HomeMy WebLinkAbout600ORDINANCE 600
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADDING
CHAPTER 8 "MANDATORY ORGANIC WASTE DISPOSAL
REDUCTION" TO TITLE 6 OF THE LOS ALTOS MUNICIPAL CODE
RELATING TO ORGANIC WASTE DISPOSAL AND RELATED
REGULATIONS PURSUANT TO SENATE BILL 1383
WHEREAS, the Town of Los Altos Hills, California ("Town") is a municipality, duly
organized under the constitution and laws of the State of California; and
WHEREAS, in September 2016, Senate Bill 1383 ("SB 1383") established statewide
methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants
in various sectors of California's economy; and
WHEREAS, SB 1383 includes statewide goals to reduce the disposal of organic waste (food
scraps, yard debris, paper products, etc.) and recover edible food for human consumption; and
WHEREAS, to meet the SB 1383 regulations, jurisdictions throughout the State must adopt
an ordinance or other similarly enforceable mechanism by 2022; and
WHEREAS, this ordinance will mandate that organic waste generators, haulers, and other
entities subject to the requirements of SB 1383 regulations and subject to the authority of the Town
of Los Altos Hills, comply with SB 1.383 regulatory requirements; and
WHEREAS, through adoption of this ordinance, the City Council desires to add Chapter 8,
"Mandatory Organic Waste Disposal Reduction", to Title 6 of the Los Altos Hills Municipal Code
relating to organic waste disposal and related regulations pursuant to Senate Bill 1383.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain
as follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the Town of Los
Altos Hills hereby makes the following findings:
1. All of the facts and recitals above are true, correct, incorporated herein and made a
part hereof. such that there exists a current and immediate threat to the public health, safety,
and welfare requiring immediate implementation of an urgency ordinance to regulate
residential development projects, subdivisions and site developments in the Town of Los
Altos Hills.
2. This Ordinance is adopted pursuant to CalRecycle's SB 1383 Regulations. The SB
1383 Regulations were the subject of a program environmental impact report (EIR) prepared
by CalRecycle, and the activities to be carried out under this Ordinance are entirely within
the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the
ordinance 600 Page I
EIR are applicable to the Town's enactment of this Ordinance. Moreover, none of the
conditions requiring a subsequent or supplemental EIR, as described in Public Resources
Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections
15162 and 151.63, have occurred. The EIR therefore adequately analyzes any potential
environmental effects of the Ordinance and no additional environmental review is required.
On a separate and independent basis, the Ordinance is exempt from CEQA pursuant to
Section 1.5308, Class 8 of the CEQA Guidelines of as an action that will not have a significant
impact on the environment and as an action taken by a regulatory agency for the protection
of the environment, specifically, for the protection of the climate. There are no unusual
circumstances that would cause this Ordinance to have a significant effect on the
environment.
SECTION II. AMENDMENT.
A new Chapter 8, entitled "Mandatory Organic Waste Disposal Reduction" is hereby added
to Title 6 of the Los Altos Hills Municipal Code to read as set forth in Exhibit A to this Ordinance,
which is hereby incorporated as though set forth in full herein.
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid or unconstitutional the remainder of this ordinance, including the application of such
part or provision to other persons or circumstances shall not be affected thereby and shall continue
in full force and effect. To this end, provisions of this ordinance are severable. The City Council of
the Town of Los Altos Hills hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall be effective upon thirty (30) days from its date of adoption. Within
fifteen days after the passage of this ordinance, the Town Cleric shall cause this ordinance or a
summary thereof to be published once, with the names of those Town Councilmembers voting for
or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law.
INTRODUCED: January 20, 2022
PASSED: February 17, 2022
AYES: Mayor Tyson, Vice Mayor Swan, Councilmember Mok, Councilmember
Schmidt, Councilmember Tankha
NOES: None
ABSTENTIONS: None
ABSENT: None
Ordinance 600 Page 2
ATTEST:
Deborah Padovan, City Clerk
APPROVED AS TO FORM:
Steve Mattas, City Attorney
BY:
George Ty o , Ma
Ordinance 600
Page 3
Title 6. Sanitation and Health
Chapter 8. Mandatory Organic Waste Disposal Reduction
6-8.01 Purpose and Findings.
The Town of Los Altos Hills finds and declares:
(a) State recycling law, Assembly Bill 939 of 1989, the California integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000, et seq., as
amended, supplemented, superseded, and replaced from time to time), requires cities and
counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their
Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of
waste, to conserve water, energy, and other natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of
California on October 5, 201.1, which amended Sections 41730, 41731, 41734, 41735, 41736,
41800, 42926, 44004, and 50001 of, and added Sections 40004, 41.734.5, and 41780.01 and
Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and
repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented,
superseded and replaced from time to time), places requirements on businesses and Multi -
Family property owners that generate a specified threshold amount of Solid. Waste to arrange
for recycling services and requires Jurisdictions to implement a Mandatory Commercial
Recycling program.
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the
State of California on September 28, 2014, which added. Chapter 12.9 (commencing with
Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid
Waste, as amended, supplemented, superseded, and replaced from time to time), requires
businesses and Multi -Family property owners that generate a specified threshold amount of
Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for
that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste
from businesses subject to the law, and requires Jurisdictions to implement a Mandatory
Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to
develop regulations to reduce organics in landfills as a source of methane. The regulations
place requirements on multiple entities including jurisdictions, residential households,
Commercial Businesses and business owners, Commercial Edible Food Generators, haulers,
Self -Haulers, Food Recovery Organizations, and Food Recovery Services to support
achievement of Statewide Organic Waste disposal reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to
adopt and enforce an Chapter or enforceable mechanism to implement relevant provisions of
SB 1383 Regulations. This Chapter will also help reduce food insecurity by requiring
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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.
(t) Requirements in this Chapter are consistent with other adopted goals and policies of the
Town including: the Town of Los Altos Hills' General Plan, purchasing procedures,
Municipal Code provisions including but not limited to those relating to Water Efficient
Landscape (Section 10-2.809) and Construction and Demolition (Title 8), and greenhouse
gas reduction and local climate action goals.
6-8.02. Title Of Chapter.
This Chapter shall be entitled "Mandatory Organic Waste Disposal Reduction Ordinance".
6-8.03. Definitions.
The following terms and definitions shall apply for the purposes of this Chapter. Where applicable,
the terms and definitions described below shall have the same meaning as set forth under the
corresponding provisions of 14 CCR § 18982.2 and as respectively restated here. If any definition
under 14 CCR §18982.2 contradicts a definition set forth in this Chapter, the definition under 14
CCR §18982.2 shall govern. If a definition under 14 CCR §18982.2 is subsequently modified or
replaced after the effective date of the enabling ordinance of this Chapter, the definition under 14
CCR §18982.2 shall govern.
(a) "Blue Container" shall be used for the purpose of storage and collection of Source
Separated. Recyclable Materials, and means a container where either:
(i) The lid of the container is blue in color; or
(ii) The body of the container is blue in color 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.
(b) "CalRecycle" means California's Department of Resources Recycling and Recovery, which
is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on jurisdictions (and others).
(c) "California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references in this Chapter are preceded with a number that refers to the
relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
(d) "Code" means, unless otherwise specified, the Town of Los Altos Hills Municipal Code.
(e) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-
stock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling. The term "Commercial Business" or
"Commercial" may be referred to as "non-residential" in a franchise agreement with the
Exclusive Franchised Hauler.
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(f) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible
Food Generator as defined in Sections 3(rrr) and 3(sss) of this Chapter. For the purposes of
this definition, Food Recovery Organizations and Food Recovery Services are not
Commercial Edible Food Generators.
(g) "Compliance Review" means a review of records by a Town to determine compliance with
this Chapter.
(h) "Community Composting" means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total
amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards
and 750 square feet, as specified in 14 CCR Section 17855(a)(4).
(i) "Compost" means the product resulting from the controlled biological decomposition of
organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or
which are separated at a centralized facility.
Q) "Container" means either a Blue, Gray, or Green Container described in this Chapter.
(k) "Container Contamination" or "Contaminated Container" means a container, regardless of
color, that contains Prohibited Container Contaminants.
(1) "C&D" means construction and demolition debris.
(m) "Designee" means an entity that a Town contracts with or otherwise arranges to carry out
any of the Town's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2.
A Designee may be a government entity, a hauler, a private entity, or a combination of those
entities, as authorized by the Town.
(n) "Edible Food" means food intended for human consumption. For the purposes of this
Chapter, "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in
this Chapter requires or authorizes the Recovery of Edible Food that does not meet the food
safety requirements of the California Retail Food Code.
(o) "Edible Food Recovery" means actions to collect, receive, and/or re -distribute Edible Food
for human consumption from Tier One and Tier Two Commercial Edible Food Generators
that otherwise would be disposed.
(p) "Enforcement Action" means an action of the Town to address non-compliance with this
Chapter including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies.
(q) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste,
and toxic substances or material that facility operator(s), which receive materials from the
Town and its generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or
Chapter, including: land use restrictions or conditions, waste that cannot be disposed of in
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Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions,
or its Designee's reasonable opinion would present a significant risk to human health or the
environment, cause a nuisance or otherwise create or expose Town, or its Designee, to
potential liability; but not including de minimis volumes or concentrations of waste of a type
and amount normally found in Single -Family or Multi -Family Solid Waste after
implementation of programs for the safe collection, processing, recycling, treatment, and
disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California
Public Resources Code. Excluded Waste does not include used motor oil and filters,
household batteries, and universal wastes, when such materials are defined as allowable
materials for collection through the Town's collection programs and the generator or
customer has properly placed the materials for collection pursuant to instructions provided
by Town or its Designee for collection services.
(r) "Exclusive Franchised Hauler" means the person or entity with whom the Town has
contracted, as set forth under Title 6, Chapter 3 of this Code, to collect, receive, carry and/or
transport solid waste in accordance with the provisions of Chapter 3.
(s) "Food Distributor" means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores.
(t) "Food Facility" means an operation that stores, prepares, packages, serves, vends, or
otherwise provides food for human consumption at the retail level, as set forth in Section
113789 of the Health and Safety Code.
(u) "Food Recovery" means actions to collect and distribute food for human consumption that
otherwise would be disposed.
(v) "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:
A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and
Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code,
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes
of this Chapter.
(w) "Food Recovery Service" means a person or entity that collects and transports Edible Food
from a Commercial Edible Food Generator to a Food. Recovery Organization or other entities
for Food Recovery.
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(x) "Food Service Provider" means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on
contractual arrangements with these types of organizations.
(y) "Gray Container" shall be used for the purpose of storage and collection of Mixed
Compostables and means a container where either:
(i) The lid of the container is gray or black in color; or
(ii) The body of the container is entirely gray 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.
(z) "Green Container" may be used for the purpose of storage and collection of Yard
Trimmings and means a container where either:
(i) The lid of the container is green in color.
(ii) The body of the 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.
(aa) "Hauler Route" means the designated itinerary or sequence of stops for each segment of the
Town's collection service area.
(bb) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance
with the reporting requirements of 1.4 CCR Section 1.8815.5(d) and meets or exceeds an
annual average Mixed Compostables organic content Recovery rate of 50 percent between
January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated
pursuant to 1.4 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste
organic collection stream" as defined in 14 CCR Section 17402(a)(11.5).
(cc) "Inspection" means a site visit where a Town reviews records, containers, and an entity's
collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling
to determine if the entity is complying with requirements set forth in this Chapter.
(dd) "Large Event" means an event, including, but not limited to, a sporting event or a flea market,
that charges an admission price, or is operated by a local agency, and serves an average of
more than 2,000 individuals per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street
system, or other open space when being used for an event.
(cc) "Large Venue" means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the
venue facility. For purposes of this Chapter, a venue facility includes, but is not limited to, a
public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track,
performing arts center, fairground, museum, theater, or other public attraction facility. For
purposes of this Chapter, 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.
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(fo "Local Education Agency" means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to Solid Waste.
(gg) "Mixed Compostable Materials Organic Collection Stream" or "Mixed Compostables"
means those materials separated from Source Separated Recyclable Materials, as designated
by the Exclusive Franchise Hauler, that must be taken to a High Diversion Organic Waste
Processing Facility.
(hh) "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the composting process.
(ii) "Non -Local Entity" means the following entities that are not subject to the Town's
enforcement authority:
(1) Special district(s) located within the boundaries of the Town.
(2) Federal facilities located within the boundaries of the Town.
(3) Facilities operated by the State park system located within the boundaries of the
Town.
(4) Public universities (including community colleges) located within the boundaries of
the Town.
(5) County fairgrounds located within the boundaries of the Town.
(6) State agencies located within the boundaries of the Town.
(jj) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a
compliance date to avoid an action to seek penalties.
(kk) "Organic Waste" means Solid Wastes containing material originated from living organisms
and their metabolic waste products, including but not limited to food, green material,
landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products,
Printing and Writing Paper, manure, biosolids, digestate, and sludges. Biosolids and
digestate are as defined by 14 CCR Section 18982(a).
(ll) "Organic Waste Generator" means a person or entity that is responsible for the initial creation
of Organic Waste.
(mm) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping,
packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.
(nn) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila
envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing
papers, posters, index cards, calendars, brochures, reports, magazines, and publications.
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(oo) "Prohibited Container Contaminants" means the following: (i) discarded materials placed in
a Blue Container that are not identified as acceptable Source Separated Recyclable Materials
for the Town's Blue Container; (ii) discarded materials placed in the Gray Container that are
identified as acceptable Source Separated. Recyclable Materials, which are to be separately
collected in the Town's Blue Container; and, (iii) Excluded Waste placed in any container.
(pp) "Recovered Organic Waste Products" means products made from California, landfill -
diverted recovered Organic Waste processed in a permitted or otherwise authorized facility.
(qq) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b).
(rr) "Recycled -Content Paper" means Paper Products and Printing and. Writing Paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber.
(ss) "Regional Agency" means regional agency as defined in Public Resources Code Section
40181.
(tt) "Renewable Gas" means gas derived from Organic Waste that has been diverted from a
California landfill and processed at an in -vessel digestion facility that is permitted or
otherwise authorized by 14 CCR to recycle Organic Waste.
(uu) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks
for on -premises or immediate consumption.
(vv) "Route Review" means a visual Inspection of containers along a Hauler Route for the
purpose of determining Container Contamination, and may include mechanical Inspection
methods such as the use of cameras.
(ww) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division
30 of the Public Resources Code, establishing methane emissions reduction targets in a
Statewide effort to reduce emissions of short-lived climate pollutants as amended,
supplemented, superseded, and replaced from time to time.
(xx) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this
Chapter, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12
and amended portions of regulations of 14 CCR and 27 CCR.
(yy) "Single -Family", for the purpose of this Chapter, means of, from, or pertaining to any
residential premises with fewer than five (5) units.
(zz) "Self -Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material
he or she has generated to another person. Self -hauler also includes a person who back -hauls
waste. Back -haul means generating and transporting Organic Waste to a destination owned
and operated by the generator using the generator's own employees and equipment.
ordinance 600 Cage 10
(aaa) "Solid Waste" has the same meaning as defined in State Public Resources Code Section
40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and
liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, abandoned vehicles and parts thereof, discarded home
and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not
hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other
discarded solid and semisolid wastes, with the exception that Solid Waste does not include
any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8
(commencing with Section 114960) of Pant 9 of Division 104 of the State Health and
Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part
14 (commencing with Section 11.7600) of Division 104 of the State Health and Safety
Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as
defined in State Public Resources Code Section 40195.1. Medical waste that has been
treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of
the State Public Resources Code.
(bbb) "Source Separated" means materials, including commingled recyclable materials, that have
been separated or kept separate from the Solid Waste stream, at the point of generation, for
the purpose of additional sorting or processing those materials for recycling or reuse in order
to return them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products, which meet the quality standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR Section 1.7402.5(b)(4). For the purposes of
the 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 containers for the purpose of collection such that Source Separated materials are
separated from Mixed Compostables or other Solid Waste for the purposes of collection and
processing.
(ccc) "Source Separated Recyclable Materials" means any material designated to be separated
from the waste stream for purposes of recycling. This designation shall be made by the
Exclusive Franchised Hauler via a franchise agreement or similar documentation.
(ddd) "Source Separated Yard Trimmings" means any material designated to be separated from the
waste stream for purposes of yard trimmings composting. This designation shall be made by
the Exclusive Franchised Hauler via a franchise agreement or similar documentation
(eee) "State" means the State of California.
(fff) "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.
(ggg) "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 1.00 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.
(hhh) "Town" means the Town of Los Altos Hills.
(iii) "Town. Enforcement Official" means the City Manager or his or her designee, the City
Attorney, or the individual or entity duly authorized. by the Town, as applicable, who is/are
partially or wholly responsible for enforcing the requirements of this Chapter.
(jjj) "Wholesale Food Vendor" means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received,
shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other
destination.
6-8.04. Requirements For Single -Family Generators.
Single -Family Organic Waste Generators shall:
(a) Subscribe to Town's Organic Waste collection services for all Organic Waste generated as
described below in subsection (b) below. Town shall have the right to review the number and
size of a generator's containers to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and containment of materials; and,
Single -Family generators shall adjust its service level for its collection services as requested
by the Town. Generators may additionally manage their Organic Waste by preventing or
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reducing their Organic Waste, managing Organic Waste on site, and/or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Participate in the Town's Organic Waste collection service(s) by placing designated
materials in designated containers as described below, and shall not place Prohibited
Container Contaminants in collection containers.
(l) Generator may place Source Separated Yard Trimmings in the Green Container.
Generator shall not place materials designated for the Gray Containers in the Green
Containers.
(2) Generator shall place Source Separated Recyclable Materials in the Blue Container;
and Mixed Compostables in the Gray Container. Generator shall not place materials
designated for the Blue Containers in the Gray Containers.
6-8.05. Requirements For Commercial Businesses.
Generators that are Commercial Businesses shall:
(a) Subscribe to Town's collection services and comply with requirements of those services as
described below in subsection (b). Town shall have the right to review the number and size
of a generator's containers and frequency of collection to evaluate adequacy of capacity
provided for each type of collection service for proper separation of materials and
containment of materials; and, Commercial Businesses shall adjust their service level for
their collection services as requested by the Town.
(b) Participate in the Town's Organic Waste collection service(s) by placing designated
materials in designated containers as described below, and shall not place Prohibited
Container Contaminants in collection containers.
(l) Generator may place Source Separated Yard Trimmings in the Green Container.
Generator shall not place materials designated for the Gray Containers in the Green
Containers.
(2) Generator shall place Source Separated Recyclable Materials in the Blue Container;
and Mixed Compostables in the Gray Container. Generator shall not place materials
designated for the Blue Containers in the Gray Containers.
(c) Supply and allow access to adequate number, size and location of collection containers with
sufficient labels or colors (conforming with Sections 6(d)(1) and 6(d)(2) below) for
employees, contractors, tenants, and customers, consistent with Town's Blue Container,
Green Container, and Gray Container collection service.
(d) Provide containers for the collection of Source Separated Yard Trimmings and Source
Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are
provided for customers, for materials generated by that business. Such containers do not need
to be provided in restrooms. If a Commercial Business does not generate any of the materials
Ordinance 600 Page 13
that would be collected in one type of container, then the business does not have to provide
that particular container in all areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have
either:
(1) A body or lid that conforms with the container colors provided through the collection
service provided by Town, with either lids conforming to the color requirements or
bodies conforming to the color requirements or both lids and bodies conforming to
color requirements. A Commercial Business is not required to replace functional
containers, including containers purchased prior to January 1, 2022, that do not
comply with the requirements of the subsection prior to the end of the useful life of
those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the
primary material accepted and the primary materials prohibited in that container, or
containers with imprinted text or graphic images that indicate the primary materials
accepted and primary materials prohibited in the container. Pursuant 14 CCR Section
1.8984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.
(e) To the extent practical through education, training, Inspection, and/or other measures,
prohibit employees from placing materials in a container not designated for those materials
per the Town's Blue Container, Green Container, and Gray Container collection service.
(f) Periodically inspect Blue Containers, Green Containers, and Gray Containers for
contamination and inform employees if containers are contaminated and of the requirements
to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(g) Annually provide information to employees, contractors, tenants, and customers about
Organic Waste Recovery requirements and about proper sorting of Source Separated Yard
Trimmings and Source Separated Recyclable Materials.
(h) Provide education information before or within fourteen (14) days of occupation of the
premises to new tenants that describes requirements to keep Source Separated Yard
Trimmings and Source Separated Recyclable Materials separate from Mixed Compostables
(when applicable) and the location of containers and the rules governing their use at each
property.
(i) Provide or arrange access for Town or its agent to their properties during all Inspections
conducted in accordance with Section 6-8.13 of this Chapter to confirm compliance with the
requirements of this Chapter.
(j) Nothing in this Section prohibits a generator from preventing or reducing waste generation,
managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR
Section 18984.9(c).
(k) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators
shall comply with Food Recovery requirements, pursuant to 6-8.07 and 6-8.08.
Ordinance 600 Page 14
6-8.06. Waivers For Generators.
(a) Physical Space Waivers. The Town may grant a physical space waiver to a Commercial
Business for complying with the recyclable materials and/or Organic Waste collection
service requirements of this Chapter, if the Town receives evidence from its own staff, its
Designee, the Commercial Business requesting a waiver, a licensed architect, or a licensed
engineer demonstrating that the premises lacks adequate space for the collection containers
required for compliance with the Organic Waste collection requirements of Section 6-8.05.
The number of requirements that may be waived pursuant to a waiver granted by the Town
shall be determined by the Town based on the particular operational circumstances of each
Commercial Business as demonstrated by the foregoing evidence or the submittals described
below.
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 lacks adequate space for Blue Containers
and/or Green Containers including documentation from its hauler, licensed architect,
or licensed engineer.
(3) Provide written verification to Town that it is still eligible for physical space waiver
every five years, if Town has approved application for a physical space waiver.
(b) Collection Frequency Waiver. The Town, at its discretion and in accordance with 1.4 CCR.
Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business
establishment or industry that subscribes to the Town's three -container Organic Waste
collection service to arrange for the collection of their Blue Container, Gray Container, or
both once every fourteen days, rather than once per week. Notwithstanding the grant of an
exception under this subsection, however, containers containing putrescible materials must
be collected once every seven days.
(c) Review and Approval of Waivers by Town. The City Manager or his or her designee shall
have the authority to review and approve waivers described in the foregoing sections.
6-8.07. Requirements For Commercial Edible Food Generators.
(a) Tier One Commercial Edible Food. Generators must comply with the requirements of this
Section 6-8.08 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.
Ordinance 600 Page 15
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations
or Food. Recovery Services for: (i) the collection of Edible Food for Food Recovery;
or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator
self -hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food
Recovery Organization or a Food Recovery Service.
(4) Allow Town's designated enforcement entity or designated third party enforcement
entity to access the premises and review records pursuant to 1.4 CCR Section 18991.4.
(5) Keep records that include the following information, as required in 14 CCR Section
1.8991.4:
(A) A list of each Food Recovery Service or organization that collects or receives
its Edible Food pursuant to a contract or written agreement established under
14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self -hauled to the Food
Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self -hauled.
(iv) The quantity of food, measured in pounds recovered per month,
collected or self -hauled to a Food Recovery Service or Food. Recovery
Organization for Food Recovery.
(d) Nothing in this Chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan
Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017
(approved by the Governor of the State of California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title
2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
Ordinance 600 Page 16
relating to food safety, as amended, supplemented, superseded and replaced from time to
time).
6-8.08. Requirements For Food Recovery Organizations And Services.
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food
Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization
that the Food Recovery Service transports Edible Food to for Food. Recovery.
(b) Food. Recovery Organizations collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial Edible Food
Generator per month.
(3) The name, address, and contact information for each Food. Recovery Service that the
organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary address
physically located in the Town and contract with or have written agreements with one or
more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall
report to the Town it is located in the total pounds of Edible Food recovered in the previous
calendar year from the Tier One and Tier Two Commercial Edible Food Generators they
have established a contract or written agreement with pursuant to 14 CCR Section
18991.3(b). This report shall be submitted quarterly, or at the discretion of the Town or its
Designee, less frequently, and shall cover the activity that occurred since the period of the
last submission.
(d) Food Recovery Capacity Planning
ordinance 600 Page 17
(1) Food Recovery Services and Food Recovery Organizations. In order to support
Edible Food Recovery capacity planning assessments or other studies conducted by
the County, Town, special district that provides solid waste collection services, or its
designated entity, Food Recovery Services and Food Recovery Organizations
operating in the Town shall provide information and consultation to the Town, upon
request, regarding existing, or proposed new or expanded, Food Recovery capacity
that could be accessed by the Town and its Commercial Edible Food Generators. A
Food Recovery Service or Food Recovery Organization contacted by the Town shall
respond to such request for information within 60 days, unless a shorter timeframe is
otherwise specified by the Town.
6-8.10. Requirements For Haulers And Facility Operators.
(a) Requirements for Haulers
(1) Exclusive Franchised Hauler providing residential, Commercial, or industrial
Organic Waste collection services to generators within the Town's boundaries shall
meet the following requirements and standards as a condition of approval of a
contract, agreement, or other authorization with the Town to collect Organic Waste:
(A) Through written notice to the Town annually as provided in the franchise
agreement with the Exclusive Franchised Hauler, which shall not be less than
annually, identify the facilities to which they will transport Organic Waste
including facilities for Source Separated Recyclable Materials, Source
Separated Yard Trimmings, and Mixed Compostables.
(B) Transport Source Separated Recyclable Materials, Source Separated Yard
Trimmings, and Mixed. Compostables to a facility, operation, activity, or
property that recovers Organic Waste as defined in 14 CCR, Division i,
Chapter 1.2, Article 2.
(C) If authorization is not otherwise provided in the Exclusive Franchise
Agreement, obtain approval from the Town to haul Organic Waste, unless it
is transporting Source Separated Yard Trimmings to a Community
Composting site or lawfully transporting C&D in a manner that complies with
1.4 CCR Section 18989.1, Section 6-8.1.2 of this Chapter, Chapter 1.10 under
Title 8 of this Code, and other applicable Town C&D requirements under this
Code.
(2) Exclusive Franchised Hauler authorized to collect Organic Waste in the Town shall.
comply with education, equipment, signage, container labeling, container color,
contamination monitoring, reporting, and other requirements contained within its
franchise agreement, permit, license, or other agreement entered into with Town.
(b) Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities that recover Organic Waste, including,
but not limited to, Compost facilities, in -vessel digestion facilities, and publicly -
ordinance 600 Page 18
owned treatment works shall, upon Town request, provide information regarding
available and potential new or expanded capacity at their facilities, operations, and
activities, including information about throughput and permitted capacity necessary
for planning purposes. Entities contacted by the Town shall respond within 60 days.
(2) Community Composting operators, upon Town request, shall provide information to
the Town to support Organic Waste capacity planning, including, but not limited to,
an estimate of the amount of Organic Waste anticipated to be handled at the
Community Composting operation. Entities contacted by the Town shall respond
within 60 days.
6-8.11. Self -Hauler Requirements.
(a) Self -Haulers shall source separate all recyclable materials and Organic Waste generated on-
site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and]. 8984.2, or
shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified
in 14 CCR Section 18984.3.
(b) Self. -Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers
those materials; and haul their Source Separated Green Container Organic Waste to a Solid
Waste facility, operation, activity, or property that processes or recovers Source Separated
Organic Waste. Alternatively, Self -Haulers may haul Organic Waste to a High Diversion
Organic Waste Processing Facility.
(c) Commercial Business Self -Haulers shall keep a record of the amount of Organic Waste
delivered to each Solid. Waste facility, operation, activity, or property that processes or
recovers Organic Waste; this record shall be subject to Inspection by the Town or its
Designee. If requested in writing, the Commercial Business Self -Hauler shall provide the
record to Town or its Designee. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site, or employs
scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine
the weight of materials received, the Self. -Hauler is not required to record the weight of
material but shall keep a record of the entities that received the Organic Waste.
6-8.12. Compliance With Calgreen Recycling Requirements.
(a) Any individual or entity submitting an application for a building permit from the Town shall
comply with the requirements of this Section and all required components of the California
Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended and
adopted by reference under Title 8 of this Code. If the requirements of CALGreen are more
stringent then the requirements of this Section, the CALGreen requirements shall apply.
Ordinance 600 Page 19
(b) Applicants with projects subject to CALGreen requirements must, as a condition of building
permit issuance, must:
(1) Comply with CALGreen requirements and applicable law related to management of
C&D, including diversion of Organic Waste in C&D from disposal.
(2) Comply with Town's C&D regulations under Title 8 of this Code, and all written and
published Town policies and/or administrative guidelines regarding the collection,
recycling, diversion, tracking, and/or reporting of C&D.
6-8.12. Procurement Requirements For Town Departments, Direct Service Providers, And
Vendors.
(a) The Town's departments, and direct service providers to the Town, as applicable, must
comply with the Town's Recovered Organic Waste Product procurement policy most
recently in effect and as may be amended from time to time, and Recycled -Content Paper
procurement policy most recently in effect and as may be amended from time to time. The
Town's City Manager shall have the authority to adopt and amend as necessary
administrative instructions to effectuate the procurement policies described herein.
(b) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled -Content Paper Products and
Recycled -Content Printing and Writing Paper that consists of at least 30 percent, by
fiber weight, postconsumer fiber instead of non -recycled products whenever recycled
Paper Products and Printing and Writing Paper are available at the same or lesser
total cost than non -recycled items.
(2) Provide Paper Products and Printing and Writing Paper that meet Federal Trade
Commission recyclability standard as defined in 16 Code of Federal Regulations
(CFR) Section 260.1.2.
(3) Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing Paper offered
or sold to the Town. This certification requirement may be waived if the percentage
of postconsumer material in the Paper Products, Printing and. Writing Paper, or both.
can be verified by a product label, catalog, invoice, or a manufacturer or vendor
internet website.
(4) Certify in writing, on invoices or receipts provided, that the Paper Products and
Printing and Writing Paper offered or sold to the Town is eligible to be labeled with
an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR)
Section 260.12 (2013).
(5) Provide records to the Town's Recovered Organic Waste Product procurement
recordkeeping Designee in accordance with the Town's Recycled- Content Paper
procurement policy(ies) of all Paper Products and Printing and Writing Paper
Ordinance 600 Page 20
purchases within thirty (30) days of the purchase (both recycled content and non -
recycled content, if any is purchased) made by any division or department or
employee of the Town. Records shall include a copy (electronic or paper) of the
invoice or other documentation of purchase, written certifications as required in
subsections (b)(3) and (b)(4) above for recycled -content purchases, (including
products that contain none), and if non -recycled content Paper Products or Printing
and Writing Papers are provided, include a description of why Recycled -Content
Paper Products or Printing and Writing Papers were not provided.
6-8.13. Inspections And Investigations By Town.
(a) The Town or its Designee are authorized to conduct Inspections and investigations, at
random or otherwise, of any collection container, collection vehicle loads during unloading,
or transfer, processing, or disposal facility for materials collected from generators, or Source
Separated materials to confirm compliance with this Chapter by Organic Waste Generators,
Commercial Businesses (including Multi -Family Residential Dwellings), property owners,
Tier One and Tier Two Commercial Edible Food Generators, haulers, Food Recovery
Services, and Food Recovery Organizations, subject to applicable laws. This Section shall
not be construed to allow the Town or its Designee to enter the interior of a private property
for Inspection.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception
of residential property interiors) and shall cooperate with the Town's employee or its
designated entity/Designee during such Inspections and investigations. Such Inspections and
investigations may include confirmation of proper placement of materials in containers,
Edible Food Recovery activities, records, or any other requirement of this Chapter described
herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to
records for any Inspection or investigation is a violation of this Chapter and may result in
penalties described.
(c) Any records obtained by a Town during its Inspections and other reviews shall be subject to
the requirements and applicable disclosure exemptions of the Public Records Act as set forth
in Government Code Section 6250 et seq.
(d) Town representatives, its designated entity, and/or Designee are authorized to conduct any
Inspections or other investigations as reasonably necessary to further the goals of this
Chapter, subject to applicable laws.
(e) The Town or its Designee shall receive written complaints from persons regarding an
entity that may be potentially non-compliant with SB 1383 Regulations, including receipt
of anonymous complaints. Complaints shall be received and processed as follows:
a. Complaints shall be submitted in writing and shall include the following
information:
If the complaint is not anonymous, the name and contact information of
the complainant.
Ordinance 600 Page 21
ii. The identity of the alleged violator, if known.
iii. A description of the alleged violation including location(s) and all other
relevant facts known to the complainant.
iv. Any relevant photographic or documentary evidence to support the
allegations in the complaint.
V. The identity of any witnesses, if known.
b. The Town or its Designee shall review the complaint for compliance with the
foregoing requirements of subsection (e)(1) and determine whether the
allegations, if proven true, would constitute a violation of this Chapter. If so, the
Town or its Designee shall commence an investigation within 90 days of
receiving the complaint. The Town or its Designee may decline to investigate a
complaint if, in its judgment, investigation is unwarranted because the
allegations are contrary to facts known to it.
C. If the identity and contact information of the complainant are known, the Town
or its Designee shall provide notice to the complainant upon conclusion of the
investigation the status or results of their complaint.
d. The Town shall maintain records of all complaints and responses pursuant to
this section as required by 14 CCR Section 1.8995.2, as may be amended. The
records shall include the complaint as received and the Town's determination of
compliance or notice of violations issued.
(f) The City Manager is authorized to adopt administrative regulations to further implement or
effectuate the requirements of this subsection.
6-8.14. Enforcement.
(a) Violation of any provision of this Chapter shall be subject to the administrative citation
process set forth under Title 1, Chapter 2 of this Code by a Town Enforcement Official or
Regional Agency (as defined in Public Resources Code Section 40181) or County Agency
Enforcement Official, except that any lien procedure that may be described under that chapter
or elsewhere under this Code shall not apply to violations under this Chapter. Non -Local
Entities and Local. Education Agencies are not subject to the Town's enforcement authority.
(b) Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. Town may pursue civil actions in the California courts to seek
recovery of unpaid administrative citations. Town may choose to delay court action until
such time as a sufficiently large number of violations, or cumulative size of violations exist
such that court action is a reasonable use of Town staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by the Town Enforcement
Official.
ordinance 600 Page 22
(2) Enforcement may also be undertaken by a Regional or County Agency Enforcement
Official, designated by the Town, in consultation with Town Enforcement Official.
(A) Town Enforcement Official(s) will interpret Chapter; determine the
applicability of waivers, if violation(s) have occurred; implement
Enforcement Actions; and, determine if compliance standards are met.
(B) Town Enforcement Official(s) may issue Notices of Violation(s).
(d) Process for Enforcement
(1) Town Enforcement Officials will monitor compliance with the Chapter randomly
and through Compliance Reviews, Route Reviews, investigation of complaints, and.
an Inspection program. Section 6-8.13 establishes Town's right to conduct
inspections and investigations.
(2) Town may issue an official notification to notify regulated entities of its obligations
under the Chapter.
(3) Issuance of a Notice of Violation.
(A) For incidences of Prohibited. Container Contaminants found in containers, Town
will issue a Notice of Violation to any generator found to have Prohibited Container
Contaminants in a container.
(B) Such notice will be provided via a cart tag or other communication immediately
upon identification of the Prohibited. Container Contaminants or within twenty-four
hours after determining that a violation has occurred.
(C) If the Town observes Prohibited Container Contaminants in a generator's
containers on more than two (2) consecutive occasion(s) or more than three (3) times
in any twelve (12) month period, the Town Enforcement Official may assess
contamination processing fees or contamination penalties on the generator.
(4) With the exception of violations of generator contamination of container contents
addressed under Section 6-8.14(d)(3), Town shall issue a Notice of Violation
requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the notice recipient within the deadline set forth in the Notice
of Violation as described above, Town shall commence an action to impose
penalties, via an administrative citation and fine, pursuant to Title 1, Chapter 2 or any
other remedy available to the Town.
Notices shall be sent to "owner" at the official address of the owner maintained by
the tax collector for the Town or if no such address is available, to the owner at the
address of the dwelling or Commercial property or to the party responsible for paying
for the collection services, depending upon available information
ordinance 600 Page 23
(e) Penalty Amounts for Types of Violations
The penalty levels are as follows:
(l) For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
(2) For a second violation, the amount of the base penalty shall be $100 to $200 per
violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to
$500 per violation.
(f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation
within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s).
(2) The violator's ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator tools measures to avoid or mitigate violations of this chapter.
(5) Evidence of any economic benefit resulting from the violation(s).
(6) The deterrent effect of the penalty on the violator.
(7) Whether the violation(s) were due to conditions outside the control of the violator.
(g) Compliance Deadline Extension Considerations
The Town may extend the compliance deadlines set forth in a Notice of Violation issued in
accordance with Section 6-8.14 if it finds that.there are extenuating circumstances based on
evidence presented in the record before it that are beyond the control of the respondent that
make compliance within the deadlines impracticable, including but not limited to the
following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery
capacity and the Town is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation
may request a hearing to appeal the citation. A hearing will be held only if it is requested
within the time prescribed and consistent with Town's procedures in the Town's codes for
appeals of administrative citations. Evidence may be presented at the hearing. The Town will
appoint a hearing officer who shall conduct the hearing and issue a final written order.
(i) Education Period for Non -Compliance
ordinance 600 Page 24
Beginning January 1, 2022 and through December 31, 2023, Town will conduct Inspections,
Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of
regulated entity, to determine compliance, and if Town determines that Organic Waste
Generator, Self -Hauler, hauler, Tier One Commercial Edible Food Generator, Food.
Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall
provide educational materials to the entity describing its obligations under this Chapter and
a notice that compliance is required by January 1, 2022, and that violations may be subject
to administrative civil penalties starting on January 1, 2024.
0) Civil Penalties for Non -Compliance
Beginning January 1, 2024, if the Town determines that an Organic Waste Generator, Self -
Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance with this Chapter,
it shall document the noncompliance or violation, issue a Notice of Violation, and take
Enforcement Action pursuant to Section 6-8.1.4, as needed.
5044023.3
ordinance 600 Page 25