HomeMy WebLinkAboutCC ORD 2021-2489 Commercial and Residential Recycling ProgramORDINANCE NO. 2021 - 2489
Chapter 9.52 - MANDATORY COMMERCIAL AND RESIDENTIAL RECYCLING\
PROGRAM
9.52.010 — Purpose.
The purpose of this chapter is to:
A. Establish requirements for collecting and recycling recyclable materials and collecting and
processing organic materials generated from commercial facilities, multi -family dwellings,
residential units, and special events. These requirements intend to accomplish the
following:
1. Reduce greenhouse gas emissions associated with mining and manufacturing
goods from virgin materials and associated with solid waste disposal in
landfills; and
2. Protect the natural environment and human health and enhance the economy
through increased recycling and organics processing activities.
B. Meet the state recycling law, Assembly Bill 341 passed in 2011, and state organics
recycling law, Assembly Bill 1826 passed in 2014, requirements for businesses and Multi -
Family property owners that generate a specified threshold amount of Solid Waste to
arrange for recycling services for that waste and requires the City to implement a
Mandatory Commercial Recycling program.
C. Meet the requirements of Senate Bill 1383, the Short-lived Climate Pollutant Reduction
Act of 2016 that requires CalRecycle to develop regulations to reduce organics in landfills
as a source of methane. The regulations place requirements on multiple entities, including
Cities, residential households, Commercial Businesses, and business owners, Commercial
Edible Food Generators, haulers, Self -Haulers, Food Recovery Organizations, and Food
Recovery Services to support the achievement of Statewide Organic Waste disposal
reduction targets.
D. Provide for enforcement for violating the requirements of this chapter;
E. Establish a schedule for this chapter's implementation and enforcement.
9.52.020 - Definitions.
Whenever in this chapter the following terms are used, they shall be deemed and construed
to have the meaning ascribed to such respective terms inthis section:
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"Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used
for the purpose of storage and collection of Source Separated Recyclable Materials.
"CalRecycle" means .California's Department of Resources Recycling and Recovery, which is
the department designated with responsibility for developing, implementing, and enforcing SB
1383 Regulations on Cities (and others).
"California Code of Regulations" or "CCR" means the State of California Code of Regulations.
CCR references in this ordinance are preceded by a number that refers to the relevant Title of
the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"Cardboard" means post -consumer waste paper grade corrugated cardboard (#11), haft
(brown) paper bags, or solid fiber boxes which have served their packaging purposes and are
discarded and can later be reclaimed for collection and recovery for recycling.
"City" means the City of National City, a municipal corporation of the State of California.
"City Council" means the Mayor and City Council of the City of National City.
"City Manager" means the City Manager of the City of National City or City Manager's
designee.
"Collection" means to take physical possession of solid waste materials or recyclables at
residential, commercial, industrial, or governmental sites and transport it to a facility for
processing, composting, transfer, disposal, or burning.
"Collection vehicle or equipment" means any vehicle or equipment used to collect residential,
commercial, industrial, or governmental solid waste or recyclables.
"Collector" means any person who holds a valid City franchise or contracts to collect and
subsequent transportation or disposal of solid waste. A collector operates routes or provides
regular service and is directly or indirectly reimbursed for collecting and disposing solid waste
from residential, commercial, or industrial premises in the City. A Collector may also be
referred to as a "franchisee." .
"Commercial Business" or "Commercial"' means a firm, partnership, proprietorship, joint-
stock company, corporation, or association, whether for -profit or nonprofit, strip mall,
industrial facility, or a multi -family residential dwelling, or as otherwise defined in 14 CCR
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Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5)
units is not a Commercial Business for purposes of implementing this ordinance.
"Commercial Edible Food Generator"..includes a Tier One or a Tier Two Commercial Edible
Food Generator as defined in Section 9.52.020 of this ordinance or as otherwise defined in 14
CCR Section 18982(a)(73) and (a)(74). For this definition, Food Recovery Organizations and
Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR
Section 18982(a)(7).
"Commercial recyclables" means recyclables from the two commercial subcategories of office
buildings (of more than 20,000 sq. ft.), as identified in Section 9.52.090.
"Commercial unit" has the same meaning as in Section 7.10.010 of the National City Municipal
Code.
"Community Composting" means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total
amount of feedstock and Compost on -site at any one time does not exceed 100 cubic yards and
750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14
CCR Section 18982(a)(8).
"Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM
D6400 standard for composability, or as otherwise described in 14 CCR Section
18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"Construction and demolition waste" means the non -hazardous waste building materials,
packaging and rubble resulting from construction, remodeling, repair, and demolition activities
on housing, commercial or governmental building, and any other structure and pavement.
"Curbside collection" means collecting recyclables from the residential waste stream from the
curb or alleyway.
"Designated recyclable materials" means materials that are recyclable and/or reusable within
the following categories of residential, commercial (office and hospitality), and industrial as
defined more specifically within each category as listed within this ordinance.
"Disposal" means solid waste management through landfill disposal or transformation at a
permitted solid waste facility: ;
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"Edible Food" means food intended 'for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For this ordinance 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 ordinance or 14 CCR, Division 7, Chapter 42 requires or authorizes the Recovery of
Edible Food that -does not meet the food safety regiiirements of"the California Retail Food
Code.
"Enforcement Action" means an act of the City to address non-compliance with this ordinance,
including, but not limited to, issuing administrative citations, fines, penalties, or using other
remedies.
"Enforcement Official" means the city manager or city manager's designee.
"Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated
waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic
substances or material that facility operator(s), which receive materials from the City and its
generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing,
or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including:
land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or
accepted at the facility by permit conditions, waste that in City's reasonable opinion would
present a significant risk to human health or the environment, cause a nuisance or otherwise
create or expose City to potential liability; but not including de minimis volumes or
concentrations of waste of a type and amount normally found in Single -Family or Multi -Family
Solid Waste after implementation of programs for the safe collection, processing, recycling,
treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of
the California Public Resources Code.
"Food Distributor" means a company that distributes food to entities including, but not limited
to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
"Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
"Food Recovery" means actions to collect and distribute food for human consumption that
otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food Recovery Organization" means an entity that engages in the collection or receipt of
Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the
public for Food Recovery either directly or through other entities or as otherwise defined in 14
CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and
Safety Code; and,
(3)
•
A nonprofit charitable temporary food;faeility as defined in Section 113842 of the
Health and Safety Code.
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A Food Recovery Organization is not a Commercial Edible Food Generator for this ordinance
and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section
18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from
this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
"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 this ordinance 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 exclude
fats, oils, and grease 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" is compostable paper material that has come in contact with food or
liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza
boxes, and milk cartons.
"Food Waste" means Food Scraps, Food -Soiled Paper, and Compostable Plastics.
"Franchise" means any person or private or public entity designated by the City Council as
responsible for administering the collection, processing, and/or disposal of solid waste or
designated recyclables.
"Franchisee" means any person or business concern who has been awarded an exclusive
franchise by the City to provide single-family residential and commercial business solid waste,
recyclables, yard waste, and other compostable collection services.
"Glass bottles and jars" means food and beverage glass containers, including container glass
covered by the deposit law, and excluding household and kitchen containers such as drinking
glasses, cups, and cooking and serving dishes.
"Gray Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be
used for the purpose of storage and collection of Gray Container Waste.
"Gray Container Waste" means Solid Waste that is collected:in;a Gray Container that is part
of a three -container Organic Waste collection service that prohibits the placement of Organic
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Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as
otherwise defined in 14 CCR Section 17402(a)(6.5).
"Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29).and shall be
used for the purpose of storage and collection of Source Separated Green Container Organic
Waste.
"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).
"Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste,
or extremely hazardous waste by the State of California in Health and Safety Code Sections
25110.02, 25115, and 25117 or in the future amendments to or modifications of such statutes
or identified and listed as hazardous waste by the U.S. Environmental Protection Agency,
pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et
seq.), all future amendments thereto, and all rules and regulations promulgated.
"Highway" means any street, road, alley, highway, or thoroughfare.
"Hospitality" means any establishment that offers dining services, food or beverage sales.
Includes taverns, bars, cafeterias, restaurants, motels, hotels, hospitals, schools, colleges, and
other establishments with dining services or a restaurant or bar on their premises.
"Hospitality recyclables" means aluminum, corrugated cardboard, glass jars and bottles,
plastic beverage bottles, tin and bimetal cans, and white goods generated by hospitality
facilities.
"Industrial recyclables" means recyclables from industry/construction waste streams, as
identified in Section 9.52.090.
"Industrial solid waste" means solid waste originating from mechanized manufacturing
facilities, factories, refineries, construction and demolition projects, publicly operated
treatment works, and/or solid wastes placed in commercial collection bins.
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"Industrial unit" includes each building and space primarily used for producing and making,
processing, or warehousing goods, wares, and merchandise, including construction and
demolition activity.
"Inert" means materials such as concrete, soil, asphalt, ceramics, earthen cooking waste,
automotive safety glass, and mirrors.
"Inspection" means a site visit where a City reviews records, containers, and an entity's
collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling
to determine if the entity is complying with requirements set forth in this ordinance, or as
otherwise defined in 14 CCR Section 18982(a)(35).
"Landfill" means a disposal system by which solid waste is deposited and compacted before
burial in a specially prepared area that provides environmental monitoring and treatment.
"Large Event" means an event, including, but not limited to, a sporting event or a flea market,
that charges an admission price or is operated by a local agency and serves an average of more
than 2,000 individuals per day of operation of the event, at a location that includes, but is not
limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system,
or other open space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall
apply to this ordinance.
"Large Venue" means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility.
"Litter" has the same meaning as in Section 7.41.010 of the National City Municipal Code.
"Local Education Agency" means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to Solid Waste,
or as otherwise defined in 14 CCR Section 18982(a)(40).
"Manure" means accumulated animal excrement. This includes, but is not limited to, feces
and/or urine, any animal bedding material, spilled feed, or soil that is mixed with feces and/or
urine.
"Medical waste" means any solid waste which is generated or has been used in the diagnosis,
treatment, or immunization of human beings or animals, or research pertaining thereto, and
shall include, but not be limited to, biohazardous and medical waste or other solid -waste as
defined in Chapter 12 of the County Code of Regulatory Ordinances or State and Federal law.
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"Metal" means recoverable aluminum, tin, and bi-metal materials such as used beverage
containers, siding, and other recyclable manufactured metal items.
"Multi -Family Residential- Dwelling" or "Multi -Family" means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi -Family premises do not include
hotels, motels, or other transient occupancy facilities considered Commercial Businesses.
"Newspaper" means materials printed on newsprint.
"Nuisance" means anything harmful to human health, or is indecent or offensive to the senses,
and interferes with the comfortable enjoyment of life or property and affects at the same time
an entire community or neighborhood, or any number of persons. However, the extent of the
annoyance or damage inflicted upon the individual may be unequal, resulting from the storage,
removal, transport, processing, or disposal of solid waste and/or recyclables.
"Occupant" includes and means every owner, tenant, or person having the care or control of
any premise(s).
"Odor threshold" has the same meaning as in Section 7.10.010E of the National City Municipal
Code.
"Office," for purposes of this chapter, shall, mean any combination of offices or connected
buildings of over twenty thousand square feet regardless of office affiliation, ownership or
occupancy. This includes retail, wholesale, professional services, legal services, financial
services, medical services, schools, colleges and libraries.
"Office paper" means waste paper grades of white and colored ledgers. Examples include
forms, copy paper, stationery, and other papers associated with desk activity.
"Organic materials" means any biodegradable material identified by the City, such as yard
waste, plant trimmings, food scraps, and paper that can be segregated from garbage and
collected and recycled to anaerobic compost digestion or processing with other organics
processing methods. Compostable plastics and biodegradable plastics are not acceptable items
for collection services.
"Organic Waste" means Solid Wastes containing material originated from living organisms .
and their metabolic waste products, including but not limited to food, green material,
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landscape, and pruning waste, organic textiles and carpets, lumber, wood, Paper Products,
Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section
18982(a).
"Organic Waste Generator" means a person or entity that is responsible for the initial creation
of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
"Person" means any individual, firm, association, organization, partnership, corporation,
business trust, joint venture, the United States, State of California, political subdivision,
government agency, municipality, public corporation, or any other entity whatsoever.
"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).
"Plastic beverage bottles" means plastic containers used for containing milk, juice, soft drinks,
or water intended for human consumption; to be distinguished from nonfood bottles such as
those containing motor oil, detergent, or other household products.
"Polluted urban water runoff' means pollution, as defined herein, contained within "urban
runoff' as defined in Section 15.70.020 of the National City Municipal Code.
"Pollution" for purposes of this chapter, shall mean the condition caused by the presence in or
on a body of water, soil, or air of any solid waste or substance derived therefrom in such
quantity, of such nature and direction, or under such condition that the quality, appearance, or
usefulness of the water, soil, land, or air is significantly degraded or adversely altered.
"Premises" means a tract or parcel of land with or without habitable buildings or appurtenant
structures.
"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).
"Processing" means the reduction, separation, recovery, or conversion of solid waste.
"Prohibited Container Contar iinants" "Prohibited Container Contaminants" means the
following: (i) discarded. material`placed in the Blue Container that is not identified as
acceptable Source Separated Recyclable Materials for the City's Blue Container; (ii) discarded
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materials placed in the Green Container that iscnot identified as acceptable Source Separated
Green Container Organic Waste for the City's Green Container; (iii) discarded materials placed
in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source
Separated Green Container Organic Wastes to be placed in City's Green Container and/or Blue
Container; and, (iv) Excluded Waste "placed -in, any container.
"Putrescible wastes" means wastes that are capable of being decomposed by microorganisms
with sufficient rapidity as to cause a nuisance because of odors, gases or other offensive
conditions. Material in this category includes, but is not limited to, kitchen waste, dead animals,
and food from containers, etc.
"Radioactive waste" means any waste, which exceeds regulatory levels of activity as defined
in Chapter 7 of the California Health and Safety Code.
"Recyclable plastic beverage containers" shall mean those bottles marked PETE (1) and HDPE
(2) on the bottom of plastic beverage containers.
"Recycling" means any process by which materials which would otherwise become solid waste
are collected (source -separated, commingled, or as "mixed waste"), separated and/or
processed, and returned to the economic mainstream in the form of raw materials or products
or material which are otherwise salvaged or recovered for reuse.
"Refuse" means any mixture of ,putrescible and nonputrescible solid and semi -solid wastes,
including, but not limited to, garbage, trash, residential refuse, industrial and commercial solid
waste, vegetable or animal solid, and semi -solid wastes, and other solid waste destined for
disposal sites.
"Removal" means the act of taking solid wastes or recoverable material from the place of
generation either by an approved collector, agent for the collector or by a person in control of
the premises.
"Residential recyclables" means those specific recyclable materials from the residential waste
stream, as identified in Section 9.52.090.
"Residential unit" includes each building and space primarily used as a dwelling.
"Restaurant" means an establishmenfprimariiy 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).
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"Rubbish" has the same meaning as in Section 7.10.010 of the -National City Municipal Code,.
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016,
which added Sections 39730.5, 39730.6, 39730.7, and 3973.0.8;to the Health and Safety Code,
and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the
Public Resources Code, establishing methane emissions reduction targets in a statewide effort
to reduce emissions of'short-lived climate pollutants as amended, supplemented, superseded,
and replaced from time to time.
"Self -Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable -material he
or she has generated for another person. Self -hauler also includes a person who back -hauls
waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul means generating
and transporting Organic Waste to a destination owned and operated by the generator using
the generator's employees and equipment, or as otherwise defined in 14 CCR Section
18982(a)(66)(A).
"Single-family" means a structure containing a dwelling unit that is serviced with solid waste
and recycling removal or pertaining to any residential premises with fewer than five (5) units.
"Solid waste" has the same meaning as in Section 15.80.020 of the National City Municipal
Code.
"Solid waste facility" means and includes a solid waste transfer or processing facility, a
construction, demolition, and inert debris processing/disposal facility, a compostable materials
handling facility, a transformation facility, an incinerator, or a disposal facility.
"Solid waste management" means a planned program for effectively controlling the
generation, storage, collection, transportation, processing, and reuse, conversion or disposal of
solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound, and economical
manner. It includes all administrative, financial, environmental, legal, and planning functions
as well as the operations aspects of solid waste handling, disposal, litter control, and resource
recovery systems necessary to achieve established objectives.
"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
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'ordirianoe, Source Separated shall
include separation of materials by the generator, property'owner property owner's employee,
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property manager, or property manager's employee into different containers for collection such
that Source Separated materials are separated from Gray Container Waste/Mixed Waste or
other Solid Waste for collection and processing.
"Source Separated Blue Container Organic Waste" means Source. Separated .Organic Wastes
that can be placed in a Blue Container that is limited to the collection of those Organic Wastes
and Non -Organic Recyclables as defined in the 14 CCR Section 18982(a)(43), or as otherwise
defined by Section 17402(a)(18.7).
"Source Separated Green Container Organic Waste" means Source Separated Organic Waste
that can be placed in a Green Container that is specifically intended for the separate collection
of Organic Waste by the generator, excluding Source Separated Blue Container Organic
Waste, carpets, Non-Compostable Paper, and textiles.
"Source Separated Recyclable Materials" means Source Separated Non -Organic Recyclables
and Source Separated Blue Container Organic Waste.
"Storage" means the interim containment of solid waste, materials, and recyclables in an
approved manner.
"Supermarket" means a full -line, self-service retail store with gross annual sales of two million
dollars .($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood
items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator
that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall
apply to this ordinance.
"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator
That is one of the following:
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(1) Restaurant with 250 or more seats, or a total facility size equal to Or greater than
5,000 square feet.
(2)
(3)
(4)
(5)
Hotel with an on -site Food Facility and 200 or more rooms.
Health facility with an on -site Food Facility and 100 or more.beds.
Large Venue.
Large Event.
(6) A State agency with a cafeteria with 250 or more seats or a total cafeteria facility
size equal to or greater than 5,000 square feet.
(7)
A Local Education Agency facility with an on -site Food Facility.
"Tin and bimetal cans" means any food or beverage containers that are composed of steel with
a thin coating or steel and aluminum.
"To segregate waste material" means any of the following: the placement of recyclables in
separate containers; the binding of recyclable material separately from the other waste
material; the physical separation of recyclables from other waste material.
"White goods" means kitchen or other large appliances.
"Wholesale Food Vendor" means a business or establishment engaged in the wholesale
merchant 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).
"Wood wastes" means lumber and wood products but excludes painted wood, wood treated
with chemicals, and pressure -treated wood.
"Yard wastes" means leaves, grass, weeds, and wood material from trees and shrubs.
9.52.030 — Requirements for Single -Family Generators.
Single -Family Organic Waste Generators shall comply with the following requirements:
A. Subscribe to City's Organic Waste collection services for all Organic Waste
generated as described below in Section B. The City shall have the right to review the number and
size.of:a generator's containers to evaluate the adequacy of capacity provided for each type of:
co'ileetidii service to properly separate materials and contain materials.
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B. Adjust its service level for its collection services as requested by the City.
C. Participate in the City's Organic Waste collection service(s) by placing designated
materials in designated containers as described below, and shall not place Prohibited Container
Contaminants in collection containers.
1. Single -Family Organic Waste Generators shall place Source Separated Green
Container Organic Waste, including Food Waste, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray
Container. Generators shall not place materials designated for the Gray Container into the
Green Container or Blue Container.
9.52.040 — Requirements for Commercial Businesses Generators.
Commercial Businesses Generators shall comply with the following requirements:
A. Subscribe to City's three container collection services and comply with the
requirements of those services as described below in Section B. The City shall have the
right to review the number and size of a generator's containers and collection frequency
to evaluate the adequacy of capacity provided for each type of collection service for
proper separation of materials and containment of materials.
B. Adjust their service level for their collection services as requested by the City.
C. Participate in the City's Organic Waste collection service(s) by placing designated
materials in designated containers as described below:
1. Commercial Businesses Generators shall place Source Separated Green Container
Organic Waste, including Food Waste, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray
Container. Generators shall not place materials designated for the Gray Container into
the Green Container or Blue Container.
2. Commercial Businesses Generators that are Tier One or Tier Two Commercial Edible
Food Generators shall comply with Food Recovery requirements described in this
ordinance.
3. Excluding Multi -Family Residential Dwellings, periodically inspect Blue Containers,
Green Containers, and Gray Containers for contamination and inform employees if
containers are contaminated and the requirements to keep contaminants out of those
containers pursuant to 14 CCR Section 18984.9(b)(3).
•
14
Comnierciai and Residential.Recycling Ordinance No. 2021 — 2489
June 1, 2021
4. Annually provide information to employees, contractors, tenants, and customers about
Organic Waste Recovery requirementg and proper sorting of Source Separated Green
Container Organic Waste and Source Separated Recyclable Materials.
5." Provide education-infofrnation before or within fourteen (14) days of the 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.
6. Provide or arrange access for City or its agent to their properties during all inspections
conducted in accordance with this ordinance to confirm compliance with the
requirements of this ordinance.
9.52.050 — Provisions for self -haulers.
A. Nothing in this chapter shall preclude any person, commercial business, single-family
residence, or special event from self -hauling recyclable materials or organic materials
generated by that entity to a recycling or organics processing facility.
B. Self -haulers shall:
1. Comply with the requirements in this chapter by delivering for recycling those
items that local recycling facilities can recycle; self -haulers that are also food
service establishments shall comply by delivering for organics processing those
items that local organics processing facilities accept.
2. Provide proof of compliance with this chapter upon request by the City; proof
includes but is not limited to a receipt from a recycling or organics processing
facility that clearly identifies the type and quantity of material delivered.
Compliance records shall consist of 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.
9.52.060 - Requirements' for-Conimercial Edible Food Generators.
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Commercial and Residentiai,Recyclit4 Ordinance No. 2021 — 2489
June 1, 2021
A. Tier One Commercial Edible Food Generators must comply with the requirements of this
Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators
must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators.notproviding 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 this section's requirements, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.
2. Contract with, or enter into a written agreement with Food Recovery Organizations
or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery;
or (ii) acceptance 'of the Edible Food that the Commercial Edible Food Generator
self -hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food capable of being recovered by a Food
Recovery Organization or a Food Recovery Service.
4. Allow City's enforcement official to access the premises and review records pursuant
to 14 CCR Section 18991.4.
5.. Keep records that include the following information, or as otherwise specified in 14
CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or
receives its Edible Food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
c. A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
1. The name, address, and contact information of the Food Recovery
Service or FoodRecovery Organization.
2. The types of food that will be collected by or self -hauled to the Food
Recovery Service or Food Recovery Organization.
3. The established.frequency that food will be collected or self -hauled.
Commercial and Residential Recycling::
16
Ordinance No. 2021 — 2489
June 1, 2021
4. The quantity of food, measured in pounds recovered per month,
collected or self -hauled to ' a Food Recovery `Service or Food
Recovery Organization for Food Recovery.
D. Nothing in this ordinance shall be construed to limit or conflict with the protections
provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good
Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill
557 of 2017 (approved by the Governor of the State of California on September 25, 2017,
which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of
Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health
and Safety Code, relating to food safety, as amended, supplemented, superseded and
replaced from time to time).
9.52.070 - 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.
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 Faod'Recovery.
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Commercial and Residential Recycling
,s: .Ordinance No. 2021 — 2489
June 1, 2021
C. 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 it is located in 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 Capacity Planning
1. Food Recovery Services and Food Recovery Organizations. To support Edible
Food Recovery capacity planning assessments or other studies conducted by the
County, City, special district that provides solid waste collection services, or its
designated entity, Food Recovery Services and Food Recovery Organizations
operating in the City shall provide information and consultation to the City, upon
request, regarding existing, or proposed new or expanded, Food Recovery capacity
that could be accessed by the City and its Commercial Edible Food Generators. A
Food Recovery Service or Food Recovery Organization contacted by the City shall
respond to such request for information within 60 days unless the City otherwise
specifies a shorter timeframe.
9.52.080 — Waiver for Generators.
A. De Minimis Waivers. The City may waive a Commercial Business' obligation (including
Multi -Family Residential Dwellings) to comply with some or all of the Organic Waste
requirements of this ordinance if the Commercial Business provides documentation that
the business generates below a certain amount of Organic Waste material as described in
Section 9.52.080 A.2. below. Commercial Businesses requesting a de minimis waiver
shall:
1. Submit an application specifying the services they request a waiver from and
provide documentation noted in Section 9.52.080 A.2. below.
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 subjectto collection in a Blue
Container or Green Container comprises less than 20 gallons per week per
applicable container of the business' total waste; or
b. The Commercial Business's total Solid Waste collection service is lessthan
two cubic yards per week, and Organic Waste, subjectto collection in a
18
Commercial and Residential Recycling .Ordinance Na;.2021: = 2489
June 1,2021
Blue Container or Green Container, comprises less than 10 gallons per'week
applicable container -of the business' total waste.
3. Notify the City if circumstances change such that Commercial Business's Organic
Waste exceeds the threshold required for a waiver, in which case the waiver will -be
"rescinded.
4. Provide written verification of eligibility for de minimis waiver every five (5) years
if City has approved de minimis waiver.
B. Physical Space Waivers. The City may waive a Commercial Business' or property owner's
obligations (including Multi -Family Residential Dwellings) to comply with some or all of
the recyclable materials and/or Organic Waste collection service requirements if the City
has evidence from its 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.
A Commercial Business or property owner may request a physical space waiver through
the following process:
1. Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for Blue Containers
and/or Green Containers, including documentation from its hauler, licensed
architect, or licensed engineer.
3. Provide written verification to City that it is still eligible for a physical space waiver
every five (5) years if City has approved the application for a physical space waiver.
C. Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR
Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business
establishment, or industry that subscribes to the City's Organic Waste collection service to
arrange for the collection of their Blue Container, Gray Container, or both once every
fourteen (14) days, rather than once per week.
D. Review and Approval of Waivers by the City.
9.52.090 - Designated recyclable materials.
The following are designated recyclables subject to this designation:
A. Residential Recyclables.
1. Newspapers,
2. Plastic beverage bottles,
_3. Aluminum,
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•.% ;: _.:•C.orrrnercial and Residential Recycling
Ordinance No: 202V, 2489-z..
June 1, 2021
4. Tin and bi-metal cans,
5. __White goods (appliances),
6. Glass bottles and jars,
7.` Organic materials;
B. Commercial Recyclables.
1. Office buildings:
a. Office paper,
b. Corrugated cardboard,
c. Newspapers,
d. Aluminum,
e. Organic materials,
f. Other recyclables currently accepted and permitted by hauler;
2. Hospitality industry, including all restaurants and taverns:
a. Plastic beverage bottles,
b. Glass jars and bottles,
c. White goods (appliances),
d. Aluminum,
e. Tin and bi-metal cans,
f. Organic materials,
g. Other recyclables currently accepted and permitted by hauler;
C. Industrial and Construction Recyclables.
1. Dirt,
2. Asphalt,
3. Sand,
4. Land clearing brush,
5. Concrete,
6. Metal,
7 . Rock,
8. Clean wood.
9.. Other construction and demolition debris, such as rock, granite, and clean wood, and
•
other materials currently accepted by the materials processing facility,
20
Comrnerciat and. -Residential Recycling Ordinance No. 2021 — 2489
June 1, 2021 •
10. Other recyclables currently accepted and permitted by hauler;
D. Yard Waste.
1. Leaves,
2. Grass,
3. Weeds,
4. Wood materials from trees and shrubs.
The above list may be modified to add or delete listed items from time to time by City Council
resolution.
9.52.100 - Separation of recyclable materials.
A. The City's designated rubbish hauler shall provide containers for designated recyclables
to each of its customers to collect designated recyclables.
B. Containers provided to single-family, and multi -family residences, commercial and
industrial entities shall effectively segregate the designated recyclables for pickup.
C. Every owner or occupant in charge of any property where rubbish, garbage, or refuse is
generated shall separate all recyclable materials from other garbage and combined refuse and
shall group together and place for collection such recyclable materials in the same manner as
rubbish, garbage, or refuse placed for collection. Recyclable material that shall be grouped
and separated from other garbage and refuse shall be established by City Council resolution.
9.52.110 - Mandatory recycling implementation schedule.
The following shall be the recycling implementation schedule within the city:
A. Residential single-family
B. Residential multi -family
C. Yard and wood waste
Effective Enforcement Date
June 1, 1992
July 1, 1993
April 1, 1993
D. Commercial: office and hospitality July 1, 1993
E. Industrial
• Commercial and Residential Reeyci.ag+
January 1, 1993
21
Ordinance No. 2021 — 2489
June 1, 2021
9.52.120 — Solid waste declared public nuisance — Exceptions.
No solid waste shall be placed or allowed to be placed or remain upon any vacant lot, park,
public or private property, street, road, highway, or alley within the limits of the City, and the same
is declared to be a public nuisance, except -that-home composting of yard waste and compostables
as defined in this chapter is exempt from the provisions of this section. It is further unlawful for
any person to deposit or place such material in any garbage or refuse container owned or used by
the owner of such property unless such person first obtains the permission of the owner to do so.
9.52.130 - Collection by a franchisee.
A. No person shall provide a solid waste collection service within the City except in accordance
with a franchise granted by the City.
B. Through the granting of one or more franchises, the City Council shall provide solid waste
collection services to all owners and occupiers of property within the City limits.
C. The charge for such service shall be due and payable by each owner or occupier of property
according to the schedule of rates and charges established, from time to time, by resolution of
City Council.
D. No person shall willfully fail, neglect, or refuse to pay the fees as prescribed in the schedule
contained in said resolution after demanding by the contract agent.
E. The franchisee will provide the billing and be responsible for collecting payments until the
City accepts payment collection. Residential customers shall not be billed more than three
months in advance. The franchisee shall not cancel service for nonpayment of refuse fees
without written approval by the City Manager.
F. Single-family residential customers may voluntarily suspend service upon vacating the
residence, providing service is resumed immediately upon the residence being reoccupied.
G. Multi -family residential complexes may voluntarily suspend service upon vacancy of all units
within the complex, providing service is resumed immediately upon at least one unit being
reoccupied.
H. Commercial billing shall be monthly in arrears of service.
22
Commercial and Residential Recycling
Ordinance No. 2021 — 2489
June 1,2021
I. A senior citizen refuse discount program will be established by the contractor for senior
citizens (persons sixty-five years and older). The City Council may, from time to time, by
resolution, fix the rate and payment schedule. -
9.52.140 — Franchisee franchise fee.
The franchisee shall pay a franchise fee in an amount determined by resolution of the City
Council or established in the franchise agreement authorizing the collection of solid waste,
Nrecyclables, yard waste, and other compostables.
9.52.150 — Hazardous wastes.
No person shall transport or collect hazardous wastes without compliance with applicable
State law. No person shall deposit, dump, spill, or otherwise allow to be placed on a County solid
waste facility not designated as a hazardous waste disposal facility.
9.52.160 — Fees for recycling.
A. The fees will be established by the resolution of the City Council. The City Council
may, from time to time, amend such resolution.
B. Residential and commercial businesses must pay the established fees for recycling
unless exempted explicitly by City Council resolution.
9.52.170 — Solid waste diversion.
Franchisee shall guarantee to the City that the diversion requirements of applicable State
and Federal law will be fully satisfied at all times during the term and any extended term of the
franchise agreement.
9.52.180 — Documentation of recycling tonnage.
The City Council may, by resolution, establish requirements and procedures for
commercial businesses to submit recycling tonnage documentation to the City to comply with state
reporting requirements.
9.52.190 — Inspections and investigation by the City.
A. The City's enforcement official is 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 ordinance 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
23
Commercial and Residential Recycling >; -Ordinance No. 2021 — 2489
June 1,2021
applicable laws. This Section does not allow the City to enter the interior of private
residential property for inspection.
C. The regulated entity shall provide or arrange for access during all inspections (except
for residential property interiors) and shall cooperate with. the City's enforcement
official 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 ordinance described
herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access
to records for any inspection or investigation is a violation of this ordinance and may
result in penalties described.
D. Any records obtained by a City during its inspections and other reviews shall be subject
to the requirements and applicable disclosure exemptions of the Public Records Act as
outlined in Government Code Section 6250 et seq.
E. The City's enforcement official is authorized to conduct inspections or other
investigations as reasonably necessary to further the goals of this ordinance, subject to
applicable laws.
F. 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.
9.52.200 - Mandatory recycling enforcement.
A. The City Manager, who is assigned to duties which include the enforcement of solid
waste regulations and laws, is responsible for enforcing the provisions of this chapter.
B. The City Manager shall have responsibility for enforcing all provisions of this chapter.
Violation of any provision of this ordinance shall constitute grounds for issuing a Notice
of Violation and assessing a fine by a City's Enforcement Official or representative.
Enforcement Actions under this ordinance are the issuance of an administrative citation
and assessment of a fine according to Section 1.20.010. However, nothing herein provided
shall prevent the City Manager from efforts to obtain voluntary compliance by way of
warning, a notice of violation or educational means.
24
Commercial and Residential Recycling
Ordinance No:.2021 — 2489
June 1, 2021
PASSED and ADOPTED this 1st day of June, 021.
Alejandra Sotelo-Solis, Mayor
ATTEST:
&a.---CI.Vm
Luz Molina, ity Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., C
25
Commercial and Residential Recycling Ordinance No. 2021 :- 2489, .
June 1, 2021
4
Passed and adopted by the Council of the City of National City, California, on June 1,
2021 by the following vote, to -wit:
Ayes: Sotelo-Solis, Rodriguez, Bush, Morrison, Rios.
Nays:. None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
Alejandra Sotelo-Solis
Mayor of the City of National City, California
Luz Molina
City Clerk of the City of National City, California
HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on May 18, 2021 and on June 1, 2021.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a ,written or printed copy of said Ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2021-2489 of the City Council of the City of National City, passed
and adopted by the Council of said City on June 1, 2021.
City Clerk the City of National City, California