HomeMy WebLinkAbout989 - Ordinance ORDINANCE NO. 989
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADDING CHAPTER 8.15 (MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8
HEALTH AND SAFETY OF THE RANCHO CUCAMONGA
MUNICIPAL CODE, AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA
SECTION 1. FINDINGS.
A. The City of RANCHO CUCAMONGA, California ("City") is a municipal corporation,
duly organized under the constitution and laws of the State of California.
B. Assembly Bill ("AB") 939 of 1989, the California Integrated Waste Management
Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented,
superseded and replaced from time to time and as implemented by regulations of the California
Department of Resources, Recycling and Recovery ("Cal Recycle")), requires the City to reduce,
reuse, and recycle (including composting), solid waste generated in the City 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.
C. AB 341 of 2011 places requirements on businesses, including multi-family property
owners with five or more dwelling units, 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.
D. AB 1826 of 2014 requires businesses, including multi-family property owners with
five or more dwelling units, that generate a specified threshold amount of solid waste, recycling,
and organic waste per week to arrange for recycling services for that waste, and requires the City
to implement a mandatory commercial organics recycling program for designated businesses and
multi-family property owners.
E. AB 827 of 2019, with respect to certain businesses that offer products for
immediate consumption, imposes requirements for on-site recycling and organic waste
containers, including that these containers be placed adjacent to trash containers, be visible,
easily accessible, and clearly marked. AB 827 further provides that certain businesses that
arrange for gardening or landscaping services shall require the contract or work agreement
between the business and the gardening or landscaping service require that the organic waste
generated by those services be managed in compliance with Chapter 12.8 of Part 3 of Division
30 of the California Public Resources Code.
F. Senate Bill ("SB") 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of
2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. These regulations, adopted in 2020 ("SB 1383 Regulations"), place requirements on
multiple entities including the City; single-family residential households; commercial businesses,
including multi-family property owners with five or more dwelling units; commercial edible food
Ordinance No. 989— Page 1 of 24
generators; haulers, including self-haulers; food recovery organizations; and food recovery
services to support achievement of statewide organic waste disposal reduction targets.
G. The SB 1383 Regulations require the City to adopt and enforce an ordinance or
other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.
H. This Ordinance implements the requirements of the SB 1383 Regulations.
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA
ORDAINS AS FOLLOWS:
SECTION 2. ORDINANCE.
Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to add
Chapter 8.15 (Mandatory Organic Waste Disposal Reduction) to read as follows:
"8.15— Mandatory Organic Waste Disposal Reduction
8.15.010 Definitions
For the purposes of this chapter, the following words, terms, phrases, and their derivations have
the meanings given herein. Terms not defined in this section and defined elsewhere in this Code
shall have the same meanings herein unless the context otherwise requires. When consistent
with the context, words used in the present tense include the future tense, and words in the
singular number include the plural number. In the event of a conflict between a definition in this
Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for
the purposes of this chapter. Additionally, for the purposes of this chapter, the definitions in 14
CCR Section 18982 shall control for terms used in this chapter and not defined in this Code.
Unless otherwise specified herein, references to a statute or regulation means the statute or
regulation, as amended, supplemented, superseded, and replaced from time to time.
"Back-Haul" means generating and transporting Organic Waste to a destination owned and
operated by the Generator using the Generator's own employees and equipment; or, as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
"Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5)and shall be used only
for the purpose of storage and collection of Source Separated Recyclable Materials.
Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are
used for the storage and collection of Source Separated Recyclable Materials and that do not
comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be Blue
Containers and are not required to be replaced until the end of the useful life of those containers
or January 1, 2036, whichever is earlier.
"Black Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used
only for the purpose of storage and collection of Black Container Waste. Notwithstanding the
foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage
and collection of Black Container Waste and that do not comply with the color requirements of 14
CCR Section 18982(a)(28) shall be deemed to be Black Containers and are not required to be
replaced until the end of the useful life of those containers or January 1, 2036,whichever is earlier.
"Black Container Waste" means Solid Waste that is collected in a Black Container that is part of
the City's three-container Organic Waste collection service that prohibits the placement of Organic
Ordinance No. 989— Page 2 of 24
Waste in the 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). Notwithstanding the preceding sentence, Black
Container Waste includes carpets and textiles.
"Brown Container" has the same meaning as in 14 CCR Section 18982(a)(5.5)and shall be used
only for the purpose of storage and collection of Source Separated Food Waste. Notwithstanding
the foregoing, functional containers purchased prior to January 1, 2022 that are used for the
storage and collection of Source Separated Food Waste and that do not comply with the color
requirements of 14 CCR Section 18982(a)(5.5) shall be deemed to be Brown Containers and are
not required to be replaced until the end of the useful life of those containers or January 1, 2036,
whichever is earlier.
"CalRecycle" means the California Department of Resources Recycling and Recovery, which is
the Department designated with responsibility for developing, implementing, and enforcing SB
1383 Regulations on the City (and others).
"California Code of Regulations" or "CCR" means the State of California Code of Regulations.
CCR references in this chapter are preceded with a number that refers to the relevant title of the
CCR (e.g., 14 CCR" refers to Title 14 of the CCR).
"City" means the City of Rancho Cucamonga.
"City Manager" means the City Manager of the City or his/her designee.
"Collection Agreement" means an agreement approved by the city council pursuant to section
8.17.040 of this Code, authorizing a solid waste enterprise to provide solid waste and recyclables
collection services within all or any part of the territory of the city.
"Commercial Business" or "Commercial' means a firm, partnership, proprietorship, joint-stock
company, corporation, or association, whether for-profit or nonprofit, strip mail, industrial facility,
or a Multi-Family 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) dwelling 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 herein. 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).
"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 in 14 CCR Section
18982(a)(8).
"Compost" means the product resulting from the controlled biological decomposition of organic
Solid Wastes that are Source Separated from the municipal solid waste stream, as specified in
14 CCR Section 17896.2(a)(4).
Ordinance No. 989— Page 3 of 24
"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).
"County" means the County of San Bernardino.
"C&D" means discarded or used materials removed from construction, remodeling, repair,
demolition, or renovation operations on any pavement, house, commercial building, or other
structure, or from landscaping; or, as otherwise defined in Section 8.19.020 of this code.
"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; or, as
otherwise defined in 14 CCR Section 18982(a)(15). 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 State Retail Food Code.
"Enforcement Action" means an action of the City to address non-compliance with this chapter
including, but not limited to, issuing administrative citations, fines, penalties, or using other
remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19).
"Enforcement Official" means the City Manager or the City's authorized Designee(s) who is/are
partially or wholly responsible for enforcing this chapter.
"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 the City's Enforcement Official's or its Designee's,
reasonable opinion would present a significant risk to human health or the environment, cause a
nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not
including de minimis volumes or concentrations of waste of a type and amount normally found in
Single-Family or Multi-Family Solid Waste after implementation of programs for the safe
collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with
Sections 41500 and 41802 of the State 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 State 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).
Ordinance No. 989— Page 4 of 24
"Food Recovery Organization," unless otherwise defined in 14 CCR Section 18982(a)(25), means
an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food
Generators and distributes that Edible Food to the public for Food Recovery either directly or
through other entities, including, but not limited to:
1. A food bank as defined in Section 113783 of the State Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the State
Health and Safety code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the
State 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).
"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 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, grease, and liquids, including, but not limited to broth and beverages, when such materials
are Source Separated from other Food Scraps.
"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).
"Food-Soiled Paper" means 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.
"Food Waste" means Food Scraps but does not include Food Soiled Paper or Compostable
Plastics unless otherwise specified by the City.
"Generator" means a person or entity that is responsible for the initial creation of Solid Waste,
and with respect to Organic Waste, 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).
"Green Container' has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used
only for the purpose of storage and collection of Source Separated Green Container Organic
Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022
that are used for the storage and collection of Source Separated Green Container Organic Waste
and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be
deemed to be Green Containers and are not required to be replaced until the end of the useful
life of those containers or January 1, 2036, whichever is earlier.
Ordinance No. 989— Page 5 of 24
"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).
"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).
"Inspection" means a site visit where the City or its Designee 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).
"Landscape Waste" means tree and shrubbery trimmings, vegetation from land clearing, grass
cuttings, leaves, garden organic materials, sawdust, straw, wood chips, and other discarded plant
or vegetation material.
"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; or, as otherwise defined in 14 CCR Section
18982(a)(38).
"Large Venue," unless otherwise defined in 14 CCR Section 18982(a)(39), 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.
"Local Education Agency" means a school district, charter school, or county office of education
that is not subject to the control of the City's regulations related to Solid Waste; or, as otherwise
defined in 14 CCR Section 18982(a)(40).
"Multi-Family Residential Dwelling(s)"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.
Ordinance No. 989— Page 6 of 24
"MWELO" refers to the Model Water Efficient Landscape Ordinance, 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; or, as otherwise defined in 14 CCR Section
18982(a)(41).
"Non-Local Entity" means the following entities that are not subject to the City's enforcement
authority; or, as otherwise defined in 14 CCR Section 18982(a)(42):
1. Special district(s) located within the jurisdictional boundaries of the City;
2. Federal facilities, including military installations, located within the jurisdictional
boundaries of the City;
3. Prison(s) located within the jurisdictional boundaries of the City;
4. Facilities operated by the State park system located within the jurisdictional
boundaries of the City;
5. Public universities (including community colleges) located within the jurisdictional
boundaries of the City;
6. County fairgrounds located within the jurisdictional boundaries of the City; and
7. State agencies located within the jurisdictional boundaries of the City.
"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" or "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.
"Organic Waste" means Solid Waste 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).
"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).
"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).
Ordinance No. 989— Page 7 of 24
"Prohibited Container Contaminants," unless otherwise defined in 14 CCR Section 18982(a)(55),
means the following:
1. Discarded materials placed in the Blue Container that are not identified by the City
as acceptable Source Separated Recyclable Materials for the Blue Container;
2. Discarded materials placed in the Brown Container that are not identified as
acceptable Food Waste for the City's Brown Container;
3. Discarded materials placed in the Green Container that are not identified by the
City as acceptable Source Separated Green Container Organic Waste for the
Green Container, including carpet, hazardous wood waste and Non-Compostable
Paper;
4. Discarded materials placed in the Black Container that are identified by the City as
acceptable Source Separated Recyclable Materials to be placed in the Blue
Container or Source Separated Green Container Organic Waste to be placed in
the City's Green Container; and,
5. Excluded Waste placed in any container.
"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 Papers that consist of
at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR
Section 18982(a)(61).
"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).
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor of the State on September
19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652)to Part 3 of Division 30
of the State Public Resources Code, establishing methane emissions reduction targets in a
Statewide effort to reduce emissions of short-lived climate pollutants.
"SB 1383 Regulations" means 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 14 CCR and 27 CCR.
"Self-Hauler"means a person or entity,who, in compliance with all applicable requirements of this
Code, hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to
another person or entity; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler
also includes a person or entity who Back-Hauls waste.
"Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5)
units.
Ordinance No. 989— Page 8 of 24
"Solid Waste" unless otherwise defined in State Public Resources Code Section 40191, means
all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or
chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid
and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that
Solid Waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section 40141;
2. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the State Health
and Safety Code); and,
3. Medical waste regulated pursuant to the Medical Waste Management Act(Part 14
(commencing with Section 117600) of Division 104 of the State Health and Safety
Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill,
as defined in State Public Resources Code Section 40195.1. Medical waste that
has been treated and deemed to be Solid Waste shall be regulated pursuant to
Division 30 of the State Public Resources Code.
"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, at the point of generation, 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 Black Container Waste or other Solid Waste for the purposes of collection and
processing of those materials.
"Source Separated Blue Container Organic Waste" means Source Separated Organic Waste that
can be placed in a Blue Container that is limited to the collection of that Organic Waste and Non-
Organic Recyclables. Source Separated Blue Container Organic Waste includes Paper Products,
Printing and Writing Papers, unless otherwise specified by the City, but excludes Source
Separated Green Container Organic Waste and Food Waste.
"Source Separated Green Container Organic Waste" means Source Separated Organic Waste
that can be placed in a Green Container that is limited to the collection of that Organic Waste; or
as otherwise specified in 14 CCR 18984.1 (a) and (b), excluding Source Separated Blue
Container Organic Waste, carpets, Non-Compostable Paper, and textiles. For purposes of Single-
Family Generators, Source Separated Green Container Organic Waste includes Food Waste. For
purposes of Commercial Businesses, including Multi-Family Residential Dwellings, Source
Separated Green Container Organic Waste excludes Food Waste.
"Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables
and Source Separated Blue Container Organic Waste.
Ordinance No. 989— Page 9 of 24
"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; or, as otherwise defined in 14 CCR Section 18982(a)(73):
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; or,
5. Wholesale Food Vendor.
"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that
is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
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; or
7. A Local Education Agency facility with an on-site Food Facility.
"Uncontainerized Service" means the seasonal collection of Landscape Waste that is bundled for
collection on the street in front of a Generator's house for collection and transport by a permitted
hauler to a facility that recovers Source Separated Organic Waste; or, as otherwise defined in 14
CCR Section 189852(a)(75).
"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).
8.15.020. Organic Waste Generators, haulers and other entities that are subject to the
requirements of SB 1383 and the SB 1383 Regulations and the City's authority shall fully comply
with all applicable requirements of SB 1383, the SB 1383 Regulations, this chapter, and the
Ordinance No. 989— Page 10 of 24
provisions of any Collection Agreement between the City and a franchised hauler in effect. In the
event of a conflict between the provisions of this chapter and other provisions of this Code, the
provisions of this chapter shall control. In the event of a conflict between the provisions of the SB
1383 Regulations and the provisions of this chapter, the SB 1383 Regulations shall control.
8.15.030 Requirements for Single-Family Organic Waste Generators
Single-Family Organic Waste Generators shall comply with the following requirements, except
Single-Family Generators that meet the Self-Hauler requirements of this Code, including Section
8.17.050 and Section 8.15.090:
A. Subscribe to the City's three-container Organic Waste collection service(s)for all Organic
Waste generated as described in subsection B. of this section. The City shall have the
right to review the number and size of a Generator's containers to evaluate adequacy of
capacity provided for each type of collection service for proper separation of materials and
containment of materials; and Single-Family Generators shall adjust their service level for
their collection services as requested by the City. Nothing in this section prohibits
Generators from additionally managing their Organic Waste by preventing or reducing
their Organic Waste, managing Organic Waste on site, using the City's Uncontainerized
Service, and/or using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
B. Participate in the City's Organic Waste collection service(s) by placing designated
materials in designated containers as described in this subsection, and not placing
Prohibited Container Contaminants in collection containers. Generators shall place
Source Separated Green Container Organic Waste, including Food Waste, in the Green
Container; Source Separated Recyclable Materials (which includes Source Separated
Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue
Container; and Black Container Waste in the Black Container. Generators shall not place
materials designated for the Black Container into the Green Container or Blue Container.
8.15.040 Requirements for Commercial Organic Waste Generators and Commercial
Businesses
Commercial Organic Waste Generators and Commercial Businesses shall comply with the
following requirements:
A. Except for Commercial Organic Waste Generators that meet the Self-Hauler requirements
of Section 8.17.050 and Section 8.15.090, Commercial Organic Waste Generators,
including Multi-Family Residential Dwellings, shall subscribe to the City's four-container
Organic Waste collection service(s) and comply with requirements of those service(s) as
described below in subsection B. of this section. The City shall have the right to review
the number and size of a Generator's containers and frequency of collection to evaluate
adequacy of capacity provided for each type of collection service for proper separation of
materials and containment of materials; and Commercial Businesses shall adjust their
service level for their collection services as requested by the City. Nothing in this section
prohibits Generators from additionally managing their Organic Waste by preventing or
reducing their Organic Waste, managing Organic Waste on site, and/or using a
Community Composting site pursuant to 14 CCR Section 18984.9(c).
Ordinance No. 989— Page 11 of 24
B. Except for Commercial Organic Waste Generators that meet the Self-Hauler requirements
of this Code, Commercial Organic Waste Generators, including Multi-Family Residential
Dwellings, shall participate in the City's Organic Waste collection service(s) by placing
designated materials in designated containers as described in this subsection, and not
placing Prohibited Container Contaminants in containers. Generators shall place Food
Waste in Brown Container; Source Separated Green Container Organic Waste, which
excludes Food Waste, in the Green Container; Source Separated Recyclable Materials
(which includes Source Separated Non-Organic Recyclables and Source Separated Blue
Container Waste) in the Blue Container; and Black Container Waste in the Black
Container. Generators shall not place materials designated for the Black Container into
the Brown Container, Green Container, or Blue Container.
C. Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings,
shall provide containers for the collection of Organic Waste and Non-Organic Recyclables
in all indoor and outdoor areas where disposal containers are provided for customers.
Such containers shall be visible and easily accessible. 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 Organic
Waste collection service provided by the City. 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 this 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; or as
otherwise provided in 14 CCR Section 18984.8.
D. Commercial Organic Waste Generators, including Multi-Family Residential Dwellings,
shall supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors (conforming to subsections C.1 and C.2 above)
for employees, contractors, tenants, and customers, consistent with the City's collection
service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR.
E. Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings,
shall prohibit employees from placing materials in a container not designated for those
materials per the City's Blue Container, Brown Container, Green Container, and Black
Container collection service.
F. Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings,
shall periodically inspect Blue Containers, Brown Containers, Green Containers, and
Black Containers for contamination and inform employees if containers are contaminated
Ordinance No. 989— Page 12 of 24
and of the requirements to keep contaminants out of those containers pursuant to 14 CCR
Section 18984.9(b)(3).
G. Commercial Businesses, including Multi-Family Residential Dwellings, shall annually
provide information to employees, contractors, tenants, and customers about Organic
Waste Recovery requirements and about proper sorting of Food Waste, Source Separated
Green Container Organic Waste and Source Separated Recyclable Materials.
H. Commercial Businesses, including Multi-Family Residential Dwellings, shall provide
information as described in subsection G. in this Section before or within fourteen (14)
days of occupation of the premises to new tenants.
i. Commercial Businesses, including Multi-Family Residential Dwellings, shall provide or
arrange access for the City or its agent to their properties during all Inspections conducted
in accordance with Section 8.15.130 to confirm compliance with the requirements of this
Section.
J. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements of this
Code, including Section 8.17.050, and Section 8.15.090.
K. Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, if
generating two (2) cubic yards or more of total Solid Waste per week (or other threshold
defined by the State), shall require that any contract or work agreement between the
owner, occupant, or operator of the Commercial Business and a gardening, landscaping,
or tree trimming service specify that the Organic Waste generated by those services be
managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources
Code.
L. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements, pursuant to Section 8.15.060.
M. Nothing in this Section shall be construed as classifying customers as commercial,
residential, single family dwellings, or multi-family dwellings, for purposes of implementing
a Collection Agreement between the City and a franchised hauler.
8.15.050. Waivers for Generators
The City, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise
authorized by CalRecycle, may grant one or more of the following types of waivers to a Generator
of Organic Waste:
A. De Minimis Waivers. The City may waive a Commercial Business' (including Multi-Family
Residential Dwellings) obligations to comply with some or all of the Organic Waste
requirements of this chapter if the Commercial Business provides documentation, or the
City has evidence demonstrating, that the Commercial Business generates below a
certain amount of Organic Waste material as described below in subsection A.2.
Commercial Businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver
from and provide documentation as noted in subsection A.2. below.
Ordinance No. 989— Page 13 of 24
2. Provide 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, Brown 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, Brown Container or Green Container comprises less than 10
gallons per week per applicable container of the business' total waste.
3. Notify the City if circumstances change such that the Commercial Business'
Organic Waste exceeds the threshold required for waiver, in which case the waiver
will be rescinded. In addition, if the City determines at any time that a Commercial
Business that has received a waiver is exceeding the Organic Waste thresholds
set forth in subsection A.2. above, the City shall rescind the waiver.
4. Provide written verification of eligibility for a de minimis waiver every 5 years, if the
City has approved a de minimis waiver.
B. Physical Space Waivers. The City may waive a Commercial Business' (including Multi-
Family Residential Dwellings) or property owner's obligations to comply with some or all
of the Organic Waste collection service requirements of this chapter 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 chapter.
Commercial Businesses or property owners requesting a physical space waiver shall:
1. Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver and provide documentation as noted
below.
2. Provide documentation that the premises lack adequate space for Blue
Containers, Brown, and/or Green Containers including documentation from its
hauler, licensed architect, or licensed engineer.
3. Notify the City if circumstances change such that Commercial Business has
adequate space for the collection containers required for compliance with the
Organic Waste collection requirements of Section 8.15.040, in which case the
waiver will be rescinded. In addition, if the City determines at any time that a
Commercial Business that has adequate space for the collection containers
Ordinance No. 989— Page 14 of 24
required for compliance with the Organic Waste collection requirements of Section
8.15.040, the City shall rescind the waiver.
4. Provide written verification to the City that it is still eligible for a physical space
waiver every five years, if the City has approved an application for a physical space
waiver.
D. The Enforcement Official will be responsible for review and approval of waivers.
8.15.060. Requirements for Commercial Edible Food Generators
A. Tier One Commercial Edible Food Generators must comply with the requirements of this
Section, and Tier Two Commercial Edible Food Generators must comply with the
requirements of this Section 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:
a. The collection of Edible Food for Food Recovery; or,
b. 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 kept 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 Food Recovery 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).
Ordinance No. 989— Page 15 of 24
C. A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
1. The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food
Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.
D. If the Enforcement Official makes a request, then within 30 days of the request, Tier One
Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators
shall provide a Food Recovery report to the City that includes the following information:
1. A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
2. The quantity of food, measured in annual pounds recovered, collected or
self-hauled to a Food Recovery Service or Food Recovery Organization for
Food Recovery.
3. The name, address and contact information of the Food Recovery Service
or Food Recovery Organization.
4. Any additional information required by the City or the City's Designee.
E. Nothing in this chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan
Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017
(approved by the Governor of the State 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
State Education Code, and amended Section 114079 of the State Health and Safety
Code, relating to food safety, as amended, supplemented, superseded and replaced from
time to time.)
8.15.070. 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.
Ordinance No. 989— Page 16 of 24
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. If the Enforcement Official makes a request, then within 30 days of the request, 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).
D. Food Recovery Organizations and Food Recovery Services shall inform Generators about
State 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).
E. Food Recovery Capacity Planning--Food Recovery Services and Food Recovery
Organizations.
In order to support the City's cooperation with the County of San Bernardino in its conduct
of Edible Food Recovery capacity planning assessments or other studies, 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.
Ordinance No. 989— Page 17 of 24
8.15.080. Requirements for Haulers, Facility Operators and Community Composting
Operations
A. Requirements for Haulers. Haulers providing residential, Commercial, or industrial
Organic Waste collection services to Generators within the City's boundaries shall meet
the requirements and standards of 14 CCR, Division 7, Chapter 12 and the following
requirements as conditions of approval of contract, agreement, or other authorization to
collect Organic Waste:
1. Through written notice to the City, identify the facilities to which they will transport
Organic Waste.
2. Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article
3.
3. Transport Organic Waste to a facility, operation, activity, or property that recovers
Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
4. Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and
keep a record of the documentation of its approval by the City.
B. Subsection A. of this section is not applicable to a hauler that, consistent with Article 1,
Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public
Resources Code, is transporting Source Separated Organic Waste to a Community
Composting site or to a hauler that is lawfully transporting C&D in a manner that complies
with 14 CCR Section 18989.1, chapter 8.19 of this code and other applicable requirements
of this Code.
C. 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, unless a shorter timeframe is otherwise specified by the
City.
2. Community Composting operators, upon the City's request, shall provide
information to the City to support Organic Waste capacity planning, including, but
not limited to, an estimate of the amount of Organic Waste anticipated to be
handled at the Community Composting operation. Entities contacted by the City
shall respond within 60 days, unless a shorter timeframe is otherwise specified by
the City.
8.15.090. Self-Hauler Requirements
Notwithstanding any inconsistent provisions of this code and in addition to any other requirements
for Self-Haulers as contained in this Code, including the requirements in Section 8.17.050 of this
Ordinance No. 989— Page 18 of 24
Code, not inconsistent with the requirements of this Article, the following requirements shall apply
to Self-Haulers:
A. Self-Haulers of Organic Waste shall comply with the requirements in 14 CCR Section
18988.3.
B. Self-Haulers shall Source Separate all recyclable materials and Organic Waste (materials
that the City otherwise requires Organic Waste Generators to separate for collection in the
City's organics and recycling collection program) generated on-site from Solid Waste in a
manner consistent with 14 CCR Section 18984.1, or shall haul Organic Waste to a High
Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3 that
is approved by the City.
C. Not less than every seven (7) days utilizing their own equipment and labor, Self-Haulers
shall haul their Source Separated Recyclable Materials to a facility that recovers those
materials and is approved by the City; and haul their Source Separated Organic Waste to
a Solid Waste facility, operation, activity, or property that processes or recovers Source
Separated Organic Waste and is approved by the City. Alternatively, Self-Haulers may
haul Organic Waste, not less than every seven (7)days utilizing their own equipment and
labor, to a High Diversion Organic Waste Processing Facility that is approved by the City.
D. In addition to any information required to be reported by Section 8.17.050, Self-Haulers
that are Commercial Businesses (including Multi-Family Residential Dwellings)shall keep
a record of the amount of Organic Waste delivered to each Solid Waste facility, operation,
activity, or property that processes or recovers Organic Waste that includes the
information in subsection D.1 -.3. This record shall be subject to Inspection by the City,
shall be provided to the City upon request and shall be included in the self-hauler report
required under Section 8.17.050.
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the Generator to each
entity.
3. If the material is transported to a Community Composting site that does not have
scales on-site, the Self-Hauler is not required to record the weight of material but
shall keep a record of the entity that received the Organic Waste.
E. A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required
to record or report information in subsection D. of this section.
F. Self-haulers shall obtain a self-haul permit pursuant to Section 8.17.050 from the City or
its Designee for self-hauling Organic Waste and recyclable materials and pay any
applicable fees prior to commencing self-haul activities.
Ordinance No. 989— Page 19 of 24
8.15.100 Compliance with CALGreen Recycling Requirements
A. In addition to the Construction and Demolition Diversion requirements in 8.19 and any
other requirements of this code, the following requirements also apply:
1. For projects covered by the California Green Building Standards Code, 24 CCR,
Part 11, the applicants must, as a condition of the City's permit approval, comply
with the following:
a. Where five (5) or more Multi-Family dwelling units are constructed on a
building site, provide readily accessible areas that serve occupants of all
buildings on the site and are identified for the storage and collection of Blue
Container, Brown Container and Green Container materials, consistent
with the collection program offered by the City, or comply with provision of
adequate space for recycling for Multi-Family and Commercial premises
pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the
California Green Building Standards Code, 24 CCR, Part 11 as amended
July 1, 2019 and effective January 1, 2020.
b. Where new commercial construction or additions of more than 30% of the
existing floor area occur, provide readily accessible areas identified for the
storage and collection of Blue Container, Brown Container and Green
Container materials, consistent with the collection program offered by the
City, or shall comply with provision of adequate space for recycling for
Multi-Family and Commercial premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards
Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1,
2020.
B. For Organic Waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1
and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied
with.
8.15.110. Model Water Efficient Landscaping Ordinance Requirements
In addition to any other requirements of this code, 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 amended September 15, 2015.
8.15.120. Procurement Requirements for Direct Service Providers and Vendors
Direct service providers to the City and all vendors providing Paper Products and Printing and
Writing Papers shall comply with the City's policy regarding recovered Organic Waste product
procurement, including Recycled-Content Paper procurement.
Ordinance No. 989— Page 20 of 24
8.15.130. Inspections and Investigations by the City
A. City representatives and/or its designated entity, including Designees, are authorized to
conduct Inspections and investigations, at random or otherwise, of any collection
container, collection vehicle loads, or transfer, processing, or disposal facility for materials
collected from Generators, or Source Separated materials to confirm compliance with this
chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family
Residential Dwellings), property owners, Commercial Edible Food Generators, haulers,
Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to
applicable laws. This Section does not allow the City, its Designees or agents 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.
B. A regulated entity shall provide or arrange for access during all Inspections (with the
exception of residential property interiors)and shall cooperate with the City representative
and/or its designated entity, including Designee, during such Inspections and
investigations. Such Inspections and investigations may include confirmation of proper
placement of materials in containers, Edible Food Recovery activities, records, or any
other requirement of this chapter described herein. Failure to provide or arrange for: (1)
access to an entity's premises; or(2) access to records for any Inspection or investigation
is a violation of this chapter and may result in penalties described herein.
C. Any records obtained by the City during its Inspections, and other investigations or reviews
shall be subject to the requirements and applicable disclosure exemptions of the Public
Records Act as set forth in State Government Code Section 6250 et seq.
D. The City's representatives, its Designees and agents are authorized to conduct any
Inspections, or other investigations as reasonably necessary to further the goals of this
chapter, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints in accordance with by 14 CCR Section 18995.3.
8.15.140. Enforcement
A. Violation of any provision of this chapter that occurs on or after January 1, 2024 shall
constitute grounds for issuance of a Notice of Violation and assessment of a fine by the
Enforcement Official in accordance with 14 CCR Section 18995.4. Enforcement Actions
under this chapter are issuance of an administrative citation and assessment of a fine.
The City's procedures on imposition of administrative fines set forth in Chapter 1.12 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 chapter and any rule or regulation adopted pursuant to this chapter,
except as otherwise indicated in this chapter. Other remedies allowed by law may be
used, including civil action or prosecution as a misdemeanor or infraction. The City may
pursue civil actions in the State courts to seek recovery of unpaid administrative citations.
The City may choose to delay court action until such time as a sufficiently large number
Ordinance No. 989— Page 21 of 24
of violations, or cumulative size of violations exist such that court action is a reasonable
use of City staff and resources.
B. The provisions of subsection A. do not apply to violations related to a Generator placing
Prohibited Container Contaminants in containers, which the Enforcement Official and/or
the City's Designee shall enforce through the notice provisions of 14 CCR Section
18984.5(b), Section 8.17.150 of this code and the contamination processing fees pursuant
to the provisions of the applicable Collection Agreement between the City and a franchised
hauler.
C. Enforcement pursuant to this chapter may be undertaken by the Enforcement Official.
D. With the exception of violations of Generator contamination of container contents
addressed under subsection B., the Enforcement Official shall issue a Notice of Violation
requiring compliance within 60 days of issuance of the notice. Absent compliance by the
respondent within the deadline set forth in the Notice of Violation, Enforcement Official
shall commence an action to impose penalties consistent with the procedures and
requirements of Chapter 1.12.
E. Penalty Amounts for Types of Violations. For the purposes of this chapter, the penalty
levels for violations of the provisions of this chapter are as follows:
(1) For a first violation, the penalty shall be $100 per violation.
(2) For a second violation, the penalty shall be $200 per violation.
(3) For a third or subsequent violation, the 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 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."
SECTION 2. CEQA. The City Council finds that this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3)
and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste
regulations, as provided for in this Ordinance will not have a significant effect on the environment
and that the new requirements, which strengthen requirements for the handling of solid waste,
represent actions by a regulatory agency(the City)for the protection of the environment.
Ordinance No. 989— Page 22 of 24
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall 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 section, 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 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30)
days after its passage.
SECTION 5. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and
shall post or publish this Ordinance as required by law.
Ordinance No. 989— Page 23 of 24
PASSED, APPROVED, AND ADOPTED this 1st day of December, 2021.
e M cha�#, Mayp
ATTEST:
411
nice C. Reynolds, erk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of
the City Council of the City of Rancho Cucamonga held on the 17th day of November 2021, and
was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on
the 1 st day of December 2021.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 2"d day of December 2021, at Rancho Cucamonga, California.
Ja a C. Reynolds, Clerk
Ordinance No. 989— Page 24 of 24