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HomeMy WebLinkAbout05 - Solid Waste and Divertible Material Container and Bulky Item RequirementsQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 30, 2021 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Micah Martin, Deputy Public Works Director mmartin@newportbeachca.gov PHONE: 949-644-3055 TITLE: Ordinance No. 2021-25: Solid Waste and Divertible Material Container and Bulky Item Requirements ABSTRACT: City of Newport Beach (City) staff has been working in coordination with the City Council Solid Waste Working Group to meet the new requirements imposed by the California Department of Resource Recycling and Recovery's (CalRecycle) implementation of Senate Bill 1383 (SB 1383). To do so, Newport Beach Municipal Code (NBMC) Chapter 6.04 (Garbage, Refuse and Cuttings), Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs) from Title 6, Health and Sanitation, and Chapter 14.17 (Water -Efficient Landscaping) from Title 14, Water and Sewers will need to be amended. Updates to NBMC Chapter 6.04 will improve operations and general city cleanliness, and will reduce costs by requiring that all waste and recycling material must be placed within the appropriate provided collection carts. Updates to NBMC Chapter 6.06 will codify enforcement to achieve the State of California's goal of achieving 75 percent organic waste diversion by 2025 and establishing mandated food recovery programs to help feed people in need. Updates to Chapter 14.17 will contribute to additional water -efficient landscaping and water savings by incorporating more composting and mulching into landscape projects that, in turn, will improve water conservation, carbon sequestration, erosion control and storm water management. On November 16, 2021, the City Council held a public hearing to consider adopting Ordinance No. 2021-25 amending Chapter 6.04 (Garbage, Refuse, Cuttings), Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs) and Chapter 14.17 (Water -Efficient Landscaping) of the Newport Beach Municipal Code. For the City Council's consideration is the adoption of Ordinance No. 2021-25, granting the amendment to municipal code chapters 6.04, 6.06, and 14.17. 5-1 Ordinance No. 2021-25: Solid Waste and Divertible Material Container and Bulky Item Requirements November 30, 2021 Page 2 RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2021-25, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 6.04 (Garbage, Refuse, Cuttings), Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs), and Chapter 14.17 (Water -Efficient Landscaping) of the Newport Beach Municipal Code Necessary to Implement Senate Bill 1383 (Short -Lived Climate Pollutant Reduction Act of 2016) State Mandates. DISCUSSION: In September 2016, the State of California (State) signed into law SB 1383, establishing methane emission reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants. This resulted in CalRecycle establishing targets to achieve a 50 percent reduction in statewide disposal of organic waste from the 2014 level by the year 2020, and a 75 percent reduction by the year 2025. SB 1383 is the most significant waste reduction mandate to be adopted in the state in the last 30 years, and requires all jurisdictions to implement a mandatory organics recycling ordinance by January 1, 2022. This legislation requires all businesses, residents and multi -family apartments to have access to recycling programs that capture food scraps and landscaping waste, among other organic waste materials. SB 1383 builds upon Assembly Bill 1826 (AB 1826), which went into effect on April 1, 2016. AB 1826 required any business generating two or more cubic yards of solid organic waste per week, and multi -family properties with five or more units, to recycle their organic waste (under AB 1826, multi -family properties are only required to recycle landscape debris). Additionally, AB 1826 required the City to implement an organic waste recycling program, which includes identifying non-compliant businesses and notifying them of these new organic recycling requirements. In September 2019, the City Council approved NBMC updates based off AB 1826, effective January 1, 2020. This resulted in a successful implementation of an organic waste program by the City's non-exclusive, commercial franchise haulers. Since January 1, 2020, the City has worked diligently to put a plan in place to meet the compliance requirements of SB 1383. Part of that plan is to update NBMC Chapter 6.06 from Title 6 per SB 1383 requirements. The proposed municipal code updates will meet the primary goals of SB 1383, which are the codification of enforcement to achieve the State's 75 percent organic waste diversion goal by 2025 and to establish food recovery programs to help feed people in need. All changes associated with SB 1383 can be found in Attachment B. 5-2 Ordinance No. 2021-25: Solid Waste and Divertible Material Container and Bulky Item Requirements November 30, 2021 Page 3 In a parallel effort, the City Council Solid Waste Working Group has been looking at ways to improve program efficiency and reduce both program costs and impacts to residents through incorporation of new or improved collection and processing methods or technologies. The City Council directed staff to proceed with preparation of an amended Residential Solid Waste Franchise contract with CR&R to replace the two existing Residential Solid Waste Collection & Recycling Contracts (C-5649 & C-3942). In the preparation of an amended residential solid waste collection contract, staff asked CR&R to provide pricing based on industry standards. Industry standards include requiring that all waste and recycling material be placed within the appropriate provided collection carts, or "containerized". This means the hauler would no longer manually collect waste placed on the ground in streets or alleyways outside of trash cans so as to further automate the collection process, increase the amount of materials being recycled, and to enable organics to be processed in the least expensive, acceptable option. Updating requirements in NBMC Chapter 6.04 for residents to containerize their waste will improve program efficiency and has been identified as cost saving in the negotiations process with CR&R for the amended combination of contracts C-5649 and C-3942. This will also provide improved sanitation and cleanliness on city streets and alleys by deterring pests, reducing waste contaminant runoff, and preventing scattering of loose debris by wind or other sources. Proposed changes to the NBMC related to containerization can be found in Attachment C. An additional requirement per SB 1383 is related to the enforcement of water -efficient landscaping projects. SB 1383 Article 8 requires the implementation of the Model Water Efficient Landscape Ordinance (MWELO). MWELO sets standards for new development and retrofitted landscape projects to improve water conservation, carbon sequestration, erosion control, storm water management as well as provide habitat for beneficial insects and other wildlife. FISCAL IMPACT: Containerization improves operations, allowing for more efficient refuse collection. Negotiated contract pricing with CR&R is based on containerization. If the proposed amendments to NBMC Chapter 6.04 are not adopted, contract pricing would be higher and require additional negotiation. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 5-3 Ordinance No. 2021-25: Solid Waste and Divertible Material Container and Bulky Item Requirements November 30, 2021 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Ordinance No. 2021-25 Attachment B — Newport Beach Municipal Code Chapter 6.06 and 14.17 Redlines Attachment C — Newport Beach Municipal Code Chapter 6.04 Redlines 5-4 ATTACHMENT A ORDINANCE NO. 2021-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 6.04 (GARBAGE, REFUSE AND CUTTINGS), CHAPTER 6.06 (STATE MANDATED MUNICIPAL SOLID WASTE DIVERSION PROGRAMS), AND CHAPTER 14.17 (WATER -EFFICIENT LANDSCAPING) OF THE NEWPORT BEACH MUNICIPAL CODE NECESSARY TO IMPLEMENT SENATE BILL 1383 (SHORT-LIVED CLIMATE POLLUTANT REDUCTION ACT OF 2016) STATE MANDATES WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California,- WHEREAS, alifornia; WHEREAS, Assembly Bill 341 of 2011 requires businesses and multi -family property owners that generate a specified amount of solid waste to arrange for recycling services and the City to implement a mandatory commercial recycling program; WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi -family property owners that generate a specified amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste and requires the City to implement a recycling program to divert organic waste; WHEREAS, Senate Bill 1383, the Short -Lived Climate Pollutant Reduction Act of 2016, establishes methane gas emission reduction targets in a number of ways including requiring residences and commercial businesses to participate in organic waste collection and reduction programs; and WHEREAS, this ordinance implements the requirements of Senate Bill 1383. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows - 5 -5 Ordinance No. 2021-25 Page 2 of 4 Section 1: Section 6.04.010 (Purpose and Intent), Section 6.04.020 (Definitions), Section 6.04.060 (Collection of Solid Waste), Section 6.04.080 (Solid Waste and Divertible Material Container and Bulky Item Requirements), Section 6.04.090 (Commercial and Multifamily Bin and Wheeled Cart Requirements), Section 6.04.110 (Accumulation Limitation), Section 6.04.120 (Storage and Placement of Containers or Bulky Items for Collection), and Section 6.04.130 (Administration of Collection Service) of the Newport Beach Municipal Code ("NBMC") are hereby amended as provided in Exhibit "A," which is attached hereto and incorporated herein by reference. All other provisions of Chapter 6.04 (Garbage, Refuse and Cuttings) shall remain unchanged. Section 2: Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Program) of the NBMC is hereby repealed and replaced in its entirety with Exhibit "B," which is attached hereto and incorporated herein by reference. Section 3: Sections 14.17.005 (Purpose), 14.17.010 (Definitions), 14.17.020 (Applicability) and 14.17.030 (Landscape Water Use Standards) of the NBMC are hereby amended as provided in Exhibit "C," which is attached hereto and incorporated herein by reference. All other provisions of Chapter 14.17 (Water -Efficient Landscaping) shall remain unchanged. Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 5-6 Ordinance No. 2021-25 Page 3 of 4 Section 6: The action proposed herein is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Sections 15060(c)(2), 15060 (c)(3), 15061(b)(3) and 15308 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is not a project under CEQA, will not result in a direct or reasonably foreseeable indirect change to the environment and does not have the potential for causing a significant effect on the environment. Additionally, the proposed ordinance is categorically exempt in accordance with Section 15308 which exempts actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The City's enactment of the proposed ordinance in accordance with the state mandates on the diversion of solid waste will protect the environment with the reduction in greenhouse gas emissions. Section 7: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. 5-7 Ordinance No. 2021-25 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 16th day of November, 2021, and adopted on the 30th day of November, 2021, by the following vote, to -wit - AYES: NAYS: ABSENT: BRAD AVERY, MAYOR ATTEST: LEIL4N1 I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARQN C. HARP, OTY ATTORNEY ATTACHMENT(S): Exhibit A — Chapter 6.04 (Garbage, Refuse and Cuttings) Exhibit B — Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs) Exhibit C — Chapter 14.17 (Water -Efficient Landscaping) 5-8 ORDINANCE NO. 2021-25 EXHIBIT "A" TITLE 6 HEALTH AND SANITATION CHAPTER 6.04 GARBAGE, REFUSE AND CUTTINGS 6.04.010 Purpose and Intent. 6.04.020 Definitions. 6.04.060 Collection of Solid Waste. 6.04.080 Solid Waste and Divertible Material Container and Bulky Item Requirements. 6.04.090 Commercial and Multifamily Bin and Wheeled Cart Requirements. 6.04.110 Accumulation Limitation. 6.04.120 Storage and Placement of Containers or Bulky Items for Collection. 6.04.130 Administration of Collection Service. 6.04.010 Purpose and Intent. The City Council finds and declares that the regulations contained in this chapter are necessary and appropriate to protect the health, safety and welfare of the citizens of the City by providing minimum standards for the safe and sanitary collection, storage, and transportation of solid waste and divertible materials generated within the City. 6.04.020 Definitions. For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined in Chapter 6.06 shall have the same meanings herein unless expressly defined in this chapter. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. "Beach" means and includes all the shore of the Pacific Ocean lying southerly of the most southerly line of the public street nearest and parallel to the ocean and all the shore of the harbor and any bay or channel in the City. "Bin" means an open top, rectangular container with wheels, with attached plastic or metal lid(s), used for storage of solid waste, recyclable materials, green waste, wood, food 1 5-9 scraps, construction and demolition debris or other materials, that is provided by the City or a waste hauler authorized by the City. "Cart" means a solid waste, recyclable materials, green waste or food scraps container with a hinged lid and wheels collected by an automated or semi -automated truck, which come in a variety of sizes including, but not limited to, a capacity of twenty-two (22) to twenty-five (25) gallons, thirty-two (32) to thirty-five (35) gallons, sixty-two (62) to sixty- five (65) gallons and ninety (90) to ninety-five (95) gallons, that is provided by the City or a waste hauler authorized by the City. "Garbage, refuse, and cuttings" shall have the same definition as set forth in the applicable portions of Ordinance 1403, adopted on November 8, 1971, and Ordinance 1558 adopted March 25, 1974. "Green waste" means trimmings from trees or shrubs, plants, grass cuttings, or removed or discarded branches, shrubs, plants, leaves or other materials generated from landscapes or gardens. "Municipal solid waste" or "MSW" means putrescible and nonputrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris which shall be separated and segregated from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2) low-level radioactive waste regulated under California Health and Safety Code Sections 114960, et seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 117600, et seq. "Public solid waste container" and "public recyclable material container" shall mean all solid waste and divertible/recyclable material containers suitable for the storage and collection of solid waste or divertible/recyclable material which are procured, placed and maintained on public property in accordance with this chapter. "Recyclable material" or "recyclables" means material which otherwise would become, or be treated as, municipal solid waste but which, by means of a process of collecting, sorting, cleansing, treating, and/or reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the market place. "Recyclable material" includes single - 2 5-10 stream recyclable materials and single material recyclables. Recyclable materials includes, but is not limited to, paper, books, magazines, cardboard boxes, plastics, metals, glass, and other similar materials authorized by the City for collection. Recyclable material does not include green waste, wood waste, food scraps or construction and demolition debris. 6.04.060 Collection of Solid Waste and Divertible Materials. A. All solid waste or divertible materials placed in the vicinity of any curb or alley for collection purposes shall become the property of the City, a sanitary district, or a private collector licensed or contracted by the City. B. No person, except an individual acting within the course and scope of their agency or employment with the City, a sanitary district, or a private collector licensed or contracted by the City, shall remove from any place or premises in the City, or transport over public streets, any solid waste, or divertible materials. C. No person shall enter onto private property for the purpose of collecting or inspecting solid waste or divertible material except the owner, occupant, manager, person in control of the premises, or a person employed to do so by the City, a sanitary district, or private collector licensed or contracted by the City to perform this service who is then acting within the course and scope of their agency or employment. D. No person shall knowingly aid and abet another person in committing a violation of subsection (A), (B), or (C) of this section. A person is guilty of aiding and abetting another person in committing a violation of subsection (A), (B), or (C) of this section if the person knows of the other person's unlawful purpose and the person specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of a violation of subsection (A), (B), or (C) of this section. E. The provisions of this section shall not prohibit: 1. Any person, with the permission and consent of the property owner, from gathering and removing solid waste, construction and demolition debris, green waste and/or wood waste generated by construction, landscaping or gardening on the property when the solid waste and/or divertible material have not been set out for collection by the City, a sanitary district, or a private collector licensed or contracted by the City; provided, that such activities are in compliance with all provisions of this Code including, but not limited to, the provisions of Chapter 6.06; 3 5-11 2. Any person from removing solid waste generated on property owned or controlled by that person; 3. The immediate removal by any person of solid waste, food scraps, and other divertible material which the Health Officer, Code Enforcement Supervisor, City Manager or his/her designee, Fire Chief, Building Official or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare; 4. Any entity, person or organization from collecting recyclables that have been donated or sold to such entity by the person owning or controlling the premises where the recyclables were generated, in any manner which does not conflict with this chapter or any other provision of this Code; or 5. Any person engaged in the business of destruction of secret, confidential or sensitive documents from collecting, shredding, destroying, recycling and/or disposing of those documents, provided the transport of the documents is incidental to the document destruction or disposal service. 6.04.080 Solid Waste and Divertible Material Container and Bulky Item Requirements. A. Container requirements for solid waste and divertible material vary throughout the City depending upon location and the solid waste and divertible material collector servicing the area. If a container is collected by automated equipment, the container shall not exceed the weight limit provided on the container, including contents. If a container is collected without automated equipment, the container shall not exceed fifty (50) pounds in weight, including contents. All solid waste and divertible material set out for collection shall satisfy one or more of the following requirements: 1. All municipal solid waste and divertible material shall be placed in a container provided by a permitted contractor or allowed by, the City, for use in the specific area the container is provided or used. Materials placed inside a container shall allow complete closure of the lid of the container, otherwise, such materials shall be considered noncontainerized. Solid waste or divertible material—with the exception of bulky items— shall not be placed on the ground, in a bag, or in a box; 2. Bulky item collection (e.g., an item that does not fit within an approved container) varies according to the agreement the City, a sanitary district, or a private community has with a private collector licensed, permitted or contracted by the City. Bulky items shall be placed in accordance with the bulky item collection 4 5-12 rules and regulations specific to the various areas of the City, which shall be posted on the City's website. B. No person shall place any municipal solid waste, divertible material or bulky item on public property for collection unless the municipal solid waste and/or divertible materials are in a container that fully complies with subsection (A) of this section. 6.04.090 Commercial and Multifamily Bin and Wheeled Cart Requirements. Any person who owns, leases, controls, or has charge of any business or multifamily dwelling, which utilizes commercial solid waste bins or wheeled carts for the storage of solid waste, recyclables, green waste, wood waste, food scraps and/or construction and demolition debris shall ensure: A. The bin and/or wheeled cart is equipped with a lid or cover sufficient to prevent: 1. Odor from escaping the container; 2. Flies and other insects from coming into contact with the contents of the container; 3. The contents from leaving the interior of the container; and 4. Rain or water from entering the interior of the container. B. The frequency of collection of solid waste, green waste, wood waste and food scraps accumulated in the bins and wheeled carts is consistent with the timeframes set forth in Chapter 6.06. Commercial businesses and multifamily dwellings may place baled cardboard, other baled divertible materials, and flattened cardboard in piles or stacks on loading docks, in container enclosures, and beside or near containers if authorized by the City, a permitted contractor or recyclable materials collector. Piles or stacks of cardboard shall not be placed on top of carts or bins. C. Each bin and cart is maintained in a clean and sanitary manner. D. The lids to the bins or wheeled carts are closed at all times except when solid waste or divertible material is being deposited, the storage area is clean and free of trash and debris, and all oil, grease, fluid and other items are contained within the bin or wheeled cart storage area. 5 5-13 E. The storage area is cleaned or power washed, as needed, to keep the area free of grease, oils, fluids, stains or odors. 6.04.110 Accumulation Limitation. No person who owns, leases, controls, occupies or has charge of any premises shall permit solid waste, green waste, wood waste or food scraps to accumulate for a period in excess of one calendar week, or recyclables to accumulate for a period in excess of fourteen days. No person shall fail, refuse or neglect to place such solid waste and divertible material for collection in accordance with schedules established therefor, the provisions of this chapter, the provisions of Chapter 6.06, and rules and regulations established pursuant thereto. 6.04.120 Storage and Placement of Containers or Bulky Items for Collection. A. Storage of Containers or Bulky Items. Containers or bulky items shall be stored in a garage, carport, trash enclosure, or in the side yard, and beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line except when the containers or bulky items are placed out for collection. B. Placement for Collection. I. Containers or bulky items shall be placed for collection in a location easily accessible to the solid waste and divertible material collector such as the streetside of the adjacent sidewalk, in the parkway, or in driveways and adjacent to the curb line. Containers or bulky items shall be placed in the street in a manner that does not impede traffic. 2. If solid waste is collected from an alley abutting the premises, containers or bulky items shall be placed for collection as close to the alley property line as feasible and on private property. In any alley where a yellow line has been painted by City to demarcate private from public property, containers or bulky items shall be placed adjacent to the yellow line on the private property side. Containers or bulky items shall not be placed more than eight feet onto private property as measured from the alley property line or placed in a manner which could obstruct vehicular travel through the alley. R 5-14 3. Unless an exception applies or other arrangements have been made with the solid waste and divertible material collector serving an area, containers or bulky items shall not be considered placed for collection and solid waste and divertible material will not be collected unless the containers or bulky items are removed from any enclosure, structure, cabinet, cart or shelf. 4. Containers or bulky items shall be placed for collection at residences before 6:30 a.m. on collection days and at businesses before 5:00 a.m. Containers or bulky items shall not be placed for collection at residences or businesses earlier than 7:00 p.m. the day preceding the collection day, and containers shall be relocated to their required storage place as soon as possible after collection, but no later than 6:30 p.m. of the day of collection. C. The owner and tenant shall be responsible for the placement of containers or bulky items; provided, however, the occupant of any dwelling unit for which a short-term lodging permit has been issued by the City shall not be responsible for compliance with this section. 6.04.130 Administration of Collection Service. The City Manager or designated representatives shall administer the provisions of this chapter. In carrying out this responsibility, he or she shall have the following powers and duties: A. Establish the routes, hours and days of collection and he or she may change the same as he or she deems necessary, and shall give notice of such routes, hours, days and changes as seems advisable. B. Establish rules and regulations consistent with this chapter governing storage, collection and disposal of solid waste and collection and diversion of recyclables, green waste, wood, food scraps and other material including the determination of standards and specifications for approved containers and the placement of containers. The rules may permit special containers or bins when the quantity or the nature of the material to be collected so requires. C. Establish additional rules and regulations consistent with this chapter as may be necessary, reasonable and proper to effect the sanitary, expedient, economical and efficient collection, removal and disposal of solid waste and diversion of recyclables, green waste, wood, food scraps and other materials. 7 5-15 ORDINANCE NO. 2021-25 EXHIBIT "B" TITLE 6 HEALTH AND SANITATION CHAPTER 6.06 STATE MANDATED MUNICIPAL SOLID WASTE DIVERSION PROGRAMS 6.06.005 Purpose and Intent. 6.06.010 Definitions. 6.06.020 Diversion of Recyclable Materials. 6.06.030 Diversion Requirements for SB 1383 Single -Family Generators. 6.06.040 Diversion Requirements for SB 1383 Commercial Generators. 6.06.050 Use of Green Waste and/or Wood Waste as Alternative Daily Cover Prohibited. 6.06.060 Full Participation in Diversion Programs Required. 6.06.070 Self -Hauler Requirements. 6.06.080 Reporting, Inspections, and Compliance Verification. 6.06.090 Tenant Participation in Diversion Programs. 6.06.100 Diversion Programs Required at Special Events. 6.06.110 Requirements for Commercial Edible Food Generators. 6.06.120 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies. 6.06.130 Requirements for Waste Haulers, Facility Operators and Community Composting Operations. 6.06.140 Waivers. 6.06.150 Enforcement. 6.06.160 Disclaimer of Liability. 6.06.005 Purpose and Intent. The City Council finds and declares that the regulations contained in this chapter are necessary and appropriate to protect the health, safety and welfare of the citizens of the City by providing minimum standards for the safe and sanitary collection, storage, and transportation of solid waste, food scraps, green waste, wood and recyclable materials generated within the City and the diversion of food scraps, green waste, wood and recyclable materials from the landfill. 1 5-16 6.06.010 Definitions. For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined in Chapter 6.04 shall have the same meanings herein unless expressly defined in this chapter. Any undefined term shall have the same meaning as that term is defined in the City's agreement(s) with solid waste haulers for the disposal of residential and commercial municipal solid waste and divertible materials and Chapter 3 of Title 14 of the California Code of Regulations. In the event of any inconsistency between the definitions in the City's agreement(s) and the California Code of Regulations, the City's agreement(s) with solid waste haulers for the disposal of residential municipal solid waste and divertible materials shall apply. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. "AB 341 dirty materials recovery facility" or "AB 341 dirty MRF" means a facility, or that certain portion of a facility, that processes municipal solid waste to separate recyclable materials for sale to end users. "AB 341 generator" means all municipal solid waste generators required by AB 341 to divert recyclable materials generated on site from disposal, including: (A) all businesses located and operating within the City, and the responsible parties, property owners, owners, operators, property managers, tenants and lessees of same, that generate four or more cubic yards of municipal solid waste per week; including, but not limited to, retail stores, restaurants, offices, supermarkets, convenience stores, malls, strip malls, service businesses, hospitals, assisted living facilities, and Federal, State and local government facilities; (B) multifamily residential dwellings consisting of five units or more regardless of the amount of municipal solid waste generated; (C) the City, its facilities, and its nonresidential properties; and (D) special events that take place within the City that generate four or more cubic yards of municipal solid waste per event, whether or not sponsored by the City. "Alternative daily cover" or "ADC" means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, flies, fires, odors, blowing litter and scavenging. "CalRecycle" means the California Department of Resources Recycling and Recovery or any successor agencies. "Commercial business" or "commercial" means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Oj 5-17 Section 18982(a)(6). A multi -family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this ordinance. "Commercial edible food generator" means a tier one commercial edible food generator or tier two commercial edible food generator or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For 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). "Compost appliance" means an enclosed on-site device that utilizes aerobic microbial digestion of food scraps. "Construction and demolition debris" and/or "C&D" means all inert material of every nature, description or kind, which has resulted from the building or demolition of a structure, pavements, sidewalks, curbs, gutters and other concrete structures, including all lumber scraps, shingles, plaster, sheetrock, packaging, rubble, brick, stone, concrete, asphalt, dirt, rock and other building materials. "Container" means any object designed and used to hold or store municipal solid waste, recyclable materials, food scraps, green waste, or construction and demolition debris. "Container" includes, but is not limited to, carts, bins, open top roll off boxes, and compactors. "Contamination" means materials which are not specified for collection in particular carts or for processing at any processing facility and which would either interfere with such processing or reduce the quality and value of recovered materials. For example, metals and plastics constitute "contamination" if placed in a cart designated for food scraps and green waste. Tree trimmings constitute "contamination" if placed in a cart designated for recyclable materials. Contamination of municipal solid waste means the presence of divertible materials in the cart designated for municipal solid waste such as recyclable materials, food scraps, and/or yard trimmings. "Director" means the Director of the Public Works Department or his or her designee. "Diversion" or "divert" means any combination of recycling, sorting, composting and/or other processing activities conducted at a clean materials recovery facility, a compost facility, an anaerobic digestion facility, a bioengineered feedstock facility, a construction and demolition debris processing facility or another City -approved processing facility in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or otherwise return the materials to the economic marketplace and to prevent the materials from being disposed of in a landfill. 3 5-18 "Divertible materials" or "divertible" means recyclable materials, food scraps, green waste, wood, construction and demolition debris, food soiled paper if directed by the City, electronic waste, universal waste, and all other materials that may be diverted from landfill disposal and includes, but is not limited to, all materials required to be diverted from landfill disposal by the City, CalRecycle or any State or Federal agency. "Edible food for human consumption" or "edible food" means food that has been prepared but not served, and includes but is not limited to: any appetizer, soup, salad, entree, dessert, raw fruit and vegetables that may or may not have been sliced, grated, cooked, baked or otherwise prepared for consumption but not served; any packaged sandwich, salad, fruit and fruit salad; and other nonserved food that meets State and local requirements as being edible for human consumption. "Food distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores. "Food facility" shall have the same meaning as that term is defined in Section 113789 of the California Health and Safety Code. "Food recovery" shall have the same meaning as that term is defined in 14 CCR Section 18982(a)(24). "Food recovery organization" means an entity that collects or receives edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to a: (1) food bank as defined in Section 113783 of the Health and Safety Code; (2) nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (3) nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. For purposes of this chapter, a food recovery organization is not a commercial edible food generator for the purposes of this chapter. "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. For purposes of this chapter, a food recovery service is not a commercial edible food generator. "Food scraps" means discarded material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from municipal solid waste and includes surplus or unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables, culls, and plate scrapings. Food scraps include, food from food facilities as defined in California 4 5-19 Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), grocery stores, farmer's markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential food scraps. For purposes of this chapter, "food scraps" does not include edible food for human consumption that is donated or sold or food soiled paper. "Food service provider" shall have the same meaning as that term is defined in 14 CCR Section 18982(a)(27). "Food soiled paper" means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags, cardboard and wax -coated cardboard produce boxes that are contaminated with food scraps. For purposes of this chapter, "food soiled paper" does not include aluminum foil, foil -lined wrap, plastic wrap, polystyrene, expanded polystyrene or diapers. "Generator" means an AB 341 generator or SB 1383 generator. "Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruit 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). "Large event" means an event that charges an admission price, or is operated by a local agency, and serves an average of 2,000 or more individuals per day of operation of the event, at a location including, but 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. "Large venue" means a permanent venue facility that annually seats or serves an average of 2,000 or more individuals per day of operation of the venue facility. For purposes of this Chapter, 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, 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 .7 5-20 definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply. "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 municipal solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40). "Multifamily residential dwelling" or "multi -family" means of, from, or pertaining to residential premises with five or more dwelling units. Multi -Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. "Municipal solid waste" or "MSW' means putrescible and nonputrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris which shall be separated and segregated from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2) low-level radioactive waste regulated under California Health and Safety Code Sections 114960, et seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 117600, et seq. "Permitted processing facility" means a processing facility for diverted materials that holds all required Federal, State, and local permits and is operating in accordance with all permit requirements including, but not limited to, materials recovery facilities (clean MRFs), mixed waste processing materials recovery facilities (dirty MRFs), composting facilities, anaerobic digestion facilities, publicly owned treatment works that accept food scraps and/or bioengineered feedstock for digestion, and processing facilities for construction and demolition debris. "Recyclable materials" shall have the same meaning as that term is defined in Section 6.04.020. "Responsible party" means property owners, business owners, property managers, property management firms and business managers as well as the person(s) that subscribes to and pays for municipal solid waste and/or divertible materials collection service for a premises or business located within the City, or that otherwise arranges for removal of municipal solid waste and/or divertible material from the business premises R 5-21 and that has the legal authority to compel generators to comply with the requirements of this chapter. "Self -hauler" means a person, who transports municipal solid waste, food scraps, green waste and/or recyclable materials by the person who generated the municipal solid waste, food scraps, green waste and/or and/or recyclable materials, or by the owner or manager of a premises at which the materials and/or municipal solid waste were generated to another person. Self -hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul means generating and transporting waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). "SB 1383 generator" means all entities that generate food scraps, green waste, wood and other material that can be collected, recovered, and recycled into new products including compost, biofuel, or electricity, as codified in Public Resources Code Section 42652, in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. "Single-family" means of, from, or pertaining to any residential premises with fewer than five units. "Special event" means a temporary gathering for a specific event or purpose such as concerts, fairs, festivals, swap meets, athletic events, boat shows, fireworks displays, and outdoor weddings, which requires a Level 2 or Level 3 City permit pursuant to Chapter 11.03. "Tier one commercial edible food generator" means a commercial edible food generator that is a supermarket, grocery store with a total facility size equal to or greater than 10,000 square feet, food service provider, food distributor, or 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. "Tier two commercial edible food generator" means a commercial edible food generator that is a restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; hotel with an on-site food facility and 100 or more beds; health facility with an on-site food facility and 100 or more beds; large venue; large event; State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or local education agency facility with an on-site food facility. "Wholesale food vendor" shall have the same meaning as that term is defined in 14 CCR Section 18982(a)(76). 7 5-22 "Wood waste" or "wood" means all nonhazardous wood material that is not painted with lead-based or other paints containing materials identified as hazardous, or treated with creosote or other hazardous materials and includes, but is not limited to, tree branches and other wood trimmings, dimensional lumber and other pieces of wood generated during the manufacture or processing of wood products, and the wood debris from construction and demolition activities. 6.06.20 Diversion of Recyclable Materials. A. An AB 341 generator shall divert all recyclable materials generated at their premises by one or more of the following methods, and shall fully participate in the method(s) selected: 1. Separate all recyclable materials from other municipal solid waste and subscribe to a recyclable materials collection service a minimum of once a week from a City -authorized franchisee and fully participate in the diversion program provided by the franchisee; 2. Separate recyclable materials from other municipal solid waste; and a. Self -haul the recyclable materials to a permitted recycling center or a permitted processing facility for diversion; or b. Donate or sell the recyclable materials to a recycling business that collects and/or accepts the materials for recycling as described in Section 12.63.150(B); and/or 3. Subscribe to a recycling service offered by a City -authorized franchisee that uses a City -approved AB 341 dirty MRF to separate recyclable materials from other municipal solid waste that yields diversion results comparable to source separation. B. For purposes of this section, to be considered as fully participating while utilizing a City -authorized franchisee, an AB 341 generator shall comply with all requirements in Section 6.06.060 or subscribe to a recycling service offered by a City -authorized franchisee that uses a City -approved AB 341 dirty MRF to separate recyclable materials from other municipal solid waste that yields diversion results comparable to source separation. E 5-23 6.06.030 Diversion Requirements for SB 1383 Single -Family Generators. Except SB 1383 single-family generators that meet the self -hauler requirements in Section 6.06.070, an SB 1383 single-family generator shall comply with the following requirements: A. Subscribe to the City's waste collection services and comply with the requirements described in subsection (B) of this section. The City shall have the right to review the number and size of a SB 1383 single-family 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 the collection service levels as requested by the City. SB 1383 single-family generators may additionally manage waste by preventing or reducing their food scraps, green waste, and wood waste, managing such waste on-site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c); and B. Participate in the City's divertible materials collection services by placing food scraps in the container designated for food scraps, recyclable materials in the container designated for recyclable materials, green waste and wood waste in the designated container, and all other municipal solid waste in the designated container. For purposes of this section, to be considered as fully participating while utilizing a City -authorized franchisee, an SB 1383 generator shall comply with all requirements in Section 6.06.060. 6.06.040 Diversion Requirements for SB 1383 Commercial Generators. Generators that are SB 1383 commercial businesses, including multi -family residential dwellings, shall: A. Subscribe to the City's waste collection services for all such waste generated and comply with requirements of those services as described in subsection (B) of this section, except for SB 1383 commercial generators that meet the self -hauler requirements in Section 6.06.070. The City shall have the right to review the number and size of a SB 1383 commercial 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. Commercial businesses shall adjust their service level for their collection services as requested by the City, separate all recyclable materials from other municipal solid waste and subscribe to a recyclable materials collection service through a City -authorized franchisee a minimum of once a week; X 5-24 B. Except commercial businesses that meet the self -hauler requirements in Section 6.06.070, participate in the City's divertible materials collection service(s) by placing food scraps in the container designated for food scraps, recyclable materials in the container designated for recyclable materials, green waste and wood waste in the designated container, and all other municipal solid waste in the designated container. For purposes of this section, to be considered as fully participating while utilizing a City -authorized franchisee, an SB 1383 generator shall comply with all requirements in Section 6.06.060. 6.06.050 Use of Green Waste and/or Wood Waste as Alternative Daily Cover Prohibited. A. Any person collecting green waste or wood waste in City shall compost the green waste and/or wood waste on site or deliver the green waste and/or wood waste to a permitted green waste and/or wood waste processing facility for diversion. B. No generator of green waste and/or wood waste shall permit any green waste or wood waste collected in City to be used as alternative daily cover at a landfill as an end use including, but not limited to, green waste and wood waste processed at a permitted processing facility. 6.06.060 Full Participation in Diversion Programs Required. A generator shall fully participate in the diversion program(s) the generator selects for their premises such that all the following requirements are met: A. Except commercial businesses that meet the self -hauler requirements in Section 6.06.070, participate in the City's food scraps, green waste and recyclable materials collection services by placing food scraps and waste including food scraps in the designated container designated for green waste, recyclable materials in the container designated for recyclables, and all other municipal solid waste in the designated container. B. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors that clearly identify the designated container(s) for food scraps, green waste, recyclable materials, and all other municipal solid waste for employees, contractors, tenants, and customers. If self -hauling, the SB 1383 commercial business shall comply with the self -hauler requirements set forth in Section 6.06.070. C. Excluding multi -family residential dwellings, provide containers for the collection of food scraps, green waste and recyclable materials in all indoor and outdoor areas where T 5-25 disposal containers are provided for customers, for materials generated by that business. Such containers are not required in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the commercial business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either: 1. A body or lid that conforms with the container colors provided through the collection service provided by the City or its authorized solid waste franchise hauler, 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, and 2. 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. D. Multi -family residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection (C) of this section, pursuant to 14 CCR Section 18984.9(b). E. 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 or, if self -hauling, per the commercial business' instructions to support its compliance with its self -haul program in accordance with Section 6.06.070. F. Excluding multi -family residential dwellings, periodically inspect food scraps, green waste, recyclable materials and municipal solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). G. Annually provide information to employees, contractors, tenants, and customers about food scraps and green waste recovery requirements and proper sorting of food scraps, green waste and recyclable materials. 11 5-26 H. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep food scraps, green waste and recyclable materials separate from municipal solid waste, when applicable, and the location of containers and the rules governing their use at each property. I. Provide or arrange access for the City or its agent to their properties during all inspections to confirm compliance with the requirements of this chapter. J. If a commercial business self -hauls, the commercial business shall meet the self - hauler requirements in Section 6.06.070. K. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing food scraps and green waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). L. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements pursuant to Sections 6.06.110 and 6.06.120. 6.06.070 Self -Hauler Requirements. A. Self -haulers shall source separate all recyclable materials, food scraps and green waste generated on-site from municipal solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul recyclable materials, food scraps and green waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3. B. Self -haulers shall haul their recyclable materials to a facility that recovers those materials; and/or food scraps and green waste to a solid waste facility, operation, activity, or property that processes or recovers said waste. Alternatively, self -haulers may haul food scraps and green waste to a high diversion organic waste processing facility. C. Self -haulers that are commercial businesses (including multi -family residential dwellings) shall keep a record of the amount of recyclable material, food scraps and green waste delivered to each solid waste facility, operation, activity, or property that processes or recovers said waste; this record shall be subject to inspection by the City. The records shall include the following information: 1. Delivery receipts and weight tickets from the entity accepting the waste; 2. The amount of material in cubic yards or tons transported by the generator to each entity; and 12 5-27 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 waste. D. A residential SB 1383 generator that self -hauls waste, recyclable materials, food scraps or green waste is not required to record or report information in subsections (B) and (C) above. 6.06.080 Reporting, Inspections, and Compliance Verification. A. The City's representatives and/or designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by AB 341 generators, SB 1383 generators, property owners, commercial edible food generators, haulers, self -haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not authorize the City or its designees to enter the interior of a private residential property for inspection. B. Generators 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 designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance 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 ordinance and may result in penalties described. C. Any records obtained by the City 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. The City's representatives and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. E. The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant, including receipt of anonymous complaints. 13 5-28 6.06.090 Tenant Participation in Diversion Programs. A property owner of a multifamily residential dwelling, mall, strip mall or other commercial building shall require tenants and lessees to separate the divertible materials generated in the unit or space they occupy from municipal solid waste and place the divertible materials in designated containers described in Section 6.06.060 for each type of material to aid in compliance with this chapter. 6.06.100 Diversion Programs Required at Special Events. A. The promoter, coordinator or responsible party for a Level 2 or 3 special event pursuant to Chapter 11.03 shall provide sufficient containers to handle all municipal solid waste, recyclable materials and food scraps from the event and shall ensure the proper storage, collection and diversion of recyclable materials and food scraps. B. The responsible party shall, as part of the application for a Level 2 or 3 special event permit, submit an implementation plan for the handling and diversion of recyclable materials and food scraps generated at the event that meets the requirements of this section and submit a deposit of two hundred fifty dollars ($250.00) for a Level 2 event or a deposit of five hundred dollars ($500.00) for a Level 3 event with the application. C. The promoter, coordinator or responsible party shall provide three types of containers at appropriate locations at the special event to facilitate the source separation of municipal solid waste, recyclable materials and food scraps by event employees, vendors and attendees. The three types of containers shall: 1. Be appropriate in number and size with respect to the quantity of municipal solid waste, recyclable materials, and food scraps anticipated to be generated at the special event; 2. Bear appropriate signage to identify the type of materials to be contained and meet any additional design criteria established by the City; and 3. Be placed together as municipal solid waste, recyclable materials and food scrap stations throughout the special event venue to provide equally convenient access to users for disposal of municipal solid waste and diversion of recyclable materials and food scraps. D. If the promoter or coordinator determines that vendor booths at the special event will require municipal solid waste containers, the coordinator, promoter or responsible 14 5-29 party shall provide the vendor with a set of three containers bearing appropriate signage to identify the type of material to be contained in each container. E. The use of public municipal solid waste containers or public recyclable materials or food scraps containers at special events is prohibited. The promoter, coordinator or responsible party shall remove or cover all public municipal solid waste, recycling and food scraps receptacles to prevent their use during the special event. F. The promoter, coordinator or responsible party shall arrange for collection of all municipal solid waste, recyclable materials and food scraps at frequencies that prevent the overflow of said materials from storage containers at the special event. For special events of more than one day in duration, all municipal solid waste, recyclable materials and food scraps shall be either collected and transported off site at the end of each day, or emptied into interim containers (lidded wheeled carts, lidded bins or covered roll off boxes) at the end of each day as required to prevent odors, vectors and blowing litter. G. The promoter, coordinator or responsible party shall arrange for collection and transport of all municipal solid waste to a fully permitted landfill or other fully permitted disposal site, and shall arrange for collection and transport of all recyclable materials and food scraps to permitted processing facilities for these materials to be diverted. H. The promoter, coordinator or responsible party shall obtain weight tickets from the disposal site and all permitted processing facilities showing the date and weight of the materials delivered to the facility from the special event. I. The promoter, coordinator or responsible party shall submit the following information to the City within thirty (30) calendar days of the end of the special event: 1. Name and date(s) of the special event; 2. Contact information for the responsible party, promoter or coordinator; 3. Address of location where event was held; 4. Number of attendees for each day of the event; 5. Quantity of municipal solid waste collected and disposed; 6. Quantity of recyclable materials collected and diverted; 7. Quantity of food scraps collected and diverted; and 15 5-30 8. Copies of weight tickets from municipal solid waste disposal facility and all permitted processing facilities where recyclable materials and food scraps were delivered. J. The deposit paid by the promoter, coordinator or responsible party shall be returned upon City verification that the diversion program was carried out in compliance with this section. The deposit shall be retained by the City in the event the Director determines that the solid waste diversion program was not implemented in compliance with this section. 6.06.110 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; 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 the City or its designee to access the premises and review records pursuant to 14 CCR Section 18991.4; and 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); `U 5-31 b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b); and C. A record of the following information for each of those food recovery services or food recovery organizations: i. Name, address and contact information of the food recovery service or food recovery organization; ii. Types of food that will be collected by or self -hauled to the food recovery service or food recovery organization; iii. Established frequency that food will be collected or self - hauled, and iv. Quantity of food, measured in pounds recovered per month, collected or self -hauled to a food recovery service or food recovery organization for food recovery. D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 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). 6.06.120 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies. 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. Name, address, and contact information for each commercial edible food generator from which the service collects edible food; 2. Quantity in pounds of edible food collected from each commercial edible food generator per month; 3. Quantity in pounds of edible food transported to each food recovery organization per month; and 17 5-32 4. 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 Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1. Name, address, and contact information for each commercial edible food generator from which the organization receives edible food; 2. Quantity in pounds of edible food received from each commercial edible food generator per month; and 3. 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 generator pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later March 31, 2022. D. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste 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, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City. 6.06.130 Requirements for Waste Haulers, Facility Operators and Community Composting Operations. A. Requirements for Haulers. Franchisees providing residential, commercial or industrial waste collection services shall meet the following requirements and standards as a condition of approval of a contract, agreement, franchise, or other authorization with the City to collect food scraps, or green waste - 5 -33 1. Through written notice to the City annually, in accordance with the City franchise, on or before June 30, identify the processing facilities to which they will transport divertible materials. 2. Obtain approval from the City to haul food scraps and/or green waste unless it is transporting these materials to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1. 3. Comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or license issued by the City and within SB 1383 Regulations. B. Requirements for Facility Operators and Community Composting Operations. 1. Owners of processing facilities, operations, and activities that recover food scraps and green 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, upon City request, shall provide information to the City to support food scrap and green waste capacity planning, including, but not limited to, an estimate of the amount of such waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days. 6.06.140 Waivers. A. De Minimis Waivers. The City may waive an AB 341 generator, SB 1383 commercial generator and/or the underlying property owner's obligation to comply with some or all of the diversion requirements of this chapter if the generator submits an application to the City specifying the services that they are requesting a waiver from and provide documentation that the business generates food scraps, green waste or recyclable materials below the following thresholds: 19 5-34 1. For an AB 341 generator, the generator's total solid waste collection service is adequate for the quantities generated at the premises, and consists of four cubic yards or more of the business' total waste. 2. For an SB 1383 commercial generator, the commercial business' total municipal solid waste collection service is two cubic yards or more per week and organic waste is less than 20 gallons per week of the business' total waste; or the commercial business' total municipal solid waste collection service is less than two cubic yards per week and organic waste subject to collection is less than 10 gallons per week of the business' total waste. In the event the City approves the application for a de minimus waiver, the applicant shall notify the City if circumstances change such that the thresholds identified above are exceeded, in which case waiver will be rescinded. Additionally, the applicant shall provide written verification of eligibility for de minimis waiver every five years, if the City has approved de minimis waiver. B. Physical Space Waivers. The City may waive an AB 341, SB 1383 commercial generator, and/or underlying property owner's obligations (including multi -family residential dwellings) to comply with some or all of the diversion requirements of this chapter if the City has evidence as described herein that the premises lack adequate space for the collection containers required for compliance with the food scraps, green waste and/or recyclable materials collection requirements. An AB 341 or SB 1383 commercial generator 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 lack adequate space for food scraps, green waste and/or recyclable material 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 City has approved application for a physical space waiver. C. An application for a waiver shall be submitted on a form provided by the Director, with the application fee, and include all information necessary for the Director to make his/her decision, including but not limited to documentation specified above. The Director NEI 5-35 may require the applicant to provide additional information to permit the Director to determine facts regarding the waiver application. D. The Director may approve, conditionally approve, or deny the waiver application, in whole or in part. E. The Director's decision shall be final thirty (30) calendar days after notice is provided to the applicant in accordance with Section 1.08.080, unless appealed to the Assistant City Manager within that time frame. Any appeal shall be submitted to the Assistant City Manager on a form approved by the Assistant City Manager along with the appeal fee. If appealed, the Assistant City Manager shall complete his/her review and issue a written decision upholding, overturning or modifying the decision of the Director within thirty (30) calendar days. The decision of the Assistant City Manager shall be final. F. A generator granted a waiver by the City is required to reapply prior to the end of the waiver period and demonstrate continued conditions that warrant the granting of another waiver for a period of up to one year. G. The City Council may adopt, by resolution, a fee to recover costs associated with processing the waiver application and an appeal fee. 6.06.150 Enforcement. A. Violation of any provision of this Chapter 6.06 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this ordinance are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines 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 ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance. B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. C. Enforcement pursuant to this ordinance may be undertaken by the Public Works Director or his/her designee. 21 5-36 D. Process for Enforcement. 1. The Public Works Director or his/her designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 6.06.080 establishes the City's right to conduct inspections and investigations. 2. The City may issue an official notification to notify regulated entities of its obligations under this chapter. 3. The City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. 4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.05 (Administrative Code Enforcement Program). Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information E. Penalty Amounts for Types of Violations. The penalty levels are as set forth in Section 1.05.020 subject to any minimum or maximum penalty amounts imposed by SB 1383. F. Compliance Deadline Extension Considerations. The 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 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. 22 5-37 G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Section 1.06.060. H. Education Period for Non -Compliance . Beginning January 1, 2022 and through December 31, 2023, the City will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that an food scrap and green waste generator, self -hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance 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 the SB 1383 generator, self -hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to section. 6.06.160 Disclaimer of Liability. The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclable materials, food scraps, green waste, wood waste or municipal solid waste. This chapter shall not create liability on the part of the City, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling discarded materials within the City should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the City is assuming an undertaking to comply with State law and to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. 23 5-38 ORDINANCE NO. 2021-25 EXHIBIT "C" TITLE 14 WATER AND SEWERS CHAPTER 14.17 WATER -EFFICIENT LANDSCAPING 14.17.005 Purpose. 14.17.010 Definitions. 14.17.020 Applicability. 14.17.030 Landscape Water Use Standards. 14.17.040 Implementation Procedures. 14.17.005 Purpose. The purpose of this chapter and the related design standards is to establish an alternative model acceptable under Governor Brown's April 1, 2015, Drought Executive Order (6-29- 15) and subsequently revised to implement the requirements of Senate Bill 1383, the Short -Lived Climate Pollutant Reduction Act of 2016, in the context of conditions in the City to: A. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; B. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; C. Establish a structure for planning, designing, installing, and maintaining and managing water -efficient landscapes in new construction and rehabilitated projects; D. Establish provisions for water management practices and water waste prevention for existing landscapes; E. Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount; F. Encourage the use of economic incentives that promote the efficient use of water, such as providing rebate incentives and offering educational programs; and 1 5-39 G. Implement the State mandates set forth in Senate Bill 1383, the Short -Lived Climate Pollutant Reduction Act of 2016. 14.17.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section: A. "Aggregate landscape areas" pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned. B. "Applied water" means the portion of water supplied by the irrigation system to the landscape. C. "Budget -based tiered -rate structure" means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping. D. "Design standards" refers to the Design Standards for Implementation of the Water Efficient Landscape Ordinance, which are hereby adopted by reference and may be amended from time -to -time, which describe procedures, calculations, and requirements for landscape projects subject to this chapter. E. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. F. "Estimated applied water use" or "EAWU" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state. EAWU is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the irrigation efficiency within each hydrozone. G. "ET adjustment factor' or "ETAF" of 0.55 (fifty-five (55) percent) for residential areas and 0.45 (forty-five (45) percent) for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) special landscape area shall not exceed 1.0 (one hundred (100) percent). The ETAF for existing nonrehabilitated landscapes is 0.8 (eighty (80) percent). E 5-40 H. "Hardscapes" means any durable material or feature (pervious and nonpervious) installed in or around a landscape area, such as pavements or walls. Surface area of pools and other water features is considered part of the landscape area and not considered hardscape for purposes of this chapter. I. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this chapter is 0.75 (seventy-five (75) percent) for overhead spray devices and 0.81 (eighty-one (81) percent) for drip systems with an overall irrigation efficiency of 0.71 (seventy-one (71) percent). Greater irrigation efficiency can be expected from well designed and maintained systems. J. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation). K. "Landscape documentation package" means the documents required to be provided to the City for review and approval of landscape design projects, as described in the design standards. L. "Landscape project" means the total area of landscape in a project, as provided in the definition of "landscape area." M. "Landscape rehabilitation project" means any relandscaping project that meets the applicability criteria of Section 14.17.020, where the modified landscape area is greater than twenty-five hundred (2,500) square feet. N. "Licensed professional" means a licensed landscape architect, California licensed landscape contractor, civil engineer, architect, or any other person authorized to design or construct a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5 of the California Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code, or any successor statutes. O. "Local water supplier" means any entity, including, but not limited to, a public agency, city, county, or private water company that provides retail water service. 3 5-41 P. "Maximum applied water allowance" or "MAWK is the upper limit of annual applied water for the established landscape area as specified in Section 2.2 of the design standards. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated applied water use shall not exceed the maximum applied water allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1 - ETAF) x SLA)] Q. "Ministerial permit" means an authorizing document issued by the City's Community Development Department in conjunction with a landscape project which may include, but is not limited to: grading, pools, spas, fountains, ponds, retaining walls, fences and walls, shade structures, trellis structures, barbecues, outdoor fireplaces, etc. R. "MWELO" means the Water Efficient Landscape Ordinance as set forth in 23 CCR, Division 2, Chapter 2.7. S. "New landscape installation project" means a landscape installed in conjunction with any type of new development, whether or not the new development includes construction of new building(s) (e.g., parks, playgrounds, greenbelts, etc.). T. "Nonpervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. U. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. V. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, which estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water use plants is zero (0) to 0.1 (ten (10) percent); the plant factor for low water use plants is 0.1 (ten (10) percent) to 0.3 (thirty (30) percent); the plant factor range for moderate water use plants is 0.4 (forty (40) percent) to 0.6 (sixty (60) percent), and the plant factor range for high water use plants is 0.7 (seventy (70) percent) to 1.0 (one hundred (100) percent). Plant factors cited in this chapter are derived from the Department of Water Resources publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). W. "Recycled water" or "reclaimed water" means a wastewater which, as a result of treatment, is suitable for nonpotable uses not intended for human consumption such as landscape irrigation and water features. In 5-42 X. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix D of the design standards and is an estimate of the evapotranspiration of a large field of four- to seven -inch -tall, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance. Y. "Smart automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather -based) or soil moisture data with nonvolatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. Z. "Special landscape area" or "SLA" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, or areas dedicated to active play such as community pools and spas, parks, sports fields, golf courses, or areas where turf provides a playing surface. These areas may have an ET adjustment factor (ETAF) up to 1.0 (one hundred (100) percent). AA. "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool -season grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and Buffalo grass are warm -season grasses. BB. "Valve" means a device used to control the flow of water in an irrigation system. CC. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. 14.17.020 Applicability. A. Beginning February 1, 2016, and consistent with Executive Order No. B-29-15 and Senate Bill, the Short -Lived Climate Pollutant Reduction Act of 2016, this chapter shall apply to the following landscape projects: 5 5-43 1. New landscape projects (including new single-family, multi -family, public, institutional or commercial projects) with an aggregate landscape area equal to or greater than five hundred (500) square feet which require discretionary or ministerial permits (including building or planning permit, plan check, or landscape design review permit) from the City. 2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than twenty-five hundred (2,500) square feet which require discretionary or ministerial permits (including building or planning permit, plan check or landscape design review permit) from the City. 3. Rehabilitated landscape projects with an aggregate landscape area of twenty-five hundred (2,500) square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Appendix H of the Design Standards (Prescriptive Compliance Option). 4. Rehabilitated projects using treated or untreated graywater or rainwater captured on site, any lot or parcels within the project that has less than twenty-five hundred (2,500) square feet of landscape area and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix H of the Design Standards (Prescriptive Compliance Option). 5. New landscape installation projects or landscape rehabilitation projects installed at cemeteries shall be subject to the following sections of the design standards: Sections 2.2, Water Efficient Landscape Calculations and Alternatives; 2.8, Post -Installation Irrigation Scheduling; and 2.9, Post -Installation Landscape and Irrigation Maintenance, but shall not require a landscape documentation package (Design Standards Section 2.1). B. This chapter does not apply to: 1. Landscape rehabilitation projects that consist of replacement plantings with equal or lower water needs and the irrigation system is designed, operable and programmed to comply with the City's water conservation regulations; 2. Registered local, State, or Federal historical sites; 3. Ecological restoration projects that do not require a permanent irrigation system, 0 5-44 4. Plant collections, as part of botanical gardens and arboretums open to the public, or 5. Landscape in hazard reduction and fuel modification zones, where applicable. C. Section 14.17.030(B) (requiring compliance with the City's water conservation ordinance) shall apply to all landscape areas, whether installed prior to (existing landscapes) or after adoption of the ordinance codified in this chapter. 14.17.030 Landscape Water Use Standards. A. Property owners or their building or landscape designers that meet the threshold set forth in Section 14.17.020(A)(1) above shall: 1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following: a. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. b. For landscape installations, a minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. C. Organic mulch materials made from recycled or post -consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post -consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. 2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or designers 7 5-45 that meet the threshold for MWELO compliance outlined in Section 14.17.020(A)(1) shall consult the full MWELO for all requirements. B. For new landscape installation or rehabilitation projects subject to Section 14.17.020, the estimated applied water use allowed for the landscape area shall not exceed the MAWA calculated using an ET adjustment factor of 0.55 (fifty-five (55) percent) for residential areas and 0.45 (forty-five (45) percent) for nonresidential areas, except for special landscape areas where the MAWA is calculated using an ET adjustment factor of 1.0 (one hundred (100) percent); or the design of the landscape area shall otherwise be shown to be equivalently water efficient in a manner acceptable to the City, as provided in the design standards. C.. Irrigation of all landscape areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the City's water conservation ordinance. 14.17.040 implementation Procedures. A. A landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this chapter. Any landscape documentation package submitted to the City shall comply with the provisions of the design standards. B. The landscape documentation package shall include a certification of design by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of a licensed professional and are certified to be in compliance with the provisions of this chapter and the design standards. 1. Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. Water use calculations shall be consistent with the procedures and calculations provided in the design standards document. 2. Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion, which shall be submitted to the City prior to final of the permit, per the procedures provided in the design standards document. 5-46 ATTACHMENT B ORDINANCE NO. 2021-25 TITLE 6 HEALTH AND SANITATION CHAPTER 6.06 STATE MANDATED MUNICIPAL SOLID WASTE DIVERSION PROGRAMS 6.06.005 Purpose and Intent. 6.06.010 Definitions. 6.06.020 Diversion of Recyclable Materials. 6.06.030 Diversion Requirements for SB 1383 Single -Family Generators. 6.06.040 Diversion Requirements for SB 1383 Commercial Generators. 6.06.040 Diversion of Green Waste and Wood Wa 6.06.050 Use of Green Waste and/or Wood Waste as Alternative Daily Cover Prohibited. 6 06 060 Green Waste and Wood Waste Diversion Required in 1 andsGaping and Gardening GentraGtS. 6.06.07-0- 6.06.060 Full Participation in Diversion Programs Required. 6.06.070 Self -Hauler Requirements. 6.06.080 Reporting, Inspections, and Compliance Verification. 6.06.090 Tenant Participation in Diversion Programs. 6.06.100 Diversion Programs Required at Special Events. 6.06.110 Requirements for Commercial Edible Food Generators. 6.06.120 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies. 6.06.13044$ Requirements for Waste Haulers, Facility Operators and Community Composting Operations. 6.06.140 Waivers. 6.06.150420 Enforcement. 6.06.160 Disclaimer of Liability. 6.06.005 Purpose and Intent. The City Council finds and declares that the regulations contained in this chapter are necessary and appropriate to protect the health, safety and welfare of the citizens of the City by providing minimum standards for the safe and sanitary collection, storage, and 1 4- 5-47 transportation of solid waste, food scraps, green waste, wood and recyclable materials generated within the City and the diversion of food scraps, green waste, wood and recyclable materials from the landfill. 6.06.010 Definitions. For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined in Chapter 6.04 shall have the same meanings herein unless expressly defined in this chapter. Any undefined term shall have the same meaning as that term is defined in the City's agreement(s) with solid waste haulers for the disposal of residential and commercial municipal solid waste and divertible materials and Chapter 3 of Title 14 of the California Code of Regulations. In the event of any inconsistency between the definitions in the City's agreement(s) and the California Code of Regulations, the City's greement(s) with solid waste haulers for the disposal of residential municipal solid waste and divertible materials shall apply. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. "AB 341 dirty materials recovery facility" or "AB 341 dirty MRF" means a facility, or that certain portion of a facility, that processes municipal solid waste to separate recyclable materials for sale to end users. "AB 341 generator" means all municipal solid waste generators required by AB 341 to divert recyclable materials generated on site from disposal, including: (A) all businesses located and operating within the City, and the responsible parties, property owners, owners, operators, property managers, tenants and lessees of same, that generate four or more cubic yards of municipal solid waste per week; including, but not limited to, retail stores, restaurants, offices, supermarkets, convenience stores, malls, strip malls, service businesses, hospitals, assisted living facilities, and Federal, State and local government facilities; (B) multifamily residential dwellings consisting of five units or more regardless of the amount of municipal solid waste generated; (C) the City, its facilities, and its nonresidential properties; and (D) special events that take place within the City that generate four or more cubic yards of municipal solid waste per event, whether or not sponsored by the City. .- generameans:. ) all foed generating businesses within the Gity, r r I I ".1- - • 1 I I - II 5-48 "Alternative daily cover" or "ADC" means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, flies, fires, odors, blowing litter and scavenging. "CalRecycle" means the California Department of Resources Recycling and Recovery or any successor agencies. "Commercial business" or "commercial" means a firm. aartnershiD. arogrietorshiq. ioint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(x)(6). A multi -family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this ordinance. "Commercial edible food aenerator" means a tier one commercial edible food aenerator or tier two commercial edible food generator or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For purposes of this definition, food recovery organizations and food recovery services are not commercial edible food aenerators pursuant to 14 CCR Section 18982(a)(7). "Compost appliance" means an enclosed on-site device that utilizes aerobic microbial digestion of food scraps. 3 3 5-49 ■ _ r NNIN 111 _ I _ I • IN NO AN -11" TAwAIIE�1.1 Akio 1 • 1 • "Alternative daily cover" or "ADC" means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, flies, fires, odors, blowing litter and scavenging. "CalRecycle" means the California Department of Resources Recycling and Recovery or any successor agencies. "Commercial business" or "commercial" means a firm. aartnershiD. arogrietorshiq. ioint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(x)(6). A multi -family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this ordinance. "Commercial edible food aenerator" means a tier one commercial edible food aenerator or tier two commercial edible food generator or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For purposes of this definition, food recovery organizations and food recovery services are not commercial edible food aenerators pursuant to 14 CCR Section 18982(a)(7). "Compost appliance" means an enclosed on-site device that utilizes aerobic microbial digestion of food scraps. 3 3 5-49 "Construction and demolition debris" and/or "C&D" means all inert material of every nature, description or kind, which has resulted from the building or demolition of a structure, pavements, sidewalks, curbs, gutters and other concrete structures, including all lumber scraps, shingles, plaster, sheetrock, packaging, rubble, brick, stone, concrete, asphalt, dirt, rock and other building materials. "Container" means any object designed and used to hold or store municipal solid waste, recyclable materials, food scraps, green waste, or construction and demolition debris. "Container" includes, but is not limited to, carts, bins, open top roll off boxes, and compactors. "Contamination" means materials which are not specified for collection in particular carts or for processing at any processing facility and which would either interfere with such processing or reduce the quality and value of recovered materials. For example, metals and plastics constitute "contamination" if placed in a cart designated for food scraps and green waste. Tree trimmings constitute "contamination" if placed in a cart designated for recyclable materials. Contamination of municipal solid waste means the presence of divertible materials in the cart designated for municipal solid waste such as recyclable materials, food scraps, and/or yard trimmings. materials not designated to be placed in maternal. Examples ORGlude reGyGlable materials plaGed i - taste GeRtaiRer er feed plaGed aRy GE)Rtainer designated for divertible materials and any divertible materials - planed in a GeRtainor deSigRate l for muninipal solid woc+o "Director" means the Director of the Public Works Department or his or her designee. "Diversion" or "divert" means any combination of recycling, sorting, composting and -/or other processing activities conducted at a clean materials recovery facility, a mixed wate+o nr„r,ossinn faGility (dirt MRF= a compost facility, an anaerobic digestion facility, a bioengineered feedstock facility, mat a construction and demolition debris processing facility or another City -approved processing facility in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or otherwise return the materials to the economic marketplace and to prevent the materials from being disposed of in a landfill. "Divertible materials" or "divertible" means recyclable materials, food scraps, green waste, vvuuu, -t- construction and demolition debris, rooa soiiea paper it airected by the City, M 0 5-50 electronic waste, universal waste, and all other materials that may be diverted from landfill disposal and includes, but is not limited to, all materials required to be diverted from landfill disposal by the City, CalRecycle or any State or Federal agency. "Edible food for human consumption" or "edible food" means food that has been prepared but not served, and includes but is not limited to: any appetizer, soup, salad, entree, dessert, raw fruit and vegetable that may or may not have been sliced, grated, cooked, baked or otherwise prepared for consumption but not served; any packaged sandwich, salad, fruit and fruit salad; and other nonserved food that meets State and local requirements as being edible for human consumption. "Food distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores. "Food facility" shall have the same meaning as that term is defined in Section 113789 of the California Health and Safety Code. "Food recovery" shall have the same meaning as that term is defined in 14 CCR Section 18982(a)(24). "Food recovery organization" means an entity that collects or receives edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to a: (1) food bank as defined in Section 113783 of the Health and Safety Code; (2) nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (3) nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. For purposes of this chapter, a food recovery organization is not a commercial edible food generator for the purposes of this chapter. "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. For purposes of this chapter, a food recovery service is not a commercial edible food generator. "Food scraps" means discarded material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from municipal solid waste and includes surplus or unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables, culls, and plate scrapings. Food scraps include, food from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), grocery stores, farmer's markets, 5 5 5-51 institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential food scraps. For purposes of this chapter, "food scraps" does not include edible food for human consumption that is donated or sold or r000 soiiea paper. "Food service provider" shall have the same meaning as that term is defined in 14 CCR Section 18982(a)(27). "Food soiled paper" means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags, cardboard and wax -coated cardboard produce boxes that are contaminated with food scraps. For purposes of this chapter, "food soiled paper" does not include aluminum foil, foil -lined wrap, plastic wrap, polystyrene, expanded polystyrene or diapers. "Generator" means an AB 341 generator1 and AB 1826 geReratGr or SB 1383 generator. "Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruit 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(x)(30). "Large event" means an event that charges an admission price, or is operated by a local agency, and serves an average of 2,000 or more individuals per day of operation of the event, at a location including, but 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()(38) shall apply. "Large venue" means a permanent venue facility that annually seats or serves an average of 2,000 or more individuals per day of operation of the venue facility. For purposes of this Chapter, 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, 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 Wt 6 5-52 definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply. "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 municipal solid waste. or as otherwise defined in 14 CCR Section 18982(a)(40). "Multifamily residential dwelling" or "multi -family" means of, from, or pertaining to residential premises with five or more dwellina units. Multi-Familv premises do not include gill - r r 111m, 01,100 MO. it mm r - r "Municipal solid waste" or "MSW' means putrescible and nonputrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris that have beenwhich shall be separated and segregated from municipal solid waste for diversion and/ort hazardous waste or household hazardous waste, (2) low-level radioactive waste regulated under California Health and Safety Code Sections 114960, et seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 117600, et Lep YehiGlesrparts,� —aa a ha arde ss biehazardeus `J nhiemediGal wa "Permitted processing facility" means a processing facility for diverted materials that holds all required Federal, State, and local permits and is operating in accordance with all permit requirements including, but not limited to, materials recovery facilities (clean MRFs), mixed waste processing materials recovery facilities (dirty MRFs), composting facilities, anaerobic digestion facilities, publicly owned treatment works that accept food scraps 7 7- 5-53 and/or bioengineered feedstock for digestion, and processing facilities for construction and demolition debris. "Recyclable materials" shall have the same meaning as that term is defined in Section 6.04.020. "Responsible party" means property owners, business owners, property managers, property management firms and business managers as well as the person(s) that subscribes to and pays for municipal solid waste and/or divertible materials collection service for a premises or business located within the City, or that otherwise arranges for removal of municipal solid waste and/or divertible material from the business premises and that has the legal authority to compel generators to comply with the requirements of this chapter. "Self -hauler" means a person, whothe transports -of municipal solid waste, food scraps, preen waste and/or recyclable materials diyeFtihle m-±+orials by the person who generated the municipal solid waste, food scraps, green waste and/or and/or recyclable divertible materials, or by the owner or manager of a premises at which the materials and/or municipal solid waste were generated to another person. Self -hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul means generating and transporting waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66J(A a-Rd-�o nri��000 is nn+ +ho GGITeGtir+n and +ransper+ of muniGi,pal selirJ waste er divertihl�ate rials. "Self haul" 0 nGludes baGkhauling of divertible materials generated en the self hauleF's pFe i . 9 the generator's own employees and equipment. For example, a supermarket baGkhauls spooled fruits and vegetables to its Gentral distribution faGility for GORSOlidatieR and transport to a GOMpos+inn fanilit!V "SB 1383 aenerator" means all entities that aenerate food scraps. areen waste. wood and other material that can be collected, recovered, and recycled into new products including compost, biofuel, or electricity, as codified in Public Resources Code Section 42652, in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. "Single-family" means of, from, or pertaining to any residential premises with fewer than five units. "Special event" means a temporary gathering for a specific event or purpose such as concerts, fairs, festivals, swap meets, athletic events, boat shows, fireworks displays, and Ez 0 5-54 outdoor weddings, which requires a Level 2 or Level 3 City permit pursuant to Chapter 11.03. ..i ier one commercial edible food generator" means a commercial edible food generator that is a supermarket, grocery store with a total facility size equal to or greater than 10,000 square feet, food service provider, food distributor, or 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 aaDly. "Tier two commercial edible food generator" means a commercial edible food generator that is a restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; hotel with an on-site food facility and 100 or more beds; health facility with an on-site food facility and 100 or more beds; large venue; large event; State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or local education agency facility with an on-site food facility. "Wholesale food vendor" shall have the same meaning as that term is defined in 14 CCR Section 18982(a)(76). "Wood waste" or "wood" means all nonhazardous wood material that is not painted with lead-based or other paints containing materials identified as hazardous, or treated with creosote or other hazardous materials and includes, but is not limited to, tree branches and other wood trimmings, dimensional lumber and other pieces of wood generated during the manufacture or processing of wood products, and the wood debris from construction and demolition activities. 6.06.20 6.06.020 Diversion of Recyclable Materials. A. A.—An AB 341 generator shall divert all recyclable materials generated at their premises by one or more of the following methods, and shall fully participate in the method(s) selected: 1. —Separate all recyclable materials from other municipal solid waste and subscribe to a recyclable materials collection service a minimum of once a week from a City -authorized franchisee and fully participate in the diversion program provided by the franchisee; 2. Separate recyclable materials from other municipal solid waste; and a. Self -haul the recyclable materials to a permitted recycling center or a permitted processing facility for diversion; or 9 0 5-55 b. Donate or sell the recyclable materials to a recycling business that collects and/or accepts the materials for recycling as described in Section 12.63.150(B); and/or 3. _Subscribe to a recycling service offered by a City -authorized franchisee that uses a City -approved AB 341 dirty MRF to separate recyclable materials from other municipal solid waste that yields diversion results comparable to source separation. B. _For purposes of this section, to be considered as fully participating while utilizing a City -authorized franchisee, an AB 341 generator shall comply with all requirements in Section 6-.0&.47-06.06.060 or subscribe to a recycling service offered by a City -authorized franchisee that uses a City -approved AB 341 dirty MRF to separate recyclable materials from other municipal solid waste that yields diversion results comparable to source separation. TIM Iff!U ITS -I ILII 11121112111 �. �. 10 01 5-56 -1110 MERE 10 01 5-56 6.06.030 Diversion Requirements for SB 1383 Single -Family Generators. Except SB 1383 single-family generators that meet the self -hauler requirements in Section 6.06.070, an SB 1383 single-family generator shall comply with the following requirements: A. -Subscribe to the City's waste collection services and comply with the requirements described in subsection (B) of this section. The City shall have the right to review the number and size of a SB 1383 single-family 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 the collection service levels as requested by the City. SB 1383 single-family generators may additionally manage waste by preventing or reducing their food scraps, preen waste, and wood waste, managing such waste on-site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c); and B. -Participate in the City's divertible materials collection services by placing food scraps in the container designated for food scraps, recyclable materials in the container designated for recyclable materials, preen waste and wood waste in the designated container, and all other municipal solid waste in the designated container. For purposes of this section, to be considered as fully participating while utilizing a City -authorized franchisee, an SB 1383 generator shall comply with all requirements in Section 6.06.060. 6.06.040 Diversion Requirements for SB 1383 Commercial Generators. Generators that are SB 1383 commercial businesses, including multi -family residential dwellings, shall: A. Subscribe to the City's waste collection services for all such waste generated and comply with requirements of those services as described in subsection (B) of this section, except for SB 1383 commercial generators that meet the self -hauler requirements in Section 6.06.070. The City shall have the right to review the number and size of a SB 1383 commercial 11 44 5-57 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. Commercial businesses shall adjust their service level for their collection services as requested by the City, separate all recyclable materials from other municipal solid waste and subscribe to a recyclable materials collection service through a City -authorized franchisee a minimum of once a week; B. Except commercial businesses that meet the self -hauler requirements in Section 6.06.070, participate in the City's divertible materials collection service(s) by placing food scraps in the container designated for food scraps, recyclable materials in the container designated for recyclable materials, preen waste and wood waste in the designated container, and all other municipal solid waste in the designated container. For purposes of this section, to be considered as fully participating while utilizing a City -authorized franchisee, an SB 1383 generator shall comply with all requirements in Section 6.06.060. G 06 040 Dowilar-goa . of fila... Wal;+p and Weed Mfalgt I I 1 I MI . M... WW 1 •7.1 • _ • • 1 I • _ • • 1 1511121011 12 5-58 6.06.050 Use of Green Waste and/or Wood Waste as Alternative Daily Cover Prohibited. A. —Any person collecting green waste or wood waste in City shall compost the green waste and/or wood waste on site or deliver the green waste and/or wood waste to a permitted green waste and/or wood waste processing facility for diversion. B. No generator of green waste and/or wood waste shall permit any green waste or wood waste collected in City to be used as alternative daily cover at a landfill as an end use including, but not limited to, green waste and wood waste processed at a permitted processing facility. r . M 111111 11 1 r r 1 I� k1■ . . r r r 1IT-6.06.060 Full Participation in Diversion Programs Required. 13 43 5-59 . . . .11-11110M... .1.111ininim.1 ------ 6.06.050 Use of Green Waste and/or Wood Waste as Alternative Daily Cover Prohibited. A. —Any person collecting green waste or wood waste in City shall compost the green waste and/or wood waste on site or deliver the green waste and/or wood waste to a permitted green waste and/or wood waste processing facility for diversion. B. No generator of green waste and/or wood waste shall permit any green waste or wood waste collected in City to be used as alternative daily cover at a landfill as an end use including, but not limited to, green waste and wood waste processed at a permitted processing facility. r . M 111111 11 1 r r 1 I� k1■ . . r r r 1IT-6.06.060 Full Participation in Diversion Programs Required. 13 43 5-59 A generator shall fully participate in the diversion program(s) the generator selects for their premises such that all the following requirements are met: PiTIMWile� -Til_ :T�'i7:E7: :■.�1 L7::f1A1:R�\If1:►:�,:L11 G WW 14 44 5-60 14 44 5-60 r the r r eders, th Uble materials, ■ r the geRerater shall ensure that: mere frequently GentaiRers, (b) dovertoble eders, Of required te preveRt: (a) YeGtE)rs er Greatien ef a ever-flowand nuisaRGe, and/er (G) plaGemelnt r A. Except commercial businesses that meet the self -hauler reauirements in Section 6.06.070, participate in the City's food scraps, green waste and recyclable materials collection services by placing food scraps and waste including food scraps in the designated container designated for green waste, recyclable materials in the container desianated for recvclables. and all other municiaal solid waste in the desianated container. 15 4-5 5-61 B. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors that clearly identify the designated container(s) for food scraps, preen waste, recyclable materials, and all other municipal solid waste for employees, contractors, tenants, and customers. If self -hauling, the SB 1383 commercial business shall comply with the self -hauler requirements set forth in Section 6.06.070. C. Excluding multi -family residential dwellings, provide containers for the collection of food scraps, preen waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers are not required in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the commercial business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either: 1. A body or lid that conforms with the container colors provided through the collection service provided by the City or its authorized solid waste franchise hauler, 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, and 2. 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 reauired on new containers commencina January 1. 2022. D. Multi -family residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection (C) of this section, pursuant to 14 CCR Section 18984.9(b). E. 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 or, if self -hauling, per the commercial business' instructions to support its compliance with its self -haul program in accordance with Section 6.06.070. 16 46 5-62 F. Excluding multi -family residential dwellings, periodically inspect food scraps, green waste, recyclable materials and municipal solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). G. Annually provide information to employees, contractors, tenants, and customers about food scraps and green waste recovery requirements and proper sorting of food scraps, preen waste and recyclable materials. H. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep food scraps, preen waste and recyclable materials separate from municipal solid waste, when applicable, and the location of containers and the rules governing their use at each property. I. Provide or arrange access for the City or its agent to their properties during all inspections to confirm compliance with the requirements of this chapter. If a commercial business self -hauls. the commercial business shall meet the self - hauler requirements in Section 6.06.070. K. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing food scraps and green waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). L. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements pursuant to Sections 6.06.110 and 6.06.120. 6.06.070 Self -Hauler Requirements. A. Self -haulers shall source separate all recyclable materials, food scraps and green waste generated on-site from municipal solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul recyclable materials, food scraps and preen waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3. B. Self -haulers shall haul their recyclable materials to a facility that recovers those materials; and/or food scraps and preen waste to a solid waste facility, operation, activity, or property that processes or recovers said waste. Alternatively, self -haulers may haul food scraps and green waste to a high diversion organic waste processing facility. 17 47 5-63 C. Self -haulers that are commercial businesses (including multi -family residential dwellings) shall keep a record of the amount of recyclable material, food scraps and preen waste delivered to each solid waste facility, operation, activity, or property that processes or recovers said waste; this record shall be subject to inspection by the City. The records shall include the following information: 1. Delivery receipts and weight tickets from the entity accepting the waste; 2. The amount of material in cubic yards or tons transported by the generator to each entity, 3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self -hauler is not required to record the weight of material but shall keep a record of the entities that received the waste. D. A residential SB 1383 generator that self -hauls waste, recyclable materials, food scraps or green waste is not required to record or report information in subsections (B) and (C) above. 6.06.080 Reporting, Inspections, and Compliance Verification. ran G. On or before july ist of eaGh year, AB • _ r r r 5-64 V The rhaill r r .,I��.,+r ar. he r.e+enteally .+hat freFn Ing a may City written i3 nt*t n LLM_r GaleRdar days of serviGe of the request aGGerdaRGe with SeGtien 1.08.080, ■buSiReSS r l MA M- � r r H. ���c cicp oiiaiiiccciw'cvv'i icccii coiiipiaii ico ii oiii�cr wii�rc�ai aii rf; an ciiucp uiac iiia�p Ac�JOccll[lallp iioii compliant ,.,irh CQ 1 242 Regulations, including receipt of anenyrneus cernplaunts, A. The City's representatives and/or designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by AB 341 generators, SB 1383 generators, property owners, commercial edible food generators, haulers, self -haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not authorize the City or its designees to enter the interior of a private residential property for inspection. B. Generators shall orovide or arranae for access durina all insaections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for anv inspection or investiaation is a violation of this ordinance and may result in penalties described. EE 19 5-65 C. Any records obtained by the City 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. The City's representatives and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subiect to applicable laws. A -.E. The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant, including receipt of anonymous complaints. 6.06.090 Tenant Participation in Diversion Programs. A property owner of a multifamily residential dwelling, mall, strip mall or other commercial building shall require tenants and lessees to separate the divertible materials generated in the unit or space they occupy from municipal solid waste and place the divertible materials in designated containers described in Section 6.06.060s for each type of material to aid in compliance with this chapter. 6.06.100 Diversion Programs Required at Special Events. A. _The promoter, coordinator or responsible party for a Level 2 or 3 special event pursuant to Chapter 11.03 shall provide sufficient containers to handle all municipal solid waste, recyclable materials and food scraps from the event and shall ensure the proper storage, collection and diversion of recyclable materials and food scraps. B. _The responsible party shall, as part of the application for a Level 2 or 3 special event permit, submit an implementation plan for the handling and diversion of recyclable materials and food scraps generated at the event that meets the requirements of this section and submit a deposit of two hundred fifty dollars ($250.00) for a Level 2 event or a deposit of five hundred dollars ($500.00) for a Level 3 event with the application. C. _The promoter, coordinator or responsible party shall provide three types of containers at appropriate locations at the special event to facilitate the source separation of municipal solid waste, recyclable materials and food scraps by event employees, vendors and attendees. The three types of containers shall: 20 KII 5-66 1. Be appropriate in number and size with respect to the quantity of municipal solid waste, recyclable materials, and food scraps anticipated to be generated at the special event; 2. Bear appropriate signage to identify the type of materials to be contained and meet any additional design criteria established by the City; and 3. Be placed together as municipal solid waste, recyclable materials and food scrap stations throughout the special event venue to provide equally convenient access to users for disposal of municipal solid waste and diversion of recyclable materials and food scraps. D. If the promoter or coordinator determines that vendor booths at the special event will require municipal solid waste containers, the coordinator, promoter or responsible party shall provide the vendor with a set of three containers bearing appropriate signage to identify the type of material to be contained in each container. E. The use of public municipal solid waste containers or public recyclable material or food scraps containers at special events is prohibited. The promoter, coordinator or responsible party shall remove or cover all public municipal solid waste, recycling and food scraps receptacles to prevent their use during the special event. F. The promoter, coordinator or responsible party shall arrange for collection of all municipal solid waste, recyclable materials and food scraps at frequencies that prevent the overflow of said materials from storage containers at the special event. For special events of more than one day in duration, all municipal solid waste, recyclable materials and food scraps shall be either collected and transported off site at the end of each day, or emptied into interim containers (lidded wheeled carts, lidded bins or covered roll off boxes) at the end of each day as required to prevent odors, vectors and blowing litter. G. -The promoter, coordinator or responsible party shall arrange for collection and transport of all municipal solid waste to a fully permitted landfill or other fully permitted disposal site, and shall arrange for collection and transport of all recyclable materials and food scraps to permitted processing facilities for these materials to be diverted. H. -The promoter, coordinator or responsible party shall obtain weight tickets from the disposal site and all permitted processing facilities showing the date and weight of the materials delivered to the facility from the special event. I. -The promoter, coordinator or responsible party shall submit the following information to the City within thirty (30) calendar days of the end of the special event: 21 5-67 1. Name and date(s) of the special event; 2. Contact information for the responsible party, promoter or coordinator; 3. Address of location where event was held; 4. Number of attendees for each day of the event; 5. Quantity of municipal solid waste collected and disposed; 6. Quantity of recyclable materials collected and diverted; 7. Quantity of food scraps collected and diverted; and 8. Copies of weight tickets from municipal solid waste disposal facility and all permitted processing facilities where recyclable materials and food scraps were delivered. J. The deposit paid by the promoter, coordinator or responsible party shall be returned upon City verification that the diversion program was carried out in compliance with this section. The deposit shall be retained by the City in the event the Director determines that the solid waste diversion program was not implemented in compliance with this section. 6.06.110 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. Arranae 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 oraanizations or food recovery services for: (i) the collection of edible food for food 22 22 5-68 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 the City or its designee to access the premises and review records pursuant to 14 CCR Section 18991.4; and 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): and C. A record of the following information for each of those food recove services or food recovery organizations: i. Name, address and contact information of the food recovery service or food recovery organization; ii. Types of food that will be collected by or self -hauled to the food recovery service or food recovery organization; iii. Established frequency that food will be collected or self - hauled; and iv. Quantity of food, measured in pounds recovered per month, collected or self -hauled to a food recovery service or food recovery organization for food recovery. D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 495801 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 realaced from time to time). 23 23 5-69 6.06.120 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies. 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): Name. address. and contact information for each commercial edible food generator from which the service collects edible food; 2. Quantity in pounds of edible food collected from each commercial edible food aenerator Der month: 3. Quantity in pounds of edible food transported to each food recovery organization per month; and 4. 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 Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1. Name, address, and contact information for each commercial edible food aenerator from which the oraanization receives edible food: 2. Quantitv in Dounds of edible food received from each commercial edible food generator per month; and 3. Name, address, and contact information for each food recovery service that the oraanization receives edible food from for food recoverv. C. Food recovery oraanizations and food recovery services that have their address physically located in the City and contract with or have written agreements with one or more commercial edible food generator pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later March 31, 2022. 24 24 5-70 D. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste 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, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City. 6.06.130440 -Requirements for Waste Haulers, Facility Operators and Community Composting Operations. A. Requirements for Haulers. Franchisees providing residential, commercial or industrial waste collection services shall meet the following requirements and standards as a condition of approval of a contract, agreement, franchise, or other authorization with the Citv to collect food scraps. or areen waste: Throuah written notice to the Citv annuallv. in accordance with the Ci franchise, on or before June 30, identify the processing facilities to which they will transaort divertible materials. 2. Obtain approval from the City to haul food scraps and/or green waste unless it is transporting these materials to a community composting site or lawfully transaortina C&D in a manner that complies with 14 CCR Section 18989.1. 3. Comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or license issued by the City and within SB 1383 Regulations. B. Requirements for Facility Operators and Community Composting Operations. Owners of arocessina facilities. operations. and activities that recover food scraps and preen 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. 25 2-5 5-71 2. Community composting operators, upon City request, shall provide information to the City to support food scrap and preen waste capacity planning, including, but not limited to, an estimate of the amount of such waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days. 6.06.140 Waivers. A. De Minimis Waivers. The City may waive an AB 341 generator, SB 1383 commercial generator and/or the underlying property owner's obligation to comply with some or all of the diversion requirements of this chapter if the generator submits an application to the City specifying the services that they are requesting a waiver from and provide documentation that the business aenerates food scraps. areen waste or recyclable materials below the following thresholds: 1. For an AB 341 generator, the generator's total solid waste collection service is adequate for the quantities generated at the premises, and consists of four cubic yards or more of the business' total waste. 2. For an SB 1383 commercial generator, the commercial business' total municipal solid waste collection service is two cubic yards or more per week and organic waste is less than 20 gallons per week of the business' total waste: or the commercial business' total municipal solid waste collection service is less than two cubic yards per week and organic waste subject to collection is less than 10 gallons per week of the business' total waste. In the event the City approves the application for a de minimus waiver, the applicant shall notify the City if circumstances change such that the thresholds identified above are exceeded, in which case waiver will be rescinded. Additionally, the applicant shall provide written verification of eligibility for de minimis waiver every five years, if the City has approved de minimis waiver. B. Phvsical Space Waivers. The Citv may waive an AB 341. SB 1383 commercial generator, and/or underlying property owner's obligations (including multi -family residential dwellings) to comply with some or all of the diversion requirements of this chapter if the City has evidence as described herein that the premises lack adequate space for the collection containers required for compliance with the food scraps, green waste and/or recyclable materials collection requirements. 26 26 5-72 An AB 341 or SB 1383 commercial generator 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 lack adequate space for food scraps, green waste and/or recyclable material 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 City has approved application for a physical space waiver. CS. An application for a waiver shall be submitted on a form provided by the Director, with the application fee, and include all information necessary for the Director to make his/her decision, including but not limited to documentation specified above. showing the faGt al support for the requested waiver. The Director may require the applicant to provide additional information to permit the Director to determine facts regarding the waiver application. D. _The Director may approve, conditionally approve, or deny the waiver application, in whole or in part. 27 5-73 IN W I M1111 CS. An application for a waiver shall be submitted on a form provided by the Director, with the application fee, and include all information necessary for the Director to make his/her decision, including but not limited to documentation specified above. showing the faGt al support for the requested waiver. The Director may require the applicant to provide additional information to permit the Director to determine facts regarding the waiver application. D. _The Director may approve, conditionally approve, or deny the waiver application, in whole or in part. 27 5-73 E. The Director's decision shall be final thirty (30) calendar days after notice is provided to the applicant in accordance with Section 1.08.080, unless appealed to the Assistant City Manager within that time frame. Any appeal shall be submitted to the Assistant City Manager on a form approved by the Assistant City Manager along with the appeal fee. If appealed, the Assistant City Manager shall complete his/her review and issue a written decision upholding, overturning or modifying the decision of the Director within thirty (30) calendar days. The decision of the Assistant City Manager shall be final. F. A generator granted a waiver by the City is required to reapply prior to the end of the waiver period and demonstrate continued conditions that warrant the granting of another waiver for a period of up to one year. G. The City Council iMstaa-E adopt, by resolution, a fee to recover costs associated with processing the waiver application and an appeal fee. 6.06.150q Enforcement. A. Violation of any provision of this Chapter 6.06 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this ordinance are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines 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 ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance. B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. C. Enforcement pursuant to this ordinance may be undertaken by the Public Works Director or his/her desianee. D. Process for Enforcement. 1. The Public Works Director or his/her designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, KZ*1 5-74 investigation of complaints, and an inspection program. Section 6.06.080 establishes the City's right to conduct inspections and investigations. 2. The City may issue an official notification to notify regulated entities of its obligations under this chapter. 3. The City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. 4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine. pursuant to Chaoter 1.05 (Administrative Code Enforcement Program). Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information E. Penaltv Amounts for Tvaes of Violations. The Denaltv levels are as set forth in Section 1.05.020 subiect to anv minimum or maximum penalty amounts imposed by SB 1383. F. Compliance Deadline Extension Considerations. The 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: of God such as earthauakes, wildfires. floodina. and other emergencies or natural disasters; 2. Delays in obtaining discretionary permits or other government agency approvals; or 3. Deficiencies in 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 pursuant to Section 1.06.060. 29 M 5-75 H. Education Period for Non -Compliance . Beginning January 1, 2022 and through December 31, 2023, the City will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that an food scrap and preen waste generator, self -hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance 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 the SB 1383 generator, self -hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to section. 6.06.160440 Disclaimer of Liability. The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclable materials, food scraps, green waste, wood waste or municipal solid waste. This chapter shall not create liability on the part of the City, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling discarded materials within the City should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the City is assuming an undertaking to comply with State law and to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. 30 0 5-76 ■ -_ 611, M. 6.06.160440 Disclaimer of Liability. The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclable materials, food scraps, green waste, wood waste or municipal solid waste. This chapter shall not create liability on the part of the City, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling discarded materials within the City should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the City is assuming an undertaking to comply with State law and to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. 30 0 5-76 ORDINANCE NO. 2021 - TITLE 14 WATER AND SEWERS CHAPTER 14.17 WATER -EFFICIENT LANDSCAPING 14.17.005 Purpose. 14.17.010 Definitions. 14.17.020 Applicability. 14.17.030 Landscape Water Use Standards. 14.17.040 Implementation Procedures. 14.17.005 Purpose. The purpose of this chapter and the related design standards is to establish an alternative model acceptable under Governor Brown's April 1, 2015, Drought Executive Order (B-29- 15) and subsequently revised to implement the requirements of Senate Bill 1383, the Short -Lived Climate Pollutant Reduction Act of 2016, as heiRq of least as effective as the State Model Water Efficient I andsGape Ordinance in the context of conditions in the City to: A. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; B. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; C. Establish a structure for planning, designing, installing, and maintaining and managing water -efficient landscapes in new construction and rehabilitated projects; D. Establish provisions for water management practices and water waste prevention for existing landscapes; E. Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount; F. Encourage the use of economic incentives that promote the efficient use of water, such as providing rebate incentives and offering educational programs, and 1 5-77 G. Implement the State mandates set forth in Senate Bill 1383, the Short -Lived Climate Pollutant Reduction Act of 2016. 14.17.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section: A. "Aggregate landscape areas" pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned. B. "Applied water" means the portion of water supplied by the irrigation system to the landscape. C. "Budget -based tiered -rate structure" means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping. D. "Design standards" refers to the Design Standards for Implementation of the Water Efficient Landscape Ordinance, which are hereby adopted by reference and may be amended from time -to -time, which describe procedures, calculations, and requirements for landscape projects subject to this chapter. E. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. F. "Estimated applied water use" or "EAWU" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state. EAWU is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the irrigation efficiency within each hydrozone. G. "ET adjustment factor" or "ETAF" of 0.55 (fifty-five (55) percent) for residential areas and 0.45 (forty-five (45) percent) for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) special landscape area shall not exceed 1.0 (one hundred (100) percent). The ETAF for existing nonrehabilitated landscapes is 0.8 (eighty (80) percent). 1► 5-78 H. "Hardscapes" means any durable material or feature (pervious and nonpervious) installed in or around a landscape area, such as pavements or walls. Surface area of pools and other water features is considered part of the landscape area and not considered hardscape for purposes of this chapter. I. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this chapter is 0.75 (seventy-five (75) percent) for overhead spray devices and 0.81 (eighty-one (81) percent) for drip systems with an overall irrigation efficiency of 0.71 (seventy-one (71) percent). Greater irrigation efficiency can be expected from well designed and maintained systems. J. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation). K. "Landscape documentation package" means the documents required to be provided to the City for review and approval of landscape design projects, as described in the design standards. L. "Landscape project" means the total area of landscape in a project, as provided in the definition of "landscape area." M. "Landscape rehabilitation project" means any relandscaping project that meets the applicability criteria of Section 14.17.020, where the modified landscape area is greater than twenty-five hundred (2,500) square feet. N. "Licensed professional" means a licensed landscape architect, California licensed landscape contractor, civil engineer, architect, or any other person authorized to design or construct a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5 of the California Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code, or any successor statutes. O. "Local water supplier" means any entity, including, but not limited to, a public agency, city, county, or private water company that provides retail water service. 3 5-79 P. "Maximum applied water allowance" or "MAWA" is the upper limit of annual applied water for the established landscape area as specified in Section 2.2 of the design standards. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated applied water use shall not exceed the maximum applied water allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1 - ETAF) x SLA)] Q. "Ministerial permit" means an authorizing document issued by the City's Community Development Department in conjunction with a landscape project which may include, but is not limited to: grading, pools, spas, fountains, ponds, retaining walls, fences and walls, shade structures, trellis structures, barbecues, outdoor fireplaces, etc. R. "MWELO" means the Water Efficient Landscape Ordinance as set forth in 23 CCR, Division 2, Chapter 2.7. S. "New landscape installation project" means a landscape installed in conjunction with any type of new development, whether or not the new development includes construction of new building(s) (e.g., parks, playgrounds, greenbelts, etc.). TS. "Nonpervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. UT. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. VJJ. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, which estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water use plants is zero (0) to 0.1 (ten (10) percent); the plant factor for low water use plants is 0.1 (ten (10) percent) to 0.3 (thirty (30) percent); the plant factor range for moderate water use plants is 0.4 (forty (40) percent) to 0.6 (sixty (60) percent); and the plant factor range for high water use plants is 0.7 (seventy (70) percent) to 1.0 (one hundred (100) percent). Plant factors cited in this chapter are derived from the Department of Water Resources publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). WV. "Recycled water" or "reclaimed water" means a wastewater which, as a result of treatment, is suitable for nonpotable uses not intended for human consumption such as landscape irrigation and water features. n 5-80 XW. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix D of the design standards and is an estimate of the evapotranspiration of a large field of four- to seven -inch -tall, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance. YX. "Smart automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather -based) or soil moisture data with nonvolatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. ZY. "Special landscape area" or "SLA" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, or areas dedicated to active play such as community pools and spas, parks, sports fields, golf courses, or areas where turf provides a playing surface. These areas may have an ET adjustment factor (ETAF) up to 1.0 (one hundred (100) percent). "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool -season grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and Buffalo grass are warm -season grasses. BBAA. "Valve" means a device used to control the flow of water in an irrigation system. CC88. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. 14.17.020 Applicability. 5 5-81 A. Beginning February 1, 2016, and consistent with Executive Order No. B-29-15 and Senate Bill, the Short -Lived Climate Pollutant Reduction Act of 2016, this chapter shall apply to the following landscape projects: 1. New landscape projects (including new single-family, multi -family, public, institutional or commercial projects) with an aggregate landscape area equal to or greater than five hundred (500) square feet which require discretionary or ministerial permits (including building or planning permit, plan check, or landscape design review permit) from the Cit- Ne�^ Sc -ape PPGjen+o with aR aggreg IaRJape area equal te er greater +harp fide hi R r d (500) square foo+ who require diSGre+ienary Or miRisterial permits frem the Git 2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than twenty-five hundred (2,500) square feet which require discretionary or ministerial permits (including building or planning permit, plan check or landscape design review permit) from the City. 3. "I�TDehabilitated landscape projects with an aggregate landscape area of twenty-five hundred (2,500) square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Appendix H of the Design Standards (Prescriptive Compliance Option)_; 4. Ne�T�ehabilitated projects using treated or untreated graywater or rainwater captured on site, any lot or parcels within the project that has less than twenty-five hundred (2,500) square feet of landscape area and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix H of the Design Standards (Prescriptive Compliance Option)_; 55. New landscape installation projects or landscape rehabilitation projects installed at cemeteries shall be subject to the following sections of the design standards: Sections 2.2, Water Efficient Landscape Calculations and Alternatives; 2.8, Post -Installation Irrigation Scheduling; and 2.9, Post -Installation Landscape and Irrigation Maintenance, but shall not require a landscape documentation package (Design Standards Section 2.1). L 5-82 B. This chapter does not apply to: 1. Landscape rehabilitation projects that consist of replacement plantings with equal or lower water needs and the irrigation system is designed, operable and programmed to comply with the City's water conservation regulations; 2. Registered local, State, or Federal historical sites; 3. Ecological restoration projects that do not require a permanent irrigation system; 4. Plant collections, as part of botanical gardens and arboretums open to the public; or 5. Landscape in hazard reduction and fuel modification zones, where applicable. C. Section 14.17.030(B) (requiring compliance with the City's water conservation ordinance) shall apply to all landscape areas, whether installed prior to (existing landscapes) or after adoption of the ordinance codified in this chapter. 14.17.030 Landscape Water Use Standards. A. Property owners or their building or landscape designers that meet the threshold set forth in Section 14.17.020(A)(1) above shall: 1. Comply with Sections 492.6 (a)(3)(B)(CZ(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following: a. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. b. For landscape installations, a minimum three (3) inch laver of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left M 5-83 without mulch. Designated insect habitat must be included in the landsca design plan as such. C. Organic mulch materials made from recycled or post -consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post -consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. 2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or designers that meet the threshold for MWELO compliance outlined in Section 14.17.020(A)L) shall consult the full MWELO for all requirements. For new landscape installation or rehabilitation projects subject to Section 14.17.020, the estimated applied water use allowed for the landscape area shall not exceed the MAWA calculated using an ET adjustment factor of 0.55 (fifty-five (55) percent) for residential areas and 0.45 (forty-five (45) percent) for nonresidential areas, except for special landscape areas where the MAWA is calculated using an ET adjustment factor of 1.0 (one hundred (100) percent); or the design of the landscape area shall otherwise be shown to be equivalently water efficient in a manner acceptable to the City, as provided in the design standards. C.b. Irrigation of all landscape areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the City's water conservation ordinance. 14.17.040 Implementation Procedures. A. A landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this chapter. Any landscape documentation package submitted to the City shall comply with the provisions of the design standards. B. The landscape documentation package shall include a certification of design by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of a licensed professional and are certified to be in compliance with the provisions of this chapter and the design standards. Lf 1. Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. Water use calculations shall be consistent with the procedures and calculations provided in the design standards document. 2. Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion, which shall be submitted to the City prior to final of the permit, per the procedures provided in the design standards document. E 5-85 ATTACHMENT C ORDINANCE NO. 2021 - TITLE 6 HEALTH AND SANITATION CHAPTER 6.04 GARBAGE, REFUSE AND CUTTINGS 6.04.010 Purpose and Intent. 6.04.020 Definitions. 6.04.060 Collection of Solid Waste. 6.04.080 Solid Waste and Divertible Material Container and Bulky Item Requirements. 6.04.090 Commercial and Multifamily Bin and Wheeled Cart Requirements. 6.04.110 Accumulation Limitation. 6.04.120 Storage and Placement of Containers or Bulky Items for Collection. 6.04.130 Administration of Collection Service. 6.04.010 Purpose and Intent. The City Council finds and declares that the regulations contained in this chapter are necessary and appropriate to protect the health, safety and welfare of the citizens of the City by providing minimum standards for the safe and sanitary collection, storage, and transportation ,t►of solid waste, re , and FeGyGlahlo and divertible materials generated within the City. 6.04.020 Definitions. For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined in Chapter 6.06 shall have the same meanings herein unless expressly defined in this chapter. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. "Beach" means and includes all the shore of the Pacific Ocean lying southerly of the most southerly line of the public street nearest and parallel to the ocean and all the shore of the harbor and any bay or channel in the City. 1 "Bin" means an open top, metal whee'e rectangular container with wheels, with attached plastic or metal lid(s), used for storage of solid waste, recyclables materials, green waste, wood, food scraps, construction and demolition debris or other materials, that is provided by the City or a waste hauler authorized by the City. "Cart" means a solid waste, recyclable materials, green waste or food scraps container with a hinged lid and wheels collected by an automated or semi -automated truck, which come in a variety of sizes including, but not limited to, a capacity of twenty-two (22) to twenty-five (25) gallons, thirty-two (32) to thirty-five (35) gallons, sixty-two (62) to sixty- five (65) gallons and ninety (90) to ninety-five (95) gallons, that is provided by the City or a waste hauler authorized by the City. "Garbage, refuse, and cuttings" shall have the same definition as set forth in the applicable portions of Ordinance 1403, adopted on November 8, 1971, and Ordinance 1558 adopted March 25, 1974. "Green waste" means trimmings from trees or shrubs, plants, grass cuttings, or removed or discarded branches, shrubs, plants, leaves or other materials generated from landscapes or gardens. "Municipal solid waste" or "MSW" means putrescible and nonputrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris which shall be separated and segregated from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2) low-level radioactive waste regulated under California Health and Safety Code Sections 114960, et seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 117600. et sea. 5-87 rim 5-87 "Public solid waste container" and "public recyclable material container" shall mean all solid waste and divertible/recyclable material containers suitable for the storage and collection of solid waste or divertible/recyclable material which are procured, placed and maintained on public property in accordance with this chapter. "Recyclable material" or "recyclables" means plaStOG GOntainers, newspaper, papeF, printed materials, paper GentaineFS, Gardbeard and Vis. material which otherwise would become, or be treated as, municipal solid waste but which, by means of a process of collecting, sorting, cleansing, treating, and/or reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the market place. "Recyclable material" includes single -stream recyclable materials and single material recyclables. Recyclable materials includes, but is not limited to, paper, books, magazines, cardboard boxes, plastics, metals, glass, and other similar materials authorized by the City for collection. Recyclable material does not include green waste, wood waste, food scraps or construction and demolition debris. 6.04.060 Collection of Solid Waste and Divertible Materials. A. All solid waste or divertible materials placed in the vicinity of any curb or alley for collection purposes shall become the property of the City, a sanitary district, or a private collector licensed or contracted by the City. B. No person, except an individual acting within the course and scope of their agency or employment with the City, a sanitary district, or a private collector licensed or contracted by the City, shall remove from any place or premises in the City, or transport over public streets, any solid waste or divertible materials. C. No person shall enter onto private property for the purpose of collecting or inspecting solid waste or divertible material except the owner, occupant, manager, person in control of the premises, or a person employed to do so by the City, a sanitary district, or private collector licensed or contracted by the City to perform this service who is then acting within the course and scope of their agency or employment. D. No person shall knowingly aid and abet another person in committing a violation of subsection (A), (B), or (C) of this section. A person is guilty of aiding and abetting 3 another person in committing a violation of subsection (A), (B), or (C) of this section if the person knows of the other person's unlawful purpose and the person specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of a violation of subsection (A), (B), or (C) of this section. E. The provisions of this section shall not prohibit: 1. Any person, with the permission and consent of the property owner, from gathering and removing solid waste, construction and demolition debris, green waste and/or wood waste generated by construction, landscaping or gardening on the property when the solid waste and/or divertible material have not been set out for collection by the City, a sanitary district, or a private collector licensed or contracted by the City; provided, that such activities are in compliance with all provisions of this Code including, but not limited to, the provisions of Chapter 6.06; 2. Any person from removing solid waste generated on property owned or controlled by that person; 3. The immediate removal by any person of solid waste, food scraps, and other divertible material which the Health Officer, Code Enforcement Supervisor, City Manager or his/her designee, Fire Chief, Building Official or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare; 4. Any entity, person or organization from collecting recyclables that have been donated or sold to such entity by the person owning or controlling the premises where the recyclables were generated, in any manner which does not conflict with this chapter or any other provision of this Code; or 5. Any person engaged in the business of destruction of secret, confidential or sensitive documents from collecting, shredding, destroying, recycling and/or disposing of those documents, provided the transport of the documents is incidental to the document destruction or disposal service. 6.04.080 Solid Waste and Divertible Material Container and Bulky Item Requirements. A. Container requirements for solid waste and divertible material vary throughout the City depending upon location and the solid waste and divertible material collector servicing the area. If a container is collected by automated equipment, the container shall not exceed the weight limit provided on the container, including contents. If a container is 4 5-89 collected without automated equipment, the container shall not exceed fifty (50) pounds in weight, including contents. All solid waste and divertible material set out for collection shall satisfy one or more of the following requirements: 1. All municipal Ssolid waste ander divertible material shall be placed in a container --provided by a permitted contractor; or allowed by, the City, amay d;etFiGt eF a- permitted -Gentr-ecter; for use in the specific area the container is provided or used. Materials placed inside a container shall allow complete closure of the lid of the container, otherwise, such materials shall be considered noncontainerized. Solid waste or divertible material—with the exception of bulkv items— shall not be placed on the ground, in a bag, or in a box; .fie 1�'1Al-T.■: �:T-�l.1fr'■nr�r.. r_��irt :■�r_�:. r_Ttn��i _ -WvArwlaya _ r r 52. Bulky item collection (e.g., an item that does not fit within an approved container, bex er bag) varies according to the agreement the City, a sanitary district, or a private community has with a private collector licensed, permitted or contracted by the City. Bulky items shall be placed in accordance with the bulky item collection rules and regulations specific to the various areas of the City, which shall be posted on the City's website. B. No person shall place any municipal solid waste, divertible material or bulky item on public property for collection unless the municipal solid waste and/or divertible materials are in a container, box,-erbag that fully complies with subsection (A) of this section. 6.04.090 Commercial and Multifamily Bin and Wheeled Cart Requirements. 5 5-90 _ r . .r _. .fie 1�'1Al-T.■: �:T-�l.1fr'■nr�r.. r_��irt :■�r_�:. r_Ttn��i _ -WvArwlaya _ r r 52. Bulky item collection (e.g., an item that does not fit within an approved container, bex er bag) varies according to the agreement the City, a sanitary district, or a private community has with a private collector licensed, permitted or contracted by the City. Bulky items shall be placed in accordance with the bulky item collection rules and regulations specific to the various areas of the City, which shall be posted on the City's website. B. No person shall place any municipal solid waste, divertible material or bulky item on public property for collection unless the municipal solid waste and/or divertible materials are in a container, box,-erbag that fully complies with subsection (A) of this section. 6.04.090 Commercial and Multifamily Bin and Wheeled Cart Requirements. 5 5-90 Any person who owns, leases, controls, or has charge of any business or multifamily dwelling, which utilizes commercial solid waste bins or wheeled carts for the storage of solid waste, recyclables, green waste, wood waste, food scraps and/or construction and demolition debris shall ensure: A. The bin and/or wheeled cart is equipped with a lid or cover sufficient to prevent: 1. Odor from escaping the container; 2. Flies and other insects from coming into contact with the contents of the container; 3. The contents from leaving the interior of the container; and 4. Rain or water from entering the interior of the container. B. The frequency of collection of solid waste, green waste, wood waste and food scraps accumulated in the bins and wheeled carts are Pinked up a minim„m of Ono +imo per week and reGyGlable maternal iS PiGked up at least ORe tome per month is consistent with the timeframes set forth in Chapter 6.06. Commercial businesses and multifamily dwellings may place baled cardboard, other baled divertible materials, and flattened cardboard in piles or stacks on loading docks, in container enclosures, and beside or near containers if authorized by the City, a permitted contractor or recyclable materials collector. Piles or stacks of cardboard shall not be placed on top of carts or bins. C. Each bin and cart is maintained in a clean and sanitary manner. D. The lids to the bins or wheeled carts are closed at all times except when solid waste or divertible material is being deposited, the storage area is clean and free of trash and debris, and all oil, grease, fluid and other items are contained within the bin or wheeled cart storage area. E. The storage area is cleaned or power washed, as needed, to keep the area free of grease, oils, fluids, stains or odors. 6.04.110 Accumulation Limitation. No person who owns, leases, controls, occupies or has charge of any premises shall permit solid waste, green waste, wood waste or food scraps to accumulate for a period in 0 5-91 excess of one calendar week, or recyclables to accumulate for a period in excess of -GR -e Galendar month fourteen days. No person shall fail, refuse or neglect to place such solid waste and divertible material for collection in accordance with schedules established therefor, the provisions of this chapter, the provisions of Chapter 6.06, and rules and regulations established pursuant thereto. 6.04.120 Storage and Placement of Containers, Boxes, Bags or Bulky Items for Collection. A. Storage of Containers,, Boxes, QBag-.ci or Bulky Items. Containers, boxes bag-& or bulky items shall be stored in a garage, carport, trash enclosure, or in the side yard, and beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line except when the containers, boxes bag -S or bulky items are placed out for collection. B. Placement for Collection. 1. Containers,, boxes, bagv or bulky items shall be placed for collection in a location easily accessible to the solid waste and divertible material collector such as the streetside of the adjacent sidewalk, in the parkway, or in driveways and adjacent to the curb line. Containers, boxes bags or bulky items shall be placed in the street in a manner that does not impede traffic. 2. If solid waste is collected from an alley abutting the premises, containers; boxes, bags or bulky items shall be placed for collection as close to the alley property line as feasible and on private property. In any alley where a yellow line has been painted by City to demarcate private from public property, containers; "exec bag or bulky items shall be placed adjacent to the yellow line on the private property side. Containers, homes, bags or bulky items shall not be placed more than eight feet onto private property as measured from the alley property line or placed in a manner which could obstruct vehicular travel through the alley. 3. Unless an exception applies or other arrangements have been made with the solid waste and divertible material collector serving an area, containers, boxes, Fags or bulky items shall not be considered placed for collection and solid waste and divertible material will not be collected unless the containers, "exec bag -S or bulky items are removed from any enclosure, structure, cabinet, cart or shelf. 7 5-92 4. Containers, "�sbag-s or bulky items shall be placed for collection at residences before 7-L006:30 a.m. on collection days and at businesses before 5:00 a.m. Containers, boxes bag -s, or bulky items shall not be placed for collection at residences or businesses earlier than 7:00 p.m. the day preceding the collection day, and containers, boxes or bags shall be relocated to their required storage place as soon as possible after collection, but no later than 7-L906:30 p.m. of the day of collection. C. The owner and tenant shall be responsible for the placement of containers, boxes, Fags or bulky items; provided, however, the occupant of any dwelling unit for which a short-term lodging permit has been issued by the City shall not be responsible for compliance with this section. 6.04.130 Administration of Collection Service. The City Manager or designated representatives shall administer the provisions of this chapter. In carrying out this responsibility, he or she shall have the following powers and duties: A. Establish the routes, hours and days of collection and he or she may change the same as he or she deems necessary, and shall give notice of such routes, hours, days and changes as seems advisable. B. Establish rules and regulations consistent with this chapter governing storage, collection and disposal of solid waste and collection and diversion of recyclables, green waste, wood, food scraps and other material including the determination of standards and specifications for approved containers, "exec eF bap and the placement of containers, be,os ochugs. The rules may permit special containers or bins when the quantity or the nature of the material to be collected so requires. C. Establish additional rules and regulations consistent with this chapter as may be necessary, reasonable and proper to effect the sanitary, expedient, economical and efficient collection, removal and disposal of solid waste and diversion of recyclables, green waste, wood, food scraps and other materials. 0 5-93