HomeMy WebLinkAbout1221 - Regulate and Enforce Reduction of Organic Waste Disposal ORDINANCE NO. 1221
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 4.1 TO
DIVISION 5 OF THE UKIAH CITY CODE TO REGULATE AND ENFORCE REDUCTION OF
ORGANIC WASTE DISPOSAL
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
1. 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supplemented, superseded, and replaced from time to time), requires cities and counties to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..
2. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of
California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736,
41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and
Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and
repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented,
superseded and replaced from time to time), places requirements on businesses and Multi-
Family property owners that generate a specified threshold amount of Solid Waste to arrange
for recycling services and requires the City to implement a Mandatory Commercial Recycling
program., l
3. 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amended, supplemented, superseded, and replaced from time to time), requires businesses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
local agencies to implement a recycling program to divert Organic Waste from businesses
subject to the law, and requires local agencies to implement a Mandatory Commercial Organics
Recycling program..
4. 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 local agencies, 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..
5. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires local agencies to
adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of
SB 1383 Regulations. This Ordinance will also help reduce food insecurity by requiring
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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..
SECTION TWO.
Chapter 4.1 is hereby added to Division 5 of the Ukiah City Code and shall read as follows:
Chapter 4.1 ORGANIC WASTE DISPOSAL REDUCTION
Article 1 Definitions
§4450.0.Definitions
For the purposes of this Chapter and as used herein, certain abbreviations, terms, phrases, words and
their derivations shall be construed and shall have the meaning and be defined as hereinafter provided in
this Article.
(a) "Blue Container' has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used
for the purpose of storage and collection of Source Separated Recyclable Materials or Source
Separated Blue Container Organic Waste.
(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 local agencies (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) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock
company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility,
or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A
Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial
Business for purposes of implementing this Chapter.
(e) "Commercial Edible Food Generator' includes a Tier One or a Tier Two Commercial Edible Food
Generator as defined in Subsections 4450.0(111)and 4450.0(mmm)of this Chapter or as otherwise
defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food
Recovery Organizations and Food Recovery Services are not Commercial Edible Food
Generators pursuant to 14 CCR Section 18982(a)(7).
(f) "Compliance Review" means a review of records by the City to determine compliance with this
Chapter.
(g) "Community Composting" means any activity that composts green material, agricultural material,
food material, and vegetative food material, alone or in combination, and the total amount of
feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square
feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section
18982(a)(8).
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(h) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the
effective date of this Chapter, that "Compost" means the product resulting from the controlled
biological decomposition of organic Solid Wastes that are Source Separated from the municipal
Solid Waste stream, or which are separated at a centralized facility.
(i) "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM
D6400 standard for compostability,or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
{j) "Container Contamination" or"Contaminated Container" means a container, regardless of color,
that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
(k) "C&D" means construction and demolition debris.
(1) "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of
the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee
may be a government entity, a hauler, a private entity, or a combination of those entities.
(m) "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR
Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section
18982(a)(18), "Edible Food"is not Solid Waste if it is recovered and not discarded. Nothing in this
Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food
that does not meet the food safety requirements of the California Retail Food Code.
(n) "Enforcement Action" means an action of the City to address non-compliance with this Chapter
including, but not limited to, issuing administrative citations, fines, penalties, or using other
remedies.
(o) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated
waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic
substances or material that facility operator(s), which receive materials from the City and its
generators, reasonably believe(s)would, as a result of or upon acceptance,transfer, processing,
or disposal, be a violation of local, State, or Federal law, regulation, or Chapter, including: land
use restrictions or conditions,waste that cannot be disposed of in Class Ill landfills or accepted at
the facility by permit conditions,waste that in the City's,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 the City, or its Designee, to potential liability; but not including de minimis
volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-
Family Solid Waste after implementation of programs for the safe collection, processing, recycling,
treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of
the California Public Resources Code.
(p) "Food Distributor" means a company that distributes food to entities including, but not limited to,
Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(q) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
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{r) "Food Recovery" means actions to collect and distribute food for human consumption that
otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(s) "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible
Food from Commercial Edible Food Generators and distributes that Edible Food to the public for
Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section
18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety
code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health
and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of
this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section
18982(a)(7).
(t) "Food Recovery Service" means a person or entity that collects and transports Edible Food from
a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food
Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is
not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of
14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
(u) "Food Scraps"means all food such as, but not limited to,fruits,vegetables, meat, poultry,seafood,
shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats,
oils, and grease when such materials are Source Separated from other Food Scraps.
(v) "Food Service Provider" means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on contractual
arrangements with these types of organizations, or as otherwise defined in 14 CCR Section
18982(a)(27).
(w) "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid,
such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes,
and milk cartons.
(x) "Food Waste" means Food Scraps and Food-Soiled Paper..
(y) "Gray Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used
for the purpose of storage and collection of Gray Container Waste.
(s) "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a
three-container Organic Waste collection service that prohibits the placement of Organic Waste
in the Gray Container as specified in 14 CCR Sections 18984.1(a)and(b), or as otherwise defined
in 14 CCR Section 17402(a)(6.5).
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(aa) "Green Container'has the same meaning as in 14 CCR Section 18982.2(a)(29)and shall be used
for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(bb) "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods;
fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately
owned within the store where the food is prepared and served, including a bakery, deli, and meat
and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(cc) "Hauler Route" means the designated itinerary or sequence of stops for each segment of the
City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(dd) "Inspection" means a site visit where the City reviews records, containers, and an entity's
collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to
determine if the entity is complying with requirements set forth in this Chapter, or as otherwise
defined in 14 CCR Section 18982(a)(35).
(ee) "City Enforcement Official" means the city manager, county administrative official, chief operating
officer, executive director, or other executive in charge or their authorized Designee(s)who islare
partially or whole responsible for enforcing this Chapter. See also "Regional or County Agency
Enforcement Official".
(ff) "Large Event" means an event, including, but not limited to, a sporting event or a flea market,that
charges an admission price, or is operated by a local agency, and serves an average of more
than 2,000 individuals per day of operation of the event, at a location that includes, but is not
limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or
other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38)
differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this
Chapter.
(gg) "Large Venue" means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a
venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium,
airport, racetrack,horse track, performing arts center,fairground, museum,theater,or other public
attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter
12, a site under common ownership or control that includes more than one Large Venue that is
contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR
Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this Chapter.
(hh) "Local Education Agency" means a school district, charter school, or county office of education
that is not subject to the control of city or county regulations related to Solid Waste,or as otherwise
defined in 14 CCR Section 18982(a)(40).
(ii) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential
premises with five(5)or more dwelling units. Multi-Family premises do not include hotels, motels,
or other transient occupancy facilities, which are considered Commercial Businesses.
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"Nan-Compostable Paper" includes but is not limited to paper that is coated in a plastic material
that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section
18982(a)(41).
(kk) "Non-Local Entity" means the following entities that are not subject to the Jurisdiction's
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the Jurisdiction.
(2) County fairgrounds located within the boundaries of the City
(3) State agencies located within the boundaries of the Jurisdiction.
(II) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes
including but not limited to Mottles, cans, metals, plastics and glass, or as otherwise defined in 14
CCR Section 18982(a)(43).
(mm) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a
compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section
18982(a)(48) or further explained in 14 CCR Section 18995.4.
(nn) "Organic Waste" means Solid Wastes containing material originated from living organisms and
their metabolic waste products, including but not limited to food, green material, landscape and
pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing
Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section
18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(oo) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of
Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(pp) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping,
packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise
defined in 14 CCR Section 18982(a)(51)_
(qq) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton
fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book
paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index
cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14
CCR Section 18982(a)(54).
(rr) "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the
Blue Container that are not identified as acceptable Source Separated Recyclable Materials for
the Jurisdiction's Blue Container; (ii) discarded materials placed in the Green Container that are
not identified as acceptable Source Separated Green Container Organic Waste for the
Jurisdiction's Green Container; (iii) discarded materials placed in the Gray Container that are
acceptable Source Separated Recyclable Materials and/or Source Separated Green Container
Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and, (iv)
Excluded Waste placed in any container.
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(ss) "Recovered Organic Waste Products" means products made from California, landfill-diverted
recovered Organic Waste processed in a permitted or otherwise authorized facility, or as
otherwise defined in 14 CCR Section 18982(a)(60).
(tt) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as
otherwise defined in 14 CCR Section 18982(a)(49).
(uu) "Recycled-Content Paper"means Paper Products and Printing and Writing Paper that consists of
at least 30 percent,by fiberweight, postconsumer fiber,or as otherwise defined in 14 CCR Section
18982(a)(61).
(vv) "Regional Agency" means regional agency as defined in Public Resources Code Section 40181.
(ww) "Regional Agency or County Enforcement Official" means a regional or county agency
enforcement official, designated by the City with responsibility for enforcing this Chapter in
conjunction or consultation with the City Enforcement Official. The City may opt not to designate
a Regional Agency or County Enforcement Official.
(xx) "Renewable Gas"means gas derived from Organic Waste that has been diverted from a California
landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by
14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(yy) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for
on-premises or immediate consumption,or as otherwise defined in 14 CCR Section 18982(a)(64).
(zz) "Route Review" means a visual Inspection of containers along a Hauler Route for the purpose of
determining Container Contamination, and may include mechanical Inspection methods such as
the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(aaa) "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.
(bbb) "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.
(ccc) "Single-Family' means of, from, or pertaining to any residential premises with fewer than five (5)
units.
(ddd) "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,
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manure,vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid
wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8
(commencing with Section 114960)of Part 9 of Division 104 of the State Health and Safety
Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act(Part 14
(commencing with Section 117600) of Division 104 of the State Health and Safety Code).
Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has been treated and
deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public
Resources Code.
(eee) "Source Separated" means materials, including commingled recyclable materials,that have been
separated or kept separate from the Solid Waste stream,at the point of generation,for the purpose
of additional sorting or processing those materials for recycling or reuse in order to return them to
the economic mainstream in the form of raw material for new, reused, or reconstituted products,
which meet the quality standards necessary to be used in the marketplace, or as otherwise
defined in 14 CCR Section 17402.5(b)(4). For the purposes of this 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 Gray Container
Waste or other Solid Waste for the purposes of collection and processing.
(fff) "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes
that can be placed in a Blue Container that is limited to the collection of those Organic Wastes
and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by
Section 17402(a)(18.7).
(ggg) "Source Separated Green Container Organic Waste" means Source Separated Organic Waste
that can be placed in a Green Container that is specifically intended for the separate collection of
Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste,
carpets, Non-Compostable Paper, and textiles.
(hhh) "Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables
and Source Separated Blue Container Organic Waste.
"State" means the State of California.
Q) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million
dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood
items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(kkk) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that
is one of the following:
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(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator
differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this
Chapter.
(III) "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that
is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000
square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms.
(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal
to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator
differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this
Chapter.
(mmm)"Uncontainerized Green Waste and Yard Waste Collection Service"or"Uncontainerized Service"
means a collection service that collects green waste and yard waste that is placed in a pile or
bagged for collection on the street in front of a generators house or place of business for collection
and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined
in 14 CCR Section 189852(a)(75).
(nnn) "Wholesale Food Vendor" means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received, shipped,
stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as
otherwise defined in 14 CCR Section 189852(a)(76).
Article 2 Requirements for Compliance
§4450.1 Requirements for..Sing.le-Family Organic Waste Generators
Single-Family Organic Waste Generators shall comply with the following requirements:
(a) Shall subscribe to the City's Organic Waste collection services for all Organic Waste generated
as described below in Section 4(b). The City shall have the right to review the number and size of
a generators containers to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials; and, Single-Family
generators shall adjust its service level for its collection services as requested by the City.
Generators may additionally manage their Organic Waste by preventing or reducing their Organic
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Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to
14 CCR Section 18984.9(c).
(b) Shall participate in the City's Organic Waste collection service(s) by placing designated materials
in designated containers as described in Subsection c of this Section, and shall not place
Prohibited Container Contaminants in collection containers.
(c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste,
in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray
Container Waste in the Gray Container. Generators shall not place materials designated for the
Gray Container into the Green Container or Blue Container.
§4450.2 Requirements„for.C..o.....m......m......e.....r...c—ial Businesses
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to the City's collection services and comply with requirements of those services as
described below in Subsection (b).
(b) Participate in the City's Organic Waste collection service(s) by placing designated materials in
designated containers as described in Subsection (c) of this Section.
(c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste,
in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray
Container Waste in the Gray Container. Generator shall not place materials designated for the
Gray Container into the Green Container or Blue Container.
(d) Supply and allow access to adequate number, size and location of collection containers with
sufficient labels or colors (conforming with Subsections (e)(1) and 6(e)(2) below) for employees,
contractors, tenants, and customers, consistent with the City's Blue Container, Green Container,
and Gray Container collection service.
(e) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source
Separated Green Container Organic Waste and Source Separated Recyclable Materials in all
indoor and outdoor areas where disposal containers are provided for customers, for materials
generated by that business. Such containers do not need to be provided in restrooms. If a
Commercial Business does not generate any of the materials that would be collected in one type
of container,then the business does not have to provide that particular container in all areas where
disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the
containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection
service provided by the City,with either lids conforming to the color requirements or bodies
conforming to the color requirements or both lids and bodies conforming to color
requirements. A Commercial Business is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not comply with the
requirements of the subsection prior to the end of the useful life of those containers, or
prior to January 1, 2036, whichever comes first.
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(2) Container labels that include language or graphic images, or both, indicating the primary
material accepted and the primary materials prohibited in that container, or containers with
imprinted text or graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container
labeling requirements are required on new containers commencing January 1, 2022.
(f) Multi-Family Residential Dwellings are not required to comply with container placement
requirements or labeling requirement in Subsection (d) above pursuant to 14 CCR Section
18984.9(b).
(g) To the extent practical through education, training, Inspection, and/or other measures, excluding
Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not
designated for those materials per the City's Blue Container, Green Container, and Gray
Container collection service,
(h) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green
Containers, and Gray Containers for contamination and inform employees if containers are
contaminated and of the requirements to keep contaminants out of those containers pursuant to
14 CCR Section 18984.9(b)(3).
(i) Annually provide information to employees, contractors, tenants, and customers about Organic
Waste Recovery requirements and about proper sorting of Source Separated Green Container
Organic Waste and Source Separated Recyclable Materials.
Q) Provide education information before or within fourteen (14) days of occupation of the premises
to new tenants that describes requirements to keep Source Separated Green Container Organic
Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when
applicable)and the location of containers and the rules governing their use at each property.
(k) Provide or arrange access for the City or its agent to their properties during all Inspections
conducted in accordance with Section 4450.6 of this Chapter to confirm compliance with the
requirements of this Chapter.
(1) 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).
(m) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall
comply with Food Recovery requirements, pursuant to Section 4450.4.
§4460.3 Requirements for Commercial Edible Food Generators
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section
commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply
commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be
provided by others, shall require Food Facilities operating at the Large Venue or Lange Event to
comply with the requirements of this Section, commencing January 1, 2024.
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(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 the City's designated enforcement entity or designated third party enforcement
entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR
Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible
Food pursuant to a contract or written agreement established under 14 CCR Section
18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section
18991.3(b).
(C A record of the following information for each 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
Govemor of the State of California on September 25, 2017, which added Article 13[commencing
with Section 49580]to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to
amend Section 114079 of the Health and Safety Code, relating to food safety, as amended,
supplemented, superseded and replaced from time to time).
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U4450.4 Requirements for Food Recovery Organizations and Services
... .... ,,,,,,,,,,,,,,,_„ ,,,,,,,....v.,,,,,..,,,,,,,,,,,,,,
(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.
4450.5 Requirements for Haulers and Facility Operators
-- ............................................................ ..........I...... .....................„...............„......................._..._..
(a) Requirements for Haulers.The exclusive franchise providing residential,Commercial,or industrial
Organic Waste collection services to generators within the City's boundaries shall meet the
following requirements and standards as a condition of approval of a contract, agreement, or other
authorization with the City to collect Organic Waste:
(1) Through written notice to the City annually on or before January 1, 2023, identify the
facilities to which they will transport Organic Waste including facilities for Source
Separated Recyclable Materials and Source Separated Green Container Organic Waste.
(2) Transport Source Separated Recyclable Materials and Source Separated Green
Container Organic Waste to a facility, operation,activity,or property that recovers Organic
Waste as defined in 14 CCR, Division 7, Chapter 12,Article 2.
L (3) Obtain approval from the City to haul Organic Waste, unless it is transporting Source
Page 13 of 18
Separated Organic Waste to a Community Composting site or lawfully transporting
construction and demolition materials ("C&D") in a manner that complies with 14 CCR
Section 18989.1, and applicable provisions of this Chapter and of the Ukiah City Code.
(b) Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities that recover Organic Waste, including, but
not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned
treatment works shall, upon the City's request, provide information regarding available
and potential new or expanded capacity at their facilities, operations, and activities,
including information about throughput and permitted capacity necessary for planning
purposes. Entities contacted by the City shall respond within 60 days.
(2) Community Composting operators, upon the City's request, shall provide information to
the City to support Organic Waste capacity planning, including, but not limited to, an
estimate of the amount of Organic Waste anticipated to be handled at the Community
Composting operation. Entities contacted by the City shall respond within 60 days.
Article 3 Investigatory and Enforcement Authority of the City
4450.fi„Inspections and Investigations by the City
................................... ....__.................._.__.... ............ .
(a) City representatives and/or its designated entity, including Designees are authorized to conduct
Inspections and investigations, at random or otherwise, of any collection container, collection
vehicle loads, or transfer, processing, or disposal facility for materials collected from generators,
or Source Separated materials to confirm compliance with this Chapter by Organic Waste
Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property
owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services,
and Food Recovery Organizations, subject to applicable laws. This Section does not allow the
City to enter the interior of a private residential 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 City's employee or its designated
entity/Designee during such Inspections and investigations. Such Inspections and investigations
may include confirmation of proper placement of materials in containers, Edible Food Recovery
activities, records, or any other requirement of this 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 the City 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
Goverment Code Section 6250 et seq.
(d) City 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 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.
Page 14 of 18
94450.7 Enforcement
. .._............... .. .. ...................... ...............
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of
Violation and assessment of a fine by the City Enforcement Official or representative. Enforcement
Actions under this Chapter are issuance of an administrative citation and assessment of a fine.
The City's procedures on imposition of administrative fines are hereby incorporated in their
entirety, as modified from time to time, and shall govern the imposition, enforcement, collection,
and review of administrative citations issued to enforce this Chapter and any rule or regulation
adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor
or infraction. The City may pursue civil actions in the Califomia courts to seek recovery of unpaid
administrative citations. The City may choose to delay court action until such time as a sufficiently
large number of violations, or cumulative size of violations exist such that court action is a
reasonable use of City staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by the City Enforcement
Official, which may be the City Manager or their designee, legal counsel, or combination
thereof.
(2) Enforcement may also be undertaken by a Regional or County Agency Enforcement
Official, designated by the City, in consultation with City Enforcement Official.
(A) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if
designated, will interpret this Chapter; determine if violation(s) have occurred;
implement Enforcement Actions; and, determine if compliance standards are met.
(B) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if
designated, may issue Notices of Violation(s).
(d) Process for Enforcement
(1) City Enforcement Officials or Regional or County Enforcement Officials and/or their
Designee will monitor compliance with the Chapter randomly and through Compliance
Reviews, Route Reviews, investigation of complaints, and an Inspection program.
Section 4450.6 establishes City's right to conduct Inspections and investigations.
(2) The City may issue an official notification to notify regulated entities of its obligations under
the Chapter.
(3) The City shall issue a Notice of Violation requiring compliance within sixty (60) days of
issuance of the notice.
(4) Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, the City shall commence an action to impose penalties, via an administrative
citation and fine, pursuant to this Section. Notices shall be sent to "owner" at the official
Page 15 of 18
address of the owner maintained by the tax collector for the City or if no such address is
available, to the owner at the address of the dwelling or Commercial property or to the
party responsible for paying for the collection services, depending upon available
information
(e) Penalty Amounts for Types of Violations. The administrative penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be$50 to$100 per violation.
(2) For a second violation,the amount of the base penalty shall be$100 to$200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be$250 to$500
per violation.
(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 took measures to avoid or mitigate violations of this Chapter.
(5) Evidence of any economic benefit resulting from the violation(s). 0
(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 City may extend the compliance deadlines set forth in a Notice of Violation issued in
accordance with this Section if it finds that there are extenuating circumstances beyond the control
of the respondent that make compliance within the deadlines impracticable, including the
following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural
disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity
and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section
18996.2 due to those deficiencies.
(h) Appeals Process.
Page 16of18
Persons receiving an administrative citation containing a penalty for an uncorrected violation may
request a hearing to appeal the citation.
(1) The violator may file an appeal of the issuance of the Citation with the City Enforcement
Official. Such appeal shall be in writing and shall identify the property subject to the
citation. The City Enforcement Official shall then cause the matter to be set for hearing
before a Hearing Officer appointed by the City to hear such matters. The Hearing Officer
shall be qualified by training,education and/or experience to conduct the hearing and shall
be impartial. Except in his or her capacity as a Hearing Officer, he or she shall have no
personal or business relationship to the property owner or the City.
(2) Notice of the date of hearing shall be given in writing. The date of the hearing shall be no
sooner than fifteen (15) days from the date when notice of the hearing is given to the
appellant and to the City Enforcement Official.
(3) At the time fixed in the notice, the Hearing Officer shall receive evidence, including the
testimony of all competent persons desiring to testify respecting the condition leading to
issuance of the citation.
(4) Upon conclusion of the hearing, the Hearing Officer(s) shall determine whether to sustain
or overrule the issuance of the citation and shall issue a written order.
(5) The decision of the Hearing Officer on the determination of nuisance is final. Any appeal
of the Hearing Officer's decision shall be governed by California Code of Civil Procedure
section 1094.6 as such section may be amended from time to time.
(i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections,
Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending
upon the type of regulated entity, to determine compliance, and if City determines that Organic
Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food
Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall
provide educational materials to the entity describing its obligations under this 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.
(j} Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler,
hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization,
Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document
the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant
to this Section, as needed.
SECTION THREE.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once
in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of
Page 17 of 18
the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its
adoption and again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
Introduced by title only on March 2, 2022, by the following roll call vote:
AYES: Councilmembers Orozco, Crane, Rodin, Duenas, and Mayor Brown
NOES: None
ABSENT. None
ABSTAIN: None
Adopted on March 16, 2022, by the following roll call vote:
AYES: Councilmembers Orozco, Rodin, Duenas, and Mayor Brown
NOES: None
ABSENT: Councilmember Crane
ABSTAIN_ None
Ji . Brown, Mayor
ATTEST:
a If
KAstine Lawler, CMCICity Clerk
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