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HomeMy WebLinkAboutORD 1519 (2021) DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F ORDINANCE NO. 1519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS The City Council of the City of Tustin does hereby ordain as follows: SECTION 1 . The City Council finds and determines as follows: A. The California Department of Recycling, Resources and Recovery (CalRecycle) is the State agency tasked with oversight of local jurisdictions management of Municipal Solid Waste and Divertable Materials B. Assembly Bill 939 ("AB 939") requires the City of Tustin (" City") to divert a minimum of fifty percent (50%) of the municipal solid waste generated from landfill disposal; C. AB 939 was amended by Assembly Bill 341 (" AB 341 ") in 2011 to establish a statewide goal of diverting seventy five percent (75%) of all municipal solid waste from landfill by 2020 and to require all local government jurisdictions to provide a commercial recycling program to businesses and to multifamily developments of five (5) units or larger by July 1 , 2012; D. AB 341 also required all businesses generating more than four (4) cubic yards per week of commercial municipal solid waste and all multi -family dwellings of five (5) units or more, to arrange for recycling services by July 1 , 2012; E. AB 939 was further amended by Assembly Bill 1826 ("AB 1826") in 2014 to require the City to provide a diversion program for collection and diversion of food scraps (including food -soiled paper mixed in with food scraps), green waste and non - hazardous wood, on or before January 1 , 2016; F. AB 1826 also required businesses generating certain quantities of food scraps, green waste and wood to participate in a diversion program according to a specified schedule beginning with participation by the largest generators of these materials on or before April 1 , 2016; and participation by additional generators of these materials by January 1, 2017, and by January 1 , 2019, depending upon the quantity of food scraps, green waste and wood generated; Ordinance No. 1519 Page 1 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F G. AB 939 was amended by Assembly Bill 1594 in 2014 to phase out the use of green waste as alternative daily cover at landfills and no longer allow the City to receive diversion credit for such use on or after January 1 , 2020; H. Senate Bill 1383 ("SB 1383"), the Short-Lived Climate Pollutant Reduction Act of 2016, required CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, 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. I. SB 1383 also requires that the City adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. J. Adoption of a program for the diversion of municipal solid waste is essential for the City to comply with Public Resources Code Section 40000 et. seq. and failure to comply can result in fines, penalties and compliance orders assessed against local agencies; and SECTION 2. Chapter 3 of Article 4 of the Tustin City Code is hereby amended in its entirety to read as follows: CHAPTER 3 — MANAGEMENT OF MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS PART 1 - GENERAL PROVISIONS 4310 - DECLARATION OF PURPOSE AND SEVERABILITY a. The purpose of this Chapter is to regulate the handling of Municipal Solid Waste and Divertable Materials in order to protect the public health, safety and welfare and to meet the City's obligations under the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40,000 et seq.) (Hereinafter "AB 939"). Public Resources Code Sections 40,000 et seq. also includes the Mandatory Commercial Recycling requirements promulgated in AB 341 (hereinafter "AB 341"), the Mandatory Commercial Organics Recycling requirements promulgated in AB 1826 (hereinafter AB 1826), the Mandatory Organics Collection requirements promulgated in SB 1383 (hereinafter SB 1383) and Customer Access to Recycling requirements promulgated in AB 827 (hereinafter AB 827). b. Pursuant to the California Constitution, the City is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Ordinance No. 1519 Page 2 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F Section 40059, aspects of the handling of Municipal Solid Waste and Divertable Materials of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether such services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, contract, license or permit. c. If any section, sentence, clause, or phrase of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council of the City of Tustin declares that it would have passed this Chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom. 4311 - DEFINITIONS For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows: "AB 341" means Assembly Bill 341 codified in Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor. "AB 827" means Assembly Bill 827 codified in Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor. "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor. "AB 1826" means Assembly Bill 1826 codified in Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor. "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, fires, odors, blowing litter and scavenging. Any material taken to the landfill and disposed of as ADC is not considered Diversion. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public Ordinance No. 1519 Page 3 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any Construction, Remodeling or Demolition Project within the City. "Backhaul" means loading and transporting materials using a truck and trailer that would otherwise have made a one-way trip to transport a load but would then have had an empty trailer returning back to the origination point. As an example, a truck and trailer carrying perishable fruits and vegetables plus dry goods hauls these items to a Supermarket from a Food Distributor and then Backhauls Food Scraps from the Supermarket to the distribution center where they are consolidated with Food Scraps from other Supermarkets owned by the same company, and then transported to a Compost facility for processing. A Backhaul may be accomplished using a vehicle owned and/or operated by the Food Distributor and/or the Supermarket or using a vehicle owned and/or operated by an independent contractor or subcontractor of the Food Distributor or Supermarket. A Person or entity that Backhauls material is a Self- Hauler as defined in this Chapter. "C&D" means construction and demolition. "CalRecycle" means the California Department of Resources Recycling and Recovery. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., 14 CCR" refers to Title 14 of CCR). "City" means the City of Tustin. "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. A Multi- Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Chapter. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this Chapter. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators. "Community Composting Site" means an area where Yard Trimmings, Wood, Food Soiled Paper, and/or Food Scraps are composted alone, or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred (100)cubic yards and seven-hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a) 4; or, as otherwise defined by 14 CCR Section 18982(a)(8). "Compliance Review" means a review of records to determine compliance with this Chapter. "Compost" means the product resulting from the controlled biological decomposition of Food Scraps, Yard Trimmings, Wood and/or Food Soiled Paper Ordinance No. 1519 Page 4 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F that are segregated from the Municipal Solid Waste by a resident or a Commercial Business, or which are separated at a centralized facility. "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability. "Construction and Demolition Debris" or "C&D Debris" means building materials such as wood, sheetrock, metals, concrete, asphalt, dirt, yard trimmings from grubbing, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, Commercial and industrial buildings, and other structures and improvements. "Construction, Remodeling or Demolition Project" means the erection or demolition of, or the making of changes to, any building, structure or landscaping which generates C&D Debris. "Container" means any object designed and used to hold Municipal Solid Waste, Recyclable Materials, Food Scraps, Yard Trimmings, Food Soiled Paper, Wood or Construction and Demolition Debris to be collected by the Contracted Hauler. Containers include carts, bins, open-top Roll-Off Boxes, and compactors and are available to all Premises in the City. "Container Contamination", "Contaminated Container", or "Contamination" means a Container, in which Prohibited Container Contaminants are present. "Contracted Hauler" means a private entity the City has contracted with for the collection, transportation, and disposal of Municipal Solid Waste and/or for the collection, transportation, processing and sale or reuse of Divertable Materials generated within the City of Tustin. Said contract is referred to herein as the "Collection Contract". "Contractor" means any Person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the City of Tustin. "Covered Project" means all Construction, Remodeling and Demolition Projects subject to the requirements of the California Green Building Standards Code. Covered Projects are required to meet the minimum Diversion Requirements of the California Green Building Standards Code for all C&D Debris generated by the Project. "Designee" means an entity that City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter. A Designee may be a government entity, City's Contracted Hauler, a private entity, or a combination of those entities. "Diversion Requirement" means the percentage of C&D Debris generated by a Covered Project that must be diverted from landfills. Ordinance No. 1519 Page 5 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F "Director of Public Works" means the Director of Public Works or his/her designee. "Divert" or "to Divert" means any combination of Recycling, sorting, Composting, and/or other processing activities conducted in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or to otherwise return the material to the economic marketplace and to prevent the materials from being disposed in a landfill. "Divertable Materials" means Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris, Food Soiled Paper, Electronic Waste, Universal Waste, and all other materials that can be Diverted from landfill disposal. Divertable Materials includes, but is not limited to, all materials required to be Diverted from disposal by City, CalRecycle or any state or federal agency. "Edible Food" means food intended for human consumption that meets the food safety requirements of the California Retail Food Code. "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. "Enforcement Official" means the city manager or his/her authorized Designee(s) who is/are partially or wholely responsible for enforcing this Chapter. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores. "Food Facility" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. This includes, but is not limited to, the operations listed in Section 113789 of the California Health and Safety Code. Examples of Food Facilities include Restaurants, cafeterias, fast food Restaurants, and Supermarkets that have a deli or cafe that sells prepared food. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed. "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, 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. Ordinance No. 1519 Page 6 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F "Food Recovery Service" or "Food Recovery Transporter" 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. "Food Scraps" means material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from Municipal Solid Waste. Food Scraps include surplus or unsold Edible Food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetable and fruit culls, and plate scrapings. Food Scraps includes, without limitation, Food Scraps 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, institutional cafeterias (such as those in schools, hospitals and assisted living facilities), restaurants, and residential Food Scraps. Food Scraps does not include Food Soiled Paper. "Food Service Provider" means an entity primarily engaged in providing the service(s) of food purchasing, preparation, and/or service of food to institutional, governmental, Commercial, or industrial locations of other Persons or entities based on contractual arrangements with these types of organizations. "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. "Food Soiled Paper" does not include polystyrene, diapers, aluminum foil or foil-lined food wrap. "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 areas such as the bakery, deli, and meat and seafood departments. "Hazardous Waste" means any substance, waste or mixture of wastes defined as "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 9601 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., and all future amendments to either of them, or as defined by CalRecycle, and all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA). Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or Municipal Solid Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. " Handling Services for Municipal Solid Waste and Divertable Materials" means the collection, transportation, storage, transfer, processing and/or disposal (whether from the curbside, bins, carts, Roll-Off Boxes or any other type of Container or Ordinance No. 1519 Page 7 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F location) of Municipal Solid Waste and/or Divertable Materials for residential, Commercial, institutional, industrial or any other users or customers. "Inspection" means a site visit to a residence, Commercial Business, government agency, or other generator of Food Scraps, Recyclable Materials, Yard Trimmings, Wood, Construction and Demolition Debris, and/or Municipal Solid Waste in City, during which the City reviews records, Containers for materials, and the entity's collection, handling, Diversion, Recycling, and/or landfill disposal of Recyclable Materials, Food Scraps, Food Soiled Paper, Yard Trimmings, Wood, and/or Construction and Demolition Debris, and the entity's handling of Edible Food to determine if the entity is complying with requirements of this Chapter. "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter. "Large Venue" means a permanent venue facility that annually seats or admits an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a Large Venue includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter. "Municipal Solid Waste" means the portion of non-hazardous discarded materials generated at a Premises in City that is left over after the owner or occupant(s) of the Premises have fully participated in all the Diversion programs required by this Chapter by separating and placing Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Food Soiled Paper, and Construction and Demolition Debris in Containers designated for the collection and Diversion of each of these types of materials, and by diverting Edible Food as required by this Chapter. Municipal Solid Waste does not include other materials Diverted by owners or occupants of a Premises via other Diversion Programs offered by City or other entities including, but not limited to, Electronic Waste, bulky items such as used furniture, appliances, and mattresses. Municipal Solid Waste may include, but is not limited to, materials such as pet or animal waste, garden hoses, soiled diapers, packaging made from two different types of materials (e.g. plastic and chipboard), kitty litter, porcelain, and non-Recyclable glass. Municipal Solid Waste does not include: Ordinance No. 1519 Page 8 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F (a) Hazardous Waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code; (b) Medical waste which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the Health and Safety Code); or (c) Auto parts or abandoned vehicles. "Municipal Solid Waste and Divertable Materials Collection Contract" or"Collection Contract" means a contract entered into by the City and a Contracted Hauler for the purpose of collection, transportation, and disposal of Municipal Solid Waste and for collection, processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Food Soiled Paper, Wood, and/or C & D Debris generated within the City of Tustin. "Person" means any enterprise, individual, partnership, joint venture, firm, corporation, nonprofit corporation, association, organization, unincorporated private or public organization, or any other combination or entity. "Premises" means any building, dwelling, or site in any zone within the City from which any activity is conducted, including, without limitation, residential, service, nonprofit, governmental, institutional, educational, industrial, Commercial or agricultural uses. "Prohibited Container Contaminants" means the following: (i) Any materials other than Recyclable Materials placed in the Container designated for Recyclable Material; (ii) Any materials other than Food Scraps, Food Soiled Paper, Yard Trimmings, and Wood placed in the Container designated for those materials; and; (iii) Any Recyclable Materials, Food Scraps, Food Soiled Paper, Yard Trimmings, Wood, or Hazardous Waste in the Container designated for Municipal Solid Waste. "Project" means any activity that requires an application for a building or demolition permit or any similar permit from the City. "Recyclable Materials" 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 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 Materials 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 by the Contracted Hauler. Recyclable Materials does not include Food Scraps, Yard Trimmings or Construction and Demolition Debris. Ordinance No. 1519 Page 9 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F "Recycle" or "Recycling" means the process of collecting, transferring, sorting, cleaning, treating, and reconstituting materials that would otherwise become Municipal Solid Waste, and returning those materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. "Remodel" means any change, addition, or modification to an existing structure. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-Premises or immediate consumption. "Reuse" means further or repeated use of Recyclable Materials (such as whole wine bottles or other refillable glass containers), furniture, clothing, textiles, books, magazines, toys, Wood, C&D Debris and/or other types of materials to Divert the materials from landfill disposal. "Roll-Off Box" means large open top rectangular metal Containers used to store and transport Municipal Solid Waste, Recyclable Materials, Yard Trimmings, Construction and Demolition Debris, or other materials. Roll Off Boxes are collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck for transport. Roll-Off Boxes typically come in 10, 20, 30 and 40 cubic yard sizes. "Route Review" means an inspection of Containers along a hauler route of a Contracted Hauler for the purpose of determining Container Contamination, and/or participation in Diversion programs required by this Chapter and may include (i) electronic or mechanical inspection methods such as the use of cameras, and (ii) manual inspection methods such as use of rakes or similar tools to move materials within Containers, break open plastic bags in Containers to view the bag contents, and to ascertain whether any Container Contamination is present in the Container. "Salvage" means the controlled removal of C&D Debris from a permitted building or demolition site for the purpose of Recycling, Reuse, or Diversion, and/or storage for later Recycling, Reuse or Diversion. "SB 1383" means Senate Bill 1383 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. "SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. "Scavenging" means the unauthorized removal of Divertable Materials from Containers owned or provided by the City's Contracted Hauler. Scavenging is prohibited by this Chapter. Ordinance No. 1519 Page 10 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F "Self-Hauler" or"to Self-Haul" means a Person, who hauls Municipal Solid Waste, C& D Debris, Food Scraps, Yard Trimmings, Wood or Recyclable Materials generated on their Premises to another Person. Self-Hauler also includes a Person who Back-Hauls the aforementioned materials. "Single-Family" means of, from, or pertaining to any residential Premises with fewer than five (5) units. "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. "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: (1) Supermarket. (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider. (4) Food Distributor. (5) Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: (1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. (2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue. (5) Large Event. (6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter. "Waste Reduction and Recycling Plan" or "WRRP" means a completed form submitted by an Applicant for any Covered Project approved by the City for the purpose of compliance with Part 5 of this Chapter. The first portion of the form is Ordinance No. 1519 Page 11 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F submitted when applying for a permit, and the second portion when the project is completed. "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. "Wood" means all non-hazardous wood material that is not painted with lead- based or other paints containing materials identified as hazardous waste, or treated with creosote or other hazardous materials. Wood waste includes, but 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, wood generated as part of the harvesting or processing of raw woody crops, and the wood debris from Construction, Remodeling and Demolition Projects. "Yard trimmings" means tree and shrub trimmings, grass cuttings, leaves, branches, and similar materials. 4312 - RESPONSIBILITIES OF GENERATORS OF MUNICIPAL SOLID WASTE AND/OR DIVERTABLE MATERIALS a. Collection arrangements required: Unauthorized accumulation prohibited and declared a public nuisance. 1 . In order to protect the public health, safety, and welfare and to prevent the spread of vectors, the owner, occupant, or other Person responsible for any Premises in the City shall arrange with a Contracted Hauler for the collection of Municipal Solid Waste and Divertable Materials, as set forth in this Chapter. 2. It is unlawful for the Person having control or possession of any Premises in the City to fail or neglect to provide for the removal of Municipal Solid Waste and Divertable Materials generated at the Premises. Each day's violation of this section shall be treated and considered as a separate and distinct offense. 3. Any unauthorized accumulation of Municipal Solid Waste or Divertable Materials on any property or Premises is hereby declared a public nuisance and is hereby prohibited. b. Frequency of collection: 1 . Municipal Solid Waste and Divertable Materials created, produced or accumulated in or about Premises in the City shall be removed from Premises at a minimum of once each week. 2. The following materials may be collected less frequently unless the City deems otherwise: Ordinance No. 1519 Page 12 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F (a) Temporary Municipal Solid Waste Containers on construction or demolition sites containing no Food Scraps, food wrappers, Food Soiled Paper, or Yard Trimmings; (b) Recyclable Materials Containers containing no Food Scraps, Food Soiled Paper, food wrappers, or Yard trimmings. 3. If conditions warrant, the County Health Officer or the City may require a greater frequency of removal. c. Collection of Divertable Materials: 1 . Ownership of Divertable Materials. Upon placement of Divertable Materials in the designated Container provided by the City's Contracted Hauler, and placement of the Container for collection at curbside or in another designated location, said Divertable Materials shall become the property of the Contracted Hauler engaged to collect such material. 2. Collection by Persons other than a Contracted Hauler prohibited. It is unlawful for any Person, except for the Contracted Hauler engaged to provide such service, to collect Divertable Materials from a designated Container. The City may, at its option, arrange for collection in the event of health and safety issues or of a dispute between the Contracted Hauler, the customer and/or the City. 3. Generator's right to Divert. Nothing in this Chapter limits the right of any Person to sell, donate, or otherwise Divert from landfilling any Divertable Material generated at a Premises owned or controlled by such Person, except that Divertable Materials deposited into Containers provided by a Contracted Hauler and placed for collection shall become the property of the Contracted Hauler as provided in subsection 1 . above. d. Containerization of Municipal Solid Waste and Divertable Materials. 1 . With the exception of Self-Hauled materials, Back-Hauled materials and materials Composted or Reused on-site by a generator, Municipal Solid Waste and Divertable Materials shall be placed for collection in containers provided by the Contracted Hauler. Special collection items, such as bulky items, holiday trees, bundled residential Yard Trimmings, and household hazardous waste placed for curbside collection, must be placed for collection in accordance with the terms of this Chapter or the City's Municipal Solid Waste and Divertable Materials Collection Contract. 2. Placement of containers for Municipal Solid Waste and Divertable Materials for collection. Residential Containers shall be placed curbside or in the gutter, not earlier than twenty-four (24) hours before collection is scheduled and removed not later than twenty-four (24) hours after collection. 3. Storage enclosures for Municipal Solid Waste and Divertable Materials Containers. (a) All Municipal Solid Waste and Divertable Materials Containers, for both residential and Commercial customers, must be stored within a building or Ordinance No. 1519 Page 13 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F shielded from view, enclosed by a wall not less than six (6) feet in height. No Municipal Solid Waste or Divertable Materials Container storage area shall be within fifty (50) feet of any residential or open space planning areas unless it is fully enclosed. (b) All new construction of residences and businesses must include sufficient storage area for Municipal Solid Waste, Yard Trimming, Food Scraps, and Recyclable Materials containers. The City may require that sufficient storage area for Municipal Solid Waste, Yard Trimming, Food Scraps, and Recyclable Materials containers be built when an existing facility is being Remodeled. City will review plans to ensure that adequate space will be provided prior to issuance of a building permit. 4313 - COLLECTION SCHEDULES a. Collection hours. No collection of Municipal Solid Waste, Divertable Materials, or delivery or removal of Containers by a Contracted Hauler, shall be made from within two hundred (200) feet of any residence in the City between the hours of 6:00 p.m. and 7:00 a.m. any day unless prior written approval has been obtained from the Director of Public Works or their designee. b. Holiday schedule. Contracted Hauler may only postpone collection for the following holidays: January 1st, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Service due on the holiday, and on each day during the remainder of the holiday week, shall be delayed no more than one (1) day. 4314 - MISCELLANEOUS PROHIBITIONS a. Noise. A Contracted Hauler shall so conduct its operations as to offer the least possible disruption to the existing noise levels of the area within which collections are made, but in no event exceed the City's Noise Ordinance. b. Trespass. No Person authorized to collect or transport Municipal Solid Waste or Divertable Materials shall enter private property beyond the extent necessary to collect the Municipal Solid Waste and/or Divertable Materials placed for collection. c. Scavenging. It is unlawful for any Person, other than a Contracted Hauler, the City, or the ownerthereof, to remove Municipal Solid Waste, including Divertable Materials, from Containers provided by the City's Contracted Hauler and placed for collection, including temporary Containers. d. Transfer of Municipal Solid Waste and Divertable Materials on City streets. Under no circumstances may Municipal Solid Waste or Divertable Materials be transferred between vehicles or otherwise in the public right-of-way. e. Prohibited disposal methods. Ordinance No. 1519 Page 14 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F 1 . Burning. It shall be unlawful at any time for any Person, including the City's Contracted Hauler, to burn any Municipal Solid Waste or Divertable Materials within the City. 2. Illegal dumping. It shall be unlawful for any Person, including the Contracted Hauler, to cast, place, sweep, deposit, or dump Municipal Solid Waste or Divertable Materials upon any private or public property in the City, except as provided for in this Code. It is unlawful for any Person to place, deposit, or dump Hazardous Waste, medical waste, or abandoned vehicles, or parts thereof, upon any private or public real property in the City. 3. Unauthorized disposal. No unauthorized Person shall cause the placement of Municipal Solid Waste or Divertable Materials, originating from other Premises, within a Container designated to serve the Premises for which the Container has been assigned. f. Sanitary transportation of Municipal Solid Waste and Divertable Materials. No Person shall convey or transport Municipal Solid Waste or Divertable Materials upon or along any public street in the City unless such Municipal Solid Waste and/or Divertable Material is contained and/or covered or otherwise secured to prevent it from leaking, dripping, falling, blowing, or scattering from the vehicle in which it is being conveyed or transported. All vehicles and equipment used in the transport of any form of Municipal Solid Waste and Divertable Material shall be kept clean. No Person shall drain the liquid from any such vehicle upon any road or highway or upon any other land in the City. Persons hauling Municipal Solid Waste or Divertable Materials on City streets shall completely empty the Municipal Solid Waste or Divertable Material from their vehicles and/or containers at the disposal site, or re-cover them if they are not completely emptied, in order to prevent the scattering of Municipal Solid Waste, Divertable Materials, or residue therefrom, on the return trip. g. Hazardous Waste. 1 . Disposition. Generators, owners, and/or possessors of Hazardous Waste shall dispose of all Hazardous Waste that they generate, own, or possess in accordance with all local, State and Federal laws. 2. Regulation. The County Health Official and the City may promulgate regulations regarding the handling, transportation, and/or disposal of Hazardous Waste within the City. 3. Collection. It is unlawful for the Contracted Hauler to perform collection, transportation or handling services for Hazardous Waste, unless they are properly permitted and meet all local, State and Federal regulations regarding the handling of such materials. 4. Placement in Containers for collection. It is unlawful for any Person to place Hazardous Waste in Containers provided by the City's Contracted Hauler for Municipal Solid Waste, Recyclable Materials, Food Scraps, Yard Trimmings, C&D Debris or any other material for collection by the Contracted Hauler. Ordinance No. 1519 Page 15 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F PART 2 - CONTRACTS FOR HANDLING OF MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS 4320 - AUTHORIZATION TO ISSUE CONTRACTS FOR MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS HANDLING SERVICES a. At the General Municipal Elections in November 2006, the voters approved Initiative Ordinance No. 2006-01 , which authorizes the City Council to issue competitively bid contracts as follows: "The Council may enter into contracts for the collection and disposal of solid waste material, and may establish such rules for the regulation thereof as it may from time to time deem best and necessary. The terms, as set forth in Part 4 [now this Part 2], shall be the minimum terms of any contract approved by the City Council. At least every ten (10) years City contracts for the collection and disposal of solid waste and for the collection of recyclable material shall be competitively bid according to rules and regulations adopted by the City Council and designed to secure the best level of services at the lowest price practicable. This requirement shall apply upon the termination of each City contract for the collection and disposal of solid waste material that is in effect as of the effective date of this Section. The City Council in its sole discretion may extend any contract or franchise in existence on the effective date of this Section for a period of up to three (3) years, to accommodate the completion and implementation of the competitive process required in this Section and/or to ensure a seamless transition between providers as may be necessary or desirable, subject to such conditions as the City Council determines are reasonable or appropriate." b. Each Contracted Hauler providing services within the City shall obtain and maintain all appropriate licenses and all forms of authorization or contract as may be required by the City Council. Each Contracted Hauler shall comply with all applicable Federal, State, and local laws, regulations, and requirements governing collection, transportation, storage, processing and end uses of Municipal Solid Waste and Divertable Materials. c. No Person shall construct or operate a Municipal Solid Waste or Divertable Materials management enterprise or facility including, but not limited to, a material recovery facility, landfill, Composting facility, or buy-back Recycling center, or collect any form of Municipal Solid Waste in the City, without first satisfying all applicable City requirements for land use approval, contracts, permits, and any other approvals required under any local, State or Federal law. 4321 - CONTRACT REQUIRED PRIOR TO CONTAINER DELIVERY No Person may deliver a Roll-Off Box, bin, cart, or other Municipal Solid Waste or Divertable Materials Container within the City, or collect Municipal Solid Waste or Divertable Materials placed in such Containers from a customer within the City, prior to Ordinance No. 1519 Page 16 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F City approval and issuance of that Person's Solid Waste Collection Contract, unless otherwise exempted under this Chapter. 4322 — MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS COLLECTION CONTRACT; RELATION TO CODE The Municipal Solid Waste and Divertable Materials Collection Contract will govern requirements for the Contracted Hauler for services covered by the Contract. Where the Contract is silent, the applicable requirements of this Chapter shall apply. To provide services not covered by the Contract, the Contracted Hauler must submit a proposal to the City for approval and meet all requirements of this Chapter. 4323 - COLLECTION BY PERSONS OTHER THAN CONTRACTED HAULER a. Written notice. Except for Contracted Hauler and except for any Person described in subsections b., c., d., e., f., g., h. and i. of this Section, it is unlawful for any Person to engage in Municipal Solid Waste handling services within the City, and all Persons currently engaging in Municipal Solid Waste handling services within the City shall cease such operations immediately upon receiving written notice from the City. b. Actual Municipal Solid Waste and Divertable Materials generators. The actual producers of Municipal Solid Waste and Divertable Materials and the owners of property upon which Municipal Solid Waste and Divertable Materials has accumulated may personally engage in Municipal Solid Waste and Divertable Materials handling services, but only as to the Municipal Solid Waste and Divertable Materials which they have actually produced or which has accumulated on their own property, and provided that they comply with the provisions of this Chapter and with any other governing laws. Except in accordance with subsection c. and subsection d. below, actual producers and property owners shall not allow any other Person, except the City's Contracted Hauler, to collect the Municipal Solid Waste which they have produced, which has accumulated on their property, or which they otherwise own or control. c. Construction Contractors. The actual producers of C&D Debris and the owners of property upon which C&D Debris has accumulated may engage the Contractor who produced all or a part of said C&D Debris to perform sorting, collection, transportation, and processing services for all or part of the C&D Debris generated during the construction project; provided, that all such Contractors comply with the provisions of this Chapter and with any other governing laws. Said actual producers and property owners shall not allow any other Person, except for the City's Contracted Hauler or the Contractor described in this subsection, to perform sorting, collection, transportation and processing services for the C&D Debris which they have produced, which has accumulated on their property, or which they otherwise own or control. Ordinance No. 1519 Page 17 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F d. Gardeners and landscapers. Gardeners or landscapers may transport Yard Trimmings or Municipal Solid Waste generated by their work, only if transported by their own employees in the gardener or landscaper's own vehicles to permitted facilities. e. Cleanup services. Any Person whose primary business is the cleanup of Municipal Solid Waste, Yard Trimming, discarded furniture, appliances and other non- Hazardous household goods on the property of another and who, incidental to such business: (1) Hauls only the Yard Trimmings, discarded furniture, appliances and/or other non-Hazardous household goods which said cleanup service gathers, loads and transports and no Municipal Solid Waste; (2) Performs cleanup services such as removing junk from businesses, garages, and residential properties, but does not remove Municipal Solid Waste, Divertable Materials or C&D Debris from construction and demolition sites; (3) Uses a vehicle owned or operated by the cleanup service to haul the Municipal Solid Waste, Yard Trimmings, discarded furniture, appliances and/or other non- Hazardous household goods which said cleanup service gather, loads, and transports, and (4) Does not provide or use a bin, Roll-Off Box or other Container, whether or not such bin, Roll-Off Box, or Container is left at the cleanup site, to accomplish the cleanup, collection, or transportation of the Municipal Solid Waste, Yard Trimmings, discarded furniture, appliance and/or other non-Hazardous household goods, may transport such materials in accordance with this subsection without a Municipal Solid Waste and Divertable Materials Collection Contract issued by the City. f. Nonprofit charities. Nonprofit organizations or charities periodically accepting donations of Recyclable Materials may collect and transport the Recyclable Materials, provided that the organization transports the Recyclable Materials to a Recycling facility and that organization's volunteers, interns, workers and employees comply with the provisions of this Chapter and with all other governing laws. g. Transport only. Any Person may haul Municipal Solid Waste and Divertable Materials generated and collected in other jurisdictions over City streets provided they comply with the provisions of this Chapter and with any other governing laws, and provided further that they do not engage in any Handling Services for Municipal Solid Waste or Divertable Materials generated within the City. h. Emergencies. In the event of an emergency, including, but not limited to, the breakdown of equipment or other unforeseen or unpreventable circumstances, or where in the judgment of the City the particular situation justifies such action, the City may issue limited or temporary Contracts to any Person to perform Handling Services for Municipal Solid Waste and Divertable Materials, subject to reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any Ordinance No. 1519 Page 18 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F Person under this subsection for any period exceeding fifteen (15) days in duration shall be approved by the City Council. i. Recyclers/Food Scrap Diversion for food creation or animal feed. Persons purchasing or accepting donations of Recyclable Materials shall not be required to become a Contracted Hauler. Persons purchasing, collecting for a fee, or accepting donations of Food Scraps for the creation of Edible Food or animal feed shall not be required to become a Contracted Hauler provided such Persons provide, upon City request, documentation that the Food Scraps are being utilized for the purpose(s) stated. PART 3 - RATES AND FEES 4330 - RATES Rates charged by the Contracted Hauler shall be as set forth in the schedule of rates and charges approved by the City Council. Annual rate adjustments must conform to the formula in the Collection Contract. 4331 - SOLID WASTE FEES—GENERAL In accordance with Division 30, Part 1 , Chapter 1 of the Public Resources Code, Section 40000 et seq., and other applicable laws, the City may levy fees within the City for the purposes of managing Municipal Solid Waste and Divertable Materials, including but not limited to, implementation of an integrated Waste Reduction and Recycling Plan; inspection, auditing, review and planning for Municipal Solid Waste, Divertable Material or household hazardous waste collection, transfer and disposal; planning related to responses to Municipal Solid Waste, Divertable Materials or hazardous waste releases and spills; and franchise fees as permitted by law. Such fees may include, but are not limited to, fees for the costs of preparing and implementing source reduction and recycling elements, composting elements, household hazardous waste elements, non-disposal facility elements and integrated Waste Reduction and Recycling Plans and for the implementation of programs contained in such elements and plans, and fees for the use and maintenance of public streets, highways, public rights-of-way, and other public property. City may also levy fees for compliance with federal and state laws for Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Food Soiled Paper, Wood and other types of materials from disposal. PART 4 – CONTRACTED HAULER OPERATIONS 4340 - OFFICE FOR INQUIRIES AND COMPLAINTS a. Contracted Hauler shall maintain an office at a fixed place and shall maintain a telephone at the office listed in the current telephone directory in the name under Ordinance No. 1519 Page 19 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F which it conducts business in the City, and shall at all times between the hours of 8:00 a.m. and 5:00 p.m. weekdays and between 8:00 a.m. and 12:00 p.m. on Saturdays, have an employee or agent at the office to receive service request, complaints and inquiries. Each office shall be staffed with a knowledgeable Person, trained to respond to customer questions and complaints. An emergency telephone shall be provided to the City for use outside normal business hours. b. The protection of the public health, safety, and welfare require that service complaints be acted on promptly and that a record be maintained in order to permit the City and its Contracted Hauler to identify potential public health and safety problems. During office hours, Contracted Hauler shall record all complaints, including the date, time, complainant's name and address if the complainant is willing to give this information, and date, and manner of resolution of the complaint. This information shall be maintained for the term of the Collection Contract, or longer if indicated in the Contract. The record of service complaints shall be made available for review by representatives of the City during the Contracted Hauler's office hours. 4341 - HAZARDOUS WASTE INSPECTION AND REPORTING a. Contracted Hauler shall inspect Municipal Solid Waste and Divertable Materials placed for collection in their respective bins and Containers, and shall reject for collection any Municipal Solid Waste and Divertable Material observed to be Contaminated with Hazardous Waste. Contracted Hauler, as applicable, shall promptly notify the City and all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control, local emergency response providers and the National Response Center of reportable quantities of Hazardous Waste found or observed in Municipal Solid Waste or Divertable Materials anywhere within the City. In addition to other required notifications, if the Contracted Hauler observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or released on any City property, including storm drains, streets or other public rights-of-way, the Contracted Hauler, as applicable, shall immediately notify the Director of Public Works or their designee. b. Contracted Hauler shall maintain records showing the types and quantities, if any, of Hazardous Waste found in Municipal Solid Waste and in Divertable Materials and which was inadvertently collected from service recipients within the City, but diverted from landfilling. 4342 - EMPLOYEES AND VEHICLES a. Employees. All field employees of the Contracted Hauler shall wear nametags to enable identification while providing public service. b. Contracted Hauler's vehicles. Ordinance No. 1519 Page 20 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F 1 . Vehicle standards. To protect public health, safety and welfare, any truck used for the collection or transportation of Municipal Solid Waste and Divertable Materials within the City shall be leak-proof and equipped with a close-fitting cover that shall be affixed in a manner that will prevent spilling, dropping or blowing of any Municipal Solid Waste or Divertable Materials, oil, grease or other substance upon the public right-of-way during collection or transportation. No Person shall park, or cause to be parked within the City any vehicle containing Solid Waste unless the vehicle is free from odor and in a sanitary condition. Contracted Hauler shall comply with all regulations promulgated by all agencies with jurisdiction over the safe, sanitary operation of all of their equipment. 2. Displays. Vehicles shall display the name of the Contracted Hauler in prominent letters so that the vehicle may be easily identified as belonging to that Contracted Hauler. If a Contracted Hauler uses a vehicle displaying the name of an affiliated company, the affiliated company's name must be indicated on the Collection Contract, or be approved in advance in writing by the Director of Public Works or designee. Improperly identified vehicles may be treated as belonging to non- permitted haulers. 3. Noise levels. To protect the public health, safety and quiet enjoyment of the residents of the City, the noise level for the collection vehicles during the stationary compaction process shall not exceed seventy-five (75) decibels (dB) at a distance of twenty-five (25)feet from the collection vehicle and at an elevation of five (5) feet from the horizontal base place of such vehicles. A Contracted Hauler shall submit to City, upon City's request, a certificate of vehicle noise level testing by an independent testing entity of a representative sample of all vehicles. 4. Damage to streets. Contracted Hauler shall not damage public or private streets over which their respective collection equipment may be operated and shall obtain all required approvals for operation of its respective collection vehicles on private streets. 4343 — CONTRACTED HAULER'S CONTAINERS a. Contracted Hauler shall maintain its Containers within the City in a manner to protect public health and safety and prevent the spread of vectors. b. All bins shall be steam-cleaned or replaced in accordance with the requirements of the Collection Contract. c. Contract Hauler shall remove from its Containers (including carts, bins and Roll-Off Boxes), any exterior paint or markings commonly referred to as "graffiti" or "tagging" within forty-eight (48) hours of either notification by City or customer or the Contract Hauler's last servicing of the Container, whichever is sooner. d. The City has the authority to require the Contracted Hauler to replace promptly any Container which, in the City's reasonable discretion, is not in a clean, painted, or serviceable condition. Ordinance No. 1519 Page 21 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F e. Contracted Hauler shall post each Container with a notice that the Container is not to be used for the disposal of Hazardous Waste. f. All Containers in City, excluding Contracted Hauler's residential carts, must carry a label with the Contracted Hauler's name and phone number. Letters must be at least three (3) inches high. g. All Containers for Yard Trimmings/Food Scraps and Recyclable Materials must carry labels identifying which materials are to be placed in each container. Contracted Hauler is responsible for designing and producing such labels and replacing labels when they become worn. PART 5 - C&D DEBRIS DIVERSION 4350 - DECLARATION OF PURPOSE The purpose of this Part is to promote the recycling of C&D Debris to protect the public health, safety, and welfare and to meet the City's obligations under AB 939 and the California Green Building Standards Code. 4351 -WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY a. Waste disposal and diversion reporting requirement. 1 . Covered projects. All construction and renovation projects subject to the requirements of the California Green Building Standards Code shall be required to meet the minimum Diversion Requirements of the California Green Building Standards Code for all project-related C&D Debris. Compliance methods will be documented in a Waste Reduction and Recycling Plan (WRRP) submitted to the City for approval prior to permit issuance. Specific requirements associated with WRRPs are listed in Section 4352 of this Chapter. All Applicants shall, upon project completion, provide to the Director of Public Works all project-related C&D Debris collection, disposal and Diversion information in the form prescribed by the Director of Public Works. 2. Exemptions. All exemptions as provided in the California Green Building Standards Code shall be granted. b. Compliance as a condition of approval. Compliance with the provisions of this Part shall be listed as a condition of approval on all discretionary resolutions of approval for development projects, and building or demolition permits. c. Application fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of C&D Debris, each Applicant for Covered Projects shall pay to the City an application fee in the amount set forth in Ordinance No. 1519 Page 22 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F a Resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and/or the WRRP, or reviewing an application for exemption. d. Security deposit. In addition to the application fee, each Applicant shall deposit with the City a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of cash, cashier's check, personal check, money order, or may be applied to a credit card in accordance with standards set by the Finance Department. 1 . Single-Family Residential. All single-family residential projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The minimum deposit amount shall be five hundred dollars ($500.00) and the maximum deposit amount shall be two thousand five hundred dollars ($2,500.00). 2. Multifamily/Commercial. All multifamily and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), whichever is greater. In no event shall a deposit exceed twenty-five thousand dollars ($25,000.00). 4352 - WASTE REDUCTION AND RECYCLING PLANS (WRRP) a. WRRP forms. All Applicants shall complete and submit a WRRP on a form prescribed by the Director of Public Works for this purpose, as part of the application packet for the Construction, Renovation, or Demolition permit. b. Compliance with WRRP. 1 . Documentation. Prior to the completion of a project, the Applicant shall submit to the Director of Public Works documentation that the Diversion Requirement has been met. This documentation shall include all of the following: (a) A Waste Reduction and Recycling Plan Final Report, on a form prescribed by the Director of Public Works. (b) Receipts from the vendor(s) and facility(ies) which collected and/or received material(s) showing the actual weight or volume of each material. (c) A copy of the previously approved WRRP for the project adding the actual volume or weight of each material Diverted and landfilled. (d) Calculations showing multiplication of the total non-source separated tonnage hauled from the project. 2. Weighing of Diverted Materials and Municipal Solid Waste. Applicants shall make reasonable efforts to ensure that all C&D Debris, Diverted or landfilled, is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D Debris shall be weighed. Regarding Ordinance No. 1519 Page 23 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F C&D Debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the Applicant shall use the standardized conversion rates approved by the City for this purpose. 3. Determination of compliance and release of security deposit. Prior to the issuance of a certificate of occupancy or at the completion of the project, the Director of Public Works shall review the information pertaining to diversion of C&D Debris submitted pursuant this section and shall determine whether the Applicant has complied with the Diversion Requirement, as follows: (a) Full compliance. If the Director of Public Works determines that the Applicant has fully complied with the Diversion Requirement applicable to the project, the Director of Public Works shall cause the entire security deposit to be refunded to the Applicant without interest. (b) Good faith effort to comply. If the Director of Public Works determines that the Diversion Requirement has not been achieved, he or she shall determine on a case-by-case basis whether the Applicant has made a good faith effort to comply with this Part. In making this determination, the Director of Public Works shall consider the availability of markets for the C&D Debris land-filled, the size of the project, and the documented efforts of the Applicant to Divert C&D Debris. The Director of Public Works may authorize a partial refund of a security deposit without interest when less than the minimum Diversion Requirement is met. The partial refund shall not exceed that portion of the security deposit that is in the same ratio as the demonstrated amount of Diverted C&D Debris. (c) Noncompliance. If the Director of Public Works determines that the Applicant has not made a good faith effort to comply with the Diversion Requirement, then the Director of Public Works shall notify the Applicant in writing and all or a portion of the security deposit shall be forfeited to the City and shall not be refunded. Forfeited funds shall be used towards the City's recycling efforts pursuant to subsection c. below. 4. Other provisions for the refund of a security deposit. (a) The Director of Public Works may authorize the refund without interest of any security deposit which was erroneously paid or collected. (b) The Director of Public Works may authorize the refund without interest of any security deposit when the permit application is withdrawn or cancelled before any work has begun. (c) The Director of Public Works shall not authorize the refund of any security deposit, or any portion thereof, unless the Applicant files a Waste Reduction and Recycling Plan Final Report and provides documentation satisfactory to the Director of Public Works in support of the request. c. Forfeiture and City use of security deposit. Ordinance No. 1519 Page 24 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F 1 . If the Director of Public Works determines that the Applicant has not made a good faith effort to comply with this Part, or if the Applicant fails to submit the documentation required by subsection b. prior to the expiration of the building or demolition permit, then the deposit is forfeited to the City. 2. Forfeited security deposits may be used by the City for purposes related to increasing Diversion of materials from landfill disposal, including but not limited to: (a) Plan, implement, or promote Diversion programs. (b) Develop or improve the infrastructure needed to Divert waste from landfilling. (c) Educate generators and handlers of Municipal Solid Waste and Divertable Materials in the City regarding source reduction, Diversion programs, and other disposal alternatives. (d) Review accuracy of Contracted Hauler reports, Waste Reduction and Recycling Plans and other records for collection, processing and marketing of Divertable Materials and for collection and disposal of Municipal Solid Waste. 4353 - EXEMPTION FROM THE MINIMUM DIVERSION RATE a. Application. If an Applicant experiences unique circumstances that the Applicant believes make it infeasible to comply with the Diversion Requirement, the Applicant may apply for an exemption at the time the application is submitted. The Applicant shall indicate on the WRRP application the maximum rate of Diversion believed feasible for each material and the specific circumstances that make it infeasible to comply with the Diversion Requirement. b. Meeting with the Director of Public Works. The Director of Public Works shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. Based on the information supplied by the Applicant, the Director of Public Works shall determine whether it is possible for the Applicant to meet the Diversion Requirement. c. Granting of exemption. If the Director of Public Works determines that it is infeasible for the Applicant to meet the minimum Diversion Requirement due to unique circumstances, the Director of Public Works shall determine the maximum feasible Diversion rate for each material and shall indicate this rate on the WRRP submitted by the Applicant. The Director of Public Works shall return a copy of the WRRP to the Applicant marked "Approved for Exemption." d. Denial of exemption. If the Director of Public Works determines that it is possible for the Applicant to meet the Diversion Requirement, the Applicant shall be informed in writing. The Applicant shall resubmit the WRRP application in full compliance with the Diversion Requirement. If the Applicant fails to resubmit the WRRP application, or if the resubmitted application does not comply with the Diversion Requirement, the Ordinance No. 1519 Page 25 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F Director of Public Works shall deny the WRRP application and the Building Official shall not issue a permit. 4354 - APPEAL Upon payment of any required appeal fee as set forth in a resolution of the City Council, the Applicant may appeal to the City Manager, a decision of the Director of Public Works to deny an exemption or withhold any portion of a security deposit. Notice of appeal of the decision of the Director of Public Works must be filed with the Director of Public Works within ten (10) calendar days of the date of the decision that is being appealed. The notice of appeal shall set forth in concise language the particular decision or decisions complained of and the reasons why the Person feels aggrieved. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the Director of Public Works and such decision shall be final; otherwise, the decision of the City Manager shall be final. 4355 - CERTIFIED DIVERSION FACILITIES a. The City may, but is not required to, approve certified Diversion facilities. If such facilities were approved, Applicants would have the option to demonstrate that they will meet the minimum Diversion Requirement in their WRRP application required under this Part by taking all material generated at the Construction, Remodeling, or Demolition site to a City Certified Recycling Facility. b. For the purposes of this Part, a certified Diversion facility means. a recycling, asphalt, grinding, concrete crushing, composting, materials recovery, or re-use facility for which the Director of Public Works has issued a certification pursuant to regulations promulgated by the Director of Public Works. c. The Director of Public Works shall approve use of the facilities only if the owner or operator of the facility has submitted or submits documentation satisfactory to the Director of Public Works: 1 . That the facility has obtained all applicable Federal, State, and local permits, and is in full compliance with all applicable regulations; and 2. The percentage of incoming waste from construction, demolition, and alteration activities that is Diverted from landfill disposal meets a minimum percentage level determined by the City. d. The City shall make available to each Applicant an approved list of certified Diversion facilities, if such facilities become approved. 4356 - C&D DEBRIS ORDINANCE ENFORCEMENT. Ordinance No. 1519 Page 26 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F a. Administrative enforcement. In addition to the penalties provided for in this Chapter and this Code, if violations of the provisions of this Part exist as to a Covered Project requiring completion of a Waste Reduction and Recycling Plan, the City may use various administrative measures to ensure compliance. Measures available include, but are not limited to: 1 . Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected; 2. Issuance of a stop work notice, until all such violations have been corrected; 3. Stopping all inspections on subject project, until all such violations have been corrected; 4. Other measures recommended by the City Attorney. b. Civil action. Violation of any provision of this Part may be enforced by civil action including an action for injunctive relief. The City Council hereby finds that violation of this Section is a public nuisance. In any civil enforcement action, the City shall be entitled to recover its attorneys' fees and costs from a Person who is determined by a court of competent jurisdiction by a preponderance of the evidence to have violated this Section. PART 6 — DIVERSION OF MATERIALS IN COMPLIANCE WITH SB 1383 4360 - REQUIREMENTS FOR SINGLE FAMILY GENERATORS Single-Family generators shall comply with the following requirements (with the exception of Single-Family generators that meet the Self-Hauler requirements in Section 4366 of this Part): a. For the purpose of this section, Food Scraps, Food Soiled Paper, Yard Trimmings, and Wood Waste are referred to as organic materials. b. Single-Family generators shall participate in the City's Municipal Solid Waste and Divertable Materials collection service(s) by placing each material in designated Containers as described below. 1 . Generator shall place only organic materials in the organic materials Container, Recyclable Materials in the Recyclables Container, and Municipal Solid Waste in the Municipal Solid Waste Container. Placing these materials in any other Container is prohibited. 2. Generator shall subscribe to collection services for all Food Scraps, Food Soiled Paper, Yard Trimmings, and Wood Waste generated and shall also subscribe to collection services for all Recyclable Materials and Municipal Solid Waste generated. Service levels shall be adjusted to ensure all Divertable Materials and Ordinance No. 1519 Page 27 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F Municipal Solid Waste generated can be placed in the required Containers. Generator shall adjust its service level if requested by the City. Generators may additionally manage their organic materials by preventing or reducing the quantity of organic materials generated, and/or managing organic materials on site, pursuant to 14 CCR Section 18984.9(c). Generators may also utilize a Community Compost Site. 4361 - REQUIREMENTS FOR COMMERCIAL BUSINESSES Generators that are Commercial Businesses (including Multi-Family Residential Dwellings) shall adhere to the following: a. For the purpose of this section, Food Scraps, Food Soiled Paper, Yard Trimmings, and Wood Waste are referred to as organic materials. b. Subscribe to collection services for all Municipal Solid Waste, Recyclable Materials, and organic materials generated and comply with requirements of those services as described in Section 4361(c) (with the exception of Commercial Businesses that meet the Self-Hauler requirements in Section 4366). 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 for proper containment of materials, Commercial Businesses shall adjust the Container size(s), collection frequency and other service level(s) for their collection of Divertable Materials and/or Municipal Solid Waste as requested by the City. c. With the exception of Commercial Businesses that meet the Self-Hauler requirements in Section 4366 of this Chapter, generators that are Commercial Businesses shall participate in the City's organic materials collection service(s) by placing designated materials in designated Containers as described below. 1 . Generator shall place only organic materials in the organic materials container, Recyclable Materials in the Recyclables Container, and Municipal Solid Waste in the Municipal Solid Waste Container. Placing these materials in any other container is prohibited. d. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers. e. Provide Containers for the collection of organic materials and Recyclable Materials in all indoor and outdoor areas where Municipal Solid Waste containers are provided for customers, for materials generated by that business. (Multi-Family Residential Ordinance No. 1519 Page 28 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F Dwellings are exempted from this requirement). Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide that particular Container in all areas where Municipal Solid Waste 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's Contracted 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 this subsection prior to the end of the useful life of those Containers, or prior to January 1 , 2036, whichever comes first. 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. f. To the extent practical through education, training, Inspection, and/or other measures, prohibit employees from placing materials in a Container not designated for those materials. (Multi-Family Residential Dwellings are exempted from this requirement). g. Periodically inspect all 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). (Multi-Family Residential Dwellings are exempted from this requirement). h. Annually provide information to employees, contractors, tenants, and customers about proper sorting of organic materials and Recyclable Materials from Municipal Solid Waste. i. Provide educational information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep organic materials and Recyclable Materials separate from Municipal Solid Waste and the location of containers and the rules governing their use at each property. j. If a Commercial Business wants to Self-Haul organic material and/or Recyclable Materials, meet the Self-Hauler requirements in Section 4366 of this Part. Ordinance No. 1519 Page 29 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F k. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic materials on site, or using a site pursuant to 14 CCR Section 18984.9(c). I. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4363. 4362 - WAIVERS FOR GENERATORS Pursuant to 14 CCR Section 18984.11 , the SB 1383 Regulations allow the City to grant waivers to generators for physical space limitations and/or de minimis volumes. a. For the purpose of this section, Food Scraps, Food Soiled Paper, Yard Trimmings, and Wood Waste are referred to as organic materials. b. De Minimis Waivers. City may waive a Commercial Business's obligation (including Multi-Family Residential Dwellings) to comply with some or all of the requirements to Divert organic materials if the Commercial Business provides documentation that the business generates below a certain amount of organic material as described in Section 4362b2. Commercial Businesses requesting a de minimis waiver shall: 1 . Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 4362b2 below. 2. Provide documentation that either: (a) The Commercial Business's total Municipal Solid Waste and Divertable Materials collection service (combined) is two cubic yards or more per week and the Commercial Business generates less than 20 gallons per week of the following materials combined: (i) Food Scraps (ii) Food Soiled Paper (iii)Yard Trimmings (iv)Wood (b) The Commercial Business' total Municipal Solid Waste and Divertable Materials collection service (combined) is less than two cubic yards per week and the Commercial Business generates less than 10 gallons per week of the following materials combined: (i) Food Scraps Ordinance No. 1519 Page 30 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F (ii) Food Soiled Paper (iii)Yard Trimmings (iv)Wood 3. Notify City if circumstances change such that Commercial Business generates materials listed in Sections 4362b2A and 4362b2B in amounts that exceed the threshold required for the waiver, in which case the waiver will be rescinded. 4. Provide written verification of eligibility for the de minimis waiver every five (5) years. c. Physical Space Waivers. City may waive a Commercial Business's or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the Recyclable Materials and/or organic materials collection service requirements if the City has evidence from its own staff, Contracted Hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection Containers required for compliance with the Recyclable Materials and/or organic materials collection requirements of Section 4361 . A Commercial Business or property owner may request a physical space waiver through the following process: 1 . Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. 2. Provide documentation that the premises lacks adequate space for Recyclable Materials Container(s) and/or organic materials Container(s) including documentation from City, Contracted Hauler, licensed architect, or licensed engineer. 3. Provide written verification to City that the Commercial Business or property owner is still eligible for a physical space waiver every five (5) years. d. Review and Approval of Waivers by City. The Director of Public Works or his/her designee shall be responsible for approval of waivers. 4363 - 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. Ordinance No. 1519 Page 31 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F b. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. C. Commercial Edible Food Generators shall comply with the following requirements: 1 . Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. 2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. 3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. 4. Allow 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 the generator's 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. Ordinance No. 1519 Page 32 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F 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). 4364 - 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 shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written Ordinance No. 1519 Page 33 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F communications, such as in their contract or agreement established under 14 CCR Section 18991 .3(b). d. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991 .3(b) shall report to the City it is located in 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) on or before March 1 of each calendar year commencing with March 1 , 2023. e. Food Recovery Capacity Planning. Food Recovery Services and Food Recovery Organizations. 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. 4365 - REQUIREMENT FOR HAULERS AND FACILITY OPERATORS a. Requirements for Haulers. City's Contracted Hauler authorized to collect Divertable Materials and Municipal Solid Waste shall comply with education, equipment, signage, Container labeling, Container color, Contamination monitoring, reporting, and other requirements contained in the Collection Contract. b. Requirements for Facility Operators and Community Composting Operations 1 . Owners of facilities, operations, and activities that recover Food Scraps, Food Soiled Paper, Yard Trimmings, and Wood 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. Ordinance No. 1519 Page 34 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F 2. Community Composting operators, upon City request, shall provide information to the City to support capacity planning for composting of Food Scraps, Food Soiled Paper, Yard Trimmings, and Wood Waste, including, but not limited to, an estimate of the amount of these wastes anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days. 4366 - SELF-HAULER REQUIREMENTS a. For the purpose of this section, Food Scraps, Food Soiled Paper, Yard Trimmings, and Wood Waste are referred to as organic materials. b. Self-Haulers shall source separate all Recyclable Materials and organic materials (materials that City otherwise requires generators to separate for collection in the City's programs for collection of organic materials and for collection of Recyclable Materials) generated on-site from Municipal Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic materials to a high diversion organic materials processing facility as specified in 14 CCR Section 18984.3. c. Self-Haulers shall haul their Recyclable Materials to a permitted facility that recovers those materials; and haul their organic materials to a permitted facility, operation, activity, or property that otherwise processes or recovers organic material. Alternatively, Self-Haulers may haul organic materials to a high diversion organic material processing facility. d. Divertable Materials shall not be disposed of at a landfill to be used as Alternative Daily Cover. e. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Recyclable Materials and organic materials delivered to each permitted facility, operation, activity, or property that composts or otherwise processes or recovers organic materials; 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 Recyclable Materials or organic materials. 2. The amount of each type 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 Ordinance No. 1519 Page 35 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F required to record the weight of material but shall keep a record of the entity(ies) that received the organic waste. 4367 - INSPECTIONS AND INVESTIGATIONS BY CITY a. City representatives and/or its Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection Container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Divertable Materials and Municipal Solid Waste otherwise being stored or transported within the City to confirm compliance with this Part by Single Family Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Contracted Hauler(s), Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for Inspection. b. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in Containers, Contamination in any Container, Edible Food Recovery activities, records, or any other requirement of this Part 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 Part 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 Part, subject to applicable laws. e. City shall receive written complaints from Persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. 4368 - ENFORCEMENT OF PART 6 OF THIS CHAPTER Ordinance No. 1519 Page 36 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F a. Violation of any provision of this Part 6 of this Chapter shall constitute grounds for issuance of an administrative citation and assessment of a fine as set in Section 1162 of the Tustin City Code. b. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. c. Process for Enforcement 1 . Enforcement Officials and/or their Designee will monitor compliance with this Part randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 4367 establishes the City's right to conduct Inspections and investigations. 2. City may issue an official notification to notify regulated entities of their obligations under this Part. 3. City shall issue a Notice of Violation requiring compliance within 30 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 Section 1162 of the Tustin City Code. Notice shall be sent to the party responsible for the violation. This includes, but is not limited to, the Contracted Hauler identified customer of record, property owner, property management company, and/or homeowners association. d. Penalty Amounts for Violations. Beginning January 1 , 2024, penalties for violations of Article 4, Chapter 3, Part 6 of the Tustin City Code will be assessed in accordance with Section 1162 of the Tustin City Code. e. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. Appeals will be conducted in accordance with Section 1166 of the Tustin City Code. f. Education Period for Non-Compliance. Beginning January 1 , 2022 and through December 31 , 2023, City will conduct Inspections, waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance. If City determines that a Self-Hauler, Contracted 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 Ordinance No. 1519 Page 37 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F the entity describing its obligations under this Part and a notice that compliance is required by January 1 , 2022, and that violations will be subject to administrative civil penalties starting on January 1 , 2024. PART 7 - ENFORCEMENT 4370 - ENFORCEMENT AUTHORITY, IMPOUNDING OF CONTAINERS FOR DIVERTABLE MATERIALS AND MUNICIPAL SOLID WASTE; CIVIL REMEDIES a. Authority. The Director of Public Works shall have the authority to enforce the provisions of this Chapter. This authority shall be in addition to the authority granted to police officers pursuant to the Code. b. Impounding of containers. If a Solid Waste Container for storage of Divertable Materials or Municipal Solid Waste is not properly identified as belonging to the Contracted Hauler, or if the terms of the Collection Contract, or of this Chapter are not complied with, then the Container shall be subject to removal and impound by order of the Director of Public Works pursuant to Section 4372. c. Civil remedies. Nothing in this Chapter shall be deemed to limit the right of the Contracted Hauler or the City to bring a civil action against any Person who violates this Chapter, nor shall a conviction for such violation exempt any Person from a civil action brought by the Contracted Hauler or the City. 4371 - VIOLATIONS a. Except as otherwise provided in this Chapter, violations of this Chapter are punishable as set forth in Section 1121 of this Code. b. In addition, in the event any violation of this Chapter constitutes an imminent danger to public health, safety or the environment, the Director of Public Works may enter upon the Premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any Premises affected by the alleged violation, without notice to or consent from the owner or occupant of the Premises. An imminent danger shall include, but is not limited to, circumstances created by a disposal of Divertable Materials, Municipal Solid Waste or Hazardous Waste where such disposal creates a significant and immediate threat to the public health or safety, or the environment. c. Violations of this Chapter are deemed public nuisances, which may be abated by administrative, civil, or criminal action in accordance with the terms and provisions of this Code and State law. All costs and fees incurred by the City because of any violation of this Chapter, which constitutes a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject Premises from which the nuisance emanated, and a personal obligation Ordinance No. 1519 Page 38 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F against the owner. The owner of record of the Premises subject to any lien shall receive notice of the lien prior to recording. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the Premises. d. The City may utilize any and all other remedies as otherwise provided by law to enforce the provisions of this Chapter. 4372 - UNLAWFULLY PLACED CONTAINERS FOR DIVERTABLE MATERIALS OR MUNICIPAL SOLID WASTE a. Unauthorized Solid Waste Containers. No Person shall place or leave standing a Container for storage of Divertable Materials or Municipal Solid Waste on any public or private property within the City except for collection and processing of Divertable Materials and disposal of Municipal Solid Waste by Contracted Hauler or as otherwise specifically authorized in this Chapter. b. Containers for collection of Recyclable Materials exempted. Nothing in this Section shall prohibit the placement of Containers for the collection of Recyclable Materials sold or donated by the generator of such materials. If, however, the generator of the Recyclable Materials is required to pay monetary or non-monetary consideration for the collection, transportation, transfer, or processing of the Recyclable Materials, or for the use of Containers for such Solid Waste, this exemption shall not apply. The Person providing Containers for the collection of Recyclable Materials shall have the burden of showing that the Recyclable Materials were sold or donated in compliance with the exemption herein. c. Removal of unlawfully placed Containers for Divertable Materials and Municipal Solid Waste. 1 . The Director of Public Works may cause the posting of a notice to remove, in a conspicuous place, on any Container for storage of Divertable Materials or Municipal Solid Waste that is placed on any public or private property within the City in violation of this Chapter. 2. Notices to remove posted pursuant to the provisions of this Chapter shall specify the nature of the violation and shall state that the subject Container must be removed within twenty-four (24) hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner of the Container. The posting of a notice to remove shall constitute constructive notice to the owner and to the user of the Container of the requirement to remove the Container. 3. If the Container for storage of Divertable Materials or Municipal Solid Waste is not removed within twenty-four (24) hours after the notice to remove is posted, the Director of Public Works may direct the removal and storage of the subject Container and the disposal of its contents. Ordinance No. 1519 Page 39 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F 4. If the identity of the owner of an unlawfully placed Container that has been removed by the City is known to the Director of Public Works, the Director of Public Works shall promptly cause notice to be mailed to the owner to claim the stored property. If the Container is not claimed within ninety (90) days after removal and notice to the owner, or ninety (90) days after removal if the identity of the owner is unknown, the Container and its contents shall be deemed abandoned property and may be disposed of accordingly. 5. After an unlawfully placed Container has once been removed by the City pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this Chapter, including the prohibition of placement of Containers for storage of Divertable Materials or Municipal Solid Waste by any Person other than those exempted. In the event of a subsequent placement of a Container owned by the same owner, the Director of Public Works may immediately, without the posting of a notice to remove, direct the removal and storage of the unlawfully placed Container and shall, in such case, give notice to the owner to claim the subject Container. In such event, the owner shall be responsible to reimburse the City or its agent for the actual cost of removal, storage and disposal of the contents of the Container, which cost shall be paid by the owner before the Container is returned to the owner. If the Container is unclaimed after notice is mailed to the owner and the expiration of the period set forth in subsection 4. above, the Container and its contents shall be deemed abandoned property and may be disposed of accordingly. 6. The owner of the Container shall be responsible to reimburse the City or its agent for the actual cost of the removal, storage and disposal. All amounts due to the City or its agent for the cost of the removal, storage and disposal shall be paid before the subject Container is returned to the owner. The costs incurred by the City or its agent for removal, storage and disposal shall constitute a debt owed to the City or its agent by the owner, who shall be liable therefore in an action by the City for the recovery of such amounts. SECTION 3. CEQA. 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 will protect the environment with the reduction in greenhouse gas emissions. Ordinance No. 1519 Page 40 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F SECTION 4. This Ordinance shall take effect the 31 st day following the adoption of this Ordinance by the City Council. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provision of the Tustin City Code. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 7th day of December, 2021 . DocuSigned by: LETI EG34L57 41.. Mayor ATTEST: uSigned by: Doc , U"'S'JA ERI A W ASTJDA, City Clerk Ordinance No. 1519 Page 41 of 42 DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F APPROVED AS TO FORM: (77,77 igned by: upX4 DAVI EB'KEffM'G City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1519 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 16th day of November, 2021 , and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 7th day of December, 2021 , by the following vote: COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) DocuSigned by: `victU& ASL4& ERIC D TA'9UDA, City Clerk Ordinance No. 1519 Page 42 of 42