HomeMy WebLinkAboutOrdinance 653Title 6 PUBLIC SAFETY
Chapter 4 SOLID WASTE, RECYCLING, AND MANDATORY ORGANIC WASTE
DISPOSAL REDUCTION
6-4.101 Title
6-4.102 Definitions
6-4.103 Solid Waste, Recyclables, and Organic Waste Storage
6-4.104 Requirements for Single-Family Premises
6-4.105 Requirements for Multi-Family Residential Dwellings
6-4.106 Requirements for Commercial Businesses
6-4.107 Agricultural Byproducts and Exemptions
6-4.108 Waivers for Vacation Rentals, Multi-Family Premises, and Commercial Premises
6-4.109 Requirements for Commercial Edible Food Generators
6-4.110 Requirements for Food Recovery Organizations and Services
6-4.111 Requirements for Haulers and Facility Operators
6-4.112 Self-Hauler Requirements
6-4.113 Scavenging, Unlawful Dumping, and Public Nuisances Prohibited
6-4.114 Inspections and Investigations
6-4.115 Enforcement
6-4.101 Title.
This chapter shall be entitled “Solid Waste, Recycling, and Mandatory Organic Waste Disposal
Reduction”.
6-4.102 Definitions.
As used in this chapter, the following words and phrases shall have the meaning ascribed to them
in Government Code, commencing with Sections 66710 and 68010, or Health and Safety Code,
commencing with Section 25110, or Title 14 California Administrative Code, commencing with
Section 17725 unless from the context a different meaning is clearly apparent:
(a) “Alternative Daily Cover (ADC)” has the same meaning as in Section 20690 of Title 27 of
the California Code of Regulations.
(b) “Alternative Intermediate Cover (AIC)” has the same meaning as in Section 20700 of Title
27 of the California Code of Regulations.
(c) “Bulky Items” means discarded appliances (including refrigerators), furniture, carpets,
mattresses, Yard Trimmings and/or wood waste, and similar large items which can be
handled by two (2) people, weigh no more than two hundred (200) pounds, and require
special collection due to their size or nature, but can be collected without the assistance of
special loading equipment (such as forklifts or cranes) and without violating vehicle load
limits. Bulky Items must be generated by the customer and at the service address wherein the
Bulky Items are collected. Bulky Items do not include abandoned automobiles, large auto
parts, trees, construction and demolition debris, or items herein defined as Excluded Waste.
(d) “CalRecycle” means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on jurisdictions (and others).
(e) “California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this chapter are preceded with a number that refers to the
relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
(f) “City” means the City of Atascadero, a municipal corporation acting through its City
Council, and all the territory lying within the municipal boundaries of the City.
(g) “City Enforcement Official” means the City Manager or other executive in charge, or their
designee who is/are partially or fully responsible for enforcing this chapter.
(h) “Council” means the City of Atascadero City Council.
(i) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-
stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or
industrial facility.
(j) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined in this Section 6-4.102 or as otherwise defined in 14
CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery
Organizations and Food Recovery Services are not Commercial Edible Food Generators
pursuant to 14 CCR Section 18982(a)(7).
(k) “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 100 cubic yards
and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined
by 14 CCR Section 18982(a)(8).
(l) “Compliance Review” means a review of records by a City to determine compliance with
this chapter.
(m) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), (or any variation
thereof) includes a controlled biological decomposition of Organic Materials yielding a
safe and nuisance free Compost product.
(n) “Contractor” includes and means a person or entity to whom the City has granted the
privilege of collecting and disposing of solid waste, recyclable materials, and organic
materials produced within the limits of the City under the terms set out in this chapter, and
under the provisions of the contract agreement, organized and operating under the laws of
the State and its officers, directors, employees, agents, companies, related-parties,
affiliates, subsidiaries, and subcontractors.
(o) “Customer” means the Person whom Contractor submits its billing invoice to and collects
payment from for Collection services provided to a Premises. The Customer may be either
the Occupant or Owner of the Premises.
(p) “C&D” means construction and demolition debris.
(q) “Debris box” or “roll-off container” means any ten (10) to forty (40) cubic yard container,
or any compactor provided by a solid waste generator, placed in the public right-of-way,
on city property, private property, or elsewhere in the service area, which is procured by a
solid waste generator for their use in the collection of their solid waste. Debris boxes/roll-
off containers are serviced by means of lifting the entire container, including all contents,
onto a designated collection vehicle.
(r) “Designated Waste” means non-Hazardous Waste which may pose special Disposal
problems because of its potential to contaminate the environment, and which may be
Disposed of only in Class II Disposal sites or Class III Disposal sites pursuant to a variance
issued by the California Department of Health Services. Designated Waste consists of those
substances classified as Designated Waste by the State, in California Code of Regulations
Title 23, Section 2522 as may be amended from time to time.
(s) “Designee” means an entity that a City contracts with or otherwise arranges to carry out
any of the City’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2.
A Designee may be a government entity, a hauler, a private entity, or a combination of
those entities.
(t) “Discarded Materials” means Recyclable Materials, Organic Materials, and Solid Waste
placed by a Generator in a collection container and/or at a location for the purposes of
collection excluding Excluded Waste.
(u) “Edible Food” means food intended for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14
CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not
discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or
authorizes the Recovery of Edible Food that does not meet the food safety requirements of
the California Health and Safety Code, including the California Retail Food Code.
(v) “Enforcement Action" means an action of the City to address non-compliance with this
chapter including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies.
(w) “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste,
Designated Waste, volatile, corrosive, medical waste, infectious, regulated radioactive
waste, and toxic substances or material that facility operator(s), which receive materials
from the City and its Generators, reasonably believe(s) would, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law,
regulation, or this chapter, including: land use restrictions or conditions, waste that cannot
be disposed of in Class III landfills or accepted at the facility by permit conditions, waste
that in City, or its Designee’s reasonable opinion would present a significant risk to human
health or the environment, cause a nuisance or otherwise create or expose City, or its
Designee, to potential liability; but not including de minimis volumes or concentrations of
waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste
after implementation of programs for the safe collection, processing, recycling, treatment,
and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the
California Public Resources Code.
(x) “Food Distributor” means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section
18982(a)(22).
(y) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(z) “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).
(aa) “Food Recovery Organization” means an entity that engages in the collection or receipt of
Edible Food from Commercial Edible Food Generators and distributes that Edible Food to
the public for Food Recovery either directly or through other entities or as otherwise
defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and
Safety code; and,
(3) A nonprofit charitable temporary Food Facility as defined in Section 113842 of the
Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant
to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs
from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this
chapter.
(bb) “Food Recovery Service” means a person or entity that collects and transports Edible Food
from a Commercial Edible Food Generator to a Food Recovery Organization or other
entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A
Food Recovery Service is not a Commercial Edible Food Generator for the purposes of
this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
(cc) “Food Scraps” means those Discarded Materials that will decompose and/or putrefy
including: (i) all kitchen and table Food Waste; (ii) animal or vegetable waste that is
generated during or results from the storage, preparation, cooking or handling of food
stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable
trimmings, houseplant trimmings and other Compostable Organic Waste common to the
occupancy of Residential dwellings. Food Scraps are a subset of Food Waste. Food Scraps
excludes fats, oils, and grease when such materials are Source Separated from other Food
Scraps.
(dd) “Food Service Provider” means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on
contractual arrangements with these types of organizations, or as otherwise defined in 14
CCR Section 18982(a)(27).
(ee) “Food-Soiled Paper” is compostable paper material that has come in contact with Food
Scraps or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza
boxes.
(ff) “Food Waste” means Source Separated Food Scraps and Food-Soiled Paper.
(gg) “Generator” means a person or entity that is responsible for the initial creation of one or
more types of Discarded Materials.
(hh) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a
bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
(ii) “Hauler” means any person engaged in the collection, transportation or consolidation for
transportation of Solid Waste, Recyclable Materials, or Organic Materials in the City,
including those authorized collectors who engage in any such activities pursuant to an
agreement, permit or license issued by the City, known herein as the Contractor, as well as
self-haulers and the providers of temporary rental services of debris boxes or roll-off
containers who operate in compliance with this Chapter.
(jj) “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).
(kk) “Hazardous Substance” means any of the following: (a) any substances defined, regulated
or listed (directly or by reference) as "Hazardous Substances", "hazardous materials",
"Hazardous Wastes", "toxic waste", "pollutant", or "toxic substances", or similarly
identified as hazardous to human health or the environment, in or pursuant to: (i) the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of
1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act,
49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901
et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety
Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901
et seq.; and, (vii) California Water Code §13050; (b) any amendments, rules or regulations
promulgated thereunder to such enumerated statutes or acts currently existing or hereafter
enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or
pollutant identified as hazardous or toxic or regulated under any other Applicable Law
currently existing or hereinafter enacted, including, without limitation, friable asbestos,
polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and synthetic fuel products, and
by-products.
(ll) “Hazardous Waste” means all substances defined as Hazardous Waste, acutely Hazardous
Waste, or extremely Hazardous Waste by the State in Health and Safety Code §25110.02,
§25115, and §25117 or in the future amendments to or recodifications of such statutes or
identified and listed as solar panels from residential premises, and Hazardous Waste by the
U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource
Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto,
and all rules and regulations promulgated thereunder.
(mm) “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 50 percent between January
1, 2022 and December 31, 2024, and 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).
(nn) “Infectious Waste” means (a) equipment, instruments, utensils and other fomites of a
disposable nature from the rooms of patients who are suspected to have or have been
diagnosed as having a communicable disease and must, therefore, be isolated as required
by public health agencies; (b) laboratory wastes, including pathological specimens (i.e., all
tissues, specimens of blood elements, excreta and secretions obtained from patients or
laboratory animals) and disposable fomites (any substance that may harbor or transmit
pathogenic organisms) attendant thereto; and/or (c) surgical operating room pathologic
specimens - including recognizable anatomical parts, human tissue, anatomical human
remains and disposable materials from hospitals, clinics, outpatient areas, and emergency
rooms, as defined in 14 CCR Section 17225.36.
(oo) “Inspection” means a site visit where a City reviews records, containers, and an entity’s
collection, handling, recycling, or landfill disposal of Recyclable Materials, Organic
Waste, Solid Waste, or Edible Food handling to determine if the entity is complying with
requirements set forth in this chapter, or as otherwise defined in 14 CCR Section
18982(a)(35).
(pp) “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 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. If the definition
in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this chapter.
(qq) “Large Venue” means a permanent venue facility that annually seats or serves an average
of more than 2,000 individuals within the grounds of the facility per day of operation of
the venue facility. For purposes of this chapter and implementation of 14 CCR, Division
7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or
privately owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts
center, fairground, museum, theater, or other public attraction facility. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common
ownership or control that includes more than one Large Venue that is contiguous with other
Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section
18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
(rr) “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, recyclable materials, and organic materials, or as otherwise defined in 14 CCR
Section 18982(a)(40).
(ss) “Multi-Family Residential Dwelling” or “Multi-Family” or “MFD” means of, from, or
pertaining to residential Premises with five (5) or more dwelling units including such
Premises when combined in the same building with Commercial establishments, that
receive centralized, shared, Collection service for all units on the Premises which are billed
to one (1) Customer at one (1) address. Customers residing in Townhouses, mobile homes,
condominiums, or other structures with five (5) or more dwelling units who receive
individual service and are billed separately shall not be considered Multi-Family. Multi-
Family Premises do not include hotels, motels, or other transient occupancy facilities,
which are considered Commercial Businesses.
(tt) “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a
compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR
Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(uu) “Occupant” means the Person who occupies a Premises.
(vv) “Organic Materials” means Yard Trimmings and Food Waste, individually or collectively
that are set aside, handled, packaged, or offered for collection in a manner different from
Solid Waste for the purpose of processing. No Discarded Material shall be considered to
be Organic Materials, however, unless it is separated from Recyclable Material and Solid
Waste. Organic Materials are a subset of Organic Waste.
(ww) “Organic Materials Container” shall be used for the purpose of storage and collection of
Source Separated Organic Materials.
(xx) “Organic Waste” means wastes containing material originated from living organisms and
their metabolic waste products, including but not limited to food, green material, landscape
and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing
and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14
CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section
18982(a).
(yy) “Owner” means the Person(s) holding legal title to real property and/or any improvements
thereon and shall include the Person(s) listed on the latest equalized assessment roll of the
County Assessor.
(zz) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or
as otherwise defined in 14 CCR Section 18982(a)(51).
(aaa) “Printing and Writing Papers” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(bbb) “Premises” means and includes any land, building and/or structure, or portion thereof, in
the City where Discarded Materials are produced, generated, or accumulated. All structures
on the same legal parcel, which are owned by the same person shall be considered as one
Premises.
(ccc) “Prohibited Container Contaminants” means the following: (i) Discarded Materials placed
in the Recyclable Materials Container that are not identified as acceptable Source
Separated Recyclable Materials for the City’s Recyclable Materials Container; (ii)
Discarded Materials placed in the Organic Materials Container that are not identified as
acceptable Source Separated Organic Materials for the City’s Organic Materials Container;
(iii) Discarded Materials placed in the Solid Waste Container that are acceptable Source
Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in
City’s Organic Materials Container and/or Recyclable Materials Container; and, (iv)
Excluded Waste placed in any container.
(ddd) “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).
(eee) “Recyclable Materials” means those Discarded Materials that the Generators set out in
Recyclables Containers for Collection for the purpose of Recycling by the Service Provider
and that exclude Excluded Waste. No Discarded Materials shall be considered Recyclable
Materials unless such material is separated from Organic Materials and Solid Waste.
Recyclable Materials shall include, but not be limited to, newspaper, aluminum, tin and bi-
metal cans, clear and colored glass containers, plastic containers, corrugated cardboard,
Paper Products, Printing and Writing Papers, and motor oil and filters (which shall be
collected separate from the Recycling Container). For the purpose of collection of
Recyclable Materials through contractor’s collection services, recyclable materials shall be
limited to those materials identified by the collection contractor as acceptable recyclable
materials.
(fff) “Recyclable Materials Container” shall be used for the purpose of storage and collection of
Source Separated Recyclable Materials.
(ggg) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined
in 14 CCR Section 18982(a)(61).
(hhh) “Residential” shall mean of, from, or pertaining to Single-Family Premises or Multi-
Family Premises including Single-Family homes, apartments, condominiums, Townhouse
complexes, mobile home parks, and cooperative apartments.
(iii) “Responsible Party” means the Owner, property manager, tenant, lessee, Occupant, or
other designee that subscribes to and pays for Recyclable Materials, Organic Materials,
and/or Solid Waste collection services for a Premises in the City, or, if there is no such
subscriber, the Owner or property manager of a Single-Family Premises, Multi-Family
Premises, or Commercial Premises. In instances of dispute or uncertainty regarding who is
the Responsible Party for a Premises, Responsible Party shall mean the Owner of a Single-
Family Premises, Multi-Family Premises, or Commercial Premises.
(jjj) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks
for on-Premises or immediate consumption, or as otherwise defined in 14 CCR Section
18982(a)(64).
(kkk) “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).
(lll) “Rubble” includes and means all waste substances including garbage as well as
combustible and noncombustible wastes. (Ord. 56 § 6-4.01, 1982)
(mmm) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on S eptember 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.(mmm)“SB 1383
Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this chapter,
the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by
CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and
amended portions of regulations of 14 CCR and 27 CCR.
(nnn) “Self-Haul” means to act as a Self-Hauler.
(ooo) “Self-Hauler” means a person who hauls Solid Waste, Organic Waste, or Recyclable
Material they have generated to another person. Self-hauler also includes a landscaper, or
a person who back-hauls waste. Back-haul means generating and transporting Recyclable
Materials or Organic Waste to a destination owned and operated by the Generator or
Responsible Party using the Generator’s or Responsible Party’s own employees and
equipment.
(ppp) “Service Level” refers to the size of a Customer’s Container and the frequency of
Collection service.
(qqq) “Single-Family” or “SFD” refers to any detached or attached house or residence of four (4)
units or less designed or used for occupancy by one (1) family, provided that Collection
service feasibly can be provided to such Premises as an independent unit, and the Owner
or Occupant of such independent unit is billed directly for the Collection service. Single -
Family includes Townhouses, and each independent unit of duplex, tri-plex, or four-plex
Residential structures, regardless of whether each unit is separately billed for their specific
Service Level.
(rrr) “Solid Waste” has the same meaning as defined in State Public Resources Code Section
40191 (and in Ord. 56 § 6-4.01, 1982), which defines Solid Waste as all putrescible and
non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper,
rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles
and parts thereof, discarded home and industrial appliances, dewatered, treated, or
chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal
solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the
exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter
8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health
and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste
landfill, as defined in State Public Resources Code Section 40195.1. Medical waste
that has been treated and deemed to be Solid Waste shall be regulated pursuant to
Division 30 of the State Public Resources Code.
(4) Recyclable Materials, Organic Materials, and Construction and Demolition Debris
when such materials are Source Separated.
Notwithstanding any provision to the contrary, Solid Waste may include de minimis
volumes or concentrations of waste of a type and amount normally found in Residential
Solid Waste after implementation of programs for the safe Collection, Recycling,
treatment, and disposal of household hazardous waste in compliance with Section 41500
and 41802 of the California Public Resources Code as may be amended from time to time.
Solid Waste includes salvageable materials only when such materials are included for
Collection in a Solid Waste Container, not Source Separated from Solid Waste at the site
of generation.
(sss) “Solid Waste Container” shall be used for the purpose of storage and collection of Solid
Waste, excluding Prohibited Container Contaminants.
(ttt) “Source Separated” or “Source-Separated (materials)” means materials, including
commingled Recyclable Materials and Organic Materials, that have been separated or kept
separate from the Solid Waste stream, at the point of generation, for the purpose of
additional sorting or processing of those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products, which meet the quality standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes
of the chapter, Source Separated shall include separation of materials by the Generator,
Responsible Party, or Responsible Party’s employee, into different containers for the
purpose of collection such that Source-Separated materials are separated from Solid Waste
for the purposes of collection and processing.
(uuu) “Source Separated Organic Materials” means Organic Materials that are Source Separated
and placed in an Organic Materials Container.
(vvv) “Source Separated Recyclable Materials” means Recyclable Materials that are Source
Separated and placed in a Recyclable Materials Container.
(www) “State” means the State of California.
(xxx) “Supermarket” means a full-line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), 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).
(yyy) “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 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73)
shall apply to this chapter.
(zzz) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms.
(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size
equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74)
shall apply to this chapter.
(aaaa) “Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000)
standard pounds where each pound contains sixteen (16) ounces.
(bbbb) “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, and prepared for distribution to a retailer, warehouse, distributor, or other
destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
(cccc) “Yard Trimmings” means those Discarded Materials that will decompose and/or putrefy,
including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches,
dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated
wood. Yard Trimmings does not include items herein defined as Excluded Waste. Yard
Trimmings are a subset of Organic Materials. Acceptable Yard Trimmings may be added
to or removed from this list from time to time by mutual consent or at the sole discretion
of the City.
6-4.103 Solid Waste, Recyclables, and Organic Waste Storage and Collection
(a) The owner, occupant, or operator of any premises, business establishment, or other
property, vacant or occupied, shall be responsible for the safe and sanitary storage of all
solid waste, recyclable materials, and organic materials accumulated on the property. The
property shall be free of excessive amounts of solid waste, recyclable materials, and
organic materials, and litter except that manure, wood, leaves, soil, or gravel may be
accumulated, providing that no public or private nuisance is created.
(b) To protect public health, safety, and well-being and to prevent the contamination of solid
waste, recyclable materials, and organic materials, no person shall place waste in or
otherwise use the solid waste, recyclable materials, and organic materials container of
another, without the prior written permission of such other person.
(c) No person maintaining any premises where any type of solid waste, recyclable material, or
organic material is created, accumulated, or produced shall fail or neglect to procure and
utilize a container or containers (in required numbers) as specified in subdivisions (1)-(5)
of this subsection:
(1) The Contractor shall maintain its solid waste, recyclable materials, and organic
materials containers within the City in a manner to protect public health and safety
and prevent the spread of vectors. No person shall place for collection any solid
waste, recyclable materials, or organic materials container not in conformance with
the container(s) designated by the Contractor providing collection services.
(2) All solid waste, recyclable materials, and organic materials created, accumulated,
or produced on the premises are to be stored in watertight, impervious containers
having close-fitting lids and shall be constructed of substantial, nonabsorbent
materials.
(3) All solid waste, recyclable materials, and organic materials are to be stored in
containers which are sufficient in size and number to hold all such waste without
spilling or causing litter or a nuisance, all the waste that a household or other
establishment generates within the designated removal period.
(4) The Contractor shall maintain its solid waste, recyclable materials, and organic
materials containers in the City free from any exterior paint or markings commonly
referred to as “graffiti” or “tagging.”
(5) Nothing in this chapter shall prevent an owner and/or occupant of a premises from
self-hauling to a solid waste facility, in conformance with Section 6-4.112 of this
chapter, or from utilizing a temporary debris box or roll-off container service. The
exclusive rights of the Contractor shall not mean that debris box or roll-off
container service for construction and temporary cleanup purposes cannot be
provided by persons other than the designated authorized collector.
(d) Collection of Solid Waste, Recyclable Materials, or Organic Materials without Waste
Management Franchise or Continuation Rights Prohibited.
(1) To protect public health, safety, and well-being, no person except a City
employee or the Contractor with a waste management franchise or continuation
rights recognized by the City, or a person authorized under Section 6-4.112 of this
chapter (Self-Haulers), or a licensed contractor performing work within the scope
of that contractor’s license, or a provider of temporary debris box or roll-off
container rental services, shall collect or remove any solid waste, recyclable
materials, or organic materials from any premises within the City.
(2) No person other than a Contractor which has a waste management franchise
issued by the City or a Contractor with continuation rights recognized by the City,
or a licensed contractor performing work within the scope of that contractor’s
license, or a provider of temporary debris box or roll-off container rental services,
shall place a container for the accumulation of solid waste, recyclable materials,
or organic materials at any premises within the City or collect any waste from any
premises or permit or suffer a solid waste, recyclable materials, and organic
materials container to remain in any place within the City.
(e) Location of Solid Waste, Recyclable Materials, and Organic Materials Containers.
(1) During the hours for collection designated in subsection (2) of this Section,
residential solid waste, recyclable materials, and organic materials containers shall
be placed at the collection location designated by the Contractor holding the
residential waste management franchise and shall be placed in a manner accessible
for automated pickup. Except during the time a container is placed for collection,
residential containers shall not be visible from the public right-of-way. Commercial
bins shall be accessible to the Contractor providing collection services at that
location.
(2) Solid waste, recyclable materials, and organic materials containers, such as
residential containers, that are moved to a collection point to facilitate collection
shall not be placed adjacent to the street for pickup more than twenty-four (24)
hours prior to pickup time, and such containers shall be removed within the twelve
(12) hour period following pickup.
(3) Each solid waste, recyclable materials, and organic materials container provided by
the owner, manager, or person in possession, charge, or control of any residential,
commercial, or industrial buildings, complexes, developments, and projects, and
every person occupying a dwelling within the City, shall be kept or placed entirely
above ground level at a location which is convenient for access by collection
personnel during the time for collection, as set forth in subdivisions (1) and (2) of
this subsection.
(4) To minimize interference with public rights-of-way, no person shall place a
container or any Bulky Items adjacent to a street or public right-of-way for
collection service before the day preceding the regularly scheduled collection day.
Bulky Items may not be set out for collection unless the person in charge of day-
to-day operations of the premises has made prior arrangements with a Contractor
approved by the City for pickup of the Bulky Items.
(5) No container may be placed in any public right-of-way unless an encroachment
permit authorizing the placement has been issued by the City, except during
service/collection times in subsection (2) above. A bin, construction and demolition
material bin, debris box or roll-off container may be placed on private property,
visible to the public for temporary periods.
(6) Containers shall be placed on the premises as follows:
(A) Where pickup is by human labor approaching from the street, the
container(s) shall be placed adjacent to the street from where the collector
enters the property. Provisions shall be made for easy access, with no
obstacles. Where walk-ins are required, proportionately higher rates may be
set.
(B) Where pickup is by collection vehicle, the container(s) shall be located in a
waste storage area.
(f) Requirements for Waste Storage Area.
(1) Property owners must provide each individual dwelling unit or occupancy with an
individual or centralized waste storage area where solid waste, recyclable materials,
and organic materials can be deposited and stored for later removal from the
premises.
(g) Commercial requirements
(1) No Contractor shall place a commercial bin, construction and demolition material
bin, roll-off or debris box, or any container other than residential solid waste,
recyclable materials, and organic materials containers, at any location within the
City unless the container is clearly marked with the name, address, and telephone
number of the owner of the container and a unique container number. The
identification shall be waterproof and legible.
(2) The City may require that commercial bins be stored in a bin enclosure with
adequate space to accommodate containers for solid waste, recyclable materials,
and organic materials containers. All new enclosures are subject to inspection by
the City. Enclosures must be located in places convenient for the removal of the
containers for collection. Enclosures, including gates and gate hardware, must be
maintained in good working condition and readily accessible by the Contractor.
(h) Use of Civic Litter Containers. To protect public health, safety, and well-being, no person
shall place or deposit residential, institutional, commercial, industrial, special, sharps, e-
waste, universal, or other hazardous waste in any civic litter container.
(i) Burning of Organic Waste Materials. To protect public health, safety, and well-being, no
person shall burn any waste within the City, except organic waste materials on approved
burn days using controlled burn piles, in compliance with all applicable permit and other
regulations of air pollution control authorities and provided any such act of burning in all
respects complies with all other laws, rules, and regulations.
6-4.104 Requirements for Single-Family Premises
(a) Responsible Parties of Single-Family Premises shall provide or arrange for Recyclable
Materials, Organic Materials, and Solid Waste collection services consistent with this
chapter. Responsible Parties of Single-Family Premises may receive waivers pursuant to
Section 6-4.108 for some requirements of this Section.
(b) Except Responsible Parties of Single-Family Premises that meet the Self-Hauler
requirements in Section 6-4.112 of this chapter, Responsible Parties of Single-Family
Premises shall comply with the following requirements:
(1) Subscribe to and pay for City’s three or more-container collection services for
weekly collection of Recyclable Materials, Organic Materials, and Solid Waste
generated by the Single-Family Premises and comply with requirements of those
services as described below in subsection 2(A). City and its Designee(s) shall have
the right to review the number and size of a Generator’s containers to evaluate
adequacy of capacity provided for each type of collection service for proper
separation of materials and containment of materials. The Responsible Parties for
Single-Family Premises shall adjust their Service Level for their collection services
as requested by the City.
(2) Participate in the City’s three or more-container collection service(s) in the manner
described below.
(A) Place, or, if Responsible Party is not an occupant of the Single-Family
Premises, direct its Generators to place, Source Separated Organic
Materials, including Food Waste, in the Organic Materials Container;
Source Separated Recyclable Materials in the Recyclable Materials
Container; and Solid Waste in the Solid Waste Container.
(B) Not place, or, if Responsible Party is not an occupant of the Single-Family
Premises, direct its Generators to not place Prohibited Container
Contaminants in collection containers and not place materials designated
for the Organic Materials Containers or Recyclable Materials Containers in
the Solid Waste Containers.
(c) Nothing in this Section prohibits a Responsible Party or Generator of a Single-Family
Premises from preventing or reducing Discarded Materials generation, managing Organic
Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
6-4.105 Requirements for Multi-Family Residential Dwellings
(a) Responsible Parties of Multi-Family Premises shall provide or arrange for Recyclable
Materials, Organic Materials, and Solid Waste collection services consistent with this
chapter and for employees, contractors, and tenants. Responsible Parties of Multi-Family
Premises may receive waivers pursuant to Section 6-4.108 for some requirements of this
Section.
(b) Except for Responsible Parties of Multi-Family Premises that meet the Self-Hauler
requirements in Section 6-4.112 of this chapter, including hauling services arranged
through a landscaper, Responsible Parties of Multi-Family Premises shall:
(1) Subscribe to and pay for City’s three or more-container collection services and
comply with requirements of those services for all Recyclable Materials, Organic
Materials, and Solid Waste generated at the Multi-Family Premises as further
described below in this Section. City and its Designee(s) shall have the right to
review the number and size of the Multi-Family Premises’ collection containers
and frequency of collection to evaluate adequacy of capacity provided for each type
of collection service for proper separation of materials and containment of
materials. The Responsible Party of a Multi-Family Premises shall adjust their
Service Level for their collection services as requested by the City or its Designee.
(2) Participate in the City’s three or more-container collection service(s) for at least
weekly collection of Recyclable Materials, Organic Materials, and Solid Waste in
the manner described below.
(A) Place and/or direct its Generators to place Source Separated Organic
Materials, including Food Waste, in the Organic Materials Container;
Source Separated Recyclable Materials in the Recyclable Materials
Container; and Solid Waste in the Solid Waste Container.
(B) Not place and/or direct its Generators to not place Prohibited Container
Contaminants in collection containers and to not place materials designated
for the Organic Materials Containers or Recyclable Materials Containers in
the Solid Waste Containers.
(3) Supply and allow access to adequate number, size, and location of collection
containers with sufficient labels or colors for employees, contractors, tenants, and
customers, consistent with City’s Recyclable Materials Container, Organic
Materials Container, and Solid Waste Container collection service or, if Self-
Hauling, consistent with the Multi-Family Premises’ approach to complying with
Self-Hauler requirements in Section 6-4.112 of this chapter.
(4) Annually provide information to employees, contractors, tenants, and customers
about Recyclable Materials and Organic Waste Recovery requirements and about
proper sorting of Recyclable Materials, Organic Materials, and Solid Waste.
(5) Provide education information before or within fourteen (14) days of occupation of
the Premises to new tenants that describes requirements to Source Separate
Recyclable Materials and Organic Materials and to keep Source Separated Organic
Materials and Source Separated Recyclable Materials separate from each other and
from Solid Waste (when applicable) and the location of containers and the rules
governing their use at each property.
(6) Provide or arrange access for City and/or its Designee(s) to their properties during
all Inspections conducted in accordance with this chapter to confirm compliance
with the requirements of this chapter.
(c) If the Responsible Party of a Multi-Family Premises wants to Self-Haul, they must meet
the Self-Hauler requirements in Section 6-4.112 of this chapter.
(d) Multi-family Premises that generate two (2) cubic yards or more of total Solid Waste,
Recyclable Materials, and Organic Materials per week (or other threshold defined by the
State) that arrange for gardening or landscaping services shall require that the contract or
work agreement between the Owner, Occupant, or operator of a Multi-Family Premises
and a gardening or landscaping service specifies that the designated organic materials
generated by those services be managed in compliance with this chapter.
(e) Nothing in this Section prohibits a Responsible Party or Generator of a Multi-Family
Premises from preventing or reducing Discarded Materials generation, managing Organic
Waste on site, or using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
6-4.106 Requirements for Commercial Businesses
(a) Responsible Parties of Commercial Businesses shall provide or arrange for Recyclable
Materials, Organic Materials, and Solid Waste collection services consistent with this
chapter and for employees, contractors, tenants, and customers. Responsible Parties of
Commercial Premises may receive waivers pursuant to Section 6-4.108 for some
requirements of this Section.
(b) Except Responsible Parties of Commercial Businesses that meet the Self-Hauler
requirements in Section 6-4.112 of this chapter, including hauling services arranged
through a landscaper, Responsible Parties of Commercial Premises shall:
(1) Subscribe to and pay for City’s three or more-container collection services and
comply with requirements of those services for all Recyclable Materials, Organic
Materials, and Solid Waste generated at the Commercial Premises as further
described below in this Section. City and its Designee(s) shall have the right to
review the number and size of a Commercial Premises’ containers and frequency
of collection to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials. The
Responsible Party of the Commercial Business shall adjust their Service Level for
their collection services as requested by the City or its Designee.
(2) Participate in the City’s three or more-container collection service(s) for at least
weekly collection of Recyclable Materials, Organic Materials, and Solid Waste in
the manner described below.
(A) Place and/or direct its Generators to place Source Separated Organic
Materials, including Food Waste, in the Organic Materials Container;
Source Separated Recyclable Materials in the Recyclable Materials
Container; and Solid Waste in the Solid Waste Container.
(B) Not place and/or direct its Generators to not place Prohibited Container
Contaminants in collection containers and to not place materials designated
for the Organic Materials Containers or Recyclable Materials Containers in
the Solid Waste Containers.
(3) Supply and allow access to adequate number, size, and location of collection
containers with sufficient labels or colors (conforming with Sections 7(b)(4)(A))
and 7(b)(4)(B) below) for employees, contractors, tenants, and customers,
consistent with City‘s Recyclable Materials Container, Organic Materials
Container, and Solid Waste Container collection service or, if Self-Hauling,
consistent with the Commercial Premises’ approach to complying with Self-Hauler
requirements in Section 6-4.112 of this chapter.
(4) Provide containers for customers for the collection of Source Separated Recyclable
Materials and Source Separated Organic Materials in all indoor and outdoor areas
where Solid Waste containers are provided for customers, for materials generated
by that Commercial Business. Such containers shall be visible and easily accessible.
Such containers do not need to be provided in restrooms. If a Commercial Business
does not generate any of the materials that would be collected in one type of
container, as demonstrated through an approved de minimis waiver per Section 6-
4.108(a), then the Responsible Party of the Commercial Business does not have to
provide that particular container in all areas where Solid Waste containers are
provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers
provided by the Responsible Party of the Commercial Business shall have either:
(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. The Responsible Party of the
Commercial Business is not required to replace functional containers that
do not comply with the requirements of this subsection prior to whichever
of the following comes first: (i) the end of the useful life of those containers,
or (ii) January 1, 2036; or
(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 14 CCR Section 18984.8, the container labeling
requirements are required on new containers commencing January 1, 2022.
(5) To the extent practical through education, training, inspection, and/or other
measures, prohibit employees from placing materials in a container not designated
for those materials per the City’s Recyclable Materials Container, Organic
Materials Container, and Solid Waste collection service or, if Self-Hauling, per the
instructions of the Commercial Business’s Responsible Party to support its
compliance with Self-Hauler requirements in Section 6-4.112 of this chapter.
(6) Periodically inspect Recyclable Materials Containers, Organic Materials
Containers, and Solid Waste Containers for contamination and inform employees
if containers are contaminated and of the requirements to keep contaminants out of
those containers pursuant to 14 CCR Section 18984.9(b)(3).
(7) Annually provide information to employees, contractors, tenants, and customers
about Recyclable Materials and Organic Waste Recovery requirements and about
proper sorting of Recyclable Materials, Organic Materials, and Solid Waste.
(8) Provide education information before or within fourteen (14) days of occupation of
the Premises to new tenants that describes requirements to Source Separate
Recyclable Materials and Organic Materials and to keep Source Separated Organic
Materials and Source Separated Recyclable Materials separate from each other and
from other Solid Waste (when applicable) and the location of containers and the
rules governing their use at each property.
(9) Provide or arrange access for City or its Designee to their properties during all
Inspections conducted in accordance with this chapter to confirm compliance with
the requirements of this chapter.
(c) If the Responsible Party of a Commercial Business wants to Self -Haul, meet the Self-
Hauler requirements in Section 6-4.112 of this chapter.
(d) Nothing in this Section prohibits a Responsible Party or a Generator of a Commercial
Business from preventing or reducing Discarded Materials generation, managing Organic
Waste on site, or using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
(e) Responsible Parties of Commercial Businesses that are Tier One or Tier Two Commercial
Edible Food Generators shall comply with Food Recovery requirements, pursuant to
Section 6-4.110 of this chapter.
6-4.107 Agricultural Byproducts and Exemptions
(a) Culled fruits and vegetables which cannot be used for animal feed, returned to soil, or
donated shall be placed in an organic materials collection bin or container or disposed of
only in an organic waste processing facility.
(b) Organic materials may be fed to animals on the premises where such organic materials are
produced, provided that the premises are always kept in a sanitary condition to the
satisfaction of the City Manager or their Designee; and provided further that the keeping
and feeding of such animals shall at all times conform to the applicable regulations of those
entities governing the same now in force or which thereafter may be enacted or
promulgated.
(c) Agricultural byproducts or wastes not of plant or animal origin, such as nonhazardous
packaging, plastic film, or shop wastes, shall be disposed of as solid waste or recycling.
(d) Notwithstanding the provisions of Sections 6-4.104, 6-4.105 and 6-4.106 above:
(1) The occupant of any private property may allow swill to be accumulated, stored,
disposed of, or used for stock feeding on the premises, as long as such swill is not
permitted to become a nuisance due to the breeding or attraction of flies or rodents,
or from odors, or to create a hazard to the public health, safety, or welfare. Any
such agricultural operations shall comply with the Agricultural Solid Waste
Management Standards, Title 14, California Administrative Code, commencing
with Section 17801.
(2) The occupant of a ranch or farm may accumulate manure, wood, leaves, soil, and
gravel on the property, but he or she may not allow any other person to use his or
her property for the disposal of other types of waste.
(3) The provisions of this chapter shall not be interpreted to prevent the maintenance
of a compost pile on private property, so long as it does not become a public or
private nuisance.
(e) Nothing in this Section prohibits a Responsible Party or a Generator of a Residential
premises, Multi-Family premises or Commercial Business from preventing or reducing
Discarded Materials generation, managing Organic Waste on site, or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
6-4.108 Waivers for Vacation Rentals, Multi-Family Premises, and Commercial Premises
(a) De Minimis Waivers for Vacation Rentals, Multi-Family Premises, and Commercial
Premises. The City’s Designee, or the City if there is no Designee, may waive a
Responsible Party’s obligation to comply with some or all Recyclable Materials and
Organic Waste requirements of this chapter if the Responsible Party of the Vacation Rental,
Commercial Business, or Multi-Family Premises provides documentation that the Vacation
Rental, Commercial Business, or Multi-Family Premises meets one of the criteria in
subsections (1) and (2) below. For the purposes of subsections (1) and (2), the total Solid
Waste shall be the sum of weekly container capacity measured in cubic yards for Solid
Waste, Recyclable Materials, and Organic Materials collection service. Hauling through
paper shredding service providers or other incidental services may be considered in
granting a de minimis waiver.
(1) The Vacation Rental’s, Commercial Business’s, or Multi-Family Premises’ total
Solid Waste collection service is two (2) cubic yards or more per week and
Recyclable Materials and Organic Materials subject to collection in Recyclable
Materials Container(s) or Organic Materials Container(s) comprises less than
twenty (20) gallons per week per applicable material stream of the Vacation
Rental’s, Multi-family Premises’, or Commercial Business’s total waste (i.e.,
Recyclable Materials in the Recyclable Materials stream are less than twenty (20)
gallons per week or Organic Materials in the Organic Materials stream are less than
twenty (20) gallons per week); or,
(2) The Vacation Rental’s, Commercial Business’s, or Multi-Family Premises’ total
Solid Waste collection service is less than two (2) cubic yards per week and
Recyclable Materials and Organic Materials subject to collection in a Recyclable
Materials Container(s) or Organic Materials Container(s) comprises less than ten
(10) gallons per week per applicable material stream of the Vacation Rental’s,
Multi-family Premises’, or Commercial Business’s total waste (i.e., Recyclable
Materials in the Recyclable Materials stream are less than ten (10) gallons per week
or Organic Materials in the Organic Materials stream are less than ten (10) gallons
per week).
(b) Physical Space Waivers. The City’s Designee, or the City if there is no Designee, may
waive a Vacation Rental’s, Commercial Business’s, or Multi-Family Premises’ obligation
to comply with some or all of the Recyclable Materials and/or Organic Materials collection
service requirements if the City or its Designee has evidence from its own staff, a hauler,
licensed architect, or licensed engineer demonstrating that the Premises lacks adequa te
space for Recyclable Materials Containers and/or Organic Materials Containers required
for compliance with the Recyclable Materials and Organic Materials collection
requirements of Sections 6-4.104, 6-4.105 or 6-4.106 as applicable.
(c) Review and Approval of Waivers. Waivers shall be granted to Responsible Parties by the
City Designee, or the City if there is no Designee, according to the following process:
(1) Responsible Parties of Premises seeking waivers shall submit a completed
application form to the City’s Designee, or the City if there is no Designee, for a
waiver specifying the waiver type requested, type(s) of collection services for
which they are requesting a waiver, the reason(s) for such waiver, and
documentation supporting such request.
(2) Upon waiver approval, the City Designee, or the City if there is no Designee, shall
specify that the waiver is valid for the following duration:
(i) For Commercial Premises, five (5) years, or if property ownership changes, or
if occupancy changes, whichever occurs first.
(ii) For Multi-Family Premises, five (5) years, or if property ownership changes, or
if the property manager changes, whichever occurs first.
(iii) For Vacation Rentals, five (5) years, or if property ownership changes, or if
property manager changes, whichever occurs first.
(3) Waiver holder shall notify City’s Designee, or the City if there is no Designee, if
circumstances change such that Vacation Rental’s, Commercial Business’s, or
Multi-Family Premises’ may no longer qualify for the waiver granted, in which
case waiver will be rescinded.
(4) Any waiver holder must cooperate with the City and/or its Designee for any on-site
assessment of the appropriateness of the waiver.
(5) Waiver holder shall reapply to the City’s Designee, or the City if there is no
Designee, for a waiver upon the expiration of the waiver period and shall submit
any required documentation, and/or fees/payments as required by the City and/or
its Designee. Failure to submit a completed application shall equate to an automatic
denial of said application.
(6) The City’s Designee, or the City if there is no Designee, may revoke a waiver upon
a determination that any of the circumstances justifying a waiver are no longer
applicable.
(7) If the City’s Designee does not approve a waiver application or revokes a waiver,
the City may appeal the decision for additional review by the Designee. The City
may also, after meeting and conferring with the Designee, direct the Designee to
approve the waiver application and/or repeal the revocation of the waiver.
6-4.109 Requirements for Commercial Edible Food Generators
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this
Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators
must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food
to be provided by others, 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) Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed. Food that is donated shall be free from adulteration, spoilage, and meet
the food safety standards of the California Health and Safety Code. Food cannot be
donated if it is not in compliance with the food safety standards of the Cali fornia
Health and Safety Code, including food that is returned by a customer, has been
served or sold and in the possession of a consumer, or is the subject of a recall.
(2) Contract with or enter into a written agreement with Food Recovery Organizations
or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery;
or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator
Self-Hauls to the Food Recovery Organization for Food Recovery.
(3) Not intentionally spoil Edible Food that is capable of being recovered by a Food
Recovery Organization or a Food Recovery Service.
(4) Allow 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.
(5) 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.
(6) Maintain records required by this Section for five (5) years.
(7) No later than January 31 of each year commencing no later than January 31, 2023
for Tier One Commercial Edible Food Generators and January 31, 2025 for Tier
Two Commercial Edible Food Generators, provide an annual Food Recovery report
to the City or its Designee that includes the following information:
(i) The amount, in pounds, of edible food donated to a Food Recovery
Service or Food Recovery Organization annually;
(ii) The amount, in pounds of edible food rejected by a Food Recovery
Service or Food Recovery Organization annually; and
(iii) Any additional information required by the City Manager or their
Designee.
(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 of 2017
(approved by the Governor of the State of California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title
2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
relating to food safety, as amended, supplemented, superseded and replaced from time to
time).
6-4.110 Requirements for Food Recovery Organizations and Services
(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) Maintain records required by this Section for five (5) years.
(d) 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 and the City’s Designee, if applicable, 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). The annual report shall be submitted to the
City, County, and/or the City’s Designee, if applicable, no later than January 31 of each
year.
(e) In order to support Edible Food Recovery capacity planning assessments or other studies
conducted by the City that provides solid waste, recyclable materials, and organic materials
collection services, or its designated entity, Food Recovery Services and Food Recovery
Organizations operating in the City shall provide information and consultation to the City
and City’s Designee, if applicable, 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 and/or its Designee shall respond to such request for information
within 60 days, unless a shorter timeframe is otherwise specified b y the City.
(f) 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 shall include language in all agreements with
Tier 1 and Tier 2 edible food generators located in the City identifying and describing the
California Good Samaritan Act of 2017.
(g) Nothing in this chapter prohibits a Food Recovery Organization or Food Recovery
Service from refusing to accept Edible Food from a Commercial Edible Food Generator.
6-4.111 Requirements for Haulers and Facility Operators
(a) Requirements for Haulers
(1) Franchise hauler(s) providing Recyclable Materials, Organic Waste, and/or Solid
Waste collection services to Generators within the City’s boundaries shall meet the
following requirements and standards as a condition of approval of its contract,
agreement, permit, or other authorization with the City to collect Recyclable
Materials, Organic Materials, and/or Solid Waste:
(A) Through written notice to the City annually on or before October 1 of each
year for the following calendar year, identify the facilities to which they will
transport Discarded Materials, including facilities for Source Separated
Recyclable Materials, Source Separated Organic Materials, and Solid Waste
unless otherwise stated in the franchise agreement, contract, permit, or
license, or other authorization with the City.
(B) Transport Source Separated Recyclable Materials to a facility that recovers
those materials; transport Source Separated Organic Materials to a facility,
operation, activity, or property that recovers Organic Waste as defined in
14 CCR, Division 7, Chapter 12, Article 2; transport Solid Waste to a
disposal facility or transfer facility or operation that processes or disposes
of Solid Waste; and transport manure to a facility that manages manure in
conformance with 14 CCR Article 12 and such that the manure is not
landfilled, used as Alternative Daily Cover (ADC), or used as Alternative
Intermediate Cover (AIC).
(C) Obtain approval from the City to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community Composting
site or lawfully transporting C&D in a manner that complies with 14 CCR
Section 18989.1 and Section 6-4.112 of this Chapter.
(2) Franchise hauler(s) authorized to collect Recyclable Materials, Organic Materials,
and/or Solid Waste shall comply with education, equipment, signage, container
labeling, container color, contamination monitoring, reporting, and other
requirements contained within its franchise agreement, permit, or other agreement
entered into with City.
(3) To preserve peace and quiet, no solid waste, recyclable materials, or organic waste
of any kind shall be collected from or within two hundred (200) feet of residential
premises between 5:00 P.M. and 6:00 A.M. on any day. All collections shall be
made as quietly as possible, without unnecessary noise, disturbance, or commotion.
(4) All waste materials collected shall be transported in collection equipment, so
constructed and so loaded that there will not be any leakage or dropping of waste
materials therefrom. Such materials, when placed in any collection equipment and
during its passage to its destination, shall be suitably enclosed so as to prevent
spillage. Collection equipment shall be uniformly painted and numbered, and
temporary debris boxes or roll-off containers shall be clearly marked with the rental
company’s name and phone number.
(5) Haulers shall be responsible for ensuring all containers are covered or enclosed
during transportation to a recycling or disposal facility, and that materials are
loaded such that none shall fall, drop, or spill upon the ground. Hauler shall be
responsible for ensuring that all waste in collection vehicles is not littered during
transport and is required to pick up litter generated from all collection and hauling
operations.
(6) Haulers shall be responsible for the general repair and upkeep of any containers
that it furnishes to customers and shall maintain such containers in a sanitary non-
leaking condition. Containers shall be labeled with the type(s) of material(s) to be
placed therein, and labels shall be placed on each container or lid provided to
customers and must specify which materials are acceptable and unacceptable in the
container in written or graphic form. Haulers and customers shall be responsible
for furnishing containers of sufficient size to adequately contain all of the material
generated between collection periods.
(7) All waste materials collected by a Hauler shall become the property of the Hauler
immediately upon the collection thereof and shall immediately be removed and
conveyed to a legally permitted facility for disposal of solid waste or for processing
of recyclable materials or organic materials.
(8) Haulers shall provide adequate number of vehicles and equipment for performing
collection services which shall be kept clean on the inside and out, be in good repair,
free of damage, and shall be in compliance with all safety standards. Haulers shall
provide suitable operational and safety training for any employees who utilize or
operate vehicles or equipment for collection of solid waste, rec yclable materials, or
organic waste, or who are otherwise directly involved in such collection.
(9) It is unlawful for any person to collect, haul, or transport for hire Solid Waste,
Recyclable Materials, and Organic Materials on any roadway within the City unless
there is in force, with respect to such person, a contract with the City to engage in
such occupation, as provided in this chapter, with the exception of providers of
temporary rental services for debris boxes or roll-off containers, who shall comply
with the other provisions of this Section and all other requirements for collection
and transportation of Solid Waste, Recyclable Materials, and Organic Materials.
(10) The provisions of this Section shall not apply to persons or business establishments
self-hauling household, industrial, or commercial waste or residue from their own
premises; however, those exempt from the requirements of this Section shall not
create a public or private nuisance and shall comply with all other requirements for
collection and transportation of solid waste, recyclable materials, and organic
materials, including self-hauler requirements noted in Section 6-4.112.
(11) Haulers shall perform all collection, transportation, and processing/disposal
operations in accordance with applicable federal, state, and local laws, and in
accordance with all regulations promulgated under such laws, and in accordance
with the terms and conditions of this Chapter.
(b) Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities located in the City’s boundaries that
recover Organic Waste, including, but not limited to, Compost facilities, in -vessel
digestion facilities, and publicly-owned treatment works shall, upon City request,
provide information regarding available and potential new or expanded capacity at
their facilities, operations, and activities, including information about throughput
and permitted capacity necessary for planning purposes. Entities contacted by the
City shall respond within 60 days.
(2) Community Composting operators with operations located in the City’s boundaries,
upon City request, shall provide information to the City to support Organic Waste
capacity planning, including, but not limited to, an estimate of the amount of
Organic Waste anticipated to be handled at the Community Composting operation.
Entities contacted by the City shall respond within 60 days.
(3) Owners of facilities, operations, and activities located in the City’s boundaries that
receive Recyclable Materials, Organic Materials, and/or Solid Waste shall provide
to the City, on a quarterly basis, copies of all reports they are required to report to
CalRecycle under 14 CCR.
6-4.112 Self-Hauler Requirements
(a) A Single-Family Generator or Single-Family Responsible Party that Self-Hauls Recyclable
Materials, Organic Materials, or Solid Waste is not required to record or report information
in Section 6.4112(f) through (h).
(b) Every Self-Hauler shall Source Separate its Recyclable Materials and Organic Materials
(materials that City otherwise requires Generators or Responsible Parties to separate for
collection in the City’s Recyclable Materials and Organic Materials collection program)
generated on-site from Solid Waste in a manner consistent with 14 CCR Section 18984.1
and the City’s collection program. Self-Haulers shall store their materials as described in
subsection (c) below. Self-Haulers shall deliver their materials to facilities described in
subsection (d) below. Alternatively, Self-Haulers may choose not to Source Separate
Recyclable Materials and Organic Materials and shall haul its Solid Waste (that includes
Recyclable Materials and Organic Materials) to a High Diversion Organic Waste
Processing Facility subject to advance written approval by the City.
(c) Self-Haulers shall store their solid waste, recyclable materials, and organic materials in
watertight, impervious containers having close-fitting lids and shall be constructed of
substantial, nonabsorbent materials. All solid waste, recyclable materials, and organic
materials are to be stored in containers which are sufficient in size to hold all such waste
without spilling or causing litter or a nuisance. Paper or plastic bags may be used if they
are of sufficient strength to resist puncture or attack by animals. Containers for refuse
should be of an adequate size and in sufficient number to contain, without overflowing, all
the refuse that the Self-Hauler generates within the designated removal period.
(d) Self-Haulers that Source Separate their Recyclable Materials and Organic Materials shall
haul their Source Separated Recyclable Materials to a facility that recovers those materials;
haul their Source Separated Organic Waste to a facility, operation, activity, or property that
processes or recovers Source Separated Organic Waste; and haul their Solid Waste to a
disposal facility or transfer facility or operation that processes or disposes of Solid Waste.
(e) No Solid Waste, Recyclable Materials, Organic Materials, or C&D Materials shall be
removed and carried on and along the streets and alleys of the City except that the same is
carried, conveyed, or hauled in conveyances so constructed as to be absolutely dustproof
and waterproof, and so arranged as not to permit dust or liquids or other matter to shift
through or fall upon the streets and alleys. The contents of such conveyances must be
further protected so as to prevent the same from being blown upon the streets, alleys, and
adjacent lands. Any materials that do permit dust or liquids or other matter to land upon or
be blown upon for any reason shall be cleaned up immediately.
(f) Self-Haulers that are Responsible Parties of Commercial Businesses or Multi-Family
Premises shall keep records of the amount of Recyclable Materials, Organic Materials, and
Solid Waste delivered to each facility, operation, activity, or property that processes or
recovers Recyclable Materials and Organic Materials and processes or disposes of Solid
Waste or shall keep records of Solid Waste delivered to High Diversion Organic Waste
Processing Facilities. These records shall be subject to review by the City and/or its
Designee(s). The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the Recyclable
Materials, Organic Materials, and Solid Waste.
(2) The amount of material in cubic yards or Tons transported by the Generator or
Responsible Party 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
Recyclable Materials, Organic Materials, and Solid Waste.
(g) Self-Haulers shall retain all records and data required to be maintained by this Section for
no less than five (5) years after the Recyclable Materials, Organic Materials, and/or Solid
Waste was first delivered to the facility accepting the material.
(h) Self-Haulers that are Commercial Businesses or Multi-Family Premises shall provide
copies of records required by this Section to City if requeste d by the City Manager or
Designee and shall provide the records at the frequency requested by the City Manager or
Designee(s).
(i) Self-Haulers shall obtain permits from the City prior to commencing self-haul operations,
which may be reviewed by the City or its Designee(s) or the Contractor at least once
annually. In order to receive a Self-Haul Permit from the City, Self-Haulers must:
(1) Apply for a Self-Haul Permit by submitting a Self-Haul Application, available from
the City online or in person at City Hall, which states that they understand the
requirements for Self-Haulers and agree to follow the requirements of this Section
and Chapter.
(2) Receive approval notice and permit from the City, which certifies that the applicant
understands the requirements for Self-Haulers and agrees to follow the
requirements of this Section and Chapter. Self-Haulers shall not commence Self-
Haul operations prior to receiving a Self-Haul Permit from the City or its
Designee(s).
6-4.113 Scavenging, Unlawful Dumping, and Public Nuisances Prohibited
(a) Scavenging is prohibited; it is unlawful for any person to engage in the act of scavenging.
For purposes of this Section, “scavenging” means engaging in any of the following
activities:
(1) Tampering or meddling with a container for Solid Waste, Recyclable Materials, or
Organic Materials;
(2) Tampering or meddling with the contents of any container for Solid Waste,
Recyclable Materials, or Organic Materials;
(3) Removing the contents of any container for Solid Waste, Recyclable Materials, or
Organic Materials;
(4) Removing any container for Solid Waste, Recyclable Materials, or Organic
Materials from the location where the container has been placed by the owner of
the container or owner’s agent or employee; or
(5) Removing, tampering, or meddling with any Solid Waste, Recyclable Materials, or
Organic Materials set out for collection, pursuant to the provisions of this chapter,
on private property or on any sidewalk, street, or public right-of-way.
(6) The provisions of this Section do not apply to:
(A) A contractor or its agents or employees performing under the authority of its
contract;
(B) A City agent performing within the authority of the City; or
(C) The owner of the waste or of the container, including the owner’s authorized
agents and employees.
(7) It is declared to be an infraction for any person, other than those individuals listed
in subsection (6) above, to violate any provision of this Section.
(b) Unlawful Dumping Prohibited. No person shall dump, deposit, release, spill, leak, pump,
pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by
abandonment or discarding of barrels, containers and other closed receptacles of solid,
hazardous, or liquid waste of any kind whatsoever) any solid or liquid waste upon any
premises within the City, or to cause, suffer, or permit any solid or liquid waste to come to
be located upon any premises in the City, except in an authorized or permitted solid waste,
recyclable materials, and organic materials container or at an authorized or permitted waste
facility approved for that type of waste.
(c) Public Nuisance. To protect public health, safety, and well-being and to prevent the spread
of vectors, it is unlawful and a public nuisance for any person or entity to violate any term
of this chapter. For these same reasons, it is a public nuisance for any person or entity to
occupy, inhabit, maintain, or to be in day-to-day control of any premises within the City
which generates waste for which arrangements have not been made with a franchised
Contractor, a Contractor with continuation rights recognized by the City, or without
obtaining a self-haul permit from the City; for regular collection and removal of solid
waste, recyclable materials, and organic materials.
(d) Careless disposal of solid waste, Recyclable Materials, and Organic Materials.
(1) No person shall place or dump, or hire any person to place or dump, any Solid
Waste, Recyclable Materials, or Organic Materials upon the right-of-way of any
public highway, street, or thoroughfare, or upon the banks of any stream or dry
watercourse, or upon the private property of any person, inhabited or uninhabited,
within the City except with the permission of the Health Officer.
(2) Disposal of hazardous wastes shall be governed by Health and Safety Code
Sections 25190 and 25191 and Title 23 California Administrative Code,
commencing with Section 2500, Waste Disposal to Land.
6-4.114 Inspections and Investigations
(a) City representatives or its Designee(s) 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 Generator s, or
Source Separated materials to confirm compliance with this chapter by Generators,
Responsible Parties of Single-Family Premises, Responsible Parties of Commercial
Businesses, Responsible Parties of Multi-Family Premises, Commercial Edible Food
Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery
Organizations, subject to applicable laws. This Section does not allow City or its Designee
to enter the interior of a private Single-Family Dwelling residential property for Inspection.
(b) Entities regulated by this chapter shall provide or arrange for access during all Inspections
(with the exception of Single-Family Dwelling residential property interiors) and shall
cooperate with the City’s representative or its Designee during such Inspections and
investigations. Such Inspections and investigations may include confirmation of proper
placement of materials in containers, inspection of Edible Food Recovery activities, review
of required records, or other verification or Inspection to confirm compliance with any
other requirement of this chapter. Failure of a Responsible Party to provide or arrange for:
(i) access to an entity’s Premises; or (ii) access to records for any Inspection or
investigation is a violation of this chapter and may result in penalties described in Section
6-4.115.
(c) Any records obtained by a City or its Designee during its Inspections 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 or their Designee are authorized to conduct any Inspections, or other
investigations as reasonably necessary to further the goals of this chapter, subject to
applicable laws.
(e) City or its Designee shall receive written complaints from persons regarding an entity that
may be potentially non-compliant with SB 1383 Regulations, including receipt of
anonymous complaints.
(f) City representatives and/or their Designee are authorized to provide informational notices
to entities regulated by this chapter regarding compliance with this chapter.
6-4.115 Enforcement
(a) Violation of any provision of this chapter shall constitute grounds for issuance of a Notice
of Violation and assessment of a fine by a City Enforcement Official or designee.
Enforcement Actions under this chapter are issuance of an administrative citation and
assessment of a fine. The City’s procedures on imposition of administrative fines as
specified in Title 12 Code Enforcement of the City’s code are hereby incorporated in their
entirety, as modified from time to time, and shall govern the imposition, enforcement,
collection, and review of administrative citations issued to enforce this chapter and any
rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this
chapter.
(b) 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. City may choose to delay court action until
such time as a sufficiently large number of violations or cumulative size of violations exist
such that court action is a reasonable use of City staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this chapter may be undertaken by the City or County
Enforcement Official, which may be the City Manager or their designated entity,
legal counsel, or combination thereof.
(2) Enforcement may also be undertaken by a County Enforcement Official, designated
by the County, in consultation with City Enforcement Official / District.
(3) City Enforcement Official(s) may issue Notices of Violation(s).
(d) Process for Enforcement
(1) City Enforcement Officials and/or their Designee will monitor compliance with the
Chapter through Compliance Reviews, Route Reviews, investigation of
complaints, and an Inspection program. City Enforcement Officials and/or their
designee may also monitor compliance with the chapter randomly. Section 6-4.114
and Title 12 of the Atascadero Municipal Code establishes City’s right to conduct
Inspections and investigations.
(2) City may issue an official notification to notify regulated entities of its obligations
under the chapter.
(3) For incidences of Prohibited Container Contaminants found in containers, City or
its designee will issue an informational notice of contamination to any Generator
or Responsible Party 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 or
within 60 days after determining that a violation has occurred. If the City or its
Designee observes Prohibited Container Contaminants in a Responsible Party’s
containers on more than three (3) consecutive occasion(s), the City or its Designee,
or the Contractor, may assess contamination processing fees or contamination
penalties on the Generator.
(4) With the exception of violations of contamination of container contents, City shall
issue a Notice of Violation requiring compliance within 60 days of issuance of the
notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, City shall commence an action to impose penalties, via an administrative
citation and fine.
(6) Notices shall be sent to “owner” at the official address of the owner maintained by
the tax collector for the County Assessor or if no such address is available, to the
owner at the address of the Multi-Family Premises or Commercial Premises or to
the Responsible Party for the collection services, depending upon available
information.
(e) Penalty Amounts for Types of Violations
The penalty levels are as follows, as prescribed by Section 12-1.04 and Section 12-2.02 of
the Atascadero Municipal Code and any other applicable code or regulation:
(1) For a first violation, the amount of the base penalty shall be $100 per violation.
(2) For a second violation, the amount of the base penalty shall be $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $500
per violation.
(f) Compliance Deadline Extension Considerations
City may extend the compliance deadlines set forth in a Notice of Violation issued in
accordance with this Section if it finds that there are extenuating circumstances beyond the
control of the respondent that make compliance within the deadlines impracticable,
including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals;
or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery
capacity and the City is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies.
(g) Appeals Process. Persons receiving an administrative citation containing a penalty for an
uncorrected violation may request a hearing to appeal the citation. A hearing will be held
only if it is requested within the time prescribed and consistent with City’s procedures in
the City’s codes for appeals of administrative citations. Evidence may be presented at the
hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a
final written order.
(h) Education Period for Non-Compliance. Beginning January 1, 2022 and through December
31, 2023, City or its Designee will conduct Inspections, Route Reviews or waste
evaluations, and Compliance Reviews, depending upon the type of regulated entity, to
determine compliance, and if City or its Designee determines that Generator, Responsible
Party, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance, it shall provide
educational materials to the entity describing its obligations under this chapter and a notice
that compliance is required by January 1, 2022, and that violations may be subject to
administrative civil penalties starting on January 1, 2024.
(i) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines
that a Generator, Responsible Party, Self-Hauler, hauler, Tier One or Tier Two Commercial
Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other
entity is not in compliance with this chapter, it shall document the noncompliance or
violation, issue a Notice of Violation, and take Enforcement Action pursuant to this
Section, as needed.