ORD 658 ORDINANCE NO. 658
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, REPEALING AND REPLACING
CHAPTER 8.20 (SOLID WASTE COLLECTION AND
DISPOSAL) OF TITLE 8 (HEALTH AND SAFETY) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE RELATING
TO SOLID WASTE HANDLING, ORGANIC WASTE
DISPOSAL REDUCTION, AND EDIBLE FOOD RECOVERY
WHEREAS, Article 11, Section 7 of the California Constitution authorizes cities to
make and enforce within their limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws, in addition to the authority of cities under
charters adopted pursuant to Article XI of the California Constitution; and
WHEREAS, in 1989, the State approved Assembly Bill No. 939 enacting the
California Integrated Waste Management Act of 1989 ("AB 939" or the "Act") (Public
Resources Code Sections 4000 et seq.) which requires cities to adopt and implement
plans to reduce solid waste by maximizing reuse and recycling; and
WHEREAS, AB 939 further provides that all aspects of solid waste handling, such
as the frequency of solid waste collection, the means of solid waste collection and
transportation, levels of service, charges and fees for services, and the nature, location
and extent of providing solid waste services are of local concern, and authorizes cities to
furnish any necessary services for itself, through other local agencies, or through a solid
waste enterprise; and
WHEREAS, in 2011, the State approved AB 341, which requires businesses that
generate four (4) or more cubic yards of refuse per week, and multi-family residential
premises with five (5) or more dwelling units, to arrange for recycling services consistent
with State law; and
WHEREAS, in 2015, the State approved AB 1826, which requires business that
generates two (2) or more cubic yards of solid waste per week, and multi-family residential
premises with five (5) or more dwelling units and that generate two (2) or more cubic
yards of solid waste per week, to arrange for organic recycling services; and
WHEREAS, in 2016, the State approved SB 1383, the Short-Lived Climate
Pollutant Reduction Act, which requires the California Department of Resources
Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in
landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations
(SB 1383 Regulations) place requirements on multiple entities including the City of
Rancho Palos Verdes (City), residential (including multi-family) households, commercial
businesses, commercial edible food generators, haulers, facility operators, self-haulers,
01203 0014/770826.1
food recovery organizations, and food recovery services to support achievement of
statewide organic waste disposal reduction targets; and
WHEREAS, in 2019, the State approved AB 827, which requires certain business
to provide their customers access to recycling containers; and
WHEREAS, the SB 1383 regulations require the City to adopt and enforce an
ordinance or other enforceable mechanism to implement relevant provisions of the SB
1383 regulations; and
WHEREAS, this ordinance implements the requirements of AB 939, AB 341, AB
1826, AB 827, and the SB 1383 Regulations; and
WHEREAS, the Rancho Palos Verdes City Council has determined that repealing
and replacing Chapter 8.20 (Solid Waste Collection and Disposal) of Title 8 (Health and
Safety) of the Rancho Palos Verdes Municipal Code ("RPVMC"), concerning the handling
of refuse and recycling materials, is necessary to enable the City to implement and
enforce its rules and regulations relating to the handling of solid waste in a manner
consistent with State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The City Council finds and determines that
the foregoing Recitals are true and correct and incorporates the recitals herein.
Section 2. CEQA Findings. This action is exempt pursuant to Section 15061(b)(3)
of the Guidelines for the California Environmental Quality Act (CEQA), which states that
a project is exempt from CEQA if the activity is covered by the common-sense exemption
that CEQA applies only to projects that have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. This action makes changes to the City's rules and regulations pertaining
to the handling of solid waste to better protect the public health, safety and welfare and
to bring the City's rules and regulations into compliance with State law. This ordinance
increases the amount of waste that is required to be diverted in accordance with State
law, and therels no possibility that adopting this Ordinance will have a significant negative
effect on the environment. Therefore, no environmental analysis is required.
Section 3. Existing Chapter 8.20 (Solid Waste Collection and Disposal) of Title 8
(Health and Safety) of the RPVMC is repealed in its entirety.
Section 4. A new Chapter 8.20 (Solid Waste Collection and Disposal) is hereby
added to Title 8 (Health and Safety) of the RPVMC to read in its entirety as follows:
111
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"Chapter 8.20 SOLID WASTE COLLECTION AND DISPOSAL*'
ARTICLE I. DEFINITIONS AND GENERAL PROVISIONS
8.20.110. Findings and Purpose.
A. The city council finds that the storage, accumulation, collection, and disposal of solid
waste is a matter of great public concern, in that improper control of such matters may
create a public nuisance, or lead to air pollution, fire hazards, insect breeding, rat
infestation, and other problems affecting the health, welfare, and safety of the
residents of this and surrounding cities. The periodic collection of solid waste from all
residential and commercial premises within the City and the letting of one or more
exclusive or nonexclusive contracts or franchises by the City for such collection will
provide the most orderly and efficient solution to such problems and promote the
public health, safety, and welfare.
B. The purpose of this Chapter is to:
1. Establish requirements for the collection and recycling of recyclable materials and
collection, and processing of organic materials generated from commercial
facilities and multi-family dwellings.
2. Assist the City in complying with the Act and SB 1383 (defined below), which
provide for mandatory commercial and organics recycling.
3. Augment voluntary recycling efforts to further the City's recycling and diversion
goals.
4. Reduce greenhouse gas emissions associated with the mining and manufacturing
of goods from virgin materials and associated with the disposal of solid waste in
landfills.
5. Further protect the natural environment and human health as well as enhance the
economy through increased recycling and organics processing activities.
8.20.120. Definitions.
A. The words and phrases used in this Chapter shall have the following meanings,
unless it is apparent from the context that a different meaning is intended:
"AB 341" means the Assembly Bill approved by the Governor of the State of California
on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736,
41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734. 5, and 41780.
01 and Chapter 12. 8 commencing with Section 42649) to Part 3 of Division 30 of, and
added and repealed Section 41780. 02 of, the Public Resources Code, relating to solid
'Editor's notes) Ord. No 635, § 2, adopted May 5, 2020, repealed the former Ch 8 20, §§ 8.20 010
8 20 300, and enacted a new Ch. 8.20 as set out herein. The former Ch 8 20 pertained to similar subject
matter and derived from Ord. No 268, adopted 1991; Ord. No 300, adopted 1994, Ord. No 323, adopted
1997, and Ord. No. 553, adopted Dec. 3, 2013.
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waste, as amended, supplemented, superseded and replaced from time to time and
which places requirements on commercial businesses and multi-family property owners
that generate a specified threshold amount of solid waste to arrange for recycling services
and requires cities to implement a mandatory commercial and multi-family recycling
program.
"AB 939" means the California Integrated Waste Management Act of 1989 (California
Public Resources Code Sections 40000 et seq.) and is used interchangeably with "Act".
"AB 1826" means the Assembly Bill approved by the Governor of the State of California
on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649. 8)
to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended,
supplemented, superseded, and replaced from time to time and requires commercial
businesses and multi-family property owners that generate a specified threshold amount
of solid waste, recyclable materials, and organic materials per week to arrange for
recycling services for that waste, requires cities to implement a recycling program to divert
organic waste from commercial businesses subject to the law, and requires cities to
implement a mandatory commercial and multi-family organic waste recycling program.
"Act" means the California Integrated Waste Management Act of 1989, codified as Public
Resources Code Section 40000 et seq., and as may be amended, including but not limited
to Assembly Bill 341 and Assembly Bill 1826, and CalRecycle's implementing regulations.
"Administrator" means the city manager or the city manager's designee.
"Anaerobic Digestion" means in-vessel controlled system of digestion, such as, but not
limited to a treatment facility for the digestion of organics to produce methane and reduce
the volume of organics sent to landfills.
"Back-haul" means transporting recyclable materials or organic waste to a destination
owned and operated by the waste generator using a vehicle or trailer that was originally
used to deliver products or finished goods to the waste generator's location.
"Bin" means a container with hinged lids and wheels and a capacity from two (2) to six
(6) cubic yards.
"Blue Container" means a container with a blue lid and/or body used to store and collect
source separated recyclable materials or source separated blue container organic waste.
"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).
"Cart" means a plastic container with a hinged lid and wheels serviced by an automated
or semi-automated truck with a capacity of no less than 32-gallons and no greater than
101-gallons.
"Chapter" means this Chapter 8.20 of the Rancho Palos Verdes Municipal Code.
"City" means the City of Rancho Palos Verdes and all the territory within its City limits.
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"City Manager" means the city's manager or their designee(s) who is/are partially or
wholly responsible for enforcing this Chapter.
"Collect or "Collection" means the operation of gathering together within the City, and
transporting by means of a motor vehicle to the point of disposal or processing, of any
solid waste.
"Collection Agreement" means an agreement to collect, transport or dispose of solid
waste, recyclable materials or organic materials in the City entered into pursuant to the
terms of an exclusive or non-exclusive franchise.
"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 multi-family generator premises with five (5) or more dwelling units.
A multi-family generator premises that consists of fewer than five (5) units is not a
commercial business for purposes of this Chapter.
"Commercial Edible Food Generator" means a commercial premises that generates
recoverable edible food including 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.
"Commercial Generator" means any legal entity that generates solid waste at a
commercial facility, which may include businesses; charitable or nonprofit organizations,
including hospitals, educational institutions, and civic or religious organizations;
governmental organizations, agencies, or entities; and nonresidential tenants or entities
that lease or occupy space. "commercial generator" also includes the City and its facilities
and nonresidential properties.
"Commercial Premises" means all occupied real property in the City, except property
occupied by federal, state or local governmental agencies which do not consent to their
inclusion, and excepting single-family residential premises, and shall include, without
limitation, wholesale and retail establishments, restaurants and other food service
establishments, bars, stores, shops, offices, service stations, repair, research and
development establishments, professional services, sports or recreational facilities,
r- construction and demolition sites, multi-family dwellings, a multiple dwelling that is not a
residential premises (e.g., retirement homes, convalescent and rehab facilities),
institutional premises (e.g., libraries, churches, schools, and colleges), nonprofits, and
any other nonresidential and business facilities, structures, sites, or establishments in the
City.
"Commercial Solid" or "Semi-solid Waste" includes all types of solid waste generated
by a store, office, or other commercial or public entity source, including a business or a
multi-family dwelling of five or more units.
"Community Composting" means any activity that composts green waste, agricultural
material, food material, and vegetative food material, alone or in combination, and the
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U
total amount of feedstock and compost on-site at any one time does not exceed 100 cubic
yards and 750 square feet.
"Compliance Review" means a review of records of a commercial business by the City
or its designee to determine compliance with this Chapter and/or State law.
"Compost" means the product resulting from the controlled biological decomposition of
organic solid wastes that are source separated from the municipal solid waste stream, or
which are separated at a centralized facility.
"Compostable Plastic" means plastic material that meets the American Society for
Testing and Materials (ASTM) D6400 standard for compostability (Sections 5.1 through
6.4.2 published May 2019), and as those standards may be modified.
"Composting" means the biological decomposition of organic materials such as leaves,
grass clippings, brush, and food waste into a soil amendment. Composting is a form of
recycling.
"Construction Site" or "Demolition Site" means any real property in the City in, on or
from which a building or structure is being fabricated, assembled, erected or demolished,
and which produces construction or demolition solid waste which must be removed from
the property, and requires the use of commercial refuse containers.
"Construction and Demolition Debris "or "C&D Debris" means any solid waste
generated at a premises that is directly related to construction or demolition activities.
These activities include, but are not limited to, construction, demolition, remodeling,
grading, land clearing, or renovation on any residential, commercial, institutional or
industrial building, road, driveway, walkway or other structure. C&D debris includes but
is not limited to, concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock,
soil and metal.
"Container" means any and all types of solid waste receptacles, including carts, bins,
and roll-off boxes.
"Contamination" or "Contaminated Container" means a container, regardless of
color, that contains prohibited container contaminants.
"Discarded Materials" means solid waste debris discarded by the waste generator or
customer.
"Disposal" means the complete operation of treating and disposing of solid waste after
the collection thereof.
"Diversion" means any combination of waste prevention (source reduction), recycling,
reuse and composting activities that reduces waste disposed at landfills, provided such
activities are, recognized by CalRecycle as diversion in its determination of the City's
diversion targets and compliance with AB 939.
"Edible Food" means food intended for human consumption. For the purposes of this
Chapter edible food is not solid waste if it is recovered and not discarded. Nothing in this
Chapter requires or authorizes the recovery of edible food that does not meet the food
safety requirements of the California Retail Food Code (California Health and Safety
Code Sections 113700 et seq.).
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"Electronic Waste" means mobile phones, computers, monitors, copiers, fax machines,
printers, televisions, and other electronic items.
"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.
"Excluded Waste" means hazardous substances, hazardous waste, infectious waste
(as defined in 14 CCR Section 17225.36), designated waste, volatile, corrosive, medical
waste, regulated radioactive waste, and toxic substances or material that facility
operator(s), which receive materials from the City and its waste generators, reasonably
believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be
a violation of local, State, or federal law, regulation, or ordinance, including: land use
restrictions or conditions, waste that cannot be disposed of in Class III landfills or
accepted at the facility by permit conditions, waste that in the City's opinion would present
a significant risk to human health or the environment, cause a nuisance or otherwise
create or expose the City to potential liability; but not including de minimis volumes or
concentrations of waste of a type and amount normally found in single-family or multi-
family solid waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint.
"Food Distributor" means a company that distributes food to commercial edible food
generators.
"Food Facility" means a permanent or temporary operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption at the retail
level. Food facility has the same meaning as in Section 113789 of the Health and Safety
Code. A food facility includes an operation where food is consumed on or off the
premises, regardless of whether there is a charge for the food. A food facility includes a
place used in conjunction with the operations described in this Section, including, but not
limited to, storage facilities for food-related utensils, equipment, and materials. A food
facility includes, but is not limited to, school cafeterias, licensed health care facilities,
commissaries, mobile food facilities, vending machines, farmers' markets, farm stands,
microenterprise home kitchen operations, and catering operations. Food facility does not
include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are used for storing
or handling food.
(2) A private home when used for private, noncommercial purposes or when used
as a cottage food operation.
(3) A church, private club, or other nonprofit association that gives or sells food to its
members and guests, and not to the general public, at an event that occurs not
more than three (3) days in any 90-day period.
(4) A for-profit entity that gives or sells food at an event that occurs not more than
three (3) days in a 90-day period for the benefit of a nonprofit association, if the
for-profit entity receives no monetary benefit, other than that resulting from
recognition from participating in an event.
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(5) A premises set aside for wine tasting, or beer manufacturing, regardless of
whether there is a charge for the wine or beer tasting.
(6) An outlet or location, operated by a producer, selling or offering for sale only
whole produce grownby the producer or shell eggs, or both, provided the sales
are conducted at an outlet or location controlled by the producer.
(7) A commercial food processing establishment.
(8) A child day care facility.
(9) A community care facility.
(10) A residential care facility for the elderly.
(11) A residential care facility for the chronically ill.
(12) An intermediate care facility for the developmentally disabled.
(13) A community food producer.
(14) A limited-service charitable feeding operation.
"Food Recovery" means actions to collect and distribute edible 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; or
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of
the Health and Safety Code.
"Food Recovery Service" means a person or entity that collects and transports edible
Food from a commercial edible food generator to a food recovery organization or other
entities for food recovery.
"Food Scraps" means all discarded food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food scraps excludes fats, oils, and grease when such materials are source separated
from other food scraps.
"Food Service Establishment" means any and all restaurants, sales outlets, stores,
shops, manufacturers, processors, vehicles or other places of business located or
operating within the City that function primarily to sell, manufacture, process, or distribute
foods or beverages to consumers or other businesses.
"Food Service Provider" means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations of others based on
contractual arrangements with these types of organizations.
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"Food-soiled Paper" is compostable paper material that has come in contact with food
or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza
boxes, and milk cartons.
"Food Waste" means food scraps, food-soiled paper, and compostable plastics.
"Franchisee" means the company (or companies) that is/are awarded an exclusive or
non-exclusive franchise or collection agreement by the City for the handling of solid
waste, organic waste or recyclable materials.
"Full-service Restaurant" means a food facility with the primary business purpose of
serving food, where food may be consumed on the premises, and where all of the
following actions are taken by an employee of the establishment: (1)The consumer's food
and beverage orders are taken after the consumer has been seated; (2) The food and
beverage orders are delivered directly to the consumer; (3) Any requested items
associated with the consumer's food or beverage order are brought to the consumer; (4)
The check or order for payment is delivered directly to the consumer at the assigned
eating area; and (5) The table-cleaning function is generally or routinely performed by an
employee of the establishment, and not the consumer.
"Garbage" means any mixture of putrescible and non-putrescible solid and semi-solid
wastes, including trash, residential refuse, commercial solid and semi-solid waste, or
animal solid and semi-solid waste, and other solid and semi-solid waste destined for
Disposal sites. Garbage does not include C&D debris, recyclable materials, or organic
waste.
"Gray Container" means a container with a gray or black lid and/or body used to store
and collect gray container waste.
"Gray Container Waste" means refuse or mixed waste that is collected in a gray
container that is part of collection service that prohibits the placement of green or blue
container waste in the gray container.
"Green Container" means a container with a green lid and/or body used for storage and
collection of source separated green container waste.
"Green Container Waste" means green waste, organic waste, food scraps, food-soiled
paper, and compostable plastics that is collected in a green container that is part of a
service that prohibits the placement of refuse, mixed waste, and non-organic recyclables
in the green container.
"Green waste" or"yard waste" means leaves, grass clippings, brush, branches, mulch,
and other forms of organic materials generated from landscapes or gardens, separated
from other solid waste.
"Grocery Store" means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a
bakery, deli, and meat and seafood departments.
"Hazardous Substance" means any of the following: (a) any substances defined,
regulated or listed (directly or by reference) as " hazardous substances", " hazardous
materials", " hazardous wastes", " toxic waste", " pollutant", or " toxic substances", or
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similarly identified as hazardous to human health or the environment, in or pursuant to:
(i) the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) of 1980, 42 USC Section 9601 et seq. (CERCLA); ii) the Hazardous Materials
Transportation Act, 49 USC Section 1802, et seq.; (iii) the Resource Conservation and
Recovery Act, 42 USC Section 6901 et seg.; (iv) the Clean Water Act, 33 USC Section
1251 et seq.; (v) California Health and Safety Code Section 25115- 25117, 25249. 8,
25281, and 25316; (vi) the Clean Air Act, 42 USC Section 7901 et seq.; and, (vii)
California Water Code Section 13050; (b) any amendments, rules or regulations
promulgated thereunder to such enumerated statutes or acts currently existing or
hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical,
waste or pollutant identified as hazardous or toxic or regulated under any other Applicable
Law currently existing or hereinafter enacted, including, without limitation, friable
asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel
products, and by-products.
"Hazardous Waste" means and includes waste defined as hazardous by Public
Resources Code Section 40101 as it now exists or may subsequently be amended,
namely, a waste or combination of wastes, which because of its quantity, concentration,
or physical, chemical o"r infectious characteristics, may do either of the following: (i) cause
or significantly contribute to, an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported, or disposed
of, or otherwise managed. "hazardous waste" includes extremely hazardous waste and
acutely hazardous waste, and any other waste as may hereafter from time to time be
designated as hazardous by the Environmental Protection Agency ("EPA") or other
agency of the United States Government, or by the California Legislature or any agency
of the State of California empowered by law to classify or designate waste as hazardous,
extremely hazardous or acutely hazardous.
"High Diversion Organic Waste Processing Facility" means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or
exceeds an annual average mixed waste organic content Recovery rate of 50% between
January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated
pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "mixed
waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as
defined in 14 CCR Section 18982(a)(33).
"Household Hazardous Waste" means hazardous waste generated at residential
premises.
"Inspection" means a site visit where the City reviews records, containers, and a
person's collection, handling, recycling, or landfill disposal of organic waste or the
handling of edible food to determine compliance with the requirements set forth in 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
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that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot,
golf course, street system, or other open space when being used for an event.
"Large Venue" means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. A large venue facility includes, but is not limited to, a
public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse
track, performing arts center, fairground, museum, theater, or other public attraction
facility. A site under common ownership or control that includes more than one large
venue that is contiguous with other Large Venues in the site, is a single large venue.
"Local Education Agency" means a school district, charter school, or county office of
education that is not subject to the control of City or county regulations related to solid
waste.
"Manure" means animal excrement especially that of livestock and domestic farm
animals, and secondary materials used for bedding or sanitary purposes.
"Materials Recovery Facility" means a permitted solid waste facility where solid wastes
or recyclable or organic materials are sorted or separated for the purposes of recycling,
processing or composting.
"Medical Waste" means any discarded material that is generated or has been used in
the diagnosis, treatment, or immunization of human beings or animals, or research
pertaining thereto, and shall include, but not limited to, biomedical, biohazardous and
medical waste, or other solid waste resulting from medical activities or services any state
or federal law or regulation, all as currently enacted or subsequently amended.
"Multi-Family" or "Multi-family Dwelling" means a residential structure with five (5) or
more dwelling units. Multi-family premises do not include hotels, motels, or other transient
occupancy facilities, which are considered commercial businesses.
"Multi-family Generator" means tenants, residents, other occupants, and custodians or
janitors of multi-family dwellings.
"Non-compostable Paper" includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the composting process.
"Non-organic Recyclables" means non-putrescible and non-hazardous recyclable
wastes including but not limited to bottles, cans, metals, plastics and glass.
"Notice of Violation (NOV)" means a notice that a violation of this Chapter has occurred
that includes a compliance date to avoid the
imposition of penalties.
p
"Organic Materials" means source separated organic waste that can bep laced in a
green container specifically intended for the separate collection of organic waste by the
generator, excluding non- compostable paper; paper products; printing and writing paper;
and any other organic waste that an organic waste facility may reject to maintain any
organics-related composting certifications including but not limited to organic carpets and
textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.
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"Organic Waste" means solid waste containing material originated from living organisms
and their metabolic waste products, including but not limited to non-edible food,
nonhazardous wood waste, food-soiled paper, food scraps, landscape and pruning
waste, green waste, organic textiles and carpets, lumber, wood, paper products, printing
and writing paper, manure, biosolids, digestate, and sludges.
"Organic Waste Generator" means a person or entity that is responsible for the initial
creation of organic waste.
"Paper Products" include but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging file folders hanging files, corrugated boxes, tissue, and toweling, or
as otherwise defined in 14 CCR Section 18982(a)(51).
"Person" means any individual, legal entity, association, firm, partnership, corporation,
or any other group or combination thereof acting as a unit.
"Premises" means any land, or building in the City where solid waste, recyclable material
or organic waste is generated or accumulated.
"Printing and Writing Papers" include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications.
"Processing" means the reduction, separation, recovery, and conversion of solid waste.
"Prohibited Container Contaminants" means the following: (i) discarded materials
placed in the blue container that are not identified as acceptable source separated
recyclable materials for the City's blue container; (ii) discarded materials placed in the
green container that are not identified as acceptable source separated green container
organic waste for the City's green container; (iii) discarded materials placed in the gray
container that would otherwise be acceptable source separated recyclable materials, (iv)
excluded waste placed in any container.
"Property Owner(s)" means the owner of real property.
"Public agency" means any governmental agency or department thereof, whether
federal, state, or local.
"Putrescible Waste" means waste that is capable of being decomposed by
microorganisms with sufficient speed as to cause a nuisance because of odor, gases, or
other offensive conditions, and including materials such as, but not limited to, food waste
and dead animals.
"Recovered Organic Waste Products" means products made from California, landfill-
diverted recovered organic waste processed in a permitted or otherwise authorized
facility.
"Recovery" or "Recovered" means any activity or process that prevents recyclable
materials or organic waste from being placed in a landfill including, but not limited to,
recycling, composting, anaerobic digestion, biomass conversion, soil amendment, land
application, and lawful use as animal feed.
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"Recyclable" shall mean a material that can be processed into a form suitable for reuse
through reprocessing or remanufactured consistent with the requirements of AB 939.
"Recyclable Materials" means residential or commercial source-separated byproducts
of some potential economic value, set aside, handled, packaged, or offered for collection
in any manner different from refuse.
"Recycled-content Paper" means paper products and printing and writing paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber.
"Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become solid waste, and returning them to
the economic mainstream in the form of raw material for new, reused, or reconstituted
products which meet the quality standards necessary to be used in the marketplace.
Recycling does not include transformation as defined in Public Resources Code Section
40201.
"Refuse" means putrescible and non-putrescible waste including garbage, trash,
rubbish, and mixed waste.
"Regulated Entity" means waste generators, commercial edible food generators, food
recovery services, food recovery organizations, and facility operators.
"Remote Monitoring" means the use of the internet of things (loT) and/or wireless
electronic devices to visualize the contents of blue containers, green containers, and gray
containers for purposes of identifying the quantity of materials in containers (level of fill)
and/or presence of prohibited container contaminants.
"Rendering" is a process that converts waste animal tissue into stable, usable materials.
Rendering can refer to any processing of animal products into more useful materials, or,
more narrowly, to the rendering of whole animal fatty tissue into purified fats like lard or
tallow.
"Renewable Natural Gas" means gas derived from organic waste that has been diverted
from a California landfill and processed at an anerobic ingestion facility that is permitted
or otherwise authorized by Title 14 of the CCR to recycle organic waste.
"Residential Householder" means any person or persons holding or occupying
residential premises in the City, whether or not the owner of the residential premises.
"Residential Premises" means any dwelling unit within the City, including, without
limitation, multiple unit residential complexes, such as rental housing projects,
condominiums, apartment houses, mixed condominiums and rental housing, and mobile
home parks, excepting any multi-family or other multiple-unit dwelling which, with the prior
written approval of the city manager or designee, receives commercial bin service.
"Residential Unit" means a building or portion of a building used for dwelling purposes
by an individual family or group of persons.
"Resource Recovery" means any use of solid waste collected pursuant to this Chapter,
except for landfill disposal or transfer for landfill disposal. "resource recovery" shall
include, but is not limited to, transformation, composting, and multi-material recycling.
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"Restaurant" means an establishment primarily engaged in the retail sale of food and
drinks for on-premises or immediate consumption.
"Roll-off Box" means a solid waste collection container of 10-yards to 40-yards capable
of being loaded via winch onto a rolloff vehicle equipped with rails.
"Route Review" means a visual inspection of containers along a hauler route for the
purpose of determining container contamination, and may include mechanical inspection
methods such as the use of cameras.
"Rubbish" means, without limitation, the following items: waste and refuse capable of
burning, including straw, packing materials, leather, rubber, clothing, bedding, books,
rags, and all similar articles which will burn by contact with flames or ordinary
temperatures.
"SB 1383" means Senate Bill 1383 of 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 it is amended, supplemented, superseded,
and replaced from time to time.
"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes
of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter
12 and amended portions of regulations of 14 CCR and 27 CCR.
"Self-hauler" or "Self-haul" means a person who hauls solid waste, organic waste, or
recovered materials they have generated to another person, or as otherwise defined in
14 CR Section 18982(a) (66). Self-hauler also includes a person who back-hauls waste.
"Single-family" means of, from, or pertaining to any residential premises with fewer than
five (5) units.
"Solid Waste" has the same meaning as defined in State Public Resources Code
Section 40191, which defines solid waste as all putrescible and non-putrescible solid,
semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, abandoned vehicles and parts
thereof, discarded home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge that is not Hazardous Waste, manure, vegetable or animal solid and
semi-solid wastes, and other discarded solid and semisolid wastes permitted to be
disposed of at a Class III landfill and which are included within the definition of
a) "Nonhazardous Solid Waste" set forth in 27 CCR Section 20220(a). Solid Waste
does not include any of the following wastes:
b) Hazardous waste.
c) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter
8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health II
and Safety Code).
III
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d) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid
Waste landfill, as defined in State Public Resources Code Section 40195.1.
Medical waste that has been treated and deemed to be Solid Waste shall be
regulated pursuant to Division 30 of the State Public Resources Code.
e) Recyclable Materials, C&D debris, organic waste, or other salvageable materials
only when such materials are source separated at the site of generation.
"Solid Waste Customer" means the person responsible for managing solid waste,
recyclable materials or organic waste at commercial or residential premises, including
subscribing to solid waste collection services with a franchisee or self-hauling solid waste,
or the person to whom the franchisee submits billing invoices for collection from a
commercial generator or multi-family generator. Solid waste customers shall include
organizers and/or hosts of special events.
"Solid Waste Enterprise" means any individual, partnership, joint venture,
unincorporated private organization, or private corporation regularly engaged in the
business of providing solid waste handling services.
"Solid Waste Handling Services" means the collection, transportation, storage,
transfer, or processing of solid waste, recyclable materials and/or organic waste for
residential or commercial users or customers.
"Source Separated" means materials, including commingled recyclable materials and/or
organic waste, that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting or processing to return
them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products.
"Source Separated Blue Container Organic Waste" means source separated non-
putrescible organic wastes that can be placed in a blue container that is limited to the
collection of those organic wastes and non-organic recyclables.
"Source Separated Green Container Organic Waste" means source separated
organic waste that can be placed in a green container that is specifically intended for the
separate collection of organic waste by the organic waste generator, excluding source
separated blue container organic waste, carpets, non-compostable paper, and textiles.
"Source Separated Recyclable Materials" means recyclable materials separated on
commercial premises from solid waste for the purpose of sale, not mixed with or
containing more than incidental or minimal solid waste, and having a market value.
"Special Event" shall have the same meaning as provided in Section 12.20.030
(Definitions) of this code.
"State" means the State of California.
"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.
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"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.
"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 two hundred fifty (250) or more
seats or total cafeteria facility size equal to or greater than 5,000 square
III
feet.
7. A local education agency facility with an on-site food facility.
"Waste Generator" means any person whose act or process produces solid waste as or
whose act first causes solid waste to become subject to regulation.
"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.
Nothing contained in this Section shall be deemed to preclude the City and any solid
waste enterprise from incorporating into any franchise agreement definitions relating to
their respective contractual rights and obligations which may differ from or augment those
set forth herein.
8.20.130. Illegal dumping.
No person shall dump, place or bury in any public or private lot, alley, street, land or in
any water or waterway within the City refuse, recyclable material, organic waste, green
waste or any other solid waste. The dumping, placement or burial of any refuse,
recyclable material, organic waste, green waste or any other solid waste shall constitute
a nuisance and may be abated by the City through civil process by means of restraining
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order, preliminary or permanent injunction or in any other manner provided by law for the
abatement of such nuisances.
8.20.140. Unlawful to Place Dangerous Materials in Containers.
No person shall place or deposit in any container used for collection of solid waste,
recyclable material or organic waste in the following: any waste classified as hazardous
waste, universal, electronic, biohazardous, radioactive, any narcotics or controlled
substances, hypodermic needles, poisons, liquid or dry caustics, acids, flammable or
explosive materials, pesticides, or similar dangerous or other hazardous substances.
8.20.150. Hazardous, Radioactive, and Medical Waste.
No person shall transport or collect hazardous wastes/substances, radioactive wastes, or
medical wastes without complying with all applicable laws or regulations. No person shall
deposit, dump, spill, place, or otherwise allow to be disposed of, in or on a solid waste
facility notdesignated as a hazardous waste or radioactive waste disposal facility, any
waste classified as hazardous waste/substance or radioactive waste pursuant to State,
federal or county, law or regulation. No person shall deposit, dump, spill, place, or
otherwise allow untreated medical waste to be disposed of in, or on, a solid waste facility.
8.20.160. Manure.
A. It shall be the responsibility of the owner, occupant or operator of any premises on
which manure accumulates to store and dispose of manure such that runoff
containing pollutants and leaching of nutrients into groundwater or surface waters
is eliminated.
B. Manure shall be stored in containers which are approved by the City, or in a
designated manure waste storage area. Manure storage whether in a cart,
dumpster bin, roll-off box or designated storage area shall be stored at least 35
feet from the nearest neighboring dwelling unit. Approved containers are those
supplied by the franchisee and include carts, two-yard bins, roll-off boxes, or
containers otherwise approved by the City and compliant with the Act and SB 1383
to the extent applicable. All such containers shall be equipped with working lids to
minimize water accumulating within the container.
C. Manure storage areas shall be constructed in such a manner as to minimize
potential runoff. No manure storage structure or container shall be placed within
20 feet of a flood control channel or open storm drain. Storage areas shall be
constructed with a three-walled, fire-proof structure on a concrete base with a roof
or tarp.
D. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock
keeping areas at least once per week.
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E. Manure spreading over arenas, pastures, corrals or other livestock areas as an
alternative means of disposal is prohibited and shall be in violation of this Chapter.
Manure composting is prohibited without the written approval of the administrator.
F. Manure runoff that discharges onto adjacent property, onto City streets or right of
way, horse trails, or into flood control channels is prohibited. Owners, occupants,
or operators that allow such to occur, intentionally or negligently, shall be in
violation of this Chapter.
8.20.170. Burning Prohibited.
No person shall burn within the City any refuse, recyclable material, organic waste, green
waste or any other solid waste, except as expressly permitted in Chapter 8.08 of this code
and the California Fire Code. It shall be a violation of this Chapter to ignite or otherwise
cause, or assist, counsel, procure or maintain any burning in violation of this Section.
ARTICLE II. SOLID WASTE COLLECTORS
8.20.180. Franchisees.
A. Franchisees shall keep separate solid waste, recyclable materials, and organic
materials that have been segregated into separate containers by customers and
II
generators.
B. Every franchisee shall offer to its customers all solid waste, recyclable material and
organic waste hauling services contemplated in this Chapter that are applicable to
the customer, and shall provide the appropriate containers.
C. Franchisees shall ensure that solid waste is delivered to a disposal site that is
designed and constructed in accordance with Sections 2530 et seq. of Title 23 of
the California Code of Regulations. Any such disposal site shall have valid and
current permits from all necessary governmental agencies for it to operate as a
class III sanitary landfill, and must be in full regulatory compliance.
D. Franchisees shall ensure that segregated recyclable materials are delivered to an
appropriately licensed recycling facility and that segregated organic materials are
delivered to an appropriately licensed organics processing facility, except that a
container that contains unacceptable levels of contamination may be delivered for
solid waste disposal. In this event, the franchisee shall keep records of the
following: the occurrence; the date of the occurrence; and the account name,
primary contact, phone number, billing address, and service address for the solid
waste customer at which the container is located. Such records shall be provided
to the City upon request.
E. Franchisees shall conduct their operations with the least possible obstruction and
inconvenience to public traffic or disruption to the peace and quiet of the area within
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which collections are made. Noise emitting from any collection shall not exceed
I75 decibels when measured at a distance of 25 feet.
F. Within five days of request by the City, franchisees shall provide progress reports
providing the following information, at a minimum:
1. Total number of solid waste customers to whom the franchisee currently
provides solid waste, recyclable materials, and organic materials collection
service within the City's boundaries;
2. For each solid waste customer, the account name, identifying number,
primary contact, phone number, billing address, and service address;
3. Information on the type of collection service provided, such as solid waste,
recyclable materials, or organic materials services;
4. The weekly volume and type of collection service provided, including the
number, type, and size of containers serviced and the days of service for
each container;
5. Name and location of the solid waste or recycling facilities where materials
are delivered for processing;
6. List of accounts not in compliance with this Chapter, including whether they
have waivers or exemptions t based on the waivers and exemptions in
Section 8.20.380 (Waivers and Exemptions);
7. Records of containers of recyclable or organic materials that had to be
disposed of with garbage because of contamination.
8. Copies of all public education and notices.
G. Franchisee shall maintain all records required by this Chapter for three (3) years.
8.20.190. Donation of Recyclable Material - Exempt.
The prohibitions in this article shall not apply to any person or entity collecting recyclable
material sold or donated to it by the person or entity that generated such recyclable
material. This exclusion shall not apply if the waste generator of the recyclable material
is required to pay the franchisee of the recyclable materials any monetary or non-
monetary consideration relating in any way, directly or indirectly, to the collection,
transportation, transfer, or processing of the recyclable material, or for the lease or use
of containers.
8.20.200. Collection Charge.
The city council may, by resolution or an approved collection agreement, place a limit on
the rates franchisees may charge for the collection of solid waste, recyclable material or
organic waste. No franchisee shall charge any rate or fee which is greater than the
maximum rate permitted by the city council.
Every solid waste customer shall pay the rates for collection services rendered pursuant
to this Chapter. The occupant of the premises, if different from the owner, shall be
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primarily responsible for payment of all such fees and charges. Should the occupant fail
to pay all such fees and charges so that they become delinquent, then the owner of such
premises shall become responsible for the payment of all such fees and charges,
including any delinquency.
8.20.210. License Requirements and City Approved Agreement.
A. The city council may award an exclusive or nonexclusive collection agreement for the
collection and disposal of solid waste, recyclable materials and/or organic waste from
residential premises, commercial, and special event premises in the City to an
franchisee.
B. No person may collect solid waste, recyclable materials and/or organic waste in the
City without having first obtained a business license from the City pursuant to Chapter
5.04 (Business Licenses) of this code, and any other permit required by any public
agency.
8.20.220. Vehicle Standards.
A. No person may operate any vehicle for the collection of solid waste, recyclable
materials or organic waste in the City unless a tag has been affixed to the vehicle
indicating that the owner of the vehicle has a valid collection agreement and valid
business license, and that the license tax for such vehicle has been paid. The nature,
design, and placement of such tags shall be as specified by the administrator. Tags
may not be transferred from one vehicle to another without the written approval of the
administrator.
B. Any franchisee's vehicle utilized for collection, transportation, or disposal in the City
shall comply with the following standards:
1. Each vehicle shall be equipped with watertight bodies fitted with close-fitting
metal covers and used so that no solid waste, oil, grease, or other substance
will blow, fall, or leak out of the vehicle.
2. A broom and shovel shall be carried on each vehicle at all times, and any waste
that spills during collection shall be immediately cleaned up.
3. Each vehicle shall comply with all applicable statutes, laws, or ordinances of
any applicable public agency regulations.
4. Each vehicle must be under ten years of age unless otherwise specifically
authorized in writing by the administrator. The City may adjust this requirement
downward in its collection agreements with franchisees.
5. Routine motor carrier inspections by the California Highway Patrol will be
required annually on each vehicle, and certificates of proof of inspection shall
be filed with the administrator. Vehicles must be determined to be in
compliance with applicable motor carrier safety-related statutes and
regulations. Brakes shall be inspected quarterly and proof of inspection shall
be filed with the administrator.
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6. All vehicles shall at all times be kept clean and sanitary, in good repair, and
well and uniformly painted to the satisfaction of the administrator.
7. The franchisee's name and its telephone number shall be printed in legible
letters not less than five inches in height on both sides and rear of all the
franchisee's vehicles used in the City.
8. All vehicles must meet AQMD air quality standards or operate on alternative
low emissions fuel.
C. Franchisees must immediately notify the City in the event of any spill of hydraulic fluid
on City streets.
D. Franchisees must immediately notify law enforcement in the event of any traffic
accident.
E. Violations. In addition to the penalty provisions provided for in Section 8.20.460
(Violations- Penalty), should the administrator give notification at any time to a
franchisee that any of such franchisee's vehicles is not in compliance with the
standards of this Chapter, such vehicle shall forthwith be removed from service by the
franchisee and the permit tag removed. The vehicle shall not again be utilized in the
City nor shall the permit tag be replaced until the vehicle has been inspected and
approved by the administrator. The franchisee shall maintain its regular collection
schedule regardless of such action.
8.20.230. Franchisee's Indemnification and Insurance Requirements.
Any City-authorized franchisee shall indemnify, defend and hold harmless the City, and
obtain insurance as specified in their collection agreement.
8.20.240. Workers' Compensation Insurance.
Any City-authorized franchisee shall obtain workers' compensation insurance as
specified in their collection agreement.
8.20.250. Other Provisions and Requirements.
Any City-authorized franchisee shall comply with the terms of this Chapter, and all such
other requirements as specified in their collection agreement, which collection agreement
requirements may be more specific than the terms of this Chapter.
8.20.260. Office for Inquiries and Complaints.
The franchisee shall maintain an office at some fixed location and shall maintain a
telephone at the office. Franchisees shall at all times during the hours between 8:00 a.m.
and 5:00 p.m. of each weekday, and between 9:00 a.m. and 12:00 p.m. on Saturday (if
III collecting solid waste in the City on that day) have some person at the office to answer
inquiries and receive complaints. The telephone number shall be a toll-free number. The
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franchisee shall provide to the administrator an emergency telephone number that can
be reached 24 hours a day.
The franchisee shall maintain at its office a written log of all complaints received. The log
shall contain the date of complaint, the complainant's name, address, and telephone
number, the nature of the complaint, the action taken or the reason for nonaction, and the
date such action was taken. All inquiries and complaints shall be promptly answered and
dealt with to the satisfaction of the administrator. The log of complaints and other records
pertaining to solid waste, recyclable material or organic waste collection and disposal
shall be open to inspection by the City at all reasonable times. Franchisees shall maintain
the complaint log for at least three (3) years.
8.20.270. Frequency and Hours of Collection.
Each franchisee shall collect and dispose of all solid waste, recyclable materials and/or
organic waste placed for collection in compliance with this Chapter from each solid waste
customer premises at least once during each calendar week, and not more than six days
shall elapse between one collection and the next unless the regular day of collection falls
on a holiday. Routes of collection shall be so arranged that collection from any premises
will be made on the same day of each week. Each franchisee shall possess a
sufficient number of vehicles, including spares, to maintain the collection schedule
at all times. Franchisees shall optimize their routes so as to reduce wear and tear
on City streets.
A. When the collection day falls on January first, Memorial Day, July Fourth, Labor
Day, Thanksgiving Day or December 25, the residential franchisee shall elect one
of the following options:
1. Collect on the holiday;
2. Collect one day prior to or one day after the holiday, provided that regular
collection can be maintained on the regularly scheduled days the remainder
of the week.
B. No Collection or delivery/removal of containers shall be made between the hours
of 6:00 p.m. and 7:00 a.m. Monday through Friday, or between the hours of 6:00
pm and 8:00 am on Saturday, or at any time on Sunday.
C. City shall have the right to approve in advance any variances from the hours of
collection.
8.20.280. Recycling and Resource Recovery.
A. Every franchisee shall attempt to improve its methods of collection, storage,
handling, processing, and disposal of solid waste, recyclable materials and/or
organic waste in order to maximize diversion of wastes deposited in landfills.
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B. All solid waste, recyclable materials and/or organic waste placed for collection at
any customer premises or at any location designated by the City for the collection
of solid waste shall be and become the property of the City or its franchisees.
ARTICLE III. CONTAINERS FOR SOLID WASTE
8.20.290. Franchisees' Obligation to Provide Containers.
Franchisees furnishing containers to customers for storage of refuse, green waste,
organic waste, recyclable materials and/or any other solid waste shall comply with the
following requirements:
A. Provide containers designed for safe handling that shall be designed and
constructed to be non-absorbent, watertight, vector-resistant, durable, and easily
cleanable.
B. Provide containers equipped with close-fitting and tight-fitting lids or covers that can
be readily removed.
C. Provide containers that comply with the color, signage, and labeling requirements
specified in Section 18984.7 of Title 14 of the CCR and this Chapter.
D. Provide each of its customers with one or more containers for each type of discarded
materials for which the customer has subscribed to be collected separately by
franchisee. Franchisees may provide split bins to collect up to two (2) types of
discarded materials.
E. Clearly label each container with the franchisee's name and phone number.
8.20.300. Unauthorized Use of Container.
A. No person other than the franchisees who provides collection services at the
premises, or the owner of the container or such owner's agent or employee or the
person upon whose premises such container is located, shall remove any material
from any container.
B. No person other than the owner or occupant of the premises where a container is
located, or the franchisees who provides collection services at the premises where the
container is located, shall handle a container. Any solid waste customer who damages
or destroys a container shall be charged a replacement fee. A solid waste customer
shall not be charged a replacement fee if the container is damaged or destroyed due
to ordinary wear and tear.
C. No person shall intentionally tamper with, injure, destroy or remove any container or
other equipment used for the storage of solid waste, recyclable materials or organic
waste. No person shall throw containers from any vehicle to the ground, or in any
other manner break, damage, or roughly handle containers.
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8.20.310. Containers for Garbage, Organics, Market Refuse, and Rendering Waste.
Any container to be placed for collection containing solid waste, organic waste, market
refuse, recyclable materials or rendering waste shall have a tightly fitting cover, which
cover shall be used at all times.
8.20.320. Containers at Residential Premises.
A. Every person occupying or in possession of any residential premises in the City
shall provide or be provided with sufficient containers to accommodate the amount
of solid waste, recyclable materials and/or organic waste generated by the
premises. Residents can subscribe to the appropriate service level by choosing
the cart size and number of containers. The containers shall be constructed of hard
rubber or rigid plastic, and shall be constructed so as not to permit the contents to
sift or pass through any opening other than the top.
B. Containers suitable for automated collection are available in 35-, 64-and 96-gallon
capacities.
C. Containers suitable for manual collection must be able to be emptied into an
automated collection cart or into front- or rear-end loader vehicles, shall have a
capacity of not more than 45 gallons, and shall weigh not more than 60 pounds
when placed for collection.
D. Other types of containers are allowed to be used for the following City-approved
special events on residential premises: the twice-yearly excess trash collection
events; the twice-yearly brush clearing events; and during specified weeks within
the winter holiday season.
E. Any green container waste that cannot be placed in a container may be placed for
collection at the same place and time as the container, if they are securely tied in
bundles that are not heavier than 50 pounds, not more than four feet in length, and
not more than 18 inches in diameter.
F. Curbside Service.
1. In the case of residential premises that receive curbside service, each container
(including bundles) shall be kept on the premises from which it is to be collected
except on the day designated for collection. On the appropriate day, the
containers shall be placed for collection on the curb in front of the premises or
on the curb at the side of the premises where the premises are adjacent to
more than one street. When the premises are adjacent to a paved alley of
sufficient width to allow easy passage of collection vehicles, the containers
shall be placed within two feet of the rear property line of the premises and
must be readily accessible for collection from the alley. The franchisee and
residential customer may agree, for an additional fee, or the administrator may
require, under unique circumstances, that collection be made from another
location on the premises.
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2. No residential customer who receives curbside refuse removal service shall
place or permit to be placed any solid waste, recyclable materials, organic
waste and/or any container therefor at the place of collection at the residential
premises before 4:00 p.m. of the day preceding the scheduled collection or
leave any such Container at the place of collection after 10:00 p.m. on the day
of collection.
8.20.330. Cardboard Boxes or Paper Bags.
No cardboard box or paper bag shall be used as a disposal pick-up container for solid
waste, recyclable materials or organic waste.
ARTICLE IV. SOLID WASTE, RECYCLABLE MATERIAL, AND ORGANIC WASTE
GENERATORS
8.20.340. Requirements for Single Family Waste Generators.
A. Single-family generators shall subscribe to a three (3) container collection service
that includes a blue container, green container, and gray container, and shall be
solely responsible to the franchisee for the payment of the fees set forth in any
such collection agreement the City has entered into with a franchisee for collection
service. The City shall not be responsible for payment of any such fees to any
111 franchise. Generators shall comply with the following requirements except single-
family generators that meet the self-hauler requirements in Section 8.20.370.
B. Single-family generators shall participate in the City's collection service(s) by
placing designated materials in designated containers as described below, and
shall not place prohibited container contaminants in collection containers.
1 . Generator shall place organic materials, including food waste, in the green
container; source separated recyclable materials in the blue container; and
solid waste in the gray container. Generators shall not place materials
designated for the gray container into the green container or blue container,
nor materials designated for the green or blue containers into the gray
container.
2. No person shall interfere in any manner with any green, blue, or gray
container or the contents thereof, or remove any blue, green, or gray
container or the contents thereof from the location where the same was
placed by the owner or occupant of the premises for collection.
8.20.350. Requirements for Commercial Waste Generators.
Every person owning, occupying or operating a commercial premises (including multi-
family) in the City, except commercial businesses that meet the self-hauler requirements
111 in Section 8.20.370, or that have been granted a waiver by the City pursuant to Section
8.20.380, shall:
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A. Subscribe and pay for solid waste collection services of the franchisee, and the
franchisee shall collect all solid waste, recyclable materials and organic waste
placed in the appropriate containers and in the correct location in accordance with
the terms of the collection agreement for such services.
B. Participate in the franchisee organic waste collection service by placing designated
materials in designated containers. Commercial waste generators shall place
organic waste in the green container; source separated recyclable materials in the
blue container; and gray container waste in the gray container. Commercial waste
generators shall not place materials designated for the gray container into the
green container or into the blue container, and shall not otherwise place prohibited
container contaminants in any container.
C. Ensure that their employees and independent contractors are informed and
educated about all recycling services available at the site. Information concerning
the types of recyclable materials and organic waste that can be segregated and
recycled, the location of containers for recyclable materials and organic waste, and
the employees' responsibility to recycle recyclable materials and organic waste
shall be distributed to all new employees when hired, to all independent contractors
when retained and periodically to all other employees and independent
contractors. All employees and independent contractors shall also be given
appropriate information and instructions concerning any change in recycling
services to the commercial premises.
D. Allow access to an adequate number, size and location of authorized franchisee's
containers with sufficient labels or colors for employees, contractors, tenants, and
customers, consistent with the authorized franchisee's blue container, green
container, and gray container collection service or, if self-hauling, allow access to
containers per the commercial businesses' collection practices to support its
compliance with its self-haul program, in accordance with Section 8.20.370.
E. Provide waste generator-owned containers for the collection of source separated
green container organic waste and source separated recyclable materials in all
indoor and outdoor areas where internal containers are provided for use by
customers to discard materials generated by that business. Such containers do
not need to be provided in restrooms. If a commercial business does not generate
any of the materials that would be collected in one type of container, then the
business does not have to provide that particular container in all areas where
disposal containers are provided for customers. Multi-family premises and full-
service restaurants are exempt from this particular requirement. 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 authorized hauler, with either lids or bodies
conforming to the color requirements or both lids and bodies conforming to
color requirements.
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
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the primary materials accepted and primary materials prohibited in the
container.
F. Prohibit employees from placing prohibited container contaminants in any
container to the extent practical through education, training, inspection, and/or
other measures. Multi-family premises are exempt from this particular requirement.
G. Inspect blue containers, green containers, and gray containers every month for
container contamination and inform employees if contaminated containers are
discovered and of the requirements to keep prohibited container contaminants out
of those containers. Multi-family premises are exempt from this particular
requirement.
H. Provide information to employees, contractors, tenants, and customers each year
about organic waste recovery requirements set forth in this Chapter and about
proper sorting of source separated green container organic waste and source
separated recyclable materials.
I. Provide education information prior to or within fourteen (14) days of occupation of
the premises by new tenants that describes requirements to keep source
separated green container organic waste and source separated recyclable
materials separate from gray container waste (when applicable) and the location
of containers and the rules governing their use at the premises.
111 J. Provide or arrange access for the City or its agent to the premises during all
Inspections conducted in accordance with Section 8.20.450 to confirm compliance
with the requirements of this Chapter.
K. Customers shall have only one franchisee to provide all three (3) collection
services.
Nothing in this Section prohibits an owner or occupant of commercial premises or a
commercial business from preventing or reducing waste generation, managing organic
waste on site, or using a community composting site.
8.20.360. Automatic Enrollment of Recycling Services.
Unless the customer has been granted a waiver by the City from the requirements of this
Section, the franchisee shall,, upon request of the administrator, automatically arrange for
the collection of recyclable materials and/or organic waste at premises owned, occupied
or operated by any person violating any of the provisions of this Section. These services
shall be paid for by the person owning, occupying or operating such premises.
At least thirty (30) days prior to submitting such request to the franchisee, the
administrator shall provide adequate written notice to the person owning, occupying or
operating the premises in violation of this Section informing such person of the violation,
the actions necessary to correct the violation, and the fact that the services will be
automatically provided at their expense if they do not correct the violation within such
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thirty (30) days. A copy of the notice shall be provided to the franchisee at the same time
so that the franchisee is prepared to automatically provide the services if necessary.
Following such thirty (30) day period, the administrator shall notify the franchisee if
compliance has not been made, and the contractor shall thereafter, within five (5)
business days, deliver to such premises receptacles to be used for the accumulation,
segregation and collection of recyclable materials and/or organic waste generated from
or at the premises, add such services to the account for such premises, and notify the
person owning, occupying or operating such premises that they shall be responsible for
the cost of collection services.
8.20.370. Self-hauler Requirements.
A. Self-haulers shall source separate all recyclable materials and organic waste
generated on-site from solid waste in a manner consistent with Section 8.20.340 for
single-family waste generators, and Section 8.20.350 for commercial businesses or
shall haul organic waste to a high diversion organic waste processing facility.
B. Self-haulers shall haul their source separated recyclable materials to a facility that
recovers those materials; and haul their organic materials to a solid waste facility,
operation, activity, or property that processes or recovers source separated organic
waste.
C. Self-haulers that are commercial businesses shall keep a record of the amount of
refuse, recyclable materials, and organic waste delivered to each solid waste facility,
operation, activity, or property that processes or recovers these 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 materials.
2. The amount of material in cubic yards or tons transported to each entity.
3. If the material is transported to an entity that does not have scales on-site,
or employs scales incapable of weighing the self-hauler's vehicle in a
manner that allows it to determine the weight of materials received, the self-
hauler is not required to record the weight of material but shall keep a record
of the number of loads, and the entities that received organic waste.
D. Self-haulers that are commercial businesses shall provide information collected in
Section 8.20.370 (C) to the City upon request.
8.20.380. Waiver for Commercial Waste Generators.
A. De Minimis Waivers: The City may waive a commercial business' obligation to
comply with some or all of the organic waste requirements of this Chapter if the
commercial business provides documentation that the business generates below a
certain amount of organic Waste as described in Section8.20.380 (A)(2) below.
Commercial businesses requesting a de minimis waiver shall:
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1. Submit an application specifying the services that they are requesting a waiver
from and provide documentation as noted in Subsection 2 below.
2. Provide documentation that either:
i. The total solid waste collection service from the commercial business is two
(2) cubic yards or more per week and organic waste subject to collection in
a blue container or green container comprises fewer than twenty (20)
gallons per week per applicable container; or,
ii. The total solid waste collection from the commercial business is fewer than
two (2) cubic yards per week and organic waste subject to collection in a
blue container or green container comprises fewer than ten (10) gallons
per week per applicable container.
3. Notify the City if circumstances change such that commercial business's
organic waste exceeds threshold set forth in Subsection (2) above, in which
case the waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five (5)
years, if the City has approved a de minimis waiver.
B. Physical space waivers: The City may waive a commercial business' (including
multi-family dwellings') obligation to comply with some or all of the recyclable
materials and/or organic waste collection service requirements of this Chapter if the
commercial business or property owner provides evidence to the City from an
authorized 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 waste collection requirements of this
Chapter. 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 physical space waiver.
2. Provide documentation and evidence that the premises lacks adequate space
for blue containers and/or green containers including documentation from its
hauler, licensed architect, or licensed engineer.
3. Provide written verification and evidence to the City or their designee that it is
still eligible for physical space waiver everyfive (5) years, if the City has
approved a physical space waiver.
C. Review and approval of waivers by the City: Only the City administrator or designee
(and not the franchisee) may grant or approve de minimis waivers, physical space
waivers, or collection frequency waivers.
8.20.390. Compliance with CALGreen Recycling Requirements
A. Persons applying for a permit from the City for new construction, building additions
and alterations shall comply with the requirements of this Section and all required
components of the CALGreen (California Green Building Standards Code, 24
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CCR, Part 11), as amended, if its project is covered by the scope of CALGreen. If
the requirements of CALGreen are more stringent then the requirements of this
Section, the CALGreen requirements shall apply.
Project,applicants shall refer to the City's building and construction code Title 15.
B. For projects covered by CALGreen, the applicants must, as a condition of the City's
permit approval, comply with the following:
1. Where five (5) or more multi-family dwelling units are constructed on a building
site, provide readily accessible areas that serve occupants of all buildings on
the site and are identified for the storage and collection of blue container and
green container materials, consistent with the three (3) container collection
program offered by the City, or comply with provision of adequate space for
recycling for multi-family and commercial premises pursuant to Sections
4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building
Standards Code, 24 CCR, Part 11 as amended provided amended
requirements are more stringent than the CALGreen requirements for
adequate recycling space effective January 1, 2020.
2. New commercial construction or additions resulting in more than thirty (30)
percent of the floor area shall provide readily accessible areas identified for the
storage and collection of blue container and green container materials,
consistent with the three (3) container collection program offered by the City,
or shall comply with provision of adequate space for recycling for multi-family
and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and
5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as
amended provided amended requirements are more stringent than the
CALGreen requirements for adequate recycling space effective January 1,
2020
3. Comply with CALGreen requirements and applicable law related to
management of C&D debris, including diversion of organic waste in C&D debris
from disposal. Comply with all written and published policies and/or
administrative guidelines regarding the collection, recycling, diversion, tracking,
and/or reporting of C&D debris.
8.20.400. Model Water Efficient Landscaping Requirements (MWELO) — (See RPVMC
15.34.040).
Property owners or their building or landscape designers, including anyone requiring a
building or planning permit, plan check, or landscape design review from the City, who
are constructing a new (single-family, multi-family, public, institutional, or commercial)
project with a landscape area greater than 500 square feet, or rehabilitating an existing
landscape with a total landscape area greater than 2,500 square feet, shall comply with
Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to
use of compost and mulch as delineated in this Section.
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A. The following compost and mulch use requirements that are part of the MWELO
are now also included as requirements of this Chapter. Other requirements of the
MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
B. Property owners or their building or landscape designers that meet the threshold
for MWELO compliance outlined in Section 8.20.400 (A) above shall:
a. Comply with Sections 492.6 (a)(3)(B)(C), (D) and (G) of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation,
mulch, and amendments section to include the following:
i. For landscape installations, compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be
incorporated to a depth of six (6) inches into the soil. Soils with
greater than six percent (6%) organic matter in the top six (6) inches
of soil are exempt from adding Compost and tilling.
ii. For landscape installations, a minimum three- (3) inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent (5%) of the
landscape area may be left without mulch. Designated insect habitat
must be included in the landscape design plan as such.
iii. Organic mulch materials made from recycled or post-consumer
materials shall take precedence over inorganic materials or virgin
forest products unless the recycled post-consumer organic products
are not locally available. Organic mulches are not required where
prohibited by local fuel modification plan guidelines or other
applicable local ordinances.
b. The MWELO compliance items listed in this Section are not an inclusive list
of MWELO requirements; therefore, property owners or their building or
landscape designers that meet the threshold for MWELO compliance
outlined in Section 8.20.400(A) shall consult the full MWELO for all
requirements.
C. If, after the adoption of this Chapter, the California Department of Water
Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7,
Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015
requirements in a manner that requires jurisdictions to incorporate the
requirements of an updated MWELO in a local ordinance, and the amended
requirements include provisions more stringent than those required in this Section,
the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
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ARTICLE V EDIBLE FOOD RECOVERY
8.20.410. Requirements for Commercial Edible Food Generators. III
A. Tier one commercial edible food generators must comply with the requirements of
this Section commencing April 15, 2022, and tier two commercial edible food
generators must comply commencing January 1, 2024.
B. Large venue or large event operators not providing food services, but allowing for
food to be provided by others, shall require food facilities operating at the large
venue or large event to comply with the requirements of this Section, commencing
January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
2. Contract with, or enter into a written agreement with food recovery
organizations or food recovery services for: (i) the collection of edible food for
food recovery; or, (ii) acceptance of the edible food that the commercial edible
food generator self-hauls to the food recovery organization for food recovery.
3. Preserve edible food for recovery, and 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 administrator or designated third party enforcement entity to
access the premises and review records related to edible food recovery.
5. Keep records that include the following information:
i. A list of each food recovery service or food recovery organization that
collects or receives its edible food pursuant to a contract or written
agreement.
ii. Copies of all contracts or agreements with food recovery organizations or
food recovery services.
6. 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.
III
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D. Nothing in this Chapter shall be construed to limit or conflict with the protections
111 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.
8.20.420. 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, shall maintain the
following records:
1 . The name, address, and contact information for each commercial edible food
generator from which the food recovery service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible
food generator per month.
3. The quantity in pounds of edible food transported to each food recovery
organization per month.
4. The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food for food
recovery.
B. Food recovery organizations collecting or receiving edible food directly from
commercial edible food generators via a contract or written agreement, shall
maintain the following records:
1 . The name, address, and contact information for each commercial edible food
generator from which the food recovery organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible
food generator per month.
3. The name, address, and contact information for each food recovery service that
the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary
address physically located in the City and contract with or have written agreements
with one or more commercial edible food generators shall report to the City the
total pounds of edible food recovered in the previous calendar year from the tier
one and tier two commercial edible food generators.
Food recovery service or food recovery organization contacted by the City shall respond
to such request for information regarding existing, or proposed new or expanded, food
recovery capacity within sixty (60) days, unless a shorter timeframe is otherwise specified
by the City.
8.20.430. Requirements for Authorized Collection Haulers and Facility Operators.
A. Requirements for Authorized Collection haulers.
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Franchisees providing solid waste, recyclable material and/or organic waste collection
services to customers within the City's boundaries shall meet the following requirements
and standards as a condition of approval of a collection agreement, contract, or other
authorization with the City:
1. The City reserves the right to designate disposal facilities and material recovery
facilities to which the solid waste, recyclable materials or organic waste
collected in the City shall be delivered.
2. Franchisees shall transport all solid waste, recyclable materials or organic
waste that is collected in the City to a fully permitted transfer station, materials
recovery facility, or disposal site that is lawfully permitted to accept and recover
applicable materials.
3. Notify the City in writing each year to identify the facilities to which they will
transport all solid waste, recyclable materials or organic waste.
B. Requirements for Facility Operators and Community Composting Operations
1. Owners of facilities, operations, and activities that recover organic waste,
including, but not limited to, composting facilities, in-vessel digestion facilities,
and publicly-owned treatment works, shall, within sixty (60) days of request by
the City, provide information regarding availability and potential new or
expanded capacity at their facilities, operations, and activities, including
information about throughput and permitted capacity necessary for planning
purposes.
2. Community composting operators shall, within sixty (60) days of request by the
City, provide information to the City to support organic waste capacity planning,
including, but not limited to, an estimate of the amount of organic waste
anticipated to be handled at the community composting operation.
ARTICLE VI PROCUREMENT
8.20:440. Procurement Requirements.
A. Any person that provides services directly to the City for landscaping maintenance,
renovation, and construction shall:
1. Use compost and mulch, as practicable, produced from recovered organic waste,
for all landscaping renovations, construction, or maintenance performed for the
City, whenever available, and capable of meeting quality standards.
2. Keep and provide to the City records of procurement of recovered organic waste
products (either through purchase or acquisition), upon completion of projects.
Information to be provided shall include:
IIi. General description of how and where the product was used;
II
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ii. Source of product, including name, physical location, and contact
information for each entity, operation, or facility from whom the recovered
organic waste products were procured;
iii. Type of product;
iv. Quantity of each product; and,
v. Invoice or other record demonstrating purchase or procurement.
B. All vendors providing paper products and printing and writing paper to the City shall:
1. If fitness and quality are equal, provide recycled-content paper products and
recycled-content printing and writing paper that consists of at least 30 percent,
by fiber weight, postconsumer fiber instead of non-recycled products whenever
recycled paper products and printing and writing paper are available at the same
or lesser total cost than non-recycled items or at a total cost of no more than 10%
of the total cost for non-recycled items.
2. Certify in writing, the minimum percentage of postconsumer material in the paper
products and printing and writing paper offered or sold to the City. This
certification requirement may be waived if the percentage of postconsumer
material in the paper products, printing and writing paper, or both can be verified
by a product label, catalog, invoice, or a manufacturer or vendor internet website.
3. Certify in writing, on invoices or receipts provided, that the paper products and
111 printing and writing paper offered or sold to the City is eligible to be labeled with
an unqualified recyclable label as defined in 16 Code of Federal Regulations
(CFR) Section 260.12 (2013).
4. Provide records to the City's recovered organic waste product procurement
recordkeeping staff, in accordance with the City's recycled-content paper
procurement policy(ies) of all paper products and printing and writing paper
purchases within thirty (30) days of the purchase (both recycled-content and non-
recycled content, if any is purchased) made by any division or department or
employee of the City. Records shall include a copy (electronic or paper) of the
invoice or other documentation of purchase, written certifications as required in
Section 8.20.440 (B)(2) and Section 8.20.440 (B)(3) for recycled-content
purchases, purchaser name, quantity purchased, date purchased, and recycled
content (including products that contain none), and if non-recycled content paper
products or printing and writing papers are provided, include a description of why
recycled-content paper products or printing and writing papers were not
provided.
ARTICLE VII ENFORCEMENT
8.20.450. Inspections and Investigations by City.
A. City representatives and/or their designated entity(ies) are authorized to conduct
inspections and investigations, at random or otherwise, of any collection container
(placed out on curb during collection day), collection vehicle loads, or transfer,
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processing, or disposal facility for materials collected from generators, or source
separated materials to confirm compliance with this Chapter by organic waste
generators, commercial businesses, property owners, commercial edible food
generators, haulers, self-haulers, food recovery services, and food recovery
organizations, subject to applicable laws.
B. Generators, commercial businesses (including multi-family dwellings), property
owners, commercial edible food generators, self-haulers, food recovery services,
and food recovery operations shall provide or arrange for access during all
inspections (with the exception of residential property interiors) and shall cooperate
with the City's representative(s) or designated entity(ies) during such inspections
and investigations. Such inspections and investigations may include confirmation of
proper placement of materials in containers, edible food recovery activities, records,
or any other requirement of this Chapter described herein. Failure to provide or
arrange for: (i) access to an entity' s premises; or (ii) access to records for any
Inspection or investigation is a violation of this Chapter and may result in penalties
described.
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/ personnel and/ or designee are authorized to conduct any
Inspections or other investigations of generators, commercial businesses (including
multi-family residential dwellings), property owners, commercial edible food
generators, self-haulers, food recovery services, and food recovery organizations as
reasonably necessary to further the goals of this Chapter, subject to applicable laws.
E. Any person may submit to the City a written complaint, which may be anonymous,
regarding an entity that may be potentially non-compliant with SB 1383 Regulations.
8.20.460. Violations- Penalty.
A. Violations of any provisions of this Chapter shall constitute grounds for issuance of a
Notice of Violation and assessment of a fine by the city manager or their designee.
Enforcement actions under this Chapter include, but not limited to, issuance of an
administrative citation and assessment of a fine. In addition to the procedures in this
Section, the City may enforce this Chapter consistent with the procedures in Rancho
Palos Verdes Municipal Code in Chapters 1.08 (General Penalty) and 1.16
(Administrative Penalties).
The penalty levels shall be as follows:
1. For a first violation, the amount of the base penalty shall be $50 per violation.
2. For a second violation, the amount of the base penalty shall be $100 per
violation.
3. For a third or subsequent violation, the amount of the base penalty shall be
$250 per violation.
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Other remedies allowed by law may be used for enforcement, including but not limited to
III civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions
in the California courts to seek recovery of unpaid administrative citations. The City may
choose to delay court action until such time as a sufficiently large number of violations,
or cumulative size of violations exist such that court action is a reasonable use of City
staff and resources.
8.20.470. Effective Date.
This Chapter shall be effective commencing on April 15, 2022.
Section 5. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of any 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 passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
Section 6. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
111 Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
Section 7. Effective Date. This Ordinance shall go into effect on the 31st day after
its passage.
PASSED, APPROVED AND ADOPTED this 15th day of March 2022.
rj ,
i,,,,„,, _......
• . Bradley, Mayor
Attest:
Teresa Takaoka, City Clerk
01203.0014/7708261 Ordinance No 658
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 658 passed first reading on March 1, 2022, was duly adopted
by the City Council of said City at a regular meeting thereof held on March 15, 2022, and
that the same was passed and adopted by the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Ferraro and Mayor Bradley
NOES: None
ABSENT: None
ABSTAIN: None
411,
Tere akaoka, City lerk
111
G
01203.0014/770826.1 Ordinance No. 658
Page 38 of 38
a st
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040
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS.ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on March 17, 2022, she caused to be posted the following document
entitled: ORDINANCE NO. 658, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 8.20 (SOLID WASTE COLLECTION AND
DISPOSAL)OF TITLE 8(HEALTH AND SAFETY)OF THE RANCHO
PALOS VERDES MUNICIPAL CODE RELATING TO SOLID WASTE
HANDLING, ORGANIC WASTE DISPOSAL REDUCTION, AND
EDIBLE FOOD RECOVERY, a copy of which is attached hereto, in the
following locations:
City Hall Abalone Cove Shoreline Park
30940 Hawthorne Blvd. 5970 Palos Verdes Drive South
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
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