HomeMy WebLinkAboutOrd 854 ORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA REMOVING CHAPTER
6.04 (REFUSE DISPOSAL) OF THE CITY OF CATHEDRAL
CITY MUNICIPAL CODE AND ADDING CHAPTER 6.04
(SOLID WASTE COLLECTION AND DISPOSAL) TO THE
CITY OF CATHEDRAL CITY MUNICIPAL CODE AND
ADDING SECTION 8.57.025 TO CHAPTER 8.57 (WATER
EFFICIENT LANDSCAPE) OF THE CITY OF CATHEDRAL
CITY MUNICIPAL CODE.
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California
Integrated Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced from time to time),
requires cities and counties to reduce, reuse, and recycle (including composting) Solid
Waste generated in their jurisdictions to the maximum extent feasible before any
incineration or landfill disposal of waste, to conserve water, energy, and other natural
resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the
Governor of the State of California on October 5, 2011, which amended Sections 41730,
41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections
40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to
Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public
Resources Code, as amended, supplemented, superseded and replaced from time to
time), places requirements on businesses and Multi-Family property owners that generate
a specified threshold amount of Solid Waste to arrange for recycling services and requires
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 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Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced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
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Services to support achievement of Statewide Organic Waste disposal reduction targets;
and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires 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.
THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY HEREBY DOES
ORDAIN AS FOLLOWS:
SECTION 1: CEQA ENVIRONMENTAL DETERMINATION.
The City Council exercises its independent judgment and finds that this ordinance
is not subject to the California Environmental Quality Act (CEQA) pursuant to the State
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15308,
which exempts "actions by regulatory agencies for protection of the environment." This
Ordinance is consistent with the goals of California State Assembly Bills 939, 341 , and
1826, and Senate Bill 1383.
SECTION 2. REMOVAL OF CHAPTER 6.04 (REFUSE DISPOSAL) OF THE
CITY OF CATHEDRAL CITY MUNICIPAL CODE AND ADDITION
CHAPTER 6.04 (SOLID WASTE COLLECTION AND DISPOSAL)
TO THE CITY OF CATHEDRAL CITY MUNICIPAL CODE
Chapter 6.04 (Refuse Disposal) of the City of Cathedral City Municipal Code is
hereby removed from the Municipal Code. Chapter 6.04 (Solid Waste Collection and
Disposal), as set forth in Exhibit A, attached hereto and incorporated herein, is hereby
added to the City of Cathedral City Municipal Code.
SECTION 3. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE
REQUIREMENTS
The following Section 8.57.025 is hereby added to Chapter 8.57 (Water Efficient
Landscape):
"8.57.025 Landscape Design Plan
Notwithstanding any other provision of this Chapter, as applicable, all persons and/or
entities subject to the State Model Water Efficient Landscape Ordinance (23 CCR,
Division 2, Chapter 2.7) shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G), of
the State Model Water Efficient Landscape Ordinance, as amended September 15, 2015,
and as it may be amended in the future."
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SECTION 4. SEVERABILITY
If any Chapter, subsection, subdivision, sentence, clause, phrase, or portion of this
ordinance, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision will not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have adopted
this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more Sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional."
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect thirty (30) days after its second reading and
adoption by the City Council.
SECTION 6. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Chapter 36933(a) or, to
cause this Ordinance to be published in the manner required by law using the alternative
summary and posting procedure authorized under Government Code Chapter 39633(c).
The foregoing Ordinance was introduced for first reading at a regular meeting of
the City Council on January 12, 2022, and approved and adopted at a regular meeting
of the City Council held on the 26th day of January 2022, by the following vote:
Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tern Lamb
and Mayor Gutierrez
Noes: None
Abstain: None
Absent: None
-
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rnesto Gutierrez
Mayor
APPROVED AS TO FORM: ATTEST:
)1,-1(1
Eric S. Vail Tracey R. L rmosillo
City Attorney City Clerk
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EXHIBIT A
"Chapter 6.04 SOLID WASTE COLLECTION AND DISPOSAL
ARTICLE I. GENERAL PROVISIONS
ARTICLE II. SOLID WASTE MANAGEMENT
ARTICLE III. FRANCHISES
ARTICLE IV. NON-ORGANIC RECYCLABLES, GREEN WASTE, AND C&D
MATERIALS
ARTICLE V. ORGANIC WASTE
ARTICLE VI. PROHIBITED ACTS
ARTICLE VII. ENFORCEMENT
ARTICLE I. — GENERAL PROVISIONS
Sec. 6.04.100. — Purpose; Findings.
Sec. 6.04.110. — Definitions.
Sec. 6.04.100. — Purpose; Findings.
A. Purpose. The management and proper disposal of Solid Waste is a matter of great
importance to the City, its citizens, visitors, property owners and businesses. The City
finds that the public health, safety, and well-being require the generation, accumulation,
handling, collection, transportation, conversion and disposal of Solid Waste be controlled
and regulated by the City through the comprehensive system provided in this Chapter.
This Chapter is intended to ensure Solid Waste Handling Services are readily available,
adhere to uniform standards, and are reliable, clean, and efficient. The City has a strong
interest in reducing the harboring and breeding of rodents and insects, reducing the
spread of disease, and preventing pollution and other unsightly degradation of the
environment, which can occur with the improper handling of Solid Waste and the excess
accumulation of Solid Waste.
B. Findings. The City finds and declares:
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1. Article XI, § 7 of the California Constitution authorizes cities to make and
enforce within their limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws.
2. The Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989, ("AB 939" or the "Act") (codified
at Public Resources Code §§ 4000 et seq.) established a solid waste
management process that requires cities and other local jurisdictions to
adopt and implement plans to reduce the amount of solid waste generated
within their jurisdiction and to maximize reuse and recycling.
3. AB 939 states that the frequency of solid waste collection, the means of
solid waste collection and transportation, levels of services, charges and
fees for services, and the nature, location and extent of providing solid
waste services, are matters of local concern.
4. AB 939 expressly allows cities to provide solid waste services to its
residents by its own forces or by authorizing a private entity to provide those
services.
5. This Chapter implements Article XI, § 7 of the California Constitution and
AB 939 in the City of Cathedral City and protects public health and safety
by authorizing the City Council to provide solid waste handling service itself
or to award one or more franchises to private entities.
Sec. 6.04.110. - Definitions.
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989,
codified in part at Public Resources Code, §§ 40000 et seq. as it may be amended, and
as implemented by the regulations of CalRecycle or its successor agency.
"Account Holder" means the persons or entities whose name(s) are on a Solid Waste
Franchisee's account for a Premises.
"Bin" means a receptacle, typically between one and six cubic yards, provided by a Solid
Waste Franchisee for the collection of Solid Waste.
"Blue Container" has the same meaning as in 14 CCR Section 18982(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.
"Bulky Waste" means Solid Waste that would not typically fit within a Container, including,
but not limited to, furniture, carpets, mattresses, automobile tires, and oversized green
material such as tree trunks and large branches if no larger than two feet in diameter and
four feet in length, and similar large items discarded from a single-family dwelling. "Bulky
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Waste" does not include Covered Electronic Devices, such as televisions, radios,
computers, monitors, and the like, which are regarded as Universal Waste, the disposal
of which is governed by regulation of the Department of Toxic Substances Control.
"CalRecycle" means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on jurisdictions (and others).
"California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references are preceded with a number that refers to the relevant Title
of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"City" means the City of Cathedral City, California, a municipal corporation, and all of the
territory lying within the municipal boundaries of the City as presently existing and all
geographic areas which may be added or annexed to the City.
"City Manager" means a person having that title in the employ of the City of Cathedral
City, or the City Manager's designated representative.
"City Premises" means City-owned or operated Premises where Solid Waste is generated
or accumulated.
"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.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial
Edible Food Generator as 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.
"Compliance Review" means a review of records by the City to determine compliance
with this Chapter.
"Community Composting" means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the
total amount of feedstock and Compost on-site at any one time does not exceed 100
cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as
otherwise defined by 14 CCR Section 18982(a)(8).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be
amended from time to time.
"Compost Facility" means a Solid Waste facility that processes Organic Waste to produce
Compost or mulch.
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"Construction and Demolition Material" or "C&D Material" means discarded building
materials, "inert wastes" as defined in Public Resources Code § 41821 .3(a)(1) (e.g., rock,
concrete, brick, sand, soil ceramics and cured asphalt), recyclable construction and
demolition materials, packaging, plaster, drywall, rubble resulting from construction,
remodeling, repair and demolition operations, but does not include asbestos-containing
materials or Hazardous Waste.
"Container" means any container, regardless of color.
"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).
"Debris Box" means a Container, typically ten to forty cubic yards, provided by a Solid
Waste Franchisee for the collection of Solid Waste that is normally tipped loaded onto a
motor vehicle and transported to an appropriate facility.
"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.
"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.
"Enforcement Action" means an action by the City to address non-compliance with this
Chapter including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies.
"Enforcement Official" means the city manager or their authorized designee(s) who is/are
partially or wholly responsible for enforcing this Chapter.
waste,
"Excluded Waste" means hazardous substance, hazardous waste, infectious as e,
designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive
waste, and toxic substances or material that facility operator(s), which receive materials
from the City and its generators, reasonably believe(s) would, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal
law, regulation, or ordinance, including: land use restrictions or conditions, waste that
cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions,
waste that in the City, 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
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•
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.
"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).
"Food Facility" has the same meaning as in Section 113789 of the Health and Safety
Code.
"Food Recovery" means actions to collect and distribute food for human consumption that
otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food Recovery Organization" means an entity that engages in the collection or receipt
of Edible Food from Commercial Edible Food Generators and distributes that Edible Food
to the public for Food Recovery either directly or through other entities or as otherwise
defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the
Health and Safety Code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Chapter 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 Chapter.
"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).
"Food Service Provider" means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on
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contractual arrangements with these types of organizations, or as otherwise defined in 14
CCR Section 18982(a)(27).
"Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be
used for the purpose of storage and collection of Gray Container Waste.
"Gray Container Waste" means Solid Waste that is collected in a Gray Container as
specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR
Section 17402(a)(6.5). Gray Container Waste may specifically include carpet, Non-
Compostable Paper and textiles.
"Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall
be used for the purpose of storage and collection of Source Separated Green Container
Organic Waste.
"Green Material" and "Yard Waste" means leaves, grass clippings, brush, branches and
other forms of organic materials generated from maintenance or alteration of landscapes
or gardens including, but not limited to, tree trimmings, pruning, brush and weeds and
incidental pieces of scrap lumber. "Green Material" includes holiday trees (except such
trees which are frosted, flocked or which contain tinsel or metal), but does not include
stumps or branches exceeding four inches (4") in diameter or four feet (4') in length, or
palm fronds, or yucca, which are not suitable for composting.
"Grocery Store" means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a
bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR
Section 18982(a)(30).
"Hauler Route" means the designated itinerary or sequence of stops for each segment of
the City's collection service area, or as otherwise defined in 14 CCR Section
18982(a)(31.5).
"Hazardous Waste" means any waste materials or mixture of wastes defined as a
"hazardous substance" or"hazardous waste" pursuant to the Resource Conservation and
Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the
Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), codified at
California Health & Safety Code §§ 25300 et seq.; the Electronic Waste Recycling Act of
2003, codified at California Health & Safety Code §§ 25214.9et seq. and California Public
Resources Code §§ 41516 et seq., laws governing Universal Waste, all future
amendments to any of them, or as defined by CalRecycle or the Department of Toxic
Substances Control, or by their respective successor agencies. If there is a conflict in the
definitions employed by two or more agencies having jurisdiction over hazardous or Solid
Waste, the term "Hazardous Waste" shall be construed to have the broader, more
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encompassing definition.
"High Diversion Organic Waste Processing Facility" has the same meaning as defined in
14 CCR Section 18982(a)(33).
"Household Hazardous Waste" means Hazardous Waste, including Universal Waste or
Covered Electronic Devices, generated at a Single-Family or Multifamily Residential
Premises, including but not limited to dry cell household batteries; cell phones and PDAs;
used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact
fluorescent light bulbs contained in a sealed plastic bag; cleaning products; pesticides;
herbicides; insecticides; painting supplies; automotive products; solvents; stripes; and
adhesives; auto batteries; and Universal Waste generated at a Single-Family or
Multifamily Residential Premises.
"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).
"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.
"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.
"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).
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"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.
"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR,
Division 2, Chapter 2.7.
"Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the composting process, oras otherwise defined in 14
CCR Section 18982(a)(41).
"Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass, or as otherwise
defined in 14 CCR Section 18982(a)(43).
"Notice of Violation (NOV)" means a notice that a violation of this Chapter has occurred
that includes a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14 CCR Section 18982(a)(45)or further explained in 14 CCR Section 18995.4.
"Organic Waste" means Solid Wastes containing material originated from living
organisms and their metabolic waste products, including but not limited to food, green
material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper
Products, Printing and Writing Paper, manure, 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).
"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).
"Owner" means the persons or entities listed on the last equalized assessment roll as
the owner of a lot or parcel of real property within the City.
"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).
"Person in Charge" means an Owner, tenant, occupant or other person or persons
responsible for the day-to-day operation of a Premises.
"Premises" means place where any person resides, or any business is carried on or
conducted, or any other place upon which Solid Waste is generated or accumulated.
"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
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writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Prohibited Container Contaminants" means the following: (i) discarded materials placed
in the Blue Container that are not identified as acceptable Source Separated Recyclable
Materials for the City's Blue Container; (ii) discarded materials placed in the Green
Container that are not identified as acceptable Source Separated Green Container
Organic Waste for the City's Green Container; (iii) discarded materials placed in the Gray
Container that are acceptable Source Separated Recyclable Materials and/or Source
Separated Green Container Organic Wastes to be placed in the City's Green Container
and/or Blue Container; and, (iv) Excluded Waste placed in any container.
"Recovered Organic Waste Products" means products made from California, landfill-
diverted recovered Organic Waste processed in a permitted or otherwise authorized
facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as
otherwise defined in 14 CCR Section 18982(a)(49).
"Recycled-Content Paper" means Paper Products and Printing and Writing Paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise
defined in 14 CCR Section 18982(a)(61).
"Remote Monitoring" means the use of the internet of things (loT) and/or wireless
electronic devices to visualize the contents of Blue Containers, Green Containers, and
Gray Containers for purposes of identifying the quantity of materials in containers (level
of fill) and/or presence of Prohibited Container Contaminants.
"Restaurant" means an establishment primarily engaged in the retail sale of food and
drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
"Route Review" means a visual Inspection of containers along a Hauler Route for the
purpose of determining Container Contamination and may include mechanical Inspection
methods such as the use of cameras, or as otherwise defined in 14 CCR Section
18982(a)(65).
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of
this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations
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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.
"Single-Family" means of, from, or pertaining to any residential premises with fewer than
five (5) units.
"Solid Waste" has the same meaning as defined in State Public Resources Code Section
40191 . Solid Waste includes, but is not limited to, Gray Container Waste, Non-Organic
Recyclables, and Organic Waste.
"Solid Waste Enterprise" means any individual, partnership, joint venture, unincorporated
private organization, or private corporation, which is regularly engaged in the business of
providing Solid Waste Handling Services.
"Solid Waste Franchisee" means a Solid Waste Enterprise that has been granted the right
and privilege by the City, or by operation of law, to perform one or more Solid Waste
Handling Services within the City or a portion thereof.
"Solid Waste Handling Services" means the collection, transportation, processing,
recycling, composting, conversion, retention and disposal of solid waste, construction and
demolition materials, bulky waste, Household Hazardous Waste, and/or Universal Waste.
"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.
"Source Separated Blue Container Organic Waste" means Source Separated Organic
Wastes that can be placed in a Blue Container that is limited to the collection of those
Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as
otherwise defined by Section 17402(a)(18.7).
"Source Separated Green Container Organic Waste" means Source Separated Organic
Waste that can be placed in a Green Container that is specifically intended for the
separate collection of Organic Waste by the generator, excluding Source Separated Blue
Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
"Source Separated Recyclable Materials" means Source Separated Non-Organic
Recyclables and Source Separated Blue Container Organic Waste.
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"Spilled" means deposited, released, spilled, leaked, pumped, poured, emitted, emptied,
discharged, injected, dumped or disposed into the environment, or which otherwise has
come to be located outside an authorized container. The term "disposed into the
environment" shall include, but is not limited to, the abandonment or discarding of barrels,
bags, cans and other closed receptacles containing solid waste.
"State" means the State of California.
"Supermarket" means a full-line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods,
or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section
18982(a)(71).
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square
feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(73) shall apply.
"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.
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(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.
"Universal Waste" means and includes, but is not limited to, Universal Waste Electronic
Devices" or"UWEDs," (i.e., electronic devices subject to the regulation of the Department
of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other Universal Wastes,
including, but not limited to non-empty aerosol cans, fluorescent tubes, high intensity
discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of
a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button
batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and
emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries
which exhibit the characteristic of a hazardous waste), mercury thermometers, and
mercury-containing switches.
"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).
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ARTICLE II. — SOLID WASTE MANAGEMENT
Sec. 6.04.200. — Collection Arrangements Required.
Sec. 6.04.210. — Containers — Use, Placement for Collection, Storage.
Sec. 6.04.220. — Clean-Up.
Sec. 6.04.230. — Disposal Frequency
Sec. 6.04.200. — Collection Arrangements Required.
In order to protect the public health, safety, and well-being, and to prevent the spread of
vectors, the Person in Charge of a Premises in the City shall make arrangements with a
Solid Waste Franchisee for Solid Waste Handling services and keep such arrangement
in good standing. A violation of this Section is a misdemeanor and punishable as provided
in Article VII of this Chapter.
Sec. 6.04.210. — Containers — Use, Placement for Collection, Storage.
Use. EveryPerson in Charge of a Premises shall:
A. g
1. Keep on the Premises a sufficient number of Containers to hold all Solid
Waste, including Gray Container Waste, Non-Organic Recyclables, and Organic
Waste that accumulates on the Premises each week without spilling, leaking, or
emitting odors.
2. Deposit or cause to be deposited all Solid Waste, including Gray Container
Waste, Non-Organic Recyclables, and Organic Waste generated or accumulated
on the Premises into the proper Containers in accordance with the provisions of
this Chapter.
B. Placement for Collection. To minimize interference with public rights-of-way, no
person shall place a Container in a public right-of-way for collection by the appropriate
Solid Waste Franchisee more than 24 hours prior to the normal collection time.
Containers placed in a public right-of-way for collection shall be removed from the right-
of-way within 24 hours after collection.
C. Storage. Except during the time, a Container is placed for collection, no Container
shall be visible from the public right of way. A Debris Box may be placed in a location
that is visible from the public right of way at a Single-Family Residential Premises for up
to thirty(30)consecutive days and for no more than sixty(60)total days during any twelve
(12) month period.
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Sec. 6.04.220. — Clean-Up.
A. Until Solid Waste has been picked up by the appropriate Solid Waste Franchisee,
each Person in Charge of a Premises shall be responsible for the cleanup of any and all
Solid Waste generated, accumulated, or Spilled on the Premises. This cleanup
responsibility includes the cleanup of Solid Waste Spilled for any reason, including but
not limited to human or animal interference with a Container, wind or other natural forces,
at any time during storage, collection, removal, or transfer of the materials.
B. The City's Solid Waste Franchisee(s) shall clean up any Solid Waste Spilled during
its collection, removal, or transfer, as soon as the Spill occurs.
Sec. 6.04.230. — Disposal Frequency.
All Solid Waste accumulating upon a Premises must be disposed of as frequently as
required to avoid an accumulation of Solid Waste in violation of this Chapter, but in no
case shall disposal occur less frequently than one (1)time per week, except that less than
weekly disposal may be permitted during any period of time the Premises is temporarily
unoccupied and Solid Waste is not accumulating on the Premises due to out-of-town
travel or other similar situations.
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ARTICLE III. — FRANCHISES
Sec. 6.04.300. — Provision of Solid Waste Handling Service.
Sec. 6.04.310. — Solid Waste Franchises.
Sec. 6.04.320. — Manner, Time and Frequency of Collection
Sec. 6.04.330. — Liability for Solid Waste Collection Fees.
Sec. 6.04.340. —AB 939 Fees.
Sec. 6.04.300. — Provision of Solid Waste Handling Service.
A. The City Council may grant franchises to one or more Solid Waste Enterprises to
make arrangements with the Persons in Charge of Premises within the City for Solid
Waste Handling Services.
B. The City Council may determine Solid Waste collection categories, (e.g., single-
family, commercial, construction & demolition materials, household hazardous waste,
Universal Waste, Covered Electronic Devices, recyclable materials, and others) and may
make or impose franchise, license, contract, or permit requirements which may vary for
such categories.
Sec. 6.04.310. — Solid Waste Franchises.
A. The City Council may award exclusive, partially exclusive, or non-exclusive
franchises for one or more types of Solid Waste Handling Services for all or a portion of
the Premises in the City. Any such franchise shall be in the form of a written agreement,
approved by the City Council by written resolution, and shall be subject to all of the
continuation rights, if any, held by any other Solid Waste Enterprise pursuant to Public
Resources Code § 49520 et seq. Where a franchise agreement is silent on an issue, the
provisions of this Chapter shall govern. Where a franchise agreement predates the
effective date of this Chapter, the provisions of the franchise agreement shall govern over
any inconsistent provisions contained in this Chapter.
B. Any franchise granted pursuant to paragraph A of this section shall be granted on
such terms and conditions as the City Council shall establish in its sole discretion. At a
minimum, the franchise shall provide:
1. The Solid Waste Franchisee shall comply with the applicable provisions of
this Chapter; and,
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2. The Solid Waste Franchisee shall protect, defend, indemnify and hold the
City harmless such acts, omissions, liabilities and damages caused by the failure
of the Solid Waste Franchisee to comply with its franchise agreement; and
3. The Solid Waste Franchisee shall be required to cooperate with City in Solid
Waste disposal characterization studies and the preparation of waste stream
audits, and to submit information required by the City to meet the reporting
requirements of AB 939, or any other law or regulation, and to implement
measures consistent with the City's Source Reduction and Recycling Element to
reach the Solid Waste and recycling goals mandated by the California Integrated
Waste Management Act of 1989, as it may be amended from time to time.
Sec. 6.04.320. — Manner, Time and Frequency of Collection.
A. Regular Collection. The City's Solid Waste Franchisee(s) shall make
arrangements with its Account Holders specifying the manner in which Solid Waste
Handling Services are to be regularly provided, subject to the terms of its franchise.
B. Special Collections. The City's Solid Waste Franchisee(s) may provide on-call
collection of Bulky Waste and Household Hazardous Waste to its Account Holders and
shall provide its Account Holders with Debris Boxes when requested and collect the
Debris Box when the Account Holder no longer requires the Debris Box. The terms and
conditions upon which such special collections are provided to Account Holders shall be
arranged between the Solid Waste Franchisee and the Account Holder, subject to the
terms of the Solid Waste Franchisee's franchise from the City.
Sec. 6.04.330. — Liability for Solid Waste Collection Fees.
A. Joint and Several Liability. The Owner of a Premises and the Account Holder for
a Premises are jointly and severally liable for Solid Waste Handling Services provided to
the Premises by a Solid Waste Franchisee, including any related fees, charges, and
penalties.
B. Delinquencies - Single Family and Multifamily Residential Premises. An Account
Holder for a Single Family or Multifamily Premises who has not remitted required payment
for Solid Waste Handling Services within one hundred twenty (120) days after the date of
billing shall be notified by the Solid Waste Franchisee servicing the Premises on forms
that contain a statement that if payment is not received within fifteen (15) days from the
date of the notice, a 10% penalty and 1.5% monthly interest will begin to accrue and the
City will be informed of the delinquency in an annual report. The Solid Waste Franchisee
will deliver a report of the delinquencies in May of each year with a request that the City
place the delinquencies on the tax roll.
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C. Delinquencies - Commercial Premises (Excluding Multi-Family Premises). Solid
Waste Franchisee(s) may discontinue service to a Commercial Premises, excluding Multi-
Family Premises, if the Account Holder of the Commercial Premises has not remitted
required payment for Solid Waste Handling Services within sixty (60) days after the date
of billing. If a Solid Waste Franchisee terminates service to any non-paying Premises,
the Solid Waste Franchisee may require as a condition precedent to re-establishment of
such service, that the Owner of the Premises and the Account Holder must comply fully
with all of the billing policies and practices of the Solid Waste Franchisee, including, but
not limited to, requirement of payment by cash or cash equivalent, prepayment of one full
billing cycle, a security deposit, payment of all costs of collection of monies owed to the
Solid Waste Franchisee, and payment of a reinstatement fee. Delinquent Commercial
Premises accounts shall be charged a 1.5% monthly late fee on the delinquent balance.
If a Solid Waste Franchisee discontinues service for non-payment, the Solid Waste
Franchisee shall, upon City request, give written notice to the City Manager of any
discontinuance of service for nonpayment, giving the name and address of the Account
Holders.
D. Tax Roll Billing. Pursuant to Health & Safety Code section 5470 et seq., the City
may collect fees or charges for Solid Waste Handling Services on the property tax roll for
the Premises. If the City decides to collect fees for Solid Waste Handling Services or
charges on the property tax roll, it shall adhere to the following procedures:
1. City will fix a time, date and place for hearing on the report of the amount of
fees and charges to be charged each Premises by the Solid Waste Franchisee
and any objections and protests to the report. The Solid Waste Franchisee shall
publish and provide notice of the hearing on the report in accordance with Health
and Safety Code section 5470 et seq. At the hearing, City shall hear any objections
or protests of Owners liable to be assessed for fees. The City may make revisions
or corrections to the report as it deems just, after which, by resolution, the report
shall be confirmed.
2. The fees and charges set forth in the report as confirmed shall constitute
special assessments against the Premises listed in the report and are a lien on the
Premises for the amount of the fees and charges. A certified copy of the confirmed
report shall be filed with the Riverside County Auditor for the amounts of the
respective assessments against the respective Premises as they appear on the
current assessment roll. The lien created attaches upon recordation, in the office
of the Riverside County Recorder, of a certified copy of the resolution of
confirmation. The assessment may be collected at the same time and in the same
manner as ordinary ad valorem property taxes are collected and shall be subject
to the same penalties and the same procedure and sale in case of delinquency as
provided for those taxes.
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3. City shall remit to its Solid Waste Franchisee(s) amounts collected pursuant
to this process within thirty (30) days of receipt from the Riverside County
Assessor. Solid Waste Franchisee(s) shall notify the City in the event any
delinquency on the report for which a lien has been created is paid or otherwise
resolved.
Sec. 6.04.340. —AB 939 Fees.
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900
et seq., the City may impose fees on Solid Waste Franchisees and/or Premises in
amounts sufficient to pay the costs of preparing, adopting, and implementing a
countywide integrated waste management plan, including the costs of preparing, adopting
and implementing the City's required Source Reduction and Recycling Element,
Household Hazardous Waste Element, and NonDisposal Facility Element, and the costs
of setting and collecting the fees. Any new or increased AB 939 fees imposed on a Solid
Waste Franchisee shall be cause for a corresponding rate adjustment to the franchisee's
then current rate structure.
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ARTICLE IV. — NON-ORGANIC RECYCLABLES, GREEN WASTE, AND C&D
MATERIALS
Sec. 6.04.400. — Non-Organic Recyclables — Ownership, Right to Dispose.
Sec. 6.04.410. — Landscapers — Disposal of Green Waste.
Sec. 6.04.420. — Licensed Contractors — Disposal of C&D Materials.
Sec. 6.04.430. — Mandatory Commercial/Multifamily Recycling.
Sec. 6.04.400. — Recyclable Materials — Ownership, Right to Dispose.
A. Upon placement by the owner of Non-Organic Recyclables at a designated
recycling collection location, or placement of Non-Organic Recyclables in a Container
provided by the appropriate Solid Waste Franchisee, the Non-Organic Recyclables
becomes the property of the recycler or Solid Waste Franchisee, by operation of state
law.
B. Nothing in this Chapter shall limit the right of any person, organization or other
entity to donate, sell or otherwise dispose of any Non-Organic Recyclables segregated
from the Solid Waste stream owned by that person, organization or other entity, provided
that the person, organization or other entity does not pay the buyer or donee any
consideration for collecting, processing or transporting such Non-Organic Recyclables, or
a consulting or broker's fee for recycling services.
Sec. 6.04.410. — Landscapers — Disposal of Green Waste.
Landscapers may collect, transport and compost or dispose of Green Waste, provided
that any such Green Waste is generated by their own specific work site and is disposed
of at a Compost Facility permitted by CalRecycle or exempt from permitting.
Landscapers shall not contract with a Solid Waste Enterprise to collect, transport and
compost or dispose of Green Waste unless that Solid Waste Enterprise has a franchise
from the City to perform said services.
Sec. 6.04.420. — Licensed Contractors — Disposal of C&D Materials.
Licensed contractors performing work within the scope of their licenses/permits within the
City may collect, transport and dispose or recycle of Construction and Demolition
Materials generated within their own specific work sites, provided that the licensed
contractor adheres to the standards for disposal of Construction and Demolition Material
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provided in the California Green Building Standards Code (California Code of Regulations
Title 24, Part 11). Construction and Demolition Materials must be transported to a
recycling facility permitted by CalRecycle whenever possible. Landfilling of Construction
and Demolition Materials shall be a last resort.
Licensed contractors shall not contract with a Solid Waste Enterprise or Construction and
Demolition Clean-Up Enterprise to collect, transport and dispose or recycle of
Construction and Demolition Materials unless that Solid Waste Enterprise has a franchise
from the City to perform said services.
Sec. 6.04.430. Mandatory Commercial/Multifamily Recycling.
A. A Commercial Premises that generates four cubic yards or more of Solid Waste
per week shall arrange for recycling services for Non-Organic Recyclables by subscribing
to a Solid Waste Franchisee for the pick-up of Non-Organic Recyclables.
B. A business subject to subsection (a) and that provides customers access to the
business shall provide, customers with a Non-Organic Recyclables Container to collect
material purchased on the premises and that fulfills all of the following requirements:
1. Is adjacent to Gray Container Waste container, except in restrooms.
2. Is visible and easily accessible.
3. Is clearly marked with educational signage indicating what is appropriate to
place in the Non-Organic Recyclables Container in accordance with state
law and the City's solid waste ordinances and practices.
Full-service restaurants are exemptrequirements from the re uirements of this subdivision if the full-
service
service restaurant, provides its employees a Non-Organic Recyclables Container to
collect material purchased on the premises and implements a program to collect Non-
Organic Recyclables.
For a park that is subject to subsection (a), this subsection shall apply on and after
January 1, 2022.
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ARTICLE VI. — ORGANIC WASTE
Sec. 6.04.500. — Compliance with AB 1826 and SB 1383
Sec. 6.04.510. — Requirements for Single-Family Generators.
Sec. 6.04.520. — Requirements for Commercial Businesses.
Sec. 6.04.530. — Waivers for Generators.
Sec. 6.04.540. — Requirements for Commercial Edible Food Generators.
Sec. 6.04.550. — Requirements for Food Recovery Organizations and Services.
Sec. 6.04.560. — Requirements for Haulers, Facility Operators and Community
Composting Operations.
Sec. 6.04.570. — Compliance with CALGreen Recycling Requirements.
Sec. 6.04.500. Compliance with AB 1826 and SB 1383
Single-Family Premises and Commercial Premises shall comply with the Organic Waste
recycling provisions of AB 1826 and SB 1383, and all regulations associated therewith.
Sec. 6.04.510. Requirements for Single-Family Generators.
Single-Family Organic Waste Generators:
g Y 9
A. Shall subscribe to the City's three-container Organic Waste collection services.
The City shall have the right to review the number, size, and location of a generator's
containers to evaluate adequacy of capacity provided for each type of collection service
for proper separation of materials and containment of materials; and generator shall
adjust its service level for its collection services as requested by the City.
B. Shall participate in the City's three-container system for Source Separated
Recyclable Materials, Source Separated Green Container organic materials, and Gray
Container Waste collection services. Generator participation in the collection programs
requires that generators place only approved materials in the appropriate colored
containers. Generators shall not place materials designated for the Gray Container into
the Green Container or Blue Container.
Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is
not required to replace functional containers, including containers purchased prior to
January 1, 2022, that do not comply with the color requirements of this Chapter and the
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Regulations, prior to the end of the useful life of those containers, or prior to January 1,
2036, whichever comes first. Labels will be placed on the new containers indicating the
primary materials accepted and the primary materials prohibited in the containers. Until
SB 1383 compliant colored containers are provided (Blue Container, Green Container,
and Gray Container), Single-Family Waste Generators shall comply with the container
label requirements.
C. Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, and/or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
Sec. 6.04.520. Requirements for Commercial Businesses.
Commercial Businesses, which includes Multi-Family Residential Dwellings, shall:
A. Subscribe to the City's three-container Organic Waste collection services. The City
shall have the right to review the number, size, and location of a generator's containers
and frequency of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and containment of materials; and
Commercial Business shall adjust its service level for its collection services as requested
by the City.
B. Participate in and comply with the City's three-container (Blue Container, Green
Container, and Gray Container) collection service by placing designated materials in
designated containers. Generator shall place only approved materials in the appropriate
colored containers. Generators shall not place materials designated for the Gray
Container into the Green Container or Blue Container.
Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is
not required to replace functional containers, including containers purchased prior to
January 1, 2022, that do not comply with the color requirements of this Chapter and the
Regulations, prior to the end of the useful life of those containers, or prior to January 1,
2036, whichever comes first. Labels will be placed on the new containers indicating the
primary materials accepted and the primary materials prohibited in the containers. Until
SB 1383 compliant colored containers are provided (Blue Container, Green Container,
and Gray Container), Commercial Businesses shall comply with the container label
requirements.
C. Supply and allow access to adequate number, size, 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 the City's Blue
Container, Green Container, and Gray Container collection service.
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D. Excluding Multi-Family Residential Dwellings, provide containers for the collection
of Source Separated Green Container Organic Waste, and Source Separated Recyclable
Materials in all indoor and outdoor areas where disposal containers are provided for
customers, for materials generated by that business. Such containers do not need to be
provided in restrooms. If a Commercial Business does not generate any of the materials
that would be collected in one type of container, then the business does not have to
provide that particular container in all areas where disposal containers are provided for
customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the
business shall have either:
(1) A body or lid that conforms with the container colors provided through the
collection service provided by 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.
(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 labels are required on new
containers commencing January 1, 2022.
E. Multi-Family Residential Dwellings are not required to comply with container
placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, Inspection, and/or other
measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing
materials in a container not designated for those materials per the City's Blue Container,
Green Container, and Gray Container collection service.
G. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Container,
Green Container, 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).
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.
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
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•
from Gray Container Waste (when applicable)and the location of containers and the rules
governing their use at each property.
J. Provide or arrange access for the City or its agent to their properties during all
Inspections conducted in accordance with this Chapter to confirm compliance with the
requirements of this Chapter.
K. If implemented, accommodate and cooperate with the City's Remote Monitoring
program for Inspection of the contents of containers for Prohibited Container
Contaminants, to evaluate generator's compliance with this Chapter. The Remote
Monitoring program shall involve installation of Remote Monitoring equipment on or in the
Blue Containers, Green Containers, and/or Gray Containers.
L. 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 of this Chapter.
Sec. 6.04.530. Waivers for Generators.
A. De Minimis Waivers: The City may, at its discretion or in concert with its Solid
Waste Franchisee, waive a Commercial Business' obligation (including Multi-Family
Residential Dwellings) to comply with some or all of the Organic Waste requirements of
this Chapter if the Commercial Business:
(1) Submits an application specifying the services that they are requesting a
waiver from; and
(2) Provides documentation that either:
(A) The Commercial Business' total Solid Waste collection service is two
cubic yards or more per week and Organic Waste subject to collection in a
Blue Container or Green Container comprises less than 20 gallons per week
per applicable container of the business' total waste; or,
(B) The Commercial Business'total Solid Waste collection service is less
than two cubic yards per week and Organic Waste subject to collection in a
Blue Container or Green Container comprises less than 10 gallons per week
per applicable container of the business' total waste; and
(3) Notifies the City if circumstances change such that Commercial Business's
Organic Waste exceeds the threshold required for waiver, in which case waiver
will be rescinded; and
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(4) Provides written verification of eligibility for de minimis waiver every 5 years,
if the City has approved de minimis waiver.
B. Physical Space Waivers: The City may, at its discretion or in concert with its Solid
Waste Franchisee, waive a Commercial Business' or property owner's obligations
(including Multi-Family Residential Dwellings)to comply with some or all of the recyclable
materials and/or Organic Waste collection service requirements if the City has evidence
from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that
the premises lack adequate space for the collection containers required for compliance
with the Organic Waste collection requirements of this Chapter.
A Commercial Business or property owner may request a physical space waiver through
the following process:
(1) Submit an application form specifying the type(s) of collection services for
which they are requesting a compliance waiver.
(2) Provide documentation that the premises lack adequate space for Blue
Containers and/or Green Containers, including documentation from its hauler,
licensed architect, or licensed engineer.
(3) Provide written verification to the City that it is still eligible for physical space
waiver everyfive years, if the City has approved application for a physical space
waiver.
C. Collection Frequency Waiver: The City, at its discretion or in concert with its Solid
Waste Franchisee, and in accordance with 14 CCR Section 18984.11(a)(3), may allow
the owner or tenant of any residence, premises, business establishment or industry that
subscribes to the City's three-container Organic Waste collection service to arrange for
the collection of their Blue Container, Gray Container, or both once every fourteen days,
rather than once per week.
Sec. 6.04.540. Requirements for Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generators must comply with the below
requirements commencing January 1, 2022, and Tier Two Commercial Edible Food
Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section
18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing
for food to be provided by others, shall require Food Facilities operating at the Large
Venue or Large Event to comply with the requirements of this Section, commencing
January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
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(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-
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self-
hauled.
(iv) The quantity of food, measured in pounds recovered per
month, collected or self-hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.
(6) Commencing no later than January 1, 2022, for Tier One Commercial Edible
Food Generators and January 1, 2024, for Tier Two Commercial Edible Food
Generators, Commercial Edible Food Generators shall provide a quarterly Food
Recovery report to the City which includes the information required in 14 CCR
Section 18991.4 "Record Keeping Requirements for Commercial Edible Food
Generators."
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D. Nothing in this Section 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. 6.04.550. 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. Commencing January 1 , 2022, Food Recovery Organizations and Food Recovery
Services that have their primary address physically located in the City and contract with
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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), as applicable.
D. Food Recovery Capacity Planning
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.
E. Commencing no later than January 1, 2022, Food Recovery Services and
Organization shall provide a quarterly report to the City which includes the information
required in 14 CCR Section 18991.5 "Food Recovery Services and Organizations."
Sec. 6.04.560. Requirements for Solid Waste Franchisee, Facility Operators and
Community Composting Operations.
A. Requirements for Haulers.
(1) Solid Waste Franchisee providing residential, Commercial or Organic
Waste collection services to generators within the City's boundaries shall meet the
following requirements and standards as a condition of approval of a contract,
agreement, or other authorization with the City to collect Organic Waste:
A. Through written notice to the City annually on or before July 1,
identify the facilities to which they will transport Organic Waste including the
facilities for Source Separated Recyclable Materials and Source Separated
Green Container Organic Waste, as applicable.
B. Transport Source Separated Recyclable Materials and Source
Separated Green Container Organic Waste to a facility, operation, activity,
or property that recovers Organic Waste, as defined in 14 CCR, Division 7,
Chapter 12, Article 2.
C. Obtain approval from the City to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community Composting
site or lawfully transporting C&D in a manner that complies with 14 CCR
Section 18989.1 .
D. Solid Waste Franchisee shall comply with education, equipment,
signage, container labelling, container color, contamination monitoring,
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reporting, and other requirements contained within its franchise agreement,
as may be amended from time to time.
E. Notwithstanding any the foregoing, nothing in this Chapter shall
restrict or otherwise prohibit Solid Waste Franchisee from meeting its
compliance requirements by any alternative methods or procedures,
provided it complies with SB 1383, the SB 1383 Regulations, and/or any
other applicable law, as may be amended from time to time.
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 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. 6.04.570. Compliance with CALGreen Recycling Requirements.
As applicable, all persons and/or entities subject to California Green Building Standards
Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions
of CALGreen, as amended July 1, 2019 and effective January 1, 2020:
(1) Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1
Recycling by Occupants Non-residential.
wastecommingled with construction and demolition debris,
(2) For organic
99
Section 4.408.1 Construction Waste Management Residential and Section 5.408.1
Construction Waste Management non-residential.
If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of
CALGreen are amended in a manner that requires the City to incorporate the
requirements in an updated local ordinance, and the amended requirements include
provisions more stringent than those required in this Section, the revised requirements of
Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced.
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ARTICLE VI. — PROHIBITED ACTS
Sec. 6.04.600. — Removal of Solid Waste.
Sec. 6.04.610. — Bulky Waste.
Sec. 6.04.620. — Hazardous Waste.
Sec. 6.04.630. — Solid Waste Burning.
Sec. 6.04.640. — Franchise Required.
Sec. 6.04.650. — Public Nuisance.
Sec. 6.04.660. — Unauthorized Disposal.
Sec. 6.04.670. — Spills.
Sec. 6.04.680. — Unlawful Dumping.
Sec. 6.04.690. — Solid Waste Facilities
Sec. 6.04.600. — Removal of Solid Waste.
No person other than the Person in Charge of any Premises or a City Solid Waste
Franchisee shall:
1. Remove any Container from the location where the Container was placed for
storage or collection by the Person in Charge of the Premises; or
2. Remove any Solid Waste from any Container; or
3. Move a Container from the location in which it was placed for storage or collection
without the prior written approval of the Person in Charge of the Premises.
Sec. 6.04.610. — Bulky Waste.
No person shall place Bulky Waste adjacent to or in a street or public right-of-way for
collection or removal purposes without first making arrangements with the appropriate
Solid Waste Franchisee for the collection or removal of such Bulky Waste.
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Sec. 6.04.620. — Hazardous Waste.
No person shall place, or deposit Hazardous Waste, Household Hazardous Waste, or
Universal Waste in any Container provided by a Solid Waste Franchisee, or deposit,
release, spill, leak, pump, pour, emit, empty, discharge, inject, dump or dispose into the
environment any Hazardous Waste, Household Hazardous Waste or Universal Waste.
Sec. 6.04.630. — Solid Waste Burning.
No person shall burn any Solid Waste within the City, except in an approved incinerator
or transformation facility or other device for which a permit has been issued, and which
complies with all applicable permit and other regulations of air pollution control authorities
and provided any such act of burning in all respects complies with all other laws, rules
and regulations.
Sec. 6.04.640. — Franchise Required.
No person except a Solid Waste Franchisee, a landscaper hauling green waste, or a
licensed contractor performing work within the scope of that license, shall collect or
remove any Solid Waste from any Premises within the City.
Sec. 6.04.650. — Public Nuisance.
It is unlawful and a public nuisance if any one of the following conditions exists at a
Premises:
1. The Person in Charge of the Premises has not made arrangements with the
appropriate Solid Waste Franchisee for Solid Waste Handling Services.
2. The Person in Charge of the Premises has made arrangements with the
appropriate Solid Waste Franchisee for Solid Waste Handling Services, but the Solid
Waste Franchisee has terminated services to the Premises due to the Account Holder's
failure to pay for such services.
Sec. 6.04.660. — Unauthorized Disposal.
No person shall place anything in another person's Containers without the permission of
such other person.
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Sec. 6.04.670. — Spills.
It is unlawful for any person transporting Solid Waste not to clean up, or arrange for the
cleanup, of any Solid Waste during removal or transport within the City by such person.
If any person transporting Solid Waste Spills any such materials and does not clean up
or arrange for the cleanup of the Spill, the City may clean up the Spill and charge the
person responsible for the Spill 100 percent of the costs the City incurred in cleaning up
the Spill.
Sec. 6.04.680. — Unlawful Dumping.
It is unlawful for any person to negligently or intentionally Spill upon any property within
the City any Solid Waste, or to cause, suffer, or permit Solid Waste to be located upon
any property in the City, except as authorized by law.
Sec. 6.04.690. — Solid Waste Facilities.
No person shall construct or operate a Solid Waste management facility, including but not
limited to a materials recovery facility, Solid Waste transfer or processing station,
composting facility, a buy-back or drop-off center, disposal facility or a recycling center
without first satisfying all City requirements for land use, environmental and other
approvals.
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ARTICLE VII. — ENFORCEMENT
Sec. 6.04.700. — Inspections and Investigations by the City.
Sec. 6.04.710. — Enforcement.
Sec. 6.04.720. — Violation.
Sec. 6.04.730. — Misdemeanor.
Sec. 6.04.740. —Attorneys' fees.
Sec. 6.04.700. — Inspections and Investigations by the City.
A. City employees, Designee, and/or its Solid Waste Franchisee 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, 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 this Chapter, the City may conduct
container Inspections for Prohibited Container Contaminants using Remote Monitoring,
and Commercial Businesses shall accommodate and cooperate with the Remote
Monitoring, where applicable.
B. Persons in charge shall provide or arrange for access during all Inspections (with
the exception of residential property interiors) and shall cooperate with City employees,
Designee, and/or its Solid Waste Franchisee 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; (ii) installation and operation of Remote Monitoring equipment,
where required; or (ii) access to records for any Inspection or investigation is a violation
of this Chapter and may result in penalties described.
C. Any records obtained by a 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 employees, Designee, and/or its Solid Waste Franchisee are authorized to
conduct any Inspections, Remote Monitoring or other investigations as reasonably
necessary to further the goals of this Chapter, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may
be potentially non-compliant with this Chapter, including receipt of anonymous
complaints.
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Sec. 6.04.710. — Enforcement.
A. Pursuant to California Penal Code Section 836.5, any City code enforcement
officer is authorized to enforce the provisions of this Chapter and as well as those of
California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375;
California Government Code Section 68055 et seq.; and California Vehicle Code Sections
23111 and 23112.
B. Any violation of this Chapter may be enforced in any manner authorized by law,
including but not limited to an administrative citation, criminal citation, nuisance
abatement action, or civil action.
Sec. 6.04.720. —Violation.
Except as otherwise provided in this Chapter, violations of this Chapter are punishable as
set out in Title 13 of the City of Cathedral City Municipal Code.
Sec. 6.04.730. — Misdemeanor.
Violation of this Chapter shall be a misdemeanor.
Sec. 6.04.740. — Attorneys' Fees.
In any action or proceeding brought to enforce a violation of this Chapter, including but
not limited to a nuisance abatement action and an action to foreclose on a special
assessment, the prevailing party shall recover its reasonable attorney's fees and costs.
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