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A. Purpose and Findings.

1. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (Cal. Pub. Res. Code § 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdiction to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

2. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Cal. Pub. Res. Code §§ 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001, and added Cal. Pub. Res. Code §§ 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30, and added and repealed Cal. Pub. Res. Code § 41780.02, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to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.

3. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and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.

4. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of Statewide organic waste disposal reduction targets.

5. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This chapter seeks to reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, which would otherwise be disposed, be recovered for human consumption.

6. Requirements in this chapter are consistent with other adopted goals and policies of the jurisdiction including: City of Sebastopol General Plan goals and objectives that implement greenhouse gas reduction, encourage recycling and reduction of solid waste, and Resolution 6274-2019 declaring a climate emergency.

B. Zero Waste Food Ware Ordinance. The Zero Waste Food Ware Ordinance is in effect beginning August 1, 2022 (refer to Chapter 8.36 SMC).

C. Requirements for Single-Family Generators. Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in subsection I of this section:

1. Subscribe to the City’s organic waste collection services for all organic waste generated as described below in subsection (C)(2) of this section. The City or its designee 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. Generators may additionally manage 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 § 18984.9(c).

2. Participate in the City’s organic waste collection service(s) by placing designated materials in designated containers as described in subsection (C)(3) of this section and shall not place prohibited container contaminants in collection containers.

3. Place source separated green container organic waste, including food scraps and food-soiled paper, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

D. Requirements for Commercial Businesses. Generators that are commercial businesses, including multifamily residential dwellings, shall:

1. Subscribe to the City’s three-container collection services and comply with requirements of those services as described below in subsection (D)(2) of this section, except commercial businesses that meet the self-hauler requirements in subsection I of this section. The City or its designee 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.

2. Except commercial businesses that meet the self-hauler requirements in subsection I of this section, participate in the City’s organic waste collection service(s) by placing designated materials in designated containers as described in subsection (C)(3) of this section.

3. Place source separated green container organic waste, including food scraps and food-soiled paper, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.

4. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with subsection I of this section.

5. Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and separated recyclable blue container 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.

6. 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 § 18984.9(b), for the containers provided by the business shall have either:

a. A body or lid that conforms with the City’s blue container, green container, and gray container collection service.

b. Container labels that include language or graphic images indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text and graphic images that indicate the primary materials accepted and primary materials prohibited in the container.

7. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (D)(4) of this section pursuant to 14 CCR § 18984.9(b).

8. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily 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 or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with subsection I of this section.

9. Excluding multifamily residential dwellings, commercial generators shall routinely inspect blue containers, green containers, and gray containers for contamination and inform employees as soon as practicable if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).

10. Annually provide written information or annual training 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.

11. Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

12. Provide or arrange access for the City or its designee to their properties during all inspections conducted in accordance with subsection K of this section to confirm compliance with the requirements of this chapter.

13. If a commercial business wants to self-haul, meet the self-hauler requirements in subsection I of this section.

14. 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 § 18984.9(c).

15. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to subsection G of this section.

E. Waivers for Generators. The City Manager or person authorized by Zero Waste Sonoma may grant waivers to commercial businesses for physical space limitations and/or de minimis volumes as described in subsections (E)(1) and (E)(2) of this section. Commercial businesses seeking a waiver shall submit their request in a form specified by the City Manager. After reviewing the waiver request, and after an on-site review, if applicable, the City Manager may either approve or deny the following waiver requests. Anyone granted a waiver shall provide written verification of eligibility for a waiver at least every five years and shall notify the City if circumstances change such that they are no longer eligible for such waiver, in which case waiver will be rescinded.

1. De Minimis Waivers. The City may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material. Commercial businesses requesting a de minimis waiver shall:

a. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (E)(1)(b) of this section.

b. Provide documentation that either:

i. The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’s total waste; or

ii. The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business’s total waste.

c. Notify the City within 30 days if circumstances change such that commercial business’s organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.

d. Provide written verification of eligibility for de minimis waiver every five years, if the City has approved a de minimis waiver.

2. Physical Space Waivers. The City may waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of subsection D of this section. A commercial business or property owner may request a physical space waiver through the following process:

a. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

b. Provide written and photographic documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer; and

c. Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved an application for a physical space waiver.

d. Zero Waste Sonoma, in cooperation with the City’s franchised hauler and the City, will review and approve waivers.

F. Requirements for Commercial Edible Food Generators.

1. Tier one commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3.

2. 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.

3. Commercial edible food generators shall comply with the following requirements:

a. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

b. 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.

c. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

d. Allow the City or its designee to access the premises and review records pursuant to 14 CCR § 18991.4.

e. Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:

i. 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 § 18991.3(b).

ii. A copy of all contracts or written agreements established under 14 CCR § 18991.3(b).

iii. A record of the following information for each of those food recovery services or food recovery organizations:

(A) The name, address, and contact information of the food recovery service or food recovery organization.

(B) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

(C) The established frequency that food will be collected or self-hauled.

(D) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

G. Requirements for Food Recovery Organizations and Services.

1. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

a. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

b. The quantity in pounds of edible food collected from each commercial edible food generator per month.

c. The quantity in pounds of edible food transported to each food recovery organization per month.

d. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

2. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

a. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

b. The quantity in pounds of edible food received from each commercial edible food generator per month.

c. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

3. 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 § 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 § 18991.3(b).

4. Food Recovery Capacity Planning.

a. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the Zero Waste Sonoma, City, or its designee, 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 time frame is otherwise specified by the City.

H. Requirements for Haulers and Facility Operators. Exclusive franchised hauler(s) providing residential, commercial, or industrial organic waste collection services to generators within the City’s boundaries are provided for by separate contract as referenced in SMC 13.16.120.

I. Self-Hauler Requirements.

1. Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2.

2. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

3. Self-haulers that are commercial businesses, including multifamily residential dwellings, shall comply with the water-efficient landscaping standards as required by Chapter 15.36 SMC.

4. Self-haulers that are commercial businesses, including multifamily 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; this record shall be subject to inspection by the City. The records shall include the following information:

a. Delivery receipts and weight tickets from the entity accepting the waste.

b. The amount of material in cubic yards or tons transported by the generator to each entity.

c. If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

J. Procurement Requirements for City Departments, Direct Service Providers, and Vendors. All City divisions and departments, direct service providers, and vendors to the City, as applicable, shall comply with the City’s adopted environmentally preferable purchasing (EPP) policy, which includes a recovered organic waste product procurement provision and a recycled-content paper procurement provision.

K. Inspections and Investigations.

1. City representatives and/or its designee 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 multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection.

2. All regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, condition of containers and labels, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for access to an entity’s premises, or access to records for any inspection or investigation, is a violation of this chapter and may result in penalties.

3. Any records obtained by the City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal. Gov’t. Code § 6250 et seq.

4. The City’s representatives and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

5. The City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.

L. Enforcement and Penalties.

1. The City Manager, as the City Enforcement Official, shall have primary responsibility for enforcement of this chapter. The City Manager is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this chapter. All such rules and regulations shall be consistent with the provisions of this chapter.

2. The City Manager and/or City Attorney may determine in their discretion to send a notice to cure to a retailer prior to invoking the enforcement provisions of this section if there have not been prior complaints against the retailer for violation of this chapter.

3. Anyone violating or failing to comply with any provision of this chapter shall be guilty of an infraction or misdemeanor as determined by the City Attorney under Chapter 1.04 SMC. The City Attorney may seek legal, injunctive, administrative or other equitable relief to enforce this chapter. The remedies and penalties provided in this section are cumulative and not exclusive and nothing in this section shall preclude the City from pursuing any other remedies provided by law. In addition to any relief available to the City, the City shall be entitled to recover reasonable attorneys’ fees and costs incurred in the enforcement of this chapter.

4. Penalties for violations of any provision of this chapter shall be as follows; provided, however, that no administrative citation may be issued or infraction charged for violation of a requirement of this chapter until one year after the effective date of the ordinance codified in this chapter:

a. A fine not exceeding $100.00 for the first violation;

b. A fine not exceeding $200.00 for a second violation of the same code provision within one year; and

c. A fine not exceeding $500.00 for each additional violation in excess of two of the same code provision within one year.

d. If continued willful violations occur the City reserves the right to suspend vendors’ use permit.

5. The remedies and penalties provided in this section are cumulative and not exclusive.

M. Administrative Appeal.

1. A person aggrieved by the imposition of an administrative penalty or imposition of response costs pursuant to this chapter may appeal the decision by filing with the City Clerk a statement addressed to the City Manager and setting forth the facts and circumstances regarding the appealed action. The City Clerk shall notify the applicant, in writing, of the time and place set for the hearing on the appeal.

2. The hearing on the appeal must be held within 30 business days of the City Clerk’s receipt of the appeal.

3. The City Manager or his designee shall serve as hearing officer and shall issue a decision regarding the appeal within 10 business days of the conclusion of the hearing. The hearing officer’s decision is final. (Ord. 1136 § 2, 2022)