Agenda Item 6 - CONSIDERATION OF AN URGENCY ORDINANCE TO IMPLEMENT THE REQUIREMENTS OF CALIFORNIA'S SHORT-LIVED CLIMATE POLLUTANT REDUCTION LAW (SB 1383)AGENDA ITEM NO. 6
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: March 15, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE TO IMPLEMENT THE
REQUIREMENTS OF CALIFORNIA'S SHORT-LIVED CLIMATE POLLUTANT
REDUCTION LAW (SB 1383)
RECOMMENDATION:
It is recommended that the City Council, introduce, by title only, further reading waived, and adopt, by
four -fifths (4/5) vote, the following urgency ordinance:
URGENCY ORDINANCE NO. 2494- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ADDING A NEW ARTICLE IV (MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION) TO CHAPTER 12 (GARBAGE AND RUBBISH
COLLECTION), ADDING A NEW ARTICLE XXI (MODEL WATER EFFICIENT LANDSCAPING
ORDINANCE) TO CHAPTER 7 (BUILDINGS AND BUILDING REGULATIONS) AND ADDING A
NEW SECTION 2-336 (SB 1383 PROCUREMENT REQUIREMENTS) TO DIVISION 2
(PURCHASING SYSTEM) OF ARTICLE VII (PURCHASES AND SALES) OF CHAPTER 2
(ADMINISTRATION) OF THE WEST COVINA MUNICIPAL CODE TO IMPLEMENT THE
REQUIREMENTS OF SENATE BILL 1383
BACKGROUND:
California's Short -Lived Climate Pollutant Reduction law, often called SB 1383, establishes methane
reduction targets for California. California SB 1383 is a bill that sets goals to reduce disposal of organic
waste in landfills, including edible food. The bill's purpose is to reduce greenhouse gas emissions, such
as methane, and address food insecurity in California. Aspects of this law ensure that food scraps are
composted, and compost is purchased by cities. Composting, industrial uses, and animal feed are good
environmental uses for inedible food or other organic material. Landfilling organic waste is a significant
source of local air quality pollutants, which can cause respiratory issues and hospitalizations for
community members. Beyond this, we are seeing the effects of climate change in California with more
severe and lengthy droughts, warmer temperatures that contribute to the increasing number of wildfires
(also impacting air quality), bigger storms, and coastal erosion due to rising sea levels.
To address the environmental and health concerns of surplus edible food, SB 1383 requires 20% of
edible food that would otherwise be disposed of in the garbage or compost be recovered for human
consumption by 2025. This means surplus edible food will help feed Californians in need instead of
decomposing in a landfill while emitting harmful greenhouse gases. The EPA recognizes feeding hungry
people as one of the most preferred avenues to prevent food waste and benefit the environment, society,
and economy.
DISCUSSION:
SB 1383 requires all local jurisdictions to adopt an ordinance by January 1, 2022 to implement the
requirements of SB 1383. The ordinance must include an enforcement mechanism for non-compliance;
however, the City is not required to take enforcement action (i.e., assessment of civil penalties) until
2024. Senate Bill 619 (Laird, Chapter 508, Statutes of 2021) authorized CalRecycle to waive civil
penalties for jurisdictions unable to fully implement the SB 1383 regulations due to the COVID-19
pandemic, if such jurisdictions submitted a Notification of Intent to Comply by March 1, 2022. Based on
discussions with the City's franchised hauler, Athens, the City believes it can implement SB 1383 by July
1, 2022. Therefore, the City did not submit a Notification of Intent to Comply by the March 1st deadline.
The ordinance is proposed as an urgency ordinance due to the need to implement SB 1383 as soon as
possible. The City has also applied for a grant from CalRecycle to assist with implementing SB 1383's
requirements. The grant includes a requirement that the City adopt its ordinance by April 1, 2022.
Pursuant to Government Code section 36937, the City can adopt an ordinance to take effect immediately
if the ordinance is necessary for the immediate preservation of the public peace, health or safety,
contains a declaration of facts constituting such urgency, and is passed by a four -fifths (4/5) vote of the
City Council.
Staff is recommending that the City Council introduce and adopt the proposed urgency ordinance by 4/5
vote.
LEGAL REVIEW:
The City Attorney's Office has reviewed the ordinance and approved it as form.
Attachments
Attachment No. 1 - Urgency Ordinance No. 2494
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness
Maintain Good Intergovernmental Relations
ATTACHMENT NO.1
URGENCY ORDINANCE NO.2494
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ADDING A
NEW ARTICLE IV (MANDATORY ORGANIC WASTE
DISPOSAL REDUCTION) TO CHAPTER 12 (GARBAGE
AND RUBBISH COLLECTION), ADDING A NEW ARTICLE
XXI (MODEL WATER EFFICIENT LANDSCAPING
ORDINANCE) TO CHAPTER 7 (BUILDINGS AND
BUILDING REGULATIONS) AND ADDING A NEW
SECTION 2-336 (SB 1383 PROCUREMENT
REQUIREMENTS) TO DIVISION 2 (PURCHASING
SYSTEM) OF ARTICLE VII (PURCHASES AND SALES) OF
CHAPTER 2 (ADMINISTRATION) OF THE WEST COVINA
MUNICIPAL CODE TO IMPLEMENT THE
REQUIREMENTS OF SENATE BILL 1383
WHEREAS, the City of West Covina, pursuant to its police power, may enact regulations
for the public peace, morals, and welfare of the City; and
WHEREAS, the City of West Covina desires to amend the provisions of the West Covina
Municipal Code to impose regulations related to health, safety and welfare; and
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as
amended, supplemented, superseded, and replaced from time to time), requires cities and counties
to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to
the maximum extent feasible before any incineration or landfill disposal of waste, to conserve
water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor
of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734,
41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and
41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and
added and repealed Section 41780.02 of, the California 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; and
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the
Governor of the State of California on September 28, 2014, which added Chapter 12.9
(commencing with Section 42649.8) to Part 3 of Division 30 of the California 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 the City to implement a recycling program to divert organic waste from
businesses subject to the law, and requires the City to implement a mandatory commercial organics
recycling program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The
regulations place requirements on multiple entities including the City, residential households,
commercial businesses and business owners, commercial edible food generators, haulers, food
recovery organizations, and food recovery services to support achievement of statewide organic
waste disposal reduction targets; and
WHEREAS, SB 1383 requires the City to adopt and enforce an ordinance or enforceable
mechanism to implement relevant provisions of SB 1383 regulations. This Ordinance will also
help reduce food insecurity by requiring commercial edible food generators to arrange to have the
maximum amount of their edible food, that would otherwise be disposed, be recovered for human
consumption; and
WHEREAS, Government Code section 36937 allows a city to adopt an ordinance to take
effect immediately if the ordinance is necessary for the immediate preservation of the public peace,
health or safety, contains a declaration of facts constituting the urgency, and is passed by a four -
fifths (4/5) vote of the City Council; and
WHEREAS, SB 1383 regulations took effect on January 1, 2022. Adoption of this
Ordinance is necessary for the immediate preservation of the public peace, health and safety and
to comply with State law; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act
("CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines
(Sections 15000 et seq.) the City has determined that this Ordinance is not a "project" and further,
that it is exempt from the provisions of CEQA pursuant to CEAQ Guidelines Section 15061(b)(3)
(because it can be seen with certainty that the adoption of this Ordinance will not have an effect
on the environment) such that no environmental review under CEQA is required. In addition, the
Ordinance is exempt pursuant to CEQA Guidelines Section 15308 (Class 8, Actions by Regulatory
Agencies for the Protection of the Environment) because the adoption of this Ordinance is required
to comply with State law in order to protect the environment; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that all of the recitals set forth herein are
true and correct.
SECTION 2. Urgency Findings. The City Council hereby finds and determines that this
Ordinance is an urgency measure necessary for the immediate preservation and protection of the
public health, safety and welfare, which shall take effect immediately upon adoption. The City
Council finds that the following circumstances constitute such urgency: (1) jurisdictions were
required to implement SB 1383 regulations commencing on January 1, 2022; (2) Senate Bill 619
(Laird, Chapter 508, Statutes of 2021) authorized CalRecycle to waive civil penalties for
jurisdictions unable to fully implement the SB 1383 regulations due to the COVID-19 pandemic,
if such jurisdictions submitted a Notification of Intent to Comply by March 1, 2022; (3) the City
did not submit said Notification of Intent to Comply; and (4) in order to comply with State law
and avoid civil penalties, this Ordinance must take effect immediately.
SECTION 3. Amendment to Chanter 12. Chapter 12 (Garbage and Rubbish Collection)
of the West Covina Municipal Code is hereby amended to add a new Article IV (Mandatory
Organic Waste Disposal Reduction) as follows:
ARTICLE IV. — MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Sec. 1240. — Definitions.
The following terms as used in this article shall, unless the context already indicates otherwise,
have the respective meanings herein set forth herein. Terms not defined herein related to solid
waste, recycling and/or recovery shall have the meaning ascribed to them in Chapter 2 of Part 1 of
Division 30 of the California Public Resources Code and Division 7 of Title 14 of the California
Code of Regulations, as amended. Terms not otherwise defined herein or in the aforementioned
state codes and regulations shall have the meanings set forth elsewhere in this Code.
(a) "Black 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 Black Container Waste.
(b) "Black Container Waste" means Solid Waste that is collected in a Black Container as
specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR
Section 17402(a)(6.5).
(c) "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.
(d) "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.
(e) "California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references in this article are preceded with a number that refers to the
relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
(f) "City Enforcement Official" means the city manager or his/her authorized Designee(s) who
is/are partially or whole responsible for enforcing this article.
(g) "Commercial Business" or "Commercial" means a fine, 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 article.
(h) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined in this article or as otherwise defined in 14 CCR Sections
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).
(i) "Compliance Review" means a review of records by the city to determine compliance with
this article.
(j) "Community Composting" means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total
amount of feedstock and Compost on -site at any one time does not exceed 100 cubic yards
and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined
by 14 CCR Section 18982(a)(8).
(k) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of
the effective date of this article, 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.
(1) "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).
(in) "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).
(n) "C&D" means construction and demolition debris.
(o) "Designated Source Separated Organic Waste Facility," as defined in 14 CCR Section
18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste
collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of
the following:
(1) The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62),
that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d),
and meets or exceeds an annual average Source Separated organic content Recovery
rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on
and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for
Organic Waste received from the Source Separated Organic Waste collection stream.
A. If a transfer/processor has an annual average Source Separated organic content
Recovery rate lower than the rate required in Paragraph 1 of this definition for two
(2) consecutive reporting periods, or three (3) reporting periods within three (3)
years, the facility shall not qualify as a "Designated Source Separated Organic
Waste Facility".
(2) The facility is a "composting operation" or "composting facility" as defined in 14 CCR
Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section
18815.7 demonstrates that the percent of the material removed for landfill disposal that
is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2)
or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the
digestate handling requirements specified in 14 CCR Section 17896.5.
(p) "Designee" means an entity that the city contracts with or otherwise arranges to carry out
any of the city's responsibilities of this article 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.
(q) "Edible Food" means food intended for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For the purposes of this article 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 article 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.
(r) "Enforcement Action" means an action of the city to address non-compliance with this
article including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies.
(s) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive
waste, and toxic substances or material that facility operator(s), which receive materials
from the city and its generators, reasonably believe(s) would, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law,
regulation, or ordinance, including: land use restrictions or conditions, waste that cannot
be disposed of in Class III landfills or accepted at the facility by permit conditions, waste
that in city'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 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.
(t) "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).
(u) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
(v) "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).
(w) "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 article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to
14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs
from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this
article.
(x) "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 article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
(y) "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.
(z) "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).
(aa) "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.
(bb) "Food Waste" means Food Scraps, Food -Soiled Paper, and 100% fiber -based
compostable dinnerware.
(cc) "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.
(dd) "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).
(ee) "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).
(ff) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average Mixed Waste organic content Recovery rate of 50 percent between January
1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated
pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste
organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise
defined in 14 CCR Section 18982(a)(33).
(gg) "Inspection" means a site visit where a 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
article, or as otherwise defined in 14 CCR Section 18982(a)(35).
(hh) "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 article.
(ii) "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 article 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 article 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 article.
Oj) "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).
(kk) "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.
(11) "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR,
Division 2, Chapter 2.7.
(mm) "Non-Compostable Paper" includes but is not limited to paper that is coated in a
plastic material that will not breakdown in the composting process, or as otherwise defined
in 14 CCR Section 18982(a)(41).
(nn) "Non -Local Entity" means entities that are not subject to the city's enforcement
authority, or as otherwise defined in 14 CCR Section 18982(a)(42), including, but not
limited to, special districts located within the boundaries of the city.
(oo) "Non -Organic Recyclables" means non-putrescible and non -hazardous recyclable
wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise
defined in 14 CCR Section 18982(a)(43).
(pp) "Notice of Violation (NOV)" means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as otherwise defined in
14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(qq) "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).
(rr) "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).
(ss)"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).
(tt) "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).
(uu) "Prohibited Container Contaminants" means the following: (i) for Three -Container
Collection Service, discarded materials placed in the Blue Container that are not identified
as acceptable Source Separated Recyclable Materials for the city's Blue Container; (ii)
discarded materials placed in the Green Container that are not identified as acceptable
Source Separated Green Container Organic Waste for the city's Green Container; (iii) for
Two -Container Collection Service, discarded materials placed in the Black Container that
are Source Separated Green Container Organic Wastes to be placed in city's Green
Container; and; (iv) for Three -Container Collection Service, discarded materials placed in
the Black Container that are acceptable Source Separated Recyclable Materials and/or
Source Separated Green Container Organic Wastes to be placed in city's Green Container
and/or Blue Container; and, (v) Excluded Waste placed in any container.
(vv) "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).
(ww) "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).
(xx) "Recycled -Content Paper" means Paper Products and Printing and Writing Paper
that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise
defined in 14 CCR Section 18982(a)(61).
(yy) "Regional Agency" means regional agency as defined in California Public
Resources Code Section 40181.
(zz) "Remote Monitoring" means the implementation and use by City only of the
intemet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue
Containers, Green Containers, and Black Containers for purposes of identifying the
quantity of materials in containers (level of fill) and/or presence of Prohibited Container
Contaminants.
(aaa) "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).
(bbb) "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).
(ccc) "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).
(ddd) "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 California 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 rime.
(eee) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the
purposes of this article, 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.
(fff) "Single -Family" means of, from, or pertaining to any residential premises with
fewer than five (5) units.
(ggg) "Solid Waste" has the same meaning as defined in California 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 California 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 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 Health and Safety Code).
Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined
in California 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
California Public Resources Code.
(hhh) "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 article, 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 for the purposes of collection and processing.
(iii)"Source Separated Blue Container Organic Waste" means Source Separated Organic
Waste that can be placed in a Blue Container that (i) 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), and (ii) excludes any other Organic Waste
that an Organics Waste Facility may reject to maintain any organics -related composting
certifications including but not limited to organic carpets and textiles, contaminated wood
or lumber, manure, digestate, biosolids, and sludges. This definition shall only apply to
Three -Container Collection Service.
Ojj)"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, Non-Compostable Paper, Paper Products, Printing and Writing Paper, and
any other Organic Waste that an Organics Waste Facility may reject to maintain any
organics -related composting certifications including but not limited to organic carpets and
textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.
(kkk) "Source Separated Recyclable Materials" means Source Separated Non -Organic
Recyclables and Source Separated Blue Container Organic Waste.
(111)"State" means the State of California.
(mmm) "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).
(nnn) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall
apply to this article.
(000) "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 article.
(ppp) "Two -Container Collection Service" means a collection service that utilizes Black
Containers and Green Containers only.
(qqq) "Three -Container Collection Service" means a collection service that utilizes Black
Containers, Blue Containers, and Green Containers only.
(rrr) "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 generator's
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).
(sss) "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).
Sec. 12-41. - Requirements for single-family generators.
Single -Family Organic Waste generators shall:
(a) Subscribe to city's Organic Waste collection services. City or its Designee shall have the
right to review the number, type, 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. A Single -Family generator shall adjust its service level for
its collection services as requested by the city or its Designee.
(b) Participate in the city's Organic Waste collection service(s) by placing designated materials
in designated containers as described below, and shall not place Prohibited Container
Contaminants in collection containers.
(1) If the city requires Two -Container Collection Service, for generators receiving Two -
Container Collection Service, generator shall place Source Separated Green Container
Organic Waste, including Food Waste, in the Green Container, and all other Solid
Waste in the Black Container. Generator shall not place materials designated for the
Black Container into the Green Container.
(2) If the city requires Three -Container Collection Service, for generators receiving Three -
Container Collection Service, 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 Black Container Waste in the Black
Container. Generator shall not place materials designated for the Black Container into
the Green Container or Blue Container.
Sec. 12-42. - Requirements for commercial businesses.
Generators that are Commercial Businesses, including Multi -Family Residential Dwellings, shall:
(a) Subscribe to city's Organic Waste collection services. City or its Designee shall have the
right to review the number, type, 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. A Commercial Business shall
adjust its service level for their collection services as requested by the city or its Designee.
(b) Participate in the city's Organic Waste collection service(s) by placing designated materials
in designated containers as described below, and comply with the city's collection system
disposal procedures.
(1) If the city requires Two -Container Collection Service, for generators receiving Two -
Container Collection Service, generator shall place Source Separated Green Container
Organic Waste, including Food Waste, in the Green Container, and all other Solid
Waste in the Black Container. Generator shall not place materials designated for the
Black Container into the Green Container.
(2) If the city requires Three -Container Collection service, for generators receiving Three -
Container Collection Service, 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 Black Container Waste in the Black
Container. Generator shall not place materials designated for the Black Container into
the Green Container or Blue Container.
(c) Supply and allow access to adequate number, size, type, and location of collection
containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2)
below) for employees, contractors, tenants, and customers, consistent with city's Blue
Container, Green Container, and Black Container collection.
(d) Excluding Multi -Family Residential Dwellings, provide containers for the collection of
Source Separated Green Container Organic Waste and Source Separated Recyclable
Materials in all indoor and outdoor areas where disposal containers are provided for
customers, for materials generated by that business. Such containers do not need to be
provided in restrooms. If a Commercial Business does not generate any of the materials
that would be collected in one type of container, then the business does not have to provide
that particular container in all areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have
either:
(1) A body or lid that conforms with the container colors provided through the collection
service provided by city, with either lids conforming to the color requirements or bodies
conforming to the color requirements or both lids and bodies conforming to color
requirements. A Commercial Business is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not comply with the
requirements of the subsection prior to the end of the useful life of those containers, or
prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the
primary material accepted and the primary materials prohibited in that container, or
containers with imprinted text or graphic images that indicate the primary materials
accepted and primary materials prohibited in the container. Pursuant 14 CCR Section
18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.
(e) Multi -Family Residential Dwellings are not required to comply with container placement
requirements or labeling requirements in Section (d) pursuant to 14 CCR Section
18984.9(b).
(f) To the extent practical through education, training, Inspection, and/or other measures,
excluding Multi -Family Residential Dwellings, prohibit employees from placing materials
in a container not designated for those materials per the city's Two -Container and Three -
Container Collection Service.
(g) Excluding Multi -Family Residential Dwellings, quarterly inspect Blue Containers, Green
Containers, and Black Containers, as applicable, for Prohibited Container Contaminants
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).
(h) Annually provide information to employees, contractors, tenants, and customers about
Organic Waste Recovery requirements and about proper sorting of Source Separated Green
Container Organic Waste and Source Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days of occupation of the
premises to new tenants that describes requirements to keep Source Separated Green
Container Organic Waste and Source Separated Recyclable Materials separate from Black
Container Waste (when applicable) and the location of containers and the rules governing
their use at each property.
(j) Provide or arrange access for city or its agent to their properties during all Inspections
conducted in accordance with this article to confirm compliance with the requirements of
this article.
(k) Accommodate and cooperate with city's Remote Monitoring program for Inspection of the
contents of containers for Prohibited Container Contaminants, which may be implemented
by city at a later date, to evaluate generator's compliance with this article. The Remote
Monitoring program shall involve installation of Remote Monitoring equipment on or in
the Blue Containers, Green Containers, and Black Containers.
(1) At Commercial Business's option and subject to any approval required from the city,
implement a Remote Monitoring program for Inspection of the contents of its Blue
Containers, Green Containers, and Black Containers for the purpose of monitoring the
contents of containers to determine appropriate levels of service and to identify Prohibited
Container Contaminants. Generators may install Remote Monitoring devices on or in the
Blue Containers, Green Containers, and Black Containers subject to written notification to
or approval by the city.
(m)Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators
shall comply with Food Recovery requirements, pursuant to section 12-44 of this article.
Sec. 1243. — Waivers for generators.
(a) De Minimis Waivers.
(1) The city may, at its discretion, waive a Commercial Business's obligation
(including Multi -Family Residential Dwellings) to comply with some or all of the
Organic Waste requirements of this article if the Commercial Business:
A. Submits an application, on a form approved by the city, specifying the services
from which the Commercial Business is requesting a waiver; and
B. Provides documentation that either:
a. The Commercial Business's total Solid Waste collection service is two
cubic yards or more per week and Organic Waste subject to collection in a
Blue Container or Green Container comprises less than 20 gallons per week
per applicable container of the business's total waste; or
b. The Commercial Business's total Solid Waste collection service is less than
two cubic yards per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 10 gallons per week per
applicable container of the business' total waste.
(2) If the city has approved a de minimis waiver pursuant to this section, the
Commercial Business shall:
A. Notify the city if circumstances change such that Commercial Business's
Organic Waste exceeds threshold required for waiver, in which case waiver will
be rescinded; and
B. Provide written verification of eligibility for the de minimis waiver every five
years.
(b) Physical Space Waivers.
(1) The city may, at its discretion, waive a Commercial Business's or property owner's
obligations (including Multi -Family Residential Dwellings) to comply with some
or all of the recyclable materials and/or Organic Waste collection service
requirements if the city has evidence from its own staff, a hauler, licensed architect,
or licensed engineer demonstrating that the premises lacks adequate space for the
collection containers required for compliance with the Organic Waste collection
requirements of this article.
(2) A Commercial Business or property owner may request a physical space waiver
through the following process:
A. Submit an application, on a form approved by the city, specifying the type(s) of
collection services for which they are requesting a compliance waiver.
B. 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) If the city approves the application for a physical space waiver, the Commercial
Business or property owner shall provide written verification to the city that it is
still eligible for physical space waiver every five years.
Sec. 12-44. - Requirements for commercial edible food generators.
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this
section upon the effective date of this article, and Tier Two Commercial Edible Food
Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section
18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food
to be provided by others, shall require Food Facilities operating at the Large Venue or
Large Event to comply with the requirements of this section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or
Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or
(ii) acceptance of the Edible Food that the Commercial Edible Food Generator self -
hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food
Recovery Organization or a Food Recovery Service.
(4) Allow city's designated enforcement entity or designated third parry 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:
a. The name, address and contact information of the Food Recovery Service or
Food Recovery Organization.
b. The types of food that will be collected by or self -hauled to the Food Recovery
Service or Food Recovery Organization.
c. The established frequency that food will be collected or self -hauled.
d. The quantity of food, measured in pounds recovered per month, collected or
self -hauled to a Food Recovery Service or Food Recovery Organization for
Food Recovery.
(6) No later than July 1 st of each year commencing July 1, 2022 for Tier One Commercial
Edible Food Generators and July 1, 2024 for Tier Two Commercial Edible Food
Generators, Commercial Edible Food Generators shall provide an annual Food
Recovery report to the city that includes the records required pursuant to subsection
(c)(5), above.
(d) Nothing in this article shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan
Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017
(approved by the Governor of the State of California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title
2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
relating to food safety, as amended, supplemented, superseded and replaced from time to
time).
Sec. 12-45. - 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 shall inform generators about
California and Federal Good Samaritan Food Donation Act protection in written
communications, such as in their contract or agreement established under 14 CCR Section
18991.3(b).
(d) No later than July 1st of each year, commencing July 1, 2022, Food Recovery
Organizations and Food Recovery Services that have their primary address physically
located in the city and contract with or have written agreements with one or more
Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report
to the city 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).
(e) In order to support Edible Food Recovery capacity planning assessments or other studies
conducted by the county, or its designated entity, Food Recovery Services and Food
Recovery Organizations operating in the city shall provide information and consultation to
the city, upon request, regarding existing, or proposed new or expanded, Food Recovery
capacity that could be accessed by the city and its Commercial Edible Food Generators. A
Food Recovery Service or Food Recovery Organization contacted by the city shall respond
to such request for information within 60 days, unless a shorter timeframe is otherwise
specified by the city.
Sec. 12-46. - Requirements for haulers and facility operators.
(a) Requirements for Haulers. Exclusive franchised hauler(s) providing residential,
Commercial, or industrial Organic Waste collection services to generators within the city's
boundaries shall meet the following requirements as a condition of approval of a contract,
agreement, or similar contractual authorization with the city to collect Organic Waste:
(1) Through written notice to the city annually on or before July 1st of each year, 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) For Two -Container Collection Service, transport 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. For Three -Container
Collection Service, 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.
Notwithstanding the foregoing, the hauler shall not be required to transport any
containers with Prohibited Container Contaminants to a facility, operation, activity, or
property that recovers Organic Waste.
(3) Obtain approval from the city to haul Organic Waste, unless it is transporting Source
Separated Organic Waste to a Community Composting site or lawfully transporting
C&D in a manner that complies with 14 CCR Section 18989.1 and this 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 city request, provide information regarding available and
potential new or expanded capacity at their facilities, operations, and activities,
including information about throughput and permitted capacity necessary for planning
purposes. Entities contacted by the city shall respond within 60 days.
(2) Community Composting operators, upon city request, shall provide information to the
city to support Organic Waste capacity planning, including, but not limited to, an
estimate of the amount of Organic Waste anticipated to be handled at the Community
Composting operation. Entities contacted by the city shall respond within 60 days.
Sec. 12-47. - Inspections and investigations.
(a) City representatives and/or city's 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 article by
Organic Waste Generators, Commercial Businesses (including Multi -Family Residential
Dwellings), property owners, Commercial Edible Food Generators, 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. For the purposes of inspecting Commercial Business containers for compliance
with 12-42 of this article, City may conduct container Inspections for Prohibited Container
Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate
and cooperate with the Remote Monitoring pursuant to section 12-42(k) of this article.
(b) Organic Waste Generators, Commercial Businesses (including Multi -Family Residential
Dwellings), property owners, Commercial Edible Food Generators, Self -Haulers, Food
Recovery Services, and Food Recovery Organizations 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 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 article described herein. Failure to provide or arrange for: (i) access to
an entity's premises; (ii) installation and operation of Remote Monitoring equipment; or
(ii) access to records for any Inspection or investigation is a violation of this article and
may result in penalties described.
(c) Any records obtained by the city during its Inspections, Remote Monitoring, and other
reviews shall be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives and/or Designees are authorized to conduct any Inspections, Remote
Monitoring, or other investigations of Organic Waste Generators, Commercial Businesses
(including Multi -Family Residential Dwellings), property owners, Commercial Edible
Food Generators, Self -Haulers, Food Recovery Services, and Food Recovery
Organizations as reasonably necessary to further the goals of this article, subject to
applicable laws.
(e) City shall receive written complaints from persons regarding an entity that may be
potentially non -compliant with SB 1383 Regulations, including receipt of anonymous
complaints.
Sec. 1248. — Violations; enforcement.
(a) Violation of any provision of this article shall constitute grounds for issuance of a Notice
of Violation and assessment of a fine by a City Enforcement Official or representative.
Enforcement Actions under this article are issuance of an administrative citation and
assessment of a fine. The city's procedures on imposition of administrative fines set forth
in article X of chapter 15 of this code are hereby incorporated in their entirety, as modified
from time to time, and shall govern the imposition, enforcement, collection, and review of
administrative citations issued to enforce this article and any rule or regulation adopted
pursuant to this article, except as otherwise indicated in this article.
(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 California 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) Enforcement pursuant to this article may be undertaken by the City Enforcement Official,
which may be the city manager or his/her designated entity, legal counsel, or combination
thereof.
(d) Process for Enforcement.
(1) City Enforcement Officials will monitor compliance with this article randomly and
through Compliance Reviews, Route Reviews, investigation of complaints, and an
Inspection program that may include Remote Monitoring.
(2) City may issue an official notification to notify regulated entities of their obligations
under this article.
(3) Contamination Prevention.
A. For incidences of Prohibited Container Contaminants found by city or its Designee
in containers, the city will issue a Notice of Violation to any generator found to
have Prohibited Container Contaminants in a container. Such notice will be
provided via a cart tag or other communication immediately upon identification of
the Prohibited Container Contaminants or within three days after determining that
a violation has occurred. If the city observes Prohibited Container Contaminants in
a Generator's containers on more than two occasion(s) per calendar year starting
January 1, the city may assess an administrative fine or penalty in accordance with
this article.
B. In addition to subsection (d)(3)(A), above, for incidences of Prohibited Container
Contaminants found by a hauler in containers, the hauler shall have the right to
assess a contamination service charge on the generator to cover the additional costs
of processing Contaminated Containers per the current approved hauler rate
schedule. The foregoing contamination service charge shall not be considered an
administrative fine or penalty. Any disputes arising from the assessment of a
contamination service charge shall be adjudicated pursuant to the customer
complaint resolution process provided under the terms of any contract, agreement,
or similar contractual authorization between the hauler and the city to collect
Organic Waste.
(4) With the exception of violations of generator contamination of container contents
addressed under subsection (d)(3)(A), above, city shall issue a Notice of Violation
requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, city may commence an action to impose penalties, via an administrative
citation and fine, pursuant to article X of chapter 15 of this code.
(6) Notices shall be sent to the "owner" at the official address of the owner maintained by
the tax collector for the city or if no such address is available, to the owner at the address
of the dwelling or Commercial property or to the party responsible for paying for the
collection services, depending upon available information
(e) Penalty Amounts for Types of Violations.
The penalty levels for city -issued Notices of Violation are as follows:
(1) For a first violation, the amount of the base penalty shall be $100 per violation.
(2) For a second violation, the amount of the base penalty shall be $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $500 per
violation.
(f) Compliance Deadline Extension Considerations.
The city may extend the compliance deadlines set forth in a Notice of Violation issued in
pursuant to this article 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.
(g) Appeals Process.
Persons receiving an administrative citation containing a penalty for an uncorrected
violation may request a hearing to appeal the citation in accordance with article X of
chapter 15 of this code. A hearing will be held only if it is requested within the time
prescribed and consistent with city's procedures for appeals of administrative citations as
set forth in article X of chapter 15 of this code. Evidence may be presented at the hearing.
The city will appoint a hearing officer who shall conduct the hearing and issue a final
written order.
(h) Education Period for Non -Compliance.
Beginning on the effective date of this article and through December 31, 2023, the city will
conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and
Compliance Reviews, depending upon the type of regulated entity, to determine
compliance with this article, and if the 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 article and a notice
that compliance is required by the effective date of this article, and that violations may be
subject to administrative civil penalties starting on January 1, 2024.
(i) Civil Penalties for Non -Compliance.
Beginning January 1, 2024, if the city determines that an Organic Waste Generator, Self -
Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance with this article,
it shall document the noncompliance or violation, issue a Notice of Violation, and take
Enforcement Action pursuant to this article and state law, as needed. The foregoing shall
not apply to violations arising from incidences where a hauler discovers Prohibited
Container Contaminants found in containers.
SECTION 4. Amendment to Chapter 7. Chapter 7 (Buildings and Building Regulations)
of the Municipal Code is hereby amended to add a new Article XXI (Model Water Efficient
Landscaping Ordinance) as follows:
ARTICLE XXI — MODEL WATER EFFICIENT LANDSCAPING ORDINANCE
Sec. 7-330. - Purpose.
The purpose of this article is to implement the California Department of Water Resources'
Model Water Efficient Landscaping Ordinance.
Sec. 7-331. - Definitions.
The following terms as used in this article shall, unless the context already indicates otherwise,
have the respective meanings herein set forth herein. Terms not defined herein related to solid
waste, recycling and/or recovery shall have the meaning ascribed to them in Chapter 2 of Part 1 of
Division 30 of the Public Resources Code and Division 7 of Title 14 of the California Code of
Regulations, as amended. Terms not otherwise defined herein or in the aforementioned state codes
and regulations shall have the meanings set forth elsewhere in this Code.
(a) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended
from time to time.
(b) "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR,
Division 2, Chapter 2.7.
(c) "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.
(d) "Single -Family" means of, from, or pertaining to any residential premises with fewer than
five (5) units.
Sec. 7-332. - Model water efficient landscaping ordinance requirements.
(a) Property owners or their building or landscape designers, including anyone requiring a
building or planning permit, plan check, or landscape design review from the city, who are
constructing a new (Single -Family, Multi -Family, public, institutional, or Commercial)
project with a landscape area greater than 500 square feet, or rehabilitating an existing
landscape with a total landscape area greater than 2,500 square feet, shall comply with
Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use
of Compost and mulch as delineated in this section.
(b) The following Compost and mulch use requirements that are part of the MWELO are now
also included as requirements of this article. Other requirements of the MWELO are in
effect and can be found in 23 CCR, Division 2, Chapter 2.7.
(c) Property owners or their building or landscape designers that meet the threshold for
MWELO compliance outlined in subsection (a), above, shall comply with Sections 492.6
(a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape
design plan with a soil preparation, mulch, and amendments section to include the
following:
(1) For landscape installations, Compost at a rate of a minimum of four cubic yards per
1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches
into the soil. Soils with greater than six percent (6%) organic matter in the top six (6)
inches of soil are exempt from adding Compost and tilling.
(2) For landscape installations, a minimum three- (3") inch layer of mulch shall be applied
on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting
groundcovers, or direct seeding applications where mulch is contraindicated. To
provide habitat for beneficial insects and other wildlife up to five percent (5%) of the
landscape area may be left without mulch. Designated insect habitat must be included
in the landscape design plan as such.
(3) Organic mulch materials made from recycled or post -consumer materials shall take
precedence over inorganic materials or virgin forest products unless the recycled post -
consumer organic products are not locally available. Organic mulches are not required
where prohibited by local fuel modification plan guidelines or other applicable local
ordinances.
(d) The MWELO compliance items listed in this section are not an inclusive list of MWELO
requirements; therefore, property owners or their building or landscape designers that meet
the threshold for MWELO compliance outlined in subsection (a). shall consult the full
MWELO for all requirements.
(e) If, after the adoption of this section, the California Department of Water Resources, or its
successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C),
(D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires
jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance,
and the amended requirements include provisions more stringent than those required in this
section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
SECTION 5. Amendment to Division 2 of Article VII of Chapter 2. Division 2
(Purchasing System) of Article VII (Purchases and Sales) of Chapter 2 (Administration) of the
West Covina Municipal Code is hereby amended to add a new Section 2-336 (SB 1383
Procurement Requirements) as follows:
Sec. 2-336. - SB 1383 procurement requirements.
Pursuant to SB 1383 Regulations, city departments, and suppliers and service providers to the city,
as applicable, must comply with the city's Recovered Organic Waste Product Procurement Policy
and Recycled -Content Paper Procurement Policy. As used herein, "SB 1383 Regulations" shall
have the meaning set forth in article IV (Mandatory Organic Waste Disposal Reduction) of chapter
12 of this code.
SECTION 6. Environmental Compliance. Pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.)
and State CEQA Guidelines (Sections 15000 et seq.), the City Council finds that this Ordinance is
not a "project' and further, that it can be seen with certainty that there is no possibility that the
Ordinance may have a significant effect on the environment, either directly or indirectly, and that
therefore no environmental review under the CEQA is required, pursuant to CEQA Guidelines
Section 15061(b)(3). In addition, the Ordinance is exempt pursuant to CEQA Guidelines Section
15308 (Class 8, Actions by Regulatory Agencies for the Protection of the Environment) because
the adoption of this Ordinance is required to comply with state law in order to protect the
environment.
SECTION 7. Effective Date. This Ordinance shall take effect immediately pursuant to
California Government Code section 36937 because of the need for the preservation of the public
peace, health and safety and to comply with State law.
SECTION 8. Certification. The City Clerk shall certify to the adoption of this Ordinance
and shall cause this Ordinance to be published or posted as required by law.
PASSED, APPROVED AND ADOPTED this 15th day of March, 2022.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Dario Castellanos
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, LISA SBERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Urgency Ordinance No. 2494 was introduced and adopted at a
regular meeting of the City Council held on the 15th day of March, 2022, by the following vote of
the City Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk