Chapter 14.06 ORGANIC WASTE REDUCTIONS

A. The purpose of the ordinance codified in this chapter is to comply—and to cause waste generators, waste haulers, solid waste facilities, and other entities to comply—with the organic waste reduction regulations adopted by the California Department of Resources Recycling and Recovery (otherwise known as CalRecycle) pursuant to Senate Bill 1383 (September 19, 2016), which regulations become effective January 1, 2022.

B. The city may designate a public or private entity to fulfill the city’s responsibilities under this chapter. That designation may be made through any one or more of the following: (1) contracts with haulers or other private entities; or (2) agreements (such as memoranda of understanding, or MOUs) with other jurisdictions, entities, regional agencies (as defined in Public Resources Code Section 40181.1) or other government entities, including environmental health departments.

C. Notwithstanding subsection B of this section, the city shall remain ultimately responsible for compliance with the requirements of this chapter.

D. Nothing in this chapter authorizes the city to delegate its authority to impose civil penalties, or to maintain an action to impose civil penalties, to a private entity.

E. If the city designates another entity as authorized by subsection B of this section, the city shall include copies of all agreements and contracts in the implementation record required by Section 14.06.17.020.

F. Subsection B of this section sets forth the exclusive methods by which the city may designate a public or private entity to fulfill the city’s responsibilities under this chapter. Nothing in this section authorizes the city to require a public or private entity to fulfill the city’s obligations under this chapter without designating the entity through a mechanism authorized in subsection B of this section.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR §§ 18981.1 and 18981.2.

14.06.01.020 Definitions.

For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

A. “Biosolids” means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids include, but are not limited to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids include the residue solids resulting from the co-digestion of anaerobically digestible material with sewage sludge. Biosolids do not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works.

B. “Blue container” means a container where either (1) the lid of the container is blue in color, or (2) the body of the container is blue in color and the lid is either blue, gray, or black in color. Hardware such as hinges and wheels on a blue container may be any color.

C. “CalRecycle” means the California Department of Resources Recycling and Recovery.

D. “CCR” means the California Code of Regulations.

E. “City” means the city of South Gate.

F. “Commercial edible food generator” means a tier one or tier two commercial edible food generator. For purposes of this chapter, food recovery organizations and food recovery services are not commercial edible food generators.

G. “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).

H. “Consolidation site” means facilities or operations that receive solid waste for the purpose of storing the waste prior to transfer directly from one container to another or from one vehicle to another for transportation and which do not conduct processing activities. Consolidation activities include, but are not limited to, limited volume transfer operations, sealed container transfer operations, and direct transfer facilities.

I. “Designated source separated organic waste facility” means a solid waste facility that accepts a source separated organic waste collection stream and is either (a) a transfer/processor as defined in and meeting the requirements of 14 CCR Section 18982(14.5)(A), or (b) a composting operation or composting facility as defined in and meeting the requirements of 14 CCR Section 18982(14.5)(B).

J. “Designee” means an entity that the city contracts with or otherwise arranges to carry out any responsibilities of this chapter, as authorized in Section 14.06.01.010(B). A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

K. “Digestate” means the solid and/or liquid material remaining after organic material has been processed in an in-vessel digester.

L. “Disaster” means a natural catastrophe such as an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood.

M. “Disaster debris” means nonhazardous solid waste caused by or directly related to a disaster.

N. “Food recovery” means actions to collect and distribute for human consumption food which otherwise would be disposed.

O. “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, including, but not limited to, (a) a food bank as defined in Section 113783 of the Health and Safety Code, (b) a nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code, and (c) a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

P. “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.

Q. “Generator” means a person or entity who creates waste or disposes of waste, whether such disposal occurs in a collection container provided by the city, by a hauler franchised by the city, or in any other manner or location within the city. Any person residing in the city, and any business operating in the city, is deemed to be a generator unless that person or business can prove that he, she or it does not create or dispose of any waste in the city.

R. “Green container” means a container where either (1) the lid of the container is green in color, or (2) the body of the container is green in color and the lid is either green, gray, or black in color. Hardware such as hinges and wheels on a green container may be any color.

S. “Gray container” means a container where either (1) the lid of the container is gray or black in color, or (2) the body of the container is entirely gray or black in color and the lid is either gray or black in color. Hardware such as hinges and wheels on a gray container may be any color.

T. “Hauler” means a person who collects material from a generator and delivers it to a reporting entity, end user, or destination outside of the state of California. “Hauler” includes public contract haulers, private contract haulers, food waste self-haulers, and self-haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler.

U. “High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 188154.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022, and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5).

V. “Implementation record” means the collection of records demonstrating the city’s compliance with this chapter which is required to be maintained pursuant to Section 14.06.14.020.

W. “Landfill disposal” means dispositions of organic waste in any location or by any method specified in Section 14.06.02.010(A).

X. “Large event” means an event (including without limitation 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.

Y. “Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter, a venue includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For the purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue.

Z. “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.

AA. “Organic waste generator” means any generator who creates or disposes of organic waste.

BB “Performance-based source separated collection service” means a solid waste collection service that meets the requirements of Section 14.06.17.010(A).

CC. “POTW” means publicly owned treatment works as defined by Section 403(q) of Title 40 of the Code of Federal Regulations.

DD. “Prohibited container contaminants” means any of the following (but does not include organic waste specifically allowed for collection in a container that is required to be transported to a high diversion organic waste processing facility or the waste is specifically identified as acceptable for collection in that container in a manner that complies with the requirements of Section 14.06.03.020, 14.06.03.030 or 14.06.03.040): (1) nonorganic waste placed in a green container that is part of an organic waste collection service provided pursuant to Section 14.06.03.020 or 14.06.03.030; (2) organic wastes that are carpet, hazardous wood waste, or noncompostable paper placed in the green container that is part of an organic waste collection service provided pursuant to Section 14.06.03.020 or 14.06.03.030; (3) organic wastes, placed in a gray container, that pursuant to Section 14.06.03.020 or 14.06.03.030 were intended to be collected separately in the green container or blue container; and (4) organic wastes placed in the blue container when those wastes were specifically identified in this chapter for collection in the green container for recovery; provided, however, that paper products, printing and writing paper, wood, and dry lumber may be considered acceptable and not considered container contaminants if they are placed in the blue container.

EE. “Reporting entity” means a person who is required to register and report to CalRecycle, pursuant to 14 CCR Section 18815.3, regarding material handling activities pursuant to 14 CCR Sections 18815.4 through 18815.8, within the following reporting entity categories: (1) haulers; (2) transfer/processors; (3) recycling and composting facilities and operations; (4) disposal facilities; and (5) brokers and transporters.

FF. “Source separated organic waste” means organic waste that is placed in a container that is specifically intended for the separate collection of organic waste by the generator.

GG “Three-container” means collection services provided pursuant to Section 14.06.03.020.

HH. “Tier one commercial edible food generators” means a commercial edible food generator that is one of the following: (1) a supermarket; (2) a grocery store with a total facility size equal to or greater than ten thousand square feet; (3) a food service provider; (4) a food distributor; or (5) a wholesale food vendor.

II. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following: (1) a restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet; (2) a hotel with an on-site food facility and two hundred or more rooms; (3) a health facility with an on-site food facility and one hundred or more beds; (4) a large venue; or (5) a large event.

JJ. “Two-container” means collection services provided pursuant to Section 14.06.03.030.

KK. “Uncontainerized green waste and yard waste collection service” and “uncontainerized service” each means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers source separated organic waste.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18982.

Part 2. Landfill Disposal

14.06.02.010 Landfill disposal and recovery.

A. The following dispositions of organic waste shall be deemed to constitute landfill disposal:

1. Final disposition at a landfill.

2. Use at a landfill as alternative daily cover (as identified in 27 CCR Section 20690) or alternative intermediate cover (as identified in 27 CCR Section 20700).

3. Any other disposition not listed in subsection B of this section.

B. Organic waste sent to one of the following facilities or operations, or used for one of the following activities, and not subsequently sent for landfill disposal, shall be deemed to constitute a reduction of landfill disposal:

1. An operation that qualifies as a “recycling center” as set forth in 14 CCR Section 17402.5(d) or is listed in 14 CCR Section 17402.5(c).

2. A “compostable material handling operation or facility,” as defined in 14 CCR Section 17852(a)(12), or small composting activities that would otherwise be excluded from that definition pursuant to 14 CCR Section 17855(a)(4), or community composting.

3. An “in-vessel digestion operation or facility” as listed in 14 CCR Section 17896.5, or activities that would otherwise not be subject to the in-vessel digestion requirements pursuant to 14 CCR Section 17896.6.

4. A biomass conversion operation or facility as defined in Public Resources Code Section 40106.

5. Used as a soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill, when the material is used in a manner that complies with the following criteria:

(a) The material has been processed at a solid waste facility, as defined in Public Resources Code Section 40194; and

(b) The use shall be:

(i) Restricted to those organic wastes appropriate for the specific use and in accordance with engineering, industry guidelines or other standard practices specified in the report of disposal site information, as required by 27 CCR Section 21600(b)(6).

(ii) Restricted to quantities of solid wastes no more than necessary to meet the minimum requirements of subsection (B)(5)(b)(i) of this section.

(iii) Stored and handled in a manner to protect public health and safety and the environment, and control vectors, fires, odors, and nuisances;

6. Land application of compostable material consistent with 14 CCR Section 17852(a)(24.5) is subject to the following conditions on particular types of compostable material used for land application:

(a) Green waste or green material used for land application shall meet the definition of 14 CCR Section 17852(a)(21) and shall have been processed at a solid waste facility, as defined by Public Resources Code Section 40194.

(b) Biosolids used for land application shall:

(i) Have undergone anaerobic digestion or composting, as defined in Part 503, Title 40 of the Code of Federal Regulations, Appendix B, Sections (A)(1) and (A)(4), as amended August 4, 1999, which is hereby incorporated by reference; and

(ii) Meet the requirements in 14 CCR Section 17852(a)(24.5)(B)(6) for beneficial reuse of biosolids.

(i) Have been anaerobically digested at an in-vessel digestion operation or facility, as described in 14 CCR Sections 17896.8 through 17896.13; and

(ii) Meet the land application requirements described in 14 CCR Section 17853(A)(24.5)A; and

(iii) Have obtained applicable approvals from the State and/or Regional Water Quality Control Board requirements.

7. Lawful use as animal feed, as set forth in Chapter 6 of the Food and Agricultural Code, commencing with Section 12901 et seq. and Title 3, Division 4, Chapter 2, Subchapter 2, commencing with Article 1, Section 2675 of the CCR.

8. Other operations or facilities with processes that reduce short-lived climate pollutants as determined in accordance with Section 14.06.02.020.

C. For the purposes of this section, the term “landfill” includes permitted landfills, landfills that require a permit, export out of California for disposal, or any other disposal of waste as defined by Public Resources Code Section 40192(c).

D. For the purpose of this section, edible food that would otherwise be disposed that is recovered for human consumption shall constitute a reduction of landfill disposal.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18983.1.

14.06.02.020 Determination of technologies that constitute a reduction in landfill disposal.

For operations, facilities, or activities not expressly defined in Section 14.06.02.010 as reducing landfill disposal, the determination as to whether any particular processes or technologies constitutes a reduction shall be made by CalRecycle following application for determination by the user of that process or technology pursuant to 14 CCR Section 18983.2.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18983.2.

Part 3. Organic Waste Collection Services

14.06.03.010 Types of organic waste collection services.

The city, either directly or through waste-hauling companies holding franchises from the city, shall provide organic waste collection services to residents, businesses and other persons or entities generating organic waste in the city. Such service may be provided by any combination of the methods identified in Sections 14.06.03.020, 14.06.03.030 and 14.06.03.040, in the city’s discretion.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.

14.06.03.020 Three-container organic waste collection services.

A. The city may implement a three-container organic waste collection service and provide each waste generator with a green container, a blue container and a gray container in accordance with 14 CCR Section 18984.1.

1. The green container shall be used for the collection of organic waste only; provided, however, that compostable plastics may be placed in the green container as authorized by 14 CCR Section 18984.1(a)(1)(A). Carpets, noncompostable paper, and hazardous wood waste shall not be collected in the green container. The contents of the green container shall be transported to a facility that recovers source separated organic waste.

2. The blue container shall be used for the collection of nonorganic recyclables only, but may include the following types of organic wastes: paper products, printing and writing paper; wood and dry lumber; and textiles. Hazardous wood waste shall not be collected in the blue container. The contents of the blue container shall be transported to a facility that recovers the materials designated for the blue container.

3. The gray container shall be for the collection of nonorganic waste only. Hazardous wood waste shall not be collected in the gray container.

B. At the city’s discretion, it may comply with this section by providing a container or containers that are split or divided into segregated sections, as long as the lids of the separate sections comply with the above-referenced container color requirements and material limitations.

C. At the city’s discretion, it may require additional segregation of source separated organic waste and provide additional containers or additional sections of split containers for that purpose as authorized by 14 CCR Section 18984.1(a)(6).

D. At the city’s discretion, the city may allow organic waste to be collected in the gray container in compliance with 14 CCR Section 18984.1(c).

E. At the city’s discretion, it may allow organic waste to be collected in plastic bags and placed in the green container in compliance with 14 CCR Section 18984.1(d).

F. At the city’s discretion, it may provide uncontainerized green waste and yard waste collection services in compliance with 14 CCR Section 18984.1(e).

G. The city shall have the right to transport contents of containers to a consolidation site that complies with the requirements of 14 CCR Section 17409.5.10.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.1.

14.06.03.030 Two-container organic waste collection services.

A. The city may implement a two-container organic waste collection service in accordance with 14 CCR Section 18984.2. That service may involve providing each waste generator with either a green container and a gray container, or a blue container and a gray container.

B. If the city elects to provide a green container and a gray container, then:

1. Except as noted in subsection (B)(2) of this section, the green container shall be limited to the collection of organic waste only, and the contents thereof shall be transported to a facility that specifically recovers source separated organic waste.

2. Notwithstanding subsection (B)(1) of this section, compostable plastics may be placed in the green container as authorized by 14 CCR Section 18984.1(a)(1)(C) if the contents thereof are transported to compostable material handling operations or facilities or in-vessel digestion operations or facilities that have provided written notification annually to the city that the facility can process and recover that material.

3. The gray container allows for intentional comingling of all collected wastes, including organic waste that is not designated for collection in the green container; provided, that the contents of the gray container are transported to a facility that meets or exceeds the organic waste content recovery requirements specified in 14 CCR Section 18984.3.

C. If the city elects to provide a blue container and a gray container, then:

1. The blue container is limited to the collection of nonorganic recyclables only, but may include the following types of organic wastes: paper products; printing and writing paper; wood and dry lumber; and textiles. The contents of the blue container shall be transported to a facility that recovers the materials designated for collection in the blue container.

2. The gray container allows for intentional comingling of all collected wastes, including organic waste that is not designated for collection in the blue container; provided, that the contents of the gray container are transported to a facility that meets or exceeds the organic waste content recovery requirements specified in 14 CCR Section 18984.3.

D. The city shall clearly identify the types of wastes accepted in each container, and shall clearly identify which container shall be used for the collection of any unidentified materials.

E. At the city’s discretion, it may comply with this section by providing a container or containers that are split or divided into segregated sections, as long as the lids of the separate sections comply with the above-referenced container color requirements and material limitations.

F. At the city’s discretion, it may allow organic waste to be collected in plastic bags and placed in the green container in compliance with 14 CCR Section 18984.2(e).

G. At the city’s discretion, it may provide uncontainerized green waste and yard waste collection services in compliance with 14 CCR Section 18984.2(f).

H. The city shall have the right to transport contents of containers to a consolidation site that complies with the requirements of 14 CCR Section 17409.5.10.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.2.

14.06.03.040 Unsegregated single-container collection services.

A. The city may implement a single-container organic waste collection service and provide each waste generator with a single gray container that allows for intentional commingling of all collected wastes, including organic wastes; provided, that the contents of the gray container are transported to a high diversion organic waste processing facility.

B. A facility shall not qualify as a high diversion organic waste processing facility if its annual average mixed waste organic content recovery rate is lower than that required by the definition of “high diversion organic waste processing facility” set forth in Section 14.06.01.020(U) for two consecutive quarterly reporting periods, or for three quarterly reporting periods within three years.

C. Notwithstanding subsection A of this section, the city shall have the right to transport contents of containers to a consolidation site that complies with the requirements of 14 CCR Section 17409.5.10.

D. The city may allow organic waste specified for collection in the gray container to be placed in bags for collection.

E. At the city’s discretion, it may provide uncontainerized green waste and yard waste collection services to generators within the city, as long as generators receiving that service are also provided with a collection service for the collection of other organic waste in a manner that complies with this section.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.3.

14.06.03.050 Recordkeeping.

A. The city shall include in the implementation record a description of which collection method(s) it will use to comply with this part, and the geographical area for each such collection method.

B. If the city uses a service that requires the contents of containers to be transported to a high diversion organic waste processing facility, the city shall also include in the implementation record (1) a list of all high diversion organic waste processing facilities used by the city, (2) a list of all haulers approved by the city that are allowed to take organic waste to the city’s identified high diversion organic waste processing facility or facilities, and (3) the geographical area each such hauler serves, the routes serviced, or a list of addresses served.

C. If the city allows compostable plastics to be placed in the green container pursuant to Section 14.06.03.020 or 14.06.03.030, the city shall include in the implementation record a copy of written notification received from each facility serving the city indicating that the facility recovers that material.

D. If the city allows organic waste to be collected in plastic bags pursuant to Section 14.06.03.020 or 14.06.03.030, the city shall include in the implementation record a copy of written notification received from each facility serving the city indicating that the facility can process and remove plastic bags when it recovers source separated organic waste.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.4.

14.06.03.060 Container contamination minimization (misuse of containers, and city monitoring of same).

A. Generators are prohibited from placing into any container provided pursuant to Section 14.06.03.020 (three-container systems) or 14.06.03.030 (two-container systems) any item which is not allowed to be placed in that container by those sections. The city shall monitor compliance with this subsection by either or both of the methods identified in subsections B and C of this section.

B. The city may conduct a route review for prohibited container contaminants on containers in a manner that results in all hauler routes being reviewed annually. Containers may be randomly selected along a hauler route, but not every container on a hauler route need be sampled annually. Upon finding prohibited container contaminants in a container, the city shall notify the generator of the violation. The notice shall include information regarding the generator’s requirement to properly separate materials into the appropriate containers, and may include photographic evidence of the violation. The notice may be left on the generator’s container, gate, or door at the time the violation occurs, and/or may be mailed, emailed, or electronically messaged to the generator. The city may dispose of the contents of a container which contains prohibited container contaminants. The city may, in its discretion, impose administrative civil penalties on generators in violation of subsection A of this section.

C. Where the city implements a three-container or two-container service, the city may conduct waste evaluations which shall be done at least twice per year in two distinct seasons of the year. Where the city implements a performance-based source separated collection service, the city may conduct waste evaluations which shall be done at least twice per year for the blue and green containers and once per quarter for the gray container.

1. Regardless of the method implemented each waste evaluation shall include samples of each container type served by the city and shall include samples taken from different areas in the city that are representative of the city’s waste stream.

2. The waste evaluations shall include at least the following minimum number of samples from the hauler routes included in the studies: at least twenty-five samples for routes with less than one thousand five hundred generators; at least thirty samples for routes with one thousand five hundred to three thousand nine hundred ninety-nine generators; at least thirty-five samples for routes with four thousand to six thousand nine hundred ninety-nine generators; and at least forty samples for routes with seven thousand or more generators.

3. All material collected for sampling will be transported to a sorting area at a permitted solid waste facility where the presence of prohibited container contaminants for each container type is measured to determine the ratio of prohibited container contaminants present in each container type by weight. To determine the ratio of prohibited container contaminants, the city shall use the following protocol: (a) take one sample of at least two hundred pounds from the material collected from each container stream (that is, the blue, green and gray containers) for sampling; (b) the two-hundred-pound sample shall be randomly selected from different areas of the pile of collected material for that container type; (c); for each two-hundred-pound sample, the prohibited container contaminants will be removed and weighed; and (d) the ratio of prohibited container contaminants in the sample shall be determined by dividing the total weight of prohibited container contaminants by the total weight of the sample.

4. If the sampled weight of prohibited container contaminants exceeds twenty-five percent of the measured sample for any container type, the city shall either (a) notify all generators on the sampled hauler routes of their requirement to properly separate materials into the appropriate containers; or (b) perform a targeted route review of containers on the routes sampled for waste evaluations to determine the sources of contamination and notify those generators of their obligation to properly separate materials.

5. The notices delivered pursuant to subsection (C)(4) of this section may be placed on the generator’s container, gate or door, or delivered by mail, email, or electronic message.

D. If the city implements a performance-based source separated collection service, it shall notify CalRecycle within thirty days of finding prohibited container contaminants in the gray container collection stream that exceed twenty-five percent of the measured sample by weight in each of two consecutive waste evaluations performed on gray containers.

E. If the city implements a performance-based source separated collection service, it shall, upon request, allow a representative of CalRecycle to oversee the city’s next scheduled quarterly sampling of the gray container.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.5.

14.06.03.070 Recordkeeping requirements for container contamination minimization.

The city shall include in the implementation record the following information and documents to demonstrate its compliance with Section 14.06.03.060: (1) a description of the city’s process for determining the level of container contamination; (2) documentation of route reviews conducted, if applicable; (3) if applicable, documentation of waste evaluations performed, including information on targeted route reviews conducted as a result of the studies; that documentation shall at a minimum include the dates of the studies, the location of the solid waste facility where the study was performed, routes source sector (e.g., commercial or residential), number of samples, weights, and ratio of prohibited container contaminants and the total sample size; (4) copies of all notices issued to generators with prohibited container contaminants; and (5) documentation of the number of containers where the contents were disposed due to observation of prohibited container contaminants.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.6.

14.06.03.080 Delayed replacement of functional containers.

The city’s requirement to provide color-coded containers pursuant to this chapter shall not require the city to immediately replace functional containers purchased prior to January 1, 2022, even if those do not comply with the color requirements of this chapter. Those functional containers need not be replaced until the end of their useful life, or January 1, 2036, whichever comes first.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.7.

14.06.03.090 Container labeling requirements.

Commencing January 1, 2022, the city shall cause a label to be placed on each new container or lid provided to generators consistent with the applicable container collection requirements and limitations of this chapter, specifying what materials are allowed to be placed in each container and clearly indicating the primary items that are prohibited container contaminants for each container. The city may comply with this section by (1) placing labels on containers that include language or graphic images or both that indicate the primary materials accepted and the primary materials prohibited in that container, or (2) providing containers with imprinted text or graphic images that indicate the primary materials accepted and the primary materials prohibited in that container. The city may comply with this section by using model labeling provided by CalRecycle.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.8.

14.06.03.100 Requirements for residents, businesses and other organic waste generators.

A. Organic waste generators shall comply with the provisions of this chapter and the city’s requirements with respect thereto by either (1) subscribing to and complying with the organic waste collection service provided by the city, or (2) self-hauling organic waste as required by this chapter. Commercial/industrial organic waste generators who choose to self-haul must also obtain a self-hauling permit issued by the city pursuant to Section 13.100.420.

B. Generators that are commercial businesses, except for multifamily residential dwellings, shall also:

1. Provide containers for the collection of organic waste and nonorganic recyclables in all areas where disposal containers are provided for customers, except for restrooms. Those containers shall have either (a) a body or lid that conforms to the container colors provided through the city’s organic waste collection service, or (b) container labels that comply with the requirements of Section 14.06.03.090.

2. Prohibit their employees from placing organic waste in a container not designated to receive organic waste pursuant to this chapter.

C. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

D. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

E. If a business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in areas where disposal containers are provided for customers.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.9.

14.06.03.110 Additional responsibilities of commercial business owners.

A. Commercial businesses shall provide or arrange for organic waste collection services consistent with this chapter and related city requirements, both as to the businesses themselves and their on-site employees, contractors, tenants, and customers. Without limiting the generality of the foregoing, this includes supplying and allowing access to an adequate number, size, and location of containers with sufficient labels or container color.

B. Commercial businesses shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste. Commercial landlords shall provide such information to each new tenant not later than fourteen days after the tenant occupies the premises.

C. Commercial businesses shall provide or arrange for access to their properties during all inspections conducted pursuant to Part 14 of this chapter.

D. Nothing in this section authorizes a city representative to enter the interior of a private residential property.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.10.

14.06.03.120 Waivers granted by city.

The city reserves the right (which cannot be delegated to a private entity) to grant one or more of the following types of waivers to generators of organic waste:

A. De Minimis Waivers. The city may waive a commercial business’s obligation to comply with some or all of the organic waste requirements of this chapter if the business provides documentation (or if the city otherwise has evidence) demonstrating either that (1) the business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or a green container comprises less than twenty gallons per week per applicable container of the business’s total waste; or (2) the business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business’s total waste. The city shall from time to time verify that the business’s organic waste generation meets those thresholds. If the city obtains information that a commercial business which has received a de minimis waiver is exceeding those organic waste thresholds, the city shall rescind the waiver.

B. Physical Space Waivers. The city may waive a commercial business’s or property owner’s obligation to comply with some or all of the organic waste collection service requirements of this chapter if the business or owner provided documentation (or if the city otherwise has evidence from its staff, a hauler, a licensed architect, or a licensed engineer) demonstrating that the premises lack adequate space for any of the organic waste container configurations allowed under Sections 14.06.03.020 and 14.06.03.030.

C. Collection Frequency Waivers. The city may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to a three-container or two-container organic waste collection service to arrange for the collection of solid waste in a blue container, a gray container, or both once every fourteen days; provided, that the city or its authorized hauler demonstrates to the local enforcement agency (as defined in Public Resources Code Section 40130) that less frequent collection is required and will not cause receiving sold waste facilities, operations, or both to be in violation of applicable state minimum standards, all pursuant to 14 CCR Section 18984.11(a)(3)(A)(1). Pursuant to Public Resources Code Sections 40130, 43202 and 43203, the “local enforcement agency” shall generally be designated by the city council and certified by CalRecycle; if no such agency is so designated or certified, CalRecycle will generally act as the local enforcement agency.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.11.

14.06.03.130 Waivers available from CalRecycle.

The city reserves the right to seek, from CalRecycle, waivers of organic waste collection service requirements, pursuant to 14 CCR Section 18984.12 or otherwise, if and to the extent such waivers become available to the city and/or to generators within the city.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.12.

14.06.03.140 Other exemptions from compliance with this chapter.

A. Emergency Processing Facility Temporary Equipment or Operational Failure Waivers. If the facility processing the city’s organic waste notifies the city that unforeseen operational restrictions have been imposed upon the facility by a regulatory agency or that an unforeseen equipment or operational failure will temporarily prevent the facility from processing and recovering organic waste, the city may allow the organic waste stream transported to that facility to be deposited in a landfill or landfills for up to ninety days from the date of the restriction or failure. In that event, the city shall notify CalRecycle within ten days of a waiver decision. Such notice shall include a description of the equipment failure or operational restriction that occurred at the facility, the period of time that the city will allow the organic waste stream to be deposited in a landfill or landfills, and the recycling and disposal reporting system number of the facility that experienced the temporary equipment or operational failure preventing it from receiving some or all of the city’s waste.

B. Disaster and Emergency Waivers. The city may submit a request to CalRecycle for a waiver for the landfill disposal of disaster debris that cannot be diverted pursuant to 14 CCR Section 17210(e), if a waiver or waivers have been granted pursuant to 14 CCR Sections 17210.4 and 17210.9. If CalRecycle grants a waiver pursuant to this subsection, the provisions of this chapter shall not apply to such disaster debris for the period of the waiver.

C. Sediment Exclusion. The city may dispose of sediment debris removed from dams, culverts, reservoirs, channels and other flood control infrastructure if the material is subject to a waste discharge requirement issued by the Regional Water Quality Control Board that requires the average organic content of the debris to be less than five percent.

D. Homeless Encampments and Illegal Disposal Sites. The city is not required to separate or recover organic waste that is removed from homeless encampments and illegal disposal sites as part of an abatement activity to protect public health and safety. If the total amount of solid waste removed for landfill disposal pursuant to this subsection is expected to exceed one hundred tons annually, the city shall record the amount of material removed.

E. Quarantined Materials. The city may dispose of specific types of organic waste that are subject to quarantine and that meet the following requirements: (1) the organic waste is generated from within the boundaries of an established interior or exterior quarantine area defined by the California Department of Food and Agriculture for that type of organic waste; (2) the California Department of Food and Agriculture or the county agricultural commissioner determines that the organic waste must be disposed of at a solid waste landfill and the organic waste cannot be safely recovered through any of the recovery activities identified in Part 2 of this chapter; and (3) the city retains a copy of the California Department of Food and Agriculture approved compliance agreement from each shipment stating that the material must be transported to a solid waste landfill operating under the terms of its own compliance agreement for the pest or disease of concern.

F. Federal Exemptions. This chapter shall not apply to organic waste that federal law explicitly requires to be managed in a manner that constitutes landfill disposal.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.13.

14.06.03.150 Recordkeeping requirements for waivers and exemptions.

The city shall include the following information and documents in the implementation record:

A. A copy of all correspondence received from a facility that triggered a processing facility temporary equipment or operational failure waiver and documentation setting forth the date of issuance of the waiver, the time frame for the waiver, and the locations or routes affected by the waiver.

B. A description of the city’s process for issuing waivers and frequency of inspections by the city to verify the validity of waivers.

C. A copy of all de minimis waivers, including the location, date issued, and name of generators.

D. A copy of all physical space waivers, including the location, date issued, and name of generators.

E. A copy of all collection frequency waivers, including the location, date issued, and name of generators.

F. A record of the amount of sediment debris that is disposed pursuant to Section 14.06.03.140(C) on an annual basis.

G. A record of the amount of solid waste removed from homeless encampments and illegal disposal sites as part of an abatement activity if the total amount of material removed exceeds one hundred tons.

H. A copy of all compliance agreements for quarantined organic waste that is disposed, including the name of generator, date issued, location of final disposition, and the amount of organic waste that was required to be disposed at a solid waste landfill.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.14.

Part 4. Education and Outreach

14.06.04.010 Organic waste recovery education and outreach.

A. Prior to February 1, 2022, and annually thereafter, the city shall provide the following information to organic waste generators that are provided an organic waste collection service pursuant to Part 3 of this chapter:

1. Information on the organic waste generator’s requirements to properly separate materials in appropriate containers pursuant to this chapter.

2. Information on methods for the prevention of organic waste generation, recycling organic waste on site, sending organic waste to community composting and any other local requirements regarding organic waste.

3. Information regarding the methane reduction benefits of reducing the landfill disposal of organic waste, and the methods of organic waste recovery the organic waste collection service uses.

4. Information regarding how to recover organic waste and a list of approved haulers.

5. Information related to the public health and safety and environmental impacts associated with the landfill disposal of organic waste.

6. Information regarding programs for the donation of edible food.

7. Information regarding self-hauling requirements.

B. If the city provides an unsegregated single-container collection service to any organic waste generators, then the city shall not be required to provide the information in subsection A of this section to those organic waste generators, but shall provide them with information indicating that organic waste is being processed at a high diversion organic waste processing facility.

C. The city may comply with the requirements of this section by providing the required information through print or electronic media. The city may, in addition, conduct outreach through direct contact with generators through workshops, meetings, or on-site visits.

D. The city may comply with the requirements of this section through use of a designee.

E. The city shall translate educational materials required by this chapter into any non-English language that the city determines is spoken by a substantial number of the public to whom the city provides organic waste collection services.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18985.1.

14.06.04.020 Edible food recovery education and outreach.

A. Prior to February 1, 2022, the city shall develop a list of food recovery organizations (which list need not include temporary food facilities) and food recovery services operating within the city, and shall maintain that list on the city’s website. The list shall include, at a minimum, the following information about each food recovery organization and each food recovery service: (1) name and physical address, (2) contact information, (3) collection service area, and (4) an indication of the types of food the food recovery service or organization can accept for food recovery.

B. At least annually, the city shall provide commercial edible food generators with information about (1) the city’s edible food recovery program established pursuant to Part 10 of this chapter, (2) the commercial edible food generator requirements specified in Part 10 of this chapter, (3) food recovery organizations and food recovery services operating within the city, and where a list of those organizations and services can be found, and (4) actions that commercial edible food generators can take to prevent the creation of food waste.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18985.2.

14.06.04.030 City’s recordkeeping as to its compliance with education and outreach requirements.

The city shall include in the implementation record all relevant documents supporting its compliance with this part, including without limitation the following:

A. Copies of the information provided by the city to comply with this part, including flyers, brochures, newsletters, invoice messaging, and website and social media postings.

B. The dates on which such information was disseminated, and recipients of that information. If the city provides mass distribution through mailings or bill inserts, the city shall provide the date, a copy of the information, and the type and number of accounts receiving the information.

C. If the requirements of this part were met solely through the use of electronic media, the record shall include a copy of social media posts, emails, or other electronic messages, and shall indicate the dates on which those things were posted or issued.

D. If the city relies on a designee to comply with this section, the city shall include a copy of the materials distributed by the designee.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18985.3.

Part 5. Generators of Organic Waste to Whom This Chapter Does Not Apply

14.06.05.010 Nonlocal entities and local education agencies.

This chapter does not apply to nonlocal entities and local education agencies, as those terms are defined in 14 CCR Section 18982.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR §§ 18982, 18986.1, 18986.2 and 18986.3.

Part 6. Biosolids Generated at a Publicly Owned Treatment Works

14.06.06.010 Exemption of certain biosolids generators.

A. A POTW is exempt from (1) the generator requirements of Section 14.06.03.090, (2) the organic waste recovery and measurement requirements of 14 CCR Sections 17409.5.1 through 17409.5.8, and (3) the recordkeeping and reporting requirement described in 14 CCR Section 17414.2.

B. Material received at a POTW that the POTW is not allowed to accept pursuant to 14 CCR Section 17896.6(a)(1)(C) or (D)—generally consisting of inedible kitchen grease, certain food material and vegetative food material, and other “anaerobically digestible material”—shall be deemed to constitute landfill disposal pursuant to Part 2 of this chapter.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18987.1.

Part 7. Regulation of Haulers

14.06.07.010 City’s approval of haulers and self-haulers.

A. The city requires haulers providing residential, commercial, or industrial organic waste collection services to generators within the city to identify the facilities to which they will transport organic waste, and to otherwise meet the requirements and standards of this chapter, as a condition of approval of a contract, agreement, franchise or other authorization to collect organic waste. The requirements of this subsection are in addition to, and not instead of, the franchise requirements set forth in Chapter 13.100.

B. This section is not applicable to haulers transporting source separated organic waste to a community composting site in accordance with Section 41950 et seq. of the Public Resources Code, or to haulers lawfully transporting construction and demolition debris in compliance with Sections 13.100.420 and 14.06.08.010.

C. To the extent the city is exempt from organic waste collection requirements pursuant to Section 14.06.03.120, neither the city nor haulers and self-haulers operating or located within the exempt areas of the city shall be required to comply with the provisions of this part for the duration of the exemption.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18988.1.

14.06.07.020 Requirements for haulers of organic waste (excluding self-haulers).

A. A hauler providing residential, commercial, or industrial organic waste collection services shall comply with both of the following:

1. Organic waste collected by the hauler shall be transported to a facility, operation, activity or property that recovers organic waste as defined in Section 14.06.01.020.

2. The hauler shall obtain city approval pursuant to Section 14.06.07.010.

B. The hauler shall keep a record of the documentation of its approval by the city.

C. Notwithstanding subsection A of this section, this section is not applicable to:

1. A hauler that transports source separated organic waste to a community composting site in accordance with Public Resources Code Section 41950 et seq.; or

2. A hauler that is lawfully transporting construction and demolition debris in compliance with Section 14.06.08.010.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18988.2.

14.06.07.030 Requirements for self-haulers of organic waste.

A. Generators of organic waste may, in compliance with Section 14.06.07.010, self-haul their own organic waste.

B. A generator who is a self-hauler of organic waste shall comply with the following:

1. The generator shall source separate all organic waste generated on site in a manner consistent with Sections 14.06.03.020 and 14.06.03.030, or haul organic waste to a high diversion organic waste processing facility as specified in Section 14.06.03.040.

2. The generator shall haul source separated organic waste to a solid waste facility operation, activity, or property that processes or recovers source separated organic waste.

3. The generator 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. That record shall be subject to inspection by the city.

(a) The record shall include delivery receipts and weight tickets from the entity accepting the waste.

(b) The record shall indicate the amount of material in cubic yards or tons transported by the generator to each entity.

(c) Notwithstanding subsection (B)(3)(a) of this section, 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 waste 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.

4. A residential organic waste generator that self-hauls organic waste is not required to record or report the information identified in subsection (B)(3)(c) of this section.

C. If the city (or the portion of the city in which the generator is located) has received a waiver pursuant to Section 14.06.03.120, and if the generator is not a business subject to the requirements of Section 42649 of the Public Resources Code, then the generator is not required to comply with the requirements of this section.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18988.3.

14.06.07.040 City’s recordkeeping requirements regarding regulation of haulers.

A. The city shall include in the implementation record all relevant documents supporting its compliance with this part, including without limitation copies of:

1. Ordinances, contracts, franchise agreements, policies, procedures, or programs relevant to this section.

2. A description of the city’s hauler program, including: (a) types(s) of hauler system(s) the city uses; (b) type(s) and condition(s) of approvals per type of hauler, and criteria for approvals, denials and revocations; (c) the process for issuing, revoking, and denying written approvals; and (d) any requirements associated with self-hauling and back-hauling.

3. A record of hauler compliance with this part and other applicable city ordinances, including the following information: (a) copies of all reports required from haulers; and (b) copies of all written approvals, denials, and revocations.

B. All records required by this part shall include the date of action, the name of the hauler, and the type of the action taken by the city.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18988.4.

Part 8. CalGreen Building Standards and Model Water Efficient Landscape Ordinance

14.06.08.010 CalGreen building codes.

The CalRecycle regulations pursuant to which this chapter has been adopted mandate, among other things, that the city adopt an ordinance that requires compliance with certain provisions of the California Green Building Standards Code. The city has long had such an ordinance, codified at Chapter 9.08. Reference is made to that chapter with respect to obligations of generators, haulers, the city and others as to the California Green Building Standards Code.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18989.1.

14.06.08.020 Model water efficient landscape ordinance.

The CalRecycle regulations pursuant to which this chapter has been adopted mandate, among other things, that the city adopt an ordinance that requires compliance with certain provisions of the model water efficient landscape ordinance. The city has long had such an ordinance, codified at Chapter 6.64. Reference is made to that chapter with respect to obligations of generators, haulers, the city and others as to the model water efficient landscape ordinance.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18989.2.

Part 9. Limitations on City’s Standards and Policies

14.06.09.010 Organic waste recovery standards and policies.

A. The city may adopt standards that are more stringent than those contained in this chapter, except as limited by subsection B of this section.

B. The city shall not implement or enforce an ordinance, policy, procedure, permit, condition, or initiative that includes provisions which do any of the following:

1. Prohibit, or otherwise unreasonably limit or restrict, the lawful processing and recovery of organic waste through a method identified in Part 2 of this chapter.

2. Limit a particular solid waste facility operation, property, or activity from accepting organic waste imported from outside the city for processing or recovery.

3. Limit the export of organic waste to a facility, operation, property or activity outside of the city that recovers the organic waste through a method identified in Part 2 of this chapter.

4. Require a generator or a hauler to transport organic waste to a solid waste facility or operation that does not process or recover organic waste.

5. Require a generator to use an organic waste collection service or combination of services that do not recover at least the same types of organic waste recovered by a service the generator previously had in place.

C. This section does not do any of the following:

1. Require a solid waste facility or operation to accept organic waste that does not meet the quality standards established by the solid waste facility or operation.

2. Prohibit the city from arranging with a solid waste facility or operation to guarantee permitted capacity for organic waste from the city.

3. Supersede or otherwise affect the city’s land use authority, including without limitation planning, zoning, and permitting, or an ordinance lawfully adopted pursuant to that land use authority consistent with this section.

4. Prohibit the city from arranging, through a contract or franchise, for a hauler to transport organic waste to a particular solid waste facility or operation for processing or recovery.

5. Exempt the city or any generator or hauler from compliance with (a) Division 4.5 of Title 22 of the California Code of Regulations relative to the proper handling of hazardous or universal waste, or (b) Title 3, Section 1180.48 of the California Code of Regulations relative to disposal of parts and products of animals not intended for use as human food.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18990.1.

14.06.09.020 Edible food recovery standards and policies.

A. The city shall not implement or enforce an ordinance, policy, or procedure that prohibits the ability of a generator, food recovery organization, or food recovery service to recover edible food that could be recovered for human consumption.

B. Nothing in this chapter shall be construed to limit or conflict with the provisions of the California Good Samaritan Food Donation Act of 2017. Specifically:

1. Nothing in this chapter shall be construed to limit the amount or types of foods that may be donated under that Act.

2. Nothing in this chapter shall be construed to limit the ability of a person, gleaner or food facility to donate food as provided for in Sections 114432 and 114433 of the Health and Safety Code.

3. Nothing in this chapter shall be construed to reduce the immunities provided by that Act as specified in Section 114434 of the Health and Safety Code.

C. Nothing in this chapter prohibits a food recovery service or organization from refusing to accept edible food from a commercial edible food generator.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18990.2.

Part 10. Edible Food Recovery Programs, Food Generators, and Food Recovery

14.06.10.010 South Gate edible food recovery program.

A. The city shall implement an edible food recovery program that shall include the actions that the city will take to accomplish each of the following:

1. Educate commercial edible food generators as set forth in Section 14.06.04.020.

2. Increase commercial edible food generator access to food recovery organizations and food recovery services.

3. Monitor commercial edible food generator compliance as required in Part 14 of this chapter.

4. Increase edible food recovery capacity if the analysis required by Section 14.06.11.020 indicates that the city does not have sufficient capacity to meet its edible food recovery needs.

B The city may fund the actions taken to comply with this section through franchise fees, local assessments, or other funding mechanisms.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.1.

14.06.10.020 Recordkeeping requirements for South Gate edible food recovery program.

The city shall include in the implementation record all documents supporting the city’s compliance with Section 14.06.10.010, together with the following information:

A. A list of commercial edible food generators in the city that have a contract or written agreement with food recovery organizations or services pursuant to Section 14.06.10.030(B).

B. A list of food recovery organizations and food recovery services in the city and their edible food recovery capacity.

C. Documentation of the actions the city has taken to increase edible food recovery capacity.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.2.

14.06.10.030 Commercial edible food generators.

A. Tier one commercial edible food generators shall comply with the requirements of this section commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements of this section commencing January 1, 2024.

B. Commercial edible food generators shall arrange to recover the maximum amount of edible food that would otherwise be disposed. A commercial edible food generator shall comply with the requirements of this section through a contract or written agreement with any or all of the following:

1. Food recovery organizations or services that will collect their edible food for food recovery.

2. Food recovery organizations that will accept the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

C. A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of this section.

D. A commercial edible food generator shall comply with the requirements of this section unless the commercial edible food generator demonstrates the existence of extraordinary circumstances beyond its control that make such compliance impracticable. If an enforcement action is commenced against a commercial edible food generator for noncompliance, the burden of proof shall be upon the commercial edible food generator to demonstrate extraordinary circumstances. For the purposes of this section, extraordinary circumstances are (1) the city’s failure to increase edible food recovery capacity as required by Section 14.06.10.010, and (2) acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.

E. An edible food generator shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or service.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.3.

14.06.10.040 Recordkeeping requirements for commercial edible food generators.

A commercial edible food generator subject to the requirements of this part shall keep a record that includes the following:

A. 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 Section 14.06.10.030(B).

B. A copy of contracts or written agreements between the commercial edible food generator and a food recovery service or organization.

C. A record of the following for each food recovery organization or service that the commercial edible food generator has a contract or written agreement with pursuant to Section 14.06.10.030(B):

1. The name, address, and contact information of the service or organization.

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

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

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

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.4.

14.06.10.050 Food recovery services and organizations.

A. A food recovery service that has established a contract or written agreement to collect or receive edible food directly from commercial edible food generators pursuant to Section 14.06.10.030(B) shall maintain the following records:

1. The name, address, and contact information for each commercial edible food generator that the service collects edible food from.

2. The quantity, in pounds, of edible food collected from each commercial edible food generator per month.

3. The quantity, in pounds, of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the service transports edible food to for food recovery.

B. A food recovery organization that has established a contract or written agreement to collect or receive edible food directly from commercial edible food generators pursuant to Section 14.06.10.030(B) shall maintain the following records:

1. The name, address, and contact information for each commercial edible food generator that the organization receives edible food from.

2. The quantity, in pounds, of the edible food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.5.

Part 11. Organic Waste Recycling Capacity Planning

14.06.11.010 Organic waste recycling capacity planning.

A. The city shall coordinate with the county of Los Angeles as reasonably necessary to allow the county to comply with its organic waste recycling capacity planning obligations pursuant to 14 CCR Section 18992.1.

B. The city shall respond within one hundred twenty days to any request from the county for information pertaining to the city that is necessary for the county to comply with those organic waste recycling capacity planning obligations.

C. Entities contacted by the city in connection with any such county request shall respond to the city within sixty days 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.

D. If the county of Los Angeles determines in connection with its organic waste recycling capacity planning obligations pursuant to 14 CCR Section 18992.1 that the city lacks sufficient capacity and directs the city to submit an implementation study to CalRecycle pursuant to said 14 CCR Section 18992.1, the city shall prepare such an implementation study and submit it to CalRecycle. The implementation schedule shall demonstrate to CalRecycle how the city will ensure that there is enough available capacity to recover the organic waste currently disposed by generators within the city by the end of the applicable report period identified in Section 14.06.11.030. The implementation schedule shall include timelines and milestones for planning efforts to access capacity, including without limitation (1) obtaining funding for organic waste recycling infrastructure, including but not limited to modifying franchise agreements or demonstrating other means of financially supporting the expansion of organic waste recycling, and (2) identification of facilities, operations, and activities that could be used for additional capacity. If required by the county’s notice, the city shall also identify proposed new or expanded organic waste recycling facilities that will be used to process organic waste.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18992.1.

14.06.11.020 Edible food recovery capacity.

A. The city shall coordinate with the county of Los Angeles as reasonably necessary to allow the county to comply with its edible food recovery capacity planning obligations pursuant to 14 CCR Section 18992.2.

B. The city shall respond within one hundred twenty days to any request from the county for information pertaining to the city that is necessary for the county to comply with those edible food recovery capacity planning obligations.

C. Entities contacted by the city in connection with any such coordination shall respond to the city within sixty days regarding available and potential new or expanded capacity.

D. If the county of Los Angeles determines in connection with its edible food recovery capacity planning obligations pursuant to 14 CCR Section 18992.2 that the city lacks sufficient capacity and directs the city to submit an implementation study to CalRecycle pursuant to said 14 CCR Section 18992.1, the city shall prepare such an implementation study and submit it to CalRecycle. The implementation schedule shall demonstrate to CalRecycle how the city will ensure that there is enough new or expanded capacity to recover the edible food currently disposed by commercial edible food generators within the city by the end of the applicable report period identified in Section 14.06.11.030. The implementation schedule shall include timelines and milestones for planning efforts to access additional new or expanded capacity, including without limitation (1) obtaining funding for edible food recovery infrastructure, including but not limited to modifying franchise agreements or demonstrating other means of financially supporting the expansion of edible food recovery capacity, and (2) identification of facilities, operations, and activities inside the county that could be used for additional capacity. If required by the county’s notice, the city shall also consult with food recovery organizations and food recovery services regarding existing, or proposed new and expanded, capacity that could be accessed by the city and its commercial edible food generators.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18992.2.

14.06.11.030 Schedule for reporting.

A. CalRecycle requires Los Angeles County to submit to it reports pertaining to organic waste recycling capacity planning and edible food recovery capacity planning by the following dates for the following periods:

1. County reports are due August 1, 2022, for the period covering January 1, 2022, through December 31, 2024.

2. County reports are due August 1, 2024, for the period covering January 1, 2025, through December 31, 2034.

3. County reports are due August 1, 2029, for the period covering January 1, 2030, through December 31, 2039.

4. County reports are due August 1, 2034, for the period covering January 1, 2035, through December 31, 2044.

B. Implementation studies which the city is required to submit to CalRecycle pursuant to Sections 14.06.11.010 and 14.06.11.020 must be submitted to CalRecycle not later than one hundred twenty days following the county’s submission to CalRecycle of the county’s reports for the corresponding period.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18992.3.

Part 12. Procurement of Recovered Organic Waste Products

14.06.12.010 Recovered organic waste product procurement target.

A. Commencing January 1, 2022, the city shall annually procure a quantity of recovered organic waste products that meets or exceeds the city’s current annual recovered organic waste product procurement target as determined by CalRecycle pursuant to 14 CCR Section 18993.1. Generally, that procurement target shall equal 0.08 tons of organic waste per resident of the city, but the exact target will be calculated by CalRecycle.

B. The city shall comply with subsection A of this section by doing one or both of the following:

1. Directly procuring recovered organic waste products for use or giveaway.

2. Requiring, through a written contract or agreement, that a direct service provider to the city procure recovered organic waste products and provide written documentation of such procurement to the city.

C. The recovered organic waste products that the city may procure to comply with this part are:

1. Compost, subject to any applicable limitations of Public Contract Code Section 22150, that is produced at either (a) a compostable material handling operation or facility permitted or authorized under Chapter 3.1 of Division 7 of Title 14 of the CCR, or (b) a large volume in-vessel digestion facility as defined and permitted under Chapter 3.1 of Division 7 of Title 14 of the CCR that composts on site. For purposes of subsection (C)(1)(b) of this section, digestate is a distinct material from compost and is thus not a recovered organic waste product eligible for use in complying with this part.

2. Renewable gas used for fuel for transportation, electricity, or heating applications.

3. Electricity from biomass conversion, as that term is defined in Public Resources Code Section 40106.

4. Mulch; provided, that the following conditions are met for the duration of the applicable compliance year:

(a) The mulch procured by the city to comply with this part must meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)(1) through (3).

(b) The mulch is produced at one or more of the following:

(i) A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(10) that is permitted or authorized under Division 7 of Title 14 of the CCR.

(ii) A transfer/processing facility or transfer/processing operation as defined in Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under Division 7 of Title 14 of the CCR.

(iii) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under Division 2 of Title 27 of the CCR.

D. The following conversion factors shall be used to convert tonnage in the city’s annual recovered organic waste product procurement target to equivalent amounts of recovered organic waste products. One ton of organic waste in a recovered organic waste product procurement target shall constitute:

1. Twenty-one diesel gallon equivalents, or “DGE,” of renewable gas in the form of transportation fuel.

2. Two hundred forty-two kilowatt-hours of electricity derived from renewable gas.

3. Twenty-two therms for heating derived from renewable gas.

4. Six hundred fifty kilowatt-hours of electricity derived from biomass conversion.

5. 0.58 tons of compost or 1.45 cubic yards of compost.

6. One ton of mulch.

E. Renewable gas procured from a POTW may only count toward the city’s recovered organic waste product procurement target if the following conditions are met for the applicable procurement compliance year:

1. The POTW receives organic waste directly from one or more of the following: (a) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), that is permitted or authorized under Division 7 of Title 14 of the CCR; (b) a transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under Division 7 of Title 14 of the CCR; or (c) a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under Division 2 of Title 27 of the CCR.

2. The POTW is in compliance with the exclusion described in 14 CCR Section 17896.1.

3. The city receives a record from the POTW documenting the tons of organic waste received by the POTW from all solid waste facilities described in subsection (E)(1) of this section.

4. The amount of renewable gas the city procured from the POTW for fuel, electricity, or heating applications is less than or equal to the POTW’s production capacity of renewable gas generated from organic waste received at the POTW directly from solid waste facilities as determined using the relevant conversion factors in subsection D of this section.

5. The POTW transported less than twenty-five percent of the biosolids it produced to activities that constitute landfill disposal.

F. Electricity procured from a biomass conversion facility may only count toward the city’s recovered organic waste product procurement target if the biomass conversion facility receives feedstock directly from one or more of the following during the duration of the applicable procurement compliance year:

1. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17582(a)(10), that is permitted or authorized under Division 7 of Title 12 of the CCR; or

2. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under Division 7 of Title 14 of the CCR; or

3. A solid waste landfill as defined in Public Resources Code Section 40105.1 that is permitted under Division 2 of Title 27 of the CCR.

G. If the city’s annual recovered organic waste product procurement target exceeds the city’s total procurement of transportation fuel, electricity, and gas for heating applications from the previous calendar year as determined by the conversion factors in subsection D of this section, the target shall be adjusted to an amount equal to the city’s total procurement of those products as converted to their recovered organic waste product equivalent from the previous year consistent with subsection D of this section.

H. The city shall identify additional procurement opportunities within the city’s departments and divisions for expanding the use of recovered organic waste products.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18993.1.

14.06.12.020 Recordkeeping requirements for recovered organic waste product procurement target.

The city shall include in the implementation record all documents supporting the city’s compliance with this part, including without limitation the following:

A. A description of how the city will comply with the requirements of this part.

B. The name, physical location, and contact information of each entity, operation, or facility from whom the recovered organic waste products were procured, and a general description of how the product was used, and if applicable, where the product was applied.

C. All invoices or similar records evidencing all procurement.

D. If the city will include procurement of recovered organic waste products made by a direct service provider to comply with the procurement requirements of Section 14.06.12.010(A), the city shall include all records of procurement of recovered organic waste products made by the direct service provider on behalf of the city including invoices or similar records evidencing procurement.

E. If the city will include renewable gas procured from a POTW for any of the uses identified in Section 14.06.12.010(C)(2) to comply with the procurement requirements of Section 14.06.12.010(A), a written certification by an authorized representative of the POTW, under penalty of perjury in a form and manner determined by the city, attesting to the following for the applicable procurement compliance year:

1. That the POTW was in compliance with the exclusion in 14 CCR Section 17896.6(a)(1);

2. The total tons of organic waste received from the types of solid waste facilities listed in Section 14.06.12.010(E)(1); and

3. The percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal.

F. If the city will include electricity procured from a biomass conversion facility to comply with the procurement mandate of Section 14.06.12.010(A), a written certification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in Section 14.06.12.010(F) shall be provided to the city. The certification shall be furnished under penalty of perjury in a form and manner determined by the city.

G. If the city is implementing the procurement requirements of Section 14.06.12.010(A) through an adjusted recovered organic waste product procurement target pursuant to Section 14.06.12.010(G), the city shall include records evidencing the total amount of transportation fuel, electricity, and gas for heating applications procured during the calendar year prior to the applicable reporting period.

H. If the city is complying with the requirements of Section 14.06.12.010 through the procurement of mulch, a copy of said Section 14.06.12.010.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18993.2.

14.06.12.030 Recycled content paper procurement requirements.

A. The city shall procure paper products, and printing and writing paper, consistent with the requirements of Sections 22150 through 22154 of the Public Contract Code.

B. In addition to meeting the requirements of subsection A of this section, paper products and printing and writing paper shall be eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12 as published January 1, 2013, which is hereby incorporated by reference. Generally a product can be labeled with an unqualified recyclable label if the product can be collected, separated, or otherwise recovered from the waste stream through an established recycling program for reuse or use in manufacturing or assembling another item.

C. All businesses from whom the city purchases paper products and printing and writing paper must certify in writing to the city:

1. The minimum percentage, if not the exact percentage, of postconsumer material in the paper products and printing and writing paper offered or sold to the city. The certification shall be furnished under penalty of perjury in a form and manner determined by the city. The city may waive the certification requirement if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label catalog, invoice, or manufacturer or vendor internet website.

2. That the paper products and printing and writing paper offered or sold to the city are eligible to be labeled with an unqualified recyclable label as defined in the above-referenced 16 CFR Section 260.12.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18993.3.

14.06.12.040 Recordkeeping requirements for recycled content paper procurement.

The city shall include in the implementation record all documents supporting its compliance with this part, including without limitation the following:

A. Copies of invoices, receipts or other proof of purchase that describe the procurement of paper products by volume and type for all paper purchases.

B. Copies of all certifications or other verification required under Section 14.06.12.030.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18993.4.

Part 13. Reporting

14.06.13.010 City’s initial compliance report.

Not later than April 1, 2022, the city shall report the following information to CalRecycle pertaining to the city’s implementation and compliance with the requirements of this chapter:

A. A copy of this chapter.

B. The reporting items identified in Section 14.06.13.020.

C. The following contact information:

1. The name, mailing address, phone number, and email address of the city employee designated by the city as the primary contact person for purposes of receiving communications regarding compliance with this chapter.

2. The name and address of the agent designated by the city for the receipt of service of process from CalRecycle for the purpose of enforcement of this chapter if different from that in subsection (C)(1) of this section.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18994.1.

14.06.13.020 City’s annual reports.

A. Reporting Schedule. The city shall report the information required in this section to CalRecycle according to the following schedule:

1. On or before October 1, 2022, the city shall report for the period of January 1, 2022, through June 30, 2022.

2. On or before August 1, 2023, and on or before August 1st each year thereafter, the city shall report for the period covering the entire previous calendar year.

B. Information Regarding Collection. The city shall report the following, relative to the city’s implementation of the organic waste collection requirements of Part 3 of this chapter:

1. The type of organic waste collection service(s) provided by the city to its generators.

2. The total number of generators that receive each type of organic waste collection service provided by the city.

3. If the city is implementing an organic waste collection service that requires transport of the contents of containers to a high diversion organic waste processing facility, the city shall identify the recycling and disposal reporting system number of each facility that receives organic waste from the city.

4. If the city allows placement of compostable plastics in containers pursuant to Section 14.06.03.020 or 14.06.03.030, the city shall identify each facility that has notified the city that it accepts and recovers that material.

5. If the city allows placement of compostable plastics in containers pursuant to Section 14.06.03.020 or 14.06.03.030, the city shall identify each facility that has notified the city that it can accept and remove plastic bags when it recovers source separated organic waste.

C. Information Regarding Monitoring. The city shall report the following relative to its implementation of the contamination monitoring requirements of Part 3 of this chapter:

1. The number of route reviews conducted for prohibited container contaminants.

2. The number of times notices, violations, or targeted education materials were issued to generators for prohibited container contaminants.

3. The results of waste evaluations performed to meet the container contamination minimization requirements and the number of resulting targeted route reviews.

D. Information Regarding Waivers. The city shall report the following relative to its implementation of waivers pursuant to Part 3 of this chapter:

1. The number of days an emergency circumstances waiver as allowed in Section 14.06.03.130 was in effect, and the type of waiver issued.

2. The tons of organic waste that were disposed as a result of those waivers, except disaster and emergency waivers granted in Section 14.06.03.130(B).

3. The number of generators issued a de minimis waiver.

4. The number of generators issued a physical space waiver.

5. If the city receives a waiver from CalRecycle pursuant to 14 CCR Section 18984.12, the city shall report, as to each year the waiver is in effect, the number of generators waived from the requirement to subscribe to an organic waste collection service.

E. Information Regarding Education and Outreach. With respect to the city’s implementation of education and outreach required by Part 4 of this chapter, the city shall report the number of organic waste generators and edible food generators that received information and the type of education and outreach used.

F. Information Regarding Hauler Oversight. The city shall report the following regarding its implementation of the hauler oversight requirements of Part 7 of this chapter:

1. The number of haulers approved to collect organic waste in the city.

2. The recycling and disposal reporting system number of each facility that is receiving organic waste from haulers approved by the city.

3. The number of haulers that have had their approval revoked or denied.

G. Information Regarding CalGreen and Water Efficient Landscape Requirements. The city shall report the following regarding its implementation of the CalGreen building standards and model water efficient landscape ordinance as required by Part 8 of this chapter:

1. The number of construction and demolition debris removal activities conducted in compliance with Section 14.06.08.010.

2. The number of projects subject to Section 14.06.08.020.

H. Information Regarding Edible Food Recovery. The city shall report the following regarding its implementation of the edible food recovery requirements of Part 10 of this chapter:

1. The number of commercial edible food generators located within the city.

2. The number of food recovery services and organizations located and operating within the city that contract with or have written agreements with the commercial edible food generators for food recovery. The city shall and hereby does require food recovery organizations and services that are located within the city and that contract with or have written agreements with commercial edible food generators pursuant to Section 14.06.10.030(B) to report to the city the amount of edible food in pounds recovered by the service or organization in the previous calendar year.

3. The total pounds of edible food recovered by food recovery organizations and services pursuant to subsection (H)(2) of this section.

I. Information Regarding Procurement Requirements. The city shall report the following regarding its implementation of the procurement requirements of Part 12 of this chapter:

1. The amount of each recovered organic waste product procured directly by the city, or through direct service providers, or both, during the prior calendar year.

2. If the city is implementing the procurement requirements of Section 14.06.12.010 through an adjusted recovered organic waste product procurement target pursuant to Section 14.06.12.010(G), the city shall include in its report the total amount of transportation fuel, electricity, and gas for heating applications procured during the calendar year prior to the applicable reporting period.

J. Information Regarding Compliance, Monitoring and Enforcement. The city shall report the following regarding its implementation of the compliance, monitoring, and enforcement requirements specified in Parts 14, 15 and 16 of this chapter:

1. The number of commercial businesses that were included in a compliance review performed by the jurisdiction pursuant to Section 14.06.14.010(A)(1), as well as the number of violations found and corrected through compliance reviews if different from the amount reported in subsection (J)(5) of this section.

2. The number of route reviews conducted.

3. The number of inspections conducted by type for commercial edible food generators, food recovery organizations, and commercial businesses.

4. The number of complaints pursuant to Section 14.06.14.030 that were received and investigated, and the number of notices of violation issued based on investigation of those complaints.

5. The number of notices of violation issued, categorized by type of entity subject to this chapter.

6. The number of penalty orders issued, categorized by type of entity subject to this chapter.

7. The number of enforcement actions that were resolved, categorized by type of regulated entity.

K. Changes of Information. The city shall report any changes to the information described in Sections 14.06.13.010(A) and (C) (contact information).

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18994.2.

Part 14. Enforcement Requirements

14.06.14.010 City inspection requirements.

A. On or before January 1, 2022, the city shall have an inspection and enforcement program that is designed to ensure overall compliance with this chapter and that, at a minimum, includes the following requirements:

1. Beginning January 1, 2022, and at least annually thereafter, the city shall conduct the following:

(a) If the city is using the compliance method described in Section 14.06.03.020 (three-container) or 14.06.03.030 (two-container), the city shall complete a compliance review of all solid waste collection accounts for commercial businesses that are subject to the city’s authority and that generate two cubic yards or more per week of solid waste, including organic waste.

(i) The city shall also determine compliance with organic waste generator requirements set forth in Section 14.06.03.100(A), and shall also determine compliance with self-haul requirements set forth in Section 14.06.07.030.

(ii) Beginning April 1, 2022, the city shall either:

(A) Conduct annual route reviews of commercial businesses and residential generators for compliance with organic waste generator requirements set forth in Section 14.06.03.100(A) and container contamination requirements set forth in Section 14.06.03.060; or

(B) Perform waste evaluations consistent with Section 14.06.03.060(C) to verify commercial businesses’ and residential generators’ compliance with the organic waste generator requirements set forth in Section 14.06.03.100(A).

(b) If the city is using the compliance method described in Section 14.06.03.040 (that is, a single-container system), the city shall conduct a compliance review of all solid waste collection accounts for commercial businesses that are subject to city authority and generate two cubic yards or more per week of solid waste, including organic waste. In doing so, the city shall determine compliance with:

(i) Organic waste generator requirements set forth in Section 14.06.03.100(A) and document whether the business is transporting the contents to a high diversion organic waste processing facility; or

(ii) Self-hauling requirements pursuant to Section 14.06.07.030, including whether a business is complying through back-hauling organic waste.

2. Beginning January 1, 2022, the city shall conduct inspections of tier one commercial edible food generators and food recovery organizations and services for compliance with this chapter. Beginning January 1, 2024, the city shall conduct inspections of tier two commercial edible food generators for compliance with Part 10 of this chapter.

3. Beginning January 1, 2022, the city shall investigate complaints as required under Section 14.06.14.030.

4. Beginning January 1, 2022, and until December 31, 2023, the city shall provide educational material describing the applicable requirements of this chapter in response to violations.

5. Beginning January 1, 2024, the city shall enforce this chapter pursuant to Sections 14.06.14.030 and 14.06.16.020 in response to violations.

6. At least every five years from the date of issuance, the city shall verify through inspection that commercial businesses are meeting de minimis and physical space waivers for compliance consistent with the requirements of Section 14.06.03.110.

B. The city shall conduct a sufficient number of route reviews and inspections of entities described in this section to adequately determine overall compliance with this chapter. The city may prioritize inspections of entities that the city determines are more likely to be out of compliance.

C. The city shall generate a written or electronic record for each inspection, route review, and compliance review conducted pursuant to this chapter. Each record shall include, at a minimum, the following information:

1. Identifying information for the subject or subjects of the inspection, route review, or compliance review, such as, but not limited to: (a) the name or account name of each person or entity; (b) a description of the hauler route and addresses covered by a route review; and (c) a list of accounts reviewed for each compliance review.

2. The date or dates the inspection, route review, or compliance review was conducted.

3. The person or persons who conducted the action.

4. The city’s findings regarding compliance with this chapter, including any notices of violation or educational materials that were issued.

5. Any relevant evidence supporting the findings in subsection (C)(4) of this section, such as, but not limited to, photographs and account records.

6. Route review records shall also include a description of the locations of the route review(s) and the addresses where prohibited container contaminants are found, if any.

D. Documentation of route reviews, compliance reviews, and inspections, as well as all other records of enforcement conducted pursuant to this chapter, shall be maintained in the implementation record, including without limitation:

1. Copies of all documentation of route reviews, compliance reviews, and inspections.

2. Copies of all enforcement actions required by Section 14.06.14.040.

3. A list of the date(s) that the city determined an entity complied with a notice of violation and the evidence that supports that compliance determination.

4. Copies of notices and educational material provided as required by this section.

E. Consistent with Section 14.06.01.010(B), the city may have a designee conduct inspections required by this section.

F. Any records obtained by the city though its implementation and enforcement of the requirements of this chapter shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18995.1.

14.06.14.020 Implementation record and recordkeeping requirements.

A. The city shall maintain all records required by this chapter in the implementation record.

B. The implementation record shall be stored in one central location, physical or electronic, that can be readily assessed by CalRecycle.

C. Upon CalRecycle’s request, the city shall provide access to the implementation record within ten business days.

D. All records and information shall be included in the implementation record within sixty days of the creation of the records or information.

E. All records shall be retained by the city for five years.

F. At a minimum, the following shall be included in the implementation record:

1. A copy of all ordinances or other similarly enforceable mechanisms, contracts, and agreements, as required by this chapter.

2. A written description of the city’s inspection and enforcement program that the city uses to comply with Section 14.06.14.010 and this section.

3. All organic waste collection service records required by Section 14.06.03.050.

4. All contamination minimization records required by Section 14.06.03.060.

5. All waiver and exemption records required by Section 14.06.03.150.

6. All education and outreach records required by Section 14.06.04.030.

7. All hauler program records required by Section 14.06.07.040.

8. All edible food recovery program records required by Section 14.06.10.020.

9. All recovered organic waste procurement target records required by Section 14.06.12.020.

10. All recycled content paper procurement records required by Section 14.06.12.040.

11. All inspection, route review, and compliance review documents generated pursuant to the requirements of Section 14.06.14.010.

12. All records of enforcement actions undertaken pursuant to this chapter.

13. All records of complaints and investigations of complaints required by Section 14.06.14.030 and compliance with the city’s inspection and enforcement requirements of Section 14.06.14.010.

14. All records required by Section 14.06.17.040 if the city is implementing a performance-based source separated organic waste collection service under Part 17 of this chapter.

G. All records maintained in the implementation record shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18995.2.

14.06.14.030 City investigation of complaints of alleged violations.

A. The city shall provide a procedure for the receipt and investigation of written complaints of alleged violations of this chapter. The city shall allow for the submission of anonymous complaints.

B. The procedure shall provide that complaints be in writing and include the following information:

1. If the complaint is not anonymous, the name and contact information of the complainant.

2. The identity of the alleged violator, if known.

3. A description of the alleged violation, including location(s) and all other relevant facts known to the complainant.

4. Any relevant photographic or documentary evidence to support the allegations in the complaint.

5. The identity of any witnesses, if known.

C. The city shall commence an investigation within ninety days of receiving a complaint that meets the requirements of subsection B of this section if the city determines that the allegations, if true, would constitute a violation of this chapter. The city may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to the city.

D. The city shall provide a procedure to notify a complainant of the results of the complaint if the identity and contact information of the complainant are known.

E. The city shall maintain in the implementation record records of all complaints and responses made pursuant to this section. The records shall include the complaint as received and the city’s determination of compliance or notice of violations issued.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and CCR § 18995.3.

14.06.14.040 Enforcement by city.

A. With the exception of violations of the prohibited container contaminants provisions in Section 14.06.03.060(A), which the city shall enforce through the notice provisions of Section 14.06.14.060(B), for violations of this chapter occurring on or after January 1, 2024, the city shall take enforcement action as set forth in this section.

1. The city shall issue a notice of violation requiring compliance within sixty days of the issuance of that notice.

2. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties pursuant to Part 16 of this chapter.

B. The city may extend the compliance deadlines set forth in a notice of violation issued pursuant to subsection A of this section if the city finds that extenuating circumstances beyond the control of the respondent make compliance with the deadlines impracticable. For purposes of this section, extenuating circumstances are:

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

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

3. Deficiencies in organic waste recycling capacity infrastructure or edible food recovery capacity, and the relevant jurisdiction is under a corrective action plan pursuant to Section 14.06.15.020 due to those deficiencies.

C. A notice of violation shall include the following information:

1. The name(s), or account name(s) if different, of each person or entity to whom it is directed.

2. A factual description of the violations of this chapter, including the sections being violated.

3. A compliance date by which the operator is to take specified action(s).

4. The penalty for not complying within the specified compliance date.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18995.4.

Part 15. Enforcement Oversight by CalRecycle

14.06.15.010 CalRecycle evaluation of city compliance.

The city shall cooperate with CalRecycle as to any investigation conducted by CalRecycle pursuant to 14 CCR Section 18996.1. If CalRecycle notifies the city that this chapter is inconsistent with or does not meet the requirements of Chapter 12 of Division 7 of Title 14 of the CCR, the city shall within one hundred eighty days from that notice modify this chapter to correct the deficiencies.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18996.1.

14.06.15.020 Corrective action plan.

The city will comply with any corrective action plan issued to it by CalRecycle pursuant to 14 CCR Section 18996.2.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18996.2.

14.06.15.030 Access for CalRecycle’s inspection.

Upon presentation of proper credentials, an authorized employee or agent of CalRecycle shall be allowed to enter the premises of any entity subject to this chapter during normal working hours to conduct inspections and investigations in order to examine organic waste recovery activities, edible food recovery activities, and records in order to determine compliance with this chapter. Without limiting the generality of the foregoing, such entities shall allow the authorized CalRecycle employee or agent to review or copy (or both) any paper records, electronic records, or other records required by this chapter.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18996.4.

14.06.15.040 Joint enforcement referral.

The city reserves the right—in cooperation with other cities, the county of Los Angeles, and/or other jurisdictions—to file a joint enforcement referral with CalRecycle under 14 CCR Section 18668.5, pursuant to which CalRecycle may enforce this chapter against one or more organic waste generators.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18996.5.

Part 16. Administrative Civil Penalties

14.06.16.010 Scope.

The city hereby adopts this part in order to establish enforceable mechanisms for the imposition of penalties as required by 14 CCR Sections 18992.2 and 18997.1.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18997.1.

14.06.16.020 Penalty amounts.

A. Penalties for violations of the requirements of this chapter shall be as follows:

1. For a first violation, the amount of the base penalty shall be fifty dollars to one hundred dollars per violation.

2. For a second violation, the amount of the base penalty shall be one hundred dollars to two hundred dollars per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars to five hundred dollars per violation.

B. Nothing in this section shall be construed as preventing the city from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with city requirements outside the scope of this chapter, in addition to the imposition of penalties authorized under this section.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18997.2.

Part 17. Performance-Based Source Separated Organic Waste Collection Service

14.06.17.010 Requirements for performance-based source separated collection service.

A. The city hereby reserves the right to implement a performance-based organic waste collection service by doing all of the following:

1. Providing a three-container organic waste collection service consistent with Section 14.06.03.020 to at least ninety percent of the commercial businesses in the city and to at least ninety percent of the city’s residents.

2. Transporting the contents of the source separated organic waste collection stream to a designated source separated organic waste facility.

3. Ensuring that the presence of organic waste in the gray container collection stream does not exceed an annual average of twenty-five percent by weight.

(a) The annual average percent of organic waste present in the gray container collection stream shall be determined by the results of waste evaluations performed by the city pursuant to Section 14.06.03.060.

(b) The annual average percent of organic waste present in a jurisdiction’s gray container collection stream is the average of the results of the gray container waste collection stream samples performed by the city in the immediately previous four quarters pursuant to Section 14.06.03.060.

4. Providing collection service to organic waste generators, without any requirement that commercial businesses or residents first request solid waste collection service prior to enrollment in those services.

5. Notifying CalRecycle pursuant to Section 14.06.17.030.

B. If the city implements a performance-based organic waste collection service and delegates collection services to a designee, the city shall include in its contracts or agreements with the designee a requirement that all haulers transport the source separated organic waste collection stream collected from generators to a designated source separated organic waste facility.

C. If the city fails to meet the requirements of this section after notifying CalRecycle in accordance with Section 14.06.17.030, the city shall implement an organic waste collection service that complies with the requirements of Part 3 of this chapter.

D. If the city implements a performance-based organic waste collection service pursuant to this section, a hauler providing a performance-based source separated collection service is not required to comply with the provisions of Section 14.06.07.020, but shall comply with the following:

1. Only transport the source separated organic waste collection stream to a designated source separated organic waste recycling facility.

2. Keep a record of the documentation of its approval by the city.

E. The requirements of subsection D of this section are not applicable to:

1. A hauler that, consistent with Public Resources Code Section 41950 et seq., transports source separated organic waste to a community composting site; or

2. A hauler that is lawfully transporting construction and demolition debris in compliance with Section 14.06.08.010.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18998.1.

14.06.17.020 Compliance exceptions.

If the city implements a performance-based source separated collection service that meets the requirements of Section 14.06.17.010, the city shall not be subject to the following:

A. The two-container and single-container requirements of Sections 14.06.03.030 and 14.06.03.040.

B. The container labeling requirements in Section 14.06.03.090, and the waiver provisions of Section 14.06.03.120.

C. The recordkeeping requirements in Sections 14.06.03.050 and 14.06.03.150.

D. The organic waste recovery education and outreach requirements in Section 14.06.04.010.

E. The recordkeeping requirements in Section 14.06.04.030, except as related to edible food recovery education and outreach performed under Section 14.06.04.020.

F. The regulation of haulers in Part 7 of this chapter.

G. The city’s annual reporting requirements in Sections 14.06.13.020(C)(1) and (2), (D), (E), (F), and (J).

H. The city’s inspection and enforcement requirements in Section 14.06.14.010, except for the provisions related to edible food generators and food recovery organizations and services in that section.

I. The implementation record and recordkeeping requirements in Sections 14.06.14.020(F)(3) through (7). Implementation records requirements of Sections 14.06.14.020(F)(11), (12) and (13) shall only be required for inspections and enforcement related to edible food generators and food recovery organizations and services.

J. The city’s investigation of complaints of alleged violations and requirements in Section 14.06.14.030, except as it pertains to entities subject to the edible food recovery requirements of Part 10 of this chapter.

K. The city’s enforcement requirements in Section 14.06.14.040, except as it pertains to entities subject to the edible food recovery requirements of Part 10 of this chapter.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18998.2.

14.06.17.030 Notification to CalRecycle.

A. If the city implements a performance-based source separated collection service beginning in 2022, the city shall notify CalRecycle on or before January 1, 2022. If the city will implement a performance-based source separated collection system in any subsequent year, the city shall notify CalRecycle on or before January 1st of that year.

B. The notification required by subsection A of this section shall include the following information:

1. The name of the city.

2. The date on which the city will start providing the performance-based source separated collection service.

3. Contact information for the city, including the name, address, and telephone number of the city representative with primary responsibility for ensuring compliance with this part.

4. The address within the city where all records required by this chapter are maintained.

5. A list of each designated source separated organic waste facility, landfill disposal facility, and any other solid waste facility and their recycling and disposal reporting system numbers, for any facility that will be receiving solid waste directly from the city.

6. The name of any designee to whom the city has delegated responsibilities pursuant to Section 14.06.17.010, and any relevant documentation demonstrating the designee’s obligation to comply with the provisions of this part.

7. A statement by the city representative with primary responsibility for ensuring compliance with this part, under penalty of perjury, that all information contained in the notification is true and correct to the best of that person’s knowledge and belief.

8. The percent of commercial businesses and the percent of the residential sector currently enrolled in organic waste collection services provided by the city.

C. If the city implements a performance-based source separated collection service, then, in the initial report to CalRecycle required in Section 14.06.13.010, the city shall certify that at least ninety percent of the city’s commercial businesses and ninety percent of the city’s residential sector are enrolled in a collection service that complies with the requirements of Section 14.06.17.010.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18998.3.

14.06.17.040 Recordkeeping.

If the city implements a performance-based source separated collection service pursuant to this part, the city shall maintain the following information and documents in the implementation record:

A. The geographical area each designee serves.

B. If a designee is used, a copy of the contract or agreement for each designee specifying the requirement that all haulers transport the source separated organic waste collection stream collected from generators subject to the city’s authority to a designated source separated organic waste facility.

C. Records indicating compliance with Section 14.06.17.010(A), including without limitation:

1. A current list of generator addresses subject to the city’s authority.

2. A current list of generator addresses subject to the city’s authority that are served with a performance-based source separated organic waste collection service.

3. A current list of generator addresses within the city that the city does not require to use the performance-based source separated organic waste collection service.

4. Documentation of the enrollment system used by the city consistent with Section 14.06.17.010(A)(4).

D. Even if the city implements a performance-based source separated collection service, the city is still required to maintain the following records specified in the following subsections of Section 14.06.14.020:

1. Section 14.06.14.020(F)(1).

2. Section 14.06.14.020(F)(2) and (6) as they pertain to the edible food recovery requirements of this chapter.

3. Section 14.06.14.020(F)(8), (9) and (10).

4. Section 14.06.14.020(F)(11), (12) and (13) as they pertain to the edible food recovery requirements of this chapter.

(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)

Regulatory Reference: SB 1383 (2016) and 14 CCR § 18998.4.