HomeMy Public PortalAboutOrd 11917
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ORDINANCE NO. 1191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, AMENDING TITLE 8 "HEAL TH AND SAFETY" OF THE RANCHO
MIRAGE MUNICIPAL CODE CHAPTER 8.12 "GARBAGE COLLECTION"
WHEREAS, The City is obligated by AB 939 to implement plans for solid waste
source reduction, reuse, and Recycling (including Composting) to meet specified
achievement milestones; and
WHEREAS, State Recycling law , Assembly Bill 341 of 2011 requires 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 requires
businesses and Multi-Family property owners that generate a specified threshold amount
of solid waste, Recycling, and Organic Waste per week to arrange for Recycling services
for that waste, requires the City to implement a Recycling program to Divert Organic
Waste from businesses subject to the law, and requires the City to implement a
Mandatory Commercial Organics Recycling program; and
WHEREAS , SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016 ,
requires the California Department of Resources Recycling and Recovery (CalRecycle)
to develop regulations to reduce organics in landfills as a source of methane; and
WHEREAS , the regulations place requirements on multiple entities including the
City, Residential households, Commercial Businesses arid 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; and
WHEREAS, SB 1383 further requires the City to adopt and enforce an ordinance
to implement relevant provisions of SB 1383 Regulations and 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, Pursuant to the California Constitution, the City is authorized to enact
ordinances to protect the public health , safety, and welfare. Pursuant to Public Resources
Code Section 40059 aspects of solid waste handling of local concern include, but are not
limited to, the frequency of Collection, means of Collection and transportation, level of
service, charges and fees, and whether solid waste services are to be provided by means
of non-exclusive , partially exclusive, or wholly exclusive franchise , contract, license or
permit, and the terms and conditions of such franchise , license or permit.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE
DOES ORDAIN AS FOLLOWS :
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully
set forth herein.
Section 2. AMENDMENT OF CHAPTER 8.12 "GARBAGE COLLECTION" OF
TITLE 8 "HEAL TH AND SAFETY" OF THE RANCHO MIRAGE
MUNICIPAL CODE
Chapter 8.12 "Garbage Collection" of Title 8 ("Health and Safety") of the Rancho
Mirage Municipal Code is hereby amended to replace section 8 .12.010 entirely to read
as set forth in attached Exhibit A.
Section 3. AMENDMENT OF CHAPTER 8.12 "GARBAGE COLLECTION" OF
TITLE 8 "HEAL TH AND SAFETY" OF THE RANCHO MIRAGE
MUNICIPAL CODE
Chapter 8 .12 is hereby amended to add new sections 8.12.130 through
8.12 .360 as set forth in attached Exhibit B .
Section 4. AMENDMENT OF CHAPTER 8.12 "GARBAGE
COLLECTION" OF TITLE 8 "HEAL TH AND SAFETY" OF
THE RANCHO MIRAGE MUNICIPAL CODE TO REPEAL
OF SECTIONS 8.12.070 AND 8.12.080
Sections 8.12.070 and 8.12 .080 of Chapter 8.12 "Garbage Collection" of
Title 8 ("Health and Safety") of the Rancho Mirage Municipal Code are hereby
repealed in their entirety.
Section 5. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this ordinance as
hereby adopted shall remain in full force and effect.
Section 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions ofthe Rancho Mirage Municipal Code as heretofore adopted
by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are
hereby repealed.
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Section 7. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption.
Section 8. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the
authority to adopt this ordinance, that the ordinance is constitutionally valid and that the
ordinance is consistent with the general powers and purposes of the City as set forth in
Section 1.04.031 of the RMMC.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause
the same to be published according to law.
Section 10. CE QA
The City of Rancho Mirage , as the Lead Agency under the California
Environmental Quality Act ("CEQA") has evaluated Ordinance No . (Next-in-Order) to
determine whether it will have a significant effect on the environment. Staff has
determined that the proposed 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.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on November 18, 2021, by the following vote:
AYES:
NOES:
Hobart, Kite, Smotrich, Townsend, Weill.
None.
ABSENT: None.
ABSTAIN: None.
z RANCHO MIRAGE:
le~
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
fq~~ Steven B. Quintanilla, City Attorney
f) "'"':,., ,.-.. ,....,;~..,_, I) crvl-1' c. ~r,,.. ,4-H-"v"'';,
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EXHIBIT "A"
AMENDMENT OF CHAPTER 8.12 "GARBAGE COLLECTION" OF TITLE 8
HEALTH AND SAFETY" OF THE RANCHO MIRAGE MUNICIPAL CODE
REPLACING SECTION 8.12.010
SEE ATTACHED)
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8.12.010 Definitions.
For the purposes ofthis Chapter, unless otherwise apparent from the context, certain words and
phrases used in this Chapter are defined as provided for below. Certain definitions shall have the same
mea ning as established in AB 939, the California Integrated Waste Management Act of 1989, as
amended from time to time, and the regulations of the California Department of Resources Recycling
and Recovery (CalRecycle ) codified at Title 14 ofthe California Code of Regulations, Division 7
commencing with Section 17000), as amended from time to time, which definitions shall take
precedence to be consistent with State law and regulations.
AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public
Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by
the regu lations ofthe California Department of Resources Recycling and Recovery, or its successor.
Anaerobic Digestion Facility" ("AD Facility") means a facility that uses a biological process that
decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a
liquid/solid stream called anaerobic digestate. The decomposition occurs in a four-step process:
hydrolysis, acidogenesis, acetogenesis, and methanogenesis to break down organic matter into
methane, carbon dioxide, water, and anaerobic digestate/residuals.
Bioengineered Feedstock" means a mixture of materials utilized in Wastewater Treatment Plants
WWTP's) or publicly owned treatment works (POTW's) to produce biogas. (This process is also referred
to as "wet anaerobic digestion".) Bioengineered Feedstock may include primary and/orsecondary sludge,
greases from the WWTP grease trap, and organic materials such as Food Scraps from households orother
organic materials from industries that have been pre-treated and liquefied to the required consistency.
Bioengineered Feedstock Facility" means a Processing Facility that accepts Food Scraps and other
Bioengineered Feedstock, chops, macerates or otherwise size -reduces the incoming materials, mixes the
material with liquid, and produces a slurry which is then transported or otherwise delivered to a
Wastewater Treatment Plant or similar facility for use as a Bioengineered Feedstock to produce methane.
Biomass Conversion Facility" (Biomass) means a facility which uses the contro lled combustion of the
following materials (when separated from MSW) to produce electricity or heat: (1) agricultural crop
residues; (2) bark, lawn, yard and garden clippings; (3) leaves, silviculture residue, tree and brush prunings;
4) Wood, Wood chips and Wood waste; or (5) non-recyclable pulp or non -recyclable paper.
Blue Container" means a contai ner where either: (a) the lid ofthe container is in blue color, or (b) the
body of the container is blue in co lor and the lid is either blue, gray, or black in color. Hardware such as
hinges and wheels on a blue container may be any color. Blue Containers sha ll be used for the purpose
of storage and Collection of Recyclable Materials.
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Brown Container" means a container where either: (a) The lid ofthe container is brown in color. The
body ofthe container is brown in color and the lid is either brown, gray, or black in color. Hardware such
as hinges and wheels on a Brown container may be any color. Brown Containers shall be used for the
purpose of storage and Collection of Food Scraps only ifdirected by the City in accordance to Section
8.12.200 of this Chapter.
Bu lky Goods" means furniture, household or industrial appliances, mattresses, shipping crate,
oversized yard waste such as tree trunks and large branches if no larger than two feet (2') in diameter
and four feet (4') in length, and other large, bulky or heavy objects not normally discarded on a regular
basis atSingle-Family and Multi-Family dwellings, or Commercial establishments. Bulky Goods does not
include automobile bodies or Construction and Demolition Debris.
California Code of Regulations" or "CCR" means the State of California Code ofRegulations. CCR
references in this Chapter are preceded with a number that refers to the relevant Title ofthe CCR (e.g.,
14 CCR" refers to Title 14 ofCCR).
City Property" means property that the City of Rancho Mirage owns in fee orover which it has an
easement, including but not limited to public streets, public right-of-ways, and public parkways.
City Receptacles" means any object designed and used to hold MSW and Divertible Materials provided
by the City for public use such as City Parks, City facilities and facilities maintained by the city.
Clean Materials Recovery Facility" or "Clean MRF" means a MRF, or that portion ofa MRF that
processes Recyclable Materials such as Single-Material Recyclables and Single Stream Re cyclable
Materials, containing no more than the maximum residue allowed by CalRecycle permit regulations
10% residue).
Collection" or "Collect" means the taking ofphysical possession of MSW, Recyclable Materials, Yard
Trimmings, Food Scraps, Construction and Demolition Debris or other materials from customers, and
their transport to a Processing Facility, transfer station or landfill.
Commercia l Business" or "Commercia l" means a firm, partnership, proprietorship, joint-stock company,
corporation, or associatio n, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-
Fami ly Residential dwelling. A Multi-Family Residential dwelling that consists offewer than five (5) units
is not a Commercial Business for purposes of implementing this Chapter.
Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food
Generator as defined below. For the purposes of this definition, Food Recovery Organizations and Food
Recovery Services are not Commercial Edible Food Generators.
A. "Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
1) Supermarket.
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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.
B. "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.
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 offeedstock and
Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet.
Compliance Review" means a review ofrecords by city to determine compliance with this Chapter.
Composting" means the creation of Compost.
Compost Facility" means a facility that processes one or more of the following that have been source -
separated from MSW: Food Scraps, Yard Trimmings, Wood, and Food -Soiled Paper such as paper
napkins and paper towels by means of outdoor windrow Composting, aerated static pile Composting,
covered Composting, vermiculture, or other outdoor Composting methods or covered Composting with
use ofeither finished Compost or fabric, synthetic or other type(s} of cover(s} applied to the Composting
piles.
Compost" is the product resulting from the controlled biological decomposition oforganic material that
are Source Separated from the MSW stream and that has been sanitized through the generation of heat
and processed to further reduce pathogens' {PFRP}, as defined by the U.S . EPA (Code of Federa l
Regulations Title 40, Part 503, Appendix B, Section B}, and stabilized to the point that it is beneficial to
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plant growth. Compost bears little physical resemblance to the raw material from which it originated.
Compost is an organic matter source that has the unique ability to improve the chemical, physical, and
biological characteristics of soils or growing media. It contains plant nutrients but is typically not
characterized as a fertilizer.
Contamination" means materials which are not specified for Collection in particular Containers and
Receptacles or for processing at any Processing Facility and which would either interfere with such
processing or reduce the quality and value of the Recovered Materials. For example, metals and plastics
constitute "Contamination" ifplaced in a Food Scraps and Yard Trimmings Container (or Green Container)
and tree trimmings or Food Scraps constitute "Contamination" if placed in a Recyclable Materials
Container (or Blue Container). Contamination of MSW means the presence of Divertible Materials in the
MSW Container (or Gray Container) such as Recyclable Materials, Food Scraps, Construction and
Demolition Debris, and/or Yard Trimmings.
Contaminate" means the act of "Contamination."
Containers" means any object designed and used to hold MSW and Divertible Materials. Recyclable
Materials, Food Scraps, Yard Trimmings or Construction and Demolition Debris to be collected by the
Franchisee. Containers include carts, bins, open-top roll off boxes, and compactors.
Construction" means the building, rehabilitation, remodeling, renovation or repair ofany facility or
structure orany portion thereof including any tenant improvements to an existing facility or structure.
Construction and Demolition Debris" or "C&D" includes building materials such as Wood, sheetrock,
metals, concrete, asphalt, dirt, yard trimmings from grubbing, packaging and rubble resulting from
Construction, remodeling, repair or Demolition operations on pavements, houses, commercial and
industrial buildings, and other structures and improvements.
Demolition" means the decimating, razing, ruining, tearing down orwrecking ofany facility, structure,
pavement, or building, whether in whole or in part, whether interior or exterio r.
Disposal Site" means the City-designated Landfill(s), transfer station(s) or other facility(ies) used for the
disposal ofMSW.
Divertible Materials" or "Divertible" means Recyclable Materials, Food Scraps, Yard Trimmings, Wood,
Construction and Demolition Debris, Special Collection Services materials, and all other materials that can
be diverted from disposal. Divertible Materials includes, but is not limited to, all materials required to be
Diverted from disposal by City, CalRecycle or any state or federal agency. Divertible Materials includes
Food Soiled Paper only when directed bythe City and in accordance with the Franchise.
Diversion" or "to Divert" means any combination ofRecycling, sorting, Composting, and/or other
processing activities conducted at a Clean MRF, a Compost Faci lity, an Anaerobic Digestion Facility, a
Bioengineered Feedstock Facility, a Construction and Demolition Debris Processing Facility or another
City-approved Processing Facility in order to prepare, use and/or market the materials for reuse,
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remanufacture, reconstitution or to otherwise return the materials to the economic marketplace and to
prevent the materials from being disposed in a landfill.
Diversion Programs" means Collection of Recyclable Materials, Yard Trimmings, Food Scraps, Wood,
Construction and Demolition Debris, and processing ofsaid materials at a Clean MRF, a Compost Facility,
a Construction and Demolition Debris processing facility or other Processing Facility. Diversion Programs
include all City Special Collection Services and other programs; and programs supported by residents,
Commercial Businesses, or other Persons that have the effect of diverting materials from landfill.
Diversion Programs includes all of the programs included in the City's Source Reduction and Recycling
Element and all ofthe programs included in the Franchise .
Edible Food" means food intended for human consumption. For the purposes of this Chapter, Edible
Food is not MSW if it is recovered and not discarded. Nothing in this Chapter requires orauthorizes the
Recovery of Edible Food that does not meet the food safety requirements ofthe California Retail Food
Code.
Electronic Waste" or "E -Waste" includes discarded video display devices such as a television screen,
computer monitor, plasma television screen, computer CPUs, LED screens and monitors, computer
keyboards, computer mouse, printers, desk copiers, multi-function desktop machines (such as a
combination printer/fax/copier), LED bulbs, VCRs, DVD/CD/tape players, cellular telephones, microwave
ovens, toasters, irons, stereos and speakers, cables, scanners and all other corded appliances and
corded devices.
Food Distributor" means acompany that distributes food to entities including, but not limited to,
Supermarkets and Grocery Stores.
Food Recovery" means actions to collect and distribute food for human consumption that otherwise
would be disposed.
Food Recovery Organization" means an entity that engages in the Collection or receipt of Edible Food
from Commercial Edible Food Generators and distributes that Edible Food to the public for Food
Recovery either directly or through other entities, including, but not limited to:
1) A food bank as defined in Section 113783 ofthe Health and Safety Code;
2) A nonprofit charitable organization as defined in Section 113841 ofthe Health and
Safety code; and,
3) A nonprofit charitable temporary food facility as defined in Section 113842 ofthe Health
and Safety Code .
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this
Chapte r .
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Food Recovery Service" means a Person or entitythat collects and transports Edible Food from a
Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.
A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter.
Food Scraps" means material resulting from the production, processing, preparation or cooking of food
for human consumption t hat is separated from MSW. Food Scraps include surplus or unsold Edible Food,
raw food left over after food preparation, leftover cooked food, as well as spoiled food such as
vegetables and culls, and plate scrapings. Food Scraps includes, without limitation, Food Scraps from
food facilities as defined in California Health and Safety Code Section 113789, food processing
establishments (as defined in California Health and Safety Code Section 111955), Grocery Stores,
farmer's markets, institutional cafeterias (such as schools, hospitals and assisted living facilities),
Restaurants, and Residential Food Scraps. Food Scraps does not include Food Soiled Paper.
Food Service Provider" means an entity primarily engaged in providing food services to institutional,
governmental, Commercial, or industrial locations ofothers based on contractual arrangements with
these types of organ izations.
Food Soiled Paper" means material that has come in contact with food or liquid, such as, but not
limited to, paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags,
waxed paper, butcher paper, paper take-out boxes and food containers, greasy pizza boxes, paper bags,
cardboard and wax-coated cardboard produce boxes . Food Soiled Paper does not includ e polystyrene,
diapers, aluminum foil or foil-lined food wrap.
Franchise" means the right or privilege conferred by the City, pursuant to this Chapter, on one or more
private entities for the Collection, transportation or other handling of MSW, Divertible Materials, Special
Collection Services, and Temporary Collection Services.
Franchisee" means a Solid Waste Enterprise having an agreement for Garbage Collection with the City
pursuant to this Chapter.
Generator" means any Person whose act first causes discarded materials to become subject to
regulation underthis Chapter or under federal, State, or loca l laws or regulations. Generator also means
a "customer."
Gray Container" means a container where either: (a) the lid of the container is gray or black in color, or
b) the body of the container is entirelygray or black in color and the lid is gray or black in color.
Hardware such as hinges and wheels on a Gray Container may be any color. Gray Containers shall be
used for the purpose of storage and Collection of MSW.
Green Container" means a Container where either: (a) the lid ofthe conta iner is green in color, or (b)
the body ofthe Container is green in color and the lid is green, gray or black in color. Hardware such as
hinges and wheels on a Green Container may be any color.
1) Green Containers shall be used for the purpose of storage and Collection of Food Scraps and
Yard Trimmings forSingle-Family Collection service.
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2) The Green Container shall be limited to the storage and Collection of Food Scraps for
Commercial and Multi-Family Collection service, unless further segregation of Food Scraps
and Yard Trimmings is required and directed by City in accordance with Section 8.12.100 of
this Chapter.
Green Waste" means "Yard Trimmings."
Grocery Store" means a store primarily engaged in the retail sale ofcanned food; dry goods; fresh fruits
and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the
store where the food is prepared and served, including a bakery, deli, and meat and seafood
departments.
Hazardous Waste" means any substance, waste or mixture ofwastes defined as "Hazardous Substance"
or "Hazardous Waste" pursuant to Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.
Section 9601 et seq., the Comprehensive Environmental Response, Compensation and Liability Act
CERCLA"), 42 U.S.C. Section 9601 et seq., and all future amendments to either of them, oras defined
by the California Department of Resources Recycling and Recovery, and all subst ances 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 Hazardous Waste bythe US Environmental Protection Agency (EPA).
Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over
hazardous orsolid waste, the term "Hazardous Waste" shall be construed to have the broader, more
encompassing definition.
High Diversion Organic Materials Processing Facility" means a facility that is in compliance with the
reporting requirements of 14 CCR Section 18815.S(d) and meets or exceeds an annual average Mixed
Waste organic content Recovery rate of50 percent between January 1, 2022 and December 31, 2024,
and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.S(e) for Organic
Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section
17402(a)(11.S).
Household Hazardous Waste" or "HHW" means any Hazardous Waste generated incidental to owning
or maintaining a place of residence. Household Hazardous Waste does not include any waste generated
in the course ofoperating a business or commercial activity at a residence or at any Commercial
Business Establishment. Typical Household Hazardous Wastes include used motor oil and oil filters,
antifreeze and other vehicle fluids, paints and varnishes, pesticides, herbicides, pool chemica lsand
cleaning supplies.
Inspection" means a site visit where the City reviews records, Containers, Receptacles, and an entity's
Collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to
determine ifthe entity is complying with requirements set forth in this Chapter.
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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 ofthe event, at alocation that includes, but is not limited to, a public,
nonprofit, or privately owned park, parking lot, golf course, street system, orother open space when
being used for an event.
Large Venue" means a permanent venue facility that annually seats or serves an average ofmore than
2,000 individuals within the grounds ofthe facility per day of operation of the venue facility. For
purposes of this Chapter and implementation of14 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, orother 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.
Loca l Education Agency" means aschool district, charter school, or County office of education that is
not subject to the control of City or County regulations related to MSW and Divertible Materials.
Mixed Waste" means Organic Waste collected in a container that is required by 14CCR Sections
18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility.
Multi-Family" means a building, dwelling unit or complex containing multiple dwelling units that house
more than four residences and that receive centralized Collection service from Containers (i.e . bins,
carts, compactors and/or roll off boxes) in enclosures or other designated areas. Apartment complexes,
condominiums, townhouses, gated developments, HOAs, mobile home parks and similarly configured
housing complexes are included if they have centralized service. Multi-Family does not include Single-
Family residences, duplexes, tri-plexes, four-plexes or any residences that have individual Cart Collection
service.
Municipal Solid Waste" or "MSW", for the purposes of this Chapter, means the variable portion of all
non -hazardous discarded materials that is left over after all Diversion Programs are utilized by the owners
and/or occupants of all Premises in the City. The owners and/or occupants of all Premises within the City
are provided with separate, designated Containers for MSW, Recyclable Materials, Yard Trimmings and
Food Scraps ((with the exception of non-food generating Commercial and Business Establishments) and
Construction and Demolition Debris (wh ere applicable)). The owners and occupants of all Premises
sepa rate and place discarded materials in the appropriate Container provided to their Premises . City
provides Special Collection Services and third parties provide Diversion Programs for Diversion of
household appliances, E-Waste, grease, fats, oils and other Divertible Materials. MSW is the material
placed by owners and/or occupants in the MSW Container and does not include materials placed in the
other Containers designated for Divertible Materials or Diverted via other Diversion Programs.
MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste regulated under California
Health and Safety Code Sections 25800, et seq., or (3) untreated medical waste which is regulated
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pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 25015, et
seq.
Organic Waste" or "Organic Materials" means, for the purposes ofthis Chapter, Food Scraps and Yard
Trimmings.
Person" means any individual, firm, partnership, limited liability company, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, municipality, district or
other political subdivision or any group or combination acting as a unit.
Premises" means any building, dwelling, or site in any zone within the City from which any activity is
conducted, including, without limitation, Residential, service, nonprofit, governmental, institutional,
educational, industrial, commercial oragricultural uses .
Processing Facilities" means facilities where the following activities are conducted: sorting, cleaning,
treating, Composting, and reconstituting collected materials and returning these materials to the
economic mainstream in the form of raw materials for new, reused or reconstituted products which
meet the quality standards ofthe marketplace. Processing Facilities include Clean Materials Recovery
Facility, Composting Facilities, Anaerobic Digestion Facilities, Bioengineered Feedstock Facilities,
Wastewater Treatment Plants, Construction and Demolition Debris sorting facilities, and concrete and
asphalt grinding facilities. Processing Facilities do not include waste-to-energy, Biomass, thermal
destruction, or any type ofTransformation facilities.
Receptacles" means any object designed and used to hold MSW and Divertible Materials provided by
Commercial Businesses for employee and customer use.
Recovered Materials" means those materials that are processed at a MRF, Compost Facility, Anaerobic
Digestion Facility, Bioengineered Feedstock Facility, Construction and Demolition Debris processing
facility or any other Processing Facility and thus Diverted from landfill disposal.
Recyclable Materials" means material which otherwise would become, or be treated as, MSW but
which, by means ofa process ofcollecting, sorting, cleansing, treating and reconstructing, may be
returned to the economic mainstream in the form of finished or source material for new, reused or
reconstituted products, which may be used in the marketplace. Recyclable Materials includes Single-
Stream Recyclable Materials and Single Material Recyclables. Recyclable Materials includes, but is not
limited to, paper, books, magazines, cardboard, boxes, plastics, metals, glass, and other similar materials
authorized by the City for Collection by the Franchise. Recyclable Materials does not include Food
Scraps, Yard Trimmings, or Construction and Demolition Debris.
Recycle" or "Recycling" shall mean the process ofcollecting, transferring, sorting, cleansing, treating,
and reconstituting materials that would otherwise become MSW, and returning them to the economic
mainstream in the form of raw material for new, reused, orreconstituted products that meet the quality
standards necessary to be used in the marketplace.
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Remote Monitoring" means the use ofthe 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 offill) and/or presence ofContamination .
Residential Premises" or "Residentia l" includes Single -Family dwellings, Multi-Family dwellings (such as
townhouses, apartments, and condominiums), gated developments, HOA's and mobile home parks that
are provided individual Collection service at each dwelling unit, whether by means ofwalk-in or curbside
Collection, and which may be individually billed by Contractor or billed, as part ofa central billing
process, by the HOA or Property Manager.
Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-
Premises or immediate consumption.
Route Review" means a visual Inspection of Containers along a hauler's Collection route for the
purpose of determining Container Contamination, and may include mechanical Inspection methods such
as the use of cameras.
SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes ofthis 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 ofregulations of 14
CCR and 27 CCR.
Scavenging" means the unauthorized removal of MSW and/or Divertible Materials from Containers of
the Franchisee or City Receptacles. Public Resources Code Section 41950 prohibits the Scavenging of
paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other Divertible Materials
from Containers and or City Receptacles.
Scout Service" means moving individual Containers of MSW, Recyclable Materials, Yard Trimmings
and/or Food Scraps to a centralized location on the property where the Containers can be emptied bya
Collection vehicle (i.e. frontloader) and then returned to their original locations. The Containers are
moved by a pickup truck, motorized utility cart orother similar lightweight vehicle. Scout Service is used
to save wear and tear on pavement in parking lots and driveways and to save Collection time. Instead of
traveling to the location ofeach individual Container to empty the Container, the Collection vehicle (i.e.
frontloader) only travels to one centralized location where the scout brings the full individual Collection
Containers for pickup.
Self-Haul" means the hauling ofMSW and/or Divertible materials to a Processing Facility or Disposal
Site orother type offacility by a Generator, owner, or occupant ofany Premises.
Single-Family" means Single-Family residences, duplexes, tri-plexes, four-plexes or any residences that
have individual Cart Collection service.
Single-Material Recyclables" means those Recyclable Materials which satisfy each of the following
requirements: (1) have been segregated from MSW for handling different from that ofMSW byorfor the
Generator thereof; (2) have been further segregated so that various types of Recyclable Materials, such
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as glass, metals, paper, cardboard, etc., are not commingled; and (3) after such segregation, contain no
more than ten percent 10% Contamination by weight.
Single Stream Recyclable Materials" or "Single Stream Recyclables" means those Recyclable Materials
collected as separated from MSW by the Generator and consisting of a mixture ofmetals, glass, plastics
1-7, and all paper grades from Single-Family Premises, Commercial Business Establishments and Multi-
Family. Single Stream Recyclable Materials are distinguished from Single-Material Recyclables, which
consist of only a single type of material, such as glass, separated from other recyclables.
Solid Waste Enterprise" means any individual, joint venture, partnership, unincorporated private
organization or private corporation regularly engaged in the business of providing solid waste handling
services.
Source Reduction and Recycling Element (SRRE)" means plans prepared by all jurisdictions in
accordance with Public Resources Code section 41000 et seq. The SRRE sets forth a jurisdiction's basic
strategy for management of MSW and Divertible Materials generated within its borders, with emphasis
on implementation of Source Reduction, Recycling, and Composting programs Source Reduction,
Recycling, and Composting programs.
Source Separated" means materials that have been separated or kept separate from the MSW 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 l 7402.S(b)(4). For the purposes ofthis Chapter,
Source Separated shall include separation of materials by the Generator, property owner, property
owner's employee, property manager, or property manager's employee into different Container and/or
Receptacles for the purpose ofCollection such that Source Separated materials are separated from
MSW for the purposes ofCollection and processing.
Special Collection Service" means programs, offered by the City or the City's Franchisee, for the
collection of Universal Waste, Household Hazardous Waste, Electronic Waste, Bulky Goods, holiday
trees, and other Diversion Programs.
Supermarket" means a full-line, self-service retail store with gross annual sales oftwo million dollars
2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some
perishable items.
Transformation Facility" means a facility utilizing incineration, pyrolysis, distillation, or biological
conversion other than Composting and does not include Composting, gasification, Biomass conversion
or "wet" or "dry" Anaerobic Digestion.
Temporary Collection Service" means Collection ofoccasional, non-continuing accumulations of waste
which is not generated from on-going activities oroperations, but which is either:
1) C&D resulting from Construction, remodeling, repair, Demolition, site preparation, or grading; or
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2) Other temporary MSW and/or Divertible Materials Collection where a container is provided for
no more than 30 consecutive days, or no more than 60 days in any 90-day period.
Universal Waste" are any of the Hazardous Wastes that are listed in section 66261.9 of Article 1,
Chapter 11, Division 4.5 ofTitle 22 ofthe California Code of Regulations (22 CCR Section 66261.9), which
includes electronic devices, batteries, electric lamps, fluorescent tubes and bulbs, high intensity
discharge lamps, sodium vapor lamps and lamps that contain added mercury, mercury-containing
equipment, CRT, CRT glass, and non-empty aerosol cans.
Wastewater Treatment Plant" means a municipal or privately owned Wastewater Treatment Plant (also
known as a "WWTP" or a "POTW") at which Food Scraps that have been mixed with liquid to create a
bioengineered feedstock, are added to adigester to enhance production of methane orother biogas to
be used to create energy.
Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale
distribution offood, where food (including fruits and vegetables) is received, shipped, stored, prepared
for distribution to a retailer, warehouse, distributor, or other destination .
Wood" means all non-hazardous Wood material that is not painted with lead-based orother paints
containing materials identified as Hazardous Waste ortreated with creosote or other hazardous
materials. Wood includes, but not limited to, tree branches and other Wood trimmings, dimensional
lumber and other pieces ofWood generated during the manufacture or processing ofWood products,
Wood generated as part of the harvesting or processing of raw woody crops, and the Wood debris from
Construction and Demolition activities.
Yard Trimmings" means tree and shrub trimmings, grass cuttings, leaves, branches, and similar materials.
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EXHIBIT "B"
AMENDMENT OF CHAPTER 8.12 "GARBAGE COLLECTION" OF TITLE 8
HEALTH AND SAFETY" OF THE RANCHO MIRAGE MUNICIPAL CODE ADDING
NEW SECTIONS 8.12.130 THROUGH 8.12 .360
SEE ATTACHED)
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8.12.130 MSW and Divertible Materials removal.
A. MSW and Divertible Materials generated, produced or accumulated in or about Single -Fam ily
and Multi-Fa mily, or other place of human habitation, shall be removed from the Premises at
least once each week, unless a waiver is approved by the City in accordance to Section 8.12.180.
Ifconditions warrant, the County Health Officer or City manager may require a greater
frequ ency of removal.
B. MSW and Divertible Materials created generated, produced or accumulated at Commercial
Busine sses shall be removed from the Premises at least once every week, unless a waiver is
approved by the City in accordance to Section 8.12.180. If conditions warrant, the County Health
Officer or City manager may require a greater frequency of removal.
C. It is unlawful for the Person, having control or possession of the Premises described in the
preceding paragraphs, to fail or neglect to provide for the removal of MSW and Divertible
Materials. Each day's violation of this section shall be treated and considered as a separate and
distinct offense.
8.12.140 Franchise Collection Containers.
A. Except for those Persons described in Section 8.12.160(8)-(N), MSW and Divertible Materials
shall be placed for Collection in Containers provided by the Franchisee, except when Special
Collection Services are authorized and then only in accordance with directions provided by the
City's Franchisee.
B. Single-Family Collection Containers sha ll be available for walk-up service or placed adjacent to
the street, or curb thereon, not earlier than twenty-four (24) hours before Collection is
scheduled and removed therefrom not later than twenty-four (24) hours after Collection.
C. Commercial and Multi-Family Containers shall be placed in enclos ures for the storage and
Co llection of MSW an d Divertible Materials. Collection of the Containers in designated areas and
enclosures may be se rviced utilizing a Scout Service vehicle.
D. Containers for Te mporary Collection Service sha ll be placed, maintained, and removed in
accordance with the City Franchise and shall require an encroachment permit if the Container is
to be placed in the public right-of-way, or on City Prop erty. It is unlawful for any Person to place
a Container for Temporary Collection Service in or on the public right-of-way without an
encroach ment permit and a Franchise. It is unlawful for any Person to place a Container for
Te mporary Collection Service on private or public property without a City Franchise.
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8.12.150 Franchises.
A.
B.
C.
D.
Authority. The City may provide for the Co llection, transportation, and processing of Divertible
Materials by Franchise; and the Collection, transportation, and disposal of MSW by Franchise. If
the City awards an exclusive Franchise, the terms of the Franchise agreement sha ll govern the
rights and obligations of the City and the Franchisee.
Franchise Required. Except as otherwise provided in this chapter, it is unlawful for any Person
other than the Franchisee to transport or collect MSW or Divertible Materials in the City or to
lea se, rent, or charge a fee for use of Containers, including Temporary Collection Service, for
MSW or Divertible Materials Collection to any Person in the City. Persons and Self-Haulers
identified in Section 8.12.160 and 8.12.170 sha ll not be required to have a Franchise.
Annexations. In the case of a Solid Waste Enterprise with an exclusive County franchise in an
area that is annexed to the City, the City sha ll assume County's rights and obligations under the
County franchise agreement and shall retain its rights under Public Resources Code Section
49520, 49521, 49522, and 49523. A Sol id Waste Enterprise with a County franchise in an area
that is annexed to the City sha ll pay the Franchise fee provided under the Franchise agreement
to the City.
Hazardous Waste Inspection and reporting.
1. The Fra nchisee shall inspect MSW and Divertible Materials put out for Collection in its
respective Containers, and sha ll reject for Collection MSW and Divertible Materials
observed to be Contaminated with Ha zardous Waste. The Franchisee sha ll promptly
notify the City and all agencies with jurisdiction, if appropriate, including the California
Department of Toxic Substances Control and local emergency response provides and the
National Response Center of reportable quantities of Hazardous Waste, found or
observed in MSW or Divertible Materials anywhere within the City. In addition to other
requ ired notification, if the Franchise observes any substances, which it or its employees
reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or
released on any City Property, including storm drains, streets or other public rights-of-
way, the Franchisee shall immediately notify the City manager or his or her designee.
2. The Franchisee shall maintain records showing the types and quantities, if any, of
Hazardous Wa ste found in MSW or Divertible Materials and which was inadvertently
collected from service recipients within the City but diverted from landfill disposal.
E. Customer service.
1. The Franchisee shall maintain an office accessib le by a local phone number, with office
hours between the hours of eight a.m. and five p.m . daily, except Sa turdays, Sundays,
and holidays. Each office sha ll be staffed with a knowledgeable representative, trained
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F.
G.
2.
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to respond to customer questions and complaints. An emergency telephone number
shall be provided to the City for use outside normal business hours .
The protection of the public health, safety and well-being require that service
complaints be acted on promptly and that a record be maintained in order to permit the
City and the Franchisee to identify potential public health and safety problems.
Accordingly, all service recipients' complaints shall be directed to the Franchisee. During
office hours, the Franchisee shall record all complaints, including the date, time,
complainant's name and address ifthe complainant is willing to give his information,
and date, and manner of resolution of the complaint. This information shall be
maintained for the period of the Franchise. The record of service complaints shall be
made available for review by representatives of the City during the Franchisee's office
hours.
Collection equipment.
1. Vehicles operated by the Franchisee shall be maintained in good operating condition
and free of graffiti. Vehicles using compaction mechanisms during the stationary
compaction process shall not exceed a single-event noise level of seventy-five (75)
decibels (dBA) at a distance of twenty-five (25) feet from the Collection vehicle
measured at an elevation of five feet above ground level. The Franchisee shall submit to
the City, upon City's request, a certificate ofvehicle noise level testing by an
independent testing entity of a representative sample of all vehicles.
2. The Franchisee shall comply with all regulations promulgated by all agencies with
jurisdiction over the safe, sanitary operation of all of their equipment. The Franchisee
shall not damage private streets over which their respective Collection equipment may
be operated and shall obtain all required approvals for operation of its respective
Collection vehicles on private streets.
Maintenance of Collection Containers. The Collection Containers provided by the Franchisee,
including Te mporary Collection Service Containers, shall be kept in a clean, painted, and
serviceable condition. Graffiti shall be promptly removed, but no later than twenty-four (24)
hours after notice by a service recipient or City. Containers shall be steam-cleaned or replaced at
least once a year. The City manager or his or her designee has the authority to require the
Franchise e to replace promptly any Container, which in the City manager's or his or her
designee's reasonable discretion is not in a clean, painted, or serviceable condition.
8.12.160 Collection by Persons other than Franchisee.
A. Except for Franchisee(s) and except for Self-Haulers and Persons described in Subsections (B) -
N) below, it is unlawful for any Person to engage in MSW and/or Divertible Materials Collection
services within the City, and all Persons currently engaging in MSW and/or Divertible Materials
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B.
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handling services within the City shall cease such operations immediately upon receiving written
notice from the City.
Actual MSW and Divertible Materials Generators. The actual producers of MSW and Divertible
Materials and the owners of property upon which MSW and Divertible Materials ha s
accumulated may personally engage in MSW and Divertible Materials handling services, but only
as to the MSW and Divertible Materials which they have actually produced or which has
accumulated on their own property, and provided that they comply with the provisions of this
Chapter and with any other governing laws. Except in accordance with Subsections (C) and (D),
actual producers and property owners sha ll not allow any other Person, except the City's
Franchisee, to perform MSW and Divertible Materials Collection services for the MSW and
Divertible Materials which they have produced, which has accumulated on their property, or
which they otherwise own or control.
C. Construction contractors . The actua l producers of Construction and Demolition Debris and the
owners of property upon which Construction and Demolition Debris has accumulated may
engage the contractor who produced all or a part of said Construction and Demolition Debris to
perform handling services or all or part of the Construction and Demolition Debris generated
during the Construction or Demolition project; provided that all suc h contractors comply with
the provisions of Chapter 7.07 ("Recycling and Diversion of Debris from Construction and
Demolition") and with any other governing laws. Said actual producers and property owners
shall not allow any other Person, except for the City's Franchisee or the contractor described in
this subsection, to perform Collection serv ices for the Construction and Demolition Debris which
they have produced, which has accum ulated on their property, or which they otherwise own or
control.
D. Gardeners and landscapers. Subject to Section 8.12.170, Gardeners or land scape rs may
transport Yard Trimmings or MSW and/or Divertible Materials generated by their work, only if
transported by their own employees in the gardener or landscaper's own vehicles to Processing
Facilities.
E. Cleanup services. Subject to Section 8.12.170, any Person whose primary business is the cleanup
of waste on the property of another and who, incidental to such business :
1) Hau ls only the MSW and/or Divertible Materials which he/she cleans up and no other
MSW and/or Divertible Materials;
2) Uses his/her own vehicle to hau l the MSW and/or Divertible Materials which he/she
cleans up;
3) Does not use a Container, whether or not suc h Container is left at the cleanup site, to
accomplish the cleanup, Collection, or transportation of the MSW and/or Divertible
Materials; and
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F.
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4) Does not use a commercial vehicle such as a front loader, side loader, or rear loader.
Compactor lessors. Persons may lease stationary compactors, which are Containers
approximately ten to 50 cubic yards in capacity with a trash compaction mechanism attached
that pushes and compresses waste into the Container, and that must be removed from the
Collection site for disposal, or compaction units that attach to smaller Collection bins that are
typically one to eight cubic yards.
G. Non -profit charities. Non -profit charities registered with the attorney general of the State
periodically accepting donations of Divertible Materials may transport the Divertible Materials,
provided that the charity transport the Divertible Materials to a Processing Facility and that
charity volunteers and employees comply with the provisions of this Chapter and with any other
governing laws.
H. Transport only. Any Person may haul MSW and/or Divertible Materials generated and collected
in other jurisdictions over City streets provided they comply with the provisions of this Chapter
and with any other governing laws and provided further that they do not engage in any MSW
and/or Divertible Materials Collection services within the City.
I.
J.
Document destruction companies. Companies whose primary purpose is the destruction of
docume nts/records that, incidental to this purpose, collect paper and deliver such paper, after
shredding/destruction, to a Processing Facility, are not required to obtain a Franchise or
recycling permit to transfer and recycle this material.
Emergencies. In the event of an emergency, including, but not limited to, the breakdown of
equipment or other unforeseen or unpreventable circumstances, or where in the judgment of
the City the particular situation justifies such action, the City may iss ue limited or temporary
contracts to any Person to perform MSW and Divertible Materials handling services, subject to
reasonable fees, charges and conditions as the circumstances may warrant and as the parties
involved may agree upon; provided that such fees and charges received from or paid to any
Person under this subsection for any period exceeding 15 days in duration shall be approved by
the Council.
K. Food Scraps that are processed on-site at a Residential Pre mises, Commercial Premises,
Industrial Premises, or Institutional Premises using either conventional Composting or by using a
Food Scrap Commercial appliance. Yard Trimmings that are processed on-site at a Residential,
Commercial, Industrial or In stitutional Premises using Composting or mulching.
L. Food Scraps that are sepa rated by the Customer and not placed for Collection by Franchisee and
that are donated or sold for use as animal feed. This includes Food Scraps that are Self-Hauled
by the Customer to any entity or Person for use as animal feed .
M . Recyclable beverage containers delivered for Recycling under the California Beve rage Container
Recycling Litter Reduction Act, California Public Re so urces Code Section 14500 et seq.
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N.
0.
Revised 11/03/2021
Edible Food for Human Consumption that is collected by any Person , including but not limited
to, non-profit organizations, for-profit organizations, partnerships or other entities, volunteers,
individuals and activities of any Persons that provide any of the following services:
1) Arrange for the Collection of Edible Food and for the delivery of such Edible Food to
locations and organizations for human consumption, including but not limited to, food
banks, churches, homeless shelters, warming shelters, other non-profit or charitable
entitles, volunteer groups, delivery to individuals (e.g. Meals on Wheels), free or reduced -
cost grocery markets, hospitals, schools and others.
2) Provide programs, telephone and computer apps, databases, and other means to connect
food donors with those that can use the Edible Food and assist the parties in getting the
Edible Food from the donor to the recipients for human consumption.
3) Compile, publish and/or distribute lists of Edible Food available for donation and food
needed (specifying types, quantities, and dates/times available and needed).
4) Provide pickup, transportation, and/or delivery of Edible Food from donors to recipients.
5) Provide reporting data on the pounds of Edible Food diverted from Disposal from these
efforts in the City.
The Council may, at its election, waive any permit, license, Franchise or other fee for selected
categories of permittees or Franchisees.
8 .12.170 Self-Hauler requirements.
Self-Haulers that collect and tran sport materials pursuant to Section 8.12.160 shall:
A. Source separate all Divertible Materials from MSW generated on-site in a manner consistent
with 14 CCR Sections 18984.1 and 18984.2, and haul the Source Separated materials to a
Processing Facility and/or a Disposal Site that recovers those materials.
1) Alternatively, Self-Haulers may haul commingled MSW and Divertible Materials to a
High Diversion Organic Materials Processing Facility as specified in 14 CCR Section
18984.3.
B. Self-Haulers that are Commercial Businesses (including Multi-Family) shall keep a record ofthe
amount of Organic Waste delivered to each Processing 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.
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2)
Revised 11/03/2021
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 .
8.12.180 Organic Waste Waivers
The following Organic Waste waivers shall be reviewed and may be approved by City in accordance to
criteria developed by City to ensure compliance with SB 1383 Regulations.
A. De Minim is Waiver. Residential development with minimal individual open space and
greenspace such as town homes with common-area open space predominantly serviced by
gardeners and landscapers subject to Section 8.12.170 of this Chapter are exempt from the
Organic Materials requirements of this Chapter. Furthermore, the City may waive a Commercial
Business' obligation (including Multi-Family) to comply with some or all of the Organic Materials
requirements of this Chapter if the Commercial Business provides documentation that the
business generates below a certain amount of Organic Materials as described in this Section.
Commercial Businesses requesting a de minim is waiver shall:
1) Submit an application specifying the services that they are requesting a waiver from and
provide documentation as noted in subdivision (b) below.
2) Provide documentation that either:
a) The Commercial Business' total MSW and Divertible Materials 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 MSW and Divertible Materials Collection service
is less than two cubic yards per week and Organic Waste subject to Collection in
a Blue Container or Green Container comprises lessthan 10 gallons per week
per applicable container ofthe business' total waste.
3) Notify the City ifcircumstances change such that the Commercial Business' Organic
Waste exceeds the threshold required for waiver, in which case the waiver will be
rescinded.
4) Provide written verification of eligibility for de minim is waiver every 5 years, if the City
has approved a de minim is waiver.
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B.
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Physical Space Waiver. A Commercial Business or property owner may request a physical space
waiver through the following process:
1) Submit an application form specifying the type(s) of Collection services for which they
are requesting a compliance waiver.
2) Provide documentation that the Premises lack adequate space for Blue Containers
and/or Green Containers including documentation from the hauler, licensed architect,
or licensed engineer.
3) Provide written verification to the City that it is still eligible for physical space waiver
every five years, if the City has approved application for a physical space waiver.
C. De Minim is Generation Waiver. Single-Family that generates less than one-half gallon per week
of Organic Waste.
D. Collection Frequency Waiver. City, in accordance with 14 CCR Section 18984.ll(a)(3), may allow
the owner or tenant of any Premises that subscribes to the City's Collection service to arrange
for the Collection of their Blue Container, Gray Container, or both once every fourteen days,
rather than once per week.
8.12.190 Requirements for Single-Family Generators
Single-Family Generators shall comply with the following requirements except Single-Family Generators
that meet the Self-Hauler requirements in Section 8.12.160 and 8.12.170:
A. Single-Family Generators shall subscribe to the City's Organic Waste Collection services for all
Organic Waste generated as described in subdivision (Bl of this Section. The 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 serv ice for proper separation of materials and
containment of materials; and, Single-Family Generators shall adjust their se rvice level for their
Collection services as directed by the City. Ge nerators may additionally manage their Organic
Waste by preventing or reducing their Organic Wa ste, managing Organic Waste on site, and/or
using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
B. Single-Family Waste Generators shall participate in the City's Organic Waste Collection service(s)
by placing design ated materials in designated Containers as described in in subdivision (C) of this
Section and shall not Contaminate Collection Containers per SB 1383 Regulations.
C. Single-Family Organic Wa ste Generators shall place Food Scraps and Yard Trimmings in the
Green Container; Recyclable Materials in the Blue Container; and MSW in the Gray Container
that are provided by the terms of the City's Franchise.
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8.12.200 Requirements for Commercial Businesses Generators
A. Generators that are Commercial Businesses shall subscribe to the City's three Container
Collection services and comply with requirements of those services as described in this Section.
B. Generators that are Commercial Businesses shall place Food Scraps in the Green Container;
Recyclable Materials in the Blue Container; and MSW in the Gray Container that are provided by
the terms of the City's Franchise. Generators shall not Contaminate Collection Containers per SB
1383 Regulations. City may require additional segregation of a Generator's Green Container for
the purposes of separating Food Scraps from Yard Trimmings. The following Containers will be
provided as directed by the City manager or his/her designee when additional segregation of a
Generator's Green Container is required:
1) A Brown Container that is limited to the Collection of Food Scraps only.
2) A Green Container that is limited to the Collection of Yard Trimmings only.
C. The City shall have the right to review the number and size of a Generator's Containers and
frequency of Collection service to evaluate adequacy of capacity such that the proper separation
of materials can be achieved with the minimum Contamination levels as required by SB 1383
Regulations. Commercial Businesses shall adjust their service level for their Collection services as
requested by the City.
D. Generators shall supply and locate an adequate number and size of internal Collection
Rec eptacles for employees to be able to sort Divertible Materials such as Food Scraps and
Recyclable Material.
E. Generators shall provide Receptacles with sufficient labels and colors for Customers to be able
to sort Divertible Materials such as Food Scraps and Recyclable Material in all indoor and
outdoor areas where disposal Receptacles are provided for customers pursuant 14 CCR Section
18984.8 (b). Such Receptacles 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
Receptacle, the n the business does not have to provide that particular Receptacle in the areas
where customers are present pursuant to 14 CCR Section 18984.9(e).
F. Generators shall periodically inspect Receptacles for Contamination and inform and educate
employees if Receptacles are Contaminated and the requirements to place Divertible Materials
in the proper Receptacle.
G. Commercial Businesses shall periodically inspect the City's Franchisee Collection Containers for
Contamination and inform employees ifContainers are Contaminated and of the requirements
to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(a).
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H.
Revised 11/03/2021
Commercial Businesses shall annually provide information to employees, contractors, tenants,
and customers and about proper sorting of Food Scraps, Recyclable Materials, and where
applicable, Yard Trimmings, and how this material is processed, recovered and diverted from
landfills pursuant to 14 CCR Section 18984.lO(b}.
I. Commercial Businesses shall provide education information before or within fourteen (14) days
of occupation of the Premises to new tenants that describes the City's Diversion Programs,
Contamination, and the location of Containers and Receptacles and the rules governing their
use at each property pursuant to 14 CCR Section 18984.l0(b}.
J. Commercial Businesses shall provide or arrange access for the City or its agent to their
properties during all Inspections conducted in accordance with Section 8.12.240 of this Chapter
to confirm compliance with the requirements of this Section.
K. Commercial Businesses shall accommodate and cooperate with the City's Remote Monitoring
program for Inspection of the contents of Containers for Contamination, which may be
implemented at a later date, to evaluate Generator's compliance with subdivision (B} above. The
Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in
the Containers provided by the City's Franchisee.
L. At Commercial Business's option and subject to any approval required from the City,
Commercial Businesses may implement a Remote Monitoring program for Inspection of the
contents of Containers provided by the City's Franchisee for the purpose of monitoring the
contents of Containers to determine appropriate levels of service and to identify Contamination.
Generators may install Remote Monitoring devices on or in the City's Franchisee Containers
subject to written notification to and approval by the City or its designee.
M. If a Commercial Business wants to Self-Haul, the Commercial Business must meet the Self-
Hauler requirements in Sections 8.12.160 and 8.12.170 ofthis Chapter.
N. Nothing in this Section prohibits a Generator from preventing or reducing waste generation
and/or managing Food Scraps and Yard Trimmings on site pursuant to 14 CCR Section
18984.9(c}.
0. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Gen erators shall
comply with Food Recovery requirements pursuant to Section 8 .12.230 of this Chapter.
8.12.210 Requirements for Multi-Family Generators
A. Generators that are Multi-Family shall subscribe to the City's three Container Collection services
and comply with requirements of those services as described in this Section.
B. Generators that are Multi-Family shall place Food Scraps in the Green Container; Recyclable
Materials in the Blue Container; and MSW in the Gray Container that are provided by the terms
of the City's Franchise. Generators shall not Contaminate Collection Containers per SB 1383
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Revised 11/03/2021
Regulations. City may require additional segregation of a Generator's Green Container for the
purposes of separating Food Scraps from Yard Trimmings. The following Containers will be
provided as directed by the City manager or his/her designee when additional segregation of a
Generator's Green Container is required:
1) A Brown Container that is limited to the Collection of Food Scraps only.
2) A Green Conta iner that is limited to the Collection of Yard Trimmings only.
C. The City sha ll have the right to review the number and size of a Generator's Containers and
frequency of Collection service to evaluate adequacy of capacity such that the proper separation
of materials can be achieved with the minimum Contamination levels as required by SB 1383
Regulations. Multi-Family sha ll adjust their service level for their Collection services as
requested by the City.
D. Generators shall supply and allow access to adequate number, size and location of Collection
Containers with sufficient labels or colors pursuant to 14 CCR Section 18984.8 for tenants,
employees, and contractors, consistent with the City's Franchisee Collection Container service.
E. Generators sha ll periodically inspect Containers for Contamination and inform and educate
tenants if Containers are Contaminated and the requirements to place Divertible Materials in
the proper Container.
F. Generators shall annually provide information to tenants about proper sorting of Food Scraps,
Recyclable Materials, and where applicable, Yard Trimmings, and how this material is processed,
recovered and diverted from landfills.
G. Multi-Family shall provide or arrange access for the City or its agent to their properties during all
Inspections conducted in accordance with Section 8.12.340 of this Chapter to confirm
compliance with the requirements of this Section.
H. Multi-Family sha ll accommodate and coope rate with the City's Remote Monitoring program for
Inspection of the contents of Containers for Contamination, which may be implemented at a
later date, to eva luate Generator's compliance with subdivision (B) above. The Remote
Monitoring program sha ll involve installation of Remote Monitoring equipment on or in the
Containers provided by the City's Franchisee.
I. At Multi-Family's option and subject to any approva l required from the City, Multi-Family may
implement a Remote Monitoring program for Inspection of the contents of Containers provided
by the City's Franchisee for the purpose of monitoring the contents of Containers to determine
appropriate leve ls of service and to identify Contamination. Generators may install Remote
Monitoring devices on or in the City's Franchisee Containers subject to written notification to
and approval by the City or its designee.
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Revised 11/03/2021
If a Multi-Family Generator wants to Self-haul, the Multi-Family Generator must meet the Self-
Hauler requirements in Sections 8.12.160 and 8.12.170 of this Chapter.
K. Nothing in this Section prohibits a Multi-Family Generator from preventing or reducing waste
generation, managing Food Scraps and Yard Trimmings on site, or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
8.12.220 Organic Waste Haulers and Facility Operators
A. Requirements for Haulers.
1) Franchisees 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,
Franchise, or other authorization with the City to collect Organic Waste:
a) Through written notice to the City annually, in accordance to the City Franchise,
on or before June 30, identify the Processing Facilities to which they will
transport Divertible Materials.
b) Obtain approval from the City to haul Food Scraps and/or Yard Trimmings,
unless it is transporting these materials to a Community Composting site or
lawfully transporting C&D in a manner that complies with 14 CCR Section
18989.1, Section 8.12.320 of this Chapter, and Chapter 7.07 (Recycling and
Diversion of Debris from Construction and Demolition).
c) Comply with education, equipment, signage, Container labeling, Container
color, Contamination monitoring, reporting, and other requirements contained
within its Franchise agreement, permit, or license issued by the City and within
SB 1383 Regulations.
B. Requirements for Facility Operators and Community Composting Operations.
1) Owners of Processing 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
av ailable 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 Wa ste 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 .
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8.12.230 Organic Waste 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 .
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 Organi za tion 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 ofall 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 Foo d 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.
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iv)
Revised 11/03/2021
The quantity of food, measured in pounds recovered per month,
collected or Self-Hauled to a Food Recovery Service or Food Recovery
Organization for Food Recovery.
D. Nothing in this 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 (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 amended Section 114079 of the Health and Safety Code, relating to
food safety, as amended, supplemented, superseded and replaced from time to time).
8.12.240 Food Recovery Organizations and services; regional agencies.
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 eac h 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):
C.
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.
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 ormore
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Revised 11/03/2021
Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the
City the total pounds of Edible Food recovered in the previous calendar year from the Tier One
and Tier Two Commercial Edible Food Generators they have established a contract or written
agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1.
D. Food Recovery Capacity Planning. In order to sup port Ed ible Food Recovery capacity planning
assessments or other studies conducted by the City, 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.
8.12.250 Illegal Collection Containers on private property.
A. It is unlawful for any private property owner to permit a Collection Container, including
Temporary Collection Service, which is not owned by the City Franchisee to be located on the
owner's real property, except for Self-Haulers and Persons as described in Section 8.12.160.
B. Any such illegal Container is prohibited, a public nuisance, is subject to removal and the
Container may be impounded pursuant to Section 8.12.260.
8.12.260 Impound of illegal Collection Containers.
A. Any Collection Container, including a Container used for Temporary Collection Service, which is
unlawfully deposited on City Property by any Person sha ll be subj ect to removal and impound by
order of the City manager or the City manager's designee. The owner of any Container that is
removed and impounded pursuant to this section shall be liable to the City for payment of an
impound fee, the amou nt of which shall be fixed by Council reso lution, in addition to the
payment of any other fees or expenses incurred for the stor age of the Container and/or the
processing and safe disposal of the contents thereof.
B. The City manager, or the City manager's designee, by written notice may require the removal of
anyContainer on City Property. A notice sha ll be posted upon the Container. The notice shall
specify the violation and shall require the removal ofthe Container within twenty-four (24)
hours. Such notice shall be required one time only to any one owner of a Container. Following
such posting, it shall be conclusively presumed thereafter that the owner of the Container has
knowledge ofthe requirements of this section . Ifthe Container is not removed within twenty-
four (24) hours, then the Container is subject to impoundm ent.
C. Future placement of a Container on City Property by a Person that has be en previously notified
of suc h violation shall be deemed to be in violation of the provisions of this section and such
notice shall not be required to be posted on said Container prior to impoundment by the City .
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D.
Revised 11/03/2021
Written notice (if an address is ascertainable) shall be provided by the City, to the owner of the
impounded Container, of the impound charges and location of the stored Container. A
Container that is unclaimed ninety (90) days after the notice required by this chapter, or after
ninety (90) days if the owner cannot be ascertained, may be donated by the City to the
Franchisee.
8 .12.270 Dumping prohibited.
It is unlawful for any Person to place, deposit, or dump MSW and/or Divertible Materials upon any
private or public real property in the City, except in Containers for Collection services provided by the
City's Franchisee. It is unlawfu l for any Person to place, deposit or dump Hazardou s Waste, medical
waste, or abandoned vehicles, or parts thereof, upon any private or public real property in the City.
8.12.280 Scavenging prohibited.
It is unlawful for any Person, other than the Franchisee to remove MSW and/or Divertible Materials
from the Franchisee's Collection Containers, including Containers for Temporary Collection Service. It is
unlawful for any Person, other than a City employee, contractor or Franchisee, to remove MSW and/or
Divertible Materials from City Receptacles.
8.12.290 Sanitary transportation of MSW and Divertible Materials.
No Person shall convey or transport MSW and/or Divertible Materials upon or alon g any public street in
the City unless such MSW and Divertible Materials is contained and/or covered or otherwise secured so
as to prevent it from leak ing, dripping, falling, blowing or scattering from the vehicle in which it is being
conveyed or transported. All vehicles and equipment used in the transport of any form of MSW and
Divertible Materials shall be kept clean. No Person sha ll drain the liquid from any such vehicle upon any
road or highway or upon any other land in the City. Persons hauling MSW and Divertible Materials on
the City streets shall comp letely empty the MSW and Divertible Materials from their vehicles and/or
disposal Receptacles at the Processing Facility or permitted landfill, or re-cover them ifthey are not
completely emptied, in order to prevent the scattering of residue on the return trip.
8.12.300 Days and hours of collection.
A. Single-Family and Multi-Family Collection sha ll be made on ly between the hours of 7 :00 a.m.
and 6:00 p.m., Monday through Friday, and between 7:00 a.m. and 6:00 p.m. on a Saturday
following a holiday.
B. Commercial Co llection, excluding Multi-Family Residential dwellings, sha ll be made on ly
between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, and between 6:00
a.m. and 6:00 p.m. on a Saturday following a holiday.
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C.
Revised 11/03/2021
The City manager or his/her designee may modify the days and hours of Co llection to address
any public health, safety and welfare concerns.
8.12.310 Encroachment permit.
A. An encroachment permit is required to place a temporary collection bin in the public right-of-
way or upon any City Property. An encroachment permit is also required for an insta-bin if it will
be, or is located in the public right-of-way for more than seven days. Only the Franchisee
authorized by the Franchise to provide Temporary Collection Service may obtain an
encroachment permit for a temporary collection bin or for an insta -bin. Applications for such
permit sha ll be on forms supp lied by the City and shall contain the following information :
B.
C.
1. Name, address, and business telephone;
2. Evidence of a so lid waste Fra nchise;
3. Name, address and telephone number of Person or Persons who will have the
responsibility for the placement, servicing and removal of the temporary collection
bin(s), or insta-bin (s), as described above.
Applications sha ll be accompanied by a permit fee, determined in accordance with a resolution
of the Council.
Encroachment permits may be issued by the city Engineer for a maximum of thirty (30) days,
and are revocable at any time by the city Eng in ee r, if the permittee violates City ordinances or
state law, any term of the permit, or if the permittee's bins are deemed to constitute a traffic
hazard or public nuisance. A permittee shall promptly remove its bin(s) if the permit is revoked.
All decisions of the city Engineer regarding the issuance and revocation of encroachment
permits are final and are not appealable.
D. Encroachm ent permits are not transferable by assig nm ent, sale, or other means without the
express written permiss ion of the city Engineer.
8.12.320 Compliance with CalGreen Recycling Requirements.
A. Persons applying for a permit from the City for new Construction and building additions and
alternat ions sha ll comply with t he requirements of this Section and all required components of
the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen and
incorporated as part of the City's Building Code pursuant to Chapter 10-68 of this Code, if its
project is covered by the scope ofCALGreen. If the requirements ofCALGreen are more
stringent than the requirements of this Section, the CALGreen requirements shall apply. Project
applicants shall refer to the City's Building Code forcomplete CALGreen requirements.
B. For projects covered by CALGreen, the applicants must, as a condition of the City's permit
approva l, comply with the following:
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1.
Revised 11/03/2021
Where five (5) or more Multi-Family dwelling units are constructed on a building site,
provide readily accessible areas that serve occupants ofall buildings on the site and are
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
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 CALGreen as
amended, provided that amended requirements are more stringent than the CALGreen
requirements for adequate Recycling space effective January 1, 2020.
2. New Commercial Co nstruction or additions resulting in more than 30% of the floor area
shall provide read ily accessible areas identified for the storage and Co llection of Blue
Container and Green Container materials, consistent with the three-container Collection
program offered by the City, or sha ll 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 CALGreen, as amended, provided that 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 Yard Trimmings, Wood, Food Scraps, and Recyclable
Materials in C&D from disposal in landfills. Comply with the City's Recycling and
Diversion of Debris from Construction and Demolition regulations, Chapter 7.07 of this
Code, and all written and published policies and/or administrative guidelines regarding
the Collection, Recycling, Diversion, tracking, and/or reporting of C&D.
8.12.330 Reserved
A. 8.12.340 Inspection and investigation.
A. City representatives and/or its designated entity, including designees are authorized to conduct
Inspections and investigations, at random or otherwise, of any Containers and Receptacles,
Collection vehicle loads, or Processing Facilities for materials collected from Generators, or
Source Separated materials to confirm compliance with this Chapter by Single-Family
Generators, Multi-Family Generators, Commercia l Businesses Generators, property owners,
Commercial Edib le Food Gene rators, 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 and Receptacles for comp liance with Section 8.12.200(8) ofthis
Chapter, City may conduct Container Inspections for Contamination using Remote Monitoring,
and Commercia l Businesse s sha ll accom modate and cooperate with the Remote Monitoring
pursuant to Section 8.12.200(K) of this Chapter.
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8.
Revised 11/03/2021
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 and Receptacles,
Edible Food Recovery activities, records, or any other requirement of this Chapter. Failure to
provide or arrange for: (i) access to an entity's Premises; or (ii) access to records for any
Inspection or investigation is a violation of this Chapter and may result in penalties.
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 Chapter, subject to applicable laws.
E. City shall receive written complaints from Persons regarding an entity that may be potentially
non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
8.12.350 Enforcement.
A. Any Person violating any provision of this Chapter shall be punishable pursuant to Title 14 (Code
Compliance and Remedies) of this Code as well as any other available remedy at law.
B. In addition, in the event any violation of this Chapter constitutes an imminent danger to public
health, safety or the environment, the City manager or any agent or Person designated by the
City manager, may enter upon the Premises from which the violation emanates, abate the
violation and danger created to the public safety or the environment, and restore any Premises
affected by the alleged violation, without notice to or consent from the owner or occupant of
the Premises. An imminent danger shall include, but is not limited to, circumstances created by
a disposal of solid or Hazardous Waste where such disposal creates a significant and immediate
threat to the public health or safety, or the environment.
C. Violations of this Chapter are deemed public nuisances, which may be abated by administrative,
civil, or criminal action in accordance with the terms and provisions of this code and state law.
All costs and fees incurred by the City because of any violation of this Chapter, which constitutes
a nuisance, including all administrative fees and expenses and legal fees and expenses, shall
become a lien against the subject Premises from which the nuisance emanated, and a personal
obligation against the owner. The owner of record of the Premises subject to any lien shall
receive notice of the lien prior to recording. The City attorney is authorized to collect nuisance
abatement costs or enforce a nuisance lien in an action brought for money judgment, or by
delivery to the County assessor of a special assessment against the Premises.
D. SB 1383 Regulations violations and process of enforcement.
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E.
Revised 11/03/2021
1. Beginning January 1, 2022 and through December 31, 2023, the City shall conduct
Inspections, Route Reviews or waste evaluations, Compliance Reviews, and may conduct
Remote Monitoring, depending upon the type of regulated entity, to determine compliance,
and if the City determines that a 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 notice of violation along with educational materials to the
entity desc ribing its obligations under SB 1383 Regulations 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.
2. Beginning January 1, 2024, the City shall conduct Inspections, Route Reviews or waste
evaluations, Compliance Reviews , and may conduct Remote Monitoring, depending upon
the type of regulated entity, to determine compliance, and if the City determines that a
Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance with SB 1383
Regulations, City shall take enforcement action as set forth below.
a) City shall iss ue a notice of violation requiring compliance within 60 days of the issuance
of that notice.
b) Absent compliance by the respondent within the deadline set forth in the notice of
violation, City shall commence an action to impose penalties in accordance to Section
8.12.360 or as set by reso lution of the City Council if applicable.
c) City may extend the compliance deadlines set forth in a notice of violation issued
pursuant if it finds that extenuating circumstances beyond the control of the
respondent make compliance within the deadlines impracticable. For purposes of this
section, extenuating circumstances are:
i. Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or
19 natural disasters;
ii. Delays in obtaining discretionary permits or other government agency
approvals;
iii. Deficiencies in Organic Waste Recycling capacity infrastru cture or Edible Food
recovery capacity.
d) A notice ofviolation shall include the following information:
i. The name(s), oraccount name(s) if different, ofeach Person orentityto whom
it is directed .
ii. A factual description of the SB 1383 Regulations violations, including the
regulatory section(s) being violated .
iii. A compliance date by which the operator is to take specified action(s).
iv. The penalty for not complying within the spec ified compliance date.
The City may utilize any and all other remedies as otherwise provided bythis Code and
California law to enforce the provisions of this Chapter.
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Revised 11/03/2021
8.12.360 Penalties for SB 1383 Regulation Violations.
City shall impose penalties for violations ofSB 1383 Regulations consistent with the applicable
requirements prescribed in Government Code Sections 53069.4, 25132 and 36900. The SB 1383
Regulations violation penalty levels per Section 18997.2 are set at the following levels :
1) For a first violation, the amount of the base penalty shall be $50 -$100 per violation.
2) For a second violation, the amount of the base penalty shall be $100 -$200 per violation.
3) For a third or subsequent violation, the amount of the base penalty shall be $250 -$500 per
violation.
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF RANCHO MIRAGE)
I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby
certify under penalty of perjury, that the foregoing Ordinance No. 1191 was introduced
by first reading at a regular meeting of the City Council held on November 4th , 2021, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Hobart, Kite, Smotrich, Townsend, Weill.
None.
None.
None.
Ordinance No. 1191 was adopted at a regular meeting of the City Council held
on November 18th , 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Hobart, Kite, Smotrich, Townsend, Weill.
None.
None.
None.
I further certify that I have caused Ordinance No. 1191 to be posted and/or
published, as required by law (GC Sect. 36933).
0-_--
Kristie Ramos
City Clerk