HomeMy WebLinkAboutOrdinances_2945ORDINANCE 2945
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS,
CALIFORNIA, ADDING A NEW CHAPTER 13.67 (MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 13 OF THE
REDLANDS MUNICIPAL CODE RELATED TO INTEGRATED SOLID
WASTE MANAGEMENT AND MAKING A DETERMINATION OF THE
EXEMPTION UNDER CEQA.
WHEREAS, the City of Redlands, California ("City") is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
WHEREAS, State Recycling Law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as
amended, supplemented, superseded, and replaced from time to time and as implemented by
regulations of the California Department of Resources, Recycling and Recover ("CalRecycle")),
requires the City to reduce, reuse, and recycle (including composting) Solid Waste generated in
the City to the maximum extent feasible before any incineration or landfill disposal of waste, to
conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State Recycling Law, Assembly Bill 341 of 2011 places requirements on
businesses and Multi -Family property owners with five (5) or more dwelling units, that generate a
specified threshold amount of Solid Waste to arrange for recycling services and requires the City
to implement a Mandatory Commercial Recycling program; and
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (requires
businesses, including multi -Family property owners with five (5) or more dwelling units, that
generate a specified threshold 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 mandatory
commercial organic recycling program for designated businesses and multi -family property
owners; and
WHEREAS, Senate Bill "SB" 1383, the Short-lived Climate Pollutant Reduction Act of
2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. The regulations place requirements on multiple entities including the City, residential
households, Commercial Businesses and business owners, Commercial Edible Food Generators,
haulers, Self -Haulers, Food Recovery Organizations, and Food Recovery Services to support
achievement of Statewide Organic Waste disposal reduction targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant
provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by
requiring Commercial Edible Food Generators to arrange to have the maximum amount of their
Edible Food, that would otherwise be disposed, be recovered for human consumption; and
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WHEREAS, SB 1383 Regulations require the City to adopt and enforce an ordinance or
other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations and
are firther designed to help reduce food insecurity by requiring Commercial Edible Food
Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be
disposed, be recovered by human consumption; and
WHEREAS, this ordinance implements the requirements of the SB 1383 Regulations.
THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA ORDAIN AS
FOLLOWS:
Section 1. Chapter 13.67 is hereby added to Title 13 of the Redlands Municipal Code
to read as follows:
"CHAPTER 13.67
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
13.67.010 Purpose
13.67.020 Definitions
13.67.030 Requirements for Single -Family Generators
13.67.040 Requirements for Commercial Organic Waste Generators and Commercial
Business Generators
13.67.050 Waivers for Generators
13.67.060 Requirements for Commercial Edible Food Generators
13.67.070 Requirements for Food Recovery Organizations and Services
13.67.080 Requirements for Haulers and Facility Operators
13.67.090 Self -Hauler Requirements
13.67.100 Model Water Efficient Landscaping Ordinance Requirements
13.67.110 Procurement Requirements for City Departments, Direct Service Providers and
Vendors
13.67.120 Inspections and Investigations by the City
13.67.130 Enforcement
13.67.010 PURPOSE:
This Chapter is intended to comply with SB 1383, the, Short-lived Climate Reduction Act of 2016,
and its implementing regulations. SB 1383 Regulations place requirements on Cities, Single -
Family Residential Dwellings, Commercial Businesses including Multi -Family Residential
Dwellings, Commercial Edible Food Generators, Self -Haulers, Food Recovery Organizations and
Food Recovery Services to achieve statewide Organic Waste disposal reduction targets to reduce
organics in landfills as a source of methane. SB 1383 requires the City to adopt and enforce an
enforceable mechanism, such as the ordinance codified in this Chapter to implement SB 1383
Regulations.
13.67.020 DEFINITIONS:
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For the purposes of this chapter, the following words, terms, phrases and their derivations have the
meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall
have the same meanings herein unless the context otherwise requires. 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. In the event of a conflict between a definition in this Code and a
definition in CalRecycle's SB 1383 Regulations (14 CCR Section 18982), the definitions in 14
CCR Section 18982 shall control for the purposes of this chapter. Additionally, for the purposes
of this chapter, the definitions in 14 CCR 18982 shall control for terms used in this chapter and
not defined in this Code. Unless otherwise specified herein, references to the statute or regulation
means the statute or regulation, as amended, supplemented, superseded and replaced from time to
time.
A. `Black Container" has the same meaning as in 14 CCR Section 18982 (a)(28) and shall be used
for the purpose of storage and collection of Black Container Waste. Black Container Waste
means Solid Waste that is collected in a Black Container that is part of the City's three (3)
Organic Waste collection service as specified in 14 CCR Section 18984.1. Designated
Recyclable Materials, Designated Organic Waste, and/or Designated Food Scraps do not
constitute Black Container Waste.
B. "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used
only for the purpose of storage and collection of Source Separated Recyclable Materials or
Source Separated Blue Container Organic Waste.
C. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is
the Department designated with responsibility for developing, implementing, and enforcing
SB 1383 Regulations on Jurisdictions (and others).
D. "California Code of Regulations" or "CCR" means the State of California Code of Regulations.
CCR references in this ordinance are preceded with a number that refers to the relevant Title
of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
E. "City" means City of Redlands
F. "City Manager" means the City Manager or his/her designee
G. "City Enforcement Official" means the City Manager of the City, and/or his/her designee(s),
including such City employees who are partially or wholly responsible for enforcing City
ordinances, provision of the Redlands Municipal Code (the "Code" or "this Code"), and rules
and regulations promulgated thereunder.
H. "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
Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5)
units is not a Commercial Business for purposes of implementing this ordinance.
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I. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible
Food Generator as defined in Section 13.67.020 of this ordinance or as otherwise defined in
14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery
Organizations and Food Recovery Services are not Commercial Edible Food Generators
pursuant to 14 CCR Section 18982(a)(7).
J. "Compliance Review" means a review of records by a Jurisdiction to determine compliance
with this ordinance.
K. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the
effective date of this ordinance, that "Compost" means the product resulting from the
controlled biological decomposition of organic Solid Wastes that are Source Separated from
the municipal Solid Waste stream, or which are separated at a centralized facility.
L. "Container Contamination" or "Contaminated Container" means a container, regardless of
color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR
Section 18982(a)(55).
M. "C&D" means discarded or used materials removed from construction, remodeling, repair,
renovation and/or demolition debris on any pavement, house, commercial building or other
structure, or from landscaping; or, as otherwise defined in Title 15, Chapter 15.16 (Buildings
& Construction — California Green Buildings Standards Code).
N. "Designated Food Scraps" means items designated by the City for placement in the Green
Container that is specifically intended for the separate collection of Food Scraps and other
Organic Waste materials which may be designated from time to time by the City Manager or
his/her designee. Designated Food scraps includes all food such as, but not limited to fiuits,
vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, past, bread, cheese and
eggshells. Food scraps excludes fats, oil and grease (FOG), meat and/or bones when such
materials have been source separated from other Food Scraps for the purposes of sending to a
rendering company.
O. "Designated Non -Organic Recyclables" means non-putrescible and non -hazardous recyclable
waste including but not limited to bottles, can, metals, plastics and glass, or as otherwise
defined in 14 CCR Section 18982(a)(43) and other materials which may be designate from
time to time by the City Manager or his/her designee.
P. "Designated Organic Waste" means Organic Waste designated by the City for placement in a
Green Container that is specifically intended for the separate collection of Organic Waste
excluding Designated Blue Container Waste, carpets, Non-Compostable Paper and textiles.
Designated Organic Waste includes garden trimmings, leaves, grass clippings, weeds, shrub
clippings and other materials which may be designated from time to time by the City Manager
or his/her designee.
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Q. "Designated Recyclable Materials" means items designated for placement in the Blue
Container specifically intended for the separate collection of Designated Non -Organic
Recyclables and Designated Blue Container Organic Waste.
R. "Designee" means an entity that a City contracts with or otherwise arranges to carry out any
of the City's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A
Designee may be a government entity, a hauler, a private entity, or a combination of those
entities.
S. "Edible Food" means food intended for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14
CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not
discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or
authorizes the Recovery of Edible Food that does not meet the food safety requirements of the
California Retail Food Code.
T. "Enforcement Action" means an action of the City to address non-compliance with this
ordinance including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19).
U. "Enforcement Official" means the City Manager or the City's authorized Designee(s) who
is/are partially or wholly responsible for enforcing this chapter.
V. "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated
waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic
substances or material that facility operator(s), which receive materials from the City and its
generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing,
or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including:
land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or
accepted at the facility by permit conditions, waste that in the City's Enforcement Official's ,
or its Designee's reasonable opinion would present a significant risk to human health or the
environment, cause a nuisance or otherwise create or expose the City, or its Designee, to
potential liability; but not including de minimis volumes or concentrations of waste of a type
and amount normally found in Single -Family or Multi -Family Solid Waste after
implementation of programs for the safe collection, processing, recycling, treatment, and
disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California
Public Resources Code. Excluded Waste also includes materials which require separate
handling and cannot be collected from standard solid waste, recycling or organic containers,
including but not limited to appliances, scrap metal, electronics, tires and oversized furniture
items.
W. "Food Distributor" means a company that distributes food to entities including, but not limited
to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
X. "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
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Y. "Food Recovery" means actions to collect and distribute food for human consumption that
otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
Z. "Food Recovery Organization" means an entity that engages in the collection or receipt of
Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the
public for Food Recovery either directly or through other entities or as otherwise defined in 14
CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and
Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of
this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section
18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from
this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
AA. "Food Recovery Service" means a person or entity that collects and transports Edible Food
from a Commercial Edible Food Generator to a Food Recovery Organization or other entities
for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food
Recovery Service is not a Commercial Edible Food Generator for the purposes of this
ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
BB. "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry,
seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps
excludes fats, oils, and grease when such materials are Source Separated from other Food
Scraps.
CC. "Food Service Provider" means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on
contractual arrangements with these types of organizations, or as otherwise defined in 14
CCR Section 18982(a)(27).
DD. "Food -Soiled Paper" is compostable paper material that has come into contact with food or
liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza
boxes, and milk cartons.
EE. "Food Waste" means Food Scraps but does not include Food Soiled Paper or Compostable
Plastics unless otherwise specified by the City.
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FF. "Generator" means a person or entity that is responsible for the initial creation of Solid
Waste, and with respect to Organic Waste; or, as otherwise defined in 14 CCR Section
18982(a)(48).
GG. "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be
used for the purpose of storage and collection of Source Separated Green Container Organic
Waste. Or "...shall be used for the purpose of storage and collection of Designated Organic
Waste." "Grocery Store" means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a bakery,
deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
HH. "Hauler Route" means the designated itinerary or sequence of stops for each segment of the
City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
II. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average Mixed Waste organic content Recovery rate of 50 percent between January
1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant
to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste organic
collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in
14 CCR Section 18982(a)(33).
JJ. "Inspection" means a site visit where the City reviews records, containers, and an entity's
collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling
to determine if the entity is complying with requirements set forth in this ordinance or
chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
KK. "Landscape Waste" means tree and shrubbery trimmings, vegetation from land clearing,
grass cuttings, leaves, garden organic materials, sawdust, straw, wood chips and other
discarded plant or vegetation material.
LL. "Large Event" means an event, including, but not limited to, a sporting event or a flea market,
that charges an admission price, or is operated by a local agency, and serves an average of
more than 2,000 individuals per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street
system, or other open space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall
apply to this ordinance.
MM. "Large Venue" means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the
venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7,
Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately
owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic
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center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground,
museum, theater, or other public attraction facility. For purposes of this ordinance and
implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or
control that includes more than one Large Venue that is contiguous with other Large Venues
in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs
from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this
ordinance.
NN. "Local Education Agency" means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to Solid Waste,
or as otherwise defined in 14 CCR Section 18982(a)(40).
00. "Multi -Family Residential Dwelling" or "Multi -Family" means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi -Family premises do not
include hotels, motels, or other transient occupancy facilities, which are considered
Commercial Businesses. "MWELO" refers to the Model Water Efficient Landscape
Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
PP. "MWELO" refers to the Model Water Efficient Landscape Ordinance MWELO), 23 CCR,
Division 2, Chapter 2.7.
QQ. "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the composting process or is not accepted for composting
at the local composting facility, or as otherwise defined in 14 CCR Section 18982(a)(41).
RR. "Non -Organic Recyclables" means non-putrescible and non -hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined
in 14 CCR Section 18982(a)(43).
SS. "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a
compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR
Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
TT. "Organic Waste" means Solid Wastes containing material originated from living organisms
and their metabolic waste products, including but not limited to food, green material,
landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products,
Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section
18982(a).
UU. "Organic Waste Generator" means a person or entity that is responsible for the initial creation
of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
VV. "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping,
packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise
defined in 14 CCR Section 18982(a)(51).
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WW. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila
envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing
papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or
as otherwise defined in 14 CCR Section 18982(a)(54).
XX. "Prohibited Container Contaminants," unless otherwise defined in 14 CCR Section
18982(a)(55), means the following:
(1) Discarded materials placed in the Blue Container that are not identified by the City
as acceptable Source Separated Recyclable Materials for the Blue Container;
(2) Discarded materials placed in the Green Container that are not identified as
acceptable Source Separated Green Container Organic Waste for the Green
Container;
(3) Discarded materials placed in the Black Container that are acceptable Source
Separated Recyclable Materials and/or Source Separated Green Container Organic
Wastes to be placed in the Green Container and/or Blue Container; and,
(4) Excluded Waste placed in any container.
YY. "Recovered Organic Waste Products" means products made from California, landfill -
diverted recovered Organic Waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
ZZ. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as
otherwise defined in 14 CCR Section 18982(a)(49).
AAA. "Recycled -Content Paper" means Paper Products and Printing and Writing Paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined
in 14 CCR Section 18982(a)(61).
BBB. "Renewable Gas" means gas derived from Organic Waste that has been diverted from a
California landfill and processed at an in -vessel digestion facility that is permitted or
otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14
CCR Section 18982(a)(62).
CCC. "Restaurant' means an establishment primarily engaged in the retail sale of food and drinks
for on -premises or immediate consumption, or as otherwise defined in 14 CCR Section
18982(a)(64).
DDD. "Route Review" means a visual Inspection of containers along a Hauler Route for the
purpose of determining Container Contamination and may include mechanical Inspection
methods such as the use of cameras, or as otherwise defined in 14 CCR Section
18982(a)(65).
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EEE. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division
30 of the Public Resources Code, establishing methane emissions reduction targets in a
Statewide effort to reduce emissions of short-lived climate pollutants as amended,
supplemented, superseded, and replaced from time to time.
FFF. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this
ordinance, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12
and amended portions of regulations of 14 CCR and 27 CCR.
GGG. "Single -Family" means of, from, or pertaining to any residential premises with fewer than
five (5) units.
HHH. "Solid Waste" has the same meaning as defined in State Public Resources Code Section
40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, abandoned vehicles and parts thereof, discarded home
and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is
not hazardous waste, manure, vegetable or animal solid and semi -solid wastes, and other
discarded solid and semisolid wastes, with the exception that Solid Waste does not include
any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter
8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health
and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste
landfill, as defined in State Public Resources Code Section 40195.1. Medical waste
that has been treated and deemed to be Solid Waste shall be regulated pursuant to
Division 30 of the State Public Resources Code.
III. "Source Separated" means materials, including commingled recyclable materials, that have
been separated or kept separate from the Solid Waste stream, at the point of generation, for
the purpose of additional sorting or processing those materials for recycling or reuse in
order to return them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards necessary to be used in
the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the
purposes of the ordinance, Source Separated shall include separation of materials by the
generator, property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of collection such that Source
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Separated materials are separated from Black Container Waste/Mixed Waste or other Solid
Waste for the purposes of collection and processing.
JJJ. "State" means the State of California.
KKK. "Supermarket' means a full -line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods,
or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section
18982(a)(71).
LLL. "Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator
differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this
ordinance.
MMM."Tier Two Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
(2) Hotel with an on -site Food Facility and 200 or more rooms.
(3) Health facility with an on -site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size
equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on -site Food Facility.
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If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator
differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this
ordinance.
NNN. "Wholesale Food Vendor" means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received,
shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other
destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
13.67.030 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS:
Single -Family Organic Waste Generators shall comply with the following requirements:
(a) Shall subscribe to the City's three -container Organic Waste collection services for all
Organic Waste generated as described below in Section 13.67.030(b). The City shall have
the right to review the number and size of a generator's containers to evaluate adequacy of
capacity provided for each type of collection service for proper separation of materials and
containment of materials; and Single -Family generators shall adjust its service level for its
collection services as requested by the City. Generators may additionally manage their
Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste
on site, and/or using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
(b) Shall participate in the City's Organic Waste collection service(s) by Source Separating
Designated Recyclable Materials and Designated Organic Waste (including designated
Food Scraps which shall first be preparedibagged in the manner described in notice
provided by the City) from other waste and placing designated materials in designated
containers as described below:
(1) Shall place only Designated Recyclable Materials in the Blue Container.
(2) Shall place only Designated Organic Waste Materials in the Green Container.
(3) Shall prepare all materials designated for collection as per written instructions
provided by the City or its designee.
(4) Shall NOT place Designated Recyclable Materials in Black or Green Containers
and shall NOT place Designated Organic Waste Materials in Blue or Black
Containers.
(5) Shall not place Prohibited Container Contaminants in collection containers.
13.67.040 REQUIREMENTS FOR COMMERCIAL ORGANIC WASTE GENERATORS
AND COMMERCIAL BUSINESS GENERATORS:
Commercial Organic Waste Generators and Commercial Businesses shall comply with the
following requirements:
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(a) Shall subscribe to the City's Organic Waste collection service(s) and comply with
requirements of those services as described below in Section 13.67.040(b). The City shall
have the right to review the number and size of a generator's containers and frequency of
collection to evaluate adequacy of capacity provided for each type of collection service for
proper separation of materials and containment of materials; and Commercial Businesses
shall adjust their service level for their collection services as requested by the City.
(b) Except for Commercial Businesses that meet the Self -Hauler requirements in Section
13.67.090 of this Chapter, generators that are Commercial Businesses, including Multi -
Family Residential Dwellings, shall participate in the City's Organic Waste collection
service(s) by Source Separating Designated Recyclable Materials and Designated Organic
Waste (including Designated Food Scraps) from other waste and placing designated
materials in designated containers as described below:
(1) Shall place only Designated Organic Waste in the Green Container; Designated
Food Scraps in the Green Container; Designated Recyclable Materials in the Blue
Container; and Black Container Waste in the Black Container.
(2) Shall NOT place materials designated for the Black Container into the Green
Container or Blue Container.
(3) Shall NOT place Designated Recyclable Materials, Designated Food Scraps or
Designated Organic Waste into any container other than the container designated
for each of the corresponding materials.
(4) Shall NOT place Prohibited Container Contaminants in any container.
(c) Commercial Businesses, including Multi -Family Residential Dwellings, shall supply and
allow access to adequate number, size and location of collection containers with sufficient
labels or colors (conforming with Sections 13.67.040(d)(1) and 13.67.040(d)(2) below for
employees, contractors, tenants, and customers, consistent with the City's collection
services or, if self -hauling, per the Commercial Businesses' instructions to support its
compliance with its self -haul program, in accordance with Section 13.67.090.
(d) Commercial Businesses, not including Multi -Family Residential Dwellings, shall provide
containers for the collection of Designated Organic Waste, Designated Food Scraps and
Designated Recyclable Materials in all indoor and outdoor areas where disposal containers
are provided for customers, for materials generated by that business. Such containers do
not need to be provided in restrooms. If a Commercial Business does not generate any of
the materials that would be collected in one type of container, then the business does not
have to provide that 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, with either lids conforming to the color
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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.
(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.
(e) Multi -Family Residential Dwellings are not required to comply with container placement
requirements or labeling requirements pursuant to 14 CCR Section 18984.9(b).
(f) Commercial Businesses shall implement policies and procedures to educate and train
employees on proper separation of materials and prohibit employees from placing materials
in a container not designated for those materials per City's Solid Waste collection services.
(g) Commercial Businesses, excluding Multi -Family Residential Dwellings, shall inspect
Blue, Green and/or Black containers provided pursuant to Section 13.67.040(d) at least
weekly for contamination and inform employees and tenants/occupants if containers are
contaminated and of the requirements to keep contaminants out of those containers
pursuant to 14 CCR Section 18984.9(b)(3).
(h) Commercial Businesses, including Multi -Family Dwellings, shall at least annually provide
written information on training to employees, contractors, tenants and customers bout
Organic Waste Recovery requirements and about proper sorting of Designated Organic
Waste, Designated Food Scraps and Designated Recyclable Materials.
(i) Commercial Businesses, including Multi -Family Residential Dwellings, shall provide
education information described in subsection (g) of this Section to new employees and/or
tenants within fourteen (14) days of hiring new employees or of occupation of the premises
by tenants. Education information shall describe requirements to keep Designated Organic
Waste, Designated Food Scraps and Designated Recyclable Materials separate from Black
Container Waste and the location of containers and the rules governing their use at each
property.
(j) Commercial Businesses, including Multi -Family Residential Dwellings, shall provide or
arrange access for the City or its agent(s) to their properties during all Inspections
conducted in accordance with Section 13.67.120 of this Chapter to confirm compliance
with the requirements of this Chapter.
(k) Commercial Businesses, including Multi -Family Residential Dwellings, if generating two
(2) cubic yards or more per week of total Solid Waste (or other threshold defined by the
State), shall requires that any contract or work agreements between the owner, occupant,
or operator of the Commercial Business and a gardening or landscaping service specify
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that the Organic Waste generated by those services be managed in compliance with Chapter
12, Part 3, Division 30 of the State Public Resources Code.
(1) Commercial Businesses, including Multi -Family Residential Dwellings, that wish to self -
haul Organic Waste or recyclables, shall meet the Self -Hauler requirements in Section
13.67.090 of this Chapter.
(m) Nothing in this Section prohibits a generator from preventing or reducing waste generation,
managing Organic Waste on site, or using a Community Composting site pursuant to 14
CCR Section 18984.9(c).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators
shall comply with Food Recovery requirements, pursuant to Section 13.67.060.
13.67.050 WAIVERS FOR GENERATORS:
(a) De Minimis Waivers. The City may waive a Commercial Business' (including Multi -
Family Residential Dwellings) obligation to comply with some or all the Organic Waste
requirements of this Chapter if the Commercial Business provides documentation that the
business generates below a certain amount of Organic Waste material as described in
Section 13.67.050(a)(2) below. Commercial Businesses requesting a de minimis waiver
shall:
(1) Apply specifying the services that they are requesting a waiver from and provide
documentation as noted in Section 13.67.050(a)(2) below.
(2) Provide documentation that either:
(A) The Commercial Business' total Solid Waste collection service is two cubic
yards or more per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 20 gallons per week per
applicable container of the business' total waste; or,
(B) The Commercial Business' total Solid Waste collection service is less than
two cubic yards per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 10 gallons per week per
applicable container of the business' total waste.
(3) Notify the City within fifteen (15) days if circumstances change such that
Commercial Business's Organic Waste exceeds threshold required for waiver, in
which case waiver will be rescinded.
(4) De minimis waivers are to be valid for up to a period not to exceed every five (5)
years and are subject to a reverification audit conducted by the City or its designee
at any time.
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(b) Physical Space Waivers. The City may waive a Commercial Business' or property
owner's obligations (including Multi -Family Residential Dwellings) to comply with some
or all of the recyclable materials and/or Organic Waste collection service requirements if
the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer
demonstrating that the premises lacks adequate space for the collection containers required
for compliance with the Organic Waste collection requirements of Section 13.67.040.
A Commercial Business or property owner may request a physical space waiver through
the following process:
(1) Submit an application to the City Manager or his/her designee specifying the
type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers
and/or Green Containers including documentation from its hauler, licensed
architect, or licensed engineer.
(3) Notify the City if circumstances change such that Commercial Business has
adequate space for the collection containers required for compliance with the
Organic Waste collection requirements of Section 13.67.040, in which case the
waiver will be rescinded. In addition, if the City determines at any time that a
Commercial Business that has adequate space for the collection containers required
for compliance with Organic Waste collection requirements of Section 13.67.040,
the City shall rescind the waiver.
(4) Provide written verification to the City that it is still eligible for physical space
waiver every five (5) years, if the City has approved application for a physical space
waiver.
(c) The City Manager and/or his/her designee will be responsible for Review and Approval of
Waivers.
13.67.060 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.
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(2) Contract with or enter into a written agreement with Food Recovery Organizations
or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery;
or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator
self -hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a
Food Recovery Organization or a Food Recovery Service.
(4) Allow the City's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant to 14 CCR
Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in
14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or
receives its Edible Food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self -hauled to the Food
Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self -hauled.
(iv) The quantity of food, measured in pounds recovered per month,
collected or self -hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.
(6) Provide the City upon request, an annual Food Recovery report that includes
information on the food recovery efforts of the business for the year, including
information on amount recovered and outlets recovered food.
(d) Nothing in this ordinance 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
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and Safety Code, relating to food safety, as amended, supplemented, superseded and
replaced from time to time).
13.67.070 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND
SERVICES:
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible
Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization
that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established under
14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified
by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial Edible
Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that
the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary address
physically located in the City and contract with or have written agreements with one or
more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall
report to the City the total pounds of Edible Food recovered in the previous calendar year
from the Tier One and Tier Two Commercial Edible Food Generators they have established
a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than
April 1 st of each year.
13.67.080 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS:
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(a) Requirements for Haulers
(1) Permitted and Licensed haulers providing residential, Commercial, or industrial
Organic Waste collection services to generators within the City's boundaries shall
meet the following requirements and standards as a condition of approval of a
contract, agreement, or other authorization with the City to collect Organic Waste:
(A) Through written notice to the City, identify the facilities to which they will
transport Organic Waste.
(B) Transport Organic Waste to a facility, operation, activity, or property that
recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12,
Article 2.
(C) Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1
and keep a record of the documentation of its approval by the City.
(D) Comply with the applicable requirements of 14 CCR, Division 7, Chapter
12, Article 3.
13.67.090 SELF -HAULER REQUIREMENTS:
(a) Self -Haulers shall source separate all Designated Recyclable Materials and Designated
Organic Waste (materials that the City otherwise requires generators to separate for
collection in the City's organics and recycling collection program) generated on -site from
Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall
haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in
14 CCR Section 18984.3.
(b) Self -Haulers shall haul their Source Separated Designated Recyclable Materials to a
facility that recovers those materials; and haul their Source Separated Green Container
Organic Waste to a Solid Waste facility, operation, activity, or property that processes or
recovers Source Separated Organic Waste. Alternatively, Self -Haulers may haul Organic
Waste to a High Diversion Organic Waste Processing Facility.
(c) Self -Haulers that are Commercial Businesses (including Multi -Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid
Waste facility, operation, activity, or property that processes or recovers Organic Waste;
this record shall be subject to Inspection by the City. The records shall include the
following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the generator to each
entity.
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(3) If the material is transported to an entity that does not have scales on -site or employs
scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to
determine the weight of materials received, the Self -Hauler is not required to record
the weight of material but shall keep a record of the entities that received the
Organic Waste.
(d) Self -Haulers that are Commercial Businesses (including Multi -Family Self -Haulers) shall
provide information collected in Section 13.67.090(c) to the City upon request.
(e) A Single -Family residential Organic Waste Generator that self -hauls Organic Waste i9s
not required to record or report information in Sections 13.67.090(c) and (d).
13.67.100 MODEL WATER EFFICIENT LANDSCAPING ORDINANCE
REQUIREMENTS:
(a) In addition to any requirements of this code, property owners or their building or landscape
designers, including anyone requiring a building or planning permit, plan check, or
landscape design review from the City, who are constructing a new (Single -Family, Multi -
Family, public, institutional, or Commercial) project with a landscape area greater than 500
square feet, or rehabilitating an existing landscape with a total landscape area greater than
2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the
MWELO, including sections related to use of Compost and mulch as delineated in this
Section 14.
(d) If, after the adoption of this ordinance, the California Department of Water Resources, or
its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B)
(C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that
requires Cities to incorporate the requirements of an updated MWELO in a local ordinance,
and the amended requirements include provisions more stringent than those required in this
Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
13.67.110 PROCUREMENT REQUIREMENTS FOR CITY DEPARTMENTS, DIRECT
SERVICE PROVIDERS AND VENDORS:
City departments, direct service providers to the City and all vendors as applicable, must comply
with the City's Recovered Organic Waste Product procurement policy and Recycled -Content
Paper procurement policy.
13.67.120 INSPECTIONS AND INVESTIGATIONS BY THE CITY:
(a) City representatives and/or its 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 Organic Waste
Generators, Commercial Businesses (including Multi -Family Residential Dwellings),
property owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food
Recovery Services, and Food Recovery Organizations, subject to applicable laws. This
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Section does not allow the City to enter the interior of a private residential property for
Inspection.
(b) Regulated entity shall provide or arrange for access during all Inspections (except for
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) City 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 with SB 1383 Regulations, including receipt of anonymous
complaints in accordance with SB 1383 Regulations (14 CCR Section 18995.3
13.67.130 ENFORCEMENT:
(a) Violation of any provision of this ordinance 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) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the City
Enforcement Official, which may be the City Manager or their designated entity,
legal counsel, or combination thereof.
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(A) City Enforcement Official(s) will interpret this Chapter; determine the
applicability of waivers, if violation(s) have occurred; implement
Enforcement Actions; and, determine if compliance standards are met.
(B) City Enforcement Official(s) may issue Notices of Violation(s).
(d) Process for Enforcement
(1) City Enforcement Official(s) and/or their Designee will monitor compliance with
the ordinance randomly and through Compliance Reviews, Route Reviews,
investigation of complaints, and an Inspection program. Section 13.67.120
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 the ordinance.
(3) For incidences of Prohibited Container Contaminants found in containers, the City
or its Designee will issue an informational Notice of Contamination to any
generator found to have Prohibited Container Contaminants in a container. Such
notice will be provided via a cart tag or other communication immediately upon
identification of the Prohibited Container Contaminants or within ten (10) days
after determining that a violation has occurred. If the City or its Designee observes
Prohibited Container Contaminants in a generator's containers on more than two
(2) occasions, the City or its Designee may arrange for pick up and disposal of
contaminated containers and assess contamination processing fees (such as return
trip fees and extra pick-up fees) on the generator.
(4) To address violations of this Chapter, the City shall issue a Notice of Violation
requiring compliance within thirty (30) calendar days after issuance of the notice,
or such shorter reasonable specific time period as the City Enforcement Official
shall assign within which the generator must correct or otherwise remedy each
violation, but in no event less than twenty-four (24) hours from the date and time
the Notice of Violation is issued.
(5) 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 the Chapter/Section addressing fines &
penalties of our MC, unless the City determines compliance deadline extensions as
set forth in Section 13.67.130(f) are found to be warranted by extenuating
circumstances.
(e) Penalty Amounts for Types of Violations
The penalty amounts for violation of this Chapter shall be consistent with the City's
Administrative Remedies Ordinance or fee schedule (Resolution 8045 of the City of
Redlands) and assessed as the rates referenced.
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(f) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation issued if
it finds that there are extenuating circumstances beyond the control of the respondent that
make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals;
or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery
capacity and the City is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected
violation may request a hearing to appeal the citation. A hearing will be held only if it is
requested within the time prescribed and consistent with the City's procedures in the City's
codes for appeals of administrative citations. Evidence may be presented at the hearing.
The City will appoint a hearing officer who shall conduct the hearing and issue a final
written order.
(i) Education Period for Non -Compliance
Beginning January 1, 2022 and through December 31, 2023, the City will conduct
Inspections, Route Reviews and/or waste evaluations, and Compliance Reviews,
depending upon the type of regulated entity, to determine compliance, and if the City
determines that Organic Waste Generator, Self -Hauler, hauler, Tier One Commercial
Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other
entity is not in compliance, it shall provide educational materials 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.
0) Civil Penalties for Non -Compliance
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self -
Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance with this
ordinance, it shall document the noncompliance or violation, issue a Notice of Violation,
and take Enforcement Action as needed."
Section 2. CEQA Exemption. The City Council finds and determines that this
Ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA
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Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that
the enhanced solid waste regulations, as provided for this Ordinance will not have a significant
effect on the environment and that the new requirements, which strengthens requirements for the
handling of solid waste, represents actions by a regulatory agency (the City) for the protection of
the environment.
Section 3. Repeal of Conflicting Provisions. All provisions of the Redlands Municipal
Code heretofore adopted by the City Council of the City of Redlands that conflict with the
provisions of this Ordinances is hereby replaced as of the effective date hereof.
Section 4. Severability. The City Council declares, that should any provision, section,
paragraph, sentence or word of the Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall
remain in full force and effect.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after full
passage.
Section 6. Publication. The Mayor shall sign this Ordinance and the City Clerk shall
certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once
in the Redlands Daily Facts, a newspaper of general circulation with the City, and thereafter, this
ordinance shall take effect as provided by law.
ATTEST:
2�06c Donaldson, City Clerk
24
Paul T. Barich, Mayor
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I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance
was duly adopted by the City Council at the regular meeting thereof, held on the 18th day of
October 2022, by the following vote:
AYES: Councilmembers Tcjeda, Davis, Guzman -Lowery, Gallagher; Mayor Barich
NOES: None
ABSENT: None
ABSTAINED: None r.
J2�f Donaldson, City Clerk
25
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