Chapter 8.72
ORGANIC WASTE DISPOSAL REDUCTION Revised 2/22
Sections:
8.72.010 Definitions. Revised 2/22
8.72.020 Requirements for single-family generators. Revised 2/22
8.72.030 Requirements for commercial businesses. Revised 2/22
8.72.040 Waivers for generators. Revised 2/22
8.72.050 Requirements for commercial edible food generators. Revised 2/22
8.72.060 Requirements for food recovery organizations and services. Revised 2/22
8.72.070 Requirements for haulers and facility operators. Revised 2/22
8.72.080 Self-hauler requirements. Revised 2/22
8.72.090 Inspections and investigations. Revised 2/22
8.72.100 Enforcement. Revised 2/22
8.72.010 Definitions. Revised 2/22
The following terms are defined for the purposes of this chapter:
“Blue container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container waste.
“CalRecycle” means the California Department of Resources Recycling and Recovery.
“CCR” means the state of California Code of Regulations.
“City” means the city of Winters, California.
“Collect” or “collection” means the act of collecting solid waste, recyclables, or organic waste at or near the place of generation or accumulation.
“Commercial” or “commercial business” means a business, industrial, commercial establishment, or construction site, and any multiple-family, residential dwelling with five units or more.
“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 (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).
“Compliance review” means a review of records by the city to determine compliance with this chapter.
“Container” means a cart, bin, roll-off, compactor or similar receptacle used to temporarily store solid waste, recyclables, or organic waste for collection service.
“Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“Designated source separated organic waste facility” shall have the same definition as in 14 CCR Section 18982(a)(14.5).
“Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). “Edible food” is not solid waste if it is recovered and not discarded.
“Enforcement action” means an action of the city to address noncompliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Enforcement officer” means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.
“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Health and Safety Code Section 113783;
2. A nonprofit charitable organization as defined in Health and Safety Code Section 113841; and
3. A nonprofit charitable temporary food facility as defined in Health and Safety Code Section 113842.
“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
“Food waste” means discarded raw, cooked, or processed edible substances, ices, beverages, ingredients used or intended for use or for sale, in whole or in part, for human consumption, and chewing gum. “Food waste” includes compostable plastics and is a subset of organic waste.
“Generator” means a person or entity that is responsible for the initial creation of waste.
“Gray container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.
“Gray container waste” means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of recyclables or organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
“Green container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
“Green waste” shall have the same meaning as in Section 8.04.010.
“Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“Hauler route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
“High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty (50) percent between January 1, 2022, and December 31, 2024, and seventy-five (75) percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5), or as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where the city reviews records, containers, and a person or entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
“Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) 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.
“Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. 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.
“Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Mixed waste organic collection stream” or “mixed waste” means organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
“Notice of violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
“Organic waste” or “organic materials” shall have the same meaning as in Section 8.04.010.
“Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
“Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the city’s green container and/or blue container; and (4) non-solid waste items placed in any container.
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
“Recyclables” or “recyclable materials” shall have the same meaning as in Section 8.04.010.
“Recycling” shall have the same meaning as in Section 8.04.010.
“Remote monitoring” means the use of the internet of things and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
“Residential” means any residential dwelling.
“Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), which established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 and 27 CCR.
“Self-hauler” means a person who hauls solid waste, recyclable materials, or organic waste he or she has generated to another person. “Self-hauler” also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-family” means of, from, or pertaining to any residential premises with fewer than five units.
“Solid waste” shall have the same meaning as in Section 8.04.010.
“Source separated blue container waste” means source separated wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).
“Source separated green container organic waste” means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container waste, carpets, noncompostable paper, and textiles.
“Source separating” or “source separation” means the process of removing recyclable materials and organic waste from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials and organic waste.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2. Hotel with an on-site food facility and two hundred (200) or more rooms.
3. Health facility with an on-site food facility and one hundred (100) or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7. A local education agency facility with an on-site food facility.
“Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76). (Ord. 2021-04 § 2 (Exh. B))
8.72.020 Requirements for single-family generators. Revised 2/22
A. Single-family organic waste generators shall comply with the following requirements:
1. Shall subscribe to the city’s organic waste collection services for all organic waste generated as described in subsection (A)(2) of this section. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.
2. Shall participate in the city’s three-container collection service(s) by placing designated materials in designated containers, and shall not place prohibited container contaminants in collection containers. Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and solid waste in the gray container, per city and collector guidelines. Generators shall not place materials designated for the gray container into the green container or blue container, materials designated for the green container into the blue or gray container, nor materials designated for the blue container into the green or gray container. (Ord. 2021-04 § 2 (Exh. B))
8.72.030 Requirements for commercial businesses. Revised 2/22
A. Generators that are commercial businesses, including multifamily residential dwellings, shall:
1. Subscribe to the city’s three-container collection services and comply with requirements of those services as described in subsection (A)(2) of this section. The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.
2. Participate in the city’s three-container collection service(s) by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container.
3. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (A)(4)(a) and (b) of this section) for employees, contractors, tenants, and customers, consistent with the city’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Sections 8.04.120 and 8.72.080.
4. Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
5. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (A)(4) of this section pursuant to 14 CCR Section 18984.9(b).
6. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with this section, or if recycling organic waste on site or self-hauling under Section 8.04.120 or 8.72.080 per the commercial business’s instructions to support its compliance with its on-site recycling or self-haul program.
7. Excluding multifamily residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
8. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
9. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
10. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 8.72.090 to confirm compliance with the requirements of this chapter.
11. Accommodate and cooperate with city’s remote monitoring program, if implemented, for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance with Section 8.72.020 and this section. The remote monitoring program may involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
12. If a commercial business wants to self-haul, meet the self-hauler requirements in Sections 8.04.120 and 8.72.080.
13. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.
14. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.72.050. (Ord. 2021-04 § 2 (Exh. B))
8.72.040 Waivers for generators. Revised 2/22
A. De Minimis Waivers. The city may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (A)(2) of this section. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (A)(2) of this section.
2. Provide documentation that either:
a. The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business’s total waste; or
b. The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business’s total waste.
3. Notify city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.
B. Physical Space Waivers. The city may waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements.
A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
C. Additional Waivers. The city may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The public works director or his or her designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.
D. Review and Approval of Waivers by City. Review and approval of waivers will be the responsibility of the public works director or his or her designee. (Ord. 2021-04 § 2 (Exh. B))
8.72.050 Requirements for commercial edible food generators. Revised 2/22
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
2. Allow the city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
3. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
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 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
d. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 285, Statutes of 2017. (Ord. 2021-04 § 2 (Exh. B))
8.72.060 Requirements for food recovery organizations and services. Revised 2/22
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
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 food recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of 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.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1st, July 1st, and September 1st annually.
D. In order to support edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter time frame is otherwise specified by the city. (Ord. 2021-04 § 2 (Exh. B))
8.72.070 Requirements for haulers and facility operators. Revised 2/22
A. Requirements for Haulers.
1. Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the city to collect organic waste:
a. Through written notice to the city annually on or before June 1st, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste.
b. Transport source separated recyclable materials or source separated green container organic waste, and mixed waste, to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris.
2. Haulers authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its permit or other agreement entered into with the city.
B. Requirements for Facility Operators and Community Composting Operations.
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty (60) days.
2. Community composting operators, upon the city’s request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty (60) days. (Ord. 2021-04 § 2 (Exh. B))
8.72.080 Self-hauler requirements. Revised 2/22
A. Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility.
B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
C. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
D. Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection (C) of this section to the city if requested.
E. A residential organic waste generator that self-hauls organic waste is not required to record information in subsection (C) of this section or report information in subsection (D) of this section. (Ord. 2021-04 § 2 (Exh. B))
8.72.090 Inspections and investigations. Revised 2/22
A. City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials, to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, self-haulers, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Section 8.72.030, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with remote monitoring pursuant to Section 8.72.030.
B. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation, is a violation of this chapter and may result in penalties described in Section 8.72.100.
C. Any records obtained by the city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. (Ord. 2021-04 § 2 (Exh. B))
8.72.100 Enforcement. Revised 2/22
A. The city may take enforcement actions, including the issuance of an administrative citation and assessment of a fine, against persons and entities for violating this chapter. The procedures in Chapter 19.10 shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
B. The city may take immediate enforcement actions against commercial businesses that are in violation of the commercial organic waste and recycling requirements of AB 341 and 1826, which were in place prior to the issuance of the SB 1383 regulations.
C. Education of SB 1383 Requirements.
1. Through December 31, 2023, the city or its designee may conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with the SB 1383 regulations and this chapter, and if city or its designee determines that an organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials and/or, for the purposes of edible food recovery, training to the entity describing its obligations under this chapter and a notice that compliance is required, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
2. The city manager or his or her designee shall work with the collector and other entities to conduct outreach and educate generators regarding compliance with the SB 1383 regulations and this chapter.
3. The city manager or his or her designee shall work with the collector to annually identify residences and commercial businesses subject to the SB 1383 regulations.
D. Beginning January 1, 2024, if the city or its designee determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with the SB 1383 regulations under this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
E. Prior to taking any enforcement action against a person, business, or entity for violating the SB 1383 regulations, the city shall first notify the person, business, or entity and provide an opportunity to correct the violation through the issuance of a notice of violation by a city enforcement officer. Notices shall be sent to the owner at the official address of the owner maintained by the tax collector for the city or, if no such address is available, to the owner at the address of the residential dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information. The notice shall state the person, business, or entity has sixty (60) days to correct the violation. The person, business, or entity shall be responsible for ensuring and demonstrating compliance with the requirements of the SB 1383 regulations, within the sixty (60) day time frame provided in the notification of violation. Failure to demonstrate compliance shall be cause for enforcement action and penalties.
F. The city or its designee may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
G. For incidences of prohibited container contaminants found in containers, city enforcement officer will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants. Notwithstanding the foregoing subsections, the city may issue administrative citations immediately for container contamination and failure to subscribe to collection service as required.
H. Penalty Amounts for Types of Violations. The penalty levels are as follows:
1. For a first violation, the amount of the base penalty shall be one hundred dollars ($100.00) per violation.
2. For a second violation, the amount of the base penalty shall be two hundred dollars ($200.00) per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be five hundred dollars ($500.00) per violation.
4. The penalties shall be consistent with Government Code Section 36900.
I. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Chapter 19.10.
J. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. (Ord. 2021-04 § 2 (Exh. B))