CC Ordinance 2275ORDINANCE 2275
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING
SECTION 6.10.020 AND REPLACING CHAPTER 6.04 OF THE CITY OF CAMPBELL
MUNICIPAL CODE TO IMPLEMENT SB 1383 DISCARDED MATERIALS AND
EXCLUDED WASTE MANAGEMENT REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION ONE: Section 6.10.020 of the Campbell Municipal Code is hereby amended
to read as follow:
6.10.020 Nuisance conditions
(a) It is declared a public nuisance for any premises in the city to be maintained in such
manner so as to be injurious to the health, or to be indecent or offensive to the
senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property, or for anyone to cause, or engage in any
conduct that is injurious to the health, or indecent or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the comfortable
enjoyment of life or property. Such public nuisances shall include, but are not limited
to:
(1) Overgrown, dead, decayed or diseased trees, weeds and other vegetation that. -
(A) Is likely to harbor rats, vermin, and other similar nuisances,
(B) Constitutes a fire hazard or a condition dangerous to the public health, safety
and general welfare, or
(C) Constitutes an unsightly appearance or otherwise detracts from the aesthetic
or property values of the neighboring properties;
(2) The presence or accumulation on a premises of any of the following for a period
exceeding two weeks, except when the premises have been approved for such
storage use under the laws and regulations of the city:
(A) Debris, rubbish, scrap materials and trash,
(B) Broken or discarded household furnishings, appliances, boxes and cartons
and similar materials,
(C)An area exceeding one hundred square feet containing lumber and building
materials not being used for construction on the premises,
(D) Vehicle parts and tires, or
(E) Construction equipment and machinery except when in use for construction
on the premises;
(3) Objects including, but not limited to, unprotected and/or hazardous pools, ponds,
ice boxes, refrigerators, or excavations that tend to attract children or other
curious individuals, and which present a threat to the health, safety or welfare of
such individuals,
(4) Structures or buildings, both permanent and temporary, or other lot
improvements, which are subject to any of the following conditions:
(A) Are structurally unsafe, either entirely or in part,
(B) Constitute a fire hazard,
(C)A building or structure which is not completed within a reasonable time or for
which the permit for such construction has expired,
(D) Unoccupied buildings which have been left unlocked or otherwise open or
unsecured from intrusion by persons, animals or the elements,
(E) A building that has been so damaged by fire, wind, earthquake or flood, or
has become so dilapidated that it is structurally unsafe or otherwise unfit for
human habitation,
(F) Have faulty weather protection including, but not limited to, crumbling,
cracked, missing, broken, or loose exterior plaster or other siding, roofs,
foundations or floors (including lack of paint or other protective finish), missing
windows or doors,
(G)Fences and walls which are in a hazardous condition, or
(H) Broken windows constituting hazardous conditions and inviting trespassers
and malicious mischief;
(5) Maintenance of premises so out of harmony or conformity with the maintenance
standards of adjacent properties as to cause substantial diminution of the
enjoyment, use, or property values of such adjacent properties, as determined by
an enforcement officer;
(6) Nuisance activity, or real property that has been the situs for nuisance activity
including, but not limited to:
(A) Disturbing the peace,
(B) Illegal drug activity,
(C) Public drunkenness,
(D) Drinking alcoholic beverages in public,
(E) Harassment of passersby,
(F) Illegal gambling,
(G) Prostitution,
(H) The sale of stolen goods,
(1) Acts of violence,
(J) Public urination or defecation,
(K) Acts of vandalism,
(L) Acts of lewd conduct,
(M)Unreasonably loud noise,
(N) Loitering,
(0) Excessive littering,
(P) A violation of the provisions of Campbell Municipal Code Sections 5.08.010,
5.12.030, 5.12.150, 5.12.180, 5.16.010, 6.04.060, 6.04.200, 6.04.210,
6.04.230, 6.04.240, 6.04.250, 6.04.260, or 20.16.010,
(Q)A violation of any of the provisions of Campbell Municipal Code Chapters
5.24, 5.28, 5.29, 5.30, 5.36, 5.48, 5.58, 6.11, 6.20, 6.30, 6.40, 8.34, 8.38,
8.40, 8.42, 11.04, 11.08, 11.12, 11.16, 11.32, 13.04, or 14.02,
(R)A violation of any of the provisions of Campbell Municipal Code Titles 7, 14,
17 or 18,
(S) A violation of any of the provisions of Campbell Municipal Code Title 21, or
any use of real property for a purpose or in a manner other than approved
under the provisions of Title 21,
(T) The use or maintenance of property in a manner contrary to a court order or
judgment in an action in which the City is a party, regarding the use or
maintenance of the property,
(U)Any condition that would constitute a nuisance pursuant to Chapter 10.44 of
the Campbell Municipal Code.
(7) Placing any encroachment upon or obstruction in or to any sidewalks, street,
alley, lane, court, park, or other public place without the approval of the city;
(8) Obstructing the free passage or use, in the customary manner, of any sidewalk,
public park, square, street, or highway; or
(9) The maintenance or use of property in the city in a manner that violates, or real
property that has been the situs of a violation of, any provision of any state or
federal law or regulation.
(b) Nothing contained in this chapter shall prohibit persons from participating in any
activity which the city is precluded from proscribing under the United States
Constitution or the California Constitution.
SECTION TWO: Chapter 6.04 of the Campbell Municipal Code is hereby replaced to
read as follow:
Chapter 6.04 — DISCARDED MATERIALS AND EXCLUDED WASTE MANAGEMENT*
*For statutory provisions authorizing cities to contract for discarded materials disposal
and/or processing and to prescribe terms and conditions by ordinance for such service,
see Public Resources Code § 49300.
6.04.010 - Definitions.
Words used in this chapter are defined as hereinafter provided, as follows:
(a) "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 CCR).
(b) "CalRecycle" means California's Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for developing,
implementing, and enforcing SIB 1383 Regulations on cities, counties, special
districts, and other regulated entities.
(c) "City" means the City of Campbell, California, a political subdivision of the State
of California, and its duly authorized representatives.
(d) "City enforcement official" means the city code enforcement officer, city manager,
or other executive in charge or their authorized designee(s) who is/are partially or
whole responsible for enforcing the chapter.
(e) "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 with
five or more units, or as otherwise defined in 14 CCR Section 18982(a)(6); with
the exception that multi -family is excluded from this definition. A multi -family
residential dwelling that consists of fewer than five (5) units is not a commercial
business for purposes of implementing this chapter.
(f) "Commercial edible food generator" includes a tier one or a tier two commercial
edible food generator as defined in of this chapter or as otherwise defined in 14
CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food
recovery organizations and food recovery services are not commercial edible
food generators pursuant to 14 CCR Section 18982(a)(7).
(g) "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).
(h) "Compliance review" means a review of records by the city to determine
compliance with this chapter.
(i) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which
stated, as of the effective date of this chapter, that "compost" means the product
resulting from the controlled biological decomposition of organic solid wastes that
are source separated from the municipal solid waste stream, or which are
separated at a centralized facility.
Q) "Compostable plastics" or "compostable plastic" means plastic materials that
meet the ASTM D6400 standard for compostability, or as otherwise described in
14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(k) "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).
(1) "County" means the County of Santa Clara, California.
(m) "County agency enforcement official" means an authorized designee of the
County of Santa Clara in the Public Health Department or other departments who
is/are partially or whole responsible for enforcing the chapter.
(n) "Customer" means the person who receives the exclusive hauler's services and
to whom the exclusive hauler submits its billing invoice to and collects payment
from for collection services provided to a premises. The customer may be either
the occupant, owner, or property manager of the premises, as allowed under the
city code.
(o) "C&D" means construction and demolition debris.
(p) "Dead animals" means those animals that die naturally, from disease, or are
accidentally killed, but shall not mean condemned animals or parts of animals
from slaughterhouses or similar places.
(q) "Designee" means an entity that the city contracts with or otherwise arranges to
carry out any of the city's responsibilities of this chapter as authorized in 14 CCR
Section 18981.2. A designee may be a government entity, a hauler, a private
entity, or a combination of those entities.
(r) "Discarded materials" means recyclable materials, organic materials, and solid
waste discarded by a generator for the purposes of collection and/or Self -
Hauling, excluding excluded waste.
(s) "Disposal" or "dispose" (or any variation thereof) means the final disposition of
solid waste, or processing residue at a disposal facility.
(t) "Edible food" means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as
otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid
waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR,
Division 7, Chapter 12 requires or authorizes the recovery of edible food that
does not meet the food safety requirements of the California Retail Food Code.
(u) "Enforcement action" means an action of the city or regional agency to address
non-compliance with this chapter including, but not limited to, issuing
administrative citations, fines, penalties, or using other remedies.
(v) "Enforcement entity" means an appointed designee for the enforcement of this
chapter. A designee may be the city enforcement official, regional agency's
enforcement official, county enforcement official, or other designee.
(w) "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, its designee's, or
regional agency's reasonable opinion would present a significant risk to human
health or the environment, cause a nuisance or otherwise create or expose the
city, its designee, or regional agency's 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. Excluded waste does not include used motor oil and filters, and
household batteries when such materials are defined as allowable materials for
collection through the city's collection programs and the generator or customer
has properly placed the materials for collection pursuant to instructions provided
by city, regional agency, or exclusive hauler for collection services.
(x) "Exclusive hauler" means the collection contractor that has been granted the
exclusive rights to collect recyclable materials, organic materials, solid waste,
and C&D in the city through the agreement entered into by the collection
contractor and the regional agency.
(y) "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).
(z) "Food facility" has the same meaning as in Section 113789 of the Health and
Safety Code.
(aa) "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).
(bb) "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.
"Food recovery organization" includes, but is not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the
Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the
purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization
differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall
apply to this chapter.
(cc) "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.
(dd) "Food scraps" means those discarded materials that will decompose and/or
putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable
waste that is generated during or results from the storage, preparation, cooking
or handling of food stuffs, (iii) discarded paper (including paper containers and
cartons) that is contaminated with food scraps and compostables; (iv) fruit waste,
grain waste, dairy waste, meat, and fish waste; and, (v) vegetable trimmings,
houseplant trimmings and other compostable organic waste common to the
occupancy of Residential dwellings. Food scraps are a subset of organic waste.
Food scraps excludes fats, oils, and grease when such materials are source
separated from other food scraps.
(ee) "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).
(ff) "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.
(gg) "Food waste" includes food scraps and food -soiled paper, and includes
compostable plastics, unless city, its designee, regional agency, or exclusive
hauler excludes compostable plastics in the organic materials containers.
(hh) "Generator" means any person whose act first causes discarded materials to
become subject to regulation under this chapter of the city code or under federal,
State, or local laws or regulations.
(ii) "Green waste" means tree trimmings, grass cuttings, dead plants, leaves,
branches and dead trees (not more than three (3) inches in diameter), garden
and tree fruits and vegetables, and similar materials generated and Source
Separated from other materials at the Premises.
Qj) "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).
(kk) "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).
(II) "Health Facility" has the same meaning as in Section 1250 of the Health and
Safety Code.
(mm) "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).
(nn) "Hotel" has the same meaning as in Section 17210 of the Business and
Professions Code.
(oo) "Inspection" means a site visit where a city, its designee, or regional agency
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).
(pp) "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 chapter.
(qq) "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. 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. A site under common ownership or control that
includes more than one Large Venue that is contiguous with other large venues
in the site, is a single large venue. If the definition in 14 CCR Section
18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply to this chapter.
(rr) "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).
(ss) "Multi -family residential dwelling" or "multi -family" means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi -family premises do
not include hotels, motels, or other transient occupancy facilities, which are
considered commercial businesses. Residential premises with fewer than five (5)
dwelling units shall be considered single-family.
(tt) "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).
(uu) "Notice of violation (NOV)" means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section
18995.4.
(vv) "Organic materials" means green waste, food waste, lumber, and wood waste.
(ww) "Organic materials container" has the same meaning as in 14 CCR Section
18982(a)(29) and shall be used for the purpose of storage and collection of
source separated organic materials.
(xx) "Organic waste" means solid wastes containing material originated from living
organisms and their metabolic waste products, including but not limited to food,
green material, landscape and pruning waste, green 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).
(yy) "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).
(zz) "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).
(aaa) "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).
(bbb) "Process" or "processing" (or any variation thereof) means the controlled
separation, recovery, volume reduction, conversion, or recycling of source
separated recyclable materials or source separated organic materials including,
but not limited to, organized, manual, automated, or mechanical sorting, the use
of vehicles for spreading of waste for the purpose of recovery, and/or includes
the use of conveyor belts, sorting lines, or volume reduction equipment, or as
otherwise defined in 14 CCR Section 17402(a)(20).
(ccc) "Prohibited container contaminants" means the following: (i) discarded materials
placed in the recyclable materials container that are not identified as acceptable
source separated recyclable materials for the city's recyclable materials
container; (ii) discarded materials placed in the organic materials container that
are not identified as acceptable source separated organic materials for the city's
organic materials container; (iii) discarded materials placed in the solid waste
container that are acceptable source separated recyclable materials and/or
source separated organic materials to be placed in city's organic materials
container and/or recyclable materials container; and, (iv) excluded waste placed
in any container.
(ddd) "Recovered organic waste products" means products made from California,
landfill -diverted recovered organic waste processed in a permitted or otherwise
authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(eee) "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).
(fff) "Recyclable materials" means materials authorized by exclusive hauler as
recyclable.
(ggg) "Recyclable materials container" has the same meaning as in 14 CCR Section
18982(a)(5) and shall be used for the purpose of storage and collection of source
separated recyclable materials.
(hhh) "Recycled -content paper" means paper products and printing and writing paper
that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as
otherwise defined in 14 CCR Section 18982(a)(61).
(iii) "Regional agency" means the West Valley Solid Waste Management Authority.
(jjj) "Regional agency enforcement official" means a designated enforcement official
from the regional agency or other regional or county agency, designated by the
city with responsibility for enforcing the chapter in conjunction or consultation with
city enforcement official.
(kkk) "Remote monitoring" means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of recyclable materials containers,
organic materials containers, and solid waste materials containers for purposes
of identifying the quantity of materials in containers (level of fill) and/or presence
of prohibited container contaminants.
(III) "Renewable gas" means gas derived from organic waste that has been diverted
from a California landfill and processed at an in -vessel digestion facility that is
permitted or otherwise authorized by 14 CCR to recycle organic waste, or as
otherwise defined in 14 CCR Section 18982(a)(62).
(mmm) "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).
(nnn) "Route review" means a visual inspection of containers along a hauler route for
the purpose of determining container contamination, and may include mechanical
Inspection methods such as the use of cameras, or as otherwise defined in 14
CCR Section 18982(a)(65).
(000) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and
39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing
with Section 42652) to Part 3 of Division 30 of the Public Resources Code,
establishing methane emissions reduction targets in a Statewide effort to reduce
emissions of short-lived climate pollutants as amended, supplemented,
superseded, and replaced from time to time.
(ppp) "SB 1383 regulations" or "SB 1383 regulatory" means or refers to, for the
purposes of this chapter, the short-lived climate pollutants: organic waste
reduction regulations developed by CalRecycle that created 14 CCR, Division 7,
Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(qqq) "Self -hauler" means a person, who hauls solid waste, organic waste or recyclable
material they have generated to 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 own
employees and equipment, or as otherwise defined in 14 CCR Section
18982(a)(66)(A). Self -hauler also includes a landscaper.
(rrr) "Share table" has the same meaning as in Section 114079 of the Health and
Safety Code.
(sss) "Single-family" means of, from, or pertaining to any residential premises with
fewer than five (5) units.
(ttt) "Solid waste" has the same meaning as defined in State Public Resources Code
Section 40191, which defines solid waste as all putrescible and nonputrescible
solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper,
rubbish, ashes, industrial wastes, demolition and construction wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semi -solid wastes, and other
discarded solid and semisolid wastes, with the exception that solid waste does
not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section
40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of
the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management
Act (Part 14 (commencing with Section 117600) of Division 104 of the 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.
(uuu) "Solid waste materials container" has the same meaning as in 14 CCR Section
18982(a)(28) and shall be used for the purpose of storage and collection of solid
waste.
(vvv) "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 the chapter, source separated shall include separation of materials
by the generator, property owner, property owner's employee, property manager,
or property manager's employee into different containers for the purpose of
collection such that source separated materials are separated from solid waste
for the purposes of collection and processing.
(www) "Source separated organic materials" means source separated organic materials
that can be placed in an organic materials container that is specifically intended
for the separate collection of organic waste.
(xxx) "Source separated recyclable materials" means source separated recyclables
materials that can be placed in a recyclable materials containers that is
specifically intended for the separate collection of recyclable materials. Source
separated recyclable materials.
(yyy) "State" means the State of California.
(zzz) "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).
(aaaa)"Tier one commercial edible food generator" means a commercial edible food
generator that is one of the following, as defined in this chapter:
(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 chapter.
(bbbb) "Tier two commercial edible food generator" means the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
(2) Hotel with an on -site food facility and 200 or more rooms.
(3) Health facility with an on -site food facility and 100 or more beds.
(4) Large venue.
(5) Large event.
(6) State agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
(7) A local education agency facility with an on -site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible
food generator differs from this definition, the definition in 14 CCR Section
18982(a)(74) shall apply to this chapter.
(cccc) "West Valley Clean Water Authority" means the stormwater pollution prevention
authority for the cities of Campbell, Monte Sereno, Saratoga, and the town of Los
Gatos.
(dddd)"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).
6.04.020 - Regulations for accumulation.
(a) It is unlawful for any person to deposit, keep, accumulate, or permit or cause any
discarded materials and/or excluded waste to be deposited, kept, or accumulated
upon any lot or parcel of land, streets, and alleys or drives, unless the same is kept,
deposited, or allowed to accumulate in galvanized metal receptacles provided with
handles, or acceptable plastic container. Storage within buildings, or outside and
within five feet of a combustible surface, must be within a metal receptacle. Storage
of combustibles within a building in individual containers of one and one-half cubic
yards or greater shall be provided with a one -hour occupancy separation from the
remaining area of the building or protected by an automatic fire sprinkler head(s).
Outside storage within five feet of combustible surfaces may be allowed when
protected by an automatic fire sprinkler head. Receptacles shall have a capacity of
not less than twenty gallons, nor more than six yards, unless an approved container
of larger size is provided by the exclusive hauler, and the receptacles shall be
provided with close -fitting lids or covers which shall be kept closed at all times
except when necessarily opened to permit deposit or removal of discarded
materials. Container shall be kept in sanitary condition by owners and free of holes
that might cause leakage or the emission of any offensive vapors, gases or odors.
No container, when filled, shall weigh more than seventy pounds. No container shall
be placed in any manner such that the container impedes normal vehicular traffic,
public transportation or pedestrian or wheelchair access to public rights -of -way. No
discarded material containers shall be placed at curbside or other location visible to
the public more than twenty-four hours preceding the day of scheduled collection by
the exclusive hauler and shall be removed from the curbside or any other location
visible to the public within twenty-four hours the day immediately following the
scheduled collection by the contractor.
6.04.030 - Burying and burning of discarded materials and excluded waste.
(a) No person shall place any discarded materials or excluded waste upon or beneath
the surface of any premises. No person shall burn any discarded materials and/or
excluded waste.
6.04.040 - Unauthorized use and handling of receptacles.
(a) It is unlawful for any person to deposit, keep, accumulate or permit or cause any
discarded materials to be deposited, kept or accumulated in any discarded
materials container owned or rented by any owner, resident or tenant, except that
prior permission be obtained from the owner or renter of the discarded materials
container.
(b) No person other than the owner, his agents or employees or the exclusive hauler
shall handle any discarded materials containers or remove the contents thereof
from the location where the same has been placed by such owner or his agent.
6.04.050 - Period of accumulation limited.
(a) Every person occupying or who owns property occupied by others where there is
any accumulation of discarded materials shall dispose of the discarded materials in
some lawful manner at least once each calendar week. In cases of premises
containing more than one dwelling unit, pick-up must be at least once per week per
unit with the container equal to at least one twenty gallon container per unit.
6.04.060 - Minimum service —Containers.
(a) Commercial, business, apartments, multi -family, and industrial manufacturing
occupancy must have the minimum of once -a -week discarded materials service.
Each separate occupancy shall have its own containers, or access to a container
large enough to discard of all material generated by all occupancies using the
container.
(b) Each commercial, business, industrial, apartment, multi -family, or manufacturing
occupancy shall maintain its discarded material container(s) in an area(s) approved
by the community development director or duly appointed assistant, hereafter
known as "agent of the city" or "agent" in accordance with the following criteria.
containers shall be within an enclosure(s) constructed and consisting of a concrete
floor or asphalt no less than six inches in depth, surrounded by a minimum five-foot
sight -obscuring wall or fence and having a gate (unless otherwise determined to be
unnecessary for proper access), and of a size approved by the "agent" as safe and
adequate for the intended use. The fence, gate and surface inside the enclosure
must be kept in sound repair.
(c) Commercial, business, apartments, multi -family, and industrial manufacturing shall
provide adequate, accessible, and convenient areas for collecting and loading
discarded materials.
6.04.070 — Discarded materials transportation.
(a) No discarded materials shall be removed and carried on and along a public right-of-
way of the city except that same be carried, conveyed or hauled in conveyances so
constructed as to be dustproof, and so arranged as not to permit dust or other
matter to sift through or fall upon a public right-of-way. The contents of such
conveyances must be completely covered and enclosed so as to prevent the
contents from being blown upon the public right-of-way and adjacent lands.
6.04.080 - Trucks.
(a) Every truck used by the exclusive hauler in the collection or removal of discarded
materials shall be kept well -painted, clean inside and out, and in a prominent place
on each truck display the name of the exclusive hauler's firm and the truck number.
6.04.090 - Contract.
(a) For the collection, disposal, and processing of discarded materials, a contract for a
period not to exceed twenty years may be entered into by the city or regional
agency in accordance with the terms and conditions of this chapter.
6.04.100 - Liability of all occupants for fees.
(a) All occupied premises in the city shall have discarded materials collection for the
collection, removal, processing, and disposal of discarded materials produced upon
premises for which a service charge shall be collected. Charges for such service
shall be based upon the rates submitted annually by the exclusive hauler and
ratified by the regional agency.
6.04.110 - Billing owner.
(a) In the case of premises containing more than one dwelling unit or place of business
or both, such fees may be charged to the owner of such premises who shall collect
such fees levied against the occupants of the dwelling units or places of business
located on such premises, and shall transmit the amount so collected to the
exclusive hauler. In the event the owner fails to collect such fees from any such
occupant and remit same to exclusive hauler, the owner shall be liable to exclusive
hauler for the payment of such fees.
6.04.120 - Discontinuance or suspension of service.
(a) Rates shall only be applicable during the time that a premise is occupied and
utilities are connected for a portion of a billing period. No charge shall be made for a
billing period during which utilities are disconnected for the full period.
6.04.130 - Collection.
(a) It is unlawful for any person other than the city or exclusive hauler to engage in the
business of collection, disposing of, transporting, carrying or conveying through the
public right-of-way of the city any matter offensive to the sight, provided, however,
that discarded materials collection or disposal contractors when serving the
municipalities county discarded materials collection district, state or federal
institutions or any person in the employ of such governmental agencies may haul
such materials and provided no loss occurs from such vehicles upon the public
right-of-way. Nothing shall prevent a producer from hauling his own discarded
materials to a designated disposal or processing site.
(b) Exclusive hauler shall have the sole and exclusive right for discarded materials
collection services provided for in this code as it relates to all residential areas, to
each single-family dwelling, to all multi -family dwelling units, to all commercial,
business, industrial, and manufacturing establishments, located within the city
boundaries of this city, with the following exceptions:
(1) That whenever a commercial, business, industrial or manufacturing
establishment produces discarded material or debris that has resaleable value,
it may negotiate with a scavenger company other than the exclusive hauler, for
the opportunity of selling these specific items, only if compensated by the
scavenger company. The scavenger company providing this service must
receive a permit issued by the fire chief or delegated representative and obtain a
business license pursuant to Title 5 of this Code.
(2) In those cases where a commercial, business, industrial or manufacturing
establishment can show to the satisfaction of the fire chief or delegated
representative that the exclusive hauler under contract with the city cannot
provide the necessary service required by said establishment, the fire chief may
grant a permit for a scavenger company other than the exclusive hauler to
provide service to the establishment. Scavenger company requesting this permit
must also obtain a business license pursuant to Title 5 of this Code.
6.04.140 - Placing for collection.
(a) The exclusive hauler shall collect and remove, from all places and premises in the
city, all discarded materials which is contained in a receptacle of the type or kind
prescribed by this chapter, located no more than five feet from face of curb or curb
line of a public right-of-way or private alley accessible to the exclusive hauler for
residential generators.
6.04.150 - Emergency removal.
(a) Nothing in this chapter shall be deemed to prohibit the removal and hauling by any
unlicensed person of discarded materials considered by the health officer or fire
chief to constitute a health menace of such nature as necessary to be ordered by
any of said officers to be promptly removed.
6.04.160 - Establishment of transfer site.
(a) The council is authorized to acquire and/or establish a transfer site and to establish
by resolution, rules and regulations for operation and a schedule of charges for the
use of the transfer site. The council may contract for the operation of a transfer site
for any terms considered beneficial to the city.
6.04.170 - Use of transfer site.
(a) No person other than the contractor, a self -hauler, or employees of the city, acting
within the scope of their employment or as provided in this chapter, shall carry,
transport, deliver, or deposit any discarded materials in any transfer site which the
city may establish. All discarding of material shall be in accordance with the
instructions of the person supervising such a transfer site.
6.04.180 - Responsible officer.
(a) The fire chief shall be responsible for the supervision of the transfer site and shall
see that all provisions of any contract are complied with.
6.04.190 - Recyclable materials -donation or sale.
(a) Nothing in this chapter shall limit the right of any person to donate or sell of his/her
recyclable materials.
6.04.200 — Single-family requirements.
(a) Owner, occupant, or property manager of single-family premises, except those that
that meet the self -hauler requirements in this chapter shall subscribe to the regional
agency's discarded materials collection services for all recyclable materials, organic
materials, and solid waste generated as described below in Section 6.04.200(b).
City, its designee, or regional agency shall have the right to review the number and
size of a recyclable materials containers, organic materials containers, and solid
waste containers to evaluate adequacy of capacity provided for each type of
collection service for proper separation of discarded materials and containment of
materials; and, owner, occupant, or property manager of single-family premises
shall adjust its service level for its collection services as requested by the city, its
designee, or regional agency. Owner, occupant, or property manager may
additionally manage their discarded materials by preventing or reducing their
discarded materials, by managing organic waste on site, and/or using a community
composting site pursuant to 14 CCR Section 18984.9(c).
(b) Generators shall participate in the regional agency's discarded materials collection
service(s) by placing designated materials in designated containers as described
below, and shall not place prohibited container contaminants in collection
containers.
(c) Generators shall place source separated organic materials, including food waste, in
the organic materials container; source separated recyclable materials in the
recyclable materials container; and solid waste in the solid waste container.
Generators shall not place materials designated for the solid waste container into
the recyclable materials container or organic materials container.
6.04.210 — Commercial and multi -family requirements.
(a) Commercial businesses and multi -family residential dwellings shall comply with the
following requirements:
(1) Subscribe to regional agency's discarded materials collection services and
comply with requirements of those services as described in this chapter, except
commercial businesses and multi -family residential dwellings that meet the self -
hauler requirements in this chapter. City, its designee, or regional agency shall
have the right to review the number and size of a commercial business's or
multi -family residential dwellings' discarded materials containers and frequency
of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of discarded materials and containment
of materials; and, owner, occupant, or property manager of commercial
businesses and multi -family residential dwellings shall adjust their service level
for their collection services as requested by the city, its designee, or regional
agency.
(2) Except commercial businesses and multi -family residential dwellings that meet
the self -hauler requirements in this chapter, participate in the regional agency's
discarded materials collection service(s) by placing designated materials in
designated containers. Commercial and multi -family generators shall place
source separated organic materials, including food waste, in the organic
materials container; source separated recyclable materials in the recyclable
materials container; and solid waste in the solid waste containers. Generators
shall not place materials designated for the solid waste container into the
organic materials container or recyclable materials container.
(3) Supply and allow access to adequate number, size, and location of collection
containers with sufficient labels or colors (conforming with Sections
6.04.210b(1)(i) and b(1)(ii)) for employees, exclusive haulers, tenants, and
customers, consistent with regional agency's discarded materials collection
service or, if self -hauling, in a manner to support its compliance with its self -
haul program, in accordance with this chapter.
(4) Annually provide information to employees, exclusive haulers, tenants, and
customers about organic waste recovery requirements and proper sorting of
source separated materials.
(5) Provide education information before or within fourteen (14) days of occupation
of the premises to new tenants that describes requirements to keep source
separated materials and separate from solid waste and the location of
containers and the rules governing their use at each property.
(6) Provide or arrange access for city, its designee, or regional agency to their
properties during all Inspections conducted in accordance with this chapter to
confirm compliance with the requirements of this chapter.
(7) Accommodate and cooperate with city's, its designee's, or regional agency's
remote monitoring program for Inspection of the contents of containers for
prohibited container contaminants, which may be implemented at a later date,
to evaluate generator's compliance with this chapter. The remote monitoring
program shall involve installation of remote monitoring equipment on or in the
discarded materials containers.
(8) At commercial business's or multi -family residential dwelling's option and
subject to any approval required from the city, its designee, or regional agency,
implement a remote monitoring program for Inspection of the contents of its
discarded materials containers for the purpose of monitoring the contents of
containers to determine appropriate levels of service and to identify prohibited
container contaminants. Generators may install remote monitoring devices on
or in the discarded materials containers subject to written notification to or
approval by the city, its designee, or regional agency.
(9) If a commercial business or multi -family residential dwelling wants to self -haul,
meet the self -hauler requirements in this chapter.
(b) Commercial businesses shall also comply with the following requirements:
(1) Provide containers for the collection of source separated materials in all indoor
and outdoor areas where containers for solid waste are provided for customers,
for materials generated by that commercial business. Such containers do not
need to be provided in restrooms. If a commercial business does not generate
any of the materials that would be collected in one type of container, then the
commercial business does not have to provide that particular container in all
areas where solid waste containers are provided for customers. Pursuant to 14
CCR Section 18984.9(b), the containers provided by the commercial business
shall have either:
(i) A body or lid that conforms with the container colors provided through the
collection service provided by regional agency, with either lids conforming
to the color requirements or bodies conforming to the color requirements or
both lids and bodies conforming to color requirements. A commercial
business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply with the
requirements of the subsection prior to the end of the useful life of those
containers, or prior to January 1, 2036, whichever comes first.
(ii) Existing containers shall be clearly marked with educational signage
indicating the appropriate discarded material types to be placed in each
container in accordance with requirements of the regional agency's
collection program. Commencing January 1, 2022, new containers shall
have container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or graphic
images that indicate the primary materials accepted and primary materials
prohibited in the container pursuant 14 CCR Sections 18984.8 and
18984.9.
(2) To the extent practical through education, training, Inspection, and/or other
measures, shall prohibit employees from placing discarded materials in a
container not designated for those materials per the regional agency's
separated source and solid waste collection service or, if self -hauling, in a
manner to support its compliance with its self -haul program, in accordance with
this chapter.
(3) Periodically inspect separated source and solid waste containers for
contamination and inform employees if containers are contaminated and of the
requirements to keep contaminants out of those containers pursuant to 14 CCR
Section 18984.9(b)(3).
(4) For commercial businesses that are tier one or tier two commercial edible food
generators, comply with food recovery requirements in this chapter.
(c) Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing organic waste on site, or using a community composting site
pursuant to 14 CCR Section 18984.9(c).
6.04.220 — Waivers for residential and commercial generators.
(a) De minimis waivers. The city or regional agency may waive a commercial business'
or multi -family residential dwellings' obligation to comply with some or all of the
source separated material requirements of this chapter if the commercial business
or multi -family residential dwellings provides documentation that it generates below
a certain amount of recyclable materials and organic materials as described below.
Commercial businesses or multi -family residential dwellings requesting a de
minimis waiver shall:
(1) Submit an application to the city or regional agency specifying the services that
they are requesting a waiver from and provide documentation as noted below.
(2) Provide documentation that either:
(A) The commercial business' or multi -family residential dwellings' total solid
waste collection service is two cubic yards or more per week and organic
waste subject to collection in a recyclable materials container and/or
organic materials container comprises less than 20 gallons per week per
applicable container of the commercial business's or multi -family
residential dwellings' total waste; or,
(B) The commercial business' or multi -family residential dwellings' total solid
waste collection service is less than two cubic yards per week and organic
waste subject to collection in a recyclable materials container and/or
organic materials comprises less than 10 gallons per week per applicable
container of the commercial business's or multi -family residential
dwellings' total waste.
(3) Notify city or regional agency if circumstances change such that commercial
business's or multi -family residential dwelling's organic waste exceeds
threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years, if
city or regional agency has approved de minimis waiver.
(b) Physical space waivers. The city or regional agency may waive a commercial
business's or multi -family residential dwelling's or property owner's obligations 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, the regional
agency's exclusive 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.
A commercial business or multi -family residential dwelling owner 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 recyclable
materials containers and/or organic materials containers including
documentation from its exclusive hauler, licensed architect, or licensed
engineer.
(3) Provide written verification to city or regional agency that it is still eligible for
physical space waiver every five years, if city has approved application for a
physical space waiver.
(c) The city and regional agency shall be responsible for review and determination of
any waiver submitted for approval.
6.04.230 — Commercial edible food generators requirements.
(a) Tier one commercial edible food generators must comply with the requirements of
this Section 6.04.230 commencing January 1, 2022, and tier two commercial edible
food generators must comply commencing January 1, 2024 pursuant to 14 CCR
Section 18991.3.
(b) Large venue or large event operators not providing food services, but allowing for
food to be provided by others, shall require food facilities operating at the large
venue or large event to comply with the requirements of this Section, commencing
January 1, 2024.
(c) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be
disposed.
(2) Contract with, or enter into a written agreement with food recovery
organizations or food recovery services for: (i) the collection of edible food for
food recovery; or, (ii) acceptance of the edible food that the commercial edible
food generator self -hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food that is capable of being recovered by a
food recovery organization or a food recovery service.
(4) Allow the enforcement entity to access the premises and review records
pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in
14 CCR Section 18991.4:
(A) A list of each food recovery service or organization that collects or receives
its edible food pursuant to a contract or written agreement established
under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
(C) A record of the following information for each of those food recovery
services or food recovery organizations:
(i) The name, address and contact information of the food recovery
service or food recovery organization.
(ii) The types of food that will be collected by or self -hauled to the food
recovery service or food recovery organization.
(iii) The established frequency that food will be collected or self -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) Tier one commercial edible food generators shall submit food recovery reports, as
defined below, to the enforcement entity according to the following schedule:
(1) On or before August 1, 2022, tier one commercial edible food generators shall
submit a food recovery report for the period of January 1, 2022 through June 30,
2022.
(2) On or before May 1, 2023, and on or before May 1st each year thereafter, tier
one commercial edible food generators shall submit a food recovery report for
the period covering the entire previous calendar year.
(e) Tier two commercial edible food generators shall submit food recovery reports, as
defined below, to the enforcement entity according to the following schedule:
(1) On or before May 1, 2025, and on or before May 1 st each year thereafter, tier
two commercial edible food generators shall submit a food recovery report for
the period covering the entire previous calendar year.
(f) Food recovery reports submitted by tier one and tier two commercial edible food
generators shall include the following information:
(1) The name and address of the commercial edible food generator;
(2) The name of the person responsible for the commercial edible food generator's
edible food recovery program;
(3) A list of all contracted food recovery services or food recovery organizations that
collect edible food from the commercial edible food generator,
(4) The total number of pounds of edible food, per year, donated through a
contracted food recovery organization or food recovery service.
(d) 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 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).
6.04.240 — Requirements for food recovery organizations and services.
(a) Food recovery services collecting or receiving edible food directly from commercial
edible food generators, via a contract or written agreement established under 14
CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each commercial edible food
generator from which the service collects edible food.
(2) The quantity in pounds of edible food collected from each commercial edible
food generator per month.
(3) The quantity in pounds of edible food transported to each food recovery
organization per month.
(4) The name, address, and contact information for each food recovery organization
that the food recovery service transports edible food to for food recovery.
(b) Food recovery organizations collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement established
under 14 CCR Section 18991.3(b), shall maintain the following records, or as
otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each commercial edible food
generator from which the organization receives edible food.
(2) The quantity in pounds of edible food received from each commercial edible food
generator per month.
(3) The name, address, and contact information for each food recovery service that
the organization receives edible food from for food recovery.
(c) Food recovery organizations and food recovery services that have their primary
address physically located in the city and contract with or have written agreements
with one or more tier one or tier two commercial edible food generators pursuant to
14 CCR Section 18991.3(b) shall submit food recovery reports, as defined below, to
the enforcement entity according to the following schedule:
(1) On or before August 1, 2022, food recovery organizations and food recovery
services shall submit a food recovery report for the period of January 1, 2022
through June 30, 2022;
(2) On or before May 1, 2023, and on or before May 1st each year thereafter, food
recovery organizations and food recovery services shall submit a food recovery
report for the period covering the entire previous calendar year.
(d) Food recovery reports submitted by food recovery services or organizations shall
include the following information:
(1) Total pounds of edible food recovered in the previous calendar year from tier one
and tier two edible food generators they have established a contract or written
agreement with pursuant to 14 CCR Section 18991.3(b).
(2) 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 within Santa Clara County.
(e) In order to support edible food recovery capacity planning assessments or other
studies conducted by the county, city, its designee, or regional agency, food
recovery services and food recovery organizations operating in the city shall provide
information and consultation to the city or regional agency, 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 enforcement entity shall
respond to such request for information within 60 days, unless another timeframe is
otherwise specified by the city or regional agency.
6.04.250 — Hauler and facility operator requirements.
(a) Requirements for haulers
(1) The exclusive hauler providing single-family, multi -family residential dwellings,
and commercial recyclable materials, organic waste, C&D, and solid waste
collection services to generators within the city's boundaries shall meet the
following requirements and standards:
(A) Transport:(i) source separated recyclable materials to a facility that
recovers recyclable materials; (ii) transport source separated organic
materials to a facility, operation, activity, or property that recovers organic
waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and (iii) solid
waste to a disposal facility; and all facilities shall be approved by the
regional agency through the exclusive hauler's collection agreement with
the regional agency.
(2) The exclusive hauler authorized to collect source separated materials and solid
waste shall comply with education, equipment, signage, container labeling,
container color, contamination monitoring, reporting, and other requirements
contained within its franchise agreement entered into by the exclusive hauler
and the regional agency.
(b) Requirements for facility operators and community composting operations.
Owners of facilities, operations, and activities that recover organic waste,
including, but not limited to, compost facilities, in -vessel digestion facilities, and
publicly -owned treatment works shall, upon city or regional agency 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 or regional agency shall respond within 60 days.
6.04.260 — Self -hauler requirements.
(a) Self -haulers shall source separate all materials in a manner consistent with 14 CCR
Sections 18984.1 and 18984.2, or shall haul organic waste that is mixed with solid
waste to a high diversion organic waste processing facility as specified in 14 CCR
Section 18984.3.
(b) Self -haulers shall haul their source separated materials to facilities that recover
those materials. Alternatively, self -haulers may haul organic waste that is mixed
with solid waste to a high diversion organic waste processing facility.
(c) Self -haulers that are owners or property managers of commercial businesses and
multi -family residential dwellings shall keep a record of the amount of recyclable
materials and organic waste delivered to each solid waste facility, operation,
activity, or property that processes or recovers recyclable materials and/or organic
waste. This record shall be subject to Inspection by the city, its designee, or
regional agency. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the recyclable
materials, organic waste, or solid waste.
(2) The amount of discarded material in cubic yards or tons transported by the
generator to each entity.
(3) If the discarded 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 recyclable materials, organic waste, or solid
waste.
(d) Self -haulers that are owners or property managers of commercial businesses and
multi -family self -haulers shall provide information collected in 6.04.260(c) to city, its
designee, or regional agency, if requested.
(e) A single-family generator that self -hauls recyclable materials, organic waste, or
solid waste is not required to record or report information in 6.04.260(c) and (d).
6.04.270 — Inspections and investigations by city.
(a) The enforcement entity 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 discarded materials collected from
generators, or source separated materials to confirm compliance with this chapter
by single-family generators, commercial businesses, multi -family residential
dwellings, property owners, commercial edible food generators, haulers, self -
haulers, food recovery services, and food recovery organizations, and other entities
regulated hereunder subject to applicable laws. This section does not allow the
enforcement entity to enter the interior of a private residential property for
Inspection. For the purposes of inspecting commercial business and multi -family
residential dwellings containers for compliance of this chapter, city may conduct
container inspections for prohibited container contaminants using remote
monitoring, and commercial businesses and multi -family residential dwellings shall
accommodate and cooperate, if applicable, with the remote monitoring pursuant to
this chapter.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with the enforcement
entity's employee during such Inspections and investigations. Such inspections and
investigations may include confirmation of proper placement of materials in
containers, edible food recovery activities, records, or any other requirement of this
chapter described herein. Failure to provide or arrange for: (i) access to an entity's
premises; (ii) installation and operation of remote monitoring equipment; or (iii)
access to records for any Inspection or investigation is a violation of this chapter
and may result in penalties described.
(c) Any records obtained during Inspections, remote monitoring, and other reviews
shall be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section 6250 et seq.
(d) The enforcement entity shall receive written complaints from persons regarding an
entity that may be potentially non -compliant with this chapter, including receipt of
anonymous complaints.
6.04.280 — Enforcement.
(a) Violation of any provision of this chapter shall constitute grounds for issuance of a
notice of violation and assessment of a fine. Other remedies allowed by law may be
used, including civil action or prosecution as misdemeanor or infraction. The
responsible entity for enforcement may pursue civil actions in the California courts
to seek recovery of unpaid administrative citations. The enforcement entity may
choose to delay court action until such time as a sufficiently large number of
violations, or cumulative size of violations exist such that court action is a
reasonable use of entity's resources.
(b) Responsible entity for enforcement
(1) Enforcement pursuant to this chapter may be undertaken by the city
enforcement official, regional agency enforcement official, county agency
enforcement official, designee, or combination thereof, as defined in this
chapter.
(A) The enforcement entity will interpret this chapter; determine the
applicability of waivers, if violation(s) have occurred; implement
enforcement actions; and, determine if compliance standards are met.
(B) The enforcement entity's procedures on imposition of administrative fines
are hereby incorporated in their entirety, as modified from time to time, and
shall govern the administrative citations issued to enforce this chapter and
any rule or regulation adopted pursuant to this chapter, except as
otherwise indicated in this chapter.
(c) Process for enforcement
(1) The enforcement entity and exclusive hauler will monitor compliance with the
chapter randomly and through compliance reviews, route reviews, investigation
of complaints, and an inspection program (that may include remote monitoring).
This chapter establishes city's right to conduct inspections and investigations.
(2) The enforcement entity may issue an official notification to notify regulated
entities of its obligations under this chapter.
(3) For incidences of prohibited container contaminants found in containers, the
enforcement entity will issue a notice of violation to any generator found to have
prohibited container contaminants in a container. Such notice will be provided
via a cart tag or other communication immediately upon identification of the
prohibited container. If the enforcement entity or exclusive hauler observes
prohibited container contaminants in a generator's containers on more than
three (3) consecutive occasion(s), the enforcement entity or exclusive hauler
may assess contamination processing fees or contamination penalties on the
generator.
(4) With the exception of violations of generator contamination of container
contents addressed under 6.04.280(c)(3), the enforcement entity shall issue a
notice of violation requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the notice
of violation, the enforcement entity shall commence an action to impose
penalties, via an administrative citation and fine, pursuant to the city's municipal
code, chapter 6.10.180 administrative penalties and procedures.
Notices shall be sent to "owner" at the official address of the owner maintained
by the tax collector for the city or if no such address is available, to the owner at
the address of the dwelling or commercial property or to the party responsible
for paying for the collection services, depending upon available information.
(d) Penalty amounts for types of violation. The penalty levels follow city municipal code,
chapter administrative penalties and procedures.
(e) Compliance deadline extension considerations. The enforcement entity 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.
(f) Appeals process. Persons receiving an administrative citation containing a penalty
for an uncorrected violation may request a hearing to appeal the citation. A hearing
will be held only if it is consistent with city's procedures in the city municipal code,
chapter 6.10.
(g) Education period for non-compliance. Beginning January 1, 2022 and through
December 31, 2023, the enforcement entity will conduct inspections, remote
monitoring, route reviews or waste evaluations, and compliance reviews, depending
upon the type of regulated entity, to determine compliance, and if the enforcement
entity determines that organic waste generator, self -hauler, hauler, tier one
commercial edible food generator, food recovery organization, food recovery
service, or other entity is not in compliance, it shall provide educational materials to
the entity describing its obligations under this chapter and a notice that compliance
is required by January 1, 2022 and that violations may be subject to administrative
civil penalties starting on January 1, 2024.
(h) Civil penalties for non-compliance. Beginning January 1, 2024, if the enforcement
entity determines that an organic waste generator, self -hauler, hauler, tier one or
tier two commercial edible food generator, food recovery organization, food
recovery service, or other entity is not in compliance with this chapter, it shall
document the noncompliance or violation, issue a notice of violation, and take
enforcement action pursuant to this chapter, as needed.
6.04.290 — Effective date.
This chapter shall be effective commencing on January 1, 2022.
THEREFORE, BE IT RESOLVED that the City Council adopts an Ordinance amending
section 6.10.020 and replacing chapter 6.04 of the City of Campbell municipal code to
implement SB 1383 discarded materials and excluded waste management and
requirements.
PASSED AND ADOPTED this 2nd day of November, 2021, by the following roll call
vote:
AYES: COUNCILMEMBERS: Bybee, Landry, Lopez, Resnikoff, Gibbons
NOES: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
(�E4i-zabeth "Liz" 6,6bons, Mayor
ATTEST:
OL
Dusty Christopherson, City Clerk