Ordinance No. 1190 20
ORDINANCE NO. 1190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, REPEALING AND REPLACING CHAPTER
12 (SOLID WASTE MANAGEMENT) AND AMENDING CHAPTER
21A (PURCHASING SYSTEM) OF THE CYPRESS MUNICIPAL
CODE IN ORDER TO ENACT REGULATIONS IN COMPLIANCE
WITH SENATE BILL (SB) 1383 FOR THE IMPLEMENTATION OF
FOOD RECOVERY AND ORGANICS RECYCLING
A. Assembly Bill 939 of 1989, the California Integrated Waste Management Act
of 1989, requires cities to reduce, reuse, and recycle (including composting) solid waste
generated in their jurisdictions to the maximum extent feasible before any incineration or
landfill disposal of waste, to conserve water, energy, and other natural resources, and to
protect the environment.
B. Assembly Bill 341 of 2011 places requirements on businesses and multi-family
property owners that generate a specified threshold amount of solid waste to arrange for
recycling services and requires the City to implement a mandatory commercial recycling
program.
C. Assembly Bill 1826 of 2014 requires businesses and multi-family property
owners that generate a specified threshold amount of solid waste, recycling, and organic
waste per week to arrange for recycling services for that waste, requires the City to
implement a recycling program to divert organic waste from businesses subject to the law,
and requires the City to implement a mandatory commercial organics recycling program.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, 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, residential households, commercial businesses and
business owners, commercial edible food generators, haulers, self-haulers, food recovery
organizations, and food recovery services to support achievement of statewide organic
waste disposal reduction targets.
E. 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.
F. This Ordinance implements the requirements of AB 341, AB 1826, and the
SB 1383 Regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals in this Ordinance are true and correct
and incorporated by reference.
SECTION 2. The Ordinance is consistent with the City's General Plan, Municipal
Code, and applicable Federal and State law.
SECTION 3. The City Council finds that this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections
15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced
solid waste regulations, as provided for in this Ordinance, will not have a significant effect
on the environment and that the new requirements, which strengthen requirements for the
handling of solid waste, represent actions by a regulatory agency(the City)for the protection
of the environment.
SECTION 4. Section 21A-3 (Definition of terms) of the Cypress Municipal Code is
hereby amended to read as follows (added language in bold underline):
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Sec. 21A-20. Definition of terms.
The following terms, whenever used in this chapter, shall be construed as follows:
Function or using agency shall mean any department, agency, or other unit of city
government which derives its support wholly or in part from the city.
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).
Printing and writing paper includes, but is not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing tablets,
newsprint, and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined in 14
CCR section 18982(a)(54).
Purchasing officer shall mean the official designated by the city manager for
enforcement of this chapter.
Recycled-content paper means paper products and printing and writing paper
that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as
otherwise defined in 14 CCR section 18982(a)(61).
Services shall mean any and all services including, but not limited to, equipment
service contracts. The term does not include services rendered by city officers or
employees, nor professional or other contractual services for which the procedure for
procurement is specifically provided by law or the purchasing rules and regulations.
Supplies and equipment shall mean any and all articles, things, or personal property
furnished to or used by any city function.
SECTION 5. Section 21A-20 is hereby added to the Cypress Municipal Code and
shall read in its entirety as follows:
Sec. 21A-20. Purchase of recovered organic waste products and recycled-
content paper.
(a) City departments, and direct service providers to the City, as applicable, shall
comply with the City's procurement policy regarding recovered organic waste
products and recycled-content paper procurement, as adopted by the city council.
(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 instead
of non-recycled products whenever recycled-content paper is available at the
same or lesser total cost than non-recycled products.
(2) Provide paper products and printing and writing paper that meet
Federal Trade Commission recyclability standards as defined in 16 Code of
Federal Regulations (CFR) Section 260.12, as published January 1, 2013.
(3) Certify in writing, under penalty of perjury, 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.
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(4) Certify in writing, on invoices or receipts provided, that the paper
products and 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, as published January 1, 2013.
(5) Provide records to the City, in accordance with the City's procurement
policy, 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
subsections (b)(3) and (b)(4) of this section 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 was not provided.
SECTION 6. Chapter 12 of the Municipal Code is hereby repealed in its entirety and
replaced with a new Chapter 12, which is shown in Exhibit A, attached hereto and
incorporated herein.
SECTION 7. If the provisions in this Ordinance conflict in whole or in part with any
other City regulation or ordinance adopted prior to the effective date of this section, the
provisions in this Ordinance will control.
SECTION 8. If any subsection, subdivision, paragraph, sentence, clause or phrase
of this Ordinance or any part thereof is for any reason held to be unconstitutional or otherwise
unenforceable, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declare that they would have passed
each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective
of the fact that any one or more subsection, subdivision, paragraph, sentence, clause, or
phrase be declared unconstitutional or otherwise unenforceable.
SECTION 9. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published in the manner required by law. This
Ordinance shall become effective thirty days from and after its passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 27th day of September, 2021.
M° o - OF THE CITY OF CYPRESS
ATTEST:
CIT LERK OF HE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on
the 27th day of September, 2021, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
C Y CLERK F THE CITY OF CYPRESS
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EXHIBIT A
CHAPTER 12
SOLID WASTE MANAGEMENT
ARTICLE I. DEFINITIONS
Sec. 12-1. Definitions.
For the purposes of this chapter, the following words and phrases, when capitalized, shall
have the meanings set forth in this section 12-1. Words and phrases not defined in this
section 12-1 are to be interpreted as they may be defined under: (i) California Public
Resources Code sections 40105 through 40201; (ii) the regulations of the California
Integrated Waste Management Board; (iii) the Federal Resource Conservation and
Recovery Act (RCRA), 42 U.S.C. section 6901 et seq., and its implementing regulations;
and/or(iv) State Organics Laws.
Blue Container has the same meaning as in 14 CCR section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of Source-Separated
Recyclable Materials or Source-Separated Blue Container Organic Waste.
Bulky Waste means an item too large to fit in the Container on the premises,
including but not limited to large household appliances, furniture, carpets,
mattresses, televisions or other large electronic equipment, tires, or Green Waste
larger than four(4) inches in diameter or four(4)feet in length, such as tree stumps,
trunks or branches.
California Green Building Standards Code means the California Green Building
Standards Code adopted by reference in section 5-1 and modified by section 5-2
of the Cypress Municipal Code.
City shall mean the City of Cypress within its jurisdictional boundaries.
Commercial means non-residential and includes a multifamily dwelling with five or
more units.
Commercial Business means a firm, partnership, proprietorship, joint-stock
company, corporation, or association, whether for-profit or nonprofit, owning,
managing, or operating a Commercial facility.
Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial
Edible Food Generator. For the purposes of this definition, Food Recovery
Organizations and Food Recovery Services are not Commercial Edible Food
Generators.
Community Composting means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and Compost on-site at any one
time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR
section 17855(a)(4); or, as otherwise defined by 14 CCR section 18982(a)(8).
Compliance Review means a review of records by the City to determine
compliance with this chapter.
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; or as otherwise defined in
14 CCR section 17896.2(a)(4).
Construction means the building or enlargement of any Structure, or any portion
thereof, and includes without limitation alterations or improvements to an existing
Structure.
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Construction and Demolition Debris means Solid Waste material resulting from
building, Construction, alteration, repair or Demolition, including brick, stone,
cement, lumber, plaster, and drywall; packaging; rubble resulting from
Construction, remodeling, repair and Demolition operations on pavements,
Residential and Commercial buildings and other Structures.
Container means a bin or can approved and provided by a City-approved waste
collector for accumulation and collection of Solid Waste or Source-Separated
Recyclable Materials.
Container Contamination means a Container, regardless of color, that contains
Prohibited Container Contaminants; or as otherwise defined in 14 CCR section
18982(a)(55).
Covered Project means any proposal for a new or changed use, or for Construction
or Demolition of any Structure, residential or non-residential, that requires a
building or demolition permit from the City and is subject to the requirements of the
California Green Building Standards Code (CalGreen).
Deconstruct means to carefully and systematically dismantle a Structure in order
to salvage materials for Diversion.
Demolition means the razing, tearing down or wrecking of any Structure, wall,
fence or Paving, whether in whole or in part, whether interior or exterior.
Director means the director of public works or his or her designee.
Diversion means activities which reduce or eliminate the amount of Solid Waste
deposited onto the land, into the atmosphere, or into the water.
Diversion Requirement means the Diversion of a minimum percentage of the total
Construction and Demolition Debris generated by a Project as specified in
Sections 4.408 et seq. and Sections 5.408 et seq. of the California Green Building
Standards Code, as may be amended.
Divert means to undertake Diversion.
Edible Food means food intended for human consumption, or as otherwise defined
in 14 CCR section 18982(a)(18). 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.
Excluded Waste means a hazardous substance, Hazardous Waste, infectious
waste, designated waste, volatile, corrosive, medical waste, infectious, regulated
radioactive waste, and toxic substances or material that facility operator(s), which
receive materials from the City and its Generators, reasonably believe(s) would,
as a result of or upon acceptance, transfer, processing, or disposal, be a violation
of local, state, or federal law, regulation, or ordinance, including: land use
restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or
accepted at the facility by permit conditions, waste that in the City's reasonable
opinion would present a significant risk to human health or the environment, cause
a nuisance or otherwise create or expose 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 multifamily Solid Waste after implementation of programs
for the safe collection, processing, Recycling, treatment, and disposal of batteries
and paint in compliance with Public Resources Code sections 41500 and 41802.
Food Distributor means a company that distributes food to entities including, but
not limited to, Supermarkets and Grocery Stores.
Food Facility has the same meaning as in Section 113789 of the Health and Safety
Code.
Food Recovery means actions to collect and distribute food for human
consumption which otherwise would be disposed.
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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 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.
Generator means and includes any owner, resident, tenant, property manager, or
occupant of, or other person or entity responsible for, any premises where Solid
Waste is produced, or any organizer of a temporary event where Solid Waste is
produced.
Gray Container has the same meaning as in 14 CCR section 18982.2(a)(28) and
shall be used for the purpose of storage and collection of Gray Container Waste
or Mixed Waste, depending on the type of the collection system.
Gray Container Waste means Solid Waste that is collected in a Gray Container
that is part of a three-Container Organic Waste collection service that prohibits the
placement of Organic Waste in the Gray Container as specified in 14 CCR sections
18984.1(a) and (b), or as otherwise defined in 14 CCR section 17402(a)(6.5).
Green Container has the same meaning as in 14 CCR section 18982.2(a)(29) and
shall be used for the purpose of storage and collection of Source Separated Green
Container Organic Waste.
Green Waste shall mean leaves, grass clippings, brush, branches and other forms
of Organic Waste generated from landscape and garden maintenance.
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 Waste shall mean any waste material or mixture defined as a
"Hazardous Waste" pursuant to California law under Public Resources Code
section 40141 or under Federal law under 42 U.S.C. section 6903 (RCRA), or
defined as a "hazardous substance" under 42 U.S.C. section 9601 (CERCLA), or
as a "hazardous material" under California Health and Safety Code section 25260,
as such statutes may be amended from time to time.
Health Facility has the same meaning as in Section 1250 of the Health and Safety
Code.
High Diversion Organic Waste Processing Facility means a facility that is in
compliance with the reporting requirements of 14 CCR section 18815.5(d) and
meets or exceeds an annual average Mixed Waste organic content recovery rate
of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent
after January 1, 2025, as calculated pursuant to 14 CCR section 18815.5(e) for
Organic Waste received from the "Mixed waste organic collection stream" as
defined in 14 CCR section 17402(a)(11.5).
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If the facility has an annual average Mixed Waste organic content recovery rate
that is lower than required in 14 CCR section 18982(a)(33)for two (2) consecutive
quarterly reporting periods or three (3) quarterly reporting periods within three (3)
years, the facility shall not qualify as a High Diversion Organic Waste Processing
Facility.
Hotel has the same meaning as in Section 17210 of the Business and Professions
Code.
Inspection means a site visit where the City reviews records, Containers, and an
entity's collection, handling, Recycling, or landfill disposal of Organic Waste or
Edible Food handling to determine if the entity is complying with requirements set
forth in this chapter.
Large Event means an event, including, but not limited to, a sporting event or a
flea market, that charges an admission price, or is operated by a local agency, and
serves an average of more than 2,000 individuals per day of operation of the event,
at a location that includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open space when
being used for an event.
Large Venue means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For the purposes of this chapter, a venue facility
includes, but is not limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or civic center,
zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground,
museum, theater, or other public attraction facility. For the purposes of this chapter,
a site under common ownership or control that includes more than one large venue
that is contiguous with other large venues in the site, is a single large venue.
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.
Materials Questionnaire means an application packet approved by the Director for
the purpose of reviewing compliance of a Project with Article VI of this chapter.
Mixed Waste means Organic Waste collected in a Container that is required by 14
CCR sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion
Organic Waste Processing Facility or as otherwise defined in 14 CCR section
17402(a)(11.5).
Non-Compostable Paper includes but is not limited to paper that is coated in a
plastic material that will not breakdown in the composting process, or as otherwise
defined in 14 CCR section 18982(a)(41).
Non-Organic Recyclables means non-putrescible and non-hazardous Recyclable
wastes including but not limited to bottles, cans, metals, plastics and glass, or as
otherwise defined in 14 CCR section 18982(a)(43).
Organic Waste means Solid Wastes containing material originated from living
organisms and their metabolic waste products including, but not limited to, food,
green material, landscape and pruning waste, organic textiles and carpets, lumber,
wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate,
and sludges or as otherwise defined in 14 CCR section 18982(a)(46). Biosolids
and digestate are as defined by 14 CCR section 18982(a).
Paper Products include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and
toweling, oras otherwise defined in 14 CCR section 18982(a)(51).
Paving means driveways, walkways, parking areas, streets and sidewalks.
Printing and Writing Paper includes, but is not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove
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envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars, brochures,
reports, magazines, and publications, or as otherwise defined in 14 CCR section
18982(a)(54).
Prohibited Container Contaminants means the following:
(1) Where a three-Container or three-plus-Container collection service
is utilized (Blue Container, Green Container, and Gray Containers),
Prohibited Container Contaminants means the following: (i) discarded
materials placed in the Blue Container that are not identified as acceptable
Source-Separated Recyclable Materials for the City's Blue Container; (ii)
discarded materials placed in the Green Container that are not identified as
acceptable Source-Separated Green Container Organic Waste for the
City's Green Container; (iii) discarded materials placed in the Gray
Container that are acceptable Source-Separated Recyclable Materials
and/or Source-Separated Green Container Organic Wastes to be placed in
City's Green Container and/or Blue Container; and, (iv) Excluded Waste
placed in any Container.
(2) Where a two-Container (green/gray) collection service for Source-
Separated Green Container Organic Waste and mixed materials is utilized,
Prohibited Container Contaminants means the following: (i) discarded
materials placed in a Green Container that are not identified as acceptable
Source-Separated Green Container Organic Waste for the City's Green
Container; (ii) discarded materials placed in the Gray Container that are
identified as acceptable Source-Separated Green Container Organic Waste,
which are to be separately collected in City's Green Container; and, (iii)
Excluded Waste placed in any Container.
(3) Where a two-Container (blue/gray) collection service for Source-
Separated Recyclable Materials and mixed materials is utilized, Prohibited
Container Contaminants means the following: (i)discarded materials placed
in a Blue Container that are not identified as acceptable Source-Separated
Recyclable Materials for City's Blue Container; (ii) discarded materials
placed in the Gray Container that are identified as acceptable Source-
Separated Recyclable Materials, which are to be separately collected in
City's Blue Container; and, (iii) Excluded Waste placed in any Container.
Recycle or 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.
Remote Monitoring means the use of the internet of things (loT) and/or wireless
electronic devices to visualize the contents of Containers for purposes of
identifying the quantity of materials in Containers (level of fill) and/or presence of
Prohibited Container Contaminants.
Residential refers to a single-family dwelling or a multifamily dwelling with four or
fewer units.
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.
Self-Haul means the hauling activity of a Self-Hauler.
Self-Hauler means a person or business that hauls Solid Waste, Organic Waste or
Source Separated Recyclable Materials he, she, or it has generated to another
person. Self-Hauler also includes a person or business that back-hauls waste, or
as otherwise defined in 14 CCR section 18982(a)(66). Back-haul means
generating and transporting Organic Waste or Source-Separated Recyclable
Materials to a destination owned and operated by the Generator using the
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Generator's own employees and equipment, or as otherwise defined in 14 CCR
section 18982(a)(66)(A).
Share Table has the same meaning as in Section 114079 of the Health and Safety
Code.
Solid Waste means all "Solid Waste" as defined under California Public Resources
Code section 40191, which defines Solid Waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, Demolition and Construction
wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not
Hazardous Waste, manure, vegetable or animal solid and semi-solid wastes, and
other discarded solid and semi-solid wastes, with the exception that Solid Waste
does not include any of the following wastes:
(1) Hazardous Waste.
(2) Radioactive waste regulated pursuant to the California Radiation
Control Law (Chapter 8 (commencing with section 114960) of Part 9 of
Division 104 of the Health and Safety Code).
(3) Medical waste regulated pursuant to the California Medical Waste
Management Act (Part 14 (commencing with section 117600) of Division
104 of the Health and Safety Code). Untreated medical waste shall not be
disposed of in a Solid Waste landfill, as defined in 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 Public
Resources Code.
Solid Waste Collector means either the agents and employees of the City
authorized to collect Solid Waste, or an independent person or business entity
granted a franchise by the City to collect, transport and/or dispose of Solid Waste
from premises within the City pursuant to this chapter. The term "Solid Waste
Collector" does not include Self-Haulers or Third-Party Haulers.
Source-Separate means to separate and keep separated materials, including
commingled Recyclable materials, from the Solid Waste stream, at the point of
generation, for the purpose of additional sorting or processing of those materials
for Recycling or reuse in order to return them to the economic mainstream in the
form of raw material for new, reused, or reconstituted products, which meet the
quality standards necessary to be used in the marketplace, or as otherwise defined
in 14 CCR section 17402.5(b)(4). For purposes of this chapter, Source-Separate
shall include separation of materials by the Generator, property owner, property
owner's employee, property manager, or property manager's employee into
different Containers for the purpose of collection such that Source-Separated
materials are separated from Gray Container Waste/Mixed Waste or other Solid
Waste for the purposes of collection and processing. Source-Separated materials
are those that have been Source-Separated.
Source-Separated Blue Container Organic Waste means Source-Separated
Organic Wastes that can be placed in a Blue Container that is limited to the
collection of those Organic Wastes and Non-Organic Recyclables as defined in
section 18982(a)(43), or as otherwise defined by section 17402(a)(18.7).
Source-Separated Green Container Organic Waste means Source-Separated
Organic Waste that can be placed in a Green Container that is specifically intended
for the separate collection of Organic Waste by the Generator, excluding Source-
Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and
textiles.
Source-Separated Recyclable Materials means Source-Separated Non-Organic
Recyclables and Source-Separated Blue Container Organic Waste.
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State Organics Laws means Senate Bill 1383, the Short-Lived Climate Pollutant
Reduction Act of 2016, and the regulations adopted pursuant thereto located in
Chapter 12 of Title 14 of the California Code of Regulations (commencing with
section 18981.1), including any amendments thereto.
Structure means anything constructed or erected that requires a location in the
ground, including a building or swimming pool, but not including a fence or wall
used as a fence, or driveways, or walkways.
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.
Third-Party Hauler means both (1) persons or businesses that buy or accept the
donation of Source-Separated Recyclable Materials from Generators at no cost to
the Generator, and (2) Solid Waste haulers providing hauling services that are not
exclusively reserved to the Solid Waste Collector(s) under the City's Solid Waste
franchise agreement(s).
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 250 or more seats or a total
cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency with an on-site Food Facility.
Unauthorized Container shall mean any cart, bin, can, dumpster or other container
utilized in the unlawful collection or transport of waste by a waste collector without
a franchise, contract, permit, or other written authorization from the City as required
by this chapter.
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.
ARTICLE II. RIGHTS AND RESPONSIBILITIES OF GENERATORS
Sec. 12-2. Generators' responsibility for solid waste management; alternatives.
(a) Required subscription. Unless a Generator obtains a waiver under section
12-5, all Generators shall subscribe to a Solid Waste collection service provided
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by a Solid Waste Collector for the collection, removal, and disposal of the Solid
Waste generated or accumulated on the Generator's premises and shall comply
with the terms and conditions of the provision of such services. The City shall have
the right to review the number, size, and location of a Generator's Containers and
frequency of collection to evaluate adequacy of the Solid Waste collection service
to which each Generator is subscribed. If the Director finds that the Generator's
level of service or frequency of service is insufficient to meet state requirements or
is creating a nuisance, the Generator shall adjust its level of service or frequency
of service to the level of service required by the Director following notice by the
City, or else shall be in violation of this chapter.
(b) Automatic enrollment. Generators that fail to subscribe to a level of
collection service for Non-Organic Recyclables and/or Organic Waste sufficient to
comply with state law and fail to obtain a waiver under section 12-5, shall be
automatically enrolled by the Solid Waste Collector in the minimum level of service
for Non-Organic Recyclables and/or Organic Waste sufficient to comply with state
law, as determined by the Director.
(c) Minimum collection schedule. The minimum collection schedule for Solid
Waste shall be no less than once a week.
(d) Other compliance options. Nothing in the chapter shall prohibit a Generator
from managing Non-Organic Recyclables and Organic Waste by any of the
following means:
(1) Selling or donating Non-Organic Recyclables or Organic Waste to
Third-Party Haulers, if:
(A) the Non-Organic Recyclables and Organic Waste are Source-
Separated from and not mixed with other Solid Waste;
(B) the Generator does not pay the Third-Party Hauler any
consideration for collecting, processing, or transporting such
materials;
(C) the Generator verifies that the Third-Party Hauler has a permit
under section 12-3 and informs the City of the identity of the Third-
Party Hauler upon request.
(2) Preventing or reducing waste generation, managing Organic Waste
on site, and/or using a Community Composting site.
Sec. 12-3. Self-hauling; third-party haulers; permits.
(a) Option to self-haul. Any person may Self-Haul Solid Waste for disposal
from such person's premises. A business may remove Solid Waste produced in
the course of conducting its business, if the business utilizes only its own
employees and equipment to remove the Solid Waste. Construction contractors,
subcontractors, building remodeling contractors and Demolition contractors may
Self-Haul Construction and Demolition Debris, if the contractor utilizes only its own
employees and equipment, but may not employ a subcontractor for the sole
purpose of Solid Waste removal. Persons performing gardening and landscape
maintenance services for hire may Self-Haul Solid Waste produced by such
services. Self-Haulers shall comply with all requirements of this section.
(b) Third-party haulers. Non-franchised haulers may(i) purchase or accept the
donation of Non-Organic Recyclables or Organic Waste as provided in section 12-
2(d)(1), or(ii) provide hauling services that are not exclusively reserved to the Solid
Waste Collector(s) under the City's Solid Waste franchise agreement(s). Third-
party haulers shall comply with all requirements of this section.
(c) Permit required. Self-Haulers and Third-Party Haulers are required to
obtain both a City business license and a City-issued hauling permit prior to
conducting any hauling activities in the City.
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(1) The Director is authorized to create a permit application and to
request any information from the applicant that is necessary to ensure
compliance with this chapter, the City's franchise agreement(s), and public
health and safety.
(2) Self-Haulers and Third-Party Haulers shall submit a complete
application and an application fee of either one hundred dollars or such
other application fee as may be established by city council resolution.
(3) Permit applications shall be granted or denied by the Director and
the Director's decision shall not be appealable.
(d) Additional requirements. Self-Haulers and Third-Party Haulers shall comply
will the following requirements:
(1) Source Separate all Non-Organic Recyclables and Organic Waste
from other Solid Waste in a manner consistent with the 14 CCR sections
18984.1 and 18984.2, or haul Organic Waste to a High Diversion Organic
Waste Processing Facility.
(2) Haul Source-Separated Recyclable Materials to a facility that
recovers those materials, and haul Source-Separated Green Container
Organic Waste to a Solid Waste facility, operation, activity, or property that
processes or recovers Source-Separated Organic Waste.
(3) Keep a record of the amount of Organic Waste delivered to each
Solid Waste facility, operation, activity, or property that processes or
recovers Organic Waste. This record shall be subject to inspection by the
City and shall be provided to the City upon request. The records shall
include the following information:
(A) Delivery receipts and weight tickets from the entity accepting
the waste.
(B) The amount of material in cubic yards or tons transported by
the Generator to each entity.
(C) If the material is transported to an entity that does not have
scales on-site, or employs scales incapable of weighing the Self-
Hauler's vehicle in a manner that allows it to determine the weight of
materials received, the Self-Hauler is not required to record the
weight of material but shall keep a record of the entities that received
the Organic Waste.
(4) A Residential Organic Waste Generator that Self-Hauls Organic
Waste is not required to record or report information in section 12-3(d)(3).
Sec. 12-4. Additional organic waste recycling requirements for businesses.
(a) General requirements. Beginning on January 1, 2022, all Commercial
Businesses shall:
(1) Annually provide information to employees, contractors, tenants, and
customers about Organic Waste recovery requirements and about proper
sorting of Organic Waste. This information shall be provided to new tenants
before or within 14 days of the tenant's occupation of the premises.
(2) Supply and allow access to adequate amounts, sizes, and locations
of Containers with sufficient labels or colors for employees, contractors,
tenants, and customers, consistent with the Organic Waste collection
service to which the Commercial Business subscribes or, if Self-Hauling,
consistent with its Self-Haul program.
(3) Provide or arrange access to their properties for City or its agents
during all Inspections conducted to confirm compliance with the
requirements of this chapter.
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(b) Additional requirements. Beginning on January 1, 2022, all Commercial
Businesses, except for multifamily dwellings, shall:
(1) Provide Containers for the collection of Organic Waste and Non-
Organic Recyclables in all areas where disposal Containers are provided
for customers, except for restrooms; however, if a business does not
generate any of the materials that would be collected in one of these
Containers, then the business does not have to provide that particular
Container in areas where disposal Containers are provided for customers.
The Containers provided by the business shall have either: (A) A body or
lid that conforms with the Container colors provided through the Organic
Waste collection service to which the Commercial Business subscribes; or
(B) Container labels that comply with the requirements of 14 CCR section
18984.8. Businesses are not required to replace functional Containers,
including Containers purchased prior to January 1, 2022, that do not comply
with the requirements of this chapter prior to the end of the useful life of
those Containers, or prior to January 1, 2036, whichever comes first.
(2) Prohibit their employees from placing Organic Waste in a Container
not designated to receive Organic Waste.
(3) Periodically inspect Organic Waste Containers for Container
Contamination and inform employees if Containers contain Prohibited
Container Contaminants and of the requirement to only use those
Containers for Organic Waste.
Sec. 12-5. Waivers.
(a) De minimis waivers. The City may waive a Commercial Business's
obligation to comply with some or all of the requirements of this chapter related to
Organic Waste if the Commercial Business provides documentation demonstrating
that:
(1) The Commercial Business's total Solid Waste collection service is
two cubic yards or more per week and Organic Waste comprises less than
20 gallons per week of the Commercial Business' total waste; or
(2) The Commercial Business's total Solid Waste collection service is
less than two cubic yards per week and Organic Waste comprises less than
10 gallons per week of the Commercial Business's total waste.
(b) Physical space waivers. The City may waive a Generator's obligation to
comply with some or all of the requirements of this chapter related to Organic
Waste if the Generator provides documentation, or the City has evidence from its
staff, a hauler, licensed architect, or licensed engineer, demonstrating that the
Generator's premises lacks adequate space for an Organic Waste Container that
complies with this chapter.
(c) Internal program or third-party waiver. The City may waive a Generator's
obligation to comply with some or all of the requirements of this chapter, including
the requirement to subscribe to a Solid Waste collection service, if the Generator
provides sufficient evidence to the City that the Generator is complying with the
requirements of this chapter through an internal waste diversion program, including
but not limited to a Self-Hauling program, and/or through the use of City-permitted
Third-Party Haulers. R
(d) Application; review; verification; rescission.
(1) The applicant for a waiver shall complete and submit a waiver
application on a form provided by the City and developed by the Director,
and shall pay an application fee as set by city council resolution. The
application shall include, but not be limited to, a statement of the waiver for
which the applicant is applying, all documentation and evidence of the
applicant's eligibility for the waiver, and the specific requirement(s) of which
the applicant is requesting a waiver.
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(2) Applications shall be reviewed by the Director, and waivers shall only
be granted if the Director is able to verify that the applicant is eligible for the
waiver. The Director may deny, fully grant, or partially grant the waiver, and
may impose conditions on the waiver. The Director's decision is final and
is not appealable.
(3) Waivers shall be valid for five years following approval, or a shorter
period of time as determined by the Director. At least ninety days prior to
expiration of the waiver, the applicant shall submit documentation to the City
demonstrating that the applicant is still eligible for the waiver. Upon
confirmation of eligibility, the Director may extend the waiver for additional
five-year terms.
(4) If the City obtains information at any time that a Generator no longer
qualifies for a previously granted waiver or is not complying with a condition
of approval of the waiver, then the City shall revoke the waiver. Prior to
revoking the waiver, the City shall give a written notice of intent to revoke to
the waiver holder, which shall include a statement that the waiver holder
may appeal the intent to revoke to the city manager within ten days of the
notice. A request for appeal shall include any evidence or documentation
supporting the appeal, as well as an appeal fee in an amount set by the city
council. If no appeal is requested, the revocation shall become final. If an
appeal is requested, the city manager or a designated hearing officer shall
set a hearing date to consider the revocation, which shall be no more than
30 days after the hearing is requested. The waiver holder may attend the
hearing and present evidence in favor of the appeal. The city manager's or
hearing officer's decision on the appeal shall be final. The waiver shall
remain valid during the ten-day notice period and, if an appeal is requested,
until the final determination on the hearing is made.
Sec. 12-6. Cleanup responsibility.
Until Solid Waste is picked up by the Solid Waste Collector, the Generator shall be
responsible for the immediate cleanup of any Solid Waste that is spilled, leaked, emptied,
discarded or disposed of into the environment or which has otherwise come to be located
outside of the Container. This cleanup responsibility applies as follows:
(a) Generators. Generators shall immediately undertake cleanup at the point in
time when a spill or release has occurred due to any circumstances, whether by
human or animal interference with the Container, wind or other natural forces, or
residual Solid Waste remaining following collection or removal by the Solid Waste
Collector.
(b) Transporters. Any person removing, collecting or transporting Solid Waste
shall undertake immediate cleanup at the point in time when a spill or release has
occurred due to the removal or transport of the Solid Waste.
(c) City cleanup expenses. Any and all costs and expenses incurred by the City
or on the City's behalf in investigating and cleaning a spill or a release of Solid
Waste not properly or timely cleaned under this section by the Generator or other
person transporting Solid Waste, may be assessed against such person(s),
including all administrative expenses and legal fees and costs incurred by the City
in investigating and cleaning the spill or release.
Sec. 12-7. Ownership of discarded solid waste.
Solid Waste placed in a Container, including all Recyclable materials, shall become the
property of the Solid Waste Collector at the time it is collected by the Solid Waste Collector.
The Generator of the Solid Waste shall have the right up to the point in time that the Solid
Waste Collector empties the Container to retrieve any item of Solid Waste discarded in
error.
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Sec. 12-8. Container placement.
(a) Location. To protect the public health, safety and well-being, and to
minimize interference with public rights-of-way, Containers for Residential
collection shall be placed in a location acceptable to the Solid Waste Collector,
which is accessible for mechanized pick-up.
(b) Placement time. To minimize interference with public rights-of-way,
Residential Containers placed for collection adjacent to streets or public rights-of-
way shall not be placed before 6:00 p.m. on the day preceding the regularly
scheduled collection. Solid Waste collection may take place between the hours of
7:00 a.m. and 6:00 p.m. on the day of collection.
(c) Removal time and location. To minimize interference with public rights-of-
way, Containers placed for collection adjacent to streets or public rights-of-way
shall be removed before 6:00 a.m. on the day following the regularly scheduled
collection. Containers shall be removed after collection to a location that is
completely screened from the public right-of-way.
(d) Bin enclosures. Except as provided in subsection (e), all Commercial
Containers shall be stored within Container enclosures or behind other visual
screening in accordance with the City's Zoning Code. Container enclosures shall
be accessible to collection vehicles. No person shall place a Commercial Container
in a public right-of-way for collection without City approval obtained by issuance of
an encroachment permit. The community development department may grant
Container placement waivers for existing non-conforming enclosures.
(e) Exception. Notwithstanding subsection (d), Commercial Containers may be
permanently or temporarily stored in a parking space that is not enclosed or
screened if the City community development department finds that loss of use of
the parking space will not adversely affect public safety or traffic and will not result
in a total number of parking spaces that is less than the minimum number of
parking spaces required by this Code.
Sec. 12-9. Use of Containers.
In order to protect public health, safety, and well-being, and to prevent the spread of
vectors, Generators shall only use Solid Waste Containers, or cause them to be used, in
accordance with the following requirements:
(a) Accumulation. All Solid Waste produced, generated or accumulated on
each premises shall be placed in a Container for regular collection.
(b) Overflow. Containers shall not be filled to overflowing.
(c) Cleanliness. Containers shall be maintained in a safe and clean manner.
(d) Removal. Containers shall not be permanently removed from the premises
where they have been placed by the City or the Solid Waste Collector without the
prior approval of the City or the Solid Waste Collector.
(e) Hazardous waste. Hazardous Waste shall not be placed in any Container
placed for collection by the Solid Waste Collector.
(f) Placement of solid waste in appropriate containers. Generators shall only
place designated materials (Organic Waste, Non-Organic Recyclables, and other
Solid Waste) in designated Containers, and shall not place Prohibited Container
Contaminants in Containers.
(g) Other requirements. Containers shall be used in accordance with the
noticed requirements of the Solid Waste Collector.
Sec. 12-10. Holiday trees.
Holiday trees may be placed alongside the regular Container for Recycling in accordance
with the requirements of the Solid Waste Collector.
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ARTICLE III. PROHIBITED ACTS
Sec. 12-11. Unauthorized dumping.
No person shall discard, throw, dump or dispose of any Solid Waste or Hazardous Waste
upon any property within the City, whether public or private, excepting only the discarding,
depositing, disposal or placement in containers, buckets and/or bins to be used for the
proper containment, transportation and disposal of such waste material and the proper
treatment, Recycling and/or disposal of such waste in properly licensed and permitted
Solid and/or Hazardous Waste facilities. No person shall abandon, dispose of, or discard
barrels, containers or other closed receptacles of Solid Waste, Hazardous Waste or liquid
waste of any kind whatsoever upon any property in the City whether public or private,
except as specifically authorized and permitted under all applicable local, state, and
federal laws.
Sec. 12-12. Unauthorized scavenging.
Except when retrieving an item of Solid Waste accidently discarded prior to pick up by the
Solid Waste Collector, no person shall access any Container for the purposes of removing
or taking Solid Waste or Recyclable materials placed therein for collection by the Solid
Waste Collector. No person other than an agent or employee of the City or the Solid
Waste Collector shall remove or otherwise interfere with any Container that has been
placed in a location appropriate for storage and/or the collection of Solid Waste without
the prior written approval of the owner, occupant or other person in charge of the day-to-
day operation of the premises.
Sec. 12-13. Collecting or managing solid waste without a license, permit, or
franchise.
To protect public health, safety and well-being, no person shall collect any Solid Waste
or Source-Separated Recyclable Materials from any location within the City without a
franchise, permit, or other written authorization from the City. No person shall construct
or operate a Solid Waste management enterprise or facility, including, but not limited to,
a material recovery facility, landfill, composting facility, or buy-back Recycling center, or
collect any form of Solid Waste in the City, without first satisfying all applicable City
requirements for land use approval, business license, franchise, permit and any other
approvals required under any local, state or federal law. The requirements of this chapter
apply to the issuance of any such franchise, permit, or other approval.
Sec. 12-14. Unauthorized containers.
(a) Unauthorized containers. No person shall place any Solid Waste collection
container on a premises for collection, transportation, and/or disposal of Solid
Waste by any person other than a Solid Waste Collector or other City-permitted
waste collector. All such Unauthorized Containers may be removed and
impounded by order of the Director.
(b) Notice of violation. Prior to removal and impound of an Unauthorized
Container, the City shall attempt to identify the owner of the Unauthorized
Container, and shall serve upon the owner of the Unauthorized Container a written
notice of violation by mail, if the owner's mailing address is known and by posting
a copy of the notice of violation upon the Unauthorized Container. The City shall
take a photograph that shows the notice affixed to the Unauthorized Container,
and the owner shall be deemed to have been served at the time the notice is affixed
to the Container. If the owner's electronic mail address and/or telephone number
are known, the City may provide an additional notice of violation through electronic
mail or telephonically; however, failure to notify the owner by electronic mail or
telephone shall not invalidate the notice.
(c) Terminate use. Upon the posting of notice of violation on the Unauthorized
Container, any person using the Unauthorized Container shall immediately cease
placing Solid Waste in the Unauthorized Container.
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(d) Impound; notice.
(1) The owner of an Unauthorized Container shall remove the
Unauthorized Container from any location where it may be serviced by an
unpermitted waste collector within twenty-four (24) hours of receipt of a
notice of violation, as provided in this section. If the Owner fails to remove
the Unauthorized Container, then the City may cause the Unauthorized
Container to be impounded.
(2) Following impoundment, the City shall provide the owner of the
Unauthorized Container with written notice of the impoundment and
information for reclaiming the Unauthorized Container by mail, if mailing
address is known. If electronic mail and/or telephone number are known,
the City may provide notice after impoundment through electronic mail or
telephonically; however, failure to notify the owner by electronic mail or
telephone shall not invalidate the notice. If neither a mailing address, nor
an electronic mail address or telephone number are known, the City shall
post a written notice of impoundment as close to the location of the
Unauthorized Container as possible in a location likely to be seen by a
person looking for the Unauthorized Container.
(3) Unauthorized Containers not reclaimed from impoundment within
thirty (30) days and whose impoundment is not contested pursuant to
subsection (g) of this section shall become property of the City to be sold or
disposed of as determined by the City.
(e) City costs; violations.
(1) The owner of an Unauthorized Container shall be responsible to
reimburse the City for the actual costs of the impoundment, dumping,
storage, and administrative processing of impounded Unauthorized
Containers. All amounts due to the City for the cost of the impoundment, ..
dumping, storage, and administrative processing shall be paid before an
impounded Unauthorized Container is returned to the owner. The costs
incurred by the City for impoundment, dumping, storage, and administrative
processing shall constitute a debt owed to the City by the owner, who shall
be liable therefore in any action by the City for recovery of such amounts.
(2) Violations of this section shall also be punishable as set forth in
Article VIII of this chapter.
(f) Delegation. The Director may delegate to a franchised Solid Waste
Collector the authority to impound and/or store Unauthorized Containers and to
collect fees and charges levied by the City. Such a franchised Solid Waste
Collector shall comply with the requirements of this section and shall coordinate
with the City in carrying out this section.
(g) Administrative hearing.
(1) Request for hearing. The owner of an Unauthorized Container may
contest the basis of the impoundment of the Unauthorized Container by
filing a written request with the Director for a hearing within five (5) business
days from the date of notice, accompanied by all costs of impoundment
owed pursuant to subsection (e)(1) and a fee set by resolution of the city
council that covers the costs of the administrative hearing. The Director ° '
shall set a date for a hearing before the hearing officer, who shall be
selected by the city manager, to occur within thirty (30) calendar days from
the date of the request. Notice shall be given to the responsible party at
least ten (10) days in advance of such hearing.
(2) Administrative order. Within ten (10) business days of the conclusion
of the hearing, the hearing officer shall provide the owner of the
Unauthorized Container with his or her decision in writing (referred to as
"administrative order") by personal service or by certified mail, return receipt
requested, to the owner's last known address.
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(i) The administrative order shall contain the hearing officer's
reasons for the decision and the procedure described in section 1-
12.2 of this Code for seeking judicial review.
(ii) A decision in favor of the owner shall result in the City
promptly returning any impound fees paid by the owner and any
container that was determined to be unlawfully impounded.
(iii) A decision in favor of the City shall result in the owner
complying with the administrative order or seeking judicial review of
the administrative order, as described in section 1-12.2.
(3) Failure to attend administrative hearing. The owner's failure to
appear at a hearing shall constitute a waiver of the right to a hearing and
the hearing officer shall make a decision based solely on the City's
administrative record and any evidence submitted to the City by owner prior
to the hearing date, but without a hearing.
(h) Establishment of policies. The Director may establish administrative
policies and procedures, including administrative hearing procedures, for the
purpose of carrying out this section.
Sec. 12-15. Nuisance.
To protect the public health, safety and well-being, the keeping of Solid Waste in
containers other than authorized Containers, or the keeping of offensive, obnoxious, or
unsanitary Solid Waste or Hazardous Waste on any property, is unlawful, constitutes a
public nuisance, and may be abated in the manner provided by law for the abatement of
nuisances. To protect the public health, safety and well-being and to prevent the growth
and spread of vectors, it is unlawful, and a public nuisance,for any person to own, occupy,
operate, inhabit, maintain or otherwise be in day-to-day control of any premises for which
arrangements for the regular collection and removal of Solid Waste have not been made
in accordance with this chapter.
Sec. 12-16. Unauthorized burning or burial.
To protect public health, safety and well-being, no person shall burn any Solid Waste
within the City, except in an approved incinerator or transformation facility or other device
for which permits have been issued from authorizing regulatory agencies, including, but
not limited to, the City and fire and air pollution control agencies, and provided that the
act of burning complies with all applicable laws, permits, rules and regulations governing
such event. No person shall bury Solid Waste at any place within the City, except as
specifically authorized and permitted under all applicable local, state and federal laws.
Sec. 12-17. Unauthorized disposal of bulky waste.
To protect the public health, safety and well-being, and to minimize interference with
public rights-of-way, no person shall place any Bulky Waste item or any other large item
not appropriate for regular collection in or adjacent to a street or public right-of-way
without prior approval and arrangement with the Solid Waste Collector for pick-up.
Sec. 12-18. Unauthorized use of containers belonging to others.
With the exception of Containers placed in public areas for use of the public, no person
shall enter the property of another and utilize the Container on such property for disposal
of Solid Waste, without the permission of the owner, occupant, or person otherwise
responsible for the Container.
ARTICLE IV. REQUIREMENTS FOR SOLID WASTE COLLECTORS
Sec. 12-19. Solid waste collectors.
(a) City authorization. In order to protect public health, safety and well-being,
to prevent the spread of vectors, to carry out the responsibilities of the City as
provided by law, and to plan for the management of vehicular traffic and mitigate
adverse environmental impacts, the city council may, at its election, authorize one
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or more Solid Waste Collectors, whether by exclusive or non-exclusive franchise,
license, permit, contract or otherwise to make arrangements with Generators for
the collection, transfer, disposal, and/or Recycling of Solid Waste.
(b) Collection categories. The city council may determine waste management
collection categories, whether single-family residential, multifamily residential,
commercial, institutional, special event, household Hazardous Waste, Recyclable
materials, Organic Waste, Bulky Waste, Green Waste, Construction and
Demolition Debris, or others, and the city council may make or impose
requirements in connection with the issuance of any franchise, license, permit, or
contract for a Solid Waste Collector.
(c) Protection of public health and safety. Solid waste collectors shall make
arrangements with their customers specifying the manner in which Solid Waste
collection services are to be provided, subject to the City's exercise of its police
power authority for the purposes of protecting public health, safety and well-being,
and regulating the manner of collection to control the growth and spread of vectors
and to limit sources of noise and air pollution within the City.
Sec. 12-20. Collection operations.
To protect public health, safety and well-being, Solid Waste Collectors shall conduct
operations in accordance with the following:
(a) Hours. In order to protect residents' quiet enjoyment of their homes,
collection from residential premises, including all multifamily residences shall be
made between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday.
Collection from all premises other than residential premises shall be made
between the hours of 5:00 a.m. and 6:00 p.m. Monday through Saturday.
(b) Routes and times. Collection routes shall be designed and times for
collection established in a manner which minimizes problems of traffic, noise, air
pollution, wear and tear on public streets, or other problems having the potential
to adversely affect public health, safety or the environment.
(c) Special services. Collection service recipients located within the City may
request, and the Solid Waste Collector shall provide, special Solid Waste collection
services. Collection service recipients shall be informed by the Solid Waste
Collector of the charge for special collections prior to pick-up, and service
recipients shall be responsible for paying for the special collection service at or
prior to the time of pick-up.
(d) Noise. The noise level for the collection vehicles utilized by the Solid Waste
Collector during the stationary compaction process shall not exceed seventy-five
(75) decibels at a distance of twenty-five (25) feet and at an elevation of five (5)
feet from the horizontal base of such vehicles.
(e) Equipment. Any truck used for the collection or transportation of Solid
Waste within the City shall be leak proof and equipped with a close-fitting cover,
which shall be affixed in a manner that will prevent spilling, releasing, dropping, or
blowing of any Solid Waste upon any street or right-of-way.
(f) Container placement. At the time of removal or collection of Solid Waste,
the Container shall be placed in an upright position after it is emptied.
Sec. 12-21. Compliance with state organics laws.
Solid Waste Collectors shall provide for the collection of Organic Waste and Non-Organic
Recyclables by implementing a collection service that complies with the requirements of
State Organics Laws. Where multiple compliance methods are available under law, the
Solid Waste Collector shall comply with the compliance method in the Solid Waste
Collector's franchise agreement with the City. Solid Waste Collectors shall not offer any
Solid Waste collection service that does not, at a minimum, provide a level of Organic
Waste and Non-Organic Recyclable services to all Generators that is sufficient for
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compliance with State Organics Laws, unless a Generator provides proof of a waiver
obtained from the City pursuant to section 12-5 of this chapter.
ARTICLE V. GRANT OF FRANCHISE, PERMIT, OR LICENSE
Sec. 12-22. Fees, franchises, permits and licenses.
(a) Fees. In accordance with Division 30, Part 1, Chapter 1 of the Public
Resources Code, section 40000 et seq., and other applicable law, the City may
levy fees within the City for Solid Waste purposes, including but not limited to
implementation of an integrated waste management plan; inspection, auditing,
review and planning for Solid Waste or household Hazardous Waste collection,
transfer and disposal; and for planning related to responses to Solid Waste or
Hazardous Waste releases and spills. Such fees may include fees for the costs of
preparing and implementing source reduction and recycling elements, household
hazardous waste elements, non-disposal facility elements and integrated waste
management plans.
(b) Authorization. Each Solid Waste Collector providing services within the City
shall obtain and maintain all appropriate licenses and all other forms of
authorization, permit, franchise or contract as may be required by the city council
pursuant to this chapter. The city council may, at its election, waive any permit,
license, franchise or other fees for selected categories of licensees, permittees or
franchisees, including but not limited to collectors of Green Waste. The city council
may exempt nonprofit charities registered with the Attorney General of the State
of California from permit and license requirements. Each Solid Waste Collector
shall comply with all other applicable federal, state and local laws, regulations or
requirements.
Sec. 12-23. Franchise agreements.
The city council may award one or more franchise agreements for the collection of Solid
Waste, Source Separate Recyclable Materials and/or Green Waste, from all or any
portion of any category of premises in the City, including, but not limited to, commercial,
industrial, or residential collection. Franchise agreements shall be granted by the city
council by resolution on such terms and conditions as the city council shall determine in
its sole discretion.
ARTICLE VI. CONSTRUCTION AND DEMOLITION DEBRIS MANAGEMENT; COMPLIANCE WITH
CALGREEN
Sec. 12-24. Purpose.
The purpose of this article is to reduce landfill waste by requiring the applicant for every
Covered Project to Divert the minimum percentage of Construction and Demolition Debris
resulting from that project in compliance with California Green Building Standards Code,
and to create a mechanism to secure compliance with the Diversion Requirements.
Sec. 12-25. Requirements for construction and demolition debris diversion.
(a) Unless otherwise exempt under section 12-26, the applicant for a Covered
Project shall Divert, at a minimum, the percentage of Construction and Demolition
Debris specified by the California Green Building Standards Code and shall comply
with all provisions of this article.
(b) Compliance with the provisions of this article shall be listed as a condition
of approval on all building or demolition permits issued for a Covered Project.
Sec. 12-26. Exemption for emergency demolition.
Covered Projects solely involving emergency Demolition required to protect the public
health, safety or welfare, as determined by any public safety official or code compliance
officer of the City prior to Demolition, are exempt from the requirements of this article.
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Sec. 12-27. Performance security deposit and administrative fee.
(a) Performance security deposit. A performance security deposit shall be
provided to the City for all Covered Projects prior to and as a condition of issuance
of any permit for the Covered Project to guarantee compliance with the California
Green Building Standards Code for waste Diversion and completion of the required
Construction and Demolition Debris management plan and reporting. The
performance security deposit shall be in the form of cash, a certified or cashiers'
check, or another method of payment acceptable to the Director.
(1) Single-family residential projects up to three thousand five hundred
square feet (3,500 sf) shall submit a security deposit of a flat rate of one
thousand dollars ($1,000.00).
(2) Single-family residential projects exceeding three thousand five
hundred square feet (3,500 sf), multifamily residential projects (defined as
projects with two or more connected units), and non-residential projects
shall submit a security deposit of one dollar ($1.00) per square foot of
project with a minimum deposit of one thousand dollars ($1,000.00) and a
maximum deposit of fifty thousand dollars ($50,000.00) per phase.
(3) Failure to comply with the Diversion Requirements, as determined
by the Director, shall result in forfeiture of the security deposit.
(4) Solid Waste generated by the project shall only be hauled by a
franchised Solid Waste Collector or City-permitted Third-Party Hauler, or
shall be Self-Hauled. Prior to hiring a Third-Party Hauler, the project
contractor must contact the Solid Waste Collector and obtain a written "No
Service" letter stating that the Solid Waste Collector is unable to perform
the required hauling, and the "No Service" letter shall be presented to the
City upon request. The project contractor shall not hire a subcontractor for
the sole purpose of Solid Waste removal; any such subcontractor will not .
be considered a permitted Self-Hauler. Violation of this subsection (a)(4),
as determined by the Director, will result if forfeiture of the security deposit.
(5) The deposit shall be returned in total to the project applicant,
promptly and without interest, at the conclusion of the project and upon the
applicant presenting proof satisfactory to the Director that no less than the
required percentages of Construction and Demolition Debris generated by
the project have been Recycled, reused, or otherwise Diverted from
landfills to the extent indicated in the approved Materials Questionnaire,
and provided that the project applicant has not violated any other
provisions of this article resulting in forfeiture.
(6) City-sponsored Construction, Demolition, or renovation activities are
exempt from providing a performance security deposit.
(b) Administrative fee. As part of any application for, and prior to the issuance
of, any building or demolition permit that involves the creation of Construction and
Demolition Debris, every applicant for a Covered Project, unless exempt under
section 12-26, shall pay to the City a fee sufficient to compensate the City for all
expenses incurred in reviewing the Materials Questionnaire. The amount of this
fee shall be prescribed in the master fee schedule, which may be updated by city
council resolution.
Sec. 12-28. Materials questionnaire requirements.
Prior to the issuance of a building or demolition permit for any Covered Project, all
applicants shall complete and submit a Materials Questionnaire to the City's building
division, as part of the application packet for a permit issued for a Covered Project. The
City's building official or a designee shall provide the Director with the Materials
Questionnaire. The Materials Questionnaire shall include the following information,
calculated with the conversion rate set forth in the standardized conversion rate table for
use in estimating the volume or weight of Construction and Demolition Debris approved
by California's Department of Resources Recycling and Recovery(CalRecycle), and shall
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be attested by the applicant, under penalty of perjury, as true and correct for all stated
facts and as a best estimate based on all information reasonably available about the
project, where all the facts cannot be ascertained:
(a) The estimated volume or weight of Construction and Demolition Debris,
listed for each material;
(b) The estimated volume or weight of Construction and Demolition Debris that
can be Diverted, listed for each material;
(c) The estimated volume or weight of Construction and Demolition Debris that
would be landfilled as Solid Waste;
(d) The identification of the vendor or facility that will collect or receive the
Construction or Demolition debris or that will Deconstruct the Structure; and
(e) The estimated date on which Demolition or Construction is to commence.
Sec. 12-29. Review of materials questionnaire.
(a) Time for review. A Materials Questionnaire shall be approved or denied no
later than fifteen (15) business days after a complete application is made. The
approval may be based on imposed conditions reasonably necessary to meet the
standards of this article.
(b) Approval. Notwithstanding any other provision of this article, no building or
demolition permit shall be issued for any Covered Project unless and until
the Materials Questionnaire has been approved, based upon the following findings
by the Director.
(1) All of the information required by section 12-28 has been provided;
and
(2) The plan establishes a mechanism such that the Diversion
Requirement shall be met.
(c) Denial. If the Director denies the Materials Questionnaire, the grounds for
denial shall be clearly stated in writing.
Sec. 12-30. Materials compliance reporting.
No later than thirty(30) days following the completion of a Covered Project, the applicant
shall submit a compliance reporting form, under penalty of perjury, to the Director. For
purposes of this section, "completion" means the earliest of the following dates: the date
a temporary certificate of occupancy is issued by the City for a project, the date a
certificate of occupancy is issued by the City for a project, or the date of the final City
inspection approving the project as complete. The compliance reporting form shall include
the following information:
(a) The dates Demolition and Construction actually commenced;
(b) The actual volume or weight of Construction and Demolition Debris, listed
for each material;
(c) The actual volume or weight of Construction or Demolition Debris that was
Diverted, listed for each material;
(d) A specification of the method used to determine the volume and weights
and a certification that the method used was the most accurate, commercially
reasonable method available; and
(e) Original receipts from all vendors and facilities that collected or received
Construction and Demolition Debris, indicating actual weights and volumes
received.
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Sec. 12-31. Appeal.
(a) If an applicant is aggrieved by any decision of the Director under this article,
the applicant may appeal the decision to the city council by filing with the city clerk
a statement addressed to the city council setting forth the name and address of
the person filing the appeal, the facts and circumstances regarding the Director's
decision, and the basis for the appeal. The appeal shall be accompanied by a
deposit as established by resolution of the city council or actual cost. The city clerk
shall present the appeal to the city council following the date of filing. The city
council shall hear and pass upon the appeal, and the decision of the council
thereupon shall be final and conclusive.
(b) The right to appeal to the city council shall terminate upon the expiration of
thirty (30) days following the decision of the Director.
Sec. 12-32. Provision of locations for recycling containers.
In addition to the other requirements in this article, applicants for permits for Covered
Projects, as a condition of the City's permit approval, shall comply with the following:
(a) New Commercial construction shall 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-, three-plus, or two-container collection program offered by the City, or
comply with Sections 4.410.2, 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.
(b) Additions to Commercial buildings, resulting in an increase of at least 30%
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-, three-plus, or two-container collection program offered by the City, or
shall comply with Section 5.410.1.1, 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.
ARTICLE VII. FOOD RECOVERY REQUIREMENTS
Sec. 12-33. Requirements for commercial edible food generators.
(a) Tier One Commercial Edible Food Generators must comply with the
requirements of this section commencing January 1, 2022, and Tier Two
Commercial Edible Food Generators must comply commencing January 1, 2024.
(b) Large Venue or Large Event operators not providing food services, but
allowing for food to be provided by others, shall require Food Facilities operating
at the Large Venue or Large Event to comply with the requirements of this section,
commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following
requirements:
(1) Arrange to recover the maximum amount of Edible Food that would
otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery
Organizations or Food Recovery Services for: (i) the collection of Edible
Food for Food Recovery; or, (ii) acceptance of the Edible Food that the
Commercial Edible Food Generator Self-Hauls to the Food Recovery
Organization for Food Recovery.
(3) Do not intentionally spoil Edible Food that is capable of being
recovered by a Food Recovery Organization or a Food Recovery Service.
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(4) Allow the City's designated enforcement entity or designated third
party enforcement entity to access the premises and review records
pursuant to 14 CCR section 18991.4.
(5) Keep records that include the following information, or as otherwise
specified in 14 CCR section 18991.4:
(A) A list of each Food Recovery Service or Organization that
collects or receives its Edible Food pursuant to a contract or written
agreement established under 14 CCR section 18991.3(b
(B) A copy of all contracts or written agreements established
under 14 CCR section 18991.3(b).
(C) A record of the following information for each Food Recovery
Services or Food Recovery Organizations listed pursuant to
subsection (c)(5)(A):
(i) The name, address and contact information of the
Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or Self-
Hauled to the Food Recovery Service or Food Recovery
Organization.
(iii) The established frequency that food will be collected or
Self-Hauled.
(iv) The quantity of food, measured in pounds recovered
per month, collected or Self-Hauled to a Food Recovery
Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this article shall be construed to limit or conflict with the
protections provided by the California Good Samaritan Food Donation Act of 2017,
the Federal Good Samaritan Act, or Share Table and school food donation
guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the
State of California on September 25, 2017, which added Article 13 [commencing
with section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education
Code, and to amend section 114079 of the Health and Safety Code, relating to
food safety, as amended, supplemented, superseded and replaced from time to
time).
Sec. 12-34. Requirements for food recovery organizations and services.
(a) Food Recovery Services collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR section 18991.3(b), shall maintain the following records,
or as otherwise specified by 14 CCR section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial
Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each
Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food
Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery
Organization that the Food Recovery Service transports Edible Food to for
Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly
from Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR section 18991.3(b), shall maintain the following records,
or as otherwise specified by 14 CCR section 18991.5(a)(2):
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(1) The name, address, and contact information for each Commercial
Edible Food Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each
Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery
Service that the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their
primary address physically located in the City and contract with or have written
agreements with one or more Commercial Edible Food Generators pursuant to 14
CCR section 18991.3(b) shall report to the City the total pounds of Edible Food
recovered in the previous calendar year from the Tier One and Tier Two
Commercial Edible Food Generators they have established a contract or written
agreement with pursuant to 14 CCR section 18991.3(b) no later than February 1st
of each year.
(d) In order to support Edible Food Recovery capacity planning assessments
or other studies conducted by the City, or its designated entity, Food Recovery
Services and Food Recovery Organizations operating in the City shall provide
information and consultation to the City, upon request, regarding existing, or
proposed new or expanded, Food Recovery capacity that could be accessed by
the City and its Commercial Edible Food Generators. A Food Recovery Service or
Food Recovery Organization contacted by the City shall respond to such request
for information within 60 days, unless a shorter timeframe is otherwise specified
by the City.
ARTICLE VIII. INSPECTIONS AND ENFORCEMENT
Sec. 12-35. Authority.
The Director shall have the authority to enforce and administer the provisions of this
chapter, and may establish guidelines and policies for the implementation of this chapter.
Sec. 12-36. Inspections.
(a) City representatives and other entities designated by the City are authorized
to conduct Inspections and investigations, at random or otherwise, of any collection
Container, collection vehicle loads, or transfer, processing, or disposal facility for
materials collected from Generators, or Source Separated materials to confirm
compliance with this chapter by Generators, Commercial Businesses, property
owners, Commercial Edible Food Generators, Solid Waste Collectors, Self-
Haulers, Food Recovery Services, and Food Recovery Organizations, subject to
applicable laws. This section does not allow the City or its representatives or
designees to enter the interior of a private residence for Inspection. For the
purposes of inspecting Commercial Business Containers, the City may conduct
Container Inspections for Prohibited Container Contaminants using Remote
Monitoring, and Commercial Businesses shall accommodate and cooperate with
the Remote Monitoring.
(b) Persons and entities regulated under this chapter shall provide or arrange
for access during all Inspections and shall cooperate with the City's employee or
its designated entity 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. Failure to provide or arrange for(i) access to an entity's premises, (ii)
installation and operation of Remote Monitoring equipment, or (iii) access to
records for any Inspection or investigation is a violation of this chapter.
(c) Any records obtained by the City or its representative or designees during
Inspections, Remote Monitoring, and other reviews shall be subject to the
requirements and applicable disclosure exemptions of the Public Records Act as
set forth in Government Code Section 6250 et seq.
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(d) City representatives and designees are authorized to conduct any
Inspections, Remote Monitoring, or other investigations as reasonably necessary
to further the goals of this chapter, subject to applicable laws.
(e) City shall receive written complaints from persons regarding an entity that
may be potentially non-compliant with State Organics Laws, including receipt of
anonymous complaints. Complaints shall be submitted to the Director and shall
include the following information:
(1) If the complaint is not anonymous, the name and contact information
of the complainant.
(2) The identity of the alleged violator, if known.
(3) A description of the alleged violation including location(s) and all
other relevant facts known to the complainant.
(4) Any relevant photographic or documentary evidence to support the
allegations in the complaint.
(5) The identity of any witnesses, if known.
(f) The City will commence an investigation within 90 days of receiving a
complaint that meets the requirements of subsection (e) if the City determines that
the allegations, if true, would constitute a violation of State Organics Laws.
However, the City may decline to investigate a complaint if, in the judgment of the
Director, investigation is unwarranted because the allegations are contrary to facts
known by the Director or other City employees. The City will notify complainants
of the results of their complaint if the identity and contact information of the
complainant are provided to the City.
Sec. 12-37. Enforcement.
(a) Compliance monitoring. City representatives and designees will monitor
compliance with this chapter randomly and through Compliance Reviews, Route
Reviews, investigation of complaints, and an Inspection program (that may include
Remote Monitoring).
(b) Violations. Violation of any provision of this chapter shall constitute grounds
for issuance of a notice of violation and assessment of a fine by the City.
(c) Method of enforcement.
(1) Administrative citation. Violations of this chapter are punishable by
administrative citations in the amounts set forth in section 1-7(c) and in
accordance with the administrative citation procedure in section 1-12.1 of
this Code. Administrative citations may be issued by the Director. If State
Organics Laws require a citation amount greater than the amount stated in
section 1-7(c), then the citation amount required by the State Organics Laws
shall be applied.
(2) Abatement of imminent danger. In addition, in the event any violation
of this chapter constitutes an imminent danger to public health, safety, or
the environment, the Director, may enter upon the premises from which the
violation emanates, abate the violation and danger created to the public
safety or the environment, and restore any premises effected by the alleged
violation, without notice to or consent from the owner or occupant of the
premises. An imminent danger shall include but is not limited to
circumstances created by a disposal of Solid or Hazardous Waste where
such disposal creates a significant and immediate threat to the public health
or safety, or the environment.
(3) Public nuisance. Violations of this chapter may further be deemed to
be a public nuisance which may be abated by administrative or civil or
criminal action in accordance with the terms and provisions of this Code and
state law. All costs and fees incurred by the City as a result of any violation
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of this chapter which constitutes a nuisance, including all administrative fees
and expenses and legal fees and expenses, shall become a lien against the
subject premises from which the nuisance emanated, and a personal
obligation against the owner, in accordance with Government Code
sections 38773.1 and 38773.5. The owner of record of the premises subject
to any lien shall receive notice of the lien prior to recording, as required by
Government Code section 38773.1. The city attorney is authorized to collect
nuisance abatement costs or enforce a nuisance lien in an action brought
for money judgment, or by delivery to the county assessor of a special
assessment against the premises in accordance with the conditions and
requirements of Government Code section 38773.5.
(4) Misdemeanor. Any violation of this chapter is a misdemeanor and
shall be punishable in accordance with section 1-7 of this Code. Any person
who may otherwise be charged with a misdemeanor as a result of a violation
of this chapter, may be charged, at the discretion of the City, with an
infraction punishable in accordance with section 1-7 of this Code.
(5) Revocation of permit. The City may revoke any permit issued under
this chapter upon a finding that the permit holder has violated the
requirements of the permit. Prior to revoking the permit, the City shall give
a written notice of violation to the permit holder, stating the nature of the
violation and including a statement that the permit holder may appeal the
permit revocation to the city manager within ten days of the notice. A
request for appeal shall include any evidence or documentation supporting
the appeal, as well as an appeal fee in an amount set by the city council. If
no appeal is requested, the revocation shall become final. If an appeal is
requested, the city manager or a designated hearing officer shall set a
hearing date to consider the revocation, which shall be no more than 30
days after the hearing is requested. The permit holder may attend the
hearing and present evidence in favor of the appeal. The city manager's or
hearing officer's decision on the appeal shall be final. The permit shall be
suspended during the ten-day notice period and, if an appeal is requested,
until the final determination on the hearing is made.
(6) Separate violations. Each day a violation of this chapter exists
without correction shall constitute a new and separate violation.
(d) Container contaminants. For incidences of Prohibited Container
Contaminants found in containers, City may issue a notice of violation to any
Generator found to have Prohibited Container Contaminants in a Container. Such
notice will be provided via a cart tag or other communication immediately upon
identification of the Prohibited Container Contaminants or within 7 days after
determining that a violation has occurred. If the City or a designee observes
Prohibited Container Contaminants in a generator's containers on more than three
(3) consecutive occasion(s), the City may assess contamination processing fees
or contamination penalties on the Generator in amounts determined by city council
resolution, in addition to taking other enforcement actions under this section.
Sec. 12-38. Remedies not exclusive.
To the maximum extent permitted by law, administrative remedies specified in this
chapter are in addition to and do not supersede or limit any and all other remedies, civil
or criminal. The remedies provided for herein shall be cumulative and not exclusive.