CC Ordinance 2303 - Amend Ch. 6.04 and 6.12 of CMC - Updated Construction and Demolition Program Requirements ORDINANCE NO. 2303
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING
CHAPTER 6.04 AND CHAPTER 6.12 OF THE CITY OF CAMPBELL MUNICIPAL
CODE TO IMPLEMENT UPDATED CONSTRUCTION AND DEMOLITION PROGRAM
REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION ONE: Chapter 6.04 of the Campbell Municipal Code is hereby amended to
read as follow:
Chapter 6.04 - DISCARDED MATERIALS, CONSTRUCTION AND DEMOLITION
DEBRIS AND EXCLUDED WASTE MANAGEMENT1
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 SB 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 non-residential premises such
as firms, partnerships, proprietorships, joint-stock companies, corporations, or
an association where business activities are conducted including, but not
limited to, retail sales, services, wholesale operations, manufacturing, and
industrial operations, or as otherwise defined in 14 CCR Section 18982(a)(6).
However, this definition excludes multi-family residential premises, strip malls,
industrial facilities, or businesses conducted upon a residential property that
complies with applicable zoning regulations and is not the primary use of the
property, whether for-profit or nonprofit..
(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 one hundred cubic yards and seven hundred fifty 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 or its designee 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.
(j) "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) "Construction and demolition debris" or "C&D debris" means discarded building
materials, packaging, debris, and rubble resulting from construction, alteration,
remodeling, repair, or demolition operations on any pavements, excavation
projects, houses, commercial buildings, or other structures, excluding excluded
materials and universal waste. C&D debris includes rocks, soils, tree remains,
and other yard trimmings that result from land clearing or land development
operations in preparation for construction.
(I) "Container(s)" mean bins, carts, and roll-off boxes.
(m) "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).
(n) "County" means the County of Santa Clara, California.
(o) "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.
(p) "Customer" means the person who receives the exclusive hauler's or C&D
hauler's services and to whom the exclusive hauler or C&D 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 other
designated responsible person by the owner of the premises, as allowed under
the city code.
(q) "C&D hauler" means the collection contractor that has been granted the
exclusive or non-exclusive rights to collect C&D debris in the city through the
agreement entered into by the collection contractor and the regional agency.
(r) "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.
(s) "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.
(t) "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.
(u) "Disposal" or "dispose" (or any variation thereof) means the final disposition of
solid waste, or processing residue at a disposal facility.
(v) "Dwelling unit" means any individual living unit in a single-family dwelling, multi-
family dwelling, structure or building, mobile home, or motor home located on a
permanent site intended for, or capable of being utilized for, residential living
other than a hotel or motel.
(w) "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.
(x) "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.
(y) "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, other designee, or a
combination of those entities.
(z) "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 Ill 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.
(aa) "Exclusive hauler" means the collection contractor that has been granted the
exclusive rights to collect recyclable materials, organic materials, and solid
waste in the city through the agreement entered into by the collection
contractor and the regional agency.
(bb) "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).
(cc) "Food facility" has the same meaning as in Section 113789 of the Health and
Safety Code.
(dd) "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).
(ee) "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.
(ff) "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.
(gg) "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 food waste. Food scraps exclude fats, oils, and grease when such materials
are source separated from other food scraps.
(hh) "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).
(ii) "Food-soiled paper" is compostable paper material that has come in contact
with food or liquid, such as, but not limited to, compostable paper plates, paper
coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled paper is a
subset of food waste.
(jj) "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. Food
waste is a subset of organic materials.
(kk) "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 inches in diameter), garden and
tree fruits and vegetables, and similar materials generated and Source
Separated from other materials at the Premises.
(mm) "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).
(nn) "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).
(oo) "Health facility" has the same meaning as in Section 1250 of the Health and
Safety Code.
(pp) "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 fifty percent between January 1, 2022 and December 31, 2024, and
seventy-five 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).
(qq) "Hotel" has the same meaning as in Section 17210 of the Business and
Professions Code.
(rr) "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).
(ss) "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 two thousand 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.
(tt) "Large venue" means a permanent venue facility that annually seats or serves
an average of more than two thousand 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.
(uu) "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).
(vv) "Multi-family residential dwelling" or "multi-family" means of, from, or pertaining
to residential premises with five 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
dwelling units shall be considered single-family.
(ww) "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).
(xx) "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.
(yy) "Occupant" means the person who occupies a premises.
(zz) "Organic materials" means green waste, food waste, lumber, and wood waste.
(aaa) "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.
(bbb) "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).
(ccc) "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).
(ddd) "Overage" means discarded materials exceeding the container's intended
capacity such that (i) the container's lid is lifted by at least one inch (or would
be lifted by at least one inch if there was a lid); or, (ii) discarded materials are
placed on top of or in the immediate vicinity of the container.
(eee) "Owner" means the person(s) holding legal title to real property and/or any
improvements thereon and shall include the person(s) listed on the latest
equalized assessment roll of the county assessor, or as otherwise defined in
14 CCR Section 18982(a)(57).
(fff) "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).
(ggg) "Premises" means any land or building in the city where recyclable
materials, organic materials, solid waste, or C&D are generated or
accumulated.
(hhh) "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).
(iii) "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).
(jjj) "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.
(kkk) "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).
(Ill) "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).
(mmm) "Recyclable materials" means materials that are intended for the purposes
of being reused or recycled. The particular materials eligible to be recycled
through the City's programs shall be specified from time to time by the regional
agency.
(nnn) "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.
(000) "Recycled-content paper" means paper products and printing and writing
paper that consists of at least thirty percent, by fiber weight, postconsumer
fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(ppp) "Regional agency" means the West Valley Solid Waste Management
Authority.
(qqq) "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.
(rrr) "Remote monitoring" means the use of the internet of things (loT) 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.
(sss) "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).
(ttt) "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).
(uuu) "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).
(vvv) "Salvage" means the controlled removal of C&D debris from a covered
project, for the purpose of reuse or storage for later reuse.
(www) "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.
(xxx) "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.
(yyy) "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.
(zzz) "Service level" means the size of a customer's container(s) and the
frequency of collection service.
(aaaa) "Share table" has the same meaning as in Section 114079 of the Health
and Safety Code.
(bbbb) "Single-family" means of, from, or pertaining to any residential premises
with fewer than five units.
(cccc) "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.
(dddd) "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.
(eeee) "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.
(f ff) "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.
(gggg) "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.
(hhhh) "State" means the State of California.
(iiii) "Supermarket" means a full-line, self-service retail store with gross annual
sales of two million dollars, 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).
(jjjj) "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 ten thousand
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.
(kkkk) "Tier two commercial edible food generator" means the following:
(1) Restaurant with two hundred fifty or more seats, or a total facility size
equal to or greater than five thousand square feet.
(2) Hotel with an on-site food facility and two hundred or more rooms.
(3) Health facility with an on-site food facility and one hundred or more beds.
(4) Large venue.
(5) Large event.
(6) State agency with a cafeteria with two fifty or more seats or total cafeteria
facility size equal to or greater than five thousand 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.
(1111) "Transportation" or "transport" means the act of conveying discarded materials
and C&D debris from one location to another.
(mmmm) "Universal waste" means waste defined by 22 CCR Subsections 66273.1
through 66273.9, including, but not limited to batteries, fluorescent light bulbs,
mercury switches, and E-waste.
(nnnn) "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.
(0000) "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, C&D debris 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 containers provided by the
exclusive hauler or C&D hauler. Storage within buildings, or outside and within five
feet of a combustible surface, must be within a metal container. 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. Containers 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 containers 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.
The exclusive hauler for collection of discarded materials is granted by the city the
rights to encroach on the public right of way, including if necessary, bike lanes, for
that period during which containers are permitted to be placed by the exclusive
hauler's customers in such right of way for curbside collection from a residential or
commercial premises during specific times of collection as prescribed in the
agreement entered into by the exclusive hauler and the regional agency. 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 exclusive hauler.
(b) No person shall collect C&D debris produced, kept or accumulated within the city,
unless such person holds a valid and current contract with the regional agency or is
an agent or employee of the city acting within the course and scope of their
employment.
6.04.030 Burying and burning of discarded materials, C&D debris and excluded
waste.
(a) No person shall place any discarded materials, C&D debris, 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 containers.
(a) It is unlawful for any person to deposit, keep, accumulate, or permit or cause any
discarded materials or C&D debris to be deposited, kept, or accumulated in any
discarded materials or C&D debris 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 or C&D debris container.
(b) No person other than the owner, his agents or employees or the exclusive hauler or
C&D hauler shall handle any discarded materials or C&D debris containers or
remove the contents thereof from the location where the same has been placed by
such owner or his agent.
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, unless the commercial, business, apartment, multi-family complex, or
industrial manufacturing occupancy has been approved to share discarded material
collection service by the city or regional agency.
(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 and C&D debris 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 watertight, and so arranged as not to permit
dust, liquid, 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.
(b) C&D debris may be removed and carried on and along a public right-of-way of the
city provided that same be carried, conveyed, or hauled in conveyances so
constructed as to prevent C&D debris contained therein from spilling, falling, or
escaping therefrom. The contents of such conveyances must be completely covered
at the pick up location before transporting 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, telephone number,
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.
(b) For the collection and transport of C&D debris, an exclusive or non-exclusive
contract may be entered into by the city or regional agency in accordance with the
terms and conditions of this chapter. The regional agency may impose a limit on the
number of non-exclusive C&D haulers.
6.04.100 Liability of all occupants for charges.
(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 ratified by the regional agency.
(b) All C&D debris collection services in the city shall be collected in accordance with
the C&D debris collection services franchise agreement.
6.04.110 Billing owner.
(a) In the case of premises containing more than one dwelling unit or place of business
or both, such charges may be charged to the owner of such premises who shall
collect such charges 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 charges from any
such occupant and remit same to exclusive hauler, the owner shall be liable to
exclusive hauler for the payment of such charges.
6.04.120 Discontinuance or suspension of service.
(a) Rates shall only be applicable during the time that a premises is occupied and
utilities are connected. No charge shall be made for a billing period during which
utilities are disconnected for instances where the premises is expected to be vacant
for no less than thirty (30) days.
6.04.130 Collection.
(a) It is unlawful for any person other than the city or exclusive hauler to engage in the
business of collecting, disposing, transporting, carrying, or conveying discarded
materials through the city public right-of-way. Excluding municipal county collection
or disposal contractors serving the municipalities' discarded materials collection
district, state, or federal institutions or any person in the employ of such
governmental agencies, 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) Items source separated at any premises by the generator and donated or sold
to other persons, including youth, civic, or charitable organization.
(2) Recyclable materials and organic materials other than edible food that have
been source separated from solid waste by a premises and that: (1) premises
sells or donates to any other person, provided that there is no net payment
made by the premises to such other person; or, (2) have a value of equal to or
more than the cost of collection.
(3) Commercial business owner or resident may collect and transport discarded
materials for processing generated in or on their own premises with their own
vehicle. However, the owner or resident shall be required to subscribe to and
pay for the minimum required level of discarded materials collection service
provided by the exclusive hauler.
(4) Edible food that is collected from a generator by other person(s), such as a
person from a food recovery organization or food recovery service, for the
purposes of food recovery, or that is transported by the generator to another
person(s), such as a person from a food recovery organization, for the
purposes of food recovery, regardless of whether the generator donates, sells,
or pays a fee to the other person(s) to collect or receive the edible food from
the generator.
(5) Food scraps that are separated by the generator and used by the generator or
distributed to other person(s) for lawful use as animal feed, in accordance with
14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be
self-hauled by generator or hauled by another party.
(6) Containers delivered for recycling under the California Beverage Container
Recycling and Litter Reduction Act, Section 14500, et seq. California Public
Resources Code.
(7) Discarded materials removed from a premises by a contractor (e.g., gardener,
landscaper, tree-trimming service, construction contractor, residential clean-out
service) as an incidental part of the service being performed, rather than as a
separately contracted or subcontracted hauling service; or if such contractor is
providing a service that is not provided by the exclusive hauler.
(8) Organic materials composted on a residential premises or otherwise legally
managed at the site where they are generated or at a community composting
site.
(9) Animal waste and remains from slaughterhouse or butcher shops, or grease.
(10) By-products of sewage treatment, including sludge, sludge ash, grit, and
screenings.
(11) Excluded materials regardless of their source.
(12) Materials generated by State and county facilities located in the city, including
but not limited to public schools, provided that the facility self-hauls, has
arranged services with other persons, or has arranged services with the
contractor through a separate agreement.
(c) No person shall collect C&D debris produced, kept, or accumulated within the
city, unless such person holds a valid and current contract with the regional agency or is
an agent or employee of the city acting within the course and scope of their
employment.
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 that are contained in a container of the type or kind
prescribed by this chapter, that are accessible to the exclusive hauler as prescribed
in the agreement entered into by the exclusive hauler and the regional agency..
(b) All C&D debris shall be contained in roll-off containers. Such containers shall be
kept in a suitable location upon such premises, readily accessible to the collector.
C&D debris containers shall not be placed on a public right-of-way or private alley
except when approved by the city.
6.04.160 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, to avoid overage, 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.
6.04.170 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, to avoid overage,
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 determined by the city,
its designee, or regional agency. If the commercial businesses and multi-family
residential dwellings do not increase their service level as requested by the
city, its designee, or regional agency, the city, its designee, or regional agency
may require the exclusive hauler to increase their service level and bill the
commercial businesses and multi-family residential dwellings for the increased
service level required to prevent overages.
(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 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 Section 6.02.260 of 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 agreement between the city's regional agency and the
exclusive hauler, 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 March 1, 2024, 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).
6.04.180 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 twenty 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 ten 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 five years or
other interval deemed appropriate by the city or regional agency for special
circumstances, if city or regional agency has approved de minimis waiver.
(5) Pay any applicable application fee, which may be established by resolution of
the city council or regional agency.
(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 or other interval deemed appropriate by
the city or regional agency for special circumstances, if city or regional agency
has approved application for a physical space waiver.
(4) Pay any applicable application fee, which may be established by resolution of
the city council or regional agency.
(c) The city and regional agency shall be responsible for review and determination of
any waiver submitted for approval.
6.04.190 - Commercial edible food generators requirements.
6.04.200 - Requirements for food recovery organizations and services.
6.04.210 Hauler and facility operator requirements.
(a) Requirements for haulers.
(1) The exclusive hauler providing discarded materials collection for single-family,
multi-family residential dwellings, and commercial recyclable materials, organic
waste, 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) 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.
(3) The C&D hauler providing C&D collection services to generators within the
city's boundaries shall comply with all requirements contained within its
agreement entered into by the C&D hauler and 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 sixty days.
6.04.220 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).
6.04.230 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.
6.04.240 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 authorize or 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 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 sixty 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 6.10.180 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.
SECTION TWO: Chapter 6.12 of the Campbell Municipal Code is hereby amended to
read as follow:
6.12.010 Definitions.
For purposes of this chapter, the following definitions apply:
"Approved C&D processing facility" means any of the facilities, used to process
C&D, which have been approved by the regional agency.
"Construction and demolition debris" or "C&D" means discarded building materials,
packaging, debris, and rubble resulting from construction, alteration, remodeling, repair
or demolition operations on any pavements, excavation projects, houses, commercial
buildings, or other structures, excluding excluded materials and universal waste. C&D
debris includes rocks, soils, tree remains, and other yard trimmings that result from land
clearing or land development operations in preparation for construction.
"Contractor" means any person or entity holding, or required to hold, a contractor's
license of any type under the laws of the state of.California, or who performs (whether
as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition,
remodeling, renovation, or landscaping service relating to buildings or accessory
structures in the city of Campbell.
"Covered project" means and includes any project for new construction, building
renovation, remodel, addition or alternations and demolition projects that meet
California Green Building Standards Code, 24 CCR, Part 11 (CALGreen) requirements.
"Designated recyclable and reusable materials" means and includes:
(1) Inert solids, including asphalt, concrete, rock, stone, brick, sand, soil and fines;
(2) Wood materials; including any and all dimensional lumber, fencing or
construction wood that is not chemically treated, creosoted, CCA pressure
treated, contaminated or painted;
(3) Vegetative materials, including trees, tree parts, shrubs, stumps, logs, brush or
any other type of plants that are cleared from a site for construction or other
use;
(4) Metals, including all metal scrap such as, but not limited to, pipes, siding,
window frames, door frames and fences;
(5) Roofing materials including wood shingles and shakes as well as asphalt,
stone and slate based roofing material;
(6) Salvageable materials and structures, including, but not limited to doors,
windows, fixtures, hardwood flooring, sinks, bathtubs and appliances.
"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.
"Salvage" means the controlled removal of C&D debris from a covered project, for
the purpose of reuse or storage for later reuse;
"Structure" means anything constructed or erected.
6.12.030 - Requirement to divert C&D debris.
This section sets forth that all covered projects must comply with the following
provisions of the most current California Green Building Standards Code
(CALGreen) Sections:
(a) 4.408.1 Construction Waste Management Residential (recycling requirements)
(b) 5.408.1 Construction Waste Management Non-Residential (recycling requirements)
(c) 5.408.2 Diversion by Waste Management Non-Residential (universal waste
diversion requirements)
6.12.040 Approved C&D processing facilities.
(a) The regional agency is authorized to designate and approve C&D processing
facilities. The regional agency shall issue an approval only if the owner or operator
of the facility submits documentation satisfactory to the regional agency and shall
obtain third party certification for mixed C&D processing.
(b) C&D processing facilities shall, as a condition of their approval, agree to terms and
conditions set forth by the regional agency.
6.12.050 Declaration of intent.
(a) Applicants for construction, demolition or other development permits for projects
under this chapter shall execute a declaration of intent to recycle construction and
demolition debris for a covered project at the required rate set by California's Green
Building Standards Code.
6.12.060 Administrative fee.
6.12.070 Reporting.
(a) No later than thirty days following the completion of a covered project, the
contractor shall, as a condition of final approval and for issuance of any certificate
of occupancy, certify C&D debris was recycled at the diversion rate set by
California's Green Building Standard Code and submit documentation to
department of public works that demonstrates compliance with the requirements of
this chapter.
(b) The documentation shall be submitted in a form consistent with city requirements
and consist of receipts and weight tags or other records of measurement or
equivalent documentation from recycling and processing companies,
deconstruction contractors, and landfill and disposal companies approved by the
regional agency.
(c) Progress reports during construction may be required.
(d) All documentation submitted pursuant to this section is subject to verification by
city.
(e) It is unlawful for any person to submit documentation to city under this section that
a person knows to contain any false statements, including but not limited to false
statements regarding tonnage of materials recycled or diverted, or to submit any
false or fraudulent receipt of weight tags or other record of measurement.
6.12.080 Violation a misdemeanor.
6.12.090 Responsible party.
6.12.010 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this
ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or
ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this ordinance or any part thereof.
The city and regional agency hereby declare that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance
irrespective of the fact that one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective. To this end, the provisions of this ordinance are declared severable.
THEREFORE, BE IT RESOLVED that the City Council adopts an Ordinance amending
chapters 6.04 and 6.12 of the City of Campbell municipal code to implement updated
construction and demolition program requirements.
PASSED AND ADOPTED this 20th day of February, 2024, by the following roll call
vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSTAINED: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED --5� ,
Susan M. Landry, Mayor
ATTEST: L/ G/E(?.A44,64
Andrea Sanders, City ( rk