, tenants, and customers subject to exceptions for commercial premises in low-population areas specified in subsection (F)(3) of this section.

2. Except responsible parties of commercial businesses that meet the self-hauler requirements in subsection J of this section and responsible parties of commercial premises in low-population areas that meet requirements in subsection (F)(3) of this section, responsible parties of commercial premises shall:

a. Subscribe to and pay for city’s three-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the commercial premises as further described below in this subsection F. City/county/district shall have the right to review the number and size of a commercial premises’ 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. The responsible party of the commercial business shall adjust their service level for their collection services as requested by the city/county/district or its designee.

b. Participate in the city’s three-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

c. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsection (F)(2)(d) of this section) for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial premises’ approach to complying with self-hauler requirements in subsection J of this section.

d. Provide containers for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial business shall have either:

i. A body and lid that conforms with the container colors provided through the collection service provided by 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. The responsible party of the 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.

ii. 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. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city’s recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business’s responsible party to support its compliance with self-hauler requirements in subsection J of this section.

f. Periodically inspect recyclable materials containers, organic materials containers, and solid waste 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).

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

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

i. Provide or arrange access for the city or its designee to their properties during all inspections conducted in accordance with this section to confirm compliance with the requirements of this section.

3. If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in subsection J of this section.

4. Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

5. Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to subsection H of this section.

G. Reserved.

H. Requirements for Commercial Edible Food Generators.

1. Tier one commercial edible food generators must comply with the requirements of this subsection commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

2. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this subsection, commencing January 1, 2024.

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

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

b. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (1) the collection of edible food for food recovery; or (2) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

d. Allow the city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

e. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(1) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

(2) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

(3) A record of the following information for each of those food recovery services or food recovery organizations:

i. The name, address and contact information of the food recovery service or food recovery organization.

ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

4. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state 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).

I. Requirements for Haulers and Facility Operators.

1. Requirements for Haulers.

a. Exclusive franchise hauler, nonexclusive franchised haulers, or permitted haulers providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall 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:

i. Through written notice to the city annually on or before February 1st, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated green container organic waste.

ii. Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

iii. 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 construction and demolition (C&D) in a manner that complies with 14 CCR Section 18989.1.

b. Exclusive franchise hauler, nonexclusive franchised haulers, or permitted haulers authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.

2. Requirements for Facility Operators and Community Composting Operations.

a. 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 shall, 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 shall respond within sixty days.

b. Community composting operators, upon city request, shall 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 shall respond within sixty days.

J. Self-Hauler Requirements. Self-haulers shall source separate all recyclable materials and organic waste (materials that 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 shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

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

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

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

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

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

3. A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsection (J)(2) of this section.

K. Compliance with CALGreen Recycling Requirements.

1. Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this subsection and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended. If the requirements of CALGreen are more stringent than the requirements of this subsection, the CALGreen requirements shall apply.

2. For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city’s permit approval, comply with the following:

a. Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three collection program offered by the city/county, or comply with provision of adequate space for recycling for multifamily premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

b. New commercial or multifamily construction or additions resulting in more than thirty percent of the floor area shall provide readily accessible areas identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

c. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with city’s municipal code, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

L. Model Water Efficient Landscaping Ordinance Requirements.

1. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B), (a)(3)(C), (a)(3)(D), and (a)(3)(G) of the MWELO, including sections related to use of compost and mulch as delineated in this subsection L.

2. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this section. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

3. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (L)(1) of this section shall:

a. Comply with Sections 492.6(a)(3)(B), (a)(3)(C), (a)(3)(D), and (a)(3)(G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

i. For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

ii. For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch.

Designated insect habitat must be included in the landscape design plan as such.

iii. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local sections.

b. The MWELO compliance items listed in this subsection are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (L)(1) of this section shall consult the full MWELO for all requirements.

4. If, after the adoption of this section, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (a)(3)(C), (a)(3)(D), and (a)(3)(G) of the MWELO September 15, 2015, requirements in a manner that requires city/county to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this subsection, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

M. Inspections and Investigations by the City.

1. City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This subsection does not allow the city to enter the interior of a private residential property for inspection.

2. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (a) access to an entity’s premises; (b) installation and operation of remote monitoring equipment; or (c) access to records for any inspection or investigation is a violation of this section and may result in penalties described.

3. Any records obtained by the city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

4. City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this section, subject to applicable laws.

5. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.

N. Enforcement.

1. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this section are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines in Chapter 2.56 SMC are hereby incorporated in their entirety, as modified from time to time, and shall 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.

2. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

3. Responsible Entity for Enforcement. Enforcement pursuant to this chapter may be undertaken by the city enforcement official, which may be the city manager or their designated entity, legal counsel, or combination thereof.

4. Process for Enforcement.

a. City enforcement officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Subsection M of this section establishes the city’s right to conduct inspections and investigations.

b. The city may issue an official notification to notify regulated entities of its obligations under this chapter.

c. With the exception of violations of generator contamination of container contents, the city shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.

d. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 2.56 SMC, Administrative Citations.

Notices shall 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.

5. Penalty Amounts for Types of Violations. The penalty levels shall be as set forth in SMC 2.56.040, subject to any minimum or maximum penalty amounts imposed by the SB 1383 regulations.

6. Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

a. The nature, circumstances, and severity of the violation(s).

b. The violator’s ability to pay.

c. The willfulness of the violator’s misconduct.

d. Whether the violator took measures to avoid or mitigate violations of this chapter.

e. Evidence of any economic benefit resulting from the violation(s).

f. The deterrent effect of the penalty on the violator.

g. Whether the violation(s) were due to conditions outside the control of the violator.

7. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with SMC 2.56.010 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

a. Acts of God, such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

b. Delays in obtaining discretionary permits or other government agency approvals; or

c. 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.

8. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Chapter 1.10 SMC.

9. Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, the city 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 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 shall 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.

10. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this subsection N, as needed. (Ord. 2011B §§ 1 – 14, 2021)

8.28.120 Construction and demolition debris requirements.

Contractors (as defined in SMC 8.28.030), and all holders of franchise(s), permit(s), and/or license(s) for C&D debris collection service and the operation of other related programs within the city shall at all times comply with the following:

A. Applicable law as it may be amended from time to time, including without limitation all laws related to management of C&D debris, preparation of C&D debris management plans and reports, and diversion of C&D debris from disposal; and

B. All written and published city policies and/or administrative guidelines regarding the collection, tracking, and/or reporting of C&D debris. (Ord. 1028, 2016)

8.28.130 Collection – Franchise.

A. The city may grant an exclusive or nonexclusive franchise agreement for franchised discarded materials collection service and the operation of other programs required by applicable law within all or any portion of the city.

B. A person may not be permitted to be the franchisee for a period exceeding twenty years without the award of a subsequent franchise agreement being the subject of a request for proposals process to ensure that the best overall value is provided to the city, its residents and businesses. The request for proposals process may consider numerous factors affecting the value of services including, but not necessarily limited to: the experience and/or reputation of the provider, the quality or level of service provided, the recycling services offered, and the cost of the service. There is no obligation placed on the city to select the lowest priced provider of services identified through such process if such provider does not represent the best overall value.

C. The city may regulate, by ordinance or resolution and through the franchise agreement, all aspects of the service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing such services.

D. Low Income Senior Rates.

1. The city, through an agreement(s) with a franchisee(s), shall provide a discount for low-income senior citizen customers. Such discount shall be available for any customer aged sixty-five years or above; provided, that such customer demonstrates that they receive assistance under third party utility discount programs such as PG&E’s California Alternate Rates for Energy (“CARE”) ratepayer assistance program. The amount of the discount, along with the application requirements, shall be documented and published by city and franchisee(s) through the franchise agreement or other written policy.

2. Customers receiving discounted rates prior to July 1, 2015, shall be eligible to continue receiving discounted rates; provided, that the qualifying conditions for such rates continue to exist, to the reasonable satisfaction of city. City may require periodic verification that customers receiving such discount continue to inhabit the premises. The amount of the discount, along with the application and qualification requirements, shall be documented and published by city and franchisee(s) through the franchise agreement or other written policy.

E. When a franchise agreement for the collection of discarded materials is in effect, no person, other than employees of the franchisee, may collect, haul or transport discarded materials within the district, including drop boxes, except as set forth in the franchise agreement and self-haulers pursuant to SMC 8.28.100(B).

F. Any grantee of a franchise agreement shall pay to the city a franchise fee, the amount of which shall be set forth in the franchise agreement and approved by the city council. The city council shall have the right to adjust the amount or calculation of the franchise fee from time to time at any point during the term of the franchise agreement, subject to the procedures for adjustment described in the franchise agreement.

G. No person other than the franchisee or other city-authorized service provider, or an agent or employee thereof acting within the scope of their employment, shall tamper or meddle with, or remove items from, a container or receptacle placed by a generator for collection by the city or that city-authorized service provider.

H. It shall be unlawful for any person to solicit, accept, engage or otherwise utilize discarded materials handling service for paid consideration by a person not authorized to provide such service.

I. No person other than the franchisee or other city-authorized service provider shall offer to handle discarded materials or handle discarded materials on behalf of another in exchange for compensation in any form or amount. (Ord. 1028, 2016)

8.28.140 Collection – Other authorized collectors.

A. The city may grant exclusive or nonexclusive franchise(s), permit(s), and/or license(s) for recyclable materials collection service and the operation of other programs required by applicable law within all or any portion of the city. The terms of such permits or licenses shall be determined by the city. No person other than such city-authorized service providers shall offer to handle recyclable materials or handle recyclable materials on behalf of another in exchange for compensation in any form or amount. Holders of such franchise(s), permit(s), and/or license(s) shall at all times comply with applicable law, as it may be amended from time to time.

B. The city may grant exclusive or nonexclusive franchise(s), permit(s), and/or license(s) for C&D debris collection service and the operation of other programs required by applicable law within all or any portion of the city. The terms of such permits or licenses shall be determined by the city. No person other than such city-authorized service providers shall offer to handle C&D debris or handle C&D debris on behalf of another in exchange for compensation in any form or amount.

C. The city may grant exclusive or nonexclusive franchise(s), permit(s), and/or license(s) for home or site clean-out collection service and the operation of other programs required by applicable law within all or any portion of the city. The terms of such permits or licenses shall be determined by the city. No person other than such city-authorized service providers shall offer to handle discarded materials resulting from clean-out collection services or handle discarded materials resulting from clean-out collection services on behalf of another in exchange for compensation in any form or amount. Holders of such franchise(s), permit(s), and/or license(s) shall at all times comply with applicable law, as it may be amended from time to time.

D. It shall be unlawful for persons, contractors, landscapers or drop box haulers not in possession of a franchise(s), permit(s), and/or license(s) for discarded materials collection granted by the city to remove discarded materials from premises within city unless such discarded materials are generated as incidental to other services performed by such contractor, landscaper or other person (not including agents or subcontractors to the person providing such service). (Ord. 1028, 2016)

8.28.150 Collection – Discarded materials ownership.

A. Upon placement of discarded materials in a designated collection container, such discarded materials shall become the property of the city or the city-authorized service provider engaged to collect such material, as determined by the city-authorized service provider agreement.

B. It is unlawful for any person, except for the city or a city-authorized service provider, engaged to provide such service, to collect discarded materials from designated collection containers.

C. Nothing in this chapter limits the right of any person to sell, donate, or otherwise divert their own discarded materials from landfilling, except that recyclable materials, organic materials, C&D debris, and salvageable materials deposited into containers provided by city or a city-authorized service provider and placed for collection shall become the property of the city or city-authorized service provider as provided for in subsection A of this section. (Ord. 1028, 2016)

8.28.160 Collection – Interference with collection.

It shall be unlawful for any person in any manner to interfere with the collection, removal, or disposal of discarded materials by city or a city-authorized service provider. (Ord. 1028, 2016)

8.28.170 Collection – Vehicles.

A. It shall be unlawful for any person to collect, transport, or carry discarded materials in any vehicle which does not comply with all applicable laws.

B. It shall be unlawful for any individual to discard any object directly into any vehicle owned or operated by the city or a city-authorized service provider except for any city or city-authorized service provider personnel, duly authorized agents, or volunteers. (Ord. 1028, 2016)

8.28.180 Containers – Placement of discards.

The person in charge of any premises in the city may gather the discarded materials together and put such materials into a container approved by the city for that premises which can be conveniently handled by the city or a city-authorized service provider. Carts, bins, drop boxes, and compactors shall be deemed acceptable for use by customers to store franchised discarded materials where approved by the city. City may approve additional or alternative containers or discarded materials bundling formats from time to time. (Ord. 1028, 2016)

8.28.190 Containers – Residential premises.

Residential containers shall be placed as follows:

A. Carts shall be screened from view, except when placed for collection. Each cart shall be placed for collection by five a.m. of collection day and no earlier than the preceding evening, and shall be removed by ten p.m. of collection day.

B. For purposes of this section, “screened” means blocked from public view from the street or public right-of-way with a permanent fence, enclosure, landscaping, or other comparable facility as approved by the city manager.

C. All containers shall be placed and maintained in a location readily accessible to the city and not constituting either a fire hazard or a public nuisance.

D. Upon written notification from the city that containers are being maintained in a hazardous or offensive condition, they shall be relocated immediately by the customer.

E. Failure to relocate the containers following notice shall be unlawful. (Ord. 1028, 2016)

8.28.200 Containers – Commercial premises.

All commercial customers shall comply with the following requirements regarding containers and their placement:

A. All containers shall be placed and maintained in a location readily accessible to the city and not constituting either a fire hazard or a public nuisance.

B. Upon written notification from the city that containers are being maintained in a hazardous or offensive condition, they shall be relocated immediately by the customer.

C. Failure to relocate the containers following notice shall be unlawful. (Ord. 1028, 2016)

8.28.210 Containers – Commercial enclosures.

All commercial customers shall comply with the following requirements regarding container enclosures:

A. All commercial container enclosures shall have adequate space accommodations for solid waste, recyclable materials and organic materials containers, in accordance with applicable law, and the city’s standard plans and specifications.

B. All new commercial developments must include adequate space accommodations for enclosures in accordance with applicable law, and are subject to a plan check process including review, at a minimum, by the city manager.

C. Enclosures must be located in places convenient for the removal of discarded materials and must be approved by the city manager. Enclosures, including gates and gate hardware, must be maintained in good working condition, and readily accessible by the city or city-authorized service provider. If an enclosure is not adequately maintained, service may be withheld until the condition is remedied to the satisfaction of the city manager. (Ord. 1028, 2016)

8.28.220 Containers – Exclusive use.

A. It is unlawful for any person to dump or place any material into, or to utilize, any container without consent of the owner or person to whom the container has been provided by city-authorized service provider.

B. It is unlawful for any person, without the consent of the owner or person to whom the container has been provided by city-authorized service provider, to enter into a container for the purpose of salvaging or recovering any item therein or for the purpose of utilizing the container to rest or sleep therein. (Ord. 1028, 2016)

8.28.230 Prohibited materials.

Materials not permitted to be placed in containers for collection by the city or city-authorized service provider include excluded waste, hot ashes, sharps, flammables, live ammunition, explosive substances, poison, hazardous chemicals, offal, animals, and similar materials. Disposal of excluded waste shall be performed through a licensed collection and disposal company which complies with all applicable laws and regulations. No person shall place in containers any wearing apparel, bedding, or other material from homes or other places where highly infectious or contagious diseases have prevailed. City and city-authorized service providers shall maintain a current list of prohibited materials, and shall make such list available to generators. Generators are responsible for obtaining and reviewing such list of prohibited materials, and acting in accordance with applicable law. (Ord. 1028, 2016)

8.28.240 Appeals to city manager.

A customer may appeal a decision of the deputy city manager – administrative services to the city manager in writing to the city manager within five days of receipt of the deputy city manager’s ruling. The written appeal must state the reason for the appeal and specify any facts or evidence in support of the request. The city manager or designee, who may be a city hearing officer, will promptly consider the appeal and provide a written decision within ten days of the filing of an appeal. The city manager’s determination will be final. (Ord. 1028, 2016)