HomeMy WebLinkAbout2383ORDINANCE NO. 2383
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA ADDING PART 4 TO CHAPTER 1 OF ARTICLE V OF THE
ARCADIA MUNICIPAL CODE RELATING TO ORGANIC WASTE
DISPOSAL REDUCTION
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the
California Department of Resources Recycling and Recovery ("CalRecycle) to adopt
regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020
and 75 percent by 2025; and
WHEREAS, SB 1383 also requires the regulations to recover, for human
consumption, at least 20 percent of edible food that is currently thrown away; and
WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in
Chapter 12 (Short -Lived Climate Pollutants) of Division 7 of Title 14 of the California Code
of Regulations ("SB 1383 Regulations"); and
WHEREAS, the SB 1383 Regulations take effect January 1, 2022, and
requires the City of Arcadia to adopt an ordinance to enforce the SB 1383 Regulations by
said date, and;
WHEREAS, the City Council desires to add an Organic Waste Disposal
Reduction Ordinance to comply with the SB 1383 Regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA
DOES ORDAIN AS FOLLOWS:
Section 1. Article V, Chapter 1 of the Arcadia Municipal Code is hereby
amended in its entirety as set forth in Exhibit A, incorporated by this reference.
Section 2. Severability. If any section, subsection, clause or phrase in
this Ordinance or the application thereof to any person or circumstances is for any reason
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held invalid, the validity of the remainder of this Ordinance or the application of such
provisions to other persons or circumstances shall not be affected thereby. The City
Council hereby declares that it would have passed this Ordinance and each section,
subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more
sections, subsections, sentences, clauses or phrases or the application thereof to any
person or circumstance be held invalid.
Section 3. No less than five days prior to the adoption of this Ordinance, the
City Clerk published a summary of this Ordinance in accordance with Government Code
section 36933. The City Clerk will certify to the passage of this Ordinance by the City
Council of the City of Arcadia, California, and cause a summary to be published once
within fifteen (15) days after its passage in a newspaper of general circulation, printed,
published and circulated in the City in accordance with Government Code section 36933.
its adoption.
Section 4. This Ordinance shall take effect and be in full force 30 days after
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Passed, approved, and adopted at a regular meeting of the City Council of the City
of Arcadia, California, on this _ 2nd day of
ATTEST:
FERMIf � frail
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
November
, 2021.
Mayor of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2380 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 2nd day of November, 2021 and that said Ordinance was adopted by
the following vote, to wit:
AYES: Beck, Chandler, Verlato, Cheng, and Tay
NOES: None
ABSENT: None
CittVerk of the of Arcadia
EXHIBIT A
PART 1. - DEFINITIONS
5110. — Definitions.
For the purpose of this Chapter certain words and phrases are defined and certain
provisions shall be construed as set forth in this Part unless it is apparent from the context
that a different meaning is intended. In the event of a conflict between the Arcadia
Municipal Code and the California Code of Regulations, the Arcadia Municipal Code shall
prevail.
"Blue Container' has the same meaning as in 14 CCR § 18982.2(a)(5) and shall be used
for the purpose of storage and collection of Source Separated Recyclable Materials or
Source Separated Blue Container Waste.
"California Code of Regulations" or "CCR" means the State of California Code of
Regulations.
"CalRecycle" means California's Department of Resources Recycling and Recovery.
"City" means the City of Arcadia, California.
"Commercial" or "Commercial Business." Means a business, industrial, commercial
establishment, or construction site.
"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 § 17855(a)(4); or, as otherwise
defined by 14 CCR § 18982(a)(8).
"Compliance Review" means a review of records by the City to determine compliance
with this chapter.
"Container." A cart, bin, roll -off, compactor or similar receptacle used to temporarily store
solid waste, organics or recyclables for collection service.
"Container Contamination" or "Contaminated Container' means a container, regardless
of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14
CCR § 18982(a)(55).
"Designated Source Separated Organic Waste Facility" shall have the same definition as
14 CCR § 18982(14.5).
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"Designee" means an entity that the City contracts with or otherwise arranges to carry out
any of the City's responsibilities as authorized in 14 CCR § 18981.2. A Designee may be
a government entity, a hauler, a private entity, or a combination of those entities.
"Edible Food" means food intended for human consumption, or as otherwise defined in
14 CCR § 18982(a)(18). "Edible Food" is not Solid Waste if it is recovered and not
discarded.
"Enforcement Action" means an action of the City to address non-compliance including,
but not limited to, issuing administrative citations, fines, penalties, or using other
remedies.
"Enforcement Officer" means the city manager, county administrative official, chief
operating officer, executive director, public works director or other executive in charge or
their authorized Designee(s) who is/are partially or whole responsible for enforcing this
chapter.
"Food Recovery" means actions to collect and distribute food for human consumption that
otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).
"Food Recovery Organization" means an entity that engages in the collection or receipt
of Edible Food from Commercial Edible Food Generators and distributes that Edible Food
to the public for Food Recovery either directly or through other entities or as otherwise
defined in 14 CCR § 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.
"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 § 18982(a)(26).
Food waste" means food scraps separated from Solid Waste and offered for collection by
Franchisee, that will decompose and/or putrefy including (i) all kitchen and table food
waste, and animal or vegetable waste that attends or results from the storage,
preparation, cooking or handling of food stuffs, and (ii) paper waste contaminated with
food waste.
"Generator" or "Waste Generator' means a person or entity that is responsible for the
initial creation of waste.
"Gray Container" has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be
used for the purpose of storage and collection of Gray Container Waste.
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"Gray Container Waste" means Solid Waste that is collected in a Gray Container that is
part of a three -container Organic Waste collection service that prohibits the placement of
Organic Waste in the Gray Container as specified in 14 CCR §§ 18984.1(a) -(b), or as
otherwise defined in 14 CCR § 17402(a)(6.5).
"Green Container" has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be
used for the purpose of storage and collection of Source Separated Green Container
Organic Waste.
"Green Waste" means any and all forms of biodegradable plant material which can be
placed in a covered Container, such as wastes generated from the maintenance or
alteration of public, commercial or residential landscapes including, but not limited to, yard
clippings, leaves, tree trimmings, prunings, brush, and weeds as well as green waste.
Tree stumps and limbs greater than three (3) inches in diameter are excluded unless they
are reduced to a chipped form; otherwise, such large portions of Green Waste shall be
considered Bulky Waste.
"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 §
18982(a)(30).
"High Diversion Organic Waste Processing Facility" means a facility that is in compliance
with the reporting requirements of 14 CCR § 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 § 18815.5(e) for Organic Waste received from the "Mixed waste
organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or, as otherwise
defined in 14 CCR § 18982(a)(33).
"Inspection" means a site visit where a City reviews records, containers, and an entity's
collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food
handling to determine if the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14 CCR § 18982(a)(35).
"Integrated Waste Collection." means the collection of Source Separated Green
Container Organic Waste in the Green Container, Source Separated Recyclable
Materials in the Blue Container; and Gray Container Waste in the Gray Container.
"Junk or salvage" shall be deemed to mean and include any metal or metal scrap that is
purchased for its salvage value, and paper and cardboard resulting from business
establishments if the same is baled on the business premises by the owner or operator
of such business. Refuse shall not include junk or salvage as thus defined.
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"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.
"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. A venue facility includes, but is not limited to, a public,
nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement
park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing
arts center, fairground, museum, theater, or other public attraction facility. A site under
common ownership or control that includes more than one Large Venue that is contiguous
with other Large Venues in the site, is a single Large Venue.
"Local Education Agency" means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to Solid
Waste, or as otherwise defined in 14 CCR § 18982(a)(40).
"Mixed Waste Organic Collection Stream" or "Mixed Waste" means Organic Waste
collected in a container that is required by 14 CCR §§ 18984.1, 18984.2 or 18984.3 to be
taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in
14 CCR § 17402(a) (11.5).
"Multi -Family Residential Dwelling" or "Multi -Family" means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi -Family premises do not
include hotels, motels, or other transient occupancy facilities, which are considered
Commercial Businesses.
"Notice of Violation" or "NOV means a notice that a violation has occurred that includes a
compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR
§ 18982(a)(45) or further explained in 14 CCR § 18995.4
"Organics," "Organic Waste," "organic waste" and "organic material." means solid wastes
containing material originated from living organisms and their metabolic waste products,
including, but not limited to, Food Waste, Green Waste, non -hazardous wood waste, and
unwaxed food -soiled paper.
"Organic Waste Generator' means a person or entity that is responsible for the initial
creation of Organic Waste, or as otherwise defined in 14 CCR § 18982(a)(48).
"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 § 18982(a)(51).
"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 § 18982(a)(54).
"Prohibited Container Contaminants" means the following: (i) discarded materials placed
in the Blue Container that are not identified as acceptable Source Separated Recyclable
Materials for the City's Blue Container; (ii) discarded materials placed in the Green
Container that are not identified as acceptable Source Separated Green Container
Organic Waste for the City's Green Container; (iii) discarded materials placed in the Gray
Container that are acceptable Source Separated Recyclable Materials and/or Source
Separated Green Container Organic Wastes to be placed in the City's Green Container
and/or Blue Container; and, (iv) non -Solid Waste items placed in any container.
"Recovered Organic Waste Products" means products made from California, landfill -
diverted recovered Organic Waste processed in a permitted or otherwise authorized
facility, or as otherwise defined in 14 CCR § 18982(a)(60).
"Recovery" means any activity or process described in 14 CCR § 18983.1(b), or as
otherwise defined in 14 CCR § 18982(a)(49).
"Recyclables" or "Recyclable material" means material such as, but not limited to, paper,
cardboard, glass, metal and aluminum cans, and plastics which is separated from other
waste or refuse for the purpose of recycling.
"Recycling" means the process of collecting and turning used products into new products
by reprocessing or remanufacturing them.
"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 § 18982(a)(61).
"Remote Monitoring" means the use of the internet of things and/or wireless electronic
devices to visualize the contents of Blue Containers, Green Containers, and Gray
Containers for purposes of identifying the quantity of materials in containers (level of fill)
and/or presence of Prohibited Container Contaminants.
"Residential." Any residential dwelling or apartment house.
"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 § 18982(a)(65).
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016.
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"SB 1383 Regulations" means the Short -Lived Climate Pollutants: Organic Waste
Reduction regulations developed by CalRecycle and adopted in 2020 that created 14
CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27
CCR.
"Single -Family" means of, from, or pertaining to any residential premises with fewer than
five (5) units.
"Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
construction and demolition wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge
that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes,
and other discarded solid and semisolid wastes. Solid waste does not include hazardous,
radioactive waste or medical waste.
"Source separating" or "source separation" means the process of removing recyclable
materials from solid waste at the place of generation, prior to collection, and placing them
into separate containers that are separately designated for recyclable materials.
"Source Separated Blue Container Waste" means Source Separated Wastes that can be
placed in a Blue Container that is limited to the collection of those Organic Wastes and
Non -Organic Recyclables as defined in 14 CCR § 18982(a)(43), or as otherwise defined
by 14 CCR § 17402(a)(18.7).
"Source Separated Green Container Organic Waste" means Source Separated Organic
Waste that can be placed in a Green Container that is specifically intended for the
separate collection of Organic Waste by the generator, excluding Source Separated Blue
Container Waste, carpets, non-compostable Paper, and textiles.
"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 §
18982(a)(71).
"Tier One Commercial Edible Food Generator' means a Commercial Edible Food
Generator that is one of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than 10,000
square feet.
3. Food Service Provider.
4. Food Distributor.
5. Wholesale Food Vendor
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"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.
"Wholesale Food Vendor' means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received,
shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other
destination, or as otherwise defined in 14 CCR § 189852(a)(76).
PART 2. — COLLECTION, HAULING AND DISPOSAL
Division 0. Solid Waste, Recyclables, and Organic Waste
5120. Collection of Discarded Solid Waste, Organic Waste and Recyclables,
Restricted.
(a) No person shall sort through, gather, collect or remove from any container,
wherever situated, any discarded solid waste, organic waste, , junk, salvage, recyclables,
or similar waste materials, nor shall any person convey the same upon or along any public
street within the City, or cause or permit any combination of the above to occur without
first obtaining a valid permit to do so pursuant to Chapter 3 of Article VI.
(b) All persons permitted to sort through, gather, collect or remove from any container,
wherever situated, any discarded solid waste, organic waste, junk, salvage, recyclables,
or similar waste materials shall comply with Part 4 of this Chapter,
(c) Subdivision (a) of this Section shall not apply to any of the following persons, firms
or corporations:
(1) Any person, firm, or corporation in the employ of the City who shall be
assigned by the Council to the work of sorting through, gathering, collecting or removing
solid waste, organic waste, junk, salvage, recyclables or similar materials;
(2) Any person, firm or corporation with whom the City has entered into or may
hereafter enter into a contract for the sorting through, gathering, collecting or removing
solid waste, organic waste, junk, salvage, recyclables or similar materials;
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(3) Any employee of any person, firm, or corporation with whom the City has
entered into or may hereafter enter into a contract for the sorting through, gathering,
collecting or removing solid waste, organic waste , junk, salvage, recyclables, or similar
materials, during the time such contract shall be in force, and who is acting within the
scope of his or her employment.
(d) For purposes of this section, the term "discarded" shall refer to the act whereby an
owner of any material pays any fee to another for the services of collection, removal or
disposal of such material.
(e) No person shall be subject to an action for violation of this section, unless the
person knows, or reasonably should know, that the materials would otherwise be
collected by persons or entities authorized by the City for the purpose of collection,
disposal, hauling or recycling.
(f) Violation of this Section is hereby declared a misdemeanor punishable in
accordance with Section 1200 of this Code.
5120.1 Same. Frequency.
The City, its agents, employees, or the person with whom the City has entered into or
may hereafter enter into a contract for the collection and removal of solid waste, organic
waste, or recyclables, shall collect and remove all solid waste, organic waste, and
recyclables accumulated at the intervals specified in the following subsections hereof.
Solid waste, organic waste, or recyclables presented for collection must have been
accumulated from or generated by the use of the property from which the collection is
made.
5120.1.1. Same. Same. Residences.
Weekly at regular intervals from any private dwelling house or residence and apartment
houses containing less than ten (10) dwelling units, and semi-weekly from apartment
houses containing ten (10) or more dwelling units.
5120.1.2. Same. Same. Hotels, Restaurants.
Daily (Sundays and holidays excepted) from any hotel, restaurant or other place of
business; provided that the owner or manager of any such hotel, restaurant or place of
business may request solid waste, organic waste, or recyclables collection from such
respective premises less frequently, in which case garbage may be collected less
frequently from such premises.
5120.2 Garbage, Organic Waste, Recyclables and Refuse Receptacles.
Any solid waste, organic waste, or recyclables, vessel, can, container, or receptacle which
leaks and is not watertight shall be replaced by the person from whom the solid waste,
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organic waste, or recyclables is collected within ten (10) days after notice from the
collector of solid waste, organic waste, or recyclables stating the condition of such vessel,
can, container or receptacle. Such notice from the collector shall be made by attaching a
tag to such vessel, can, container or receptacle and indicating thereon the defective
condition thereof.
5120.2.1. Same. Place for Collection.
Every person desiring to have solid waste, organic waste, or recyclables collected from
any hotel or place of business shall place such solid waste, organic waste, or recyclables
container or receptacle within five feet (5') of the alley in the rear of such premises where
there is an alley other than a blind alley, and if there be no alley other than a blind alley
in the rear of such premises, then such container or receptacle shall be placed at some
convenient location on the premises. Every person desiring to have solid waste, organic
waste, or recyclables collected from any residential street or alley shall place such solid
waste, organic waste, or recyclables container or receptacle within five feet (5') of the
street or alley. All solid waste, organic waste, or recyclables to be collected as provided
in this Part shall be placed at the locations designated herein prior to the hours fixed for
the collection of solid waste, organic waste, or recyclables .
5120.2.2. Same. Size.
Garbage vessels, cans, containers or receptacles from which solid waste, organic waste,
or recyclables is collected at any hotel or place of business shall be so constructed as to
contain not less than three (3) nor more than thirty (30) gallons.
5120.2.3. Same. Construction
All vessels, cans, containers or receptacles mentioned in this Part shall be constructed of
metal and shall be provided with a handle or handles on the outside thereof and with a
tight fitting metal cover. Such cover shall not be removed except when necessary to
deposit solid waste, organic waste, or recyclables therein or to take solid waste, organic
waste, or recyclables therefrom.
5120.3. Segregation
To be collected by the City or by any person under contract with the City, residential
refuse, organic waste, and recyclables shall be placed in sturdy containers not exceeding
a gross weight of sixty (60) pounds, and in compliance with Part 4.
5120.5 Littering Prohibited
No person shall deposit, place, leave or permit to be or remain any solid waste, organic
waste, or recyclables or other waste , or any solid waste, organic waste, or recyclables
can, receptacle or container in, upon, within or on any public street, road, highway,
parkway, alley, sidewalk or other public thoroughfare; or in or upon any vacant lot; or in,
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upon or within the required front yard of any improved lot; or upon or within the area of
any improved lot between the front main building thereon and the street upon which such
lot fronts; and, in addition to the foregoing restrictions, in, upon or within any portion of a
corner lot closer to the side street than the street -side side yard applicable thereto except
behind a solid fence or wall at least four feet (4') in height and lawfully erected and
maintained along the street side of at least the rear yard.
5120.5.1 Same. Exception
Solid waste, organic waste, and recyclables may be placed on a parkway within twenty-
four (24) hours prior to the date and time specified by the Manager for the collection of
such solid waste, organic waste, or recyclables by the City or by any person under
contract with the City for such collection if placed in containers in accordance with the
provisions of this Part and Part 4.
5120.5.2. Same. Same. Removal.
Notwithstanding the provisions of Section 5120.5.1, no person shall permit any solid
waste, organic waste, or recyclables can, receptacle or container to remain on any public
street, sidewalk or parkway adjacent to property owned or occupied by that person past
five (5) a.m. on the day following collection.
5120.6.1. Same. Exception.
No permit shall be required of any landscaper, landscape architect, or tree surgeon solely
for the removal of Source Separated Organic Waste resulting from the operations of any
such licensed business; nor of any person licensed by the City performing work as an
independent contractor for the abatement of weeds, the clearing of land or the regular
and continual maintenance of premises in the City. Organic Waste shall be hauled to a
Solid Waste facility, operation, activity, or property that processes or recovers Source
Separated Organic Waste. Alternatively, businesses may haul Organic Waste to a High
Diversion Organic Waste Processing Facility. All business shall maintain and provide
records to the City regarding the collection and disposal of Source Separated Organic
Waste as required by the SB 1383 Regulations.
5120.7. Collection Rates.
The Council may by resolution fix and determine the uniform rates that may be
charged by any person for the collecting or removing of solid waste, organic waste, or
recyclables from any premises in the City. The rates thus fixed and determined shall
remain in effect for the period prescribed or until changed in like manner by the Council.
No person shall charge or collect any fee or rate other than the fee or rate thus fixed and
determined.
(a) Residential Refuse Fee. A fee of Thirty Cents ($0.30) per month per residential
unit is hereby established to fund the cost of preparing, adopting, implementing
and administering the source reduction and recycling element and the integrated
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waste management plan mandated by Public Resources Code 40000 et seq.
The fee shall be in addition to any other fee or charge for solid waste collection
authorized by this Code, and may be subsequently amended byresolution of
the City Council.
(b) Method of Collection. The bill for solid waste service shall be the medium for
billing and collecting the residential solid waste fee. The fee shall be charged to
the person in whose name solid waste service is registered. The fee shall be
charged and billed as a monthly regular service charge, and no credit shall be
allowed for this portion of a month's service.
5120.7.1. Service and Payment.
The owners or occupants of all single-family houses and all multiple -dwelling units
including, without limitation, duplexes, triplexes, apartments and condominiums in the City
shall subscribe to and pay for solid waste, organic waste, or recyclables collection
service, regardless of whether solid waste, organic waste, or recyclables is placed for
collection. Such service shall be provided by the City's duly authorized residential solid
waste collector as established by the Arcadia Municipal Code, resolutions of the City and
the City Residential Refuse Agreement. No person shall refuse such service, use other
service, or fail to pay the collector of such solid waste, organic waste, or recyclables the
fee charged by such collector, which shall be in accordance with the rates fixed and
determined by resolution of the City Council.
5120.7.2. Same. Discontinued Service for Nonpayment.
The collector of solid waste, organic waste, or recyclables may refuse to collect solid
waste, organic waste, or recyclables or all from the premises of any person who fails to
pay for such collection services at rates no greater than those fixed and determined by
the Council.
5120.8 Solid Waste Vehicles, To Be Cleaned and Covered.
No person operating or using any vehicle for the collection, hauling or disposal of solid
waste, organic waste, recyclables, dead animals, offal, swill, manure, or any other
nauseous or offensive substance shall cause or permit such vehicle to be or remain in a
filthy or offensive condition nor to be in motion upon any street, alley or highway unless
the vehicle is at all times while thus in motion covered with a cover sufficient to prevent
any part of the load of such vehicle from spilling upon the street, road or highway.
5120.8.1. Same. Parking and Standing Restricted.
No person operating or using any vehicle for the collection, hauling or disposing of solid
waste, organic waste, recyclables, dead animals, offal, swill, manure or any other
nauseous or offensive substance shall cause or permit such vehicle to stand, remain or
be parked in or upon any street longer than is necessary for the loading and hauling of
any such substance to its destination.
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5120.9. Hours of Operation.
The collection of residential solid waste, organic waste, and recyclables shall be confined
to Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. Collections may
be made on Saturday between 7:00 a.m. and 5:00 p.m. if a holiday occurs within the
preceding six (6) days. The collection of commercial solid waste, organic waste, and
recyclables shall be confined to Sunday through Saturday between the hours of 7:00
a.m. and 5:00 p.m., except that commercial solid waste, organic waste, or recyclables
collection may be commenced in certain defined geographical locations or areas at earlier
hours as specified by Council resolution. If in the judgment of the City Manager conditions
warrant a temporary departure from the days and hours of such collection, the City
Manager may authorize collection of solid waste, organic waste, or recyclables on such
days and during such hours as he deems appropriate for a period not to exceed two (2)
weeks.
5120.10. Compliance with Traffic Regulations.
Every vehicle used in collecting, hauling or disposing of solid waste, organic waste, or
recyclables shall be operated in compliance with the provisions of Chapter 2 of Article III
of the Arcadia Municipal Code.
Division 1. Recyclables
5121. Recyclables Collection.
The collection, loading and hauling of recyclables shall be provided for, and conducted in
accordance with the California Solid Waste Reuse and Recycling Access Act of 1991, SB
1383 (the Short-lived Climate Pollutant Reduction Act of 2016), and the applicable
regulations contained in Division 0 of this Part.
PART 3. — COMMERCIAL AND INDUSTRIAL RECYCLING
5130.1 Commercial/industrial Waste Hauler Requirements
Any recycling company or waste hauler as permitted pursuant to Article VI, Chapter
4, Part 3, Division 4 of the Arcadia Municipal Code shall:
(a) Work with customers in the City to recycle and educate customers about the
need to recycle and inform all applicable customers of their obligation to recycle
pursuant to Public Resources Code Section 42649.2 and other applicable law,
including SB 1383. Within ninety (90) days of the issuance of the hauler's
business license, the hauler shall submit to the Public Works Services Director
a strategy and methodology for increasing diversion and recycling within the
City, which includes a discussion of how the hauler will ensure applicable
customers are aware of their obligation to recycle pursuant to applicable law;
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(b) Achieve annual diversion rates, as provided under applicable state law, for all
commercial solid waste as defined in the City's Source Reduction and Recycling
Element including, but not limited to, varieties of paper, plastics, glass, as well
as wood, yard and other greenwaste, manure, organic waste, and construction
and demolition debris, collected or removed within the City;
(c) Report to the City all materials considered diverted or recycled resulting in
source reduction, recycling, composting and/or transformation from the
commercial and industrial solid waste stream by using the diversion formula set
forth in Section 5130.1(d);
(d) In calculating the annual diversion rate achieved, each hauler shall utilize the
following formula and definitions incorporated by reference from Title 14,
California Code of Regulations, Article 6.1 Solid Waste Generation Study,
Section 18722 et seq. The following equation defines the "Integrated Waste
Management (AB 939) Generation -Based Diversion Quantification
Methodology":
Generation = Disposal + Diversion
Diversion Rate (%) =
Diversion Tons
Generation Tons
A hauler may only claim diversion tonnages resulting from source reduction,
recycling, composting, and transformation activities. Diversion shall be quantified on
an "avoided disposal" basis. The overall calculated annual diversion tonnage to be
reported to the City by a hauler may include a combination of the diversion quantities
achieved by the customers serviced by the hauler, and the tonnage diverted by the
hauler. Diversion quantities achieved by a customer may include those resulting from
the customer's internal source reduction practices, and may further include recycling
tonnage given to an independent third party recycler. Diversion quantities and
practices shall be subject to audit by an independent third party approved by the
Public Works Services Director, at the cost and expense of the hauler.
A hauler may petition the City to use a different calculation methodology to
determine diversion tonnage upon showing, based upon substantial evidence, that
the above methodology cannot be accomplished due to lack of available data, or
other circumstances. The approval of the City's Public Works Services Director shall
be required for any alternative method of calculation.
(e) A hauler that does not achieve at least an annual 50% diversion rate may petition
the City for continuation of its commercial solid waste permit if the hauler
provides to the Public Works Services Director substantial evidence, in a form
and content deemed satisfactory by the Public Works Services Director, that
shows 1) the disposed solid waste does not consist of readily recyclable
materials, or 2) refusal by the hauler's customers to cooperate in recycling
programs, including identifying which customers are required to recycle pursuant
to Public Resources Code Section 42649.2 and other applicable law and refuse
to do so, or 3) the cost of recycling is unreasonably prohibitive, or 4) other
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reasons for failure to achieve at least an annual 50% diversion rate (e.g., space
limitations, refusal by business to report internal business recycling, etc.), and
by demonstrating "good faith" in implementing other waste reduction and
recycling programs. The City's Public Works Services Director may approve the
continuation of the permit if the Director finds that there is a reasonable basis for
doing so, and that the hauler has demonstrated "good faith" in implementing
other waste reduction and recycling programs. The City may require an
alternative annual diversion goal and impose additional conditions for the
continuation of the commercial solid waste permit.
A hauler can demonstrate "good faith" waste reduction and recycling
programs by 1) providing documentation of other program(s) that the hauler is
implementing, and/or 2) participating in cooperative waste reduction and
recycling programs with the City.
(f) Comply with all relevant provisions of Part 4.
(g) Each permitted commercial hauler servicing an entity shall provide a recycling
container for the customer's source separated recyclables at no additional
charge to the commercial customer upon request of the commercial customer
and in compliance with Part 4.
5130.2. Required Monthly Reports.
Any recycling company or waste hauler removing recyclable material from the waste
stream shall report such diversions to the City, and indicate the type and amount of
material diverted on a form approved by the City within thirty (30) days after the end of
the reporting month. All reports shall include any information and reporting required in
Part 4.
5130.3. Audits.
The hauler's records related to recycling and diversion may at any time be audited by the
City or its appointed representative to verify the accuracy of all records and reports made
to the City. The City Council may by resolution adopt such administrative procedures as
necessary detailing the auditing procedure and costs of such audits. The hauler shall pay
to the City the cost of the audit.
5130.4. Penalties for Noncompliance.
If a commercial hauler fails to reach the diversion rates as specified by Section 5130.1(c),
then the City shall, consistent with Arcadia Municipal Code Section 6216.7, consider
action to suspend or revoke the applicable business license permit or direct nonrenewal
of the permit and/or application, or direct the imposition of civil penalties and fines
pursuant to a duly promulgated ordinance to implement the provisions of this Part 3 of the
Code.
5130.5. Education and Monitoring.
The City shall provide outreach and education to commercial customers required to obtain
recycling service by Public Resources Code Section 42649.2 and other applicable law,
including SB 1383. The City shall monitor compliance with mandatory state recycling
requirements and shall endeavor to inform affected customers. The City's failure to inform
an affected customer is no defense to an action brought by the State, City or other
regulatory authority for failing to comply with mandatory state recycling requirements.
Part 4. - ORGANIC WASTE DISPOSAL REDUCTION
5140. Requirements for Single -Family Generators (Standard Compliance
Approach).
Single -Family Organic Waste Generators shall comply with the following
requirements
1. Shall subscribe to the City's Organic Waste collection services for all
Organic Waste generated as described below in Section 5140(2). The City shall have
the right to review the number and size of a generator's containers to evaluate adequacy
of capacity provided for each type of collection service for proper separation of materials
and containment of materials; and, Single -Family generators shall adjust its service level
for its collection services as requested by the City. Generators may additionally manage
their Organic Waste by preventing or reducing their Organic Waste, managing Organic
Waste through backyard residential composting, and/or using a community composting
site.
2. Shall participate in the City's Organic Waste collection service(s) by
placing designated materials in designated containers as described below and shall not
place Prohibited Container Contaminants in collection containers.
A. A three -container collection service (Blue Container, Green
Container, and Gray Container). Generator shall place Source Separated Green
Container Organic Waste, including Food Waste, in the Green Container; Source
Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the
Gray Container. Generators shall not place materials designated for the Gray Container
into the Green Container or Blue Container,
5140.2 Requirements for Commercial Businesses and Multi -Family (Standard
Compliance Approach).
Generators that are Commercial Businesses, as well as Multi -Family Residential
Dwellings, shall:
1. Subscribe to the City's three -container collection services and comply
with requirements of those services as described below in Section 5140.2(2). The City
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shall have the right to review the number and size of a generator's containers and
frequency of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and containment of materials; and,
Commercial Businesses and Multi -Family shall adjust their service level for their collection
services as requested by the City.
2. Participate in the City's three -container collection service(s) by placing
Source Separated Green Container Organic Waste, including Food Waste, in the Green
Container; Source Separated Recyclable Materials in the Blue Container; and Gray
Container Waste in the Gray Container. Generator shall not place materials designated
for the Gray Container into the Green Container or Blue Container, nor place materials
designated for the Green Container or Blue Container into the Gray Container.
3. Supply and allow access to an adequate number, size and location of
collection containers with sufficient labels or colors (conforming with Section
5140.2(4)(A)(B) for employees, contractors, tenants, and customers, consistent with the
City's Blue Container, Green Container, and Gray Container collection service.
4. Excluding Multi -Family Residential Dwellings, provide containers for the
collection of Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials in all indoor and outdoor areas where disposal containers are
provided for customers, for materials generated by that business. Such containers do not
need to be provided in restrooms. If a Commercial Business does not generate any of the
materials that would be collected in one type of container, then the business does not
have to provide that particular container in all areas where disposal containers are
provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the
business shall have either:
A. A body or lid that conforms with the container colors provided through
the collection service provided by City, with either lids conforming to the color
requirements or bodies conforming to the color requirements or both lids and bodies
conforming to color requirements. A Commercial Business is not required to replace
functional containers, including containers purchased prior to January 1, 2022, that do
not comply with the requirements of the subsection prior to the end of the useful life of
those containers, or prior to January 1, 2036, whichever comes first.
B. Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials prohibited in that
container, or containers with imprinted text or graphic images that indicate the primary
materials accepted and primary materials prohibited in the container. Pursuant 14 CCR
§ 18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.
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5. Multi -Family Residential Dwellings are not required to comply with
container placement requirements or labeling requirements in Section 5140.2(4) pursuant
to 14 CCR § 18984.9(b).
6. To the extent practical through education, training, Inspection, and/or
other measures, excluding Multi -Family Residential Dwellings, prohibit employees from
placing materials in a container not designated for those materials in accordance with
Section 5140.2(2).
7. Excluding Multi -Family Residential Dwellings, periodically inspect
containers for contamination and inform employees if containers are contaminated and
of the requirements to keep contaminants out of those containers pursuant to 14 CCR §
18984.9(b)(3).
8. Annually provide information to employees, contractors, tenants, and
customers about Organic Waste Recovery requirements and about proper sorting of
Source Separated Green Container Organic Waste and Source Separated Recyclable
Materials.
9. Provide education information before or within fourteen (14) days of
occupation of the premises to new tenants that describes requirements to keep Source
Separated Green Container Organic Waste and Source Separated Recyclable Materials
separate from Gray Container Waste (when applicable) and the location of containers
and the rules governing their use at each property.
10. Provide or arrange access for the City or its agent to their properties
during all Inspections conducted in accordance with Section 5140.11 to confirm
compliance with the requirements of this chapter.
11. Accommodate and cooperate with City's Remote Monitoring program for
Inspection of the contents of containers for Prohibited Container Contaminants, to
evaluate generator's compliance with Section 5140.2(2). The Remote Monitoring
program shall involve installation of Remote Monitoring equipment on or in the Blue
Containers, Green Containers, and Gray Containers.
12. Nothing in this section prohibits a generator from preventing or reducing
waste generation, managing Organic Waste on site, or using a community composting
site.
13. Commercial Businesses that are Tier One or Tier Two Commercial
Edible Food Generators shall comply with Food Recovery requirements, pursuant to
5140.5.
5140.3. Waivers for Generators.
(a) De Minimis Waivers. The City may waive a Commercial Business' and
Multi -Family obligation) to comply with some or all of the Organic Waste requirements if
the Commercial Business or Multi -Family provides documentation that the business
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generates below a certain amount of Organic Waste material as described in 5140.4(a)(2)
below. Commercial Businesses or Multi -Family requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a
waiver from and provide documentation as noted in Section 5140.3(a)(2) below.
2. Provide documentation that either:
A. The Commercial Business' or Multi -Family's total Solid Waste
collection service is two cubic yards or more per week and Organic Waste subject to
collection in a Blue Container or Green Container comprises less than 20 gallons per
week per applicable container of the business' total waste; or
B. The Commercial Business' or Multi -Family's total Solid Waste
collection service is less than two cubic yards per week and Organic Waste subject to
collection in a Blue Container or Green Container comprises less than 10 gallons per
week per applicable container of the business' total waste.
3. Notify City if circumstances change such that Commercial Business's or
Multi -Family's Organic Waste exceeds threshold required for waiver, in which case waiver
will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every 5
years, if the City has approved de minimis waiver.
(b) Physical Space Waivers. The City may waive a Commercial Business' or
property owner's obligations (including Multi -Family Residential Dwellings) to comply with
some or all of the recyclable materials and/or Organic Waste collection service
requirements if the City has evidence from its own staff, a hauler, licensed architect, or
licensed engineer demonstrating that the premises lacks adequate space for the
collection containers required for compliance with the Organic Waste collection
requirements.
A Commercial Business or property owner may request a physical space waiver through
the following process:
1. Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for Blue
Containers and/or Green Containers including documentation from its hauler, licensed
architect, or licensed engineer.
3. Provide written verification to the City that it is still eligible for physical
space waiver every five years, if the City has approved application for a physical space
waiver.
(c) Additional Waivers. The City may provide any additional waivers of the
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requirements of this chapter to the extent permitted by applicable law. The Public Works
Director or his or her designee shall be responsible for determining the grounds for the
waiver, its scope, and appropriate administration.
(d) Review and Approval of Waivers by City. The Public Works Services
Director or his or her designees within ten (10) business days of receipt of the Commercial
Business' or Multi -Family's waiver application review and inspect the Commercial
Business' or Multi -Family's premises to verify the accuracy of the application.
5140.4. 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.
(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.
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.Shall not intentionally spoil Edible Food that is capable of being recovered
by a Food Recovery Organization or a Food Recovery Service.
4. Allow the City's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant to 14 CCR §
18991.4.
5. Keep records that include the following information, or as otherwise
specified in 14 CCR § 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 § 18991.3(b).
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B. A copy of all contracts or written agreements established under 14
CCR § 18991.3(b).
C. A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
ii. The types of food that will be collected by or self -hauled to the Food
Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or self -hauled.
iv. The quantity of food, measured in pounds recovered per month,
collected or self -hauled to a Food Recovery Service or Food Recovery Organization for
Food Recovery.
D. No later than January 1st of each year commencing no later than
January 1, 2023 for Tier One Commercial Edible Food Generators and January 1, 2025
for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery
report to the City that includes the following information: submit records of their contracts
or written agreements, and the amount and type of Edible Food that was not accepted by
Food Recovery Organizations or services for donation.
(d) Nothing in this chapter shall be construed to limit or conflict with the
protections provided by the California Good Samaritan Food Donation Act of 2017, the
Federal Good Samaritan Act, or share table and school food donation guidance pursuant
to Senate Bill 557, Chapter 557, Statutes of 2017.
5140.5. 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
24
under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR § 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 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 § 18991.3(b), shall maintain the following records, or as
otherwise specified by 14 CCR §18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible
Food Generator from which the organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial
Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery
Service that the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their
primary address physically located in the City and contract with or have written
agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR
§ 18991.3(b) shall report to the City it is located in the total pounds of Edible Food
recovered in the previous calendar year from the Tier One and Tier Two Commercial
Edible Food Generators they have established a contract or written agreement with
pursuant to 14 CCR § 18991.3(b) no later than March 30th.
(d) Food Recovery Capacity Planning
1. Food Recovery Services and Food Recovery Organizations. In order to
support Edible Food Recovery capacity planning assessments or other studies, Food
Recovery Services and Food Recovery Organizations operating in the City shall provide
information and consultation to the City, upon request, regarding existing, or proposed
new or expanded, Food Recovery capacity that could be accessed by the City and its
Commercial Edible Food Generators. A Food Recovery Service or Food Recovery
25
Organization contacted by the City shall respond to such request for information within
60 days, unless a shorter timeframe is otherwise specified by the City.
5140.6. Requirements for Haulers and Facility Operators.
(a) Requirements for Haulers
(1) The City's exclusive franchised hauler and permitted haulers
providing residential (including Multi -Family), Commercial, or industrial
Organic Waste collection services to generators within the City's
boundaries shall meet the following requirements and standards as a
condition of approval of a contract, agreement, or other authorization with
the City to collect Organic Waste:
(A) Through written notice to the City annually on or before March 30th
identify the facilities to which they will transport Organic Waste
including facilities for Source Separated Recyclable Materials, and
Source Separated Green Container Organic Waste
(B) Transport Source Separated Recyclable Materials, and Source
Separated Green Container Organic Waste to a facility, operation,
activity, or property that recovers Organic Waste as defined in 14
CCR, Division 7, Chapter 12, Article 2.
(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, Section 10 of this ordinance.
(2) The City's exclusive franchise hauler and permitted haulers
authorized to collect Organic Waste shall comply with education,
equipment, signage, container labeling, container color, contamination
monitoring, reporting, and other requirements contained within SB 1383.
The permitted haulers, at its sole expense, will implement a public education
and outreach program to expand public and customer awareness including
(i) inform generators about the services that are provided by the permitted
haulers with specific focus on describing the methods and benefits of source
reduction, Reuse, Recycling, and Composting (if applicable); (ii) instruct
generators on the proper method for placing materials in Containers for
Collection and setting Containers out for Collection, with specific focus on
minimizing contamination of Source Separated Recyclable Materials and
SSGCOW; (iii) clearly define Excluded Waste and educate generators
about the hazards of such materials and their opportunities for proper
handling; (iv) discourage generators from buying products if the product and
its packaging are not readily Reusable, Recyclable, or compostable; (v)
inform generators subject to Food Recovery requirements under SB 1383
Regulations of their obligation to recover Edible Food and actions they can
W]
take to prevent the creation of Food Waste; (vi) encourage the use of
compost; and, (vii) encourage generators to purchase products/packaging
made with Recycled -content materials, and in accordance with 14 CCR
Section 18985.1.
(3) On or before February 1, 2022, the permitted haulers shall develop
a list of Food Recovery Organizations and Food Recovery Services
operating within the City, maintain the list on the City's -specific website,
share the list with the City, and update the list annually. The list shall include,
at a minimum, the following information about each Food Recovery
Organization and each Food Recovery Service: name and physical
address; contact information; collection service area; and an indication of
types of Edible Food the Food Recovery Service or Food Recovery
Organization can accept for Food Recovery.
At least annually, the City's permitted haulers shall provide Commercial
Edible Food generators with the following information: information about the
City's Edible Food Recovery program; information about the Commercial
Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12,
Article 10; information about Food Recovery Organizations and Food
Recovery Services operating within the City, and where a list of those Food
Recovery Organizations and Food Recovery Services can be found; and,
information about actions that Commercial Edible Food Generators can
take to prevent the creation of Food Waste.
(4) Commencing on or before January 1, 2022, the permitted haulers
shall, at its sole expense, conduct Hauler Route reviews for Prohibited
Container Contaminants in Collection Containers in a manner that is
deemed safe by the permitted haulers; is approved by the City; and, is
conducted in a manner that results in all Hauler Routes being reviewed
annually.
The permitted haulers shall conduct Hauler Route reviews that include
inspection of the contents of Customers' Collection Containers for
Prohibited Container Contaminants in a manner such that a minimum of ten
percent (10%) of Containers on each and every Hauler Route are inspected
annually. The Containers shall be randomly selected.
The permitted haulers shall develop a Hauler Route review methodology to
accomplish the above Container inspection requirements and such
methodology shall comply with the requirements of 14 CCR Section
18984.5(b). Contractor shall submit its proposed Hauler Route review
methodology for the coming year to the City no later than January 15 of
each year describing its proposed methodology for the calendar year and
schedule for performance of each Hauler Route's annual review. Permitted
haulers' proposed Hauler Route review methodology shall include not only
its plan for Container inspections, but may or shall also include its plan for
prioritizing the inspection of Customers that are more likely to be out of
27
compliance. The City will review and approve the proposed methodology.
The permitted haulers may commence with the proposed methodology
upon approval.
If the City notifies the permitted haulers that the methodology is inadequate
to meet the requirements of 14 CCR Section 18984.5(b), the permitted
haulers shall, at its sole expense, revise the methodology and, after
obtaining the City approval, conduct additional Hauler Route reviews,
increased Container inspections, or implement other changes using the
revised procedure.
The Public Works Services or his/her designee may request, and the
permitted haulers shall accept, modifications to the schedule to permit
observation of the Hauler Route reviews by the City. In addition, the
permitted haulers shall provide an email notice to the Public Works Services
or his/her designee no less than ten (10) working days prior to each
scheduled Hauler Route review that includes the specific time(s), which
shall be within the City's normal business hours, and location(s).
Upon finding Prohibited Container Contaminants in a Container, the
exclusive and permitted haulers shall follow the contamination noticing
procedures and contaminated Container handling such that the driver or
other permitted haulers' representative shall record each event of
identification of Prohibited Container Contaminants in a written log or in the
on -board computer system including date, time, customer's address, type
of Container (Blue, Green, or Gray Container); and maintain photographic
evidence. The permitted haulers shall submit this record to their customer
service department and shall update the customer's account record to note
the event, if the documentation if the on -board computer system did not
automatically update the customer's account record.
The permitted haulers shall maintain records and report to the City monthly
on contamination monitoring activities and actions taken.
(5) The exclusive hauler and permitted haulers shall assist the City
outlined in Section 5140.3. of this Ordinance including reviewing waiver
application and inspecting the Commercial Business' or Multi -Family
premises to verify the accuracy of the application. The permitted haulers
shall provide documentation of the inspection, including the permitted
haulers' recommendation to approve or deny the waiver request, and send
this information to the City within seven (7) days of receipt of the
Commercial Business' or Multi -Family's waiver application for the City's
review and approval. The City ultimately retains the right to approve or deny
any application, regardless of the permitted haulers' recommendation. The
permitted haulers shall report information regarding waivers reviewed on a
monthly basis.
(6) The permitted haulers shall complete a compliance review of
Commercial Businesses and Multi -Family that generate two (2) cubic yards
or more per week of Solid Waste, including Organic Waste, to determine
their compliance with the Commercial Businesses and Multi -Family
requirements under the City's contamination monitoring program.
From January 1, 2022 through December 31, 2023, when compliance
reviews are performed by the permitted haulers pursuant to the above
section, the permitted haulers shall provide educational materials in
response to violations. The permitted haulers shall provide these
educational materials to the non-compliant Commercial Businesses and
Multi -Family within seven (7) days of determination of non-compliance or
immediately upon determination of non-compliance if such non-compliance
is determined during an inspection or Hauler Route review. The permitted
haulers shall document the non-compliant Commercial Businesses and
Multi -Family and the date and type of education materials provided and
shall report such information to the City. Beginning January 1, 2024, the
permitted haulers shall, in addition to providing the education materials
described in this subsection, document non-compliant Commercial
Businesses and Multi -Family determined through permitted haulers'
compliance reviews outlined above and shall report all Commercial
Businesses and Multi -Family with violations of SB 1383 Regulations to the
City. The City shall be responsible for subsequent enforcement action
against the Commercial Businesses and Multi -Family.
(b) Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in -vessel digestion facilities,
and publicly -owned treatment works shall, upon the City's request, provide
information regarding available and potential new or expanded capacity at
their facilities, operations, and activities, including information about
throughput and permitted capacity necessary for planning purposes.
Entities contacted by the City shall respond within 60 days.
(2) Community Composting operators, upon the City's request, shall provide
information to the City to support Organic Waste capacity planning,
including, but not limited to, an estimate of the amount of Organic Waste
anticipated to be handled at the Community Composting operation. Entities
contacted by the City shall respond within 60 days.
Papers were not provided.
5140.7. Inspections and Investigations.
(a) City representatives and/or its designated entity, including Designees are
authorized to conduct Inspections and investigations, at random or otherwise, of any
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collection container, collection vehicle loads, or transfer, processing, or disposal facility
for materials collected from generators, or Source Separated materials to confirm
compliance with this chapter by Organic Waste Generators, Commercial Businesses,
Multi -Family , property owners, Commercial Edible Food Generators, Self -Haulers,
hauler, Food Recovery Service, and Food Recovery Organizations, subject to applicable
laws. This Section does not allow the City to enter the interior of a private residential
property for Inspection. For the purposes of inspecting Commercial Business and Multi -
Family containers for compliance with Sections 5140 or 5140.2, the City may conduct
container Inspections for Prohibited Container Contaminants using Remote Monitoring,
and Commercial Businesses and Multi -Family shall accommodate and cooperate with the
Remote Monitoring pursuant to Sections 5140 or 5140.2.
(b) The regulated entity shall provide or arrange for access during all
Inspections (with the exception of residential property interiors) and shall cooperate with
the City's employee or its designated entity/Designee during such Inspections and
investigations. Such Inspections and investigations may include confirmation of proper
placement of materials in containers, Edible Food Recovery activities, records, or any
other requirement described herein. Failure to provide or arrange for: (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 5140.8.
(c) Any records obtained by the City during its Inspections, Remote Monitoring,
and other reviews shall be subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in Government Code Section 6250 et
seq.
(d) City representatives, its designated entity, and/or Designee are authorized
to conduct any Inspections, Remote Monitoring, or other investigations as reasonably
necessary to further the goals of this chapter, subject to applicable laws.
(e) City shall receive written complaints from persons regarding an entity that
may be potentially non-compliant with SB 1383 Regulations, including receipt of
anonymous complaints.
5140.8. Enforcement.
Violation of any of the provisions of this Chapter is unlawful and an offense. Such
violations are punishable as provided by Chapter 4A. Any notice of violations and
associated fines imposed shall follow the process and meet the minimum amounts
required by applicable law, including the SB 1383 Regulations. This Chapter shall only
be enforceable on federal, state, and local entities to the extent of the City's regulatory
authority.
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