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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