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HomeMy WebLinkAbout759ORDINANCE NO.759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING CHAPTER 8.22 TO TITLE 8 ("HEALTH AND SAFETY") OF THE IRWINDALE MUNICIPAL CODE, ENTITLED "SPECIFIC REGULATIONS FOR ORGANICS WASTE DISPOSAL, REDUCTION, RECYCLING, AND SOLID WASTE COLLECTION," TO ENACT REGULATIONS IN COMPLIANCE WITH SENATE BILL (SB) 1383 FOR THE IMPLEMENTATION OF FOOD AND ORGANICS RECYCLING AND RELATED SOLID WASTE AND RECYCLING PROCESSING AND REPORTING AND ADOPTION OF AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. A. RECITALS WHEREAS, a city council may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment, and WHEREAS, Assembly Bill 341 of 2011 places requirements on businesses and multi -family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program; and WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi -family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery ("Cal Recycle") to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations ("SB 1383 Regulations") place requirements on multiple entities including the City of Irwindale, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self -haulers, 01005.0014/760023.1 Ordinance No. 759 Page 1 food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets; and WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations, and to reduce community food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption; and WHEREAS, this Ordinance implements the requirements of AB 341, AB 1826, and the SB 1383 Regulations; and WHEREAS, on December 8, 2021, the City Council conducted a legally noticed public hearing for this Ordinance, and has considered all oral and written testimony from members of the public and City staff, including, but not limited to, all staff reports and exhibits and accompanying documents; and WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred. B. ORDINANCE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in the Ordinance. Section 2. The Ordinance is consistent with the City's General Plan, the Irwindale Municipal Code, and applicable Federal and State laws. Section 3. The Ordinance will not be detrimental to the public interest, health, safety, convenience or welfare. Section 4. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061 (b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, provided for in this Ordinance, will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, organics and recyclables, represent actions by a regulatory agency (the City) for the protection of the environment. Additionally, the proposed ordinance is not a "Project" for the purposes of CEQA as that term is defined in CEQA Guidelines Section 15378. Ordinance No. 759 Page 2 Section 5. The Ordinance is hereby adopted by the addition of a new Chapter 8.22, "SPECIFIC REGULATIONS FOR ORGANIC WASTE DISPOSAL REDUCTION, RECYCLING AND SOLID WASTE COLLECTION," in Title 8 of the Irwindale Municipal Code to read in its entirety as shown in Exhibit "A" attached hereto and incorporated herein by this reference. Section 6. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court. Section 7. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect in accordance with the "Effective Date" stated in Exhibit "A" after its final passage. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 12th day of January, 2022. Lar urrola, Mayor ATTE �-Ouia K., y u 3 M. Nieto, MMC of Deputy City Clerk 01005,0014/760023.1 Ordinance No. 759 Page 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } 1, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. 759 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on December 8, 2021 and adopted on second reading at a regular meeting of the City Council of the City of Irwindale held on January 12, 2022, and was carried by the following -roll call vote: AYES: Councilmembers: Ambriz, Breceda, Garcia, Mayor Burrola NOES: Councilmembers: None ABSENT: Councilmembers: Ortiz ABSTAIN: Councilmembers: None M. Nieto, MMC Deputy City Clerk AFFIDAVIT OF POSTING I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 759 adopted by the City Council of the City of Irwindale at its regular meeting held January 12, 2022, to be posted at the City Hall, Library, and Post Office on Januar�13, 2022. Dated: 13 �0-0 M. Nieto, MMC Deputy City Clerk Ordinance No. 759 Page 4 CHAPTER 08.22 - SPECIFIC REGULATIONS FOR ORGANIC WASTE DISPOSAL REDUCTION, RECYCLING, AND SOLID WASTE COLLECTION 08.22.010 - Purpose and Findings. 08.22.020 - Title of Ordinaitee. 08.22.030 - Definitions. 08.22.040 - Requirements for Single -Family Generators. 08.22.050 - Requirements for Commercial Businesses. 08.22.060 - Waivers for Generators. 08.22.070 - Requirements for Commercial Edible Food Generators. 08.22.080 - Requirements for Food Recovery Organizations and Services. 08.22.090 - Requirements for Haulers and Facility Operators. 08.22.100 - Self -Hauler Requirements. 08.22.110 - Compliance with CALGreen Recycling Requirements. 08.22.120 - Model Water Efficient Landscaping Ordinance Requirements (MWELO). 08.22.130 - Procurement Requirements for City Departments, Direct Service Providers, and Vendors. 08.22.140 - Inspections and Investigations. 08,22.150 - Enforcement. 08.22.160 - Coordination and Interpretation in Conjunction With Related Solid Waste Ordinances, 08.22.170- Effective Date. 8.22.010 Purpose and Findins. The City finds and declares: A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to tune), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdiction to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. B. State recycling law, Assembly Bill. 341 of 2011 (approved by the Governor of the State of California on. October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780,02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi -Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions such as the City of Irwindale to implement a Mandatory Commercial Recycling program. 01005.0014n52370.3 ilt C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 129 (commencing with Section. 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), -requires businesses and Multi -Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires jurisdictions such as the City of Irwindale to implement a recycling program to divert Organic Waste from, businesses subject to the law, and requires jurisdictions such as the City of Irwindale to implement a Mandatory Commercial Organics Recycling program. D. SB 13 83, the Short-lived Climate Pollutant Reduction. Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including City of Irwindale, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets. E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions such as the City of Irwindale to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, recovered for human consumption. 8.22.020 Title of Ordinance. This chapter shall be entitled "Specific Regulations for Organic Waste Disposal Reduction, Recycling and Solid Waste Collection". 8.22.030 Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended: "Bioplastic" is a plastic made from biobased, renewable materials; or a plastic that is biodegradable; or both. The term may not be well defined in common usage. "Black Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Mixed Waste. "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. "CalRecycle" means Ca.lifornia`s Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others). 01005.0014/752370.3 ilt 2 "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). "City" means the City of Irwindale. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for -profit or nonprofit, strip mail, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this ordinance 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), "Compliance Review" means a review of records by a jurisdiction to determine compliance with this ordinance. "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). "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Washes that are Source Separated fiom the municipal Solid Waste, stream, or which are separated at a centralized facility. "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). "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). "C&D" means construction and demolition debris. "City Enforcement Official" means the city manager or their authorized Designee(s) who is/are partially or wholly responsible for enforcing the ordinance. "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this ordinance 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. "Edible 1~ ood" means food intended for human consumption, or as otherwise defined in 14 CCR. Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not 01005,00141n2370 3 ift 3 discarded. Nothing in this ordinance 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. "Enforcement Action" means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. "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, which receive materials from the City andd its generators, reasonably believe 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 the City's or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Faroily 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, household batteries, universal wastes, and/or latex paint 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 or its Designee for collection services. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from. Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: 1. A food bank as defined in Section 113783 of the Health and Safety Code; 2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and 3. A nonprofit charitable temporary food 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 ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). O1005.0014/752,370.3 i t 4 If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance. "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defned.in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). "Food -Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. "Food Waste" means Food Scraps, Food -Soiled Paper, and Cornpostable Plastics, does not include Bio Plastics or Food -Soiled Paper Jived with any plastic or wax. "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). "Hauler Route" means the designated itinerary or sequence of stops for each segment of the City of Irwindale's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). "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, "Inspection" means a site visit where the City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food 01005.0014l752370.3 iit handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). "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 awned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section, 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. "Large Venue" means a pormanent 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, For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, 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. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, 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 ordinance. "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). "Mixed Waste Organic Collection Stream." or "Mixed Waste" means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5). "Multi -Family Residential Dwelling" or "Multi -Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi -Fancily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7. "Ion 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). "Non --Local Entity" means the following entities that are not subject to the City's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42). These entities may include, but are not limited to, special districts, federal facilities, facilities operated by the state or federal park system, public schools, and state agencies. 0I005.0014I7523703 jit "Non -Organic Recyclables" means non-putrescible and non -hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43), "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 defiled in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 19995.4. "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, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). "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). "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, boob 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). "Prohibited Container Contaminants" means the following: (i) discarded materials placed in a Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City of Irwindale's Green Container; (ii) discarded materials placed in the Black Container that are identified as acceptable Source Scparated Green Container Organic Waste, which are to be separately collected in City of Irwindale's Green Container; and, (iii) Excluded Waste placed in any container. "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). "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). "Recycled -Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsuzner fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). "Regional Agency" means regional agency as defined in Public Resources Code Section 40181. "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). 01005.0014/752370.3 ilt 7 "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). "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). "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. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. "Self -Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has 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). "Single -Family" means of, from, or pertaining to any residential premises with fewer than five (5) units. "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 :Fallowing 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 ofthe State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Coda Section 40195.1. Medical waste 01005.001417523703 ilt that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. "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 this ordinance, 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 Mixed Waste or other Solid Waste for the purposes of collection and processing. "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets,Non-Compostable Paper, and textiles. "State" means the State of California. "Supermarket" means a full -line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: (1) Supermarket. (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service provider. (4) Food Distributor. (5) Wholesale Food Vendor. 1f the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: (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. 01005.0014n52370.3 ilt 9 (5) Large Event. (6) A 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 ordinance. "Uncontainerized Green Waste and Yard Waste Collection Service" or "Uncontainerized Service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75). "Wholesale Food Vendox" 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). 8.22.040 Requirements for Single -Family Generators. Single -Family Organic Waste Generators shall comply with the following requirements except Single -Family generators that meet the Self -Hauler requirements in Section 8.22.100 of this ordinance: F, Shall subscribe to City's Organic Waste collection services for all Organic Waste generated as described below in Section 8.22.040(B). City of Irwindale shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single -Family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984,9(c), G. Shall participate in the City of Irwindale's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. I. A three- and three -plus -container collection service (Blue Container, Green Container, and Black Container) (a) Generator shall place only Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Green or Blue Container. 01005.0014n52370.3!It 10 8.22.050 Re uiremients for Commercial Businesses. Generators that are Commercial Businesses, including Multi -Family Residential Dwellings, shall: H. Subscribe to the City's two -container collection services and comply with requirements of those services as described below in Section 8.22.050(B), except Commercial Businesses that meet the Self -Hauler requirements in Section. 8.22.100 of this ordinance. The City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City. I. Except Commercial Businesses that meet the Self -Hauler requirements in Section 8.22.100 of this ordinance, participate in the City of Irwindale's Organic Waste collection service(s) by placing designated materials in designated containers as described below. I. Two -container collection service (Green Container/Black Container system). (a) Generator shall place only Source Separated Green Container Organic Waste in a Green Container. (b) Generator shall place all other materials (Mixed Waste) in a Black Container. J. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6(d)(1) and 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with City of Irwindale's Green Container, and Black Container collection service or, if self -hauling, per the Commercial Businesses' instructions to support its compliance with its self -haul program., in accordance with Section 8.22.100. K. Excluding Multi -Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CC12 Section 18984.9(b), the containers provided by the business shall have either: 1. A body or lid that conforms with the container colors provided through the collection service provided by City of Irwindale, 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, 01005.0014n52370.3 ilt 11 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. 2. 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 Section 18984.8, the container labeling ;requirements are required on new containers commencing January 1, 2022, L. Multi -Fancily Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 6(d) pursuant to 14 CCR Section 18984.9(b). 114. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi. -Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City of Irwindale's Green Container, and Black Container collection service or, if self - hauling, per the Commercial Businesses' instructions to support its compliance with its self -haul program, in accordance with Section 8.22.100 of this ordinance. N. Excluding Multi -Family Residential Dwellings, quarterly inspect Green Containers, and Black 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). O. Annually provide information to employees, contractors, tenants, and customers about Organic 'Taste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste. P. Provide education information before or within. fourteen (14) days of occupation of the premises to new tenants that describes requirements to beep Source Separated Green Container Organic Waste separate from Black Container Waste (when applicable) and the location of containers and the rules governing g their use at each property. Q. Provide or arrange access for the City or its Designee to their properties during all Inspections conducted in accordance with Section. 8.22.140 of this ordinance to confirm compliance with the requirements of this ordinance. R. Accommodate and cooperate with City's program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a latex date, to evaluate generator's compliance with Section 8.22.050(B). S. At Commercial Business's option and subject to any approval required from the City, implement a program for Inspection of the contents of its Green Containers and Black Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. 01003.00141752370.3 jlt 12 T. If a Commercial Business wants to self haul, meet the Self -.Hauler requirements in Section 8.22.100 of this ordinance. U. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.22.080 of'this ordinance. 8.22.060 Waivers for Generators. A. De Minimis Waivers. City may waive a Commercial Business' obligation {including Multi -Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.22.050(A)(2) below. Commercial Businesses requesting a de minimis waiver shall: I. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.22.060(A)(2) below, 2. Provide documentation that either: (a) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or, (b) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green Container comprises less than 10 gallons per week per applicable container of the business' total waste. 3. Notify City of Irwindale if circumstances change such that Commercial Business'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 of Irwindale has approved de minimis waiver. B. Physical. Space Waivers. City may waive a Commercial Business' or property owner's obligations (including Multi -Family Residential. Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City of Irwindale has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8,22.050. C. A Commercial Business or property owner may request a physical space waiver through the following process: 01005.0014n52370.3 fit 13 1. Submit an Exemption Request form to the Public Services Department 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 Green Containers including documentation from its hauler, licensed architect, or licensed engineer. I Provide written verif"tcation to the City that it is still eligible for physical space waiver every five years, if the City has approved an Exemption Request for a physical space waiver. D. Review and Approval of Waivers by Jurisdiction 1. Waivers will be reviewed and approved by the Public Services Director or a designee of the Public Services Director. 8.22.070 Requirements for Commercial Edible Food Generators. A. Tier One Commercial Edible Food Generators must comply with the requirements in Section 8,22.080 of this ordinance commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commen ing 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 City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section .18991.4, S. 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). 01005,00141752370.3 ilt 14 (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 naive, 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. 6. No later than the I" of each year commencing no later than January 1, 2023 for Tier One Commercial Edible Food Generators and January 1, 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City of Irwindale that includes the records listed in Section 8.22.070(C)(5), D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 495801 to Chapter 9 of fart 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). 8.22.080 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 189913(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. 01005AI41752370.311c 15 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 shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b). D. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City of Irwindale and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City of Irwindale it is located in the total pounds of Edible Food recovered in the previous calendar year from. the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement withpursuant to 14 CCR Section 18991.3(b) no Later than January 1, 2023 for Tier One Generators and January 1, 2024 for Tier Two Generators. E. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City of Irwindale shall provide information and consultation to the City of Irwindale, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City of Irwindale and its Commercial. Edible Food Generators, A Food Recovery Service or Food Recovery Organization contacted by the City of Irwindale shall respond to such request for information within 60 days, unless a shorter tirneframe is otherwise specified by the City of Irwindale. 8.22.090 Requirements for Haulers and .Facility Operators. A. Requirements for Haulers: Exclusive franchised hauler(s) providing residential, Commercial, or industrial Organic Waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a 01005.0014n52370.3 Jit 16 condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste: (a) Through written notice to the City annually on or before July 1, 2022, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste. (b) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. Notwithstanding the foregoing, hauler shall not be required to transport any containers with Prohibited Container Contaminants to a facility, operation, activity, or property that recovers Organic Waste. (c) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section. 8.22.110 of this ordinance, and the City of Irwindale's C&D Ordinance No 713, 2. Exclusive franchised hauler(s) authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement. B. Requirements for Facility Operators and Community Composting Operations 1. 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 request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including infon-nation about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days. 2. Community Composting operators, upon City of Irwindale request, shall provide information to the City of Irwindale to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City of Irwindale shall respond within 60 days. 8.22.100 Self Hauler Requirements. A. Self -Haulers shall source separate all recyclable materials and Organic Waste (materials that City of Irwindale otherwise requires generators to separate for 01005,0014/752370.3 ift 17 collection in the City of Irwindale's organics and recycling collection program) generated on -site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic 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 Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self -Haulers .may haul Organic Waste to a High Diversion Organic Waste Processing Facility. C. Self -Haulers that are Commercial Businesses (including Multi Family Residential Dwellings) shall beep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City of Irwindale. The records shall include the .following information: I . Delivery receipts and weight tickets from the entity accepting the waste, 2. The amount of material in cubic yards or tons transported by the generator to each entity. 3. If the material is transported to an entity that does not have scales on -site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self - Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. D. A residential Organic Waste Generator that self hauls Organic Waste is .not required to record or report information in Section 8.22. 1 00(C), 8.22.110 Compliance with CALGreen Recycling Requirements. A. Persons applying for a permit from the City of Irwindale for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements such as the Los Angeles County Green Building Standards Code, located in Section 15,10 of the City of Irwindale's municipal code, adopted by the City of Irwindale. If the requirements of CALGreen are more stringent them the requirements of this Section, the CALGreen requirements shall apply. B. Applicants shall refer to City of Irwindale's building code for complete CALGreen requirements including the adopted Los Angeles County Green Building Standards Code. C. For projects covered by CALGreen or more stringent requirements such as the Los Angeles County Green Building Standards Code adopted by the City of Irwindale, the applicants must, as a condition of the City of Irwindale's permit approval, comply with the following: 01005.0014/752370.3 jlt 18 L Where five (5) or more Multi -Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Green Container materials, consistent with the two -container collection program offered by the City of Irwindale, or comply with provision of adequate space for recycling for Multi -Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.41.0.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective fanuary 1, 2020. 2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Green. Container materials, consistent with the two - container collection program offered by the City of Irwindale, or shall comply with provision of adequate space for recycling for Multi -Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with City of Irwindale's C&D ordinance, Section 8.20,301 of City of Irwindale's municipal code, and all written and published City of Irwindale policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. 8.22.120 Model Water Efficient Landscaping Ordinance Requirements, L4 . A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City of Irwindale, who are constructing a new (Single -Family, Multi - Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 8.22.120. B. The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.22.120(a) above shall: 01005.0014/752370.3 ilt 19 1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following. (a) For landscape installations, Compost at a rate of a minitnurn of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. (b) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil'surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch, Designated insect habitat must be included in the landscape design plan as such. (c) Organic mulch materials made from recycled or post -consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post -consumer organic products are; not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. 2. The MWELO compliance items listed in this Section are not an inclusive Est of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.22.120(a) shall, consult the full MWELO for all requirements. The City of Irwindale adopted the Water Efficient Landscape Standards and Guidelines and can be found under Section 15.30 of the City of Irwindal.e's Municipal Code. D. If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires City of Irwindale to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. 8.22.130 Procurement Requirements for City Departments, Direct Service Providers and Vendors. A. City departments, and direct service providers to the City of Irwindale, as applicable, must comply with the City of Irwindale Recovered Organic Waste Product procurement policy and Recycled -Content Paper procurement policy. B. All vendors providing Paper Products and Printing and Writing Paper shall: 01005.0014/752370.3 ilt 20 1. If fitness and quality are equal, provide Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non -recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non -recycled items. 2. Provide. Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12. 3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City of Irwindale, This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. 4, Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City of Irwindale is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013), 5. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchased from the vendor on a schedule to be determined by the City of Irwindale, but not less than annually to the Recordkeeping Designee (both recycled -content and non -recycled content, if any is purchased) made by a division or department or employee of the City of Irwindale. Records shall include a copy of the invoice or other documentation of purchase such as a summary report from the vendor, written certifications as required in Section 4.2.A.3-4 for recycled -content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non - Recycled -Content Paper Products and/or non- Recycled -Content Printing and Writing Paper are provided, include a description of why Recycled - Content Paper Products anchor Recycled -Content Printing and Writing Paper were not provided. 6. All vendors providing printing services to the City of Irwindale via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (301K), by fiber weight, postconsuiner fiber, or as amended by Public Contract Code Section 12209. 8.22.140 lrusnect%ons and Investigations. A, City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Sepaxated materials to confirm compliance with this Ordinance by Organic Waste Generators, Commercial Businesses (including Multi -Family Residential Dwellings), property 01005.0014n523703 jit 21 owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food Recovery Services, and rood Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property far Inspection. B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City of Irwindale's employee or its designated entity/Designee during such Inspections and. investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises, or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described. C. Any records obtained by the City of Irwindale during its. Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. D. The City of Irwindale's representatives, its designated entity, anal/or Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. E. The City shall receive written complaints from persons regarding an entity that may be potentially non -compliant with SB 1383 Regulations, including receipt. of anonymous complaints. 8.22.150 Enforcement. A. Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City of Irwindale Enforcement Official or representative. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance, Notwithstanding the express provisions of the City's Municipal Code section 1.16.010, the City's procedures on imposition of administrative citations and assessment of a fine for violation of this ordinance shall apply to residential uses. B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City 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 City staff and resources. C. Responsible Entity for Enforcement 01005.0014n52370.3!It 22 1. Pursuant to this ordinance may be -undertaken by the City Enforcement Official, which may be the city manager or their designated entity, legal counsel, or combination thereof. 2. Enforcement Official(s) will interpret this ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. 3. Enforcement Official(s) may issue Notices of Violation(s) and administrative citations. D. Process for Enforcement 1. City Enforcement Officials acid/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 8.22.140 establishes the City's right to conduct Inspections and Investigations. 2. City may issue an official notification to notify regulated entities of its obligations under this ordinance, 3. Contamination Preverition (a) For incidents of Prohibited Container Contaminants found in containers, the City 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 Contaminants or within 5 days after determining that a violation has occurred. If the City observes Prohibited Container Contaminants in a generator's containers on more than three (3) occasion(s) in any calendar year, beginning January 1, the City may assess an administrative fine or penalty on the generator pursuant to the provisions of section 8.22.150(E). (b) in addition to the provisions of Section 8.22.150(D)(3)(a), for incidents of Prohibited Container Contaminants found by a hauler in containers, hauler will issue a notice of contamination 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 Contaminants or within 5 days after determining that a violation has occurred, If a hauler observes Prohibited Container Contaminants in a generator's containers on more than three (3) occasion(s) every calendar year starting January 1, the hauler shall have the right to assess a contamination service charge on the generator to cover the additional costs of processing Contaminated Containers per the current franchise hauler rate schedule. The foregoing contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the 01005,0014n52370..3 jit 23 assessment of a contamination service charge shall be adjadicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the hauler and the City to collect Organic Waste. 4. The exception of violations of generator contamination of container contents addressed under Section 8.22.150(D)(3), the City of Irwindale shall issue a Notice of Violation requiring compliance within 60 clays of issuance of the notice. 5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City of Irwindale shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City's ordinance or requirements contained in Section 8.22.150(J), Table 1, List of Violations. 6. Notice shall be sent to "owner" at the official address of the awner maintained by the tax collector for the City of Irwindale 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 E. Penalty amounts for violations of this Chapter shall be as follows: 1. For a first violation, the amount of the base penalty shall be $100 per violation. 2. For a second violation, the amount of the base penalty shall be $200 per violation. 3. For a third or subsequent violation, the amount of the base penalty shall be $500 per violation. F. Compliance Deadline Extension Considerations City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 8.22.150 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: I . Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; 2. Delays is obtaining discretionary permits or other government agency approvals; or, 3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City of Irwindale is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies, 01005_6014 s237©.3ilt 24 G. Appeals Process Receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A bearing will be held only if it is requested within the time prescribed and consistent with the City's procedures in the City's codes for appeals of administrative citations. Evidence may be presented at the hearing. H, Education Period for Non -Compliance January 1, 2022 and through December 31, 2023, City of Irwindale will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City of Irwindale 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 ordinance 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. I. Civil Penalties for Non -Compliance January 1, 2024, if the City of Irwindale determines that an. Organic Waste Generator, Self -Hauler, hauler, Tier One or `Pier Two Commercial Edible Food Generator, Food Recovery Organization., Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance; or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 8,22.150, as needed. J. Enforcement Table Table 1. List of Violations Commercial Business and Commercial Commercial Business fails to provide or arrange for Business Owner Responsibility Organic Waste collection services consistent with the City Requirement of Irwindale requirements and as outlined in this ordinance, for employees, contractors, tenants, and customers, Sections 08.22.050 including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color. Organic Waste Generator Requirement Organic Waste Generator fails to comply with requirements adopted pursuant to this ordinance for the collection and Sections 0$.22.040 and 08:22.050 Recovery of Organic Waste. Hauler Requirement A hauler providing Residential, Commercial or industrial Organic Waste collection service fails to transport Organic Section 08.22.090 Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this ordinance. Hauler Requirement A hauler providing residential, Commexcial, or industrial Organic Waste collection service fails to obtain applicable 01005.0014/752370.3 ilt 25 Section 09.22.090 approval issued by the City to haul Organic Waste as prescribed by this ordinance. Hauler Requirement A hauler fails to peep a record of the applicable Section 08.22.090 documentation of its approval by the City, as prescribed by this ordinance. Self -Hauler Requirement A generator who is a Sclfwhaulerfails to comply with the Section 08.22.100 requirements of 14 CCR Section 18988.3(b). Commercial Edible Food Generator Tier One Commercial Edible Food Generator fails to Requirement arrange to recover the maximum amount of its Edible Food Section 08.22.070 that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2022. Commercial Edible Food Generator Tier Two Commercial Edible Food Generator fails to Requirement arrange to recover the maximum amount of its Edible, Food Section 08.22,070 that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2024. Commercial Edible Food Generator Tier One or Tier Two Commercial Edible Food Generator Requirement intentionally spoils Edible Food that is capable of being Section 08.22.070 recovered by a Food Recovery Organization or Food Recovery Service. Organic Waste Generator, Commercial Failure to provide or arrange for access to an entity's Business Owner, Commercial Edible premises for any Inspection or investigation. Food Generator, Food Recovery Organization or Food Recovery Service Sections 08.22.050 and 08.22,070 Recordkeeping Requirements for Tier One or Tier Two Commercial Edible Food Generator Commercial Edible Food Generator fails to keep records, as prescribed by Section 08.22.070, Section 08,22.070. Recordkeeping Requirements for Food A Food Recovery Organization or Food Recovery Service Recovery Services and Food Recovery that has established a contract or written agreement to Organizations collect or receive Edible Food directly from a Commercial Section 08.22.080 Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by Section 08.22.o8o, 8.22.160 Coordination and Interpretation in Conjunction with Related Solid Waste Ordinances. in interpreting this ordinance in conjunction with the City's general solid waste regulations (Municipal Code Chapter 08.20, entitled "Solid Waste Collection and Salvage 01005.0014/752370.3 ilt 26 of Recyclable Materials"), in the event of any conflict between this Chapter and Chapter 08.20 that cannot be reasonably harmonized through the application of lawful principles of statutory construction, the provisions of this Chapter shall control with respect to all issues specific to the regulation of organic and food waste collection, disposal, enforcement and penalties. 8.22.170 Effective date. This ordinance shall be effective commencing on February 11, 2022. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this 12th day of January 2022. t LAUP,A. M. NIETO, MMC, CHIEF DEPUTY CITY CLERK. APPROVED AS TO FORM: f ADRIAN R. GUERRA, CITY ATTORNEY 01005,0014/752370.3 ilt 27