O 711 ORDINANCE NO. 711
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADDING CHAPTER 8.33, MANDATORY ORGANIC WASTE
DISPOSAL REDUCTION, AND CHAPTER 15.06, SB 1383 CALGREEN
RECYCLING AND MODEL WATER EFFICIENT LANDSCAPING
ORDINANCE REQUIREMENTS, TO THE ARROYO GRANDE
MUNICIPAL CODE TO COMPLY WITH THE REQUIREMENTS OF SB
1383
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section 40000, et
seq., as amended, supplemented, superseded, and replaced from time to time), requires
cities, counties and districts to reduce, reuse, and recycle (including composting) Solid
Waste generated in their jurisdiction to the maximum extent feasible before any
incineration or landfill disposal of waste, to conserve water, energy, and other natural
resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor
of the State of California on October 5, 2011, which amended Sections 41730, 41731,
41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004,
41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of
Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code,
as amended, supplemented, superseded and replaced from time to time), places
requirements on Commercial Businesses and Multi-Family Premises that generate a
specified threshold amount of Solid Waste to arrange for recycling services and requires
jurisdictions to implement a mandatory Commercial recycling program; and
WHEREAS, State Organics Materials recycling law, Assembly Bill 1826 of 2014
(approved by the Governor of the State of California on September 28, 2014, which added
Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public
Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and
replaced from time to time), requires Commercial Businesses and Multi-Family Premises
that generate a specified threshold amount of Solid Waste, Recyclable Materials, and
Organic Materials per week to arrange for recycling services for that waste, requires
jurisdictions to implement a recycling program to divert Organic Materials from
Commercial Businesses and Multi-Family Premises subject to the law, and requires
jurisdictions to implement a mandatory Commercial Organic Materials recycling program;
and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce Organic Waste in landfills as a source of
methane. The regulations place requirements on multiple entities including jurisdictions,
residential households, Multi-Family Premises, Commercial Businesses, Commercial
Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food
ORDINANCE NO. 711
PAGE 2
Recovery Services to support achievement of the SB 1383 statewide Organic Waste
disposal reduction targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement
relevant provisions of SB 1383 Regulations. This Ordinance will also help reduce food
insecurity by requiring Commercial Edible Food Generators to arrange to have the
maximum amount of their Edible Food, that would otherwise be disposed, be recovered
for human consumption; and
WHEREAS, requirements in this Ordinance are consistent with other adopted goals and
policies of the City of Arroyo Grande; and
WHEREAS, the City Council of the City of Arroyo Grande now desires to add new
Chapters 8.33 and 15.06 to the Arroyo Grande Municipal Code to provide for the
implementation of SB 1383.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true, correct and are incorporated herein
by this reference.
SECTION 2. Chapter 8.33, entitled Mandatory Organic Waste Disposal Reduction, and
Chapter 15.06, entitled SB 1383 CalGreen Recycling and Model Water Efficient
Landscaping Ordinance Requirements, are hereby added to the Arroyo Grande Municipal
Code, as set forth in Exhibits A and B, which are attached hereto and incorporated herein
by this reference.
SECTION 3. 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.
The City Clerk shall file a Notice of Exemption from CEQA review in accordance with
CEQA Guidelines.
SECTION 4. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those City
Council members voting for and against the Ordinance shall be published again, and the
City Clerk shall post a certified copy of the full text of such adopted Ordinance.
ORDINANCE NO. 711
PAGE 3
SECTION 5. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage and Chapters 8.33 and 15.06 shall be effective commencing on
January 1, 2022.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
On motion of Council Member Barneich, seconded by Council Member Paulding, and by the
following roll call vote, to wit:
AYES: Council Members Barneich, Paulding, Storton, George, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 9th day of November, 2021.
ORDINANCE NO. 711
PAGE 4
I)0
CAREN RAY R O,OM, MAYOR
ATTEST:
- #
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHIT EY MI g ONALD,
'CITY MANAGER
APPROVED AS TO FORM:
TIMOTHd14"'. c
ARATTO'NEY
EXHIBIT A
CITY OF ARROYO GRANDE
ARROYO GRANDE MUNICIPAL CODE CHAPTER 8.33
MANDATORY ORGANIC WASTE DISPOSAL
REDUCTION
TABLE OF CONTENTS
Section 8.33.010. Purpose, Findings and Conflicting Provisions 1
Section 8.33.020. Title of Ordinance 2
Section 8.33.030. Definitions 2
Section 8.33.040. Requirements for Single-Family Premises 13
Section 8.33.050. Requirements for Multi-Family Residential Dwellings 14
Section 8.33.060. Requirements for Commercial Businesses 16
Section 8.33.070. Waivers for Multi-Family Premises and Commercial Premises 18
Section 8.33.080. Requirements for Commercial Edible Food Generators 20
Section 8.33.090. Requirements for Food Recovery Organizations and Services22
Section 8.33.100. Requirements for Haulers and Facility Operators 23
Section 8.33.110. Self-Hauler Requirements 25
Section 8.33.120. Inspections and Investigations 26
Section 8.33.130. Enforcement 27
AGMC Chapter 8.33
Section 8.33.010. Purpose, Findings and Conflicting Provisions.
The City Council of the City of Arroyo Grande finds and declares:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000, et
seq., as amended, supplemented, superseded, and replaced from time to time),
requires cities and counties to reduce, reuse, and recycle (including composting)
Solid Waste generated in their City to the maximum extent feasible before any
incineration or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the
State of California on October 5, 2011, which amended Sections 41730, 41731,
41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections
40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section
42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of,
the Public Resources Code, as amended, supplemented, superseded and
replaced from time to time), places requirements on Commercial Businesses and
Multi-Family Premises that generate a specified threshold amount of Solid Waste
to arrange for recycling services and requires agencies to implement a mandatory
Commercial recycling program.
(c) State Organics Materials recycling law, Assembly Bill 1826 of 2014 (approved by
the Governor of the State of California on September 28, 2014, which added
Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the
Public Resources Code, relating to Solid Waste, as amended, supplemented,
superseded, and replaced from time to time), requires Commercial Businesses
and Multi-Family Premises that generate a specified threshold amount of Solid
Waste, Recyclable Materials, and Organic Materials per week to arrange for
recycling services for that waste, requires agencies to implement a recycling
program to divert Organic Materials from Commercial Businesses and Multi-Family
Premises subject to the law, and requires agencies to implement a mandatory
Commercial Organic Materials recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce Organic Waste in landfills as a source
of methane. The regulations place requirements on multiple entities including
cities, residential households, Multi-Family Premises, Commercial Businesses,
Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery
Organizations, and Food Recovery Services to support achievement of the SB
1383 statewide Organic Waste disposal reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
agencies to adopt and enforce an ordinance or enforceable mechanism to
implement relevant provisions of SB 1383 Regulations. This Chapter will also help
reduce food insecurity by requiring Commercial Edible Food Generators to arrange
AGMC Chapter 833
to have the maximum amount of their Edible Food, that would otherwise be
disposed, be recovered for human consumption.
(f) Requirements in this Chapter are consistent with other adopted goals and policies, ,
of the City of Arroyo Grande.
(g) Notwithstanding any provision to the contrary in any other code or regulation of the
City, including but not limited to Chapter 8.32 of this Code, the provisions of this
Chapter shall control, and to the extent any provision is in conflict with this Chapter,
the provision in this Chapter shall supersede any conflicting language and shall
prevail.
Section 8.33.020. Title of Ordinance
This chapter shall be entitled "Mandatory Organic Waste Disposal Reduction Ordinance".
Section 8.33.030. Definitions
(a) "Alternative Daily Cover(ADC)" has the same meaning as in Section 20690 of Title
27 of the California Code of Regulations.
(b) "Alternative Intermediate Cover(AIC)" has the same meaning as in Section 20700
of Title 27 of the California Code of Regulations.
(c) "Bulky Item" means discarded appliances (including refrigerators), furnituretires
carpets, mattresses, Yard Trimmings and/or wood waste, and similar large items
which can be handled by two (2) people, weigh no more than two hundred (200)
pounds, and require special collection due to their size or nature, but can be
collected without the assistance of special loading equipment (such as forklifts or
cranes)and without violating vehicle load limits. Bulky Items must be generated by
the customer and at the service address wherein the Bulky Items are collected.
Bulky Items do not include abandoned automobiles, large auto parts, trees,
construction and demolition debris, or items herein defined as Excluded Waste.
(d) "CaiRecycle" means California's Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for developing,
implementing, and enforcing SB 1383 Regulations on cities (and others).
(e) "California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references in this Chapter are preceded with a number that
refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
(f) "City" means the City of Arroyo Grande, a municipal corporation acting through its
City Council, and all the territory lying within the municipal boundaries of the City.
(g) "City Enforcement Official" means the City Manager or other authorized person(s)
who is/are partially or whole responsible for enforcing this Chapter.
AGMC Chapter 8.33
(h) "Commercial Business"or"Commercial" means a firm, partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit,
strip mall, or industrial facility.
(i) "Commercial Edible Food Generator" includes a Tier One or a Tier Two
Commercial Edible Food Generator as defined in this Section 3 or as otherwise
defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this
definition, Food Recovery Organizations and Food Recovery Services are not
Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(j) "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).
(k) "Compliance Review" means a review of records by a City to determine
compliance with this Chapter.
(I) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), (or any
variation thereof) includes a controlled biological decomposition of Organic
Materials yielding a safe and nuisance free Compost product.
(m) "Contractor" means the franchisee authorized under and by virtue of a contract
with the City to collect solid waste as provided in Chapter 8.32, organized and
operating under the laws of the State and its officers, directors, employees, agents,
companies, related-parties, affiliates, subsidiaries, and subcontractors.
(n) "Customer" means the Person whom Contractor submits it's billing invoice to and
collects payment from for Collection services provided to a Premises. The
Customer may be either the Occupant or Owner of the Premises.
(o) "C&D" means construction and demolition debris.
(p) "Designated Waste" means non-Hazardous Waste which may pose special
Disposal problems because of its potential to contaminate the environment, and
which may be Disposed of only in Class II Disposal sites or Class Ill Disposal sites
pursuant to a variance issued by the California Department of Health Services.
Designated Waste consists of those substances classified as Designated Waste
by the State, in California Code of Regulations Title 23, Section 2522 as may be
amended from time to time.
(q) "Designee" means an entity that a City contracts with or otherwise arranges to
carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR
Section 18981.2. A Designee may be a government entity, a hauler, a private
entity, or a combination of those entities.
AGMC Chapter 8.33
(r) "Discarded Materials" means Recyclable Materials, Organic Materials, and Solid
Waste placed by a Generator in a collection container and/or at a location for the
purposes of collection excluding Excluded Waste.
(s) "Edible Food" means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as
otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid
Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR,
Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that
does not meet the food safety requirements of the California Health and Safety
Code, including the California Retail Food Code.
(t) "Enforcement Action" means an action of the City to address non-compliance with
this Chapter including, but not limited to, issuing administrative citations, fines,
penalties, or using other remedies.
(u) "Excluded Waste" means Hazardous Substance, Hazardous Waste, Infectious
Waste, Designated Waste, volatile, corrosive, medical waste, infectious, regulated
radioactive waste, and toxic substances or material that facility operator(s), which
receive materials from the City and its Generators, reasonably believe(s) would,
as a result of or upon acceptance, transfer, processing, or disposal, be a violation
of local, State, or Federal law, regulation, or ordinance, including: land use
restrictions or conditions, waste that cannot be disposed of in Class III landfills or
accepted at the facility by permit conditions, waste that in City, or its Designee's
reasonable opinion would present a significant risk to human health or the
environment, cause a nuisance or otherwise create or expose City, or its Designee,
to potential liability; but not including de minimis volumes or concentrations of
waste of a type and amount normally found in Single-Family or Multi-Family Solid
Waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance with
Sections 41500 and 41802 of the California Public Resources Code.
(v) "Food Distributor" means a company that distributes food to entities including, but
not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14
CCR Section 18982(a)(22).
(w) "Food Facility" has the same meaning as in Section 113789 of the Health and
Safety Code.
(x) "Food Recovery" means actions to collect and distribute food for human
consumption that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
(y) "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
AGMC Chapter 8.33
entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not
limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the
Health and Safety code; and,
(3) A nonprofit charitable temporary Food Facility as defined in Section 113842
of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization
differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall
apply to this Chapter.
(z) "Food Recovery Service" means a person or entity that collects and transports
Edible Food from a Commercial Edible Food Generator to a Food Recovery
Organization or other entities for Food Recovery, or as otherwise defined in 14
CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible
Food Generator for the purposes of this Chapter and implementation of 14 CCR,
Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
(aa) "Food Scraps" means those Discarded Materials that will decompose and/or
putrefy including: (i) all kitchen and table Food Waste; (ii) animal or vegetable
waste that is generated during or results from the storage, preparation, cooking or
handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish
waste; and, (iv) vegetable trimmings, houseplant trimmings and other
Compostable Organic Waste common to the occupancy of Residential dwellings.
Food Scraps are a subset of Food Waste. Food Scraps excludes fats, oils, and
grease when such materials are Source Separated from other Food Scraps.
(bb) "Food Service Provider" means an entity primarily engaged in providing food
services to institutional, governmental, Commercial, or industrial locations of
others based on contractual arrangements with these types of organizations, or as
otherwise defined in 14 CCR Section 18982(a)(27).
(cc) "Food-Soiled Paper" is compostable paper material that has come in contact with
Food Scraps or liquid, such as, but not limited to, compostable paper plates,
napkins, and pizza boxes.
(dd) "Food Waste" means Source Separated Food Scraps and Food-Soiled Paper.
(ee) "Food Waste Self-Hauler" means a Self-Hauler who generates and hauls, utilizing
their own employees and equipment, an average of one cubic yard or more per
AGMC Chapter 8.33
week, or 6,500 pounds or more per quarter of their own Food Waste to a location
or facility that is not owned and operated by that Self-Hauler. Food Waste Self-
Haulers are a subset of Self-Haulers.
(ff) "Generator" means a person or entity that is responsible for the initial creation of
one or more types of Discarded Materials.
(gg) "Grocery Store" means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area
that is not separately owned within the store where the food is prepared and
served, including a bakery, deli, and meat and seafood departments, or as
otherwise defined in 14 CCR Section 18982(a)(30).
(hh) "Hauler Route" means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise defined in 14 CCR
Section 18982(a)(31.5).
(ii) "Hazardous Substance" means any of the following: (a) any substances defined,
regulated or listed (directly or by reference) as "Hazardous Substances",
"hazardous materials", "Hazardous Wastes", "toxic waste", "pollutant", or "toxic
substances", or similarly identified as hazardous to human health or the
environment, in or pursuant to: (i) the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq.
(CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et
seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.;
(iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety
Code §§25115-25117, 25249.8, 25281, and 25316; (vi)the Clean Air Act, 42 USC
§7901 et seq.; and, (vii)California Water Code§13050; (b)any amendments, rules
or regulations promulgated thereunder to such enumerated statutes or acts
currently existing or hereafter enacted; and, (c) any other hazardous or toxic
substance, material, chemical, waste or pollutant identified as hazardous or toxic
or regulated under any other Applicable Law currently existing or hereinafter
enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's
(PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.
(jj) "Hazardous Waste" means all substances defined as Hazardous Waste, acutely
Hazardous Waste, or extremely Hazardous Waste by the State in Health and
Safety Code §25110.02, §25115, and §25117 or in the future amendments to or
recodifications of such statutes or identified and listed as solar panels from
residential premises, and Hazardous Waste by the U.S. Environmental Protection
Agency(EPA), pursuant to the Federal Resource Conservation and Recovery Act
(42 USC §6901 et seq.), all future amendments thereto, and all rules and
regulations promulgated thereunder.
(kk) "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
AGMC Chapter 833
of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent
after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for
Organic Waste received from the "Mixed waste organic collection stream" as
defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR
Section 18982(a)(33).
(II) "Infectious Waste" means (a) equipment, instruments, utensils and other fomites
of a disposable nature from the rooms of patients who are suspected to have or
have been diagnosed as having a communicable disease and must, therefore, be
isolated as required by public health agencies; (b) laboratory wastes, including
pathological specimens(i.e., all tissues, specimens of blood elements, excreta and
secretions obtained from patients or laboratory animals) and disposable fomites
(any substance that may harbor or transmit pathogenic organisms) attendant
thereto; and/or (c) surgical operating room pathologic specimens - including
recognizable anatomical parts, human tissue, anatomical human remains and
disposable materials from hospitals, clinics, outpatient areas and emergency
rooms, as defined in 14 CCR Section 17225.36. .
(mm) "Inspection" means a site visit where a City reviews records, containers, and an
entity's collection, handling, recycling, or landfill disposal of Recyclable Materials,
Organic Waste, Solid Waste or Edible Food handling to determine if the entity is
complying with requirements set forth in this Chapter, or as otherwise defined in
14 CCR Section 18982(a)(35).
(nn) "Large Event" means an event, including, but not limited to, a sporting event or a
flea market, that charges an admission price, or is operated by a local agency, and
serves an average of more than 2,000 individuals per day of operation of the event,
at a location that includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open space when
being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to
this Chapter.
(oo) "Large Venue" means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this Chapter and implementation of
14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a
public, nonprofit, or privately owned or operated stadium, amphitheater, arena,
hall, amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum, theater, or
other public attraction facility. For purposes of this Chapter and implementation of
14 CCR, Division 7, Chapter 12, a site under common ownership or control that
includes more than one Large Venue that is contiguous with other Large Venues
in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39)
differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall
apply to this Chapter.
AGMC Chapter 8.33
(pp) "Local Education Agency" means a school district, charter school, or county office
of education that is not subject to the control of city or county regulations related
to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
(qq) Reserved
(rr) "Multi-Family Residential Dwelling" or "Multi-Family" or "MFD" means of, from, or
pertaining to residential Premises with five(5)or more dwelling units including such
Premises when combined in the same building with Commercial establishments,
that receive centralized, shared, Collection service for all units on the Premises
which are billed to one (1) Customer at one (1) address. Customers residing in
Townhouses, mobile homes, condominiums, or other structures with five (5) or
more dwelling units who receive individual service and are billed separately shall
not be considered Multi-Family. Multi-Family Premises do not include hotels,
motels, or other transient occupancy facilities, which are considered Commercial
Businesses.
(ss) "Notice of Violation (NOV)" means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section
18995.4.
(tt) "Occupant" means the Person who occupies a Premises.
(uu) "Organic Materials" means Yard Trimmings and Food Waste, individually or
collectively that are set aside, handled, packaged, or offered for collection in a
manner different from Solid Waste for the purpose of processing. No Discarded
Material shall be considered to be Organic Materials, however, unless it is
separated from Recyclable Material and Solid Waste. Organic Materials are a
subset of Organic Waste.
(w) "Organic Materials Container" shall be used for the purpose of storage and
collection of Source Separated Organic Materials.
(ww) "Organic Waste" means 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).
(xx) "Owner" means the Person(s) holding legal title to real property and/or any
improvements thereon and shall include the Person(s) listed on the latest
equalized assessment roll of the County Assessor.
(yy) "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).
AGMC Chapter 8.33
(zz) "Printing and Writing Papers" include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars, brochures,
reports, magazines, and publications, or as otherwise defined in 14 CCR Section
18982(a)(54).
(aaa) "Premises" means and includes any land, building and/or structure, or portion
thereof, in the City where Discarded Materials are produced, generated, or
accumulated. All structures on the same legal parcel, which are owned by the
same person shall be considered as one Premises.
(bbb) "Prohibited Container Contaminants" means the following: (i) Discarded Materials
placed in the Recyclable Materials Container that are not identified as acceptable
Source Separated Recyclable Materials for the City's Recyclable Materials
Container; (ii) Discarded Materials placed in the Organic Materials Container that
are not identified as acceptable Source Separated Organic Materials for the City's
Organic Materials Container; (iii) Discarded Materials placed in the Solid Waste
Container that are acceptable Source Separated Recyclable Materials and/or
Source Separated Organic Materials to be placed in City's Organic Materials
Container and/or Recyclable Materials Container; and, (iv) Excluded Waste placed
in any container.
(ccc) "Recovery" means any activity or process described in 14 CCR Section
18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(ddd) "Recyclable Materials" means those Discarded Materials that the Generators set
out in Recyclables Containers for Collection for the purpose of Recycling by the
Service Provider and that exclude Excluded Waste. No Discarded Materials shall
be considered Recyclable Materials unless such material is separated from
Organic Materials, and Solid Waste. For the purpose of collection of Recyclable
Materials through contractor's collection services, recyclable materials shall be
limited to those materials identified by the collection contractor as acceptable
recyclable materials.
(eee) "Recyclable Materials Container' shall be used for the purpose of storage and
collection of Source Separated Recyclable Materials.
(fff) "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).
(ggg) "Residential" shall mean of, from, or pertaining to a Single-Family Premises or
Multi-Family Premises including Single-Family homes, apartments,
condominiums, Townhouse complexes, mobile home parks, and cooperative
apartments.
AGMC Chapter 8.33
(hhh) "Responsible Party" means the Owner, property manager, tenant, lessee,
Occupant, or other designee that subscribes to and pays for Recyclable Materials,
Organic Materials, and/or Solid Waste collection services for a Premises in the
City, or, if there is no such subscriber, the Owner or property manager of a Single-
Family Premises, Multi-Family Premises, or Commercial Premises. In instances of
dispute or uncertainty regarding who is the Responsible Party for a Premises,
Responsible Party shall mean the Owner of a Single-Family Premises, Multi-
Family Premises, or Commercial Premises.
(iii) "Restaurant" means an establishment primarily engaged in the retail sale of food
and drinks for on-Premises or immediate consumption, or as otherwise defined in
14 CCR Section 18982(a)(64).
(jjj) "Route Review" means a visual Inspection of containers along a Hauler Route for the
purpose of determining Container Contamination and may include mechanical.
Inspection methods such as the use of cameras, or as otherwise defined in 14
CCR Section 18982(a)(65).
(kkk) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and
39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing
with Section 42652) to Part 3 of Division 30 of the Public Resources Code,
establishing methane emissions reduction targets in a Statewide effort to reduce
emissions of short-lived climate pollutants as amended, supplemented,
superseded, and replaced from time to time.
(III) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the
purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste
Reduction regulations developed by CalRecycle and adopted in 2020 that created
14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR
and 27 CCR.
(mmm) "Self-Haul" means to act as a Self-Hauler.
(nnn) "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or
Recyclable Material they have generated to another person. Self-hauler also
includes a landscaper, or a person who back-hauls waste. Back-haul means
generating and transporting Recyclable Materials or Organic Waste to a
destination owned and operated by the Generator or Responsible Party using the
Generator's or Responsible Party's own employees and equipment.
(000) "Service Level" refers to the size of a Customer's Container and the frequency of
Collection service.
(ppp) "Single-Family" or "SFD" refers to any detached or attached house or residence
of four(4) units or less designed or used for occupancy by one(1)family, provided
that Collection service feasibly can be provided to such Premises as an
independent unit, and the Owner or Occupant of such independent unit is billed
AGMC Chapter 8.33
directly for the Collection service. Single-Family includes Townhouses, and each
independent unit of duplex, tri-plex, or four-plex Residential structures, regardless
of whether each unit is separately billed for their specific Service Level.
(qqq) "Solid Waste" has the same meaning as defined in State Public Resources Code
Section 40191, which defines Solid Waste as all putrescible and non-putrescible
solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper,
rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial appliances, dewatered,
treated, or chemically fixed sewage sludge which is not hazardous waste, manure,
vegetable or animal solid and semi-solid wastes, and other discarded solid and
semisolid wastes, with the exception that Solid Waste does not include any of the
following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section
40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of
the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management
Act(Part 14 (commencing with Section 117600)of Division 104 of the State
Health and Safety Code). Untreated medical waste shall not be disposed of
in a Solid Waste landfill, as defined in State Public Resources Code Section
40195.1. Medical waste that has been treated and deemed to be Solid
Waste shall be regulated pursuant to Division 30 of the State Public
Resources Code.
(4) Recyclable Materials, Organic Materials, and Construction and Demolition
Debris when such materials are Source Separated.
Notwithstanding any provision to the contrary, Solid Waste may include de minimis
volumes or concentrations of waste of a type and amount normally found in
Residential Solid Waste after implementation of programs for the safe Collection,
Recycling, treatment, and Disposal of household hazardous waste in compliance
with Section 41500 and 41802 of the California Public Resources Code as may be
amended from time to time. Solid Waste includes salvageable materials only when
such materials are included for Collection in a Solid Waste Container not Source
Separated from Solid Waste at the site of generation.
(rrr) "Solid Waste Container" shall be used for the purpose of storage and collection of
Solid Waste.
(sss) "Source Separated" or"Source-Separated (materials)" means materials, including
commingled Recyclable Materials and Organic Materials, that have been
separated or kept separate from the Solid Waste stream, at the point of generation,
for the purpose of additional sorting or processing those materials for recycling or
AGMC Chapter 8.33
reuse in order to return them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products, which meet the quality
standards necessary to be used in the marketplace, or as otherwise defined in 14
CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated
shall include separation of materials by the Generator, Responsible Party, or
Responsible Party's employee, into different containers for the purpose of
collection such that Source-Separated materials are separated from Solid Waste
for the purposes of collection and processing.
(ttt) "Source Separated Organic Materials" means Organic Materials that are Source
Separated and placed in an Organic Materials Container.
(uuu) "Source Separated Recyclable Materials" means Recyclable Materials that are
Source Separated and placed in a Recyclable Materials Container.
(Wv) "State" means the State of California.
(www)"Supermarket" means a full-line, self-service retail store with gross annual sales of
two million dollars ($2,000,000), or more, and which sells a line of dry grocery,
canned goods, or nonfood items and some perishable items, or as otherwise
defined in 14 CCR Section 18982(a)(71).
(xxx) "Tier One Commercial Edible Food Generator' means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square
feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(73) shall apply to this Chapter.
(yyy) "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.
AGMC Chapter 8.33
(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(74) shall apply to this Chapter.
(777) "Ton" or"Tonnage" means a unit of measure for weight equivalent to two thousand
(2,000) standard pounds where each pound contains sixteen (16) ounces.
(aaaa)'Wholesale Food Vendor" means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and
vegetables) is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined in 14 CCR
Section 189852(a)(76.
(bbbb) "Yard Trimming" or "Green Waste" means those Discarded Materials that will
decompose and/or putrefy, including, but not limited to, green trimmings, grass,
weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees,
small pieces of unpainted and untreated wood. Yard Trimmings does not include
items herein defined as Excluded Waste. Yard Trimmings are a subset of Organic
Materials. Acceptable Yard Trimmings may be added to or removed from this list
from time to time by mutual consent or at the sole discretion of the City.
Section 8.33.040. Requirements for Single-Family Premises
(a) Except Responsible Parties of Single-Family Premises that meet the Self-Hauler
requirements in Section 8.33.110 of this Chapter, Responsible Parties of Single-
Family Premises shall comply with the following requirements:
(1) Subscribe to and pay for City's three-container collection services for
weekly collection of Recyclable Materials, Organic Materials, and Solid
Waste generated by the Single-Family Premises and comply with
requirements of those services as described below in Section 4(a)(2). City
and its Designee(s) shall have the right to review the number and size of a
Generator's containers to evaluate adequacy of capacity provided for each
type of collection service for proper separation of materials and containment
of materials. The Responsible Parties for Single-Family Premises shall
adjust their Service Level for their collection services as requested by the
City.
AGMC Chapter 8.33
(2) Participate in the City's three-container collection service(s) in the manner
described below.
(A) Place, or, if Responsible Party is not an occupant of the Single-
Family Premises, direct its Generators to place, Source Separated
Organic Materials, including Food Waste, in the Organic Materials
Container; Source Separated Recyclable Materials in the Recyclable
Materials Container; and Solid Waste in the Solid Waste Container.
(B) Not place, or, if Responsible Party is not an occupant of the Single-
Family Premises direct its Generators to not place Prohibited
Container Contaminants in collection containers and not place
materials designated for the Organic Materials Containers or
Recyclable Materials Containers in the Solid Waste Containers.
(b) Nothing in this Section prohibits a Responsible Party or Generator of a Single-
Family Premises from preventing or reducing Discarded Materials generation,
managing Organic Waste on site, and/or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
Section 8.33.050. Requirements for Multi-Family Residential Dwellings
(a) Responsible Parties of Multi-Family Premises shall provide or arrange for
Recyclable Materials, Organic Materials, and Solid Waste collection services
consistent with this Chapter and for employees, contractors, and tenants.
Responsible Parties of Multi-Family Premises may receive waivers pursuant to
Section 8.33.070 for some requirements of this Section.
(b) Except for Responsible Parties of Multi-Family Premises that meet the Self-Hauler
requirements in Section 8.33.110 of this Chapter, including hauling services
arranged through a landscaper, Responsible Parties of Multi-Family Premises
shall:
(1) Subscribe to and pay for City's three or more-container collection services
and comply with requirements of those services for all Recyclable Materials,
Organic Materials, and Solid Waste generated at the Multi-Family Premises
as further described below in this Section. City and its Designee(s) shall
have the right to review the number and size of the Multi-Family Premises'
collection containers and frequency of collection to evaluate adequacy of
capacity provided for each type of collection service for proper separation
of materials and containment of materials.The Responsible Party of a Multi-
Family Premises shall adjust their Service Level for their collection services
as requested by the City or its Designee.
(2) Participate in the City's three or more-container collection service(s) for at
least weekly collection of Recyclable Materials, Organic Materials, and
Solid Waste in the manner described below.
AGMC Chapter 8.33
(A) Place and/or direct its Generators to place Source Separated
Organic Materials, including Food Waste, in the Organic Materials
Container; Source Separated Recyclable Materials in the Recyclable
Materials Container; and Solid Waste in the Solid Waste Container.
(B) Not place and/or direct its Generators to not place Prohibited
Container Contaminants in collection containers and to not place
materials designated for the Organic Materials Containers or
Recyclable Materials Containers in the Solid Waste Containers.
(3) Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors for employees, contractors,
tenants, and customers, consistent with City's Recyclable Materials
Container, Organic Materials Container, and Solid Waste Container
collection service or, if Self-Hauling, consistent with the Multi-Family
Premises' approach to complying with Self-Hauler requirements in Section
8.33.110 of this Chapter.
(4) Annually provide information to employees, contractors, tenants, and
customers about Recyclable Materials and Organic Waste Recovery
requirements and about proper sorting of Recyclable Materials, Organic
Materials, and Solid Waste.
(5) Provide education information before or within fourteen (14) days of
occupation of the Premises to new tenants that describes requirements to
Source Separate Recyclable Materials and Organic Materials and to keep
Source Separated Organic Materials and Source Separated Recyclable
Materials separate from each other and from Solid Waste(when applicable)
and the location of containers and the rules governing their use at each
property.
(6) Provide or arrange access for City and/or its Designee(s) to their properties
during all Inspections conducted in accordance with this Chapter to confirm
compliance with the requirements of this Chapter.
(c) If the Responsible Party of a Multi-Family Premises wants to Self-Haul, meet the
Self-Hauler requirements in Section 8.33.110 of this Chapter.
(d) Multi-family Premises that generate two (2) cubic yards or more of total Solid
Waste, Recyclable Materials, and Organic Materials per week (or other threshold
defined by the State) that arrange for gardening or landscaping services shall
require that the contract or work agreement between the Owner, Occupant, or
operator of a Multi-Family Premises and a gardening or landscaping service
specifies that the designated organic materials generated by those services be
managed in compliance with this chapter.
(e) Nothing in this Section prohibits a Responsible Party or Generator of a Multi-Family
Premises from preventing or reducing Discarded Materials generation, managing
AGMC Chapter 8.33
Organic Waste on site, or using a Community Composting site pursuant to 14 CCR
Section 18984.9(c).
Section 8.33.060. Requirements for Commercial Businesses
(a) Responsible Parties of Commercial Businesses shall provide or arrange for
Recyclable Materials, Organic Materials, and Solid Waste collection services
consistent with this Chapter and for employees, contractors, tenants, and
customers. Responsible Parties of Commercial Premises may receive waivers
pursuant to Section 8.33.070 for some requirements of this Section.
(b) Except Responsible Parties of Commercial Businesses that meet the Self-Hauler
requirements in Section 8.33.110 of this Chapter, including hauling services
arranged through a landscaper, Responsible Parties of Commercial Premises
shall:
(1) Subscribe to and pay for City's three or more-container collection services
and comply with requirements of those services for all Recyclable Materials,
Organic Materials, and Solid Waste generated at the Commercial Premises
as further described below in this Section. City and its Designee(s) shall
have the right to review the number and size of a Commercial Premises'
containers and frequency of collection to evaluate adequacy of capacity
provided for each type of collection service for proper separation of
materials and containment of materials. The Responsible Party of the
Commercial Business shall adjust their Service Level for their collection
services as requested by the City or its Designee.
(2) Participate in the City's three or more-container collection service(s) for at
least weekly collection of Recyclable Materials, Organic Materials, and
Solid Waste in the manner described below.
(A) Place and/or direct its Generators to place Source Separated
Organic Materials, including Food Waste, in the Organic Materials
Container; Source Separated Recyclable Materials in the Recyclable
Materials Container; and Solid Waste in the Solid Waste Container.
(B) Not place and/or direct its Generators to not place Prohibited
Container Contaminants in collection containers and to not place
materials designated for the Organic Materials Containers or
Recyclable Materials Containers in the Solid Waste Containers.
(3) Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors (conforming with Sections
8.33.060(b)(4)(A)) and 8.33.060(b)(4)(B) below) for employees,
contractors, tenants, and customers, consistent with City's Recyclable
Materials Container, Organic Materials Container, and Solid Waste
Container collection service or, if Self-Hauling, consistent with the
AGMC Chapter 8.33
Commercial Premises' approach to complying with Self-Hauler
requirements in Section 8.33.110 of this Chapter.
(4) Provide containers for customers for the collection of Source Separated
Recyclable Materials and Source Separated Organic Materials in all indoor
and outdoor areas where Solid Waste containers are provided for
customers, for materials generated by that Commercial Business. Such
containers shall be visible and easily accessible. Such containers do not
need to be provided in restrooms. If a Commercial Business does not
generate any of the materials that would be collected in one type of
container, as demonstrated through an approved de minimis waiver per
Section 8.33.070(a), then the Responsible Party of the Commercial
Business does not have to provide that particular container in all areas
where Solid Waste containers are provided for customers. Pursuant to 14
CCR Section 18984.9(b), the containers provided by the Responsible Party
of the Commercial Business shall have either:
(A) A body or lid that conforms with the container colors provided through
the collection service provided by City, with either lids conforming to
the color requirements or bodies conforming to the color
requirements or both lids and bodies conforming to color
requirements. The Responsible Party of the Commercial Business is
not required to replace functional containers that do not comply with
the requirements of this subsection prior to whichever of the following
comes first: (i) the end of the useful life of those containers, or (ii)
January 1, 2036.
(B) Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and
primary materials prohibited in the container. Pursuant 14 CCR
Section 18984.8,the container labeling requirements are required on
new containers commencing January 1, 2022.
(5) To the extent practical through education, training, Inspection, and/or other
measures, prohibit employees from placing materials in a container not
designated for those materials per the City's Recyclable Materials
Container, Organic Materials Container, and Solid Waste collection service
or, if Self-Hauling, per the instructions of the Commercial Business's
Responsible Party to support its compliance with Self-Hauler requirements
in Section 8.33.110 of this Chapter.
(6) Periodically inspect Recyclable Materials Containers, Organic Materials
Containers, and Solid Waste Containers for contamination and inform
employees if containers are contaminated and of the requirements to keep
AGMC Chapter 8.33
contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
(7) Annually provide information to employees, contractors, tenants, and
customers about Recyclable Materials and Organic Waste Recovery
requirements and about proper sorting of Recyclable Materials, Organic
Materials, and Solid Waste.
(8) Provide education information before or within fourteen (14) days of
occupation of the Premises to new tenants that describes requirements to
Source Separate Recyclable Materials and Organic Materials and to keep
Source Separated Organic Materials and Source Separated Recyclable
Materials separate from each other and from other Solid Waste(when
applicable) and the location of containers and the rules governing their use
at each property.
(9) Provide or arrange access for City or its Designee to their properties during
all Inspections conducted in accordance with this Chapter to confirm
compliance with the requirements of this Chapter.
(c) If the Responsible Party of a Commercial Business wants to Self-Haul, meet the
Self-Hauler requirements in Section 8.33.110 of this Chapter.
(d) Nothing in this Section prohibits a Responsible Party or a Generator of a
Commercial Business from preventing or reducing Discarded Materials
generation, managing Organic Waste on site, or using a Community Composting
site pursuant to 14 CCR Section 18984.9(c).
(e) Responsible Parties of Commercial Businesses that are Tier One or Tier Two
Commercial Edible Food Generators shall comply with Food Recovery
requirements, pursuant to Section 8.33.080 of this Chapter.
Section 833.070. Waivers for Multi-Family Premises and Commercial Premises
(a) De Minimis Waivers for Multi-Family Premises and Commercial Premises. The
City's Designee, or the City if there is no Designee, may waive a Responsible
Party's obligation to comply with some or all Recyclable Materials and Organic
Waste requirements of this Chapter if the Responsible Party of the Commercial
Business or Multi-Family Premises provides documentation that the Commercial
Business or Multi-Family Premises meets one of the criteria in subsections (1) and
(2) below. For the purposes of subsections (1) and (2), the total Solid Waste shall
be the sum of weekly container capacity measured in cubic yards for Solid Waste,
Recyclable Materials, and Organic Materials collection service. Hauling through
paper shredding service providers or other incidental services may be considered
in granting a de minimis waiver.
(1) The Commercial Business's or Multi-Family Premises' total Solid Waste
collection service is two (2) cubic yards or more per week and Recyclable
AGMC Chapter 8.33
Materials and Organic Materials subject to collection in Recyclable
Materials Container(s) or Organic Materials Container(s) comprises less
than twenty (20) gallons per week per applicable material stream of the
Multi-family Premises' or Commercial Business's total waste (i.e.,
Recyclable Materials in the Recyclable Materials stream are less than
twenty (20) gallons per week or Organic Materials in the Organic Materials
stream are less than twenty (20) gallons per week); or,
(2) The Commercial Business's or Multi-Family Premises' total Solid Waste
collection service is less than two (2) cubic yards per week and Recyclable
Materials and Organic Materials subject to collection in a Recyclable
Materials Container(s) or Organic Materials Container(s) comprises less
than ten (10) gallons per week per applicable material stream of the Multi-
family Premises' or Commercial Business's total waste (i.e., Recyclable
Materials in the Recyclable Materials stream are less than ten (10) gallons
per week or Organic Materials in the Organic Materials stream are less than
ten (10) gallons per week).
(b) Physical Space Waivers. The City's Designee, or the City if there is no Designee,
may waive a Commercial Business's or Multi-Family Premises' obligation to
comply with some or all of the Recyclable Materials and/or Organic Waste
collection service requirements if the City or its Designee has evidence from its
own staff, a hauler, licensed architect, or licensed engineer demonstrating that the
Premises lacks adequate space for Recyclable Materials Containers and/or
Organic Materials Containers required for compliance with the Recyclable
Materials and Organic Materials collection requirements of Section 8.33.050 or
8.33.060 as applicable.
(c) Review and Approval of Waivers. Waivers shall be granted to Responsible Parties
by the City's Designee, or the City if there is no Designee, according to the
following process:
(1) Responsible Parties of Premises seeking waivers shall submit a completed
application form to the City's Designee, or the City if there is no Designee,
for a waiver specifying the waiver type requested, type(s) of collection
services for which they are requesting a waiver, the reason(s) for such
waiver, and documentation supporting such request.
(2) Upon waiver approval, the City's Designee, or the City if there is no
Designee, shall specify that the waiver is valid for the following duration:
(i) For Commercial Premises, five (5) years, or if property ownership
changes, or if occupancy changes, whichever occurs first.
(ii) For Multi-Family Premises, five (5) years, or if property ownership
changes, or if the property manager changes, whichever occurs first.
AGMC Chapter 8.33
(3) Waiver holder shall notify City's Designee, or the City if there is no
Designee, if circumstances change such that Commercial Business's or
Multi-Family Premises' may no longer qualify for the waiver granted, in
which case waiver will be rescinded.
(4) Any waiver holder must cooperate with the City and/or its Designee for any
on-site assessment of the appropriateness of the waiver.
(5) Waiver holder shall reapply to the City's Designee, or the City if there is no
Designee, for a waiver upon the expiration of the waiver period and shall
submit any required documentation, and/or fees/payments as required by
the City and/or its Designee. Failure to submit a completed application shall
equate to an automatic denial of said application.
(6) The City's Designee, or the City if there is no Designee, may revoke a
waiver upon a determination that any of the circumstances justifying a
waiver are no longer applicable.
(7) If the City's Designee does not approve a waiver application or revokes a
waiver, the City may appeal the decision for additional review by the
Designee. The City may also, after meeting and conferring with the
Designee, direct the Designee to approve the waiver application and/or
repeal the revocation of the waiver.
Section 8.33.080. Requirements for Commercial Edible Food Generators
(a) Tier One Commercial Edible Food Generators must comply with the requirements
of this Section commencing January 1, 2022, and Tier Two Commercial Edible
Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR
Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing
for food to be provided by others, shall require Food Facilities operating at the
Large Venue or Large Event to comply with the requirements of this Section,
commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would
otherwise be disposed. Food that is donated shall be free from adulteration,
spoilage, and meet the food safety standards of the California Health and
Safety Code. Food cannot be donated if it is not in compliance with the food
safety standards of the California Health and Safety Code, including food
that is returned by a customer, has been served or sold and in the
possession of a consumer, or is the subject of a recall.
(2) Contract with or enter into a written agreement with Food Recovery
Organizations or Food Recovery Services for: (i) the collection of Edible
AGMC Chapter 8.33
Food for Food Recovery; or, (ii) acceptance of the Edible Food that the
Commercial Edible Food Generator Self-Hauls to the Food Recovery
Organization for Food Recovery.
(3) Not intentionally spoil Edible Food that is capable of being recovered by a
Food Recovery Organization or a Food Recovery Service.
(4) Allow City's designated enforcement entity or designated third party
enforcement entity to access the Premises and review records pursuant to
14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or
receives its Edible Food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14
CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food
Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or Self-Hauled to
the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or Self-
Hauled.
(iv) The quantity of food, measured in pounds recovered per
month, collected or Self-Hauled to a Food Recovery Service
or Food Recovery Organization for Food Recovery.
(6) Maintain records required by this section for five (5) years.
(7) No later than January 31 of each year commencing no later than January
31, 2023 for Tier One Commercial Edible Food Generators and January 31,
2025 for Tier Two Commercial Edible Food Generators, provide an annual
Food Recovery report to the City or its Designee that includes the following
information:
(i) The amount, in pounds, of edible food donated to a Food
Recovery Service or Food Recovery Organization annually;
and,
AGMC Chapter 8.33
(ii) The amount, in pounds of edible food rejected by a Food
Recovery Service or Food Recovery Organization annually.
(iii) Any additional information required by the City Manager or
his or her Designee.
(d) Nothing in this Chapter shall be construed to limit or conflict with the protections
provided by the California Good Samaritan Food Donation Act of 2017,the Federal
Good Samaritan Act, or share table and school food donation guidance pursuant
to Senate Bill 557 of 2017 (approved by the Governor of the State of California on
September 25, 2017, which added Article 13 [commencing with Section 49580] to
Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend
Section 114079 of the Health and Safety Code, relating to food safety, as
amended, supplemented, superseded and replaced from time to time).
Section 8.33.090. 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, oras otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible
Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial
Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
(4) The name, address, and contact information for each Food Recovery
Organization that the Food Recovery Service transports Edible Food to for
Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible
Food Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial
Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery
Service that the organization receives Edible Food from for Food Recovery.
AGMC Chapter 8.33
(c) Maintain records required by this section for five years.
(d) Food Recovery Organizations and Food Recovery Services that have their primary
address physically located in the City and contract with or have written agreements
with one or more Commercial Edible Food Generators pursuant to 14 CCR Section
18991.3(b) shall report to the City it is located in and the City's Designee, if
applicable,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). The annual report shall be submitted to the City and the City's
Designee, if applicable, no later than January 31 of each year.
(e) In order to support Edible Food Recovery capacity planning assessments or other
studies conducted by the City that provides Solid Waste collection services, or its
designated entity, Food Recovery Services and Food Recovery Organizations
operating in the City shall provide information and consultation to the City and
City's Designee, if applicable, 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 and/or its Designee shall respond to such
request for information within 60 days, unless a shorter timeframe is otherwise
specified by the City.
(f) Food Recovery Organizations and Food Recovery Services that have their primary
address physically located in the City and contract with or have written agreements
with one or more Commercial Edible Food Generators shall include language in
all agreements with Tier 1 and Tier 2 edible food generators located in the City
identifying and describing the California Good Samaritan Act of 2017.
(g) Nothing in this chapter prohibits a Food Recovery Organization or Food Recovery
Service from refusing to accept Edible Food from a Commercial Edible Food
Generator.
Section 8.33.100. Requirements for Haulers and Facility Operators
(a) Requirements for Haulers
(1) Franchise hauler(s) providing Recyclable Materials, Organic Waste, and/or
Solid Waste collection services to Generators within the City's boundaries
shall meet the following requirements and standards as a condition of
approval of its contract, agreement, permit, or other authorization with the
City to collect Recyclable Materials, Organic Materials, and/or Solid Waste:
(A) Through written notice to the City annually on or before January 31st
of each year, identify the facilities to which they will transport
Discarded Materials, including facilities for Source Separated
Recyclable Materials, Source Separated Organic Materials, and
AGMC Chapter 8.33
Solid Waste unless otherwise stated in the franchise agreement,
contract, permit, or license, or other authorization with the City.
(B) Transport Source Separated Recyclable Materials to a facility that
recovers those materials; transport Source Separated Organic
• Materials to a facility, operation, activity, or property that recovers
Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article
2; transport Solid Waste to a disposal facility or transfer facility or
operation that processes or disposes of Solid Waste; and transport
manure to a facility that manages manure in conformance with 14
CCR Article 12 and such that the manure is not landfilled, used as
Alternative Daily Cover (ADC), or used as Alternative Intermediate
Cover(AIC).
(C) Obtain approval from the City to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community
Composting site or lawfully transporting C&D in a manner that
complies with 14 CCR Section 18989.1, Section 8.33.110 of this
Chapter, and any other applicable City requirements.
(2) Franchise hauler(s) authorized to collect Recyclable Materials, Organic
Materials, and/or Solid Waste shall comply with education, equipment,
signage, container labeling, container color, contamination monitoring,
reporting, and other requirements contained within its franchise agreement,
permit, or other agreement entered into with City.
(b) Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities located in the City's
boundaries that recover Organic Waste, including, but not limited to,
Compost facilities, in-vessel digestion facilities, and publicly-owned
treatment works shall, upon City request, provide information regarding
available and potential new or expanded capacity at their facilities,
operations, and activities, including information about throughput and
permitted capacity necessary for planning purposes. Entities contacted by
the City shall respond within 60 days.
(2) Community Composting operators with operations located in the City's
boundaries, upon City request, shall provide information to the City to
support Organic Waste capacity planning, including, but not limited to, an
estimate of the amount of Organic Waste anticipated to be handled at the
Community Composting operation. Entities contacted by the City shall
respond within 60 days.
(3) Owners of facilities, operations, and activities located in the City's
boundaries that receive Recyclable Materials, Organic Materials, and/or
AGMC Chapter 8.33
Solid Waste shall provide to the City on a quarterly basis copies of all reports
they are required to report to CalRecycle under 14 CCR.
Section 8.33.110. Self-Hauler Requirements
(a) Every Self-Hauler shall Source Separate its Recyclable Materials and Organic
Materials (materials that City otherwise requires Generators or Responsible
Parties to separate for collection in the City's Recyclable Materials and Organic
Materials collection program) generated on-site from Solid Waste in a manner
consistent with 14 CCR Section 18984.1 and the City's collection program. Self-
Haulers shall deliver their materials to facilities described in subsection (b) below.
Alternatively, Self-Haulers may or choose not to Source Separate Recyclable
Materials and Organic Materials and shall haul its Solid Waste (that includes
Recyclable Materials and Organic Materials) to a High Diversion Organic Waste
Processing Facility subject to advance written approval by the City.
(b) Self-Haulers that Source Separate their Recyclable Materials and Organic
Materials shall haul their Source Separated Recyclable Materials to a facility that
recovers those materials; haul their Source Separated Organic Waste to a facility,
operation, activity, or property that processes or recovers Source Separated
Organic Waste; and, haul their Solid Waste to a disposal facility or transfer facility
or operation that processes or disposes of Solid Waste.
(c) Self-Haulers that are Responsible Parties of Commercial Businesses or Multi-
Family Premises shall keep records of the amount of Recyclable Materials,
Organic Waste, and Solid Waste delivered to each facility, operation, activity, or
property that processes or recovers Recyclable Materials and Organic Waste and
processes or disposes of Solid Waste or shall keep records of Solid Waste
delivered to High Diversion Organic Waste Processing Facilities. These records
shall be subject to review by the City and/or its Designee(s). The records shall
include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the Recyclable
Materials, Organic Materials, and Solid Waste.
(2) The amount of material in cubic yards or Tons transported by the Generator
or Responsible Party to each entity.
(3) If the material is transported to an entity that does not have scales on-site
or employs scales incapable of weighing the Self-Hauler's vehicle in a
manner that allows it to determine the weight of materials received, the Self-
Hauler is not required to record the weight of material but shall keep a record
of the entities that received the Recyclable Materials, Organic Materials,
and Solid Waste.
(d) Self-Haulers shall retain all records and data required to be maintained by this
Section for no less than five (5) years after the Recyclable Materials, Organic
AGMC Chapter 8.33
Materials, and/or Solid Waste was first delivered to the facility accepting the
material.
(e) Self-Haulers that are Commercial Businesses or Multi-Family Premises shall
provide copies of records required by this Section to City if requested by the City
Manager and shall provide the records at the frequency requested by the.
(e) A Single-Family Generator or Single-Family Responsible Party that Self-Hauls
Recyclable Materials, Organic Waste, or Solid Waste is not required to record or
report information in Section 8.33.110(c) and (d).
(f) Pursuant to 14 CCR Section 18815.9, Food Waste Self-Haulers are required to
maintain records and report to CalRecycle information on the Tons of Food Waste
Self-Hauled and the facilities or each use of such material. Food Waste Self-
Haulers shall provide to the City on a quarterly basis copies of all reports they are
required to report to CalRecycle.
Section 8.33.120. Inspections and Investigations
(a) City representatives or its Designee(s) 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, Responsible Parties of Single-Family Premises,
Responsible Parties of Commercial Businesses, Responsible Parties of Multi-
Family Premises, Commercial Edible Food Generators, haulers, Self-Haulers,
Food Recovery Services, and Food Recovery Organizations, subject to applicable
laws. This Section does not allow City or its Designee to enter the interior of a
private residential property for Inspection.
(b) Entities regulated by this Chapter shall provide or arrange for access during all
Inspections (with the exception of residential property interiors) and shall
cooperate with the City's representative or it's Designee during such Inspections
and investigations. Such Inspections and investigations may include confirmation
of proper placement of materials in containers, inspection of Edible Food Recovery
activities, review of required records, or other verification or Inspection to confirm
compliance with any other requirement of this Chapter. Failure of a Responsible
Party to provide or arrange for: (i) access to an entity's Premises; or(ii) access to
records for any Inspection or investigation is a violation of this Chapter and may
result in penalties described in Section 8.33.130.
(c) Any records obtained by a City or its Designee during its Inspections, and other
reviews shall be subject to the requirements and applicable disclosure exemptions
of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives or their Designee are authorized to conduct any Inspections,
or other investigations as reasonably necessary to further the goals of this Chapter,
subject to applicable laws.
AGMC Chapter 8.33
(e) City or its Designee shall receive written complaints from persons regarding an
entity that may be potentially non-compliant with SB 1383 Regulations, including
receipt of anonymous complaints.
(f) City representatives and/or their Designee are authorized to provide informational
notices to entities regulated by this Chapter regarding compliance with this
Chapter.
Section 8.33.130. Enforcement
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of
a Notice of Violation and assessment of a fine by a City Enforcement Official or
representative. Enforcement Actions under this Chapter are issuance of an
administrative citation and assessment of a fine. The City's procedures on
imposition of administrative fines as specified in Chapter 1.18 of this Code are
hereby incorporated in their entirety, as modified from time to time, and shall
govern the imposition, enforcement, collection, and review of administrative
citations issued to enforce this Chapter and any rule or regulation adopted
pursuant to this Chapter, except as otherwise indicated in this Chapter.
(b) Other remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. City may pursue civil actions in the California courts
to seek recovery of unpaid administrative citations. City may choose to delay court
action until such time as a sufficiently large number of violations, or cumulative
size of violations exist such that court action is a reasonable use of City staff and
resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by the City
Enforcement Official, which may be the City Manager or his or her
designated entity, legal counsel, or combination thereof.
(2) City Enforcement Official(s) may issue Notices of Violation(s).
(d) Process for Enforcement
(1) City Enforcement Officials and/or their Designee will monitor compliance
with the ordinance through Compliance Reviews, Route Reviews,
investigation of complaints, and an Inspection program. City Enforcement
Officials and/or their designee may also monitor compliance with the
ordinance randomly. Section 8.33.120 and AGMC Section 1.18.030
establishes City's right to conduct Inspections and investigations.
(2) City may issue an official notification to notify regulated entities of its
obligations under this Chapter.
AGMC Chapter 833
(3) For incidences of Prohibited Container Contaminants found in containers,
City or its designee will issue an informational notice of contamination to
any Generator or Responsible Party 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 5 days after determining that a violation
has occurred. If the City or its Designee observes Prohibited Container
Contaminants in a Responsible Party's containers on more than two (2)
consecutive occasion(s), the City may assess contamination processing
fees or contamination penalties on the Generator.
(4) With the exception of violations of contamination of container contents
addressed under Section 8.33.130(k), City shall issue a Notice of Violation
requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the
Notice of Violation, City shall commence an action to impose penalties, via
an administrative citation and fine, pursuant to AGMC Chapter 1.18 and this
Chapter.
Notices shall be sent to `owner" at the official address of the owner
maintained by the tax collector for the County Assessor or if no such
address is available, to the owner at the address of the Multi-Family
Premises or Commercial Premises or to the Responsible Party for the
collection services, depending upon available information.
(e) Penalty Amounts for Types of Violations
The penalty amounts for violations are as follows:
(1) For a first violation, the amount of the penalty shall be $50.
(2) For a second violation, the amount of the penalty shall be $100.
(3) For a third or subsequent violation, the amount of the penalty shall be $250
per violation.
(f) Factors Considered in Imposing Penalties.
The following factors shall be used when imposing penalties for violations::
(1) The nature, circumstances, and severity of the violation(s).
(2) The violator's ability to pay.
(3) The willfulness of the violator's misconduct.
AGMC Chapter 8.33
(4) Whether the violator took measures to avoid or mitigate violations of this
chapter.
(5) Evidence of any economic benefit resulting from the violation(s).
(6) The deterrent effect of the penalty on the violator.
(7) Whether the violation(s) were due to conditions outside the control of the
violator.
(g) Compliance Deadline Extension Considerations
City may extend the compliance deadlines set forth in a Notice of Violation issued
in accordance with this Section if it finds that there are extenuating circumstances
beyond the control of the respondent that make compliance within the deadlines
impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other
emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency
approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food
Recovery capacity and the City is under a corrective action plan with
CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process
Persons receiving an administrative citation containing a penalty for an
uncorrected violation may request a hearing to appeal the citation. A hearing will
be held only if it is requested within the time prescribed and consistent with City's
procedures in AGMC Chapter 1.18 for appeals of administrative citations.
Evidence may be presented at the hearing. The City will appoint a hearing officer
who shall conduct the hearing and issue a final written order.
(i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City or its Designee
will conduct Inspections, Route Reviews or waste evaluations, and Compliance
Reviews, depending upon the type of regulated entity, to determine compliance,
and if City or its Designee determines that Generator, Responsible Party, Self-
Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance, it shall
provide educational materials to the entity describing its obligations under this
Chapter and a notice that compliance is required by January 1, 2022, and that
violations may be subject to administrative civil penalties starting on January 1,
2024.
AGMC Chapter 833
(j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that a Generator, Responsible
Party, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food
Generator, Food Recovery Organization, Food Recovery Service, or other entity
is not in compliance with this Chapter, it shall document the noncompliance or
violation, issue a Notice of Violation, and take Enforcement Action pursuant to this
Section, as needed.
(k) Enforcement Table
Table 1. List of Violations
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Commercial Business Multi- Responsible Party for a Commercial Business or Multi
Family Premises Family Premises fails to provide or arrange for Organic
Responsibility Requirement Waste collection services consistent with City
Sections 8.33.050 and requirements and as outlined in this Chapter, for
8.33.060 employees, contractors, tenants, and customers,
including supplying and allowing access to adequate
numbers, size, and location of containers and
sufficient signage and container color.
Organic Waste Generator or Organic Waste Generator or Responsible Party fails
Responsible Party to comply with requirements pursuant to this Chapter.
Requirement
Section 8.33.040, 8.33.050,
and 8.33.060
Hauler Requirement A hauler providing Single-Family, Multi-Family or
Section 8.33.100 Commercial collection service fails to transport
Discarded Materials to a facility, operation, activity, or
property that recovers Organic Waste, as prescribed
by this Chapter.
Hauler Requirement A hauler providing Single-Family, Multi-Family or
Section 8.33.100 Commercial Recyclable Materials, Organic Materials,
or Solid Waste collection service fails to obtain
applicable approval issued by the City to haul
Recyclable Materials, Organic Materials, or Solid
Waste as prescribed by this Chapter.
AGMC Chapter 8.33
Requirement Description f Violation
Hauler Requirement A hauler fails to keep a record of the applicable
Section 8.33.100 documentation of its approval by the City, as
prescribed by this Chapter.
Self-Hauler Requirement A Generator or Responsible Party who is a Self-
Section 8.33.110 Hauler fails to comply with the requirements of this
Chapter.
Commercial Edible Food Tier One Commercial Edible Food Generator fails to
Generator Requirement arrange to recover the maximum amount of its Edible
Section 8.33.080 Food that would otherwise be disposed by establishing
a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and/or fails to
comply with other requirement of this Chapter
commencing Jan. 1, 2022.
Commercial Edible Food Tier Two Commercial Edible Food Generator fails to
Generator Requirement arrange to recover the maximum amount of its Edible
Section 8.33.080 Food that would otherwise be disposed by establishing
a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and/or fails to
comply with other requirements of this Chapter
commencing Jan. 1, 2024.
Commercial Business Failure to provide or arrange for access to an entity's
Responsible Party, Multi- Premises for any Inspection or investigation.
Family Premises
Responsible Party,
Commercial Edible Food
Generator, Food Recovery
Organization or Food
Recovery Service
Sections 8.33.050, 8.33.060,
8.33.080, and 8.33.090
Record keeping Tier One or Tier Two Commercial Edible Food
Requirements for Generator fails to keep records, as prescribed by
Commercial Edible Food Section 8.33.080 of this Chapter.
Generator
Section 8.33.080
AGMC Chapter 8.33
Requirement Description of Violation
Recordkeeping A Food Recovery Organization or Food Recovery
Requirements for Food Service that has established a contract or written
Recovery Services and Food agreement to collect or receive Edible Food directly
Recovery Organizations from a Commercial Edible Food Generator pursuant
Section 8.33.090 to 14 CCR Section 18991.3(b) fails to keep records,
as prescribed by Section 8.33.090 of this Chapter.
EXHIBIT B
CITY OF ARROYO GRANDE
ARROYO GRANDE MUNICIPAL CODE CHAPTER 15.06
SB 1383 CALGREEN RECYCLING AND MODEL
WATER EFFICIENT LANDSCAPING ORDINANCE
REQUIREMENTS
TABLE OF CONTENTS
Section 15.06.010. Purpose, Findings and Conflicting Provisions 1
Section 15.06.020. Title of Ordinance 2
Section 15.06.030. Definitions 2
Section 15.06.040. Compliance with CALGreen Recycling Requirements 6
Section 15.06.050. Model Water Efficient Landscaping Ordinance Requirements 7
Section 15.06.010. Purpose, Findings and Conflicting Provisions
The City Council of the City of Arroyo Grande finds and declares:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000, et
seq., as amended, supplemented, superseded, and replaced from time to time),
requires cities and counties to reduce, reuse, and recycle (including composting)
Solid Waste generated in their City to the maximum extent feasible before any
incineration or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the
State of California on October 5, 2011, which amended Sections 41730, 41731,
41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections
40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section
42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of,
the Public Resources Code, as amended, supplemented, superseded and
replaced from time to time), places requirements on Commercial Businesses and
Multi-Family Premises that generate a specified threshold amount of Solid Waste
to arrange for recycling services and requires cities to implement a mandatory
Commercial recycling program.
(c) State Organics Materials recycling law, Assembly Bill 1826 of 2014 (approved by
the Governor of the State of California on September 28, 2014, which added
Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the
Public Resources Code, relating to Solid Waste, as amended, supplemented,
superseded, and replaced from time to time), requires Commercial Businesses
and Multi-Family Premises that generate a specified threshold amount of Solid
Waste, Recyclable Materials, and Organic Materials per week to arrange for
recycling services for that waste, requires Citys to implement a recycling program
to divert Organic Materials from Commercial Businesses and Multi-Family
Premises subject to the law, and requires Citys to implement a mandatory
Commercial Organic Materials recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce Organic Waste in landfills as a source
of methane. The regulations place requirements on multiple entities including
cities, residential households, Multi-Family Premises, Commercial Businesses,
Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery
Organizations, and Food Recovery Services to support achievement of the SB
1383 statewide Organic Waste disposal reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires cities
to adopt and enforce an ordinance or enforceable mechanism to implement
relevant provisions of SB 1383 Regulations.
(f) Notwithstanding any provision to the contrary in any other code or regulation of
the City, the provisions of this Chapter shall control, and to the extent any provision
is in conflict with this Chapter, the provision in this Chapter shall supersede any
conflicting language and shall prevail.
Section 15.06.020. Title of Ordinance
This chapter shall be entitled "SB 1383 CALGreen Recycling and Model Water Efficient
Landscape Ordinance Requirements."
Section 15.06.030. Definitions
(a) "Bin" means a Container with capacity of approximately one (1) to eight (8) cubic
yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a
front end-loading Collection vehicle, including Bins with Compactors attached to
increase the capacity of the Bin.
(b) "Bulky Item" means discarded appliances (including refrigerators), furniture, tires,
carpets, mattresses, Yard Trimmings and/or wood waste, and similar large items
which can be handled by two (2) people, weigh no more than two hundred (200)
pounds, and require special collection due to their size or nature, but can be
collected without the assistance of special loading equipment (such as forklifts or
cranes) and without violating vehicle load limits. Bulky Items must be generated by
the customer and at the service address wherein the Bulky Items are collected.
Bulky Items do not include abandoned automobiles, large auto parts, trees,
construction and demolition debris, or items herein defined as Excluded Waste.
(c) "CalRecycle" means California's Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for developing,
implementing, and enforcing SB 1383 Regulations on cities (and others).
(d) "California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references in this Chapter are preceded with a number that
refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
(e) "Cart" means a plastic Container with a hinged lid and wheels that is serviced by
an automated or semi-automated Collection vehicle. A Cart has capacity of 20, 35,
64 or 96 gallons (or similar volumes).
(f) "City" means the City of Arroyo Grande, a municipal corporation acting through its
City Council, and all the territory lying within the municipal boundaries of the City.
(g) "Commercial Business" or "Commercial" means of, from, or pertaining to non-
Residential Premises where business activity is conducted, including, but not
limited to, retail sales, services, wholesale operations, manufacturing, and
industrial operations, but excluding businesses conducted upon Residential
property which are permitted under applicable zoning regulations and are not the
primary use of the property.
(h) "Compactor" means a mechanical apparatus that compresses materials together
with the Container that holds the compressed materials or the Container that holds
the compressed materials if it is detached from the mechanical compaction
apparatus. Compactors include two (2) to eight (8) cubic yard Bin Compactors
serviced by front-end loader Collection vehicles and ten (10)to fifty(50) cubic yard
drop box Compactors serviced by roll-off Collection vehicles.
(i) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), (or any
variation thereof) includes a controlled biological decomposition of Organic
Materials yielding a safe and nuisance free Compost product.
(j) "Container(s)" mean Bins, Carts, Compactors, and Roll-Offs.
(k) "C&D" means construction and demolition debris.
(I) "Multi-Family Residential Dwelling" or "Multi-Family" or "MFD" means of, from, or
pertaining to residential Premises with five(5)or more dwelling units including such
Premises when combined in the same building with Commercial establishments,
that receive centralized, shared, Collection service for all units on the Premises
which are billed to one (1) Customer at one (1) address. Customers residing in
Townhouses, mobile homes, condominiums, or other structures with five (5) or
more dwelling units who receive individual service and are billed separately shall
not be considered Multi-Family. Multi-Family Premises do not include hotels,
motels, or other transient occupancy facilities, which are considered Commercial
Businesses.
(m) "MWELO" refers to the Model Water Efficient Landscape Ordinance(MWELO), 23
CCR, Division 2, Chapter 2.7, as adopted by AGMC Section 16.84.010.
(n) "Occupant" means the Person who occupies a Premises.
(o) "Organic Materials" means Yard Trimmings and Food Waste, individually or
collectively that are set aside, handled, packaged, or offered for oin a manner
different from Solid Waste for the purpose of processing. No Discarded Material
shall be considered to be Organic Materials, however, unless it is separated from
Recyclable Material and Solid Waste. Organic Materials are a subset of Organic
Waste.
(p) "Organic Materials Container" shall be used for the purpose of storage and
collection of Source Separated Organic Materials.
(q) "Organic Waste" means 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).
(r) "Owner" means the Person(s) holding legal title to real property and/or any
improvements thereon and shall include the Person(s) listed on the latest
equalized assessment roll of the County Assessor.
(s) "Premises" means and includes any land, building and/or structure, or portion
thereof, in the City where Discarded Materials are produced, generated, or
accumulated. All structures on the same legal parcel, which are owned by the
same person shall be considered as one Premises.
(t) "Recyclable Materials" means those Discarded Materials that the Generators set
out in Recyclables Containers for Collection for the purpose of Recycling by the
Service Provider and that exclude Excluded Waste. No Discarded Materials shall
be considered Recyclable Materials unless such material is separated from
Organic Materials, and Solid Waste. For the purpose of collection of Recyclable
Materials through contractor's collection services, recyclable materials shall be
limited to those materials identified by the collection contractor as acceptable
recyclable materials.
(u) "Recyclable Materials Container" shall be used for the purpose of storage and
collection of Source Separated Recyclable Materials.
(v) "Residential" shall mean of, from, or pertaining to a Single-Family Premises or
Multi-Family Premises including Single-Family homes, apartments,
condominiums, Townhouse complexes, mobile home parks, and cooperative
apartments.
(w) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and
39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing
with Section 42652) to Part 3 of Division 30 of the Public Resources Code,
establishing methane emissions reduction targets in a Statewide effort to reduce
emissions of short-lived climate pollutants as amended, supplemented,
superseded, and replaced from time to time.
(x) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the
purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste
Reduction regulations developed by CalRecycle and adopted in 2020 that created
14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR
and 27 CCR.
(y) "Service Level" refers to the size of a Customer's Container and the frequency of
Collection service.
(z) "Single-Family" or "SFD" refers to any detached or attached house or residence
of four(4) units or less designed or used for occupancy by one (1)family, provided
that Collection service feasibly can be provided to such Premises as an
independent unit, and the Owner or Occupant of such independent unit is billed
directly for the Collection service. Single-Family includes Townhouses, and each
independent unit of duplex, tri-plex, or four-plex Residential structures, regardless
of whether each unit is separately billed for their specific Service Level.
(aa) "Solid Waste" has the same meaning as defined in State Public Resources Code
Section 40191, which defines Solid Waste as all putrescible and non-putrescible
solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper,
rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial appliances, dewatered,
treated, or chemically fixed sewage sludge which is not hazardous waste, manure,
vegetable or animal solid and semi-solid wastes, and other discarded solid and
semisolid wastes, with the exception that Solid Waste does not include any of the
following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section
40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of
the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management
Act(Part 14 (commencing with Section 117600)of Division 104 of the State
Health and Safety Code). Untreated medical waste shall not be disposed of
in a Solid Waste landfill, as defined in State Public Resources Code Section
40195.1. Medical waste that has been treated and deemed to be Solid
Waste shall be regulated pursuant to Division 30 of the State Public
Resources Code.
(4) Recyclable Materials, Organic Materials, and Construction and Demolition
Debris when such materials are Source Separated.
Notwithstanding any provision to the contrary, Solid Waste may include de minimis
volumes or concentrations of waste of a type and amount normally found in
Residential Solid Waste after implementation of programs for the safe Collection,
Recycling, treatment, and Disposal of household hazardous waste in compliance
with Section 41500 and 41802 of the California Public Resources Code as may be
amended from time to time. Solid Waste includes salvageable materials only when
such materials are included for Collection in a Solid Waste Container not Source
Separated from Solid Waste at the site of generation.
(bb) "Solid Waste Container" shall be used for the purpose of storage and collection of
Solid Waste.
(cc) "Source Separated" or"Source-Separated (materials)" means materials, including
commingled Recyclable Materials and Organic Materials, that have been
separated or kept separate from the Solid Waste stream, at the point of generation,
for the purpose of additional sorting or processing those materials for recycling or
reuse in order to return them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products, which meet the quality
standards necessary to be used in the marketplace, or as otherwise defined in 14
CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated
shall include separation of materials by the Generator, Responsible Party, or
Responsible Party's employee, into different containers for the purpose of
collection such that Source-Separated materials are separated from Solid Waste
for the purposes of collection and processing.
(dd) "Source Separated Organic Materials" means Organic Materials that are Source
Separated and placed in an Organic Materials Container.
(ee) "Source Separated Recyclable Materials" means Recyclable Materials that are
Source Separated and placed in a Recyclable Materials Container.
(ff) "State" means the State of California.
(gg) "Ton" or"Tonnage" means a unit of measure for weight equivalent to two thousand
(2,000) standard pounds where each pound contains sixteen (16) ounces.
(hh) "Yard Trimmings or "Green Waste" means those Discarded Materials that will
decompose and/or putrefy, including, but not limited to, green trimmings, grass,
weeds, leaves, prunings, branches, dead plants, brush,tree trimmings, dead trees,
small pieces of unpainted and untreated wood. Yard Trimmings does not include
items herein defined as Excluded Waste. Yard Trimmings are a subset of Organic
Materials. Acceptable Yard Trimmings may be added to or removed from this list
from time to time by mutual consent or at the sole discretion of the City.
Section 15.06.040. Compliance with CALGreen Recycling Requirements
(a) Persons applying for a permit from the City for new construction and building
additions and alternations shall comply with the requirements of this Section and
all required components of the California Green Building Standards Code, 24 CCR,
Part 11, known as CALGreen, as amended, if its project is covered by the scope
of CALGreen and any other applicable requirements of the City. If the requirements
of CALGreen are more stringent than the requirements of this Section, the
CALGreen requirements shall apply.
Project applicants shall refer to City's Building and Construction Codes (reference
AGMC Chapter 15.04) for complete CALGreen requirements.
(b) For projects covered by CALGreen the applicants must, as a condition of the City's
permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a
building site, provide readily accessible areas that serve Occupants of all
buildings on the site and are identified for the storage and collection of
Recyclable Materials Container and Organic Materials Container materials,
consistent with the three or more-container collection program offered by
the City, or comply with provision of adequate space for recycling for Multi-
Family Premises and Commercial Premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards
Code, 24 CCR, Part 11 as amended provided amended requirements are
more stringent than the CALGreen requirements for adequate recycling
space effective January 1, 2020.
(2) New Commercial or Multi-Family construction or additions resulting in more
than 30% of the floor area shall provide readily accessible areas identified
for the storage and collection of Recyclable Materials Container and
Organic Materials Container materials, consistent with the three or more-
container collection program offered by the City, or shall comply with
provision of adequate space for recycling for Multi-Family Premises and
Commercial Premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and
5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11
as amended provided amended requirements are more stringent than the
CALGreen requirements for adequate recycling space effective January 1,
2020.
(3) Comply with CALGreen requirements and applicable law related to
management of C&D, including diversion of Organic Waste in C&D from
disposal, and all written and published City policies and/or administrative
guidelines regarding the collection, recycling, diversion, tracking, and/or
reporting of C&D.
Section 15.06.050. Model Water Efficient Landscaping Ordinance
Requirements
(a) Property Owners or their building or landscape designers, including anyone
requiring a building or planning permit, plan check, or landscape design review
from the City, who are constructing a new (Single-Family, Multi-Family, public,
institutional, or Commercial) project with a landscape area greater than 500 square
feet, or rehabilitating an existing landscape with a total landscape area greater
than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G)
of the MWELO, including sections related to use of Compost and mulch as
delineated in this Section15.06.050.
(b) The following Compost and mulch use requirements that are part of the MWELO
are now also included as requirements of this Chapter. Other requirements of the
MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
(c) Property Owners or their building or landscape designers that meet the threshold
for MWELO compliance outlined in Section 5(a)above shall:
(1) Comply with Sections 492.6 (a)(3)(B)(C), (D) and (G)of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation,
mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be
incorporated to a depth of six (6) inches into the soil. Soils with
greater than six percent (6%) organic matter in the top six (6) inches
of soil are exempt from adding Compost and tilling.
(B) For landscape installations, a minimum three-(3) inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent (5%) of the
landscape area may be left without mulch. Designated insect habitat
must be included in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post-consumer
materials shall take precedence over inorganic materials or virgin
forest products unless the recycled post-consumer organic products
are not locally available. Organic mulches are not required where
prohibited by local fuel modification plan guidelines or other
applicable local ordinances.
(2) The MWELO compliance items listed in this Section are not an inclusive list
of MWELO requirements; therefore, property owners or their building or
landscape designers that meet the threshold for MWELO compliance
outlined in shall consult the full MWELO for all requirements.
(d) If, after the adoption of this Chapter, the California Department of Water
Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7,
Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015
requirements in a manner that requires City to incorporate the requirements of an
updated MWELO in a local ordinance, and the amended requirements include
provisions more stringent than those required in this Section, the revised
requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached Ordinance No. 711 which was introduced at a regular meeting of the
City Council on October 26, 2021; was passed and adopted at a regular meeting
of the City Council on the 9th day of November 2021; and was duly published in
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th
day of November 2021.
JESSICA MATSON, CITY CLERK