HomeMy Public PortalAboutOrd. 1744 ORDINANCE NO. 1744
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ADDING
SECTION 9-7 "MANDATORY ORGANIC WASTE DISPOSAL
REDUCTION" TO THE LYNWOOD MUNICIPAL CODE
RECITALS
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40000, et seq., as amended, supplemented, superseded, and replaced from time to time),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 and counties to reduce, reuse, and recycle (including composting) Solid
Waste generated in their jurisdictions to the maximum extent feasible before any
incineration or landfill disposal of waste, to conserve water, energy, and other natural
resources, and to protect the environment; 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Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public
Resources Code, as amended, supplemented, superseded and replaced from time to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 businesses and Multi-Family property owners 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 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Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced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 businesses and Multi-Family property owners that generate a
specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to
arrange for recycling services for that waste, requires jurisdictions to implement a
recycling program to divert Organic Waste from businesses subject to the law, and
requires jurisdictions to implement a Mandatory Commercial Organics Recycling
program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. The regulations place requirements on multiple entities including jurisdictions,
residential households, Commercial Businesses and business owners, Commercial
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Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food
Recovery Services to, support achievement of Statewide Organic Waste disposal
reduction targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and determines
that all of the above Recitals are true and correct and incorporates such Recitals into this
Ordinance.
Section 2. Lynwood Municipal Code Section 9-7, entitled Mandatory Organic
Waste Disposal Reduction, is hereby added as follows:
MUNICIPAL CODE SETION 9-7 MANDATORY ORGANIC WASTE DISPOSAL
REDUCTION
9-7.1 Purpose and Findings
(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 Jurisdictions to the maximum
extent feasible before any incineration or landfill disposal of waste, to conserve
water, energy, and other natural resources, and to protect the environment.
(b) 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 amerded, supplemented,
superseded and replaced from time to time), places requirements on
businesses and Multi-Family property owners that generate a specified
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threshold amount of Solid Waste to arrange for recycling services and requires
Jurisdictions to implement a Mandatory Commercial Recycling program.
(c) State organics 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
businesses and Multi-Family property owners that generate a specified
threshold amount of Solid Waste, Recycling, and Organic Waste per week to
arrange for recycling services for that waste, requires Jurisdictions to
implement a recycling program to divert Organic Waste from businesses
subject to the law, and requires Jurisdictions to implement a Mandatory
Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills as a source
of methane. The regulations place requirements on multiple entities including
Jurisdictions, residential households, Commercial Businesses and business
owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food
Recovery Organizations, and Food Recovery Services to support achievement
of Statewide Organic Waste disposal reduction targets.
(e) 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.
(f) 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.
9-7.2 Definitions
Blue Container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall
be used for the purpose of storage and collection of Source Separated Recyclable
Materials or Source Separated Blue Container or Blue Lid Container Organic Waste.
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Brown Container has the same meaning as in 14 CCR Section 18982.2(s)(5.5) and
shall be used for the purpose of storage and collection of Source Separated Food
Waste.
CalRecycle means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing,
and enforcing SB 1383 Regulations on jurisdictions (and others).
California Code of Regulations or CCR means the State of California Code of
Regulations. CCR references in this Ordinance are preceded with a number that
refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
City shall mean City of Lynwood
City Enforcement Official means the City Manager or his/her designee(s) in charge
who is/are partially or wholly responsible for enforcing the Ordinance.
Commercial Business or Commercial means a firm, partnership, proprietorship, joint
stock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14
CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer
than four (4) units is not a Commercial Business for purposes of implementing this
Ordinance.
Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined in this section 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).
Compliance Review means a review of records by a city to determine compliance
with this Ordinance.
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).
Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated,
as of the effective date of this Ordinance, that "Compost" means the product resulting
from the controlled biological decomposition of organic Solid Wastes that are Source
Separated from the municipal Solid Waste stream, or which are separated at a
centralized facility.
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Compostable Plastics or Compostable Plastic means plastic materials that meet the
ASTM D6400 standard for composability, or as otherwise described in 14 CCR
Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
Container Contamination or Contaminated Container means a container, regardless
of color, that contains Prohibited Container Contaminants, or as otherwise defined in
14 CCR Section 18982(a)(55).
C&D means construction and demolition debris.
Designee means an entity that City contracts with or otherwise arranges to carry out
any of the City's responsibilities of this Ordinance as authorized in 14 CCR Section
18981.2. A Designee may be a government entity, a hauler, a private entity, or a
combination of those entities.
Edible Food means food intended for human consumption, or as otherwise defined
in 14 CCR Section 18982(a)(18). For the purposes of this Ordinance or as otherwise
defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is
recovered and not discarded. Nothing in this Ordinance or in 14 CCR, Division 7,
Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet
the food safety requirements of the California Retail Food Code.
Enforcement Action means an action of the City to address non-compliance with this
Ordinance including, but not limited to, issuing administrative citations, fines,
penalties, or using other remedies.
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 Ill landfills or accepted at the facility by
permit conditions, waste that in jurisdictions, 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 minims volumes or concentrations of waste of a type and amount
normally found in Single-Family or Multifamily Solid Waste after implementation of
programs for the safe collection, processing, recycling, treatment, and disposal of
batteries and paint in compliance with Sections 41500 and 41802 of the California
Public Resources Code.
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).
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Food Facility has the same meaning as in Section 113789 of the Health and Safety
Code.
Food Recovery means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR Section
18982(a)(24).
Food Recovery Organization means an entity that engages in the collection or receipt
of Edible Food from Commercial Edible Food Generators and distributes that Edible
Food to the public for Food Recovery either directly or through other entities or as
otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the
Health and Safety code; and,
3. A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization
differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply
to this Ordinance.
Food Recovery Service means a person or entity that collects and transports Edible
Food from a Commercial Edible Food Generator to a Food Recovery Organization
or other entities for Food Recovery, or as otherwise defined in 14 CCR Section
18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator
for the purposes of this Ordinance and implementation of 14 CCR, Division 7,
Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Food Scraps mean all food such as, but not limited to, fruits, vegetables, meat,
poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food Scraps excludes fats, oils, and grease when such materials are Source
Separated from other Food Scraps or when raw meat, poultry, or fish are generated
at commercial food facilities that need to comply with CDFA Title 3, California Code
of Regulations, Section 1180.48.
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).
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Food-Soiled Paper is compostable paper material that has come in contact with food
or liquid, such as, but not limited to, compostable paper plates, paper coffee cups,
napkins, pizza boxes, and milk cartons.
Food Waste means food scraps and food soiled paper.
Gray Container has the same meaning as in 14 CCR Section 18982.2(a)(28) and
shall be used for the purpose of storage and collection of Gray Container Waste.
Gray Container Waste means Solid Waste that is collected in a Gray Container or
Gray Lid that is part of a three-container Organic Waste collection service that
prohibits the placement of Organic Waste in the Gray Container as specified in 14
CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section
17402(a)(6.5).
Green Container has the same meaning as in 14 CCR Section 18982.2(a)(29) and
shall be used for the purpose of storage and collection of Source Separated Green
Container or Green Lid Container Organic Waste.
Grocery Store means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that
is not separately owned within the store where the food is prepared and served,
including a bakery, deli, and meat and seafood departments, or as otherwise defined
in 14 CCR Section 18982(a)(30).
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
I8982(a)(31.5).
High Diversion Organic Waste Processing Facility means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and
meets or exceeds an annual average Mixed Waste organic content Recovery rate
of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent
after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for
Organic Waste received from the
"Mixed waste organic collection stream" as defined in 14 CCR Section
17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
Inspection means a site visit where the City reviews records, containers, and an
entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible
Food handling to determine if the entity is complying with requirements set forth in
this Ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
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
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park, parking lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this
definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this
Ordinance.
Large Venue means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this Ordinance and implementation
of 14 CCR, Division 7,
Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or
privately owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing
arts center, fairground, museum, theater, or other public attraction facility. For
purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12,
a site under common ownership or control that includes more than one Large Venue
that is contiguous with other Large Venues in the site, is a single Large Venue. If the
definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition
in 14 CCR Section 18982(a)(39) shall apply to this Ordinance.
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).
Multi-Family Residential Dwelling or Multi-Family means of, from, or pertaining to
residential premises with four (4) or more dwelling units. Multi-Family premises do
not include hotels, motels, or other transient occupancy facilities, which are
considered Commercial Businesses.
MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 C
CR, Division 2, Chapter 2.7.
Non-Compostable Paper includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the composting process or multi-layered items of
which one or more layer is not compostable, or as otherwise defined in 14 CCR
Section 18982(a)(41).
Non-Local Entity means the following entities that are not subject to the City's
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
1. Special district(s) located within the boundaries of the City.
2. Federal facilities, including military installations, located within the
boundaries of the City.
3. Prison(s) located within the boundaries of the City.
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4. Facilities operated by the State park system located within the boundaries
of the City
5. Public universities (including community colleges) located within the
boundaries of the City.
6. State agencies located within the boundaries of the City.
Non-Organic Recyclables means non-putrescible and non-hazardous recyclable
wastes including but not limited to bottles, cans, metals, plastics and glass, or as
otherwise defined in 14 CCR Section 18982(a)(43).
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.
Organic Waste means Solid Wastes containing material originated from living
organisms and their metabolic waste products, including but not limited to food,
green material, landscape and pruning waste, organic textiles and carpets, lumber,
wood, Paper Products, Printing and Writing Paper, manure, bio solids, digestate,
and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Bio solids
and digestate are as defined by 14 CCR Section 18982(a).
Organic Waste Generator means a person or entity that is responsible for the initial
creation of Organic Waste, or as otherwise defined in 14 CCR Section
18982(a)(48).
Paper Products include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and
toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
Printing and Writing 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).
Prohibited Container Contaminants means the following : (i) discarded materials
placed in the Blue Container that are not identified as acceptable Source Separated
Recyclable Materials for the City's Blue Container; (ii) discarded materials placed
in the Green Container that are not identified as acceptable Source Separated
Green Container Organic Waste for the City's Green Container; (iii) discarded
materials placed in the Gray Container that are acceptable Source Separated
Recyclable Materials and/or Source Separated Green Container Organic Wastes
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to be placed in City's Green Container and/or Blue Container; and, (iv) Excluded
Waste placed in any container.
Recovered Organic Waste Products means products made from California, landfill
diverted recovered Organic Waste processed in a permitted or otherwise authorized
facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
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).
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).
Regional Agency means regional agency as defined in Public Resources Code
Section 40181.
Remote Monitoring means the use of the Internet of things (loT) and/or wireless
electronic devices to visualize the contents of Blue Containers, Green Containers,
and Gray Containers for purposes of identifying the quantity of materials in
containers (level of fill) and/or presence of Prohibited Container Contaminants.
Renewable Gas means gas derived from Organic Waste that has been diverted
from a California landfill and processed at an in-vessel digestion facility that is
permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as
otherwise defined in 14 CCR Section 18982(a)(62).
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).
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).
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.
SB 1383 Regulations or SB 1383 Regulatory means or refers to, for the purposes
of this Ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction
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regulations developed by CalRecycle and adopted in 2020 that created 14 CCR,
Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
Self-Hauler means a person, who hauls Solid Waste, Organic Waste or recyclable
material he or she has generated to another person. Self-hauler also includes a
person who back-hauls waste, or as otherwise defined in 14 CCR Section
18982(a)(66). Backhaul means generating and transporting Organic Waste to a
destination owned and operated by the generator using the generator's own
employees and equipment, or as otherwise defined in 14 CCR Section
18982(a)(66)(A).
Single-Family means of, from, or pertaining to any residential premises with fewer
than four (4) units.
Solid Waste has the same meaning as defined in State Public Resources Code
Section 40191, which defines Solid Waste as all putrescible and nonputrescible
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.
Source Separated means materials, including commingled recyclable materials,
that have been separated or kept separate from the Solid Waste stream, at the point
of generation, for the purpose of additional sorting or processing those materials for
recycling or reuse in order to return them to the economic mainstream in the form
of raw material for new, reused, or reconstituted products, which meet the quality
standards necessary to be used in the marketplace, or as otherwise defined in 14
CCR Section 17402.5(b)(4). For the purposes of the Ordinance, Source Separated
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shall include separation of materials by the generator, property owner, property
owner's employee, property manager, or property manager's employee into
different containers for the purpose of collection such that Source Separated
materials are separated from Gray Container Waste or other Solid Waste for the
purposes of collection and processing.
Source Separated Blue Container Organic Waste means Source Separated
Organic
Wastes that can be placed in a Blue Container that is limited to the collection of
those Organic Wastes and Non-Organic Recyclables as defined in Section
18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
Source Separated Green Container Organic Waste means Source Separated
Organic Waste that can be placed in a Green Container that is specifically intended
for the separate collection of Organic Waste by the generator, excluding Source
Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and
textiles.
Source Separated Recyclable Materials means Source Separated Non-Organic
Recyclables and Source Separated Blue Container Organic Waste.
State means the State of California.
Supermarket means a full-line, self-service retail store with gross annual sales of
two million dollars ($2,000,000), or more, and which sells a line of dry grocery,
canned goods, or nonfood items and some perishable items, or as otherwise
defined in 14 CCR Section 18982(a)(71).
Tier One Commercial Edible Food Generator means a Commercial Edible Food
Generator that is one of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than 10,000 square
feet.
3. Food Service Provider.
4. Food Distributor.
5. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(73) shall apply to this Ordinance.
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Tier Two Commercial Edible Food Generator means a Commercial Edible Food
Generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
2. Hotel with an on-site Food Facility and 200 or more rooms.
3. Health facility with an on-site Food Facility and 100 or more beds.
4. Large Venue.
5. Large Event.
6. A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
7. A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(74) shall apply to this Ordinance.
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).
9-7.3 Requirements for Single—Family Generators
Single-Family Organic Waste Generators shall comply with the following
requirements except Single-Family generators that meet the Self-Hauler
requirements in Section 97.9 of this Ordinance:
(a) Shall to City's Organic Waste collection services for all Organic Waste generated
as described below in Section 9-7.3(b). City shall have the right to review the
number and size of a generator's containers to evaluate adequacy of capacity
provided for each type of collection service for proper separation of materials and
containment of materials; and, Single-Family generators shall adjust its service
level for its collection services as requested by the City. Generators may
additionally manage their Organic Waste by preventing or reducing their Organic
Waste, managing Organic Waste on site, and/or using a Community Composting
site pursuant to 14 CCR Section 18984.9(c).
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(b) Shall participate in the City's Organic Waste collection service(s) by placing
designated materials in designated containers as described below, and shall not
place Prohibited Container Contaminants in collection containers.
1. A three- and three-plus-container collection service (Blue Container, Green
Container, and Gray Container)
(A) Generator shall place Source Separated Green Container Organic Waste,
including Food Waste, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; and Gray Container Waste in
the Gray Container. Generators shall not place materials designated for the
Gray Container into the Green Container or Blue Container.
9-7.4 Requirements for Commercial Businesses
Generators that are Commercial Businesses, including Multi-Family Residential
Dwellings, shall:
(a) Subscribe to City's three container collection services and comply with
requirements of those services as described below in Section 9-7.4(b), except
Commercial Businesses that meet the Self-Hauler requirements in Section 9-7.9
of this Ordinance. City shall have the right to review the number and size of a
generator's containers and frequency of collection to evaluate adequacy of
capacity provided for each type of collection service for proper separation of
materials and containment of materials; and, Commercial Businesses shall adjust
their service level for their collection services as requested by the City.
(b) Except Commercial Businesses that meet the Self-Hauler requirements in Section
9-7.8 of this Ordinance, participate in the City's Organic Waste collection service(s)
by placing designated materials in designated containers as described below.
1. A three- and three-plus-container collection service (Blue Containers,
Green Container, and Gray Container)
(A) Generator shall place Source Separated Green Container Organic Waste,
including Food Waste, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; and Gray Container Waste in
the Gray Container. Generator shall not place materials designated for the
Gray Container into the Green Container or Blue Container.
(c) Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors (conforming with Sections 9-7.4(d)1 and
97.4(d)2 below) for employees, contractors, tenants, and customers, consistent
with City's Blue Container, Green Container, and Gray Container collection service
or, if self-hauling, per the Commercial Businesses' instructions to support its
compliance with its self-haul program, in accordance with Section 9-7.9.
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(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection
of Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials in all indoor and outdoor areas where disposal containers are
provided for customers, for materials generated by that business. Such containers
do not need to be provided in restrooms. If a Commercial Business does not
generate any of the materials that would be collected in one type of container, then
the business does not have to provide that particular container in all areas where
disposal containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the
collection service provided by 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. A Commercial Business is not
required to replace functional containers, including containers purchased prior
to January 1, 2022, that do not comply with the requirements of the subsection
prior to the end of the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
2. Container labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited in that
container, or containers with imprinted text or graphic images that indicate the
primary materials accepted and primary materials prohibited in the container.
Pursuant 14 CCR Section 18984.8, the container labeling requirements are
required on new containers commencing January 1, 2022.
(e) Multi-Family Residential Dwellings are not required to comply with container
placement requirements or labeling requirement in Section 9-7.4(d) pursuant to 14
CCR Section 18984.9(b).
(f) To the extent practical through education, training, Inspection, and/or other
measures, excluding Multi-Family Residential Dwellings, prohibit employees from
placing materials in a container not designated for those materials per the City's
Blue Container, Green Container, and Gray Container collection service or, if self-
hauling, per the
Commercial Businesses' instructions to support its compliance with its self-haul
program, in accordance with Section 9-7.9.
(g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers,
Green Containers, and Gray Containers for contamination and inform employees
if containers are contaminated and of the requirements to keep contaminants out
of those containers pursuant to 14 CCR Section 18984.9(b)(3).
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(h) Annually provide information to employees, contractors, tenants, and customers
about Organic Waste Recovery requirements and about proper sorting of Source
Separated Green Container Organic Waste and Source Separated Recyclable
Materials.
(i) Provide education information before or within fourteen (14) days of occupation of
the premises to new tenants that describes requirements to keep Source
Separated Green Container Organic Waste and Source Separated Recyclable
Materials separate from Gray Container Waste (when applicable) and the location
of containers and the rules governing their use at each property.
(j) Provide or arrange access for City or its agent to their properties during all
Inspections conducted in accordance with Section 9-7.13 of this Ordinance to
confirm compliance with the requirements of this Ordinance.
(k) Accommodate and cooperate with City's Remote Monitoring program for
Inspection of the contents of containers for Prohibited Container Contaminants,
which may be implemented at a later date, to evaluate generator's compliance with
Section 97.4(b). The Remote Monitoring program shall involve installation of
Remote Monitoring equipment on or in the Blue Containers, Green Containers,
and Gray Containers.
(I) At Commercial Business's option and subject to any approval required from the
City, implement a Remote Monitoring program for Inspection of the contents of its
Blue Containers, Green Containers, and Gray Containers for the purpose of
monitoring the contents of containers to determine appropriate levels of service
and to identify Prohibited Container Contaminants. Generators may install Remote
Monitoring devices on or in the Blue Containers, Green Containers, and Gray
Containers subject to written notification to or approval by the City or its Designee.
(m) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in
Section 9-7.9 of this Ordinance.
(n) Nothing in this section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, or using a Community Composting
site pursuant to 14 CCR Section 18984.9(c).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements, pursuant to Section 9-
7.6.
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9-7.5 Waivers for Generators
(a) De Minimis Waivers: City may waive a Commercial Business' obligation (including
Multi-Family Residential Dwellings) to comply with some or all of the Organic
Waste requirements of this Ordinance if the Commercial Business provides
documentation that the business generates below a certain amount of Organic
Waste material as described in Section 9-7.5(a)2 below. Commercial Businesses
requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a
waiver from and provide documentation as noted in Section 9-7.5(a)2
below.
2. Provide documentation that either:
(A) The Commercial Business'total Solid Waste collection service
is two cubic yards or more per week and Organic Waste
subject to collection in a Blue Container or Green Container
comprises less than 20 gallons per week per applicable
container of the business' total waste; or,
(B) The Commercial Business' total Solid Waste collection service
is less than two cubic yards per week and Organic Waste
subject to collection in a Blue Container or Green Container
comprises less than 10 gallons per week per applicable
container of the business' total waste.
(C) Notify City if circumstances change such that Commercial
Business's Organic Waste exceeds threshold required for
waiver, in which case waiver will be rescinded.
(D) Provide written verification of eligibility for de minimis waiver
every 5 years, if City has approved de minimis waiver.
(b) Physical Space Waivers City may waive a Commercial Business' or property
owner's obligations (including Multi-Family Residential Dwellings) to comply with
some or all of the recyclable materials and/or Organic Waste collection service
requirements if the City has evidence from its own staff, a hauler, licensed
architect, or licensed engineer demonstrating that the premises lacks adequate
space for the collection containers required for compliance with the Organic Waste
collection requirements of Section 9-7.4.
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A Commercial Business or property owner may request a physical space waiver
through the following process:
1. Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
2. Provide documentation confirming the premises lacks adequate space
for Blue Containers and/or Green Containers including documentation
from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to City that it is still eligible for physical space
waiver every five years, if City has approved application for a physical
space waiver.
9-7.6 Requirements for Commercial Edible Food Generators
(a) Tier One Commercial Edible Food Generators must comply with the
requirements of this Section 9-7.6 commencing April 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.
2. Contract with, or enter into a written agreement with Food Recovery
Organizations or Food Recovery Services for: (i) the collection of Edible
Food for Food Recovery; or, (ii) acceptance of the Edible Food that the
Commercial Edible Food Generator self-hauls to the Food Recovery
Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered
by a Food Recovery Organization or a Food Recovery Service.
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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 Recover Service 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:
The name, address and contact information of the Food
Recovery Service or Food Recovery Organization.
ii. The types of food 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. No later than June 30th of each year commencing no later than July 1, 2023
for Tier One Commercial Edible Food Generators and July 1, 2024 for Tier
Two Commercial Edible Food Generators, provide an annual Food
Recovery report to the City that includes the information listed under Section
9-7.6 5.
(d) Nothing in this Ordinance shall be construed to limit or conflict with the
protections provided by the California Good Samaritan Food Donation Act
of 2017, the Federal Good Samaritan Act, or share table and school food
donation guidance pursuant to Senate Bill 557 of 2017 (approved by the
Governor of the State of California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of
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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).
9-7.7 Requirements for Food Recovery Organizations and Services
(a) Food Recovery Services collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each Commercial Edible Food
Generator from which the service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible
Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
4. The name, address, and contact information for each Food Recovery Organization
that the Food Recovery Service Transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, oras otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible Food
Generator from which the organization receives Edible Food.
2.. The quantity in pounds of Edible Food received from each Commercial Edible
Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service that
the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services shall inform
generators about California and Federal Good Samaritan Food Donation Act
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protection in written communications, such as in their contract or agreement
established under 14 CCR Section 18991.3(b).
(d) Food Recovery Organizations and Food Recovery Services that have their primary
address physically located in the City and contract with or have written agreements
with one or more Commercial Edible Food Generators pursuant to 14 CCR Section
18991.3(b) shall report to the City it is located in the total pounds of Edible Food
recovered in the previous calendar year from the Tier One and Tier Two
Commercial Edible Food Generators they have established a contract or written
agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1, 2023.
(e) Food Recovery Capacity Planning
1. Food Recovery Services and Food Recovery Organizations. In order to support
Edible Food Recovery capacity planning assessments or other studies conducted
by the County, City, special district that provides solid waste collection services, or
its designated entity, Food Recovery Services and Food Recovery Organizations
operating in the City shall provide information and consultation to the City, upon
request, regarding existing, or proposed new or expanded, Food Recovery
capacity that could be accessed by the City and its Commercial Edible Food
Generators. A Food Recovery Service or Food Recovery Organization contacted
by the City shall respond to such request for information within 60 days, unless a
shorter timeframe is otherwise specified by the City.
9-7.8 Requirements for Haulers and Facility Operators
(a) Requirements for Haulers
1. Exclusive Franchise Hauler providing residential, Commercial, or industrial
Organic Waste collection services to generators within the City's boundaries shall
meet the following requirements and standards as a condition of approval of a
contract, agreement, or other authorization with the City to collect Organic Waste:
(A) Through written notice to the City annually on or before June 30, identify the
facilities to which they will transport Organic Waste including facilities for
Source Separated Recyclable Materials, and Source Separated Green
Container Organic Waste.
(B) Transport Source Separated Recyclable Materials and Source Separated
Green Container Organic Waste to a facility, operation, activity, or property
that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12,
Article 2.
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(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 9-7.10 of this Ordinance, and City's C&D
Ordinance.
2. Exclusive Franchise Hauler authorization to collect Organic Waste shall comply
with education, equipment, signage, container labeling, container color,
contamination monitoring, reporting, and other requirements contained within its
franchise agreement entered into with City.
(b) Requirements for Facility Operators and Community Composting Operations
1. Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, 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, 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.
9=7.9 Self-Hauler Requirements
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste
(materials that City otherwise requires generators to separatefor collection in the
City's organics and recycling collection program) generated on-site from Solid
Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall
haul Organic Waste to a High Diversion Organic Waste Processing Facility as
specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility
that recovers those materials; and haul their Source Separated Green Container
Organic Waste to a Solid Waste facility, operation, activity, or property that
processes or recovers Source Separated Organic Waste. Alternatively, Self-
Haulers may haul Organic Waste to a High Diversion Organic Waste Processing
Facility.
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(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each
Solid Waste facility, operation, activity, or property that processes or recovers
Organic Waste; this record shall be subject to Inspection by the City. The records
shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator
to each entity.
3. If the material is transported to an entity that does not have scales on-site,
or employs scales incapable of weighing the Self-Hauler's vehicle in a
manner that allows it to determine the weight of materials received, the Self-
Hauler is not required to record the weight of material but shall keep a record
of the entities that received the Organic Waste.
(d) If allowed by City, Self-Haulers that are Commercial Businesses (including
Multifamily Self-Haulers) shall provide information collected in Section 9-7.9(c) to
City if requested.
(e) A residential Organic Waste Generator that Self Hauls Organic Waste is not
required to record or report information in section 9-7.9(c) and 9-7.9(d).
9-7.10 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 or more stringent requirements of the City. If the
requirements of CALGreen are more stringent then the requirements of this
section, the CALGreen requirements shall apply. Project applicants shall refer
to City's building and/or planning code for complete CALGreen requirements.
(b) For projects covered by CALGreen or more stringent requirements of the City,
the applicants must, as a condition of the City's permit approval, comply with
the following:
1. Where five (5) or more Multi-Family dwelling units are constructed on a building
site, provide readily accessible areas that serve occupants of all buildings on the
site and are identified for the storage and collection of Blue Container and Green
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Container materials, consistent with the three-container collection program offered
by the City, or comply with provision of adequate space for recycling for
Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2,
5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR,
Part 11 as amended provided amended requirements are more stringent than the
CALGreen requirements for adequate recycling space effective January 1, 2020.
2. New Commercial construction or additions resulting in more than 30% of the floor
area shall provide readily accessible areas identified for the storage and collection
of Blue Container and Green Container materials, consistent with the three-
container collection program offered by the City, or shall comply with provision of
adequate space for recycling for Multi-Family and Commercial premises pursuant
to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building
Standards Code, 24 CCR, Part 11 as amended provided amended requirements
are more stringent than the CALGreen requirements for adequate recycling space
effective January 1, 2020.
3. Comply with CALGreen requirements and applicable law related to management
of C&D, including diversion of Organic Waste in C&D from disposal. Comply with
City's C&D Ordinance, section 9-6 of City's Municipal Code, and all written and
published City policies and/or administrative guidelines regarding the collection,
recycling, diversion, tracking, and/or reporting of C&D.
9-7.11 Model Water Efficient Landscaping Ordinance Requirements
(a) Property owners or their building or landscape designers, including anyone
require a building or planning permit, plan check, or landscape design review
from the City, who are constructing a new (Single-Family, Multi-Family, public,
institutional, or Commercial) project with a landscape area greater than 500
square feet, or rehabilitating an existing landscape with a total landscape area
greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C),
(D), and (G) of the MWELO, including sections related to use of Compost and
mulch as delineated in this Section 14.
(b) The following Compost and mulch use requirements that are part of the
MWELO are now also included as requirements of this Ordinance. 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 9-7.11(a) above shall:
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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 Section 97.11(a) shall consult the full MWELO for all
• requirements.
(d) If, after the adoption of this Ordinance, the California Department of Water
Resources, or its successor agency, amends 23 CCR, Division 2, Chapter
2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September
15, 2015 requirements in a manner that requires cities to incorporate the
requirements of an updated MWELO in a local ordinance, and the amended
requirements include provisions more stringent than those required in this
section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be
enforced.
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9-7.12 Procurement Requirements for City Departments, Direct Service Providers,
and Vendors
(a) City departments, and direct service providers to the City, as applicable, must
comply with the City's Recovered Organic Waste Product procurement policy and
Recycled-Content Paper procurement policy.
(b) All vendors providing Paper Products and Printing and Writing Paper shall:
1. If fitness and quality are equal, provide Recycled-Content Paper Products and
Recycled-Content Printing and Writing Paper that consists of at least 30
percent, by fiber weight, postconsumer fiber instead of non-recycled products
whenever recycled Paper Products and Printing and Writing Paper are
available at the same or lesser total cost than non-recycled items.
2. Provide Paper Products and Printing and Writing Paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
3. Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing Paper
offered or sold to the City. This certification requirement may be waived if the
percentage of postconsumer material in the Paper Products, Printing and
Writing Paper, or both can be verified by a product label, catalog, invoice, or a
manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the Paper Products and
Printing and Writing Paper offered or sold to the City is eligible to be labeled
with an unqualified recyclable label as defined in 16 Code of Federal
Regulations (CFR) Section 260.12 (2013).
5. Provide records to the City's Recovered Organic Waste Product procurement
recordkeeping Designee, in accordance with the City's Recycled Content
Paper procurement policy(ies) of all Paper Products and Printing and Writing
Paper purchases within sixty (60) days of the purchase (both recycled content
and non-recycled content, if any is purchased) made by any division or
department or employee of the City. Records shall include a copy (electronic
or paper) of the invoice or other documentation of purchase, written
certifications as required in Sections 9-7.12(b)3 and 9-7.12(b)4 of this
Ordinance for recycled content purchases, purchaser name, quantity
purchased, date purchased, and recycled content (including products that
contain none), and if non-recycled content Paper Products or Printing and
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Writing Papers are provided, include a description of why Recycled-Content
Paper Products or Printing and Writing Papers were not provided.
9-7.13 Inspections and Investigations by City
(a) City representatives and/or its designated entity, including Designees are
authorized to conduct Inspections and investigations, at random or otherwise, of
any collection container, collection vehicle loads, or transfer, processing, or
disposal facility for materials collected from generators, or Source Separated
materials to confirm compliance with this Ordinance by Organic Waste Generators,
Commercial Businesses (including Multi-Family Residential Dwellings), property
owners, Commercial Edible
Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food
Recovery Organizations, subject to applicable laws. This Section does not allow
City to enter the interior of a private residential property for Inspection. For the
purposes of inspecting Commercial Business containers for compliance with
Section 9-7.4(b) of this Ordinance,
City may conduct container Inspections for Prohibited Container Contaminants
using Remote Monitoring, and Commercial Businesses shall accommodate and
cooperate with Remote Monitoring pursuant to Section 9-7.4(k) of this Ordinance.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with the City's
employee or its designated entity/Designee during such Inspections and
investigations. Such Inspections and investigations may include confirmation of
proper placement of materials in containers, Edible Food Recovery activities,
records, or any other requirement of this Ordinance described herein. Failure to
provide or arrange for: (i) access to an entity's premises; or (ii) installation and
operation of a Remote Monitoring equipment, or (iii) access to records for any
Inspection or investigation is a violation of this Ordinance and may result in
penalties described.
(c) Any records obtained by the City during its Inspections, Remote Monitoring, and
other reviews shall be subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in Government Code Section
6250 et seq.
(d) City representatives, its designated entity, and/or Designee are authorized to
conduct any Inspections, Remote Monitoring, or other investigations as reasonably
necessary to further the goals of this Ordinance, subject to applicable laws.
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(e) City shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of
anonymous complaints.
9-7.14 Enforcement
(a) Violation of any provision of this Ordinance shall constitute grounds for issuance
of a Notice of Violation and assessment of a fine by a City Enforcement Official or
representative. Enforcement Actions under this Ordinance are issuance of an
administrative citation and assessment of a fine. The City's procedures on
imposition of administrative fines are hereby incorporated in their entirety, as
modified from time to time, and shall govern the imposition, enforcement,
collection, and review of administrative citations issued to enforce this Ordinance
and any rule or regulation adopted pursuant to this Ordinance, except as otherwise
indicated in this Ordinance. (b) Other remedies allowed by law may be used,
including civil action or prosecution as misdemeanor or infraction. 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.
(b) Responsible Entity for Enforcement
1. Enforcement pursuant to this Ordinance may be undertaken by the City
Enforcement Official, which may be the City Manager, Public Works
Director or their Designee, legal counsel, or combination thereof.
2. Enforcement may also be undertaken by a Regional or County Agency
Enforcement Official, designated by the city, in consultation with City
Enforcement Official.
(A) City Enforcement Official(s) (and Regional or County Agency Enforcement
Official(s) will interpret ordinance; determine the applicability of waivers, if
violation(s) have occurred; implement Enforcement Actions; and, determine
if compliance standards are met.
(B) City Enforcement Official(s) (and Regional or County Agency Enforcement
Official(s) may issue Notices of Violation(s).
(c) Process for Enforcement
1. City Enforcement Officials or Regional or County Enforcement Officials
and/or their Designee will monitor compliance with this Ordinance randomly
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and through Compliance Reviews, Route Reviews, investigation of
complaints, and an Inspection program (that may include Remote
Monitoring). Section 9-7.14 establishes City's right to conduct Inspections
and investigations.
2. City may issue an official notification to notify regulated entities of its
obligations under the Ordinance.
3. For incidences of Prohibited Container Contaminants found in containers,
City will issue a Notice of Violation to any generator found to have Prohibited
Container Contaminants in a container. Such notice will be provided via a
cart tag or other communication immediately upon identification of the
Prohibited Container Contaminants or within 14 days after determining that
a violation has occurred. If the City or the City's franchise hauler observes
Prohibited Container Contaminants in a generator's containers on three (3)
occasion(s) within a year, the City may assess contamination processing
fees or contamination penalties on the generator. This assessment of
contamination processing fees or contamination penalties on the generator
may be assessed multiple times within a year if the City observes Prohibited
Container Contaminants exceeding three (3) occasion(s) within a year.
(C) In addition to 9-7.14d3, City or its designee may implement a service rate
structure a Contamination service charge for customers committing
incidents of Prohibited Container Contaminants. City or its designee shall
provide such customers with written notice and/or cart tags, or such other
procedures required under any contract, agreement, or similar contractual
authorization between the City and its designee, prior to levying any
Contamination service charge. The foregoing
Contamination service charge shall not be considered an administrative fine
or penalty. Any disputes arising from the assessment of a Contamination
service charge shall be adjudicated pursuant to the customer complaint
resolution process provided under the terms of any contract, agreement, or
similar contractual authorization between the City and its designee
assigned to collect Recyclable and Organic Waste.
4. With the exception of violations of generator contamination of container
contents addressed under Section 9-7.14(d)3, 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.
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Notices shall be sent to "owner" at the official address of the owner
maintained by the tax collector for the City or if no such address is available,
to the owner at the address of the dwelling or Commercial property or to the
party responsible for paying for the collection services, depending upon
available information.
(d) Penalty Amounts for Types of Violations
The penalty levels are as follows:
1. For a first violation, the amount of the base penalty shall be $50 to $100 per
violation.
2. For a second violation, the amount of the base penalty shall be $100 to
$200 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be
$250 to $500 per violation.
(e) Factors Considered in Determining Penalty Amount
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.
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.
(f) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation
issued in accordance with Section 9-7.14 if it finds that there are extenuating
circumstances beyond the control of the respondent that make compliance within
the deadlines impracticable, including the following:
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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.
(g) 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 Chapter 20 of the City's Municipal Code 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.
(h) Education Period for Non-Compliance
City will conduct Inspections, Remote Monitoring, Route Reviews or waste
evaluations, and Compliance Reviews, depending upon the type of regulated
entity, to determine compliance, and if City determines that Organic Waste
Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator,
Food Recovery Organization, Food Recovery Service, or other entity is not in
compliance, it shall provide educational materials to the entity describing its
obligations under this Ordinance and a notice that compliance is required by the
date established by City, and that violations may be subject to administrative civil
penalties starting on January 1, 2024.
(i) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City
determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier
Two Commercial Edible Food Generator, Food Recovery Organization, Food
Recovery Service, or other entity is not in compliance with this Ordinance, it shall
document the noncompliance or violation, issue a Notice of Violation, and take
Enforcement Action pursuant to Section 9-7.14, as needed.
(j) Enforcement Table
Table 1. List of Violations
Requirement Description of Violation
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Commercial Businesses, Commercial Business fails to provide or arrange for
Section 9-7.4 Organic Waste collection services consistent with
Jurisdiction requirements and as outlined in this Ordinance,
for 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 Organic Waste Generator fails to comply with requirements
Requirement, Section 97.3 adopted pursuant to this Ordinance for the collection and
and Section 9-7.4 Recovery of Organic Waste.
Commercial Edible Food Tier One Commercial Edible Food Generator fails to
Generators, Section 9-7.6 arrange to recover the maximum amount of its Edible Food
that would otherwise be disposed by establishing a
contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2022.
Commercial Edible Food Tier Two Commercial Edible Food Generator fails to
Generators, Section 9-7.6 arrange to recover the maximum amount of its Edible Food
that would otherwise be disposed by establishing a
contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2024.
Organic Waste Generator Failure to provide or arrange for access to an entity's
Requirement, Section 97.3 premises for any Inspection or investigation.
and Section 9-7.4
Commercial Edible Food
Generators, Section 9-7.6
Food Recovery
Organizations and
Services, Section 9-7.7
Commercial Edible Food Tier One or Tier Two Commercial Edible Food Generator
Generators, Section 9-7.6 fails to keep records, as prescribed by Section 9.
Food Recovery A Food Recovery Organization or Food Recovery Service.
Organizations and that has established a contract or written agreement to
Services, Section 9-7.7 collect or receive Edible Food directly from a Commercial
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Edible Food Generator pursuant to 14 CCR Section
18991.3(b) fails to keep records, as prescribed by Section
10.
Hauler Requirement A hauler providing residential, Commercial or Industrial
Section, Section 9-7.8 Organic Waste collection service fails to transport Organic
Waste to a facility, operation, activity, or property that
recovers Organic Waste, as prescribed by this Ordinance.
Hauler Requirement A hauler providing residential, Commercial, or industrial
Section 9-7.8 Organic Waste collection service fails to obtain applicable
approval issued by the City to haul Organic Waste as
prescribed by this Ordinance.
Hauler Requirement A hauler fails to keep a record of the applicable
Section 9-7.8 documentation of its approval by the City, as prescribed by
this Ordinance.
Self-Hauler Requirement A generator who is a Self-Hauler fails to comply with the
Section 9-7.8 requirements of 14 CCR Section 18988.3(b).
9-7.15 Effective Date
This Ordinance shall be effective on April 1, 2022.
Section 3. Environmental Review. This Ordinance was reviewed pursuant to the
California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA)
and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et
seq., the "CEQA Guidelines."). The City Council finds and determines that this Ordinance
is exempt pursuant to CEQA Guidelines §15308, Class 8 of the CEQA Guidelines as an
action that will not have a significant impact on the environment and as an action taken
by a regulatory agency for the protection of the environment, specifically, for the protection
of the climate. There are no unusual circumstances that would cause this Ordinance to
have a significant effect on the environment and independently exempt from the CEQA
Guidelines §15061(b)(3) because it can be seen with certainty that there is no possibility
that this Ordinance may have a significant effect on the environment. This Ordinance will
have a positive effect on the environment by increasing recover of edible food, reducing
pollutants disposed of in the landfills, and reducing greenhouse gas emissions. In
addition, the'repeal is exempt under CEQA Guidelines Section 15308, as the adoption of
this Ordinance is mandated by a regulatory agency authorized by state law for the
protection of the environment.
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Section 4. Severability. If any section, subsection, sentence, clause or word of
this Ordinance is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. The
City Council of the City of Lynwood hereby declares that it would have passed and
adopted this Ordinance and each and all provisions thereof, irrespective of the fact that
any one or more of said provisions may be declared to be invalid.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after
its adoption.
Section 6. Adoption. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full
Ordinance in the office of the City Clerk at least five days prior to the adoption and within
15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the
Ordinance with the names of the Councilmembers voting for and against the Ordinance.
PASSED, APPROVED and ADOPTED this 15th day of February, 2022.
-1111111
-.Wyk
Jor. . :
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELE )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing ordinance was duly adopted by the City Council of said City at
its regular meeting thereof held in the City Hall of the City on the 15th day of February,
2022 and passed by the following vote:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lam: E. _. i
Maria Quir�io'ez,
City Clerk
41011r
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES)
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and foregoing is a full, true and correct
copy of Ordinance No. 1744 on file in my office and that said ordinance was adopted
on the date and by the vote therein stated. Dated this 15th day of February, 2022.
L_'c _ ..__L_ _ _ J. Imo!
Maria Qui°onez,
City Clerk
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