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Home My WebLink About2022/06/14 Post Meeting Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, June 14, 2022, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings AT&T U-verse ch. 99 (San Diego County) & Cox ch. 24 (Chula Vista) in English only Welcome to your City Council Meeting PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways: In-Person. The community is welcome to make public comments at this City Council meeting. • Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted until the conclusion of public comments for the item and are viewable online upon submittal. If you have difficulty submitting eComments, email comments to: cityclerk@chulavistaca.gov • HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to Spanish, please click on "ES" in the bottom right hand corner. Meetings are available anytime on the City's website (English and Spanish). ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor. - Five minutes* for specific items listed on the agenda - Three minutes* for items NOT on the agenda (called to speak during Public Comments) - A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. *Individuals who use a translator will be allotted twice the amount of time. GETTING TO KNOW YOUR AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items. PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. The hearing is closed, and the City Council may discuss and take action. ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective immediately. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval. PROCLAMATIONS are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. 2022/06/14 City Council Post Agenda Page 2 of 636 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1.Presentation by Cesar Hernandez, Clean Mobility Options Program Manager, Regarding the New Chula Vista Community Shuttle Program 10 4.2.Presentation of a Proclamation Proclaiming June 2022 as Myasthenia Gravis Awareness Month in the City of Chula Vista 4.3.Presentation of a Proclamation to Edward H. Chew, III in Recognition of His Retirement and 31 Years of Service with the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.13) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. 5.1.Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2.Consideration of Requests for Excused Absences 23 RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 5.3.Senate Bill 1383: Amendments to Chula Vista Municipal Code Chapters 8.24 (Solid Waste) and 8.25 (Recycling, Organic Waste, and Edible Food Recovery) to Ensure Compliance with Senate Bill 1383 Mandates 24 Report Number: 22-0124 Location: No specific geographic location Department: Economic Development Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt an ordinance amending various sections of Chula Vista Municipal Code Chapters 8.24 and 8.25 to ensure compliance with Senate Bill 1383 regulations. (Second Reading and Adoption) 2022/06/14 City Council Post Agenda Page 3 of 636 5.4.Gann Initiative: Establish Appropriations Limit for Fiscal Year 2022/23 264 Report Number: 22-0172 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution establishing the GANN initiative appropriations limit for the City of Chula Vista for Fiscal Year 2022/23. 5.5.The Road Repair and Accountability Act of 2017 (RMRA): Approve the Proposed List of Projects for Fiscal Year 2022/23 270 Report Number: 22-0138 Location: Citywide Department: Engineering Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15061(b)(3). RECOMMENDED ACTION: Adopt a resolution approving the proposed list of projects for Fiscal Year 2022/23 to be funded by SB 1 (RMRA). 5.6.Unclaimed Monies: Transfer Unclaimed Monies from Cash Bond Deposit Fund to General Fund 281 Report Number: 22-0157 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution transferring unclaimed monies in the amount of $21,022.81 from the Cash Bond Deposit Fund to the General Fund. 2022/06/14 City Council Post Agenda Page 4 of 636 5.7.Grant Award: Accept a Grant from California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Science Improvement Program 285 Report Number: 22-0162 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting $55,590 in grant funds from the California Governor’s Office of Emergency Services and appropriating the funds to the Police Grants Section of the Federal Grants Fund for the Paul Coverdell Forensic Science Improvement Program (4/5 Vote Required). 5.8.Agreement Extension: Accept an Agreement Extension with Axon Enterprise, Inc. for the Body-Worn Camera Program 291 Report Number: 22-0173 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting an agreement extension with Axon Enterprise, Inc. for the Body-Worn Camera Program, and authorizing the City Manager to execute the agreement. 5.9.Contract: Award of Janitorial Services Contract to Nova Commercial 301 Report Number: 22-0171 Location: City Facilities – including Police, Libraries, and Recreation Centers Department: Public Works Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution awarding a contract for janitorial services to Nova Commercial in an amount not to exceed $2,250,000 for up to five years. 2022/06/14 City Council Post Agenda Page 5 of 636 5.10.Agreement Amendment: Approve the First Amendment to the Agreement with Global Power to Increase the Maximum Contract Amount and Extend the Contract to June 30, 2023 for Emergency Generator Maintenance Services 338 Report Number: 22-0180 Location: Various City Facilities Department: Public Works Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3). RECOMMENDED ACTION: Adopt a resolution approving the first amendment to the agreement between the City and Global Power to increase the maximum contract amount to $375,000 and extend the agreement by one year. 5.11.Declaration of Surplus Land: Declare a City-Owned Parcel of Vacant, Undeveloped Property as Surplus Land Pursuant to the Surplus Land Act 367 Report Number: 22-0160 Location: Approximately 7,200 square feet of undeveloped, vacant property consisting of a 15-foot-wide strip at the northern edge of the City-owned 54-acre west landfill site Department: Economic Development Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15312 Class 12 (Surplus Government Property Sales) and Section 15061(b)(3). RECOMMENDED ACTION: Adopt a resolution declaring an approximately 7,200 square foot parcel of vacant, undeveloped property at the northern edge of the City-owed 54-acre west landfill site as vacant land under the Surplus Land Act. 2022/06/14 City Council Post Agenda Page 6 of 636 5.12.Public Works Contract Award: Accept Bids and Award the Contract for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255)" Projects to Western Rim Constructors Group, Inc. 376 Report Number: 22-0186 Location: 205 27th Street, Chula Vista Department: Engineering Environmental Notice: This action is exempt from California Environmental Quality Act State (CEQA) pursuant to CEQA Guidelines Sections 15269(c) (Emergency Projects) and 15359 (Emergency). Notwithstanding the foregoing, the Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and Section 15061(b)(3). RECOMMENDED ACTION: Council adopt a resolution accepting bids and awarding the contract for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255)” projects to Western Rim Constructors, Inc. in the amount of $2,776,014.20. 5.13.City Employment Benefits: Adopt Amendments to the Memoranda of Understanding with Collective Bargaining Groups Regarding Employee Benefits 387 Report Number: 22-0114 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. This item was continued from the 6/7/2022 meeting. RECOMMENDED ACTION: Adopt a resolution approving amendments to memoranda of understanding (MOUs) regarding the addition of Juneteenth as a hard holiday, a Post Employment Health Plan, and the option to cash out vacation, compensatory time, and sick leave, if applicable for the following bargaining units: Association of Chula Vista Employees (“ACE”); Chula Vista Mid-Managers/Professional Association, SEIU Local 221 (“MM/PROF”); Non-Safety Local 2180, International Association of Fire Fighters, (“Non-Safety IAFF”); Chula Vista Peace Officers Association (“POA”); and the Western Council of Engineers (“WCE”). 2022/06/14 City Council Post Agenda Page 7 of 636 6.PUBLIC COMMENTS 402 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 7.1.Organic Waste Collection Service Rates: Approve New and Adjusted Rates for Organic Waste Collection Services to Cover the Costs of Compliance with the State's Organic Waste Reduction Regulations and Amend the City's Master Fee Schedule Accordingly 452 Report Number: 22-0008 Location: Citywide Department: Economic Development Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Council conduct the public hearing, receive tabulated results of written protests, consider all written protests, and if the number of written protests submitted is less than a majority of the parcels duly noticed, adopt the resolution accepting the results and approving the proposed new and adjusted rates for organic waste collection services. If approved, direct the City Manager to update to the City’s Master Fee Schedule, Chapter 17, Solid Waste & Recycling, to reflect the approved maximum rates. 8.CITY MANAGER’S REPORTS 630 8.1.SR-125 Legislative Update 9.MAYOR’S REPORTS 9.1.Ratification of Appointment of Appaswamy "Vino" Pajanor to the Human Relations Commission 632 10.COUNCILMEMBERS’ COMMENTS 11.CITY ATTORNEY'S REPORTS 12.CLOSED SESSION Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 12.1.Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Vivian Agundez, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2020-00006468-CU-PO-CTL 2022/06/14 City Council Post Agenda Page 8 of 636 13.ADJOURNMENT to the regular City Council meeting on July 12, 2022 at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. 2022/06/14 City Council Post Agenda Page 9 of 636 Clean Mobility Options Clean Mobility Options Voucher Pilot Program 2022/06/14 City Council Post Agenda Page 10 of 636 Clean Mobility Options Voucher Pilot Program (CMO) 22022/06/14 City Council Post Agenda Page 11 of 636 Program Goals •Mobility Equity •Climate mitigation and local air quality •Increased zero-emission vehicle (ZEV) adoption •Reduced vehicle miles travelled (VMT) •Workforce development 2022/06/14 City Council Post Agenda Page 12 of 636 What does CMO offer? Two types of Voucher Funding •Mobility Project Vouchers •Community Transportation Needs Assessment Vouchers Capacity Building •Toolkits and Resources•Peer exchange through the Clean Mobility Equity Alliance Network•Ongoing, inclusive training Technical Assistance Support •1:1 Individualized support•1:1 Tribal technical assistance and support•Hotline calls•Email support 2022/06/14 City Council Post Agenda Page 13 of 636 2020 Community Transportation Needs Assessment Voucher Awardees 2022/06/14 City Council Post Agenda Page 14 of 636 Needs Assessment Vouchers Needs Assessment Vouchers •$1.15 million in community transportation needs assessment vouchers available •$150,000 of total set aside for tribal governments •Maximum Project Budget: $50,000 •9-month term & funding •24 vouchers awarded2022/06/14 City Council Post Agenda Page 15 of 636 2020 Mobility Project Voucher Awardees 20 2022/06/14 City Council Post Agenda Page 16 of 636 Mobility Project Vouchers Mobility Project Vouchers •$20 million in mobility project vouchers available •$2 million total set aside for tribal governments •Maximum Project Budget: $1 million •5-year term (3 years of funding) •20 vouchers awarded 2022/06/14 City Council Post Agenda Page 17 of 636 CMO is First-Come, First-Serve Model •First-come, first-served means applications are reviewed, evaluated, and awarded in the order they are received, until funds are exhausted •Randomization occurs if the number of applications submitted exceed the funding amount available on the first day of the submission window 2022/06/14 City Council Post Agenda Page 18 of 636 Two-Part Application Process CTNAs ONLY One-Part Application Process Window-Two opens in fall 2022 with both Community Transportation Needs Assessment (CTNA) and Mobility Project Voucher (MPV) Applications MPVs Two-Part Application Process Part 1 includes basic and generalized information about the project team, service model and needs assessment results Part 2 includes in-depth information about budget, financial sustainability plan,letters of commitment, community engagement plan 2022/06/14 City Council Post Agenda Page 19 of 636 Program Timeline & Key Dates SUMMER 2022 •IM 3.0 Released •Online Application Portal Opens SUMMER/FALL 2022 •Window-2 Outreach •Informational Webinars •1:1 Technical Assistance FALL 2022 •Application Window Opens WINTER 2023 •CTNA Awardees Announced •MPV Notice to Proceed to Part 2 •MPV Part 2: Application Development Period •MPV Application Part 2 deadline SPRING 2023 2022/06/14 City Council Post Agenda Page 20 of 636 Window 1 MPV Awardees Project Models The Latin Equity Advocacy and Policy Institute Bikeshare, Scooter-share, Innovative Transit City of Riverside Carshare, Innovative Transit City of Rialto Bikeshare Fresno Metro Black Chamber Bikeshare Imperial County Transportation Commission Innovative Transit, Ride-on-Demand City of Chula Vista Innovative Transit, Ride-on-Demand Housing Authority of the City of Los Angeles Carshare San Joaquin Council of Government Carshare City of Richmond Innovative Transit, Ride-on-Demand Oakland DOT Bikeshare 29 Palms Band of Mission Indians Carshare, Vanpool, Carpool The McConnell Foundation Bikeshare The Energy Coalition Carshare Community Economic Development Corporation/ Institute for Maximum Human Potential Bikeshare, Innovative Transit City of National City Bikeshare, Scooter Share, Innovative Transit Richmond Community Foundation Carshare Omnitrans Ride-on-Demand Los Angeles Cleantech Incubator Bikeshare, Scooter-share Oakland Unified School District Ride-on-Demand Cahuilla Band of Indians Carshare, Innovative Transit 2022/06/14 City Council Post Agenda Page 21 of 636 Clean Mobility Options 2022/06/14 City Council Post Agenda Page 22 of 636 Mayor and Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619)691-5044 (619)476-5379 FAX MEMORANDUM DATE: JUNE 14, 2022 TO: Mayor and Councilmembers CC: City Manager, City Clerk, City Attorney FROM: Jill Galvez, Councilmember District 2 SUBJECT: Request for Excused Absence Dear Mayor and Councilmembers, Please excuse my absence from the City Council meeting on June 14, 2022. I am unable to attend due to a dental procedure. Sincerely, Jill M. Galvez Councilmember, District 2 Northwest 2022/06/14 City Council Post Agenda Page 23 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Senate Bill 1383: Amendments to Chula Vista Municipal Code Chapters 8.24 (Solid Waste) and 8.25 (Recycling, Organic Waste, and Edible Food Recovery) to Ensure Compliance with Senate Bill 1383 Mandates Report Number: 22-0124 Location: No specific geographic location Department: Economic Development Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt an ordinance amending various sections of Chula Vista Municipal Code Chapters 8.24 and 8.25 to ensure compliance with Senate Bill 1383 regulations. (Second Reading and Adoption) SUMMARY California Senate Bill 1383 (SB 1383) requires cities and counties to expand recycling programs to include the diversion of compostable organic materials from landfill disposal. Organic waste recycling will help the state achieve greenhouse gas reduction targets and will help local cities achieve their own Climate Action Plan goals. Methane from decomposing organic waste in landfills is a significant source of greenhouse gas emissions and these new regulations require municipal agencies to modify solid waste management programs to achieve new organic waste reduction targets. If approved, this ordinance will amend Chula Vista Municipal Code (CVMC) Chapters 8.24 and 8.25 to ensure City’s compliance with SB 1383 regulations which require jurisdictions to implement requirements related to edible food generators, edible food rescue organizations, self-haulers, and the Source-Separation of Organic Waste and Recyclables. 2022/06/14 City Council Post Agenda Page 24 of 636 P a g e | 2 ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Sectio n 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Sustainability Commission voted to approve certain revisions to Chapter 8.25 during their April 2022 meeting and recommended City Council approval of the same. DISCUSSION SB 1383 codified the California Air Resources Board's Short-Lived Climate Pollutant Reduction Strategy, as it relates to reduction in the emissions of short-lived climate pollutants such as methane from solid wastes. The regulations were approved by the State’s Office of Administrative Law in November 2020 and prescribe specific actions local jurisdictions must take to reduce short-lived climate pollutants related to solid waste collection and processing. The regulations require municipal agencies to modify solid waste management programs to achieve new organic waste reduction targets. (Attachment 1 SB1383 Regulations). To achieve the reduction of landfilled organic waste, and to increase recovery, the State has mandated the following: 1. Provide organics collection services to all residents, multi-family complexes, and businesses; 2. Establish edible food recovery programs; 3. Conduct education and outreach to the community; 4. Procure recyclable and recovered organics products; and 5. Monitor compliance and conduct state-mandated enforcement. Staff determined that amendments are needed to Chula Vista Municipal Code (CVMC) chapters 8.24 and 8.25 in order to meet the above mandates and ensure consistency across these chapters. Staff recommends amending portions of CVMC Chapters 8.24 and 8.25 to achieve compliance with SB 1383, and to provide for general cleanup of outdated or unnecessary provisions as shown in more detail in Attachments 2 and 3, and briefly summarized below. 8.25.020. Definitions. The proposed amendments add defined terms in connection with the SB 1383 mandates, modify existing defined terms to provide clarity with existing or new code requirements, and delete defined terms that are no longer necessary or useful for purposes of these chapters. 8.25.030. Collection service and fees. In accordance with SB 1383 mandates, the proposed amendments require all commercial, multi-family, and residential accounts to subscribe to garbage, recycle, and organic waste collection services, unless an exception or waiver is granted in accordance with the code. 2022/06/14 City Council Post Agenda Page 25 of 636 v . 0 03 P a g e | 3 8.25.040. Storage and Containers. Proposed amendments provide SB 1383 requirements for safe storage of Solid Waste and containers on site. 8.25.050. Separation of Recyclable and Organic Waste. Proposed amendments provide SB 1383 requirements for separation of garbage, recyclables, and organic waste. 8.25.055. Commercial education and outreach requirements. Proposed amendments provide for education and outreach requirements for Commercial Businesses regarding information related to SB 1383 mandates/regulations. 8.25.060. Commercial edible food generator requirements. Proposed amendments provide that generators are required to recover the maximum amount of edible food that would otherwise be disposed of in the waste stream and provide parameters for edible food recovery programs in accordance with SB 1383. Additionally, these generators will be required to maintain and provide access to records to City. 8.25.065/8.25.070. Food recovery organizations and services requirements/Reports. Proposed amendments provide that these organizations shall maintain and provide access to records to City as required by SB 1383. 8.25.100. Inspections and Investigations. Proposed amendments provide that City representatives are authorized to conduct inspection and investigations to confirm compliance with SB 1383 requirements. Regulated persons and entities are required to provide access and cooperate with City during these processes. 8.25.105. Violations and Penalty. Proposed amendments provide that violations of any provisions of the Chapter shall be unlawful and the City shall enforce violations. Chapter 8.24. The proposed amendments ensure consistency with Chapter 8.25 and provide for general cleanup for outdated or unnecessary provisions. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Chula Vista City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any Chula Vista City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT 2022/06/14 City Council Post Agenda Page 26 of 636 P a g e | 4 There are no on-going fiscal impacts to the General Fund as a result of the proposed code amendments. ONGOING FISCAL IMPACT There are no on-going fiscal impacts to the General Fund as a result of the proposed code amendments. ATTACHMENTS Attachment 1 SB1383 Regulations Attachment 2 Chapter 8.24 CVMC Redline version Attachment 3 Chapter 8.25 CVMC Redline version Staff Contact: Manuel Medrano, Environmental Services Manager. 2022/06/14 City Council Post Agenda Page 27 of 636 Department of Resources SLCP Regulations Recycling and Recovery November 2020 Short-lived Climate Pollutants (SLCP): Organic Waste Reductions Final Regulation Text The following denotes final and approved text: Strikethrough = deletions of existing text Underline = additions to existing text 2022/06/14 City Council Post Agenda Page 28 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 2 of 127 November 2020 California Code of Regulations 1 Title 14, Division 7, Chapter 3 2 Article 6.0. Transfer/Processing Operations and Facilities Regulatory 3 Requirements 4 Section 17402. Definitions. 5 (a) For the purposes of these articles: 6 (0.5) “Consolidation Sites” means facilities or operations that receive solid waste for 7 the purpose of storing the waste prior to transfer directly from one container to 8 another or from one vehicle to another for transport and which do not conduct 9 processing activities. Consolidation activities include, but are not limited to, limited 10 volume transfer operations, sealed container transfer operations, and direct transfer 11 facilities. 12 (1) "Contact Water" means water that has come in contact with waste and may 13 include leachate. 14 (1.5) “Contamination” or “Contaminants” has the same meaning as “prohibited 15 container contaminants” as defined in Section 18982(a)(55). 16 (2) "Covered Container" means a container that is covered to prevent the migration of 17 litter from the container, excessive infiltration of precipitation, odor and leachate 18 production, and to prevent access by animals and people; thereby controlling litter, 19 scavenging, and illegal dumping of prohibited wastes. Covers may include, but are 20 not limited to, tarpaulins or similar materials. 21 (3) "Direct Transfer Facility" means a transfer facility that receives equal to or more 22 than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day 23 but less than 150 tons of solid waste and meets all of the following requirements: 24 (A) is located on the premises of a duly licensed solid waste hauling operator; 25 (B) only handles solid waste that has been placed within covered containers or 26 vehicles prior to entering the facility and that is transported in vehicles owned or 27 leased by that same operator; 28 (C) the facility does not handle, separate, or otherwise process the solid waste; 29 (D) no waste is stored at the facility for more than any 8-hour period; 30 (E) solid waste is transferred only once and directly from one covered container or 31 vehicle to another covered container or vehicle so that the waste is never put on 32 the ground or outside the confines of a container or vehicle, before, during, or after 33 transfer. Direct transfer would not include top loading trailers where the solid waste 34 actually leaves the confines of the collection vehicle and is suspended in air before 35 falling into a transfer vehicle; 36 (F) all of the contents of the original transferring container or vehicle must be 37 emptied during a single transfer; and 38 (G) any waste that may unintentionally fall outside of the containers or vehicles, is 39 promptly cleaned up and replaced within the container or vehicle to which it was 40 being transferred. 41 (4) "DTSC" means Department of Toxic Substances Control. 42 (5) "EA" means enforcement agency as defined in PRC section 40130. 43 2022/06/14 City Council Post Agenda Page 29 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 3 of 127 November 2020 (6) "Emergency Transfer/Processing Operation" means an operation that is 1 established because there has been a proclamation of a state of emergency or local 2 emergency, as provided in Title 14, Division 7, Chapter 3, Article 3, sections 17210.1 3 (j) and (k) and which meets all of the following requirements: 4 (A) the operation handles only disaster debris and other wastes, in accordance 5 with section 17210.1(d), during the disaster debris recovery phase; and 6 (B) the location does not currently have a solid waste facility permit; 7 (C) if the operation accepts, processes, or stores hazardous or household 8 hazardous waste, then these activities must be in compliance with DTSC 9 standards or standards of other appropriate authorities or agencies. 10 (6.5) “Gray Container Waste” or “Gray Container Collection Stream” means solid 11 waste that is collected in a gray container that is part of a three-container organic 12 waste collection service that prohibits the placement of organic waste in the gray 13 container as specified in Section 18984.1(a) and (b). 14 (7) "Hazardous Wastes" means any waste which meets the definitions set forth in 15 Title 22, Section 66261.3, et seq. and is required to be managed. 16 (7.5) “Incompatible Material” or “Incompatibles,“ means human-made inert material, 17 including, but not limited to, glass, metal, plastic, and also includes organic waste for 18 which the receiving end-user, facility, operation, property, or activity is not designed, 19 permitted, or authorized to perform organic waste recovery activities as defined in 20 Section 18983.1(b) of Article 2, Chapter 12. 21 (8) "Large Volume Transfer/Processing Facility" means a facility that receives 100 22 tons or more of solid waste per operating day for the purpose of storing, handling or 23 processing the waste prior to transferring the waste to another solid waste operation 24 or facility. 25 (A) In determining the tonnage of solid waste received by the facility, the following 26 materials shall not be included: materials received by a recycling center located 27 within the facility, and by beverage container recycling programs in accordance 28 with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 29 activities are separated from the solid waste handling activities by a defined 30 physical barrier or where the activities are otherwise separated in a manner 31 approved by the EA. 32 (B) If the facility does not weigh the solid waste received, then the tonnage shall 33 be determined by using a volumetric conversion factor where one cubic yard is 34 equal to 500 pounds. The EA shall approve an alternate conversion factor if the 35 operator demonstrates that it is more accurate than the required conversion factor. 36 (9) "Limited Volume Transfer Operation" means an operation that receives less than 37 60 cubic yards, or 15 tons of solid waste per operating day for the purpose of storing 38 the waste prior to transferring the waste to another solid waste operation or facility 39 and which does not conduct processing activities, but may conduct limited salvaging 40 activities and volume reduction by the operator. 41 (A) In determining the tonnage of solid waste received by the operation, the 42 following materials shall not be included: materials received by a recycling center 43 located within the operation, and by beverage container recycling programs in 44 accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the 45 recycling activities are separated from the solid waste handling activities by a 46 2022/06/14 City Council Post Agenda Page 30 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 4 of 127 November 2020 defined physical barrier or where the activities are otherwise separated in a 1 manner approved by the EA. 2 (B) If the operation does not weigh the solid waste received, then the tonnage 3 shall be determined by using a volumetric conversion factor where one cubic yard 4 is equal to 500 pounds. The EA shall approve an alternate conversion factor if the 5 operator demonstrates that it is more accurate than the required conversion factor. 6 (10) "Litter" means all solid waste which has been improperly discarded or which has 7 migrated by wind or equipment away from the operations area. Litter includes, but is 8 not limited to, convenience food, beverage, and other product packages or 9 containers constructed of steel, aluminum, glass, paper, plastic, and other natural 10 and synthetic materials, thrown or deposited on the lands and waters of the state. 11 (11) "Medium Volume Transfer/Processing Facility" means a facility that receives 12 equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste 13 per operating day but less than 100 tons of solid waste, for the purpose of storing or 14 handling the waste prior to transferring the waste to another solid waste operation or 15 facility; or a facility that receives any amount of solid waste, up to 100 tons per 16 operating day, for the purpose of processing solid waste prior to transferring the 17 waste to another solid waste operation or facility. 18 (A) In determining the tonnage of solid waste received by the facility, the following 19 materials shall not be included: materials received by a recycling center located 20 within the facility, and by beverage container recycling programs in accordance 21 with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 22 activities are separated from the solid waste handling activities by a defined 23 physical barrier or where the activities are otherwise separated in a manner 24 approved by the EA. 25 (B) If the facility does not weigh the solid waste received, then the tonnage shall 26 be determined by using a volumetric conversion factor where one cubic yard is 27 equal to 500 pounds. The EA shall approve an alternate conversion factor if the 28 operator demonstrates that it is more accurate than the required conversion factor. 29 (11.5) “Mixed Waste Organic Collection Stream” means organic waste collected in a 30 container that is required by Section 18984.1, 18984.2, or 18984.3 to be transported 31 to a high diversion organic waste processing facility. 32 (12) "Nuisance" includes anything which: 33 (A) is injurious to human health or is indecent or offensive to the senses and 34 interferes with the comfortable enjoyment of life or property, and 35 (B) affects at the same time an entire community, neighborhood or any 36 considerable number of persons. The extent of annoyance or damage inflicted 37 upon an individual may be unequal. 38 (13) "On-site" means located within the boundary of the operation or facility. 39 (14) "Open burning" means the combustion of solid waste without: 40 (A) control of combustion air to maintain adequate temperature for efficient 41 combustion, 42 (B) containment of the combustion reaction in an enclosed device to provide 43 sufficient residence time and mixing for complete combustion, and 44 (C) control of the emission of the combustion products. 45 2022/06/14 City Council Post Agenda Page 31 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 5 of 127 November 2020 (15) "Operating day" means the hours of operation as set forth in the application, 1 Enforcement Agency Notification and/or permit not exceeding 24 hours. 2 (16) "Operating Record" means an easily accessible collection of records of an 3 operation's or facility's activities and compliance with required state minimum 4 standards under Title 14. The Record may include the Facility Plan or 5 Transfer/Processing Report for facilities, and shall contain but is not limited to 6 containing: agency approvals, tonnage and loadchecking records, facility contacts 7 and training history. The record may be reviewed by state and local authorities and 8 shall be available during normal business hours. If records are too voluminous to 9 place in the main operating record or if the integrity of the records could be 10 compromised by on-site storage, such as exposure to weather, they may be 11 maintained at an alternative site, as long as that site is easily accessible to the EA. 12 (17) "Operations Area" means: 13 (A) the following areas within the boundary of an operation or facility as described 14 in the permit application or Enforcement Agency Notification: 15 (i) equipment management area, including cleaning, maintenance, and storage 16 areas; and 17 (ii) material and/or solid waste management area, including unloading, 18 handling, transfer, processing, and storage areas. 19 (B) the boundary of the operations area is the same as the permitted boundary but 20 may or may not be the same as the property boundary. 21 (18) "Operator" means the owner, or other person who through a lease, franchise 22 agreement or other arrangement with the owner, that is listed in the permit 23 application or Enforcement Agency Notification, is legally responsible for all of the 24 following: 25 (A) complying with regulatory requirements set forth in these Articles; 26 (B) complying with all applicable federal, state and local requirements; 27 (C) the design, construction, and physical operation of the operations area; 28 (D) controlling the activities at an operation or facility as listed on the permit 29 application or Enforcement Agency Notification. 30 (18.4) “Organic Waste Recovery Activities,” or “Recovery” has the same meaning as 31 defined in Section 18982(a)(49). 32 (18.5) “Organic Waste” has the same meaning as in Section 18982(a)(46). 33 (19) "Owner" means the person or persons who own, in whole or in part, an operation 34 or facility, and/or the land on which it is located. 35 (20) "Processing" means the controlled separation, recovery, volume reduction, 36 conversion, or recycling of solid waste including, but not limited to, organized, 37 manual, automated, or mechanical sorting, the use of vehicles for spreading of waste 38 for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or 39 volume reduction equipment. Recycling Center is more specifically defined in section 40 17402.5 (d) of this Article. 41 (21) "Putrescible Wastes" include wastes that are capable of being decomposed by 42 micro-organisms with sufficient rapidity as to cause nuisances because of odors, 43 vectors, gases or other offensive conditions, and include materials such as, but not 44 limited to food wastes, offal and dead animals. The EA shall determine on a case-by-45 case basis whether or not a site is handling putrescible wastes. 46 2022/06/14 City Council Post Agenda Page 32 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 6 of 127 November 2020 (22) "Regulated Hazardous Waste" means a hazardous waste, as defined in section 1 66260.10 of Division 4.5 of Title 22. 2 (23) "RWQCB" means the Regional Water Quality Control Board. 3 (23.5) “Remnant Organic Material” means the organic waste that is collected in a 4 gray container that is part of the gray container collection stream. 5 (23.6) “Reporting Period” has the same meaning as defined in Section 18815.2 6 (a)(49). 7 (24) "Salvaging" means the controlled separation of solid waste material which do not 8 require further processing, for reuse or recycling prior to transfer activities. 9 (25) "Scavenging" means the uncontrolled and/or unauthorized removal of solid 10 waste materials. 11 (26) "Sealed Container Transfer Operation" means a transfer operation that meets 12 the following requirements: 13 (A) handles only solid waste that has previously been placed within containers that 14 have either a latched, hard top or other impermeable cover which is closed tightly 15 enough to: 16 (1) prevent liquid from infiltrating into or leaking out of the container; and 17 (2) prevent the propagation and migration of vectors; and, 18 (i) the solid waste remains within the unopened containers at all times while 19 on-site; and, 20 (ii) the containers are not stored on-site for more than 96 hours. 21 Sealed container transfer operations do not include operations excluded by 22 Public Resources Code section 40200(b)(3). 23 (26.5) “Secondary Material Processing Facility” or “Operation” means an activity 24 whose primary purpose is to receive and process source separated, or separated for 25 reuse, materials from a permitted transfer/processing facility or a transfer/processing 26 operation governed by an enforcement agency notification, and that does not meet 27 the residual percentage or putrescible waste percentage as set forth in section 28 17402.5(d). Materials include, but are not limited to, glass, plastics, paper, and 29 cardboard. 30 (A) Secondary Material Processing Operations are those activities that: 31 1. Are governed by the Enforcement Agency Notification tier requirements as 32 specified in section 17403.3.2; and, 33 2. Receive an amount of residual material that is less than 40% by weight as 34 calculated on a monthly basis. Operations that do not meet this residual 35 requirement shall comply with the Registration Permit tier requirements 36 specified in 17403.3.3. 37 (B) Secondary Material Processing Facilities are those activities that: 38 1. Are governed by the Registration Permit tier requirements as specified in 39 section 17403.3.3; and, 40 2. Do not meet the 40% residual material requirement as specified in subdivision 41 (A). 42 (26.6) “Source Separated Organic Waste” or “Source Separated Organic Waste 43 Collection Stream” means organic waste that is collected in a green container as 44 specified in Sections 18984.1(a)(1) and 18984.2(a)(1), “source separated blue 45 container organic waste,” as defined in this Subsection (a)(26.7), organic waste 46 2022/06/14 City Council Post Agenda Page 33 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 7 of 127 November 2020 collected in an additional container as specified in Section 18984.1(a)(6), and organic 1 waste collected in an “uncontainerized green waste and yard waste collection 2 service,” as defined in Section 18982. 3 (26.7) “Source Separated Blue Container Organic Waste” means the organic wastes 4 collected in a blue container that is limited to the collection of those organic wastes 5 and non-organic recyclables as defined in Section 18982(a)(43). 6 (27) "Special Waste" includes but is not limited to: 7 (A) waste requiring special collection, treatment, handling, storage, or transfer 8 techniques as defined in Title 22, section 66260.10. 9 (B) waste tires and appliances requiring CFC removal. 10 (28) "Spotter" means an employee who conducts activities that include, but are not 11 limited to, traffic control, hazardous waste recognition and removal for proper 12 handling, storage and transport or disposal, and protection of the public from health 13 and/or safety hazards. 14 (29) "Store" means to stockpile or accumulate for later use. 15 (30) "Transfer/Processing Facility" or "Facility" includes: 16 (A) those activities governed by the Registration Permit tier or Full Solid Waste 17 Facility Permit requirements (as specified in sections 17403.6 and 17403.7); and, 18 (B) which: 19 1.receive, handle, separate, convert or otherwise process materials in solid 20 waste; and/or 21 2.transfer solid waste directly from one container to another or from one vehicle 22 to another for transport; and/or 23 3.store solid waste; 24 (C) The receipt of separated for reuse material pursuant to Public Resources 25 Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 26 a solid waste facility does not constitute solid waste handling, or processing, if 27 there is a defined physical barrier to separate recycling activities defined in Public 28 Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 29 from the solid waste activities, or where the recycling and solid waste activities are 30 considered by the EA as separate operations. 31 (D) "Transfer/Processing Facilities" do not include activities specifically defined in 32 section 17402.5(c) of this Article, and operations and facilities that are subject to 33 regulations in Chapter 3.1 (commencing with section 17850). 34 (31) "Transfer/Processing Operation" or "Operation" includes: 35 (A) those activities governed by the EA Notification tier requirements; and, 36 (B) which: 37 1.receive, handle, separate, convert or otherwise process materials in solid 38 waste; and/or 39 2.transfer solid waste directly from one container to another or from one vehicle 40 to another for transport; and/or 41 3.store solid waste; 42 (C) The receipt of separated for reuse material pursuant to Public Resources 43 Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 44 a solid waste operation does not constitute solid waste handling, or processing, if 45 there is a defined physical barrier to separate recycling activities defined in Public 46 2022/06/14 City Council Post Agenda Page 34 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 8 of 127 November 2020 Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 1 from the solid waste activities, or where the recycling and solid waste activities are 2 considered by the EA as separate operations. 3 (D) "Transfer/Processing Operations" do not include activities specifically defined 4 in section 17402.5(c) of this Article, and operations and facilities that are subject to 5 regulations in Chapter 3.1 (commencing with section 17850). 6 (32) "Volume Reduction" means techniques such as: compaction, shredding, and 7 baling. 8 (33) "Waste Hauling Yard Operation" is an operation that meets the following 9 requirements: 10 (A) is located on the premises of a duly licensed solid waste hauling operator, who 11 receives, stores, or transfers waste as an activity incidental to the conduct of a 12 refuse collection and disposal business, and; 13 (B) handles only solid waste that has been placed within a covered container 14 before the container arrives at the waste hauling yard, and; 15 (C) no more than 90 cubic yards of waste is stored on-site in covered containers at 16 any time, and; 17 (D) the solid waste remains within the original covered containers while on-site at 18 any times, and; 19 (E) the covered containers are not stored on-site for more than any 72 hour period; 20 (F) if the EA has information that the operation does not meet these requirements, 21 the burden of proof shall be on the owner or operator to demonstrate that the 22 requirements are being met. 23 Note: 24 Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 25 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26 Section 39730.6, Health and Safety Code. 27 Section 17402.5. Definitions and Related Provisions Regarding Activities That Are 28 Not Subject to the Transfer/Processing Regulatory Requirements. 29 (a) This section sets forth definitions and related provisions regarding activities that are 30 not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 31 (1) Activities that are not in compliance with the applicable definitions and related 32 provisions of this section shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 33 6.3 and 6.35 of this Chapter. 34 (2) The definitions and related provisions of this section are for use only to determine 35 the applicability of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 36 (b) The following general definitions may apply to one or more of the activities that are 37 more specifically defined in subdivisions (c) and (d) of this section. 38 (1) "Residual" means the solid waste destined for disposal, further 39 transfer/processing as defined in section 17402(a)(30) or (31) of this Article, or 40 transformation which remains after processing has taken place and is calculated in 41 percent as the weight of residual divided by the total incoming weight of materials. 42 (2) "Reuse" means the use, in the same, or similar, form as it was produced, of a 43 material which might otherwise be discarded. 44 2022/06/14 City Council Post Agenda Page 35 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 9 of 127 November 2020 (3) "Separated for Reuse" means materials, including commingled recyclables, that 1 have been separated or kept separate from the solid waste stream for the purpose of 2 additional sorting or processing those materials for recycling or reuse in order to 3 return them to the economic mainstream in the form of raw material for new, reused, 4 or reconstituted products which meet the quality standards necessary to be used in 5 the marketplace, and includes materials that have been "source separated". 6 (4) "Source Separated" means materials, including commingled recyclables, that 7 have been separated or kept separate from the solid waste stream, at the point of 8 generation, for the purpose of additional sorting or processing those materials for 9 recycling or reuse in order to return them to the economic mainstream in the form of 10 raw material for new, reused, or reconstituted products which meet the quality 11 standards necessary to be used in the marketplace. 12 (c) Activities included in one of the following definitions are not subject to the 13 requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter, provided that these 14 activities do not include the acceptance of solid waste which has not been separated for 15 reuse. If an activity defined in this section is accepting solid waste which has not been 16 separated for reuse, it must meet the requirements of subdivision (d) of this section or 17 else it shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this 18 Chapter. 19 (1) "Auto Dismantler" means a person or business entity engaged in the business of 20 buying, selling, or dealing in vehicles including nonrepairable vehicles, for the 21 purpose of dismantling the vehicles, buying or selling the integral parts and 22 component materials thereof, in whole or in part, or dealing in used motor vehicle 23 parts pursuant to California Vehicle Code, section 220. 24 (2) "Auto Shredder" or "Metal Shredder" means a person or business entity that 25 accepts scrap metal, typically automobiles and white goods, and mechanically rends 26 that scrap metal into fist sized bits and pieces and separates the ferrous metals, 27 nonferrous metals and other materials for the purpose of recycling. 28 (3) "Buy Back Center" means a person or business entity engaging in those activities 29 defined in Public Resources Code Sections 14518, or 14520. 30 (4) "Drop-off Center" means a person or business entity engaging in those activities 31 defined in Public Resources Code Section 14511.7. 32 (5) "Manufacturer" means a person or business entity that uses new or separated for 33 reuse materials as a raw material in making a finished product that is distinct from 34 those raw materials. 35 (6) "Regional Produce Organic Distribution Center" means a distribution center that 36 receives unsold food produce, including packaged food produce (sometimes referred 37 to as "pre-consumer") back from stores to which it was originally sent by that 38 distribution center the produce, and which remains the property of the distribution 39 center or stores, for the purpose of data collection, depackaging, and transferring this 40 produce and other food to a compostcompostable material handling operation or 41 facility, in-vessel digestion operation or facility, or to a another beneficial use. A 42 regional produce distribution center would not include a site where produce is 43 processed. 44 (7) ”Rendering Activities” means an activity that is a licensed animal food 45 manufacturing activity, or a rendering activity which is authorized by the California 46 2022/06/14 City Council Post Agenda Page 36 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 10 of 127 November 2020 Department of Food and Agriculture pursuant to Section 19300 of the Food and 1 Agricultural Code, and in which no solid waste feedstock bypasses the manufacturing 2 or rendering process. "Rendering Plant" means a person or business entity where 3 dead animals or any part or portion thereof, vegetable oils, or packing house refuse, 4 are processed for the purpose of obtaining the hide, skin, grease residue, or any 5 other byproduct whatsoever 6 (8) "Reuse Salvage Operation" means a person or business entity which sterilizes, 7 dismantles, rebuilds, or renovates, nonputrescible separated-for-reuse materials, and 8 that recovers for recycling or reuse distinct material types that have not been 9 commingled with other materials before they enter the waste stream. Examples of 10 this activity include, but are not limited to, wire choppers, and dismantlers of furniture 11 and mattresses, and "brown goods" such as computer equipment, VCRs, and 12 televisions. 13 (9) "Scrap Metal Recyclers and Dealers" means a person or business entity including 14 all employees of the person or business entity, (except automotive recyclers and auto 15 shredders as defined in this section), whose primary business is the purchasing; 16 processing by shredding, shearing, baling, and torching; trading, bartering or 17 otherwise receiving secondhand or castoff metal material which includes ferrous 18 metals, nonferrous metals, aluminum scrap, auto bodies, major appliances and other 19 metals, including containers that are regulated pursuant to Public Resources Code 20 Section 14511.7, 14518 or 14520. 21 (10) "Wire Chopper" means a person or business entity which uses source separated 22 metal components or wire for the purpose of recycling or reuse. 23 (11) "Wood, Paper or Wood Product Manufacturer" means a person or business 24 entity that uses separated for reuse paper or woody materials in order to produce a 25 finished product able to be used as is, or to manufacture another product such as, 26 boxes or boards, without further processing. 27 (d) A "Recycling Center" means a person or business entity that meets the 28 requirements of this subdivision. A recycling center shall not be subject to the 29 requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 30 (1) A recycling center shall only receive material that has been separated for reuse 31 prior to receipt. 32 (2) The residual amount of solid waste in the separated for reuse material shall be 33 less than 10% of the amount of separated for reuse material received by weight. 34 (A) The residual amount is calculated by measuring the outgoing tonnage after 35 separated for reuse materials have been removed. 36 (B) The residual amount is calculated on a monthly basis based on the number of 37 operating days. 38 (3) The amount of putrescible wastes in the separated for reuse material shall be less 39 than 1% of the amount of separated for reuse material received by weight, and the 40 putrescible wastes in the separated for reuse material shall not cause a nuisance, as 41 determined by the EA. 42 (A) The amount of putrescible wastes is calculated in percent as the weight of 43 putrescible wastes divided by the total incoming weight of separated for reuse 44 material. 45 2022/06/14 City Council Post Agenda Page 37 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 11 of 127 November 2020 (B) The amount of putrescible wastes is calculated on a monthly basis based on 1 the number of operating days. 2 (4) The only separation that may occur at the recycling center is the sorting of 3 materials that have been separated for reuse prior to receipt. 4 (5) The recycling center may include an adjustment in the calculation to include the 5 weight of water in the residual, when the use of water is essential to the sorting or 6 processing of the material, provided that such an adjustment is also made in the 7 weight of materials received for processing. 8 (6) The following materials shall not be included in calculating residual as set forth in 9 subdivision (d)(2) of this section, if the recycling activities are separated from the 10 material handling activities noted below by a defined physical barrier or where the 11 activities are otherwise separated in a manner that the EA determines will keep the 12 materials from being commingled: 13 (A) materials received at an on-site Buy Back Center; 14 (B) materials received at an on-site Drop-off Center; 15 (C) cannery waste; 16 (D) construction and demolition materials; 17 (E) nonhazardous contaminated soil; 18 (F) grease-trap pumpings; 19 (G) nonhazardous asbestos; 20 (H) nonhazardous ash; 21 (I) compost and compost feedstock; 22 (J) sewage sludge; 23 (K) tires. 24 (7) If the EA has information that material that is being received is not separated for 25 reuse or source separated, that the residual is 10% or more of the total per month, or 26 that the amount of putrescible wastes is 1% or more of the total per month, the 27 burden of proof shall be on the owner or operator to demonstrate otherwise. 28 (A) A business that accepts loads of material that are not separated for reuse or 29 source separated does not qualify as a recycling center. 30 (B) If the EA has reason to believe that a business is accepting material that is not 31 separated for reuse or source separated due to averaging or combining of those 32 loads with other loads of separated for reuse material, the burden of proof will be 33 on the business to demonstrate that it is not accepting loads of mixed solid waste. 34 (C) If the EA has reason to believe that a business is accepting material that is not 35 separated for reuse or source separated due to the separation of portions of the 36 material at consecutive sites, each of which removes less than 10% residual, the 37 burden of proof will be on the business to demonstrate that it is not accepting 38 loads of mixed solid waste. 39 (D) If the EA determines that a business has exhibited a pattern and practice of 40 failing to comply with the provisions of this subsection, the EA may issue a Notice 41 and Order requiring the business to obtain a Registration Permit or Full Permit or 42 comply with the Enforcement Agency Notification requirements as made 43 applicable in sections 17403 through 17403.7 of this Article. 44 (E) At the time that the EA requires a recycling center to provide evidence that it is 45 in compliance with this subdivision, the EA shall provide the recycling center with a 46 2022/06/14 City Council Post Agenda Page 38 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 12 of 127 November 2020 written description of the information that has caused the EA to believe that the 1 recycling center is not in compliance. Nothing in this requirement is intended to 2 require the EA to identify the name or other identifying information regarding any 3 individual(s) who have complained about the recycling center. 4 (F) Nothing in this section precludes the enforcement agency or the board 5 Department from the following: inspecting a business to verify that it is conducted 6 in a manner that meets the provisions of this subsection; or, from taking any 7 appropriate enforcement action, including the use of a Notice and Order as 8 provided in Section 18304. 9 (8) Operations which do not meet the 10% residual percentage in subdivision (d)(2) 10 of this section but which qualify as a Limited Volume Transfer Operation, shall 11 comply with the requirements of section 17403.3 within one month of March 5, 1999. 12 (9) recycling center operators may voluntarily report their residual percentage to the 13 EA and the CIWMB Department using form CIWMB 607 (located in Appendix A). 14 (10) If the EA determines that a person or business entity purporting to operate a 15 recycling center is not in compliance with this subsection and issues an enforcement 16 order, that person or business entity may appeal that order in accordance with Public 17 Resources Code section 44307. 18 (e) If a Chipping and Grinding Operation or Facility, as defined in section 17852(a)(10) 19 of this Division, handles material that fails to meet the definition of green material due to 20 contamination as set forth in section 17852(a)(21) of this Division, the operation or 21 facility shall not be considered to be a recycling center as set forth in subsections (c) or 22 (d) of section 17402.5 23 Note: 24 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 25 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26 Section 39730.6, Health and Safety Code. 27 Section 17403.0. Regulatory Tiers Requirements for Transfer/Processing 28 Operations and Facilities. 29 Sections 17403.1 through 17403.7 set forth the regulatory tier requirements (Title 14, 30 Division 7, Chapter 5.0, Article 3.0, commencing with section 18100 or Title 27, Division 31 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3 and 3.1 of the California Code of 32 Regulations (commencing with section 21570) that apply to specified types of 33 transfer/processing operations and facilities. These requirements are summarized in 34 Table 1. 35 Note: 36 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 37 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 38 Section 39730.6, Health and Safety Code. 39 2022/06/14 City Council Post Agenda Page 39 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 13 of 127 November 2020 Table 1. Transfer/Processing Operations and Facilities Placement into the 1 Regulatory Tiers 2 Not Subject to Articles 6.0, 6.1, 6.2, 6.3 and 6.35 Excluded Tier Enforcement Agency Notification Tier Registration Permit Tier Full Solid Waste Facility Permit Auto Dismantler Section 17402.5(c)(1) Locations where <15 cubic yards of combined container volume is provided to serve as multi-residence receptacles for residential refuse at the place of generation. Section 17403.1(a)(1) Emergency Transfer/Processing Operations Section 17403.5 Medium Volume Transfer/Processing Facility Section 17403.6 Large Volume Transfer/Processing Facility Section 17403.7 Auto Shredder Operations Section 17402.5(c)(2) Locations where <15 cubic yards of combined container volume is handled for recycling. Section 17403.1(a)(2) Secondary Material Processing Operations Section 17403.3.2 Direct Transfer Facility Section 17403.4 Buy Back Centers Section 17402.5(c)(3) Storage receptacle at the place of generation for waste from multi- residential buildings or for commercial solid wastes. Section 17403.1(a)(3) Sealed Container Transfer Operations Section 17403.2 Secondary Material Processing Facility Section 17403.3.3 Drop-off Centers Section 17402.5(c)(4) Containers used to store construction or demolition wastes at the place Limited Volume Transfer Operations Section 17403.3 2022/06/14 City Council Post Agenda Page 40 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 14 of 127 November 2020 Not Subject to Articles 6.0, 6.1, 6.2, 6.3 and 6.35 Excluded Tier Enforcement Agency Notification Tier Registration Permit Tier Full Solid Waste Facility Permit of generation. Section 17403(a)(4) Manufacturers Section 17402.5(c)(5) Containers used to store salvaged materials. Section 17403.1(a)(5) Recycling Centers Section 17402.5(d) Waste Hauling Yard Operations. Section 17403.1(a)(6) Regional Organic Distribution Centers Section 17402.5(c)(6) Storage of Other Wastes. Section 17403(1)(a)(7) Rendering Plants Activities Section 17402.5(c)(67) Reuse Salvage Operations (includes furniture and mattress dismantlers and demanufacturers) Section 17402.5(c)(78) Scrap Metal Recyclers and Dealers Section 17402.5(c)(89) Wire Choppers Section 17402.5(c)(910) Wood, Paper, or Wood Product Manufacturer Section 17402.5(c)(1011) 2022/06/14 City Council Post Agenda Page 41 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 15 of 127 November 2020 Note: There are no operations or facilities placed within the Standardized tier. 1 Article 6.2 Operating Standards. 2 Section 17409.5. Loadchecking—Prohibited Wastes. 3 (a) The operator of an attended operation or facility shall implement a loadchecking 4 program to prevent the acceptance of waste which is prohibited by this Article. This 5 program must include at a minimum: 6 (1) the number of random loadchecks to be performed; 7 (2) a location for the storage of prohibited wastes removed during the loadchecking 8 process that is separately secured or isolated; 9 (3) records of loadchecks and the training of personnel in the recognition, proper 10 handling, and disposition of prohibited waste. A copy of the loadchecking program 11 and copies of the loadchecking records for the last year shall be maintained in the 12 operating record and be available for review by the appropriate regulatory agencies. 13 Note: 14 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 15 Reference: Sections 40053, 42652.5, 43020, and 43021, Public Resources Code and 16 Section 39730.6, Health and Safety Code. 17 Section 17409.5.1. Organic Waste Recovery Efficiency. 18 (a) This section applies to transfer/processing facilities and operations that conduct 19 processing activities. 20 (b) For the purposes of compliance with the reporting requirements in Section 18815.5, 21 and demonstrating that the facility is a “high diversion organic waste processing facility” 22 as defined in Section 18982(a)(33) that meets or exceeds an annual average mixed 23 waste organic content recovery rate of 50 percent on and after January 1, 2022 and 75 24 percent on and after January 1, 2025 as determined in Section 18815.5(e), the operator 25 shall conduct the measurements described in this section. 26 (c) The operator shall: 27 (1) Determine the sum of outgoing weights of organic waste recovered from the 28 mixed waste organic collection stream by adding together the weights determined 29 pursuant to Section 17409.5.2(b)(6) for each operating day that measurements were 30 conducted during the reporting period. 31 (2) Determine the sum of outgoing weights of organic waste removed from the mixed 32 waste organic collection stream for landfill disposal by adding together the weights as 33 measured pursuant to Section 17409.5.3(b)(5) for each operating day that 34 measurements were conducted during the reporting period. 35 (3) Report the sums of Subdivisions (c)(1) and (c)(2) to the Department pursuant to 36 Section 18815.5. 37 (d) The operator shall additionally: 38 (1) Determine the sum of outgoing weights of organic waste recovered from the 39 source separated organic waste collection stream by adding together the weights 40 determined pursuant to Section 17409.5.4(b)(6) for each operating day that 41 measurements were conducted during the reporting period. 42 2022/06/14 City Council Post Agenda Page 42 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 16 of 127 November 2020 (2) Determine the sum of outgoing weights of organic waste removed from the source 1 separated organic waste collection stream that is sent for landfill disposal by adding 2 together the weights as measured pursuant to Section 17409.5.5(b)(5) for each 3 operating day that measurements were conducted during the reporting period. 4 (3) Report the sums of Subdivisions (d)(1) and (d)(2) to the Department pursuant to 5 Section 18815.5. 6 (e) The operator shall maintain records demonstrating compliance with this section in a 7 manner approved by the EA and as described in Section 17414.2(a). 8 Note: 9 Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 10 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 11 Section 39730.6, Health and Safety Code. 12 Section 17409.5.2. Measuring Organic Waste Recovered from Mixed Waste 13 Organic Collection Stream. 14 (a) The operator of an attended operation or facility that accepts a mixed waste organic 15 collection stream shall measure the amount by weight of organic waste separated from 16 the mixed waste organic collection stream after processing for end-use, recovery or 17 further processing. 18 (1) The measurements required pursuant to this section shall be conducted at the 19 following frequency: 20 (A) For each reporting period, the operator shall perform the sampling protocol 21 required in Subdivision (b) over ten (10) consecutive operating days. 22 (B) An operator may use the results of samples conducted over a period of more 23 than 10 days if the following apply: 24 1. If less than 10 additional days are sampled in the reporting period, the 25 additional operating days where sampling is performed shall be a 26 consecutive continuation of the original 10 consecutive days of sampling. 27 2. If 10 additional operating days or more are selected for sampling, the 28 additional operating days shall be conducted on consecutive days but may be 29 performed during a different part of the reporting period and are not required to 30 be a continuation of the original 10 operating days. 31 (b) The operator shall comply with Subdivision (a) by using the following protocol: 32 (1) On each sampling day take one sample of at least two hundred (200) pounds 33 from each organic waste type separated after processing at the operation or facility 34 on that operating day prior to sending to a destination for end-use, recovery, or 35 further processing. Each sample shall be: 36 (A) Representative of a typical operating day; and 37 (B) A random, composite sample taken either from various times during the 38 operating day or from various locations within each pile of each of the organic 39 waste types separated after processing. 40 (2) Record the weight of each sample from each organic waste type. If the total 41 weight of a single organic waste type processed in a single operating day is less than 42 200 pounds, the operator shall sample all of that organic waste type that is separated 43 after processing for end-use, recovery or further processing. 44 2022/06/14 City Council Post Agenda Page 43 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 17 of 127 November 2020 (3) For each sample, remove any incompatible material and determine the remaining 1 weight of organic waste in that sample. 2 (4) Then determine a ratio for each type of organic waste in the mixed waste organic 3 collection stream by dividing the total weight from Subdivision (b)(3) by the total 4 weight recorded in Subdivision (b)(2). 5 (5) Multiply the ratio determined for each type of organic waste type pursuant to 6 Subdivision (b)(4) by the total weight of all of the same type of organic waste 7 separated after processing and destined for end-use, recovery or further processing 8 (6) Determine the total weight of organic waste separated from the mixed waste 9 organic collection stream for recovery by adding the sum of all the weights calculated 10 pursuant to Subdivision (b)(5). 11 (c) The operator shall conduct a measurement in the presence of the EA when 12 requested. 13 (d) If it is determined by the EA that the measurements do not accurately reflect the 14 records, the EA may require the operator to increase the frequency of measurements, 15 revise the measurement protocol, or both to improve accuracy. 16 (e) If the operator sends any material to a POTW that is not authorized to receive, 17 pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute 18 landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall 19 be added to the total weight calculated pursuant to Section 17409.5.3. 20 Note: 21 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 22 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 23 Section 39730.6, Health and Safety Code. 24 Section 17409.5.3. Measuring Organic Waste in Material Removed from Mixed 25 Waste Organic Collection Stream for Disposal. 26 (a) The operator of an attended operation or facility that accepts a mixed waste organic 27 collection stream shall measure the amount by weight of organic waste present in the 28 material removed from the mixed waste organic collection stream after processing that 29 is sent to disposal. 30 (1) The measurements required pursuant to this section shall be conducted at the 31 following frequency: 32 (A) For each reporting period, the operator shall perform the sampling protocol 33 required in Subdivision (b) over ten (10) consecutive operating days. 34 (B) An operator may use the results of samples conducted over a period of more 35 than 10 days if the following apply: 36 1. If less than 10 additional days are sampled in the reporting period, the 37 additional operating days where sampling is performed shall be a consecutive 38 continuation of the original 10 consecutive days of sampling. 39 2. If 10 additional operating days or more are selected for sampling, the 40 additional operating days shall be conducted on consecutive days but may be 41 performed during a different part of the reporting period and are not required to 42 be a continuation of the original 10 operating days. 43 (b) The operator shall comply with Subdivision (a) by using the following protocol: 44 2022/06/14 City Council Post Agenda Page 44 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 18 of 127 November 2020 (1) On each sampling day, take one sample of at least two hundred (200) pounds of 1 the material removed from mixed waste organic collection stream at the operation or 2 facility on that operating day prior to sending to disposal. Each sample shall be: 3 (A) Representative of a typical operating day; and 4 (B) A random, composite sample taken either from various times during the 5 operating day or from various locations within the pile(s) of material that will be 6 sent to disposal. 7 (2) Record the total weight of the sample. If the total weight of the materials removed 8 from the mixed waste organic collection stream in a single operating day is less than 9 200 pounds, the operator shall sample the stream that will be sent to disposal. 10 (3) Remove any incompatible material and determine the remaining weight of the 11 organic waste in the sample. 12 (4) Then determine the ratio of organic waste present in the materials removed from 13 the mixed waste organic collection stream for disposal by dividing the total weight 14 from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2). 15 (5) Determine the total weight of organic waste removed from the mixed organic 16 collection stream that is sent to disposal by multiplying the ratio determined pursuant 17 to Subdivision (b)(4) by the total weight of the materials removed from the mixed 18 waste organic collection stream for disposal. 19 (c) The operator shall conduct a measurement in the presence of the EA when 20 requested. 21 (d) If it is determined by the EA that the measurements do not accurately reflect the 22 records, the EA may require the operator to increase the frequency of measurements, 23 revise the measurement protocol, or both to improve accuracy. 24 (e)The operator shall maintain records of measurements and the training of personnel in 25 evaluating the amount of organic waste in the material removed from mixed waste 26 organic collection stream for disposal. 27 (f) For the purposes of this section “disposal” has the same meaning as “Activities that 28 constitute landfill disposal” as defined in Section 18982. 29 Note: 30 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 31 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 32 Section 39730.6, Health and Safety Code. 33 Section 17409.5.4. Measuring Organic Waste Recovered from Source Separated 34 Organic Waste Collection Stream. 35 (a) The operator of an attended operation or facility that accepts source separated 36 organic waste shall measure the amount by weight of organic waste separated from the 37 source separated organic waste collection stream after processing for end-use, 38 recovery or further processing. 39 (1) The measurements required pursuant to this section shall be conducted at the 40 following frequency: 41 (A) For each reporting period, the operator shall perform the sampling protocol 42 required in Subdivision (b) over ten (10) consecutive operating days. 43 2022/06/14 City Council Post Agenda Page 45 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 19 of 127 November 2020 (B) An operator may use the results of samples conducted over a period of more 1 than 10 days if the following apply: 2 1. If less than 10 additional days are sampled in the reporting period, the 3 additional operating days where sampling is performed shall be a consecutive 4 continuation of the original 10 consecutive days of sampling. 5 2. If 10 additional operating days or more are selected for sampling, the 6 additional operating days shall be conducted on consecutive days but may be 7 performed during a different part of the reporting period and are not required to 8 be a continuation of the original 10 operating days. 9 (b) The operator shall comply with Subdivision (a) by using the following protocol: 10 (1) On each sampling day take one sample of at least two hundred (200) pounds 11 from each organic waste type separated after processing at the operation or facility 12 on that operating day prior to sending to a destination for end-use, recovery, or 13 further processing. Each sample shall be: 14 (A) Representative of a typical operating day; and 15 (B) A random, composite sample taken either from various times during the 16 operating day or from various locations within each pile of each of the organic 17 waste types separated after processing. 18 (2) Record the weight of each sample from each organic waste type. If the total 19 weight of a single organic waste type processed in a single operating day is less than 20 200 pounds, the operator shall sample all of that organic waste type that is separated 21 after processing for end-use, recovery or further processing. 22 (3) For each sample, remove any incompatible material and determine the remaining 23 weight of organic waste in that sample. 24 (4) Then determine a ratio for each type of organic waste in the source separated 25 organic waste collection stream by dividing the total weight from Subdivision (b)(3) by 26 the total weight recorded in Subdivision (b)(2). 27 (5) Multiply the ratio determined for each type of organic waste type pursuant to 28 Subdivision (b)(4) by the total weight of all of the same type of organic waste 29 separated after processing and destined for end-use, recovery or further processing. 30 (6) Determine the total weight of organic waste separated from the source separated 31 organic waste collection stream for recovery by adding the sum of all the weights 32 calculated pursuant to Subdivision (b)(5). 33 (c) The operator shall conduct a measurement in the presence of the EA when 34 requested. 35 (d) If it is determined by the EA that the measurements do not accurately reflect the 36 records, the EA may require the operator to increase the frequency of measurements, 37 revise the measurement protocol, or both to improve accuracy. 38 (e) If the operator sends any material to a POTW that is not authorized to receive, 39 pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute 40 landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall 41 be added to the total weight calculated pursuant to Section 17409.5.5. 42 Note: 43 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 44 2022/06/14 City Council Post Agenda Page 46 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 20 of 127 November 2020 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 1 Section 39730.6, Health and Safety Code. 2 Section 17409.5.5. Measuring Organic Waste in Materials Removed from Source 3 Separated Organic Waste Collection Stream For Disposal. 4 (a) The operator of an attended operation or facility that accepts a source separated 5 organic waste shall measure the amount of organic waste by weight present in the 6 materials removed from the source separated organic waste collection stream after 7 processing that is sent to disposal. 8 (1) The measurements required pursuant to this section shall be conducted at the 9 following frequency: 10 (A) For each reporting period, the operator shall perform the sampling protocol 11 required in Subdivision (b) over ten (10) consecutive operating days. 12 (B) An operator may use the results of samples conducted over a period of more 13 than 10 days if the following apply: 14 1. If less than 10 additional days are sampled in the reporting period, the 15 additional operating days where sampling is performed shall be a consecutive 16 continuation of the original 10 consecutive days of sampling. 17 2. If 10 additional operating days or more are selected for sampling, the 18 additional operating days shall be conducted on consecutive days but may be 19 performed during a different part of the reporting period and are not required to 20 be a continuation of the original 10 operating days. 21 (b) The operator shall comply with Subdivision (a) by using the following protocol: 22 (1) On each sampling day take one sample of at least two hundred (200) pounds of 23 the materials removed from source separated organic waste collection stream at the 24 operation or facility on that operating day prior to sending to disposal. Each sample 25 shall be: 26 (A) Representative of a typical operating day; and 27 (B) A random, composite sample taken either from various times during the 28 operating day or from various locations within the pile(s) of material that will be 29 sent to disposal. 30 (2) Record the total weight of the sample. If the total weight of the materials removed 31 from the source separated organic waste collection stream in a single operating day 32 is less than 200 pounds, the operator shall sample the stream that will be sent to 33 disposal. 34 (3) Remove any incompatible material and determine the remaining weight of the 35 organic waste in the sample. 36 (4) Then determine the ratio of organic waste present in the material removed from 37 the source separated organic waste collection stream for disposal by dividing the 38 total weight from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2). 39 (5) Determine the total weight of organic waste removed from the source separated 40 organic waste collection stream that is sent to disposal by multiplying the ratio 41 determined pursuant to Subdivision (b)(4) by the total weight of the materials 42 removed from the source separated organic waste collection stream for disposal. 43 (c) The operator shall conduct a measurement in the presence of the EA when 44 requested. 45 2022/06/14 City Council Post Agenda Page 47 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 21 of 127 November 2020 (d) If it is determined by the EA that the measurements do not accurately reflect the 1 records, the EA may require the operator to increase the frequency of measurements, 2 revise the measurement protocol, or both to improve accuracy. 3 (e) For the purposes of this section “disposal” has the same meaning as “Activities that 4 constitute landfill disposal” as defined in Section 18982. 5 Note: 6 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 7 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 8 Section 39730.6, Health and Safety Code. 9 Section 17409.5.6. Source Separated Organic Waste Handling. 10 (a) Source separated organic waste processing shall be kept separate from other solid 11 waste streams. 12 (1) Remnant organic material separated from the gray container collection stream for 13 recovery can be combined with organic material removed from the source separated 14 organic waste collection stream for recovery once the material from the source 15 separated organic waste collection stream has gone through the measurement 16 protocol described in Section 17409.5.4. 17 (2) Construction and Demolition Debris, as defined in Section 17381, shall be kept 18 separate from the source separated organic waste collection stream and the mixed 19 waste organic collection stream and shall not be included in the measurements 20 required pursuant to Sections 17409.5.1- 17409.5.5 and 17409.5.8. 21 (b) Source separated organic waste and organic waste removed from a mixed waste 22 organic collection service for recovery shall be: 23 (1) Stored away from other activity areas in specified, clearly identifiable areas as 24 described in the Facility Plan or Transfer/Processing Report; and 25 (2) Removed from the site consistent with Section 17410.1 and either: 26 (A) Transported only to another solid waste facility or operation for additional 27 processing, composting, in-vessel digestion, or other recovery as specified in 28 Section 18983.1; or 29 (B) Used in a manner approved by local, state, and federal agencies having 30 appropriate jurisdiction. 31 Note: 32 Authority cited: Sections 40502, 43020 and 43021 Public Resources Code. 33 Reference: Sections 40053, 42652.5, 43020 and 43021 Public Resources Code and 34 Section 39730.6, Health and Safety Code. 35 Section 17409.5.7. Gray Container Waste Evaluations. 36 (a) Commencing July 1, 2022, the operator of an attended operation or facility that 37 receives a gray container collection stream, and more than 500 tons of solid waste from 38 at least one jurisdiction annually, shall conduct waste evaluations on the gray container 39 collection stream consistent with this section. 40 (b) The operator shall perform one gray container waste evaluation per quarter. 41 2022/06/14 City Council Post Agenda Page 48 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 22 of 127 November 2020 (c) The operator shall use the following measurement protocol to comply with this 1 section: 2 (1) Take one sample of at least 200 pounds from the incoming gray container 3 collection stream received by the facility. Each sample shall be: 4 (A) Representative of a typical operating day; and 5 (B) A random, composite sample taken from various times during the operating 6 day. 7 (2) Record the weight of the sample. 8 (3) For that sample, remove any remnant organic material and determine the weight 9 of that remnant organic material. 10 (4) Then determine the ratio of remnant organic material in the sample by dividing the 11 total weight from Subdivision (a)(3) by the total weight recorded in Subdivision (a)(2). 12 (d) Upon written notification to the applicable EA, the operator may conduct offsite gray 13 container waste evaluations at an alternative, permitted or authorized solid waste facility 14 or operation provided that the operator subject to this section does not process the 15 material prior to its transfer offsite for the waste evaluation. 16 (1) The results of an offsite gray container waste evaluation performed under 17 Subdivision (d) shall be reported by the transfer/processing operation or facility 18 subject to this section as required in Section 18815.5 and shall not be reported by the 19 alternative solid waste facility or operation. 20 (e) The operator shall conduct a measurement in the presence of the EA when 21 requested. 22 (f) If it is determined by the EA that the measurements do not accurately reflect the 23 records, the EA may require the operator to increase the frequency of measurements, 24 revise the measurement protocol, or both to improve accuracy. 25 (g)The operator shall maintain records of waste evaluations and the training of 26 personnel in evaluating the amount of remnant organic material. These records shall be 27 maintained for five (5) years in the operating record and be available for review by the 28 EA and other duly authorized regulatory agencies. 29 30 Note: 31 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 32 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 33 39730.6, Health and Safety Code. 34 Section 17409.5.8. Incompatible Materials Limit in Recovered Organic Waste. 35 (a) A transfer/processing facility or operation shall only send offsite that organic waste 36 recovered after processing from the source separated organic waste stream and from 37 the mixed waste organic collection stream that meets the following requirements: 38 (1) On and after January 1, 2022 with no more than 20 percent of incompatible 39 material by weight; and 40 (2) On and after January 1, 2024 with no more than 10 percent of incompatible 41 material by weight. 42 (b) The operator shall measure compliance with Subdivision (a) by using the following 43 protocol: 44 2022/06/14 City Council Post Agenda Page 49 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 23 of 127 November 2020 (1) Use the same samples taken to comply with Sections 17409.5.2 and 17409.5.4 1 and the same total weight of each of those samples. 2 (2) For each sample, remove any incompatible material and determine the weight of 3 the incompatibles in that sample. 4 (3) Then determine a ratio of the incompatible material for each type of organic waste 5 in the mixed waste organic collection stream and the source separated organic waste 6 collection waste stream by dividing the total from Subdivision (b)(2) by the total from 7 Subdivision (b)(1). 8 (4) Multiply the ratio determined pursuant to Subdivision (b)(3) for each type of 9 organic waste by the total weight of all of the same type of organic waste separated 10 after processing and destined for end-use, recovery or further processing. 11 (5) Determine the total weight of incompatible materials separated from the mixed 12 waste organic collection stream and from the source separated organic waste stream 13 by adding the sum of all the weights calculated pursuant to Subdivision (b)(4). 14 (6) Determine the ratio of incompatible materials by taking the total weight of 15 incompatible materials determined pursuant to Subdivision (b)(5) and dividing by the 16 sum of the outgoing weights of the materials recovered from the mixed waste organic 17 collection stream and from the source separated organic waste stream. 18 (7) Determine the percentage of incompatible materials by multiplying the ratio 19 determined pursuant to Subdivision (b)(6) by 100. 20 (c) The recovered organic waste stream shall not be subject to Section 17409.5.8(a) if 21 the recovered organic waste is sent to one or more of the following types of facilities 22 that will further process that waste: 23 (1) A transfer/processing facility or operation that complies with Section 17409.5.8(a). 24 (2) A compostable material handling facility or operation that, pursuant to Section 25 17867(a)(16), demonstrates that the percentage of organic waste in the materials 26 sent to disposal is: 27 (A) On and after January 1, 2022, less than 20 percent. 28 (B) On and after January 1, 2024, less than 10 percent. 29 (3) An in-vessel digestion facility or operation that, pursuant to Section 17896.44.1, 30 demonstrates that the percentage of organic waste in the materials sent to disposal 31 is: 32 (A) On and after January 1, 2022, less than 20 percent. 33 (B) On and after January 1, 2024, less than 10 percent. 34 (4) An activity that meets the definition of a recycling center as described in Section 35 17402.5(d). 36 (d) The operator shall conduct a measurement in the presence of the EA when 37 requested. 38 (e) If it is determined by the EA that the measurements do not accurately reflect the 39 records, the EA may require the operator to increase the frequency of measurements, 40 revise the measurement protocol, or both to improve accuracy. 41 (f) For the purposes of this section “disposal” has the same meaning as “Activities that 42 constitute landfill disposal” as defined in Section 18982. 43 Note: 44 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 45 2022/06/14 City Council Post Agenda Page 50 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 24 of 127 November 2020 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 1 Section 39730.6, Health and Safety Code. 2 Section 17409.5.9. Alternatives to Measurement Protocols. 3 (a) The EA may approve, with concurrence by the Department, alternative 4 measurement protocols to the requirements of Sections 17409.5.2, 17409.5.3, 5 17409.5.4, 17409.5.5, 17409.5.7, and 17409.5.8, as long as they will still ensure that 6 the measurements will be as accurate. The Department shall concur with the EA 7 approval if it finds that the alternative measurement protocols will ensure that the 8 measurements will be as accurate. For the purposes of this section, alternative 9 measurement protocols may include, but are not limited to, measurements made with a 10 different sampling frequency and/or weight than those specified in this article. 11 (b) When required by this article, the operator shall report tonnages using a scale. If 12 scales are not accessible, the EA may approve, with written notification to the 13 Department, the operator to report the tonnages using a method described in Section 14 18815.9(g). 15 (c) The EA may approve, with written concurrence by the Department, a substitute to 16 certain requirements to sample and measure specific types of organic waste that are 17 designated for an organic waste recovery activity with a quality standard imposed on the 18 operator by the person, entity, or solid waste facility or operation accepting that organic 19 waste type as specified in this subdivision. The Department shall concur with the EA 20 approval if it verifies that there is a quality standard imposed on the operator by the 21 person, entity, or solid waste facility or operation accepting that organic waste type as 22 specified in this subdivision and that the standard meets the requirements in 23 Subdivision (c)(1)(A) through (G), below. 24 (1) The EA may waive the requirements in Sections 17409.5.2,17409.5.4 and 25 17409.5.8 to sample a type of organic waste that the operator recovered from the 26 source separated organic waste collection stream or from the mixed waste organic 27 collection stream if the following apply: 28 (A) The person, entity, or solid waste facility or operation accepting that organic 29 waste type requires the operator to demonstrate that the presence of incompatible 30 materials in the organic waste type is less than or equal to the level of 31 incompatible materials specified in Section 17409.5.8(a); 32 (B) The person, entity, or solid waste facility or operation accepting that organic 33 waste type requires the operator to demonstrate the presence of incompatible 34 materials through sampling; 35 (C) The sampling protocol that is used to meet the quality standard of the person, 36 entity, or solid waste facility or operation accepting that organic waste type is 37 designed to accurately reveal the percentage of incompatible material by weight 38 that is present in the samples; 39 (D) The end-user and the operator have a contract or written agreement specifying 40 the sampling protocol and the maximum level of incompatible materials allowed in 41 the organic material before it is accepted by the end-user; 42 (E) The contract or written agreement is available for review by the EA; 43 (F) The sampling protocol is at least as effective as the sampling required in 44 Sections 17409.5.2, 17409.5.4 and 17409.5.8; and 45 2022/06/14 City Council Post Agenda Page 51 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 25 of 127 November 2020 (G) The operator allows the EA to observe sampling upon request. 1 (d) An operator that is authorized to substitute a quality standard for sampling 2 requirements as specified in Subdivision (c) for a specific type of recovered organic 3 waste type shall apply the weight of incompatible materials as measured in the quality 4 standard to total weight of that organic waste type for the purposes of determining 5 organic waste recovery efficiency as specified in Section 17409.5.1. 6 Note: 7 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 8 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 9 Section 39730.6, Health and Safety Code. 10 Section 17409.5.10. Solid Waste Handling at Consolidation Sites. 11 (a) Consolidation sites are not subject to the requirements of Sections 17409.5.1 12 through 17409.5.9. 13 (b) Consolidation sites are not subject to the recordkeeping and reporting requirements 14 of Section 17414.2. 15 (c) Consolidation sites shall keep source separated organic waste streams separate 16 from other solid waste streams. 17 (d) Materials shall be transported only to transfer/processing facilities or operations that 18 comply with Section 17409.5.1. 19 Note: 20 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 21 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 22 Section 39730.6, Health and Safety Code. 23 Section 17409.5.10.5. Solid Waste Handling at Co-Located Facilities or 24 Operations. 25 (a) The operator of an attended solid waste facility or operation that is permitted or 26 authorized and accepts a mixed waste organic collection stream, a source separated 27 organic waste collection stream, or both for processing and directly transfers the organic 28 waste recovered from either collection stream to a co-located activity within the 29 boundary of the facility for processing is subject to the following requirements: 30 (1) If sampling performed pursuant to Section 17409.5.3, 17409.5.5, 17867, or 31 17896.44.1, whichever is applicable, demonstrates the percent of the material 32 removed for disposal that is organic waste is less than the percent specified in 33 Section 17409.5.8(c)(2) then only the organic waste that is sent off-site for further 34 processing and landfill disposal are subject to the requirements of Sections 35 17409.5.1 through 17409.5.8. 36 (2) If sampling performed pursuant to Section 17409.5.3, 17409.5.5, 17867, or 37 17896.44.1, whichever is applicable, demonstrates that the percent of the material for 38 disposal that is organic waste is more than the percent specified in Section 39 17409.5.8(c)(2) then the organic waste removed after processing and sent for further 40 processing on-site or off-site and landfill disposal are subject to the requirements of 41 Sections 17409.5.1 through 17409.5.8. 42 2022/06/14 City Council Post Agenda Page 52 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 26 of 127 November 2020 1 Note: 2 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 3 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 4 Section 39730.6, Health and Safety Code. 5 6 Section 17409.5.11. Remnant Organic Material Separated From Gray Container 7 Processing. 8 (a) Remnant organic material separated from the gray container collection stream for 9 recovery is not subject to the requirements of Sections 17409.5.1 and 17409.5.8. 10 (1) Remnant organic material removed from the gray container collection stream for 11 recovery can be combined with organic material removed from the source separated 12 organic waste collection stream for recovery once the material from the source 13 separated organic waste collection stream has gone through the measurement 14 protocol described in Section 17409.5.4. 15 Note: 16 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 17 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 18 Section 39730.6, Health and Safety Code. 19 Section 17409.5.12. Transfer/Processing EA Verification Requirements. 20 (a) The operator shall provide the EA all requested information and other assistance so 21 that the EA can verify that the measurements conducted by the operator are consistent 22 with the requirements of Sections 17409.5.2, 17409.5.3, 17409.5.4, 17409.5.5, 23 17409.5.7, and 17409.5.8. 24 (b) The EA shall conduct such verification through: 25 (1) The review of records required by Section 17414.2; and 26 (2) The periodic, direct observation of measurements at a frequency necessary to 27 ensure that the operator is performing such measurements in a manner consistent 28 with Sections 17409.5.2, 17409.5.3, 17409.5.4, 17409.5.5, 17409.5.7, and 29 17409.5.8. 30 (c) If, at any time, the EA determines that the records under Section 17414.2(b) indicate 31 that compostable material is sent offsite to any destination(s) other than an authorized 32 permitted solid waste facility or operation, the EA shall directly observe any 33 compostable material onsite designated for such offsite destination(s). If physical 34 contaminants, based on visual observation, clearly exceed the limits in Section 35 17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 36 37 Note: 38 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 39 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 40 Section 39730.6 Health and Safety Code. 41 2022/06/14 City Council Post Agenda Page 53 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 27 of 127 November 2020 Article 6.3. Record Keeping Requirements 1 Section 17414.2. Recordkeeping and Reporting Requirements - Organic Waste 2 Recovery. 3 (a) The operator shall keep the following records: 4 (1) The results of each sample conducted pursuant to Sections 17409.5.2, 5 17409.5.3, 17409.5.4, 17409.5.5, 17409.5.7, and 17409.5.8. 6 (2) The daily outgoing weights of material recovered from the mixed organic waste 7 stream. 8 (3) The daily outgoing weights of materials removed from the mixed organic waste 9 stream and sent to landfill disposal. 10 (4) The daily outgoing weights of material recovered from the source separated 11 organic waste stream. 12 (5) The daily outgoing weights of material removed from the source separated, 13 organic-waste stream and sent to landfill disposal. 14 (6) The daily incoming weights of mixed organic waste. 15 (7) The daily incoming weights of source separated organic waste. 16 (8) The results of the formula calculated pursuant to Section 17409.5.8(b)(7). 17 (9) If the operator complies with the incompatible material requirements in Section 18 17409.5.8 by sending material to a facility that meets the requirements of Section 19 17409.5.8(c), the operator shall keep a record of: 20 (A) The name, address, location, and if applicable the RDRS number, of each 21 facility that material is sent to. 22 (B) The daily outgoing weights of material sent to each facility by type. 23 (10) The results of the waste evaluations conducted pursuant to Section 17409.5.7. 24 (A) A copy of the notification if the waste evaluation was performed at an 25 alternative solid waste facility. 26 (b) The operator shall record and maintain the following records regarding compostable 27 material that is sent offsite to any destination(s) other than an authorized permitted solid 28 waste facility or operation: 29 (1) The level of incompatible materials in that material as measured pursuant to 30 17409.5.8; and 31 (2) The total weights of that material per day. 32 (c) The records required in Subdivisions (a) and (b) shall be: 33 (1) Adequate for overall planning and control purposes. 34 (2) As current and accurate as practicable. 35 (d) All records required by this article shall be kept by the operator in one location and 36 accessible for five (5) years and shall be available for inspection by the EA and other 37 duly authorized regulatory agencies during normal working hours. 38 (e) The operator shall submit copies of specified records to the EA upon request or at a 39 frequency approved by the EA. 40 (f) Each operator shall maintain records in accordance with Title 14, California Code of 41 Regulations, Division 7, Chapter 9, Article 9.25, Section 18815.1 et. seq. The records 42 shall be available for inspections as authorized by that article during normal business 43 hours and retained in the operating record near the site or in an alternative location 44 approved by the EA. 45 2022/06/14 City Council Post Agenda Page 54 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 28 of 127 November 2020 Note: 1 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 2 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 3 Section 39730.6, Health and Safety Code. 4 Chapter 3.1. Composting Operations Regulatory 5 Requirements 6 Article 2. Regulatory Tiers for Composting Operations and Facilities. 7 Section 17855. Excluded Activities. 8 (a) Except as provided otherwise in this Chapter, the activities listed in this section do 9 not constitute compostable material handling operations or facilities and are not 10 required to meet the requirements set forth herein. Nothing in this section precludes the 11 EA or the Department from inspecting an excluded activity to verify that the activity is 12 being conducted in a manner that qualifies as an excluded activity or from taking any 13 appropriate enforcement action. 14 (1) An activity is excluded if it handles agricultural material, derived from an 15 agricultural site, and returns a similar amount of the material produced to that same 16 agricultural site, or an agricultural site owned or leased by the owner, parent, or 17 subsidiary of the composting activity. No more than an incidental amount of up to 18 1,000 cubic yards of compost product may be given away or sold annually. 19 (2) Vermicomposting is an excluded activity. The handling of compostable material 20 prior to and after its use as a growth medium during the vermicomposting process is 21 not an excluded activity and is subject to the requirements of this chapter or the 22 Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, 23 California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is 24 applicable, as follows: 25 (A) when the compostable material is active compost or is likely to become active 26 compost, as determined by the EA, the requirements of this chapter apply; 27 (B) at all other times when it is not being used as a growth medium during 28 vermicomposting, the compostable material is subject to the Transfer/Processing 29 Operations and Facilities Regulatory Requirements. 30 (3) Mushroom farming is an excluded activity. The handling of compostable material 31 prior to and after its use as a growth medium during the mushroom farming process 32 is not an excluded activity and is subject to the requirements of this chapter or the 33 Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, 34 California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is 35 applicable, as follows: 36 (A) when the compostable material is active compost or is likely to become active 37 compost, as determined by the EA, the requirements of this chapter apply; 38 (B) at all other times when it is not being used as a growth medium during 39 mushroom farming, the compostable material is subject to the Transfer/Processing 40 Operations and Facilities Regulatory Requirements. 41 2022/06/14 City Council Post Agenda Page 55 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 29 of 127 November 2020 (4) Composting green material, agricultural material, food material, and vegetative 1 food material, alone or in combination, is an excluded activity if the total amount of 2 feedstock and compost on-site at any one time does not exceed 100 cubic yards and 3 750 square feet.[Note: Persons handling compostable material under the above 4 exclusion are obligated to obtain all permits, licenses, or other clearances that may 5 be required by other regulatory agencies including, but not limited to local health 6 entities and local land use authorities.] 7 (5) The handling of compostable materials is an excluded activity if: 8 (A) the activity is located at a facility (i.e., landfill or transfer/processing facility) that 9 has a tiered or full permit as defined in section 18101, 10 1.has a Report of Facility Information which is completed and submitted to the 11 EA that identifies and describes the activity and meets the requirements of 12 Titles 14 or 27; and, 13 2.will only use the material on the facility site, or 14 (B) the activity is solely for the temporary storage of biosolids sludge at a Publicly 15 Owned Treatment Works (POTW), or 16 (C) the activity is located at the site of biomass conversion and is for use in 17 biomass conversion as defined in Public Resources Code section 40106; or 18 (D) the activity is part of a silvicultural operation or a wood, paper, or wood product 19 manufacturing operation; or 20 (E) the activity is part of an agricultural operation and is used to temporarily store 21 or process agricultural material not used in the production of compost or mulch; or 22 (F) the activity is part of an operation used to chip and grind materials derived from 23 and applied to lands owned or leased by the owner, parent, or subsidiary of the 24 operation; or 25 (G) the activity is part of an agricultural operation used to chip and grind 26 agricultural material produced on lands owned or leased by the owner, parent, or 27 subsidiary of the agricultural operation, for use in biomass conversion; or 28 (H) the activity is part of a licensed animal food manufacturing or a licensed 29 rendering operation. An activity that is a licensed animal food manufacturing 30 activity, or a rendering activity which is authorized by the California Department of 31 Food and Agriculture pursuant to Section 19300 of the Food and Agricultural 32 Code, and in which no solid waste feedstock bypasses the manufacturing or 33 rendering process; or 34 (I) the activity is the storage of yard trimmings at a publicly designated site for the 35 collection of lot clearing necessary for fire protection provided that the public 36 agency designating the site has notified the fire protection agency; or 37 (J) the materials are handled in such a way to preclude their reaching 38 temperatures at or above 122 degrees Fahrenheit as determined by the EA; or 39 (6) Storage of bagged products from compostable material is an excluded activity 40 provided that such bags are no greater than 5 cubic yards. 41 Note: 42 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 43 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 44 39730.6, Health and Safety Code. 45 2022/06/14 City Council Post Agenda Page 56 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 30 of 127 November 2020 Article 6. Composting Operating Standards 1 Section 17867. General Operating Standards. 2 (a) All compostable materials handling operations and facilities shall meet the following 3 requirements: 4 (1) All handling activities are prohibited from composting any material specified in 5 section 17855.2 of this Chapter. 6 (2) All handling activities shall be conducted in a manner that minimizes odor impacts 7 so as to not cause a nuisance. 8 (3) All handling activities shall be conducted in a manner that minimizes vectors, 9 litter, hazards, nuisances, and noise impacts; and minimizes human contact with, 10 inhalation, ingestion, and transportation of dust, particulates, and pathogenic 11 organisms. 12 (4) Random load checks of feedstocks, additives, and amendments for contaminants 13 shall be conducted. 14 (5) Contamination of compostable materials that has undergone pathogen reduction, 15 pursuant to section 17868.3 of this Chapter, with feedstocks, compost, or wastes that 16 have not undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, 17 or additives shall be prevented. 18 (6) Unauthorized human or animal access to the facility shall be prevented. 19 (7) Traffic flow into, on, and out of the composting operation or facility shall be 20 controlled in a safe manner. 21 (8) All compostable materials handling operations and facilities that are open for 22 public business shall post legible signs at all public entrances. These signs shall 23 include the following information: 24 (A) name of the operation or facility, 25 (B) name of the operator, 26 (C) facility hours of operation, 27 (D) materials that will and will not be accepted, if applicable, 28 (E) schedule of charges, if applicable, and 29 (F) phone number where operator or designee can be reached in case of an 30 emergency. 31 (9) The operator shall provide fire prevention, protection and control measures, 32 including, but not limited to, temperature monitoring of windrows and piles, adequate 33 water supply for fire suppression, and the isolation of potential ignition sources from 34 combustible materials. Firelanes shall be provided to allow fire control equipment 35 access to all operation areas. 36 (10) The operator shall provide telephone or radio communication capability for 37 emergency purposes. 38 (11) Physical Contaminants and refuse removed from feedstock, compost, or chipped 39 and ground material shall be removed from the site within 7 days and transported to 40 an appropriate facility. 41 (12) Enclosed operations and facilities shall provide ventilation to prevent adverse 42 public health effects from decomposition gases. 43 (13) The operator shall ensure that leachate is controlled to prevent contact with the 44 public. 45 2022/06/14 City Council Post Agenda Page 57 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 31 of 127 November 2020 (14) The operator shall prevent or remove physical contaminants in compost and 1 chipped and ground materials that may cause injury to humans. 2 (15) An attendant shall be on duty during business hours if the operation or facility is 3 open to the public. 4 (16) The operator shall determine the quarterly percentage of organic waste 5 contained in materials sent to landfill disposal. 6 (A) To determine the percentage, the operator shall measure the amount of 7 organic waste by weight present in the materials sent to landfill disposal. 8 1.The measurements required pursuant to this section shall be conducted at the 9 following frequency: 10 i. For each reporting period, the operator shall perform the sampling protocol 11 required in Subdivision (a)(16)(B) over at least ten (10) consecutive operating 12 days. 13 ii. An operator may use the results of samples conducted over a period of 14 more than 10 days if the following apply: 15 1. If less than 10 additional days are sampled in the reporting period, the 16 additional operating days where sampling is performed shall be a 17 consecutive continuation of the original 10 consecutive days of sampling. 18 2. If 10 additional operating days or more are selected for sampling, the 19 additional operating days shall be conducted on consecutive days but may 20 be performed during a different part of the reporting period and are not 21 required to be a continuation of the original 10 operating days. 22 (B) The operator shall comply with Subdivision (a)(16)(A) by using the following 23 protocol: 24 1. Take one sample of at least two hundred (200) pounds of the materials that 25 the operation or facility is sending to landfill disposal on that operating day. 26 Each sample shall be: 27 i. Representative of a typical operating day; and 28 ii. A random, composite sample taken either from various times during the 29 operating day or from various locations within the pile(s) of material that will 30 be sent to disposal. 31 2. Record the weight of the sample. If the total weight of material sent to landfill 32 disposal in a single operating day is less than 200 pounds, the operator shall 33 sample all of the material that is sent to landfill disposal that day. 34 3. Remove any material that is not organic waste and determine the remaining 35 weight of the organic waste in the sample. 36 4. Then determine the ratio of organic waste present in the materials removed 37 for landfill disposal by dividing the total from Subdivision (a)(16)(B)3 by the total 38 from Subdivision (a)(16)(B)2. 39 5. Determine the total weight of organic waste that is sent to landfill disposal by 40 multiplying the ratio determined pursuant to Subdivision (a)(16)(B)4 by the total 41 weight of the materials sent to landfill disposal. 42 6. Determine the sum of outgoing weights of organic waste present in the 43 materials that is sent to landfill disposal as determined pursuant to Subdivision 44 (a)(16)(B)5. 45 2022/06/14 City Council Post Agenda Page 58 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 32 of 127 November 2020 7. Determine the ratio of organic waste sent to landfill disposal by dividing the 1 total from Subdivision (a)(16)(B)6 by the total outgoing weights of material that 2 is sent to landfill disposal. 3 8. Determine the percentage of organic waste present in the material sent to 4 landfill disposal by multiplying the ratio as determined pursuant to Subdivision 5 (a)(16)(B)7 by 100. 6 (C) The operator shall conduct a measurement in the presence of the EA when 7 requested. 8 (D) If it is determined by the EA that the measurements do not accurately reflect 9 the records, the EA may require the operator to increase the frequency of 10 measurements, revise the measurement protocol, or both to improve accuracy. 11 (E) An alternative measurement protocol for determining the amount of organic 12 waste sent to landfill disposal may be approved by the EA, with concurrence by 13 the Department. For the purposes of this section, alternative measurement 14 protocols may include, but are not limited to, measurements made with a different 15 sampling frequency and/or weight than those specified in this article. The 16 Department shall concur with EA approval if it finds that the alternative 17 measurement protocol will ensure that the measurements will be as accurate as 18 those in Subsection (a)(16)(A) and (B), above. 19 (F) For the purposes of the measurements required by this Subdivision, organic 20 waste that are textiles, carpet, hazardous wood waste, non-compostable paper, 21 human or pet waste, and material subject to a quarantine on movement issued by 22 a county agricultural commissioner, is not required to be measured as organic 23 waste. 24 (G) Organic waste sent to an activity listed in Section 18983.1(a) shall constitute 25 landfill disposal. 26 Note: 27 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 28 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 29 39730.6, Health and Safety Code. 30 Article 8. Composting Operation and Facility Records 31 Section 17869. General Record Keeping and Reporting Requirements. 32 Except as provided in subsection (d), all compostable materials handling operations and 33 facilities shall meet the following requirements: 34 (a) All records required by this Chapter shall be kept in one location and accessible for 35 five (5) years and shall be available for inspection by authorized representatives of the 36 Department, EA, local health entity, and other duly authorized regulatory and EAs 37 during normal working hours. 38 (b) The operator shall record any special occurrences encountered during operation and 39 methods used to resolve problems arising from these events, including details of all 40 incidents that required implementing emergency procedures. 41 (c) The operator shall record any public complaints received by the operator, including: 42 (1) the nature of the complaint, 43 2022/06/14 City Council Post Agenda Page 59 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 33 of 127 November 2020 (2) the date the complaint was received, 1 (3) if available, the name, address, and telephone number of the person or persons 2 making the complaint, and 3 (4) any actions taken to respond to the complaint. 4 (d) The operator shall record the quantity and type of feedstock received and quantity of 5 compost and chipped and ground material produced. maintain records listed in this 6 subdivision in a form and manner approved by the EA. Agricultural compostable 7 materials handling operations shall maintain records only for compostable material 8 accepted from off-site. Such records shall be adequate for overall planning and control 9 purposes and be as current and accurate as practicable. The records shall be 10 maintained for five (5) years in the operating record and be available for review by the 11 appropriate jurisdiction of origin, haulers, and other duly authorized regulatory agencies. 12 (e) The operator shall maintain the following records under this section 13 (1) The quarterly percentage of organic waste contained in materials sent to landfill 14 disposal as calculated pursuant to Section 17867(a)(16). 15 (2) Daily outgoing weights of material sent to disposal. 16 (3) Daily outgoing weights of compost or chipped and ground material produced. 17 (4) Daily incoming weights by material type. 18 (5) The weight of compostable material sent offsite to any destination(s) other than 19 an authorized permitted solid waste facility or operation. 20 (e) The operator shall record the number of load checks performed and loads rejected. 21 (f) The operator shall record all test results generated by compliance with Article 7 of 22 this Chapter, including but not limited to, metal concentrations, physical contamination 23 limits, fecal coliform and Salmonella sp. densities, temperature measurements, and 24 dates of windrow turnings; chipping and grinding operations and facilities must record 25 the determinations of the percentage of physical contaminants required by 17862.1(d). 26 (1) The operator shall retain records detailing pathogen reduction methods. 27 (g) The operator shall record and retain records of any serious injury to the public 28 occurring on-site and any complaint of adverse health effects to the public attributed to 29 operations. Serious injury means any injury that requires inpatient hospitalization for a 30 period in excess of 24 hours or in which a member of the public suffers a loss of any 31 member of the body or suffers any degree of permanent disfigurement. 32 (h) The operator shall retain a record of training and instruction completed in 33 accordance with section 17867.5. 34 (i) Each operator shall maintain records in accordance with Title 14, California Code of 35 Regulations, Division 7, Chapter 9, Article 9.25, Section 18815.1 et. seq. The records 36 shall be available for inspections as authorized by that article during normal business 37 hours and retained in the operating record near the site or in an alternative location 38 approved by the Local Enforcement Agency. 39 (j) The operator shall provide the EA all requested information and other assistance so 40 that the EA can verify that the measurements conducted by the operator are consistent 41 with the requirements of Section 17867(a)(16). The EA shall conduct such verification 42 through: 43 (1) The review of records required by this section; and 44 2022/06/14 City Council Post Agenda Page 60 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 34 of 127 November 2020 (2) The periodic, direct observation of measurements at a frequency necessary to 1 ensure that the operator is performing such measurements in a manner consistent 2 with this section. 3 (k) If, at any time, the EA determines that the records required by this section indicate 4 that compostable material is sent offsite to any destination(s) other than an authorized 5 permitted solid waste facility or operation, the EA shall directly observe any 6 compostable material onsite designated for such offsite destination(s). If physical 7 contaminants, based on visual observation, clearly exceed the limits in Section 8 17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 9 Note: 10 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 11 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 12 39730.6, Health and Safety Code. 13 14 Chapter 3.2. In-Vessel Digestion Operations and Facilities 15 Regulatory Requirements 16 Article 1. In-Vessel Digestion Operations and Facilities Regulatory 17 Requirements 18 Section 17896.6. Excluded Activities. 19 (a) The activities listed in this section are not subject to the in-vessel digestion 20 requirements set forth in this Chapter. Nothing in this section precludes the EA or the 21 Department from inspecting an excluded activity to verify that the activity is being 22 conducted in a manner that qualifies as an excluded activity or from taking any 23 appropriate enforcement action. 24 (1) A Publicly Owned Treatment Works Treatment Plant (POTW Treatment Plant), as 25 defined in section 403.3(r) of Title 40 of the Code of Federal Regulations, that receives 26 vehicle-transported solid waste that is an anaerobically digestible material for the 27 purpose of anaerobic co-digestion with POTW Treatment Plant wastewater, is excluded 28 under the following conditions: 29 (A) Anaerobically digestible materials must be trucked or hauled into a POTW 30 Treatment Plant. Once on-site, the anaerobically digestible material must be pumped or 31 off-loaded directly into a covered, leak-proof container and then pumped, or diluted or 32 slurried and then pumped, and co-digested in an anaerobic digester(s) at the POTW 33 Treatment Plant. The pumped material may be screened, otherwise separated or 34 treated prior to anaerobic digestion, but must be processed and conveyed in a 35 contained system. Any separated material at the POTW that is not suitable for 36 anaerobic digestion and has no beneficial use shall be further managed as a solid 37 waste. 38 (B) The POTW Treatment Plant has developed Standard Operating Procedures for the 39 acceptance of anaerobically digestible material, the POTW Treatment Plant has notified 40 the Regional Water Quality Control Board that those Standard Operating Procedures 41 2022/06/14 City Council Post Agenda Page 61 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 35 of 127 November 2020 are being implemented, and a Standard Provision (permit condition) that reflects the 1 acceptance of anaerobically digestible material: 2 1. has been incorporated into the POTW Treatment Plant's Waste Discharge 3 Requirements or National Pollutant Discharge Elimination System permit; or 4 2. will be incorporated into the POTW Treatment Plant's Waste Discharge 5 Requirements or National Pollutant Discharge Elimination System permit no later than 6 the next permit renewal. 7 (C) For the purpose of this exclusion, “anaerobically digestible material” means: inedible 8 kitchen grease as defined in section 19216 of the Food and Agricultural Code, food 9 material as defined in Title 14, CCR, section 17896.2(a)(12) and vegetative food 10 material as defined in Title 14, CCR, section 17896.2(a)(12)(A). 11 (D) For the purpose of this exclusion, the Department, in consultation with the State 12 Water Resources Control Board and the California Department of Food and Agriculture, 13 will on a case-by-case basis, review and consider approval of additional types of 14 organic materials as potential “anaerobically digestible material” beyond those specified 15 in section 17896.6(a)(1)(C) in accordance with the following: 16 1. Receipt of a written request to the Department from the General Manager or 17 designee of a POTW Treatment Plant. 18 a. The written request must contain the following information: 19 i. The purpose of the request. 20 ii. Identification of the POTW Treatment Plant proposing to anaerobically co-digest the 21 organic waste material with the POTW wastewater. 22 iii. Types of organic material requested for classification as an anaerobically digestible 23 material. 24 iv. The source(s) of the waste material. 25 v. A description of how the waste material will be handled, processed, stored and 26 transported (before and after receipt at the POTW Treatment Plant). 27 vi. A map identifying all proposed physical changes proposed at the POTW Treatment 28 Plant to accommodate the new waste materials. 29 vii. Available laboratory test results, engineering reports, research or study to support 30 the request. 31 viii. Data and/or reports if this waste material has been used without incident at a 32 different POTW Treatment Plant. 33 ix. The name, addresses and phone numbers for the General Manager and designee of 34 the POTW Treatment Plant. 35 b. Upon receipt of the written request, the Department will communicate and coordinate 36 the request with and between the State Water Resources Control Board and the 37 California Department of Food and Agriculture and will complete the following actions: 38 i. Within 10 days of receipt, send written confirmation to the General Manager and 39 designee of the POTW Treatment Plant indicating receipt of the letter and distribute the 40 letter to appropriate Department staff, as well as to the State Water Resources Control 41 Board and California Department of Food and Agriculture staff contacts for review; 42 ii. Within 15 days of receipt, schedule a meeting with State Water Resources Control 43 Board and California Department of Food and Agriculture staff contacts; 44 iii. Prior to the meeting, Department staff will review the letter and identify questions 45 and/or issues with the request and make a list of recommendations; 46 2022/06/14 City Council Post Agenda Page 62 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 36 of 127 November 2020 iv. Within 40 days of receipt, conduct a meeting on the request. If an agency 1 representative does not attend the meeting, comments will be accepted by the 2 Department up to close of business on the 45th day after receipt; 3 v. Within 60 days of receipt, the Department will provide a written decision to the 4 General Manager and designee of the POTW Treatment Plant stating one of the 5 following: 6 I. The waste type has or has not been determined to be an anaerobically digestible 7 material excluded from both the In-Vessel Digestion Operations and Facilities 8 Regulatory Requirements (pursuant to section 17896.6(a)(1)(C) and the 9 Transfer/Processing Operations and Facility Regulatory Requirements (pursuant to 10 section 17403.1(a)(8)); 11 II. The agencies, based on the information provided, were unable to reach a 12 determination and additional information is required before a determination can be 13 made; or 14 III. The agencies have determined that additional research or study will need to be 15 conducted and the results analyzed prior to a determination made by the agencies. 16 IV. If additional information, research or study is necessary, the Department will consult 17 with the General Manager or designee of the POTW, the State Water Resources 18 Control Board and California Department of Food and Agriculture contacts, for the 19 purpose of developing a timeline for either reviewing the additional information or for 20 reviewing a proposed scope of work and timeline for additional research or study. 21 2. For the purpose of this exclusion, if an organic waste material is determined by the 22 Department to be an anaerobically digestible material for the purpose of co-digestion 23 with the POTW wastewater, the POTW Treatment Plant must comply with section 24 17896.6(a)(1)(A) prior to receipt of the material at the POTW Treatment Plant. 25 (2) In-vessel digestion of agricultural material derived from an agricultural site and the 26 digestate or compost produced from digestate is returned to that same agricultural site, 27 or an agricultural site owned or leased by the owner, parent, or subsidiary of the 28 agricultural site on which the in-vessel digester is located. No more than an incidental 29 amount of up to 1,000 cubic yards of compost produced from digestate may be given 30 away or sold annually. Digestate that is not composted may not be given away or sold. 31 (3) In-vessel digestion at a dairy involving the co-digestion of manure with agricultural 32 material derived on-site, imported agricultural material, and/or imported vegetative food 33 material in accordance with Waste Discharge Requirements issued by a Regional 34 Water Quality Control Board. 35 (A) Any imported materials delivered to the dairy must be pumped or off-loaded directly 36 into a covered, leak-proof container and then pumped, or diluted or slurried and then 37 pumped, and co-digested in an in-vessel digester at a dairy. The pumped material may 38 be screened, otherwise separated or treated prior to in-vessel digestion, but must be 39 processed and conveyed in a contained system. Any separated material at the dairy 40 that is not suitable for in-vessel digestion and has no beneficial use shall be further 41 managed as a solid waste. 42 (B) No more than an incidental amount of up to 1,000 cubic yards of compost produced 43 from digestate may be given away or sold annually. Digestate that is not composted 44 may not be given away or sold. 45 2022/06/14 City Council Post Agenda Page 63 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 37 of 127 November 2020 (4) In-vessel digestion activities with less than a total of 100 cubic yards of solid waste, 1 feedstock, and digestate on-site are excluded. 2 [NOTE: Persons handling solid waste under the above exclusion are obligated to obtain 3 all permits, licenses, or other clearances that may be required by other regulatory 4 agencies including, but not limited to local health entities and local land use authorities.] 5 (5) Rendering activities, authorized by the California Department of Food and 6 Agriculture pursuant to section 19300 of the Food and Agricultural Code, or an activity 7 that is a licensed animal food manufacturing activity, and in which no solid waste 8 feedstock bypasses the rendering process. 9 (6) Other discrete handling activities that are already subject to more stringent handling 10 requirements under Federal or State law, as determined by the EA in consultation with 11 the Department, are excluded. 12 Note: 13 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 14 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 15 Section 39730.6, Health and Safety Code. 16 Article 3. Operating Standards for In-Vessel Digestion Operations and 17 Facilities 18 Section 17896.44.1. Measuring Organic Waste in Material Sent to Disposal. 19 (a) The operator shall determine the quarterly percentage of organic waste contained in 20 materials sent to landfill disposal. 21 (1) To determine the percentage, the operator shall, measure the amount of organic 22 waste by weight present in the materials sent to landfill disposal. 23 (A) The measurements required pursuant to this section shall be conducted at the 24 following frequency: 25 1. For each reporting period, the operator shall perform the sampling protocol 26 required in Subdivision (a)(2) over at least ten (10) consecutive operating days. 27 2. An operator may use the results of samples conducted over a period of more 28 than 10 days if the following apply: 29 i. If less than 10 additional days are sampled in the reporting period, the 30 additional operating days where sampling is performed shall be a 31 consecutive continuation of the original 10 consecutive days of sampling. 32 ii. If 10 additional operating days or more are selected for sampling, the 33 additional operating days shall be conducted on consecutive days but may 34 be performed during a different part of the reporting period and are not 35 required to be a continuation of the original 10 operating days. 36 (2) The operator shall comply with Subdivision (a)(1) by using the following protocol: 37 (A) Take one sample of at least two hundred (200) pounds of the materials that the 38 operation or facility is sending to landfill disposal on that operating day. Each 39 sample shall be: 40 1.Representative of a typical operating day; and 41 2022/06/14 City Council Post Agenda Page 64 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 38 of 127 November 2020 2. A random, composite sample taken either from various times during the 1 operating day or from various locations within the pile(s) of material that will be 2 sent to disposal. 3 (B) Record the weight of the sample. If the total weight of material sent to landfill 4 disposal in a single operating day is less than 200 pounds, the operator shall 5 sample all of the material that is sent to landfill disposal that day. 6 (C) Remove any material that is not organic waste and determine the remaining 7 weight of the organic waste in the sample. 8 (D) Then determine the ratio of organic waste present in the materials removed for 9 landfill disposal by dividing the total from Subdivision (a)(2)(C) by the total from 10 Subdivision (a)(2)(B). 11 (E) Determine the total weight of organic waste that is sent for landfill disposal by 12 multiplying the ratio determined pursuant to Subdivision (a)(2)(D) by the total 13 weight of the materials removed for landfill disposal from the source separated 14 organic waste collection stream after processing. 15 (F) Determine the sum of outgoing weights of organic waste present in material 16 that is sent to landfill disposal as determined pursuant to Subdivision (a)(2)(E). 17 (G) Determine the ratio of organic waste present in the material sent to landfill 18 disposal by dividing the total from Subdivision (a)(2)(F) by the total monthly 19 outgoing weights of residuals removed that is sent for landfill disposal. 20 (H) Determine the percentage of organic waste present in the material sent to 21 landfill disposal by multiplying the monthly ratio as determined pursuant to 22 Subdivision (a)(2)(G) by 100. 23 (b) The operator shall conduct a measurement in the presence of the EA when 24 requested. 25 (c) If it is determined by the EA that the measurements do not accurately reflect the 26 records, the EA may require the operator to increase the frequency of measurements, 27 revise the measurement protocol, or both to the improve accuracy. 28 (d) An alternative measurement protocol for determining the amount of organic waste 29 contained in the residual may be approved by the EA, with concurrence by the 30 Department. For the purposes of this section, alternative measurement protocols may 31 include, but are not limited to, measurements made with a different sampling frequency 32 and/or weight than those specified in this article. The Department shall concur with EA 33 approval if it finds that the alternative measurement protocol will ensure that the 34 measurements will be as accurate as those described in Subsection (a)(1) and (2), 35 above. 36 (e) Organic waste that are textiles, carpet, hazardous wood waste, non-compostable 37 paper and material subject to a quarantine on movement issued by a county agricultural 38 commissioner is not required to be measured as organic waste. 39 (f) Organic waste sent to an activity listed in Section 18983.1(a) shall constitute landfill 40 disposal. 41 Note: 42 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 43 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 44 Section 39730.6, Health and Safety Code. 45 2022/06/14 City Council Post Agenda Page 65 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 39 of 127 November 2020 Article 4. Record Keeping Requirements. 1 Section 17896.45. Record Keeping and Reporting Requirements. 2 Each operator shall meet the following requirements: 3 (a) Each operator shall maintain records of incoming weights or volumes and outgoing 4 salvage or residual weights or volumes listed in this subdivision in a form and manner 5 approved by the EA. Such records shall besubmitted to the EA or the Department upon 6 request; be adequate for overall planning and control purposes; and, be as current and 7 accurate as practicable. 8 (1) The quarterly percentage of organic waste contained in material sent to landfill 9 disposal as calculated pursuant to Section 17896.44.1. 10 (2) The outgoing weights or volumes of material sent to disposal. 11 (3) Daily outgoing weights or volumes of organic waste recovered and produced. 12 (4) Daily outgoing weights or volumes of salvaged materials. 13 (5) Daily incoming weights of material. 14 (6) The weight of compostable material sent offsite to any destination(s) other than 15 an authorized permitted solid waste facility or operation. 16 (b) All records required by this Chapter shall be kept by the operator in one location and 17 accessible for five (5) years and shall be available for inspection by the EA and other 18 duly authorized regulatory agencies during normal working hours. 19 (c) The operator shall submit copies of specified records to the EA upon request or at a 20 frequency approved by the EA; 21 (d) The operator shall maintain a daily log book or file of special occurrences 22 encountered during operations and methods used to resolve problems arising from 23 these events, including details of all incidents that required implementing emergency 24 procedures. Special occurrences shall include but are not limited to: fires, injury and 25 property damage, accidents, explosions, receipt or rejection of prohibited wastes, lack 26 of sufficient number of personnel pursuant to section 17896.42, flooding, earthquake 27 damage and other unusual occurrences. In addition, the operator shall notify the EA by 28 telephone within 24 hours of all incidents requiring the implementation of emergency 29 procedures, unless the EA determines that a less immediate form of notification will be 30 sufficient to protect public health and safety and the environment; 31 (e) The operator shall record any written public complaints received by the operator, 32 including: 33 (1) the nature of the complaint, 34 (2) the date the complaint was received, 35 (3) if available, the name, address, and telephone number of the person or persons 36 making the complaint, and 37 (4) any actions taken to respond to the complaint; 38 (f) The operator shall maintain a copy of the written notification to the EA and local 39 health agency of the name, address and telephone number of the operator or other 40 person(s) responsible for the operations as required by section 17896.42; 41 (g) The operator shall maintain records of employee training as required by section 42 17896.43; 43 (h) all in-vessel digestion operations and facilities shall maintain records as required by 44 section 18809 et seq. 45 2022/06/14 City Council Post Agenda Page 66 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 40 of 127 November 2020 (i) The operator shall record all test results generated by compliance with Article 6 of 1 this Chapter, including but not limited to, metal concentrations, physical contamination 2 limits, fecal coliform and Salmonella sp. densities, temperature measurements, and 3 dates of windrow turnings. 4 (1) The operator shall retain records detailing pathogen reduction methods. 5 (j) Each operator shall maintain records in accordance with Title 14, California Code of 6 Regulations, Division 7, Chapter 9, Article 9.25, Section 18815 et. seq. The records 7 shall be available for inspections as authorized by that article during normal business 8 hours and retained in the operating record near the site or in an alternative location 9 approved by the Local Enforcement Agency. 10 (k) The operator shall provide the EA all requested information and other assistance so 11 that the EA can verify that the measurements conducted by the operator are consistent 12 with the requirements of Sections 17896.44.1. The EA shall conduct such verification 13 through: 14 (1) The review of records required by this section; and 15 (2) The periodic, direct observation of measurements at a frequency necessary to 16 ensure that the operator is performing such measurements in a manner consistent 17 with this section. 18 (l) If, at any time, the EA determines that the records required by this section indicate 19 that compostable material is sent offsite to any destination(s) other than an authorized 20 permitted solid waste facility or operation, the EA shall directly observe any 21 compostable material onsite designated for such offsite destination(s). If physical 22 contaminants, based on visual observation, clearly exceed the limits in Section 23 17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 24 Note: 25 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 26 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 27 Section 39730.6, Health and Safety Code. 28 Article 6. Digestate Handling Standards 29 17896.57. Digestate Handling. 30 (a) Digestate not contained in an in-vessel digester shall, within 24 hours, be: 31 (1) stored or processed on-site in a sealed container or sealed structure unless the 32 EA approves an alternative handling method after determining the alternative method 33 will not pose an additional risk to public health and safety or the environment; or 34 (2) incorporated in an on-site aerobic compost process. 35 (A) On-site aerobic composting of digestate is allowable only at large volume in-36 vessel digestion facilities that have obtained an In-vessel Digestion Facility Permit 37 pursuant to section 17896.13. 38 (B) All in-vessel digestion facilities that compost on-site shall comply with the 39 sampling requirements of section 17896.58, maximum metal concentrations 40 requirements of section 17896.59, the maximum acceptable pathogen 41 concentrations requirements of section 17896.60(b)(1), and physical 42 contamination limits of section 17896.61; or 43 2022/06/14 City Council Post Agenda Page 67 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 41 of 127 November 2020 (3) removed from the site and eitherone of the following: 1 (A) transported only to another solid waste facility or operation for additional 2 processing, composting, or disposal; or 3 1. Digestate that is transported to another solid waste facility or operation for 4 additional processing or composting shall only be transported to one of the 5 following facilities: 6 i. A transfer/processing facility or operation that complies with Section 7 17409.5.8(a); or 8 ii. A compostable material handling facility or operation that, pursuant to 9 Section 17867(a)(16), demonstrates that the percentage of organic waste in 10 the materials sent to disposal is: 11 I. On and after January 1, 2022, less than 20 percent. 12 II. On and after January 1, 2024, less than 10 percent. 13 (B) used in a manner approved by local, state, and federal agencies having 14 appropriate jurisdiction. Any digestate that will be land applied must meet the 15 requirements of sSection 17852(a)(24.5); 16 (C) disposed in a manner as set forth in the Consolidated Regulations for 17 Treatment, Storage, Processing or Disposal of Solid Waste (commencing at Title 18 27, California Code of Regulations, section 20005). 19 (b) Digestate that has not been analyzed for metal concentration pursuant to section 20 17896.59, pathogen concentration pursuant to section 17896.60(b)(1), and physical 21 contaminants pursuant to section 17896.61 or is known to contain any metal in amounts 22 that exceed the maximum metal concentrations described in section 17896.59, 23 pathogens that exceed the maximum acceptable pathogen concentrations described in 24 section 17896.60(b)(1), or physical contaminants that exceed the maximum physical 25 contamination limits described in section 17896.61 shall be designated for disposal, 26 additional processing, or other use as approved by local, state agencies having 27 appropriate jurisdiction. 28 Note: Authority cited: Sections 40502, 43020 and 43021, Public 29 Resources Code. Reference: Sections 40053, 42652.5, 43020 and 43021, Public 30 Resources Code, and Section 39730.6, Health and Safety Code. 31 Chapter 5. Enforcement of Solid Waste Standards and 32 Administration of Solid Waste Facilit y Permits; Loan 33 Guarantees 34 Article 2.2. LEA Performance Standards, Evaluation Criteria, and 35 Duties and Responsibilities 36 Section 18083. LEA Duties and Responsibilities for Inspections. 37 (a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 38 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP, 39 the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, 40 solid waste facilities, operations and disposal sites and equipment to verify compliance 41 2022/06/14 City Council Post Agenda Page 68 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 42 of 127 November 2020 with the state minimum standards, solid waste facilities permits, and related state solid 1 waste laws and regulations within their purview for the protection of the environment 2 and the public health and safety. The LEA/EA shall perform these inspections and 3 related duties as required below, and forward inspection reports to the operator, and/or 4 owner, and the Department within 30 days of the inspection: 5 (1) weekly, for sites operating on performance standards pursuant to 27 CCR Section 6 20695; 7 (2) monthly, for all active and inactive facilities, and for illegal sites and facilities, 8 pending abatement by enforcement action(s); 9 (3) at the frequency required by the state minimum standards for each type of 10 operation specified in 14 CCR Sections 17383.9., 17403.5., and 17896.9. All other 11 operations regulated under the EA Notification tier shall be inspected by the EA at 12 least once every three (3) months unless the EA approves, with Department 13 concurrence, a reduced inspection frequency. The EA may approve a reduced 14 inspection frequency only if it will not pose an additional risk to public health and 15 safety or the environment, and in no case shall the inspection frequency be less than 16 once per calendar year. The EA shall submit a copy of the EA-proposed approval to 17 the Department. The Department shall concur in the EA-proposed approval only if it 18 finds that the reduced inspection frequency will not pose an additional risk to public 19 health and safety or the environment in light of the specific circumstances at the 20 operation in question. The Department shall concur or deny the EA-proposed 21 approval within thirty (30) days from receipt. 22 (4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 23 CCR Section 21565. For closed sites, inspections shall be made until no potential 24 threat exists to public health and safety or the environment. This determination shall 25 be subject to Department approval. For the purposes of this subsection, the 26 enumeration, and the workload analysis, a closed site means a site that has ceased 27 accepting waste and, should be closed, is undergoing closure, or has met applicable 28 closure requirements; 29 (A) the Department may approve an alternate inspection frequency for these sites 30 where such an action will not result in adverse impact on public health and safety 31 and the environment. 32 (5) if an LEA has been designated as the EA for waste tire facilities or entered into an 33 agreement with the Department through a grant program to inspect tire facilities, 34 major waste tire facilities shall be inspected annually, minor waste tire facilities shall 35 be inspected at least once every two and a half years pursuant to 14 CCR Section 36 18443; 37 (6) upon receipt of a complaint or emergency notification which cannot be resolved 38 off-site; 39 (7) as necessary, pursuant to the EPP, upon receipt of a solid waste facilities permit 40 application, revision, review, RFI amendment, or closure/postclosure plan; and 41 (8) pursuant to the EPP, for solid waste handling and collection equipment.; and 42 (9) at the frequency described in Sections 17409.5.12, 17869(j), and 17896.45(k). 43 (b) As specified in their EPP pursuant to Section 18077, the LEA/EA shall conduct any 44 of the above inspections, whenever possible, without prior notice to the owner or 45 2022/06/14 City Council Post Agenda Page 69 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 43 of 127 November 2020 operator, on randomly selected days, during normal business hours or the site's 1 operating hours. 2 Note: 3 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 4 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 5 Section 39730.6, Health and Safety Code. 6 Chapter 9. Planning Guidelines and Procedures for Preparing 7 and Revising Countywide Integrated Waste Management 8 Plans 9 Article 9.25 Recycling and Disposal Reporting System 10 Section 18815.4 Reporting Requirements for Haulers. 11 (a) A self-hauler shall provide the jurisdiction of origin for all material delivered to each 12 transfer/processor or disposal facility. A self-hauler does not have to report to the 13 Department, unless they are a food waste self-hauler. 14 (b) Food waste self-haulers shall report to the Department the tons of food waste sent 15 as follows: 16 (1) To a reporting entity inside California, report the tons of each material type, 17 pursuant to section 18815.9 of this article, and their contact information and RDRS 18 number. 19 (2) To an end user inside or outside California, report the tons of each material type, 20 pursuant to section 18815.9 of this article, sent to each end user category, by region, 21 pursuant to section 18815.3(k) of this article. 22 (3) To a recycling or composting facility or operation outside California, report the 23 tons of each material type, pursuant to section 18815.9 of this article, by region, 24 pursuant to section 18815.3(l) of this article. 25 (4) To each transfer/processor or disposal facility outside California, report the tons of 26 each material type, pursuant to section 18815.9 of this article, sent to each person, 27 and their contact information. 28 (c) A contract hauler shall provide the following information to a receiving reporting 29 entity for all tons delivered, using the methods described in section 18815.9 of this 30 article. A hauler shall provide the information at the time of delivery, unless both the 31 hauler and receiving facility have previously agreed to periodic reports in lieu of 32 providing information at the time of delivery. In all cases, the hauler shall provide the 33 information to the receiving reporting entity within 30 days of the end of the reporting 34 period. 35 (1) For solid waste hauled: 36 (A) A hauler shall provide the jurisdiction of origin for all material sent to each 37 transfer/processor or disposal facility; and 38 (B) If requested by a transfer/processor or disposal facility, then a hauler shall 39 provide the source sector for all material delivered to each broker or transporter, 40 2022/06/14 City Council Post Agenda Page 70 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 44 of 127 November 2020 transfer/processor, or disposal facility, in tons or by percentage using the methods 1 provided in section 18815.9 of this article. 2 (d) A contract hauler who takes material directly from a generator and hauls it to land 3 application or to a person outside the state shall report to the Department. In their report 4 to the Department, a contract hauler shall provide the following information for tons 5 hauled, using the methods described in section 18815.9 of this article: 6 (1) Directly from a generator to land application, the tons of each material type sent 7 by region, pursuant to section 18815.3(k) of this article. 8 (2) Directly from a generator to a person outside the state: 9 (A) For solid waste, the total tons by jurisdiction of origin for all material sent to a 10 disposal facility or transfer/processor, their contact information, and an estimate of 11 the overall source sector tons or percentages for waste sent. 12 (B) For green material sent to each transfer/processor or disposal facility for 13 potential beneficial reuse, the tons by jurisdiction of origin, and the contact 14 information of the receiving facility. 15 (C) For non-green material sent to each transfer/processor or disposal facility for 16 potential beneficial reuse, the tons by material type, pursuant to section 18815.9, 17 and the contact information of the receiving facility. 18 (D) For disaster debris and designated waste sent to each transfer/processor or 19 disposal facility, the tons of each stream, and the contact information of the 20 receiving facility. 21 (E) For material sent to recycling or composting facilities or operations, the tons of 22 each material type sent by region. 23 (F) To end users, the tons of each material sent to each end user category by 24 region, pursuant to section 18815.3(k) of this article. 25 (3) A hauler shall submit their report to the Department by the following due dates for 26 each reporting period: 27 (A) Reporting period 1 due April 30, 28 (B) Reporting period 2 due July 31, 29 (C) Reporting period 3 due October 31, and 30 (D) Reporting period 4 due January 31. 31 (e) For the purposes of RDRS reporting, the Department shall not require a hauler to 32 submit information regarding specific collection locations or customers when providing 33 jurisdiction of origin, material type or source sector information to other reporting entities 34 or to the Department as part of a quarterly report. 35 (1) A jurisdiction is not precluded from requiring this information through franchise 36 agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 37 Code, or other authority it may have. 38 (2) The Department may require a hauler to submit this information in lieu of an audit, 39 or as part of an audit or administrative proceeding. 40 (f) Commencing January 1, 2022, a hauler providing an organic waste collection service 41 pursuant to Article 3, Chapter 12 of this division shall identify, for all materials delivered 42 to each receiving reporting entity, whether the material is: 43 (1) Collected from a “source separated organic waste collection stream” as defined in 44 Section 17402 (a)(26.6) of this division. 45 2022/06/14 City Council Post Agenda Page 71 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 45 of 127 November 2020 (2) Collected from “mixed waste organics collection stream” as defined in in Section 1 17402 (a)(11.5) of this division that is required to be transported to a high diversion 2 organic waste processing facility. 3 (g) Notwithstanding Subdivision (b), a hauler shall provide the information required by 4 Subdivision (f) at the time of delivery. 5 Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 6 Reference: Sections 41821.5, and 41821.6, and 42652.5, Public Resources Code and 7 Section 39730.6, Health and Safety Code. 8 Section 18815.5 Reporting Requirements for Transfer/Processors. 9 (a) In their report to the Department, a transfer/processor shall provide the following 10 information, using the methods in described in section 18815.9 of this article: 11 (1) For all tons accepted: 12 (A) From another transfer/processor, report the tons of each of the following 13 streams: solid waste, disaster debris, designated waste, green material potential 14 beneficial reuse, and all other potential beneficial reuse accepted from each 15 facility. Report the sending facility's contact information and RDRS number, if 16 applicable. 17 (B) For direct-hauled material, report the total aggregated tons of each of the 18 following streams: solid waste, disaster debris, designated waste, green material 19 potential beneficial reuse, and all other potential beneficial reuse. The tonnages for 20 solid waste and green material potential beneficial reuse shall be further divided by 21 jurisdiction of origin. 22 (C) Include accepted residuals generated by a recycling or composting facility or 23 operation that is reporting under the same RDRS number as a transfer/processing 24 facility or operation, pursuant to section 18815.3(d)(4) of this article, in the total 25 tons accepted as direct-hauled, pursuant to subsection (1)(B), assigning the tons 26 to the jurisdiction within which the site is located. 27 (2) For all tons sent to recyclers, composters, brokers, transporters, or end users 28 pursuant to section 18815.9 of this article: 29 (A) To a recycling or composting facility or operation with a different RDRS 30 number inside California, report the tons by material type, pursuant to section 31 18815.9(a) of this article, and their contact information and RDRS number, if 32 applicable. 33 (B) To an end user, report the tons of each material type, pursuant to section 34 18815.9(a) of this article, sent to each end user category by region, pursuant to 35 section 18815.3(k) of this article. 36 (C) To a broker or transporter: 37 (i) In cases where the final destination of the material is determined by the 38 reporting transfer/processor, report pursuant to subsections (a)(2)(A), (a)(2)(B), 39 and (a)(2)(E). 40 (ii) In cases where the final destination of the material is not determined by the 41 reporting transfer/processor, report tons of each material type, pursuant to 42 section 18815.9(a) of this article, sent to each broker or transporter and their 43 contact information and RDRS number, if applicable. 44 2022/06/14 City Council Post Agenda Page 72 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 46 of 127 November 2020 (D) To a recycling or composting facility or operation with the same RDRS 1 number, report pursuant to section 18815.9(h) of this article. 2 (E) To a recycling or composting facility or operation outside California, report the 3 tons of each material type by region. 4 (3) For all tons sent to transfer/processors or disposal facilities inside or outside 5 California of each of the following streams: recycling and composting, solid waste, 6 disaster debris, designated waste, green material potential beneficial reuse, and all 7 other potential beneficial reuse: 8 (A) To each transfer/processor or disposal facility, report the tons of each stream, 9 and their contact information and RDRS number, if applicable. Report the 10 percentage of solid waste and green material potential beneficial reuse received 11 from each transfer/processor, and the total percentage of materials that were 12 direct-hauled, pursuant to subsection (a)(1)(B). The percentage that was direct-13 hauled shall be further divided into the jurisdictions of origin of solid waste and 14 green material potential beneficial reuse. 15 (B) For all tons of solid waste, the percentage that was direct-hauled, pursuant to 16 subsection (a)(1)(B), shall be divided into source sectors, using methods 17 described in section 18815.9(c) of this article. Source sector shall be reported to 18 the department as a facility-wide estimate. 19 (C) For all other material sent for potential beneficial reuse to a landfill or other 20 transfer/processor inside or outside California, report the tons sent to each facility 21 by material type, pursuant to section 18815.9(a)(3) of this article, and the facility's 22 contact information and RDRS number, if applicable. 23 (D) For material sent for recycling to each transfer/processor or disposal facility 24 with a different RDRS number inside California, report the tons by material type, 25 and the facility's contact information and RDRS number, if applicable. 26 (E) For material sent for recycling to each transfer/processor or disposal facility 27 outside California, report the tons by material type and region. 28 (b) A transfer/processor shall report to the Department by the following due dates for 29 each reporting period: 30 (1) Reporting period 1 due May 31, 31 (2) Reporting period 2 due August 31, 32 (3) Reporting period 3 due November 30, and 33 (4) Reporting period 4 due February 28. 34 (c) With the exception of reporting entities who fail to provide required information, for 35 the purposes of RDRS reporting, the Department shall not require a transfer/processor 36 to submit information regarding the identities of individual haulers when providing 37 jurisdiction of origin, or source sector information to the Department as part of a 38 quarterly report. The Department shall not require a transfer/processor to submit 39 information regarding the identities of individual end users when providing material type 40 or region to the Department as part of their report. 41 (1) A jurisdiction is not precluded from requiring this information through franchise 42 agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 43 Code, or other authority it may have. 44 (2) The Department may require a transfer/processor to submit this information in lieu 45 of an audit, or as part of an audit or administrative proceeding. 46 2022/06/14 City Council Post Agenda Page 73 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 47 of 127 November 2020 (d) Commencing with the first reporting period in 2022, and in each subsequent 1 reporting period thereafter: 2 (1) A reporting receiving facility that receives material from a “mixed waste organic 3 collection stream” as defined in Section 17402 (a)(11.5) of this division shall, for the 4 purposes of determining the annual average organic content recovery rate for 5 organic waste received from the mixed waste organic collection stream as specified 6 in Sections 18984.3 and 17409.5.1 of this division, report the following to the 7 Department: 8 (A) The sum of outgoing weights of organic waste recovered from the mixed waste 9 organic collection stream as determined pursuant to Section 17409.5.1(c)(1) of 10 this division. 11 (B)The sum of outgoing weights of organic waste from the mixed waste organic 12 collection stream that is sent to disposal as determined pursuant to Section 13 17409.5.1(c)(2) of this division. 14 (C)The sum of records in Sections 17414.2(a)(2), 17414.2(a)(3), and 17414.2 15 (a)(6) of outgoing and incoming weights of material from the mixed waste organic 16 collection stream. 17 (2) A reporting receiving facility that receives material from a “source separated 18 organic waste collection stream” as defined in Section 17402(a)(26.6) shall report the 19 following to the Department: 20 (A) The sum of outgoing weights of organic waste recovered from the source 21 separated organic collection stream as determined pursuant to Section 17409.5.1 22 (d)(1) of this division. 23 (B) The sum of outgoing weights of organic waste recovered from the source 24 separated organic collection stream as determined pursuant to Section 25 17409.5.1(d)(2) of this division. 26 (C) The sum of weights required to be recorded pursuant to Sections 17414.2 27 (a)(4), 17414.2(a)(5), and 17414.2 (a)(7) of outgoing and incoming weights of 28 material from the source separate organic waste collection stream. 29 (e) The Department shall determine if a facility meets or exceeds the recovery efficiency 30 percentages as specified in the definition of a “high diversion organic waste processing 31 facility” in Section 18982(a)(33) in the following manner: 32 (1) The Department shall determine the quarterly recovery efficiency by dividing the 33 total weight of recovered organic waste reported in Subdivision (d)(1)(A) [Recovered 34 Organics (RO)] by the combined total weight of recovered and disposed organic 35 waste reported in Subdivision (d)(1)(A) and Subdivision (d)(1)(B) [Total Available 36 Mixed Waste Organics(TAMWO)]: RO/TAMWO = Recovery Efficiency. 37 (2) The Department shall use the total weights for the immediately previous four 38 quarters to determine the facility’s annual recovery efficiency which shall constitute 39 the annual average mixed waste organic content recovery rate for the purposes of 40 section 18984.3 of this division. 41 (3) The annual average mixed waste organic content recovery rate shall be 42 determined by using the last four quarterly rates. A new annual average shall be 43 calculated each quarter. 44 (f) The Department shall determine if a facility meets or exceeds the annual average 45 source separated organic content recovery rates specified for a “designated source 46 2022/06/14 City Council Post Agenda Page 74 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 48 of 127 November 2020 separated organic waste facility” as defined in Section 18982(a)(14.5) of this division in 1 the following manner: 2 (1) The Department shall determine the quarterly recovery efficiency by dividing the 3 total weight of recovered organic waste reported in Subdivision (d)(2)(A)[Recovered 4 Organics (RO)] by the combined total weight of recovered and disposed organic 5 waste reported in Subdivision (d)(2)(A) and Subdivision (d)(2)(B) [Total Available 6 Source Separated Organic Waste (TASSOW)]: RO/TASSOW = Recovery Efficiency. 7 (2) The Department shall use the total weights for the immediately previous four 8 quarters to determine the facility’s annual recovery efficiency which shall constitute 9 the annual average source separated organic content recovery rate for the purposes 10 of Sections 18982(a)(14.5) and 18998.1 of this division. A new annual average shall 11 be calculated each quarter. 12 (g) A reporting receiving facility subject to the requirements of Section 17409.5.7 shall 13 report the following to the Department: 14 (1) The average ratio of remnant organic waste to non-organic waste measured in 15 the gray container waste evaluation samples performed by the facility pursuant to 16 Section 17409.5.7. 17 18 Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 19 Reference: Sections 41821.5, and 41821.6 and 42652.5, Public Resources Code, and 20 Section 39730.6, Health and Safety Code. 21 Section 18815.7 Reporting Requirements for Recycling and Composting Facilities 22 and Operations. 23 (a) In their report to the Department, a recycling or composting facility or operation shall 24 provide the following information for all tons handled, using the methods described in 25 section 18815.9 of this article: 26 (1) For materials sent for disposal or potential beneficial reuse to each 27 transfer/processor or disposal facility with a different RDRS number inside or outside 28 California, report the tons of each material type, pursuant to section 18815.9(a) of 29 this article, and their contact information and RDRS number, if applicable. 30 (2) For materials sent to each recycling or composting facility or operation with a 31 different RDRS number, or for recycling at each transfer/processor with a different 32 RDRS number inside California, report the tons of each material type, pursuant to 33 section 18815.9(a) of this article, and their contact information and RDRS number, if 34 applicable. 35 (3) For materials sent to a recycling or composting facility or operation with the same 36 RDRS number, report pursuant to section 18815.9(h) of this article. 37 (4) For intermediate products sent to end users inside or outside California, report the 38 tons of each material type, pursuant to section 18815.9(a) of this article, sent to each 39 end user category by region, pursuant to section 18815.3(k) of this article. 40 (5) For materials sent to a broker or transporter: 41 (A) In cases where the final destination of the material is determined by the 42 reporting recycling or composting facility or operation, report pursuant to 43 subsections (a)(1), (a)(2), (a)(4), and (a)(6), as applicable. 44 2022/06/14 City Council Post Agenda Page 75 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 49 of 127 November 2020 (B) In cases where the final destination of the material is not determined by the 1 reporting recycling or composting facility or operation, report tons of each material 2 type, pursuant to section 18815.9(a) of this article, sent to each broker or 3 transporter and their contact information and RDRS number, if applicable. 4 (6) For materials sent to each recycling or composting facility or operation outside 5 California, or for recycling at a transfer/processor outside California, report the tons of 6 each material type by region. 7 (b) A recycling or composting facility or operation is not required to report on material 8 sold for reuse or transferred for reuse. 9 (c) A recycler who handles business-to-business post-industrial materials, but also 10 handles materials that do not meet the criteria in section 18815.2(a)(8) of this article, 11 shall: 12 (1) Report as a recycler pursuant to this section for all materials that do not meet the 13 criteria for business-to-business post-industrial recycling, and 14 (2) Not include information or tonnages associated with the business-to-business 15 post-industrial materials recycled as defined in section 18815.2(a)(8) of this article. 16 (d) A recycling or composting facility or operation shall report to the Department by the 17 following due dates for each reporting period: 18 (1) Reporting period 1 due May 31, 19 (2) Reporting period 2 due August 31, 20 (3) Reporting period 3 due November 30, and 21 (4) Reporting period 4 due February 28. 22 (e) With the exception of other reporting entities, for the purposes of RDRS reporting, 23 the Department shall not require a recycling and composting facility or operation to 24 submit information regarding the identities of individual end users, suppliers, or 25 customers when providing material type information to the Department as part of a 26 quarterly report. 27 (1) A jurisdiction is not precluded from requiring this information through franchise 28 agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 29 Code, or other authority it may have. 30 (2) The Department may require that a recycler/composter submit this information in 31 lieu of an audit, or as part of an audit or administrative proceeding. 32 (f) Commencing with first reporting period in 2022, and in each subsequent reporting 33 period thereafter: 34 (1) A recycling or compost facility or operation shall, if applicable, additionally report 35 the following to the Department: 36 (A) The percentage of organic waste contained in materials sent to landfill disposal 37 as calculated pursuant to Section 17869(e)(1) or 17896.45(a)(1). 38 Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 39 Reference: Sections 41821.5, and 41821.6 and 42652.5, Public Resources Code and 40 39730.6, Health and Safety Code. 41 42 2022/06/14 City Council Post Agenda Page 76 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 50 of 127 November 2020 Chapter 12: Short-lived Climate Pollutants 1 General Provisions 2 Section 18981. 1. Scope of Chapter. 3 (a) This chapter establishes the regulatory requirements for jurisdictions, generators, 4 haulers, solid waste facilities, and other entities to achieve the organic waste disposal 5 reduction targets codified in Section 39730.6 of the Health and Safety Code and 6 Chapter 13.1 of Division 30 of the Public Resources Code. 7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Sections 40002, 42652.5, 42654; and Health and 9 Safety Code Section 39730.6. 10 Section 18981. 2. Implementation Requirement on Jurisdictions. 11 (a) By January 1, 2022, a jurisdiction shall adopt enforceable ordinance(s), or similarly 12 enforceable mechanisms that are consistent with the requirements of this chapter, to 13 mandate that organic waste generators, haulers, and other entities subject to the 14 requirements of this chapter that are subject to the jurisdiction’s authority comply with 15 the requirements of this chapter. 16 (b) A jurisdiction may designate a public or private entity to fulfill its responsibilities 17 under this chapter. A designation shall be made through any one or more of the 18 following: 19 (1) Contracts with haulers or other private entities; or 20 (2) Agreements such as MOUs with other jurisdictions, entities, regional agencies as 21 defined in Public Resources Code Section 40181, or other government entities, 22 including environmental health departments. 23 (c) Notwithstanding Subdivision (b) of this section, a jurisdiction shall remain ultimately 24 responsible for compliance with the requirements of this chapter. 25 (d) Nothing in this chapter authorizes a jurisdiction to delegate its authority to impose 26 civil penalties, or to maintain an action to impose civil penalties, to a private entity. 27 (e)If a jurisdiction designates another entity as allowed in Subdivision (b) of this section, 28 the jurisdiction shall include copies of all agreements and contracts in the 29 Implementation Record required by Section 18995.2. 30 (f) Nothing in this section authorizes a jurisdiction to require a public or private entity to 31 fulfill its obligations under this chapter without designating the entity through a 32 mechanism authorized in Subdivision (b) of this Section. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Sections 42652.5, 42654; and Health and Safety 35 Code Section 39730.6. 36 2022/06/14 City Council Post Agenda Page 77 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 51 of 127 November 2020 Article 1. Definitions 1 Section 18982. Definitions. 2 (a) Except as otherwise provided, the following definitions shall govern the provisions of 3 this chapter: 4 (1) “Activities that constitute landfill disposal” are activities described in Subdivision 5 (a) of Section 18983.1. 6 (2) "Alternative daily cover (ADC)" has the same meaning as in Section 20690 of Title 7 27 of the California Code of Regulations (CCR). 8 (3) "Alternative intermediate cover (AIC)" has the same meaning as in Section 20700 9 of Title 27 of the California Code of Regulations. 10 (3.5) “Biomass conversion” has the same meaning as in Public Resources Code, 11 Section 40106. 12 (4) “Biosolids” has the same meaning as Section 17852(a)(9) of this division. 13 (5) “Blue container” means a container where either: 14 (A) The lid of the container is blue in color. 15 (B) The body of the container is blue in color and the lid is either blue, gray, or 16 black in color. Hardware such as hinges and wheels on a blue container may be 17 any color. 18 (5.5) “Brown container” means a container where either: 19 (A) The lid of the container is brown in color. 20 (B) The body of the container is brown in color and the lid is either brown, gray, or 21 black in color. Hardware such as hinges and wheels on a brown container may be 22 any color. 23 (6) “Commercial business” means a firm, partnership, proprietorship, joint-stock 24 company, corporation, or association, whether for-profit or nonprofit, strip mall, 25 industrial facility, or a multifamily residential dwelling. 26 (A) A multifamily residential dwelling that consists of fewer than five units is not a 27 commercial business for the purposes of this chapter. 28 (7) “Commercial edible food generator” includes a Tier One or a Tier Two 29 commercial edible food generator as defined in Subdivisions (a)(73) and (a)(74) of 30 this section. For the purposes of this chapter, food recovery organizations and food 31 recovery services are not commercial edible food generators. 32 (8) “Community composting” means any activity that composts green material, 33 agricultural material, food material, and vegetative food material, alone or in 34 combination, and the total amount of feedstock and compost on-site at any one time 35 does not exceed 100 cubic yards and 750 square feet, as specified in Section 36 17855(a)(4). 37 (9) “Compliance review” means a review of records by a jurisdiction or the 38 Department to determine compliance with subscribing to an organic waste collection 39 service as required by this chapter. 40 (10) “Compost” has the same meaning as in Section 17896.2(a)(4). 41 (11) "Compostable material" has the same meaning as in Section 17852(a)(11). 42 (12) "Compostable material handling operation" or “facility" has the same meaning as 43 in Section 17852(a)(12). 44 2022/06/14 City Council Post Agenda Page 78 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 52 of 127 November 2020 (13) “Consumer” has the same meaning as in Section 113757 of the Health and 1 Safety Code. 2 (14) “Container contamination” or “contaminated container” means a container, 3 regardless of color, that contains prohibited container contaminants as defined in 4 Subdivision (a)(55). 5 (14.5) “Designated source separated organic waste facility” means a solid waste 6 facility that accepts a source separated organic waste collection stream as defined in 7 Section 17402(a)(26.6) and complies with one of the following: 8 (A) The facility is a “transfer/processor,” as defined in Section 18815.2(a)(62), that 9 is in compliance with the reporting requirements of Section 18815.5(d), and meets 10 or exceeds an annual average source separated organic content recovery rate of 11 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on 12 and after January 1, 2025 as calculated pursuant to Section 18815.5(f) for organic 13 waste received from the source separated organic waste collection stream. 14 1. If a transfer/processor has an annual average source separated organic 15 content recovery rate lower than the rate required in paragraph (A) of this 16 section for two (2) consecutive reporting periods, or three (3) reporting periods 17 within three (3) years, the facility shall not qualify as a “Designated source 18 separated organic waste facility.” 19 (B) The facility is a “composting operation” or “composting facility” as defined in 20 Section 18815.2(a)(13) that pursuant to the reports submitted under Section 21 18815.7 demonstrates that the percent of the material removed for landfill disposal 22 that is organic waste is less than the percent specified in Section 17409.5.8(c)(2) 23 or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the 24 digestate handling requirements specified in Section 17896.57. 25 1. If the percent of the material removed for landfill disposal that is organic 26 waste is more than the percent specified in Section 17409.5.8(c)(2) or 27 17409.5.8(c)(3) for two (2) consecutive reporting periods, or three (3) reporting 28 periods within three (3) years, the facility shall not qualify as a “Designated 29 source separated organic waste facility.” 30 (15) “Designee” means an entity that a jurisdiction contracts with or otherwise 31 arranges to carry out any responsibilities of this chapter, as authorized in Section 32 18981. 2 of this chapter. A designee may be a government entity, a hauler, a private 33 entity, or a combination of those entities. 34 (16) “Diesel gallon equivalent” means the amount of renewable gas transportation 35 fuel that has the equivalent energy content of one gallon of conventional diesel. 36 (16.5) “Digestate” means the solid and/or liquid material remaining after organic 37 material has been processed in an in-vessel digester. 38 (17) “Direct service provider” means a person, company, agency, district, or other 39 entity that provides a service or services to a jurisdiction pursuant to a contract or 40 other written agreement. 41 (18) “Edible food” means food intended for human consumption. 42 (A) For the purposes of this chapter, “edible food” is not solid waste if it is 43 recovered and not discarded. 44 (B) Nothing in this chapter requires or authorizes the recovery of edible food that 45 does not meet the food safety requirements of the California Retail Food Code. 46 2022/06/14 City Council Post Agenda Page 79 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 53 of 127 November 2020 (19) “Enforcement action" means an action of a jurisdiction or the Department to 1 ensure compliance with this chapter, including, but not limited to, issuing notices of 2 violation, accusations, or other remedies. 3 (20) “Facility that recovers source separated organic waste” means a facility that 4 handles source separated organic waste separately from any other wastes as 5 required in Section 17409.5.6. 6 (21) “Food” has the same meaning as in Section 113781 of the Health and Safety 7 Code. 8 (22) “Food distributor” means a company that distributes food to entities including, 9 but not limited to, supermarkets and grocery stores. 10 (23) “Food facility” has the same meaning as in Section 113789 of the Health and 11 Safety Code. 12 (24) “Food recovery” means actions to collect and distribute food for human 13 consumption which otherwise would be disposed. 14 (25) “Food recovery organization” means an entity that engages in the collection or 15 receipt of edible food from commercial edible food generators and distributes that 16 edible food to the public for food recovery either directly or through other entities 17 including, but not limited to: 18 (A) A food bank as defined in Section 113783 of the Health and Safety Code; 19 (B) A nonprofit charitable organization as defined in Section 113841 of the Health 20 and Safety code; and, 21 (C) A nonprofit charitable temporary food facility as defined in Section 113842 of 22 the Health and Safety Code. 23 (26) “Food recovery service” means a person or entity that collects and transports 24 edible food from a commercial edible food generator to a food recovery organization 25 or other entities for food recovery. 26 (27) “Food service provider” means an entity primarily engaged in providing food 27 services to institutional, governmental, commercial, or industrial locations of others 28 based on contractual arrangements with these types of organizations. 29 (27.5) “Fluorinated greenhouse gas” or “fluorinated GHG” means sulfur hexafluoride 30 (SF6), nitrogen trifluoride (NF3), and any fluorocarbon except for controlled 31 substances as defined at 40 CFR Part 82, Subpart A, (May 1995), which is hereby 32 incorporated by reference, and substances with vapor pressures of less than 1 mm of 33 Hg absolute at 25 °C. With these exceptions, “fluorinated GHG” includes any 34 hydrofluorocarbon, any perfluorocarbon, any fully fluorinated linear, branched or 35 cyclic alkane, ether, tertiary amine or aminoether, any perfluoropolyether, and any 36 hydrofluoropolyether. 37 (27.6) “Global warming potential” or “GWP" means the ratio of the time-integrated 38 radiative forcing from the instantaneous release of one kilogram of a trace substance 39 relative to that of one kilogram of a reference gas (i.e., CO₂). The GWP values are as 40 specified in the Table A-1 to Subpart A of Title 40 Code of Federal Regulations Part 41 98 as published in the CFR on 12/11/2014, which is hereby incorporated by 42 reference. 43 (28) “Gray container” means a container where either: 44 (A) The lid of the container is gray or black in color. 45 2022/06/14 City Council Post Agenda Page 80 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 54 of 127 November 2020 (B) The body of the container is entirely gray or black in color and the lid is gray or 1 black in color. Hardware such as hinges and wheels on a gray container may be 2 any color. 3 (28.5) “Gray container collection stream” has the same meaning as defined in 4 Section 17402. 5 (29) “Green container” means a container where either: 6 (A) The lid of the container is green in color. 7 (B) The body of the container is green in color and the lid is green, gray, or black 8 in color. Hardware such as hinges and wheels on a green container may be any 9 color. 10 (29.5) “Greenhouse gas” means carbon dioxide (CO2), methane (CH4), nitrous oxide 11 (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), 12 and other fluorinated greenhouse gases as defined in this section. 13 (29.6) “Greenhouse gas emission reduction” or “greenhouse gas reduction” means a 14 calculated decrease in greenhouse gas emissions relative to a project baseline over 15 a specified period of time. 16 (30) “Grocery store” means a store primarily engaged in the retail sale of canned 17 food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any 18 area that is not separately owned within the store where the food is prepared and 19 served, including a bakery, deli, and meat and seafood departments. 20 (30.5) “Hazardous wood waste” means wood that falls within the definition of 21 “Treated wood” or “Treated wood waste” in Section 67386.4 of Title 22 of the 22 California Code of Regulations. 23 (31) “Hauler” has the same meaning as in Section 18815.2(a)(32). 24 (31.5) “Hauler route” means the designated itinerary or sequence of stops for each 25 segment of the jurisdiction’s collection service area. 26 (32) “Health facility” has the same meaning as in Section 1250 of the Health and 27 Safety Code. 28 (33) “High diversion organic waste processing facility” means a facility that is in 29 compliance with the reporting requirements of Section 18815.5(d) and meets or 30 exceeds an annual average mixed waste organic content recovery rate of 50 percent 31 between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 32 2025 as calculated pursuant to Section 18815.5(e) for organic waste received from 33 the “Mixed Waste Organic Collection Stream” as defined in Section 17402 (a)(11.5). 34 (34) “Hotel” has the same meaning as in Section 17210 of the Business and 35 Professions code. 36 (35) “Inspection” means a site visit where a jurisdiction or the Department reviews 37 records, containers, and an entity’s collection, handling, recycling, or landfill disposal 38 of organic waste or edible food handling to determine if the entity is complying with 39 requirements set forth in this chapter. 40 (36) “Jurisdiction” means a city, county, a city and county, or a special district that 41 provides solid waste collection services. A city, county, a city and county, or a special 42 district may utilize a Joint Powers Authority to comply with the requirements of this 43 chapter, except that the individual city, county, city and county, or special district shall 44 remain ultimately responsible for compliance. 45 2022/06/14 City Council Post Agenda Page 81 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 55 of 127 November 2020 (37) “Jurisdiction of residence” means the jurisdiction where a generator who is a 1 self-hauler generated organic waste. 2 (38) “Large event” means an event, including, but not limited to, a sporting event or a 3 flea market, that charges an admission price, or is operated by a local agency, and 4 serves an average of more than 2,000 individuals per day of operation of the event, 5 at a location that includes, but is not limited to, a public, nonprofit, or privately owned 6 park, parking lot, golf course, street system, or other open space when being used for 7 an event. 8 (39) “Large venue” means a permanent venue facility that annually seats or serves 9 an average of more than 2,000 individuals within the grounds of the facility per day of 10 operation of the venue facility. For the purposes of this chapter, a venue facility 11 includes, but is not limited to, a public, nonprofit, or privately owned or operated 12 stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, 13 aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, 14 theater, or other public attraction facility. For the purposes of this chapter, a site 15 under common ownership or control that includes more than one large venue that is 16 contiguous with other large venues in the site, is a single large venue. 17 (39.5) “Lifecycle greenhouse gas emissions” or “Lifecycle GHG emissions” means 18 the aggregate quantity of greenhouse gas emissions (including direct and indirect 19 emissions), related to the full lifecycle of the technology or process that an applicant 20 wishes to have assessed as a possible means to reduce landfill disposal of 21 organic waste. The lifecycle analysis of emissions includes all stages of organic 22 waste processing and distribution, including collection from a recovery location, 23 waste processing, delivery, use of any finished material by the ultimate consumer, 24 ultimate use of any processing materials. The mass values for all greenhouse gases 25 shall be adjusted to account for their relative global warming potential. 26 (40) “Local education agency” means a school district, charter school, or county 27 office of education that is not subject to the control of city or county regulations 28 related to solid waste. 29 (41) “Non-compostable paper” includes, but is not limited, to paper that is coated in a 30 plastic material that will not breakdown in the composting process. 31 (42) “Non-local entity” means an entity that is an organic waste generator but is not 32 subject to the control of a jurisdiction’s regulations related to solid waste. These 33 entities may include, but are not limited to, special districts, federal facilities, prisons, 34 facilities operated by the state parks system, public universities, including community 35 colleges, county fairgrounds, and state agencies. 36 (43) “Non-organic recyclables” means non-putrescible and non-hazardous recyclable 37 wastes, including, but not limited to, bottles, cans, metals, plastics, and glass. 38 (44) “Notice and Order to Correct (NOTC)" means a notice that a violation has 39 occurred and that failure to correct the violation may result in a penalty. 40 (45) “Notice of Violation (NOV)” means a notice that a violation has occurred that 41 includes a compliance date to avoid an action to seek penalties. 42 (46) “Organic waste” means solid wastes containing material originated from living 43 organisms and their metabolic waste products including, but not limited to, food, 44 green material, landscape and pruning waste, organic textiles and carpets, lumber, 45 2022/06/14 City Council Post Agenda Page 82 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 56 of 127 November 2020 wood, paper products, printing and writing paper, manure, biosolids, digestate, and 1 sludges. 2 (47) “Organic waste disposal reduction target” is the statewide target to reduce the 3 disposal of organic waste by 50 percent by 2020 and 75 percent by 2025, based on 4 the 2014 organic waste disposal baseline, set forth in Section 39730.6 of the Health 5 and Safety Code. 6 (48) “Organic waste generator” means a person or entity that is responsible for the 7 initial creation of organic waste. 8 (49) “Organic waste recovery activities” or “recovery” means any activity or process 9 described in Section 18983.1(b). 10 (50) "Organic Waste Recovery Noncompliance Inventory" means a list of entities that 11 have uncorrected violations of the standards contained in this chapter. 12 (51) “Paper products” include, but are not limited to, paper janitorial supplies, cartons, 13 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 14 toweling. 15 (52) Paper purchase” means all purchases by a jurisdiction of items in the following 16 categories: 17 (A) Paper products. 18 (B) Printing and writing papers. 19 (52.5) “Performance-based source separated collection service” means a solid waste 20 collection service that meets the requirements of Section 18998.1(a). 21 ((52.6) “Permanent” means, in the context of the determination of processes or 22 technologies that constitute a reduction in landfill disposal, that greenhouse gas 23 emissions reductions are not reversible, or when these emissions reductions may be 24 reversible, that mechanisms are in place to replace any reversed greenhouse gas 25 emissions reductions to ensure that all reductions endure for at least 100 years. 26 (53) “Person” has the same meaning as in Section 40170 of the Public Resources 27 Code. 28 (54) “Printing and writing papers” include, but are not limited to, copy, xerographic, 29 watermark, cotton fiber, offset, forms, computer printout paper, white wove 30 envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and 31 other uncoated writing papers, posters, index cards, calendars, brochures, reports, 32 magazines, and publications. 33 (55) “Prohibited container contaminants” means any of the following, but does not 34 include organic waste specifically allowed for collection in a container that is required 35 to be transported to a high diversion organic waste processing facility if the waste is 36 specifically identified as acceptable for collection in that container in a manner that 37 complies with the requirements of Section 18984.1, 18984.2, or 18984.3. 38 (A) Non-organic waste placed in a green container that is part of an organic waste 39 collection service provided pursuant to Section 18984.1 or 18984.2. 40 (B) Organic wastes that are, carpet, hazardous wood waste, or non-compostable 41 paper placed in the green container that is part of an organic waste collection 42 service provided pursuant to Section 18984.1 or 18984.2. 43 (C) Organic wastes, placed in a gray container, that pursuant to Section 18984.1 44 or 18984.2 were intended to be collected separately in the green container or blue 45 container. 46 2022/06/14 City Council Post Agenda Page 83 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 57 of 127 November 2020 (D) Organic wastes placed in the blue container shall be considered prohibited 1 container contaminants when those wastes were specifically identified in this 2 chapter or through a local ordinance for collection in the green container for 3 recovery. Paper products, printing and writing paper, wood and dry lumber may be 4 considered acceptable and not considered prohibited container contaminants if 5 they are placed in the blue container. 6 (56) “Processing” has the same meaning as in Section 17402(a)(20). 7 (56.5) “Project baseline” means, in the context of “greenhouse gas emission 8 reduction” or “greenhouse gas reduction,” and in the context of an application 9 submitted pursuant to Section 18983.2, a conservative estimate of the business-as-10 usual greenhouse gas emissions that would have occurred if the organic waste 11 proposed for recovery was disposed in an activity that constitutes landfill disposal. 12 This estimate may include greenhouse gas emissions associated with the production 13 and use of products replaced by a Section 18983.2 technology or process. 14 (57) “Property owner” means the owner of real property. 15 (58) “Publicly owned treatment works” or “POTW” has the same meaning as in 16 Section 403.3(r) of Title 40 of the Code of Federal Regulations. 17 (59) “Recovered organic waste product procurement target” means the amount of 18 organic waste in the form of a recovered organic waste product which a jurisdiction is 19 required to procure annually. 20 (60) “Recovered organic waste products” means products made from California, 21 landfill-diverted recovered organic waste processed at a permitted or otherwise 22 authorized operation or facility. 23 (60.5) “Recovery location” includes the closest aggregating hub used to recover the 24 organic waste after collection. This could include but is not limited to a transfer 25 facility, recycling facility, or recovery facility. 26 (61) “Recycled content paper” means paper products and printing and writing paper 27 that consists of at least 30 percent, by fiber weight, postconsumer fiber. 28 (62) “Renewable gas” means gas derived from organic waste that has been diverted 29 from a landfill and processed at an in-vessel digestion facility that is permitted or 30 otherwise authorized by Title 14 to recover organic waste. 31 (63) “Residual organic waste” means waste that remains after organic waste has 32 been processed which is then sent to landfill disposal. 33 (64) “Restaurant” means an establishment primarily engaged in the retail sale of food 34 and drinks for on-premises or immediate consumption. 35 (65) “Route review” means a visual inspection of containers along a hauler route for 36 the purpose of determining container contamination and may include mechanical 37 inspection methods such as the use of cameras. 38 (66) “Self-hauler” means a person who hauls solid waste, organic waste or recovered 39 material he or she has generated to another person. Self-hauler also includes a 40 person who back-hauls waste. 41 (A) “Back-haul” means generating and transporting organic waste to a destination 42 owned and operated by the generator using the generator’s own employees and 43 equipment. 44 (67) “Sewage sludge” means the solid, semisolid, or liquid residue generated during 45 the treatment of domestic sewage in a municipal wastewater treatment facility. 46 2022/06/14 City Council Post Agenda Page 84 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 58 of 127 November 2020 Sewage sludge includes solids removed or used during primary, secondary, or 1 advanced wastewater treatment processes. Sewage sludge does not include grit or 2 screening material generated during preliminary treatment of domestic sewage at a 3 POTW. 4 (68) “Share table” has the same meaning as in Section 114079 of the Health and 5 Safety Code. 6 (68.5) “Source sector” has the same meaning as in Section 18815.2(a)(58). 7 (69) “Source separated organic waste” means organic waste that is placed in a 8 container that is specifically intended for the separate collection of organic waste by 9 the generator. 10 (70) “Source separated organic waste collection stream” has the same meaning as 11 defined in Section 17402(a)(26.6). 12 (70.5) “Special district” has the same meaning as Section 41821.2 of the Public 13 Resources Code. 14 (71) “Supermarket” means a full-line, self-service retail store with gross annual sales 15 of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 16 canned goods, or nonfood items and some perishable items. 17 (72) “The 2014 organic waste disposal baseline” means the total tons of organic 18 waste disposed statewide in 2014 as calculated by the Department. 19 (73) “Tier one commercial edible food generator” means a commercial edible food 20 generator that is one of the following: 21 (A) Supermarket. 22 (B) Grocery store with a total facility size equal to or greater than 10,000 square 23 feet. 24 (C) Food service provider. 25 (D) Food distributor. 26 (E) Wholesale food vendor. 27 (74) “Tier two commercial edible food generator” means a commercial edible food 28 generator that is one of the following: 29 (A) Restaurant with 250 or more seats, or a total facility size equal to or greater 30 than 5,000 square feet. 31 (B) Hotel with an on-site food facility and 200 or more rooms. 32 (C) Health facility with an on-site food facility and 100 or more beds. 33 (D) Large venue. 34 (E) Large event. 35 (F) A state agency with a cafeteria with 250 or more seats or a total cafeteria 36 facility size equal to or greater than 5,000 square feet. 37 (G) A local education agency with an on-site food facility. 38 (75) “Uncontainerized green waste and yard waste collection service” or 39 “uncontainerized service” means a collection service that collects green waste and 40 yard waste that is placed in a pile or bagged for collection on the street in front of a 41 generator’s house or place of business for collection and transport to a facility that 42 recovers source separated organic waste. 43 (76) “Wholesale food vendor” means a business or establishment engaged in the 44 merchant wholesale distribution of food, where food (including fruits and vegetables) 45 2022/06/14 City Council Post Agenda Page 85 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 59 of 127 November 2020 is received, shipped, stored, prepared for distribution to a retailer, warehouse, 1 distributor, or other destination. 2 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Sections 42652.5, 42654; and Health and Safety 4 Code Sections 39730.6and 39730.8. 5 Article 2. Landfill Disposal and Reductions in Landfill Disposal 6 Section 18983.1 Landfill Disposal and Recovery. 7 (a) The following dispositions of organic waste shall be deemed to constitute landfill 8 disposal: 9 (1) Final deposition at a landfill. 10 (2) Use as Alternative Daily Cover or Alternative Intermediate Cover at a landfill. 11 (A) The use of non-organic material as landfill cover shall not constitute landfill 12 disposal of organic waste. 13 (3) Any other disposition not listed in Subdivision (b) of this section. 14 (b) Organic waste sent to one of the following facilities, operations, or used for one of 15 the following activities, and not subsequently sent for landfill disposal, shall be deemed 16 to constitute a reduction of landfill disposal. 17 (1) An operation that qualifies as a “Recycling Center” as set forth in Section 18 17402.5(d) or is listed in Section 17402.5(c) of this division. 19 (2) A “Compostable Material Handling Operation or Facility” as defined in Section 20 17852(a)(12) of this division, small composting activities that would otherwise be 21 excluded from that definition pursuant to Section 17855(a)(4) of this division, or 22 community composting as defined in Section 18982(a)(8). 23 (3) An “In-vessel Digestion Operation or Facility” as listed in Section 17896.5 of this 24 division, or activities that would otherwise not be subject to the in-vessel digestion 25 requirements pursuant to Section 17896.6 of this division. 26 (4) A Biomass Conversion operation or facility as defined in Section 40106 of the 27 Public Resources Code. 28 (5) Used as a soil amendment for erosion control, revegetation, slope stabilization, or 29 landscaping at a landfill, when the material is used in a manner that complies with the 30 following criteria: 31 (A) The material has been processed at a solid waste facility, as defined in Section 32 40194 of the Public Resources Code; and 33 (B) The use shall be: 34 1. Restricted to those organic wastes appropriate for the specific use and in 35 accordance with engineering, industry guidelines or other standard practices 36 specified in the Report of Disposal Site Information, as required by 27 CCR, 37 Section 21600(b)(6). 38 2. Restricted to quantities of solid wastes no more than necessary to meet the 39 minimum requirements of Subdivision (b)(5)(B)1. 40 3. Stored and handled in a manner to protect public health and safety and the 41 environment, and control vectors, fires, odors, and nuisances. 42 (C) The material applied is never more than 12 inches in depth. 43 2022/06/14 City Council Post Agenda Page 86 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 60 of 127 November 2020 (6) Land application, of compostable material consistent with Section 17852(a)(24.5) 1 of this division, is subject to the following conditions on particular types of 2 compostable material used for land application: 3 (A) Green waste or green material used for land application shall meet the 4 definition of Section 17852(a)(21) and shall have been processed at a solid waste 5 facility, as defined by Section 40194 of the Public Resources Code. 6 (B) Biosolids used for land application shall: 7 1. Have undergone anaerobic digestion or composting, as defined in Part 503, 8 Title 40 of the Code of Federal Regulations, Appendix B, sections (A)(1) and 9 (A)(4), as amended August 4, 1999, which is hereby incorporated by reference; 10 and 11 2. Meet the requirements in Section 17852(a)(24.5)(B)6 of this division for 12 beneficial reuse of biosolids. 13 (C) Digestate used for land application shall: 14 1. Have been anaerobically digested at an in-vessel digestion operation or 15 facility, as described in Sections 17896.8 through 17896.13; and 16 2. Meet the land application requirements described in Section 17852(a)(24.5) 17 A. 18 3. Have obtained applicable approvals from the State and/or Regional Water 19 Quality Control Board requirements. 20 (7) Lawful use as animal feed, as set forth in Chapter 6 of Food and Agricultural 21 Code (FAC), commencing with Section 14901 et. seq and Title 3, Division 4, Chapter 22 2, Subchapter 2 commencing with Article 1, Section 2675 of the Code of California 23 Regulations. 24 (8) Other operations or facilities with processes that reduce short-lived climate 25 pollutants as determined in accordance with Section 18983.2. 26 (c) For the purposes of this section, the term “landfill” includes permitted landfills, 27 landfills that require a permit, export out of California for disposal, or any other disposal 28 of waste as defined by Section 40192(c) of the Public Resources Code. 29 (d) For the purposes of this section, edible food that would otherwise be disposed that is 30 recovered for human consumption shall constitute a reduction of landfill disposal. 31 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 32 Reference: Public Resources Code Sections 40106, 40116, 40116.1, 40192 and 33 42652.5; and Health and Safety Code Sections 39730.6 and 39730.8. 34 Section 18983.2 Determination of Technologies That Constitute a Reduction in 35 Landfill Disposal. 36 (a) For operations, facilities or activities not expressly identified in Section 18983.1, as 37 reducing landfill disposal, the following process shall be used to determine if processes 38 or technologies shall be deemed to constitute a reduction of landfill disposal: 39 (1) The applicant shall submit the following information to the Department: 40 (A) Name and contact information for the person responsible for the information in 41 the report. 42 (B) Detailed explanation of each of the processes or technologies proposed by the 43 applicant for use to reduce landfill disposal. 44 2022/06/14 City Council Post Agenda Page 87 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 61 of 127 November 2020 (C) For each process or technology noted in Section 18983.2(a)(1)(B), the mass in 1 short tons of organic waste, differentiated by type (i.e., food, leaves and grass, 2 woody material (not including lumber or agricultural crop residues), lumber, 3 agricultural crop residues, manure, sewage sludge (not including digestate), 4 digestate, organic textiles and carpet, paper products, and remainder/composite 5 organic), that will be processed each year. 6 (D) For any material produced from the proposed process or technology, a 7 description of each end use or landfill disposal location to which the material will 8 be sent. For each end use or landfill disposal location, the applicant must submit 9 the expected mass in short tons and characteristics of the material. 10 (E) For each of the processes or technologies described pursuant to Section 11 18983.2(a)(1)(B), each calculation, assumption, and emission factor used by the 12 applicant to calculate the greenhouse gas emissions as well as the expected 13 permanent greenhouse gas emissions reduction of the proposed operation, 14 including the estimated greenhouse gas emissions and permanent greenhouse 15 gas emissions reductions of any end uses or landfill disposal of material described 16 in Section 18983.2(a)(1)(D). All calculations must be clearly laid out such that the 17 Department is able to follow and understand the calculation of greenhouse gas 18 emissions reduction potential. 19 (F) For each greenhouse gas emission factor or greenhouse gas emission 20 reduction factor used pursuant to Section 18983.2(a)(1)(E), documentation 21 demonstrating that the emission factor or emission reduction factor has been peer 22 reviewed or subjected to other scientifically rigorous review methods. 23 (G) A detailed explanation of how the proposed technology or process will result in 24 a permanent reduction in greenhouse gas emissions. 25 (H) A written attestation that the information supplied is true, accurate, and 26 complete. 27 (I) The director of the Department may request additional information from the 28 applicant if required to validate the information submitted pursuant to this section. 29 (2) The Department shall consult with the Executive Office of the California Air 30 Resources Board (CARB) to evaluate if the information submitted by the applicant is 31 sufficient to estimate the greenhouse gas emissions and permanent lifecycle GHG 32 emissions reduction of the proposed recovery process or operation. Within 30 days of 33 receiving the application, the Department shall inform the applicant if they have not 34 submitted sufficient information to estimate the greenhouse gas emissions and 35 permanent lifecycle greenhouse gas emissions reductions associated with the 36 proposed recovery process or operation. For further consideration of any application 37 submitted without sufficient information, the applicant is required to submit the 38 requested information. The Department shall provide a response to the applicant 39 within 180 days of receiving all necessary information as to whether or not the 40 proposed recovery process or operation results in a permanent reduction in 41 greenhouse gas emissions, and therefore counts as a reduction in landfill disposal. 42 (3) To determine if the proposed operation counts as a permanent reduction in landfill 43 disposal, the Department, in consultation with CARB’s Executive Office, shall 44 compare the permanent lifecycle GHG emissions reduction of metric tons of carbon 45 dioxide equivalent (MTCO2e) per short ton organic waste reduced by the process or 46 2022/06/14 City Council Post Agenda Page 88 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 62 of 127 November 2020 technology, with the emissions reduction from composting organic waste (0.30 1 MTCO2e/short ton organic waste). The Department shall only deem a proposed 2 operation to constitute a reduction in landfill disposal if the process or technology 3 results in a permanent reduction in lifecycle greenhouse gas emissions equal to or 4 greater than the 0.30 MTCO2e/short ton of organic waste. 5 (b) If the Department determines that a proposed process or technology results in a 6 reduction in landfill disposal, the Department shall post to its website the results of the 7 determination and include a description of the operation. 8 (c) Upon request of the applicant, as part of determination of activities that constitute a 9 reduction in landfill disposal, the Department may consider additional information 10 provided by the applicant that demonstrates that the proposed activity is identical or 11 equivalent to a proposed activity the Department has determined pursuant to Section 12 18983.2(a) results in a reduction in landfill disposal. 13 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 14 Reference: Public Resources Code Sections 40192 and 42652.5; and Health and 15 Safety Code Section 39730.6. 16 Article 3. Organic Waste Collection Services 17 Section 18984. Combined Organic Waste Collection Services. 18 A jurisdiction may provide any combination of organic waste collection services 19 specified in Sections 18984.1, 18984.2, and 18984.3 to generators subject to its 20 authority. 21 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6. 24 Section 18984.1. Three-container Organic Waste Collection Services. 25 (a) A jurisdiction may comply with the requirements of this article by implementing a 26 three-container organic waste collection service and providing a green container, a blue 27 container, and a gray container to each generator in the following manner: 28 (1) The green container shall be provided for the collection of organic waste. The 29 green container shall be intended for the collection of organic waste only and not 30 non-organic waste. The contents of the green container shall be transported to a 31 facility that recovers source separated organic waste. 32 (A) Compostable plastics may be placed in the green container if the material 33 meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 34 published May, 2019, which is hereby incorporated by reference, and the contents 35 of the green containers are transported to compostable material handling 36 operations or facilities or in-vessel digestion operations or facilities that have 37 provided written notification annually to the jurisdiction stating that the facility can 38 process and recover that material. 39 (2) The blue container shall be provided for the collection of non-organic recyclables 40 only but may include the following types of organic wastes: paper products, printing 41 2022/06/14 City Council Post Agenda Page 89 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 63 of 127 November 2020 and writing paper, wood and dry lumber and textiles. The contents of the blue 1 container shall be transported to a facility that recovers the materials designated for 2 collection in the blue container. 3 (3) The gray container shall be for the collection of non-organic waste only. 4 (4) A jurisdiction may comply with this section by providing a container or containers 5 that are split or divided into segregated sections, instead of an entire container, as 6 long as the lids of the separate sections of a split container comply with the container 7 color requirements and material limitations specified in this section. 8 (5) Materials specified in this paragraph shall be subject to the following restrictions: 9 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 10 collected in the green container. 11 (B) Hazardous wood waste shall not be collected in the blue container or gray 12 container. 13 (6) A jurisdiction may require additional segregation of source separated organic 14 waste by providing additional containers or additional sections of split containers in 15 addition to the green container and blue container. The following types of additional 16 containers can be provided pursuant to this paragraph. 17 (A) A brown container, or a brown section of a split container that is limited to the 18 collection of separated food waste. 19 (B) If a jurisdiction segregates the contents of a blue container into an additional 20 container or additional section of a split container in order to separate organic 21 wastes specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction 22 may use a darker shade of blue for the container or section of the container 23 designated for the collection of organic waste, and a lighter shade of blue, or any 24 color not already designated for other materials specified in this section, for the 25 collection of non-organic recyclables. 26 (C) Additional containers, or sections of split containers provided for collection of 27 additionally separated organic waste not specified in this section, may be provided 28 in any color provided that the colors do not conflict with the container color 29 requirements of this section. 30 (b) A jurisdiction that provides a three-container organic waste collection service that 31 complies with Subdivision (a) may transport the contents of the gray container to a 32 facility that processes and recovers organic waste. A jurisdiction that complies with 33 Subdivision (a) is not required to transport the contents of the gray container to a facility 34 that meets or exceeds the organic waste content recovery standard specified in Section 35 18984.3. A jurisdiction will not be considered out of compliance with Subdivision (a) if it 36 allows carpet and textiles to be placed in the gray container. 37 (c) Notwithstanding Subdivision (a), a jurisdiction providing a three-container organic 38 waste collection service may allow organic waste, such as food waste, to be collected in 39 the gray container provided that the collection program complies with the following: 40 (1) The contents of the gray container shall be transported to a facility that meets or 41 exceeds the organic waste content recovery requirements specified in Section 42 18984.3. 43 (2) The gray container is labeled in a manner consistent with Section 18984.8 that 44 identifies the types of organic waste content accepted in the gray container. 45 2022/06/14 City Council Post Agenda Page 90 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 64 of 127 November 2020 (3) The jurisdiction otherwise provides green and blue containers in a manner that 1 complies with the requirements and limitations specified in Subdivision (a) of this 2 section. 3 (d) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 4 the green container provided that allowing the use of bags does not inhibit the ability of 5 the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 6 that recover source separated organic waste for the jurisdiction annually provide written 7 notice to the jurisdiction indicating that the facility can process and remove plastic bags 8 when it recovers source separated organic waste. 9 (e) Nothing in this section is intended to prohibit a jurisdiction from providing an 10 uncontainerized green waste and yard waste collection service to its generators, 11 provided that the three container service complies with the following: 12 (1) If an uncontainerized green waste and yard waste collection service is provided 13 intermittently or on a seasonal basis, a green container is still provided for collection 14 of organic waste as required in Subdivision (a)(1) whenever the uncontainerized 15 service is not provided. 16 (2) If an uncontainerized green waste and yard waste collection service is provided 17 year-round, generators receiving that service must be provided a collection service 18 for the collection of other organic waste in a manner that complies with this section. 19 (f) Notwithstanding Subdivision (a), the contents of containers may be initially 20 transported to a consolidation site as defined in Section 17402 that complies with the 21 requirements of Section 17409.5.10. 22 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23 Reference: Public Resources Code Section 42652.5and Health and Safety Code 24 Section 39730.6. 25 Section 18984.2. Two-container Organic Waste Collection Services. 26 (a) A jurisdiction may comply with the requirements of this article by implementing a 27 two-container organic waste collection service as provided below: 28 (1) A two container system where a green container and a gray container are 29 provided and: 30 (A) The green container is limited to the collection of organic waste only. The 31 contents of the green container shall be transported to a facility that specifically 32 recovers source separated organic waste. 33 (B) The gray container allows for intentional comingling of all collected wastes, 34 including organic waste that is not designated for collection in the green container, 35 provided that the contents of the gray container are transported to a facility that 36 meets or exceeds the organic waste content recovery requirements specified in 37 Section 18984.3. 38 (C) Compostable plastics may be placed in the green container if the material 39 meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 40 published May, 2019, which is hereby incorporated by reference, and contents of 41 the green containers are transported to compostable material handling operations 42 or facilities or in-vessel digestion operations or facilities that have provided written 43 2022/06/14 City Council Post Agenda Page 91 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 65 of 127 November 2020 notification annually to the jurisdiction stating that the facility can process and 1 recover that material; or 2 (2) A two container system where a blue container and a gray container are provided 3 and: 4 (A) The blue container is limited to the collection of non-organic recyclables only, 5 but may include the following types of organic wastes: paper products, printing and 6 writing paper, wood and dry lumber, and textiles. The contents of the blue 7 container shall be transported to a facility that recovers the materials designated 8 for collection in the blue container. 9 (B) The gray container allows for intentional comingling of all collected wastes, 10 including organic waste that is not designated for collection in the blue container, 11 provided that the contents of the gray container are transported to a facility that 12 meets or exceeds the organic waste content recovery requirements specified in 13 Section 18984.3. 14 (b) A jurisdiction shall, consistent with Section 18984.8 of this article, clearly identify the 15 types of wastes accepted in each container and which container shall be used for the 16 collection of any unidentified materials. 17 (c) Materials specified in this Subdivision shall be subject to the following restrictions: 18 (1) Carpets, non-compostable paper, and hazardous wood waste shall not be 19 collected in the green container. 20 (2) Hazardous wood waste shall not be collected in the blue or gray container. 21 (d) A jurisdiction may comply with this section by providing a container or containers 22 that are split or divided into segregated sections, instead of an entire container, as long 23 as the lids of the separate sections of a split container comply with the container color 24 requirements and material limitations specified in this section. 25 (1) If a jurisdiction segregates the contents of a blue container into an additional 26 container or additional section of a split container in order to separate organic wastes 27 specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction may use 28 a darker shade of blue for the container or section of the container designated for the 29 collection of organic waste, and a lighter shade of blue, or any color not already 30 designated for other materials specified in this section, for the collection of non-31 organic recyclables. 32 (e) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 33 the green container provided that allowing the use of bags does not inhibit the ability of 34 the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 35 that recover source separated organic waste for the jurisdiction annually provide written 36 notice to the jurisdiction indicating that the facility can process and remove plastic bags 37 when it recovers source separated organic waste. 38 (f) Nothing in this section is intended to prohibit a jurisdiction from providing an 39 uncontainerized green waste and yard waste collection service to its generators, 40 provided that the two container service complies with the following: 41 (1) If an uncontainerized green waste and yard waste collection service is provided 42 intermittently or on a seasonal basis, a container is still provided for collection of 43 organic waste as required in Subdivision (a) whenever the uncontainerized service is 44 not provided. 45 2022/06/14 City Council Post Agenda Page 92 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 66 of 127 November 2020 (2) If an uncontainerized green waste and yard waste collection service is provided 1 year-round, generators receiving that service must be provided a collection service 2 for the collection of other organic waste in a manner that complies with this section. 3 (g) Notwithstanding Subdivision (a), the contents of containers may be initially 4 transported to a consolidation site as defined in Section17402 that complies with the 5 requirements of Section 17409.5.10. 6 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7 Reference: Public Resources Code Section 42652.5; and Health and Safety Code 8 Section 39730.6. 9 Section 18984.3. Unsegregated Single-Container Collection Services. 10 (a) A jurisdiction may comply with the requirements of this article by providing a single 11 gray container to each generator that allows for intentional comingling of all collected 12 wastes, including organic waste, provided that the contents of the gray container are 13 transported to a high diversion organic waste processing facility. 14 (b) If the facility that the container is transported to has an annual average mixed waste 15 organic content recovery rate that is lower than required in Section 18982(a)(33) for two 16 (2) consecutive quarterly reporting periods or three (3) quarterly reporting periods within 17 three (3) years, the facility shall not qualify as a high diversion organic waste processing 18 facility. 19 (c) If the jurisdiction is in violation of this section due to a facility to which it sends 20 organic waste being unable to meet the required annual average mixed waste organic 21 content recovery rate, the jurisdiction shall be subject to the enforcement process in 22 Section 18996.2, which may include a corrective action plan as specified in that section 23 allowing it time to meet the requirements of this article prior to the Department seeking 24 administrative penalties. 25 (d) Notwithstanding Subdivision (a), the contents of containers may be initially 26 transported to a consolidation site as defined in Section 17402 that complies with the 27 requirements of Section 17409.5.10. 28 (e) A jurisdiction may allow organic waste specified for collection in the gray container to 29 be placed in bags for collection. 30 (f) Nothing in this section is intended to prohibit a jurisdiction from providing an 31 uncontainerized green waste and yard waste collection service to its generators, 32 provided that the service complies with the following: 33 (1) Generators receiving that service must be provided a collection service for the 34 collection of other organic waste in a manner that complies with this section. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37 Section 39730.6. 38 Section 18984.4. Recordkeeping Requirements for Compliance with Organic 39 Waste Collection Services. 40 (a) A jurisdiction shall include the following information and documents in the 41 Implementation Record required by Section 18995.2: 42 2022/06/14 City Council Post Agenda Page 93 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 67 of 127 November 2020 (1) A description of which collection method(s) it will use to comply with this article. 1 (2) The geographical area for each collection method. 2 (3) If the jurisdiction is using a service that requires the contents of containers 3 provided by the jurisdiction to be transported to a high diversion organic waste 4 processing facility, the jurisdiction shall at a minimum: 5 (A) List all high diversion organic waste processing facilities used by the 6 jurisdiction. 7 (B) List all approved haulers in the jurisdiction that are allowed to take organic 8 waste to the jurisdiction’s identified high diversion organic waste processing facility 9 or facilities. 10 (C) The geographical area the hauler(s) serves, the routes serviced, or a list of 11 addresses served. 12 (4) If the jurisdiction allows compostable plastics to be placed in the green container 13 pursuant to Section 18984.1 or 18984.2, a copy of written notification received from 14 each facility serving the jurisdiction indicating that the facility recovers that material. 15 (5) If the jurisdiction allows organic waste to be collected in plastic bags pursuant to 16 Section 18984.1 or 18984.2, a copy of written notification received from each facility 17 serving the jurisdiction indicating that the facility can process and remove plastic 18 bags when it recovers source separated organic waste. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section42652.5 and Health and Safety Code 21 Section 39730.6. 22 Section 18984.5. Container Contamination Minimization. 23 (a) A generator shall not place prohibited container contaminants in a collection 24 container. A jurisdiction shall monitor the containers provided to generators using a 25 three-container or two-container organic waste collection service pursuant to Section 26 18984.1 or 18984.2 to minimize prohibited container contaminants in a manner that 27 complies with either the provisions of Subdivision (b) or the provisions of Subdivision (c) 28 of this section. 29 (1) A jurisdiction that implements a performance-based source separated collection 30 service pursuant to Section 18998.1 shall monitor containers through waste 31 evaluations as specified in the provisions of Subdivision (c). 32 (b) A jurisdiction may meet its container contamination minimization requirements by 33 conducting a route review for prohibited container contaminants on containers in a 34 manner that results in all hauler routes being reviewed annually. Containers may be 35 randomly selected along a hauler route. This section should not be construed to require 36 that every container on a hauler route must be sampled annually. 37 (1) Upon finding prohibited container contaminants in a container, the jurisdiction, 38 shall notify the generator of the violation. 39 (A) The notice shall, at a minimum, include information regarding the generator’s 40 requirement to properly separate materials into the appropriate containers and may 41 include photographic evidence of the violation. 42 2022/06/14 City Council Post Agenda Page 94 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 68 of 127 November 2020 (B) The notice may be left on the generator’s container, gate, or door at the time the 1 violation occurs, and/or be mailed, e-mailed, or electronically messaged to the 2 generator. 3 (2) If a jurisdiction observes prohibited container contaminants in a generator’s 4 collection container(s), it may dispose of the container’s contents. 5 (3) Notwithstanding Section 18995.1(a)(5), this chapter does not require a jurisdiction 6 to impose administrative civil penalties on generators in violation of the prohibited 7 container contaminants requirement in Subdivision (a), above. 8 (c) A jurisdiction may meet its container contamination minimization requirements by 9 conducting waste evaluations that meet the following standards: 10 (1) The jurisdiction shall conduct waste evaluations for prohibited container 11 contaminants in the following manner: 12 (A) A jurisdiction that implements a three-container or two-container organic waste 13 collection service pursuant to Sections 18984.1 or 18984.2 shall conduct waste 14 evaluations at least twice per year and the studies shall occur in two distinct 15 seasons of the year. 16 (B) A jurisdiction that implements a performance-based source separated 17 collection service pursuant to Section 18998.1 shall conduct waste evaluations at 18 least twice per year for the blue and green containers and once per quarter for the 19 gray container. 20 (C) The waste evaluations shall include samples of each container type served by 21 the jurisdiction. 22 (D) The waste evaluations shall include samples taken from different areas in the 23 jurisdiction that are representative of the jurisdiction’s waste stream. 24 (E) The waste evaluations shall include at least the following minimum number of 25 samples from all the hauler routes included in the studies: 26 1. For routes with less than 1,500 generators the study shall include a minimum 27 of 25 samples. 28 2. For routes with 1,500-3,999 generators the study shall include a minimum of 29 30 samples. 30 3. For routes with 4,000- 6,999 generators the study shall include a minimum of 31 35 samples. 32 4. For routes with 7,000 or more generators the study shall include a minimum 33 of 40 samples. 34 (F) All of the material collected for sampling must be transported to a sorting area 35 at a permitted solid waste facility where the presence of prohibited container 36 contaminants for each container type is measured to determine the ratio of 37 prohibited container contaminants present in each container type by weight. To 38 determine the ratio of prohibited container contaminants the jurisdiction shall use 39 the following protocol: 40 1. Take one sample of at least 200 pounds from the material collected from 41 each container stream for sampling (e.g. a 200 pound sample taken from the 42 contents of all of the green containers collected for sampling). 43 2. The 200 pound sample shall be randomly selected from different areas of the 44 pile of collected material for that container type. 45 2022/06/14 City Council Post Agenda Page 95 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 69 of 127 November 2020 3. For each 200 pound sample, remove any prohibited container contaminants 1 and determine the weight of prohibited container contaminants. 2 4. Then determine the ratio of prohibited container contaminants in the sample 3 by dividing the total weight of prohibited container contaminants by the total 4 weight of the sample. 5 (2) If the sampled weight of prohibited container contaminants exceeds 25 percent of 6 the measured sample for any container type, the jurisdiction shall perform one of the 7 following: 8 (A) Notify all generators on the sampled hauler routes of their requirement to 9 properly separate materials into the appropriate containers. The jurisdiction may 10 provide this information by placing a notice on the generator’s container, gate, or 11 door, and/or by mail, e-mail, or electronic message to the generator. 12 (B) Perform a targeted route review of containers on the routes sampled for waste 13 evaluations to determine the sources of contamination and notify those generators 14 of their obligation to properly separate materials. The jurisdiction may provide this 15 information to these generators by placing a notice on the generator’s container 16 gate, or door, and/or by mail, e-mail, or electronic message to the applicable 17 generators. 18 (d) A jurisdiction that implements a performance-based source separated collection 19 service pursuant to Section 18998.1 shall notify the department within 30 days of finding 20 prohibited container contaminants in the gray container collection stream that exceed 25 21 percent of the measured sample by weight in each of two consecutive waste 22 evaluations performed on gray containers pursuant to the requirements of Subdivision 23 (c), above. 24 (1) A jurisdiction that implements a performance-based source separated collection 25 service pursuant to Section 18998.1 that exceeds an annual average of 25 percent 26 by weight of prohibited container contaminants in the gray container collection shall 27 be subject to the process described in Section 18998.1(c). 28 (e) A jurisdiction that implements a performance-based source separated collection 29 service pursuant to Section 18998.1 shall, upon request, allow a representative of the 30 department to oversee its next scheduled quarterly sampling of the gray container. 31 (f) For the purposes of demonstrating compliance with 18998.1, organic waste that is 32 textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to 33 a quarantine on movement issued by a county agricultural commissioner, is not required 34 to be measured as organic waste. 35 (g) Nothing in this section limits a jurisdiction from adopting contamination standards, 36 fees, sampling methodologies, or noticing protocols that are more stringent or rigorous 37 than the requirements of this section. 38 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40 Section 39730.6. 41 2022/06/14 City Council Post Agenda Page 96 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 70 of 127 November 2020 Section 18984.6. Recordkeeping Requirements for Container Contamination 1 Minimization. 2 (a) A jurisdiction shall include the following information and documents related to its 3 compliance with Section 18984.5, in the Implementation Record required by Section 4 18995.2 of this chapter. 5 (1) A description of the jurisdiction’s process for determining the level of container 6 contamination. 7 (2) Documentation of route reviews conducted pursuant to Section 18984.5(b), as 8 described in Section 18995.1 of this chapter, if applicable. 9 (3) If applicable, documentation of waste evaluations performed pursuant to Section 10 18984.5(c), including information on targeted route reviews conducted as a result of 11 the studies. The documentation shall at a minimum include dates of the studies, the 12 location of the solid waste facility where the study was performed, routes, source 13 sector (e.g. commercial or residential), number of samples, weights and ratio of 14 prohibited container contaminants and total sample size. 15 (4) Copies of all notices issued to generators with prohibited container contaminants. 16 (5) Documentation of the number of containers where the contents were disposed 17 due to observation of prohibited container contaminants. 18 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 19 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 20 Section 39730.6. 21 Section 18984.7. Container Color Requirements. 22 (a)A jurisdiction shall provide containers, for collection services, to generators that 23 comply with the container color requirements specified in this article. 24 (b) Notwithstanding Subdivision (a), a jurisdiction is not required to replace functional 25 containers, including containers purchased prior to January 1, 2022, that do not comply 26 with the color requirements of this article prior to the end of the useful life of those 27 containers, or prior to January 1, 2036, whichever comes first. 28 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30 Section 39730.6. 31 Section 18984.8. Container Labeling Requirements. 32 (a) Commencing January 1, 2022, a jurisdiction shall place a label on each new 33 container or lid provided to generators consistent with the applicable container collection 34 requirements and limitations of this article specifying what materials are allowed to be 35 placed in each container. 36 (b) A jurisdiction may comply with this section by: 37 (1) Placing labels on containers that include language or graphic images or both that 38 indicate the primary materials accepted and the primary materials prohibited in that 39 container; or 40 (2) Providing containers with imprinted text or graphic images that indicate the 41 primary materials accepted and the primary materials prohibited in that container. 42 2022/06/14 City Council Post Agenda Page 97 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 71 of 127 November 2020 (c) Labels shall clearly indicate primary items that are prohibited container contaminants 1 for each container. 2 (d) A jurisdiction may comply with this section by using model labeling provided by the 3 Department. 4 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 5 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 6 Section 39730.6. 7 Section 18984.9 Organic Waste Generator Requirements. 8 (a) Organic waste generators shall comply with applicable local requirements adopted 9 pursuant to this article for the collection and recovery of organic waste, by either: 10 (1) Subscribing to and complying with the requirements of the organic waste 11 collection service provided by their jurisdiction; or 12 (2) Self-hauling organic waste in a manner that complies with the requirements of 13 Article 7 of this chapter. 14 (b) Generators that are commercial businesses, except for multifamily residential 15 dwellings, shall also: 16 (1) Provide containers for the collection of organic waste and non-organic recyclables 17 in all areas where disposal containers are provided for customers, except for 18 restrooms. The containers provided by the business shall have either: 19 (A) A body or lid that conforms with the container colors provided through the 20 organic waste collection service provided by their jurisdiction; or 21 (B) Container labels that comply with the requirements of Section 18984.8. 22 (2) Prohibit their employees from placing organic waste in a container not designated 23 to receive organic waste as set forth in Sections 18984.1(a)(5) and 18984.2(c). 24 (3) Periodically inspect organic waste containers for contamination and inform 25 employees if containers are contaminated and of the requirement to only use those 26 containers for organic waste. 27 (c) Nothing in this section prohibits a generator from preventing or reducing waste 28 generation, managing organic waste on site, or using a community composting site. 29 (d) A commercial business is not required to replace functional containers, including 30 containers purchased prior to January 1, 2022, that do not comply with the requirements 31 of this article prior to the end of the useful life of those containers, or prior to January 1, 32 2036, whichever comes first. 33 (e) If a business does not generate any of the materials that would be collected in one 34 type of container, then the business does not have to provide that particular container in 35 all areas where disposal containers are provided for customers. 36 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38 Section 39730.6. 39 Section 18984.10. Commercial Business Owner Responsibilities. 40 (a) Commercial businesses shall provide or arrange for organic waste collection 41 services consistent with this article and local requirements, for employees, contractors, 42 2022/06/14 City Council Post Agenda Page 98 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 72 of 127 November 2020 tenants, and customers, including supplying and allowing access to an adequate 1 number, size, and location of containers with sufficient labels or container color. 2 (b) Commercial businesses shall annually provide information to employees, 3 contractors, tenants, and customers about organic waste recovery requirements and 4 about proper sorting of organic waste. 5 (1) Commercial businesses shall provide information to new tenants before or within 6 14 days of occupation of the premises. 7 (c) Commercial businesses shall provide or arrange for access to their properties during 8 all inspections conducted pursuant to Article 14 of this chapter (commencing with 9 Section 18995.1). 10 (1) This subdivision is not intended to permit an employee or agent of the 11 Department, or a jurisdiction, to enter the interior of a private residential property. 12 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 13 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 14 Section 39730.6. 15 Section 18984.11. Waivers Granted by a Jurisdiction. 16 (a) A jurisdiction may grant one or more of the following types of waivers to a generator 17 of organic waste: 18 (1) De Minimis Waivers. 19 (A) A jurisdiction may waive a commercial business’ obligation to comply with 20 some or all of the organic waste requirements of this article if the commercial 21 business provides documentation or the jurisdiction has evidence demonstrating 22 that: 23 1. The commercial business’ total solid waste collection service is two cubic 24 yards or more per week and organic waste subject to collection in a blue 25 container or a green container as specified in Section 18984.1(a) comprises 26 less than 20 gallons per week per applicable container of the business’ total 27 waste. 28 2.The commercial business’ total solid waste collection service is less than two 29 cubic yards per week and organic waste subject to collection in a blue container 30 or a green container as specified in Section 18984.1(a) comprises less than 10 31 gallons per week per applicable container of the business’ total waste. 32 (B) A jurisdiction shall, consistent with Section 18995.1, verify that the commercial 33 business’ organic waste generation meets the waiver thresholds set forth in this 34 subdivision. 35 (C) If a jurisdiction obtains information at any time that a commercial business that 36 has received a waiver is exceeding the organic waste thresholds specified in 37 Subsection (A)1. or (A)2., the jurisdiction shall rescind the waiver. 38 (2) Physical Space Waivers. 39 (A) A jurisdiction may waive a commercial business’ or property owner’s obligation 40 to comply with some or all of the organic waste collection service requirements of 41 this article if the commercial business or property owner provides documentation, 42 or the jurisdiction has evidence from its staff, a hauler, licensed architect, or 43 2022/06/14 City Council Post Agenda Page 99 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 73 of 127 November 2020 licensed engineer demonstrating that the premises lack adequate space for any of 1 the organic waste container configurations allowed under 18984.1(a) or 18984.2. 2 (3) Collection Frequency Waivers. 3 (A) A jurisdiction may allow the owner or tenant of any residence, premises, 4 business establishment or industry that subscribes to a three-container or two-5 container organic waste collection service to arrange for the collection of solid 6 waste in a blue container, a gray container, or both once every fourteen days, 7 provided that: 8 1.The jurisdiction, or its authorized hauler, demonstrates to the enforcement 9 agency, as defined in Public Resources Code 40130 that less frequent 10 collection than required by Section 17331 of Title 14 of the California Code of 11 Regulations will not cause receiving solid waste facilities, operations, or both to 12 be in violation of applicable state minimum standards described in Subchapter 4 13 of Chapter 3 of Subdivision 1 of Title 27 or Title 14, Sections 17200 et seq. 14 (b) Nothing in this section allows a jurisdiction to exempt a business subject to the 15 requirements of Section 42649.81 of the Public Resources Code from compliance with 16 that section. 17 (c) Notwithstanding Section 18981.2, the authority to issue a waiver authorized by this 18 section cannot be delegated to a private entity. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21 Section 39730.6. 22 Section 18984.12. Waivers and Exemptions Granted by the Department. 23 (a) Low population waivers. 24 (1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 25 some or all its generators from some or all of the requirements of this article if the 26 following apply: 27 (A) The jurisdiction disposed less than 5,000 tons of solid waste in 2014 as 28 reported in the Disposal Reporting System. 29 (B) The jurisdiction has a total population of less than 7,500 people. 30 (2) A jurisdiction may apply to the Department for a waiver from some or all of the 31 requirements of this article for census tracts that have a population density of less 32 than 75 people per square mile that are served by the jurisdiction and are located in 33 unincorporated portions of a county. 34 (b) Waivers issued pursuant to Subdivision (a) shall be good for a period of up to five 35 years and shall be subject to approval by the Department as follows: 36 (1) A jurisdiction shall submit a request for a waiver with the following information: 37 (A)The number of generators that will be included in the waiver. 38 (B) The requested length of the waiver. 39 (C) If the request for a waiver is submitted by a jurisdiction seeking to waive 40 unincorporated census tracts, the jurisdiction shall identify each census tract that 41 will be waived. 42 2022/06/14 City Council Post Agenda Page 100 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 74 of 127 November 2020 (2) The Department shall review and evaluate and approve or deny a waiver request 1 within 90 days. The Department shall approve a request to grant a waiver if it meets 2 the requirements of this section.enforc 3 (3) A jurisdiction may apply to renew a waiver issued pursuant to Subdivision (a) at 4 any time up to 180 days prior to the expiration of an existing waiver. 5 (c) Rural Exemptions. 6 (1)The Department shall grant an exemption from complying with the organic waste 7 collection requirements specified in this article for rural jurisdictions that meet the 8 definition of a “Rural Jurisdiction” in Section 42649.8 of the Public Resources Code, if 9 the governing body of the jurisdiction adopts a resolution that includes a finding as to 10 the purpose of and need for the exemption. 11 (2) An exemption implemented pursuant to this subdivision shall be valid until 12 December 31, 2026 or until five years after the Department makes a determination 13 pursuant to Section 42649.82 (a)(2)(D) that the statewide disposal of organic waste 14 has not been reduced to 50 percent of the level of disposal during the 2014 calendar 15 year, whichever is later. 16 (d) Elevation Waivers. 17 (1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 18 some or all of its generators from the requirement to separate and recover food 19 waste and food-soiled paper if the entire jurisdiction is located at or above an 20 elevation of 4,500 feet. 21 (2) A jurisdiction may apply to the Department for a waiver for some or all of its 22 generators from the requirement to separate and recover food waste and food-soiled 23 paper in census tracts located in unincorporated portions of a county that are located 24 at or above 4,500 feet. 25 (3) The area of a jurisdiction that is waived pursuant to this section is not required to 26 provide containers to generators as prescribed in Section 18984.7. 27 (4) Residential and commercial generators located within an area that is waived 28 pursuant to this section may deposit food waste and food-soiled paper in a disposal 29 container. 30 (5) A jurisdiction shall submit a request for a waiver with the following information: 31 (A)The number of generators that will be included in the waiver. 32 (B) If the request for a waiver is submitted by a jurisdiction seeking to waive 33 unincorporated census tracts, the jurisdiction shall identify each census tract that 34 will be waived. 35 (6) The Department shall review and evaluate and approve or deny a waiver request 36 within 90 days. The Department shall approve a request to grant a waiver if it meets 37 the requirements of this section. 38 (7) Nothing in this subdivision waives a jurisdiction from its obligation to provide a 39 collection service that collects and recycles the other types of organic wastes 40 specified in Section 18984.1, 18984.2, or 18984.3 in a manner that meets the 41 requirements of those sections. 42 (e) Nothing in this section exempts a jurisdiction from complying with the other 43 requirements to promote and provide information to generators about waste prevention, 44 community composting, managing organic waste on-site, and other means of 45 recovering organic waste, or any other requirements of this chapter. 46 2022/06/14 City Council Post Agenda Page 101 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 75 of 127 November 2020 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2 Section 39730.6. 3 Section 18984.13. Emergency Circumstances, Abatement, Quarantined Materials 4 and Federally Regulated Waste. 5 (a) Emergency Processing Facility Temporary Equipment or Operational Failure 6 Waivers. 7 (1) If the facility processing a jurisdiction’s organic waste notifies the jurisdiction that 8 unforeseen operational restrictions have been imposed upon it by a regulatory 9 agency or that an unforeseen equipment or operational failure will temporarily 10 prevent the facility from processing and recovering organic waste, the jurisdiction 11 may allow the organic waste stream transported to that facility to be deposited in a 12 landfill or landfills for up to 90 days from the date of the restriction or failure. 13 (2) A jurisdiction shall notify the Department in writing within 10 days of a waiver 14 decision pursuant to Subdivision (a)(1). The notice sent to the Department shall 15 include a description of the equipment failure or operational restriction that occurred 16 at the facility, the period of time that the jurisdiction will allow the organic waste 17 stream to be deposited in a landfill or landfills, and the Recycling and Disposal 18 Reporting System Number of the facility that experienced the temporary equipment 19 or operational failure preventing it from receiving some or all of the jurisdiction’s 20 waste. 21 (b) Disasters and emergency waivers. 22 (1) A jurisdiction may submit a request for a waiver for the landfill disposal of 23 “disaster debris” as defined in Section 17210.1(d) of this division that cannot be 24 diverted as defined in Section 17210.1(e) of this division if a waiver or waivers have 25 been granted pursuant to Sections 17210.4 and 17210.9 of this division. 26 (2) If a waiver or waivers have been granted pursuant to Subsection (1) the 27 Department shall waive the organic waste collection requirements of this article in the 28 affected areas for the duration of the waiver. 29 (3) A jurisdiction may dispose of sediment debris removed from dams, culverts, 30 reservoirs, channels and other flood control infrastructure if the material is subject to 31 a waste discharge requirement issued by the regional water quality control board that 32 requires the average organic content of the debris to be less than five percent. 33 (c) A jurisdiction is not required to separate or recover organic waste that is removed 34 from homeless encampments and illegal disposal sites as part of an abatement activity 35 to protect public health and safety. If the total amount of solid waste removed for landfill 36 disposal pursuant to this subdivision is expected to exceed 100 tons annually the 37 jurisdiction shall record the amount of material removed. 38 (d) A jurisdiction may dispose of specific types of organic waste that are subject to 39 quarantine and meet the following requirements: 40 (1) The organic waste is generated from within the boundaries of an established 41 interior or exterior quarantine area defined by the California Department of Food and 42 Agriculture for that type of organic waste. 43 (2) The California Department of Food and Agriculture or the County Agricultural 44 Commissioner determines that the organic waste must be disposed at a solid waste 45 2022/06/14 City Council Post Agenda Page 102 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 76 of 127 November 2020 landfill and the organic waste cannot be safely recovered through any of the recovery 1 activities identified in Article 2 of this chapter. 2 (3) The jurisdiction retains a copy of the California Department of Food and 3 Agriculture approved compliance agreement for each shipment stating that the 4 material must be transported to a solid waste landfill operating under the terms of its 5 own compliance agreement for the pest or disease of concern. 6 (e) Nothing in this chapter requires generators, jurisdictions or other entities subject to 7 these regulations to manage and recover organic waste that federal law explicitly 8 requires to be managed in a manner that constitutes landfill disposal as defined in this 9 chapter. 10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6. 13 Section 18984.14. Recordkeeping Requirements for Waivers and Exemptions. 14 (a) A jurisdiction shall include the following information and documents in the 15 Implementation Record required by Section 18995.2: 16 (1) A copy of all correspondence received from a facility that triggered a Processing 17 Facility Temporary Equipment or Operational Failure Waiver and documentation 18 setting forth the date of issuance of the waiver, the timeframe for the waiver, and the 19 locations or routes affected by the waiver. 20 (2) A description of the jurisdiction’s process for issuing waivers and frequency of 21 inspections by the jurisdiction to verify the validity of waivers. 22 (3) A copy of all De Minimis Waivers, including the location, date issued, and name of 23 generators. 24 (4) A copy of all Physical Space Waivers, including the location, date issued, and 25 name of generators. 26 (5) A copy of all collection frequency waivers, including the location, date issued, and 27 name of generators. 28 (6) A record of the amount of sediment debris that is disposed pursuant to Section 29 18984.13 on an annual basis. 30 (7) A record of the amount of solid waste removed from homeless encampments and 31 illegal disposal sites as part of an abatement activities if the total amount of material 32 removed exceeds 100 tons. 33 (8) A copy of all compliance agreements for quarantined organic waste that is 34 disposed, including the name of generator, date issued, location of final disposition, 35 and the amount of organic waste that was required to be disposed at a solid waste 36 landfill. 37 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39 Section 39730.6. 40 2022/06/14 City Council Post Agenda Page 103 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 77 of 127 November 2020 Article 4. Education and Outreach 1 Section 18985.1. Organic Waste Recovery Education and Outreach. 2 (a) Prior to February 1, 2022, and annually thereafter, a jurisdiction shall provide the 3 following to organic waste generators that are provided an organic waste collection 4 service pursuant to Article 3 of this chapter: 5 (1) Information on the organic waste generator’s requirements to properly separate 6 materials in appropriate containers pursuant to this chapter. 7 (2) Information on methods for: the prevention of organic waste generation, recycling 8 organic waste on-site, sending organic waste to community composting, and any 9 other local requirements regarding organic waste. 10 (3) Information regarding the methane reduction benefits of reducing the landfill 11 disposal of organic waste, and the methods of organic waste recovery the organic 12 waste collection service uses. 13 (4) Information regarding how to recover organic waste and a list of approved 14 haulers. 15 (5) Information related to the public health and safety and environmental impacts 16 associated with the landfill disposal of organic waste. 17 (6) Information regarding programs for the donation of edible food. 18 (7) If a jurisdiction allows generators subject to its authority to self-haul organic waste 19 pursuant to Section 18988.1, information regarding self-hauling requirements shall be 20 included in education and outreach material. 21 (b) A jurisdiction providing an unsegregated single container collection service to 22 organic waste generators is not required to include the information required in 23 Subdivision (a)(1), but shall include information indicating that organic waste is being 24 processed at a high diversion organic waste processing facility. 25 (c) A jurisdiction may comply with the requirements by providing the information 26 required by this section through print or electronic media. In addition to providing 27 information through print and electronic media, a jurisdiction may conduct outreach 28 through direct contact with generators through workshops, meetings, or on-site visits. 29 (d) Consistent with Section 18981.2, a jurisdiction may comply with the requirements of 30 this section through use of a designee. 31 (e) Consistent with Section 7295 of the Government Code, jurisdictions shall translate 32 educational materials required by this chapter into any non-English language spoken by 33 a substantial number of the public provided organic waste collection services by the 34 jurisdiction. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37 Section 39730.6. 38 Section 18985.2. Edible Food Recovery Education and Outreach. 39 (a) On or before February 1, 2022 a jurisdiction shall: 40 (1) Develop a list of food recovery organizations identified in Section 41 18982(a)(25)(A)–(B) and food recovery services operating within the jurisdiction and 42 maintain the list on the jurisdiction’s website. The list shall be updated annually. The 43 2022/06/14 City Council Post Agenda Page 104 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 78 of 127 November 2020 list shall include, at a minimum, the following information about each food recovery 1 organization and each food recovery service: 2 (A) Name and physical address. 3 (B) Contact information. 4 (C) Collection service area. 5 (D) An indication of types of food the food recovery service or organization can 6 accept for food recovery. 7 (b) At least annually a jurisdiction shall: 8 (1) Provide commercial edible food generators with the following information: 9 (A) Information about the jurisdiction’s edible food recovery program established 10 pursuant to Section 18991.1. 11 (B) Information about the commercial edible food generator requirements specified 12 in Article 10 of this chapter. 13 (C) Information about food recovery organizations and food recovery services 14 operating within the jurisdiction, and where a list of those food recovery 15 organizations and food recovery services can be found. 16 (D) Information about actions that commercial edible food generators can take to 17 prevent the creation of food waste. 18 (2) The jurisdiction may provide this information by including it with regularly 19 scheduled notices to those commercial businesses, including the notices provided 20 pursuant to Section 18985.1. 21 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6. 24 Section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance 25 with Education and Outreach Requirements. 26 (a) A jurisdiction shall include all relevant documents supporting its compliance with this 27 article in the Implementation Record required by Section 18995.2 of this chapter, 28 including, but not limited to: 29 (1) Copies of the information provided to comply with this article, including: flyers, 30 brochures, newsletters, invoice messaging, and website and social media postings. 31 (2) The date, and to whom the information was disseminated or direct contact made. 32 If a jurisdiction provides mass distribution through mailings, or bill inserts, it shall 33 provide the date, a copy of the information, and the type and number of accounts 34 receiving the information. 35 (3) If the requirements of this article were met solely through the use of electronic 36 media, the record shall include a copy, with dates posted, of social media posts, e-37 mails or other electronic messages. 38 (4) If a jurisdiction relies on a designee, as allowed in Section 18981.2, to comply 39 with this section, it shall include a copy of the materials distributed by the designee. 40 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 41 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 42 Section 39730.6. 43 2022/06/14 City Council Post Agenda Page 105 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 79 of 127 November 2020 Article 5. Generators of Organic Waste 1 Section 18986.1. Non-Local Entities Requirements. 2 (a) Non-local entities shall comply with the requirements of this chapter to prevent and 3 reduce the generation of organic waste by: 4 (1) Subscribing to and complying with the requirements of an organic waste collection 5 service that meets the requirements of Article 3 of this chapter; or 6 (2) Self-hauling organic waste in a manner that complies with the requirements of 7 Article 7 of this chapter. 8 (b) Non-local entities shall provide containers for the collection of organic waste and 9 non-organic recyclables in all areas where disposal containers are located, except 10 restrooms. The containers provided shall conform to the requirements of the containers 11 provided through an organic waste recovery service authorized under Article 3 of this 12 chapter. 13 (c) Non-local entities shall prohibit their employees from placing organic waste in a 14 container not designated to receive organic waste. 15 (1) Materials specified in this paragraph shall be subject to the following restrictions: 16 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 17 collected in the green container. 18 (B) Hazardous wood waste shall not be collected in the blue or gray container. 19 (d) Non-local entities shall periodically inspect organic waste containers for 20 contamination and inform employees if containers are contaminated and of the 21 requirement to only use those containers for organic waste. 22 (e) Non-local entities shall provide information to employees on methods for the 23 prevention of organic waste generation. 24 (f) Nothing in this section prohibits a non-local entity from preventing waste generation, 25 managing organic waste on site, or using a community composting site. 26 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 27 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 28 Section 39730.6. 29 Section 18986.2. Local Education Agencies Requirements. 30 (a) Local education agencies shall comply with the requirements of this chapter to 31 prevent and reduce the generation of organic waste by: 32 (1) Subscribing and complying with the requirements of an organic waste collection 33 service that meets the requirements of Article 3 of this chapter; or 34 (2) Self-hauling organic waste in a manner that complies with the requirements of 35 Article 7 of this chapter. 36 (b) Local education agencies shall provide containers for the collection of organic waste 37 and non-organic recyclables in all areas where disposal containers are located, except 38 restrooms. The containers provided shall conform to the requirements of the containers 39 provided through an organic waste recovery service authorized under Article 3 of this 40 chapter. 41 (c) Local education agencies shall prohibit their employees from placing organic waste 42 in a container not designated to receive organic waste. 43 2022/06/14 City Council Post Agenda Page 106 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 80 of 127 November 2020 (1) Materials specified in this paragraph shall be subject to the following restrictions: 1 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 2 collected in the green container. 3 (B) Hazardous wood waste shall not be collected in the blue or gray container. 4 (d) Local education agencies shall periodically inspect organic waste containers for 5 contamination and inform employees if containers are contaminated and of the 6 requirement to only use those containers for organic waste. 7 (e) Local education agencies shall provide information to employees and students on 8 methods for the prevention of organic waste generation. 9 (f) Nothing in this section prohibits a local education agency from preventing waste 10 generation, managing organic waste on site, and/or using a community composting site. 11 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 12 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 13 Section 39730.6. 14 Section 18986.3. Waivers for Non-Local Entities and Local Education Agencies. 15 (a) The Department shall waive a non-local entity’s or local education agency’s 16 obligation to comply with some or all of organic waste collection service requirements of 17 this article if the entity or agency provides documentation demonstrating that any of the 18 following apply: 19 (1) The total solid waste collection service subscribed to is two cubic yards or more 20 per week and organic waste subject to collection in a blue container or a green 21 container as specified in Section 18984.1(a) comprises less than 20 gallons per week 22 per applicable container of the non-local entity’s or local education agency’s total 23 waste. 24 (2) The total solid waste collection service subscribed to is less than two cubic yards 25 per week and organic waste subject to collection in a blue container or a green 26 container as specified in Section 18984.1(a) comprises less than 10 gallons per week 27 per applicable container of the non-local entity’s or local education agency’s total 28 waste. 29 (3) A hauler, licensed architect, or licensed engineer has determined that there is not 30 adequate space for separate organic waste containers. 31 (4) The entity is located within a jurisdiction or census tract that has been granted a 32 waiver by the Department pursuant to Section 18984.12. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6. 36 Article 6. Biosolids Generated at a Publicly Owned Treatment Works 37 (POTW) 38 Section 18987.1. Biosolids Generation at a POTW. 39 (a) A POTW generating biosolids is not subject to the following: 40 (1) The generator requirements set forth in Section 18984.9. 41 2022/06/14 City Council Post Agenda Page 107 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 81 of 127 November 2020 (2) The organic waste recovery and measurement requirements described in 1 Sections 17409.5.1 through 17409.5.8 of this division. 2 (3) The recordkeeping and reporting requirement described in Section 17414.2 of this 3 division. 4 (b) Material received at a POTW that it is not allowed to accept pursuant to Section 5 17896.6(a)(1)(C) or (D) shall be deemed to constitute landfill disposal pursuant to 6 Section 18983.1(a)(3). 7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9 Section 39730.6. 10 Article 7. Regulation of Haulers 11 Section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers. 12 (a) A jurisdiction shall require haulers providing residential, commercial, or industrial 13 organic waste collection services to generators within its boundaries to meet the 14 requirements and standards of this chapter as a condition of approval of a contract, 15 agreement, or other authorization to collect organic waste. 16 (1) A jurisdiction shall require haulers to identify the facilities to which they will 17 transport organic waste as a requirement for approval. 18 (2) A jurisdiction shall require haulers providing an organic waste collection service to 19 comply with the applicable requirements of Article 3 of this chapter. 20 (b) If a jurisdiction allows generators subject to its authority to self-haul organic waste, it 21 shall adopt an ordinance or a similarly enforceable mechanism that requires compliance 22 with the requirements in Section 18988.3 of this article. 23 (c) Notwithstanding Subdivision (a), this section is not applicable to: 24 (1) A hauler that is consistent with Article 1, Chapter 9, Part 2, Division 30, 25 commencing with Section 41950 of the Public Resources Code, transporting source 26 separated organic waste to a community composting site; or 27 (2) A hauler that is lawfully transporting construction and demolition debris in 28 compliance with Section 18989.1. 29 (d) Jurisdictions that are exempt from the organic waste collection requirements 30 pursuant to Section 18984.12, and haulers and self-haulers operating or located within 31 exempt areas of those jurisdictions, are not required to comply with the provisions of 32 this article for the duration of an exemption issued pursuant to Section 18984.12. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6. 36 Section 18988.2. Haulers of Organic Waste Requirements. 37 (a) A hauler providing residential, commercial, or industrial organic waste collection 38 services shall comply with all of the following: 39 (1) Organic waste collected by the hauler shall be transported to a facility, operation, 40 activity or property that recovers organic waste as defined in Article 2 of this chapter. 41 2022/06/14 City Council Post Agenda Page 108 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 82 of 127 November 2020 (2) Obtain applicable approval issued by the jurisdiction pursuant to Section 18988.1. 1 (b) The hauler shall keep a record of the documentation of its approval by the 2 jurisdiction. 3 (c) Notwithstanding (a), this section is not applicable to: 4 (1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1 commencing 5 with Section 41950 of the Public Resources Code, transports source separated 6 organic waste to a community composting site; or 7 (2) A hauler that is lawfully transporting construction and demolition debris in 8 compliance with Section 18989.1. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12 Section 18988.3. Self-haulers of Organic Waste. 13 (a) Generators of organic waste may, in compliance with Section 18988.1 of this 14 division, self-haul their own organic waste. 15 (b) A generator who is a self-hauler of organic waste shall comply with the following: 16 (1) The generator shall source separate all organic waste generated on site in a 17 manner consistent with Sections 18984.1 and 18984.2, or haul organic waste to a 18 high diversion organic waste processing facility as specified in Section 18984.3. 19 (2) The generator shall haul source separated organic waste to a solid waste facility 20 operation, activity, or property that processes or recovers source separated organic 21 waste. 22 (3) The generator shall keep a record of the amount of organic waste delivered to 23 each solid waste facility, operation, activity, or property that processes or recovers 24 organic waste; this record shall be subject to inspection by the jurisdiction. 25 (A) The records shall include delivery receipts and weight tickets from the entity 26 accepting the waste. 27 (B) The record shall indicate the amount of material in cubic yards or tons 28 transported by the generator to each entity. 29 (C) Notwithstanding Subdivision (b)(3)(A), if the material is transported to an entity 30 that does not have scales on-site, or employs scales incapable of weighing the 31 self-hauler’s vehicle in a manner that allows it to determine the weight of waste 32 received, the self-hauler is not required to record the weight of material but shall 33 keep a record of the entities that received the organic waste. 34 (4) A residential organic waste generator that self-hauls organic waste is not required 35 to record or report the information identified in Subdivision (b)(3). 36 (c) A generator that is located in a jurisdiction or area that received a waiver under 37 Section 18984.12 of this division and is not a business subject to the requirements of 38 Section 42649.81 of the Public Resources Code is not required to comply with the 39 requirements of this section. 40 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 41 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 42 Section 39730.6. 43 2022/06/14 City Council Post Agenda Page 109 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 83 of 127 November 2020 Section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction 1 Hauler Program. 2 (a) A jurisdiction shall include all relevant documents supporting its compliance with this 3 article in the Implementation Record required by Article 14 of this chapter. Records 4 maintained shall include but are not limited to copies of: 5 (1) Ordinances, contracts, franchise agreements, policies, procedures, or programs 6 relevant to this section. 7 (2) A description of the jurisdiction’s hauler program including: 8 (A) Type(s) of hauler system(s) the jurisdiction uses. 9 (B) Type(s) and condition(s) of approvals per type of hauler, and criteria for 10 approvals, denials and revocations. 11 (C) The process for issuing, revoking, and denying written approvals. 12 (D) Any requirements associated with self-hauling and back-hauling. 13 (3) A record of hauler compliance with local ordinance(s) and the requirements of this 14 article including the following information: 15 (A) Copies of all reports required from haulers. 16 (B) Copies of all written approvals, denials, and revocations. 17 (b) All records required by this article shall include the date of action, the name of the 18 hauler, and the type of the action taken by the jurisdiction. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21 Section 39730.6. 22 Article 8. CALGreen Building Standards and Model Water Efficient 23 Landscape Ordinance 24 Section 18989.1. CALGreen Building Codes. 25 (a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 26 requires compliance with the following provisions of the California Green Building 27 Standards Code, California Code of Regulations, Title 24, Part 11 as amended July 1, 28 2019 and effective January 1, 2020: 29 (1) Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 30 Recycling by Occupants Non-residential. 31 (2) For organic waste commingled with construction and demolition debris, Section 32 4.408.1 Construction Waste Management Residential and Section 5.408.1 33 Construction Waste Management non-residential. 34 (b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 35 county. 36 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38 Section 39730.6. 39 2022/06/14 City Council Post Agenda Page 110 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 84 of 127 November 2020 Section 18989.2 Model Water Efficient Landscape Ordinance. 1 (a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 2 requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the Model Water 3 Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code 4 of Regulations as amended September 15, 2015. 5 (b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 6 county. 7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9 Section 39730.6. 10 Article 9. Locally Adopted Standards and Policies 11 Section 18990.1. Organic Waste Recovery Standards and Policies. 12 (a) Nothing in this chapter is intended to limit the authority of a jurisdiction to adopt 13 standards that are more stringent than the requirements of this chapter, except as 14 provided in Subdivision (b) of this section. 15 (b) A jurisdiction shall not implement or enforce an ordinance, policy, procedure, permit 16 condition, or initiative that includes provisions that do any of the following: 17 (1) Prohibit, or otherwise unreasonably limit or restrict, the lawful processing and 18 recovery of organic waste through a method identified in Article 2 of this chapter. 19 (2) Limit a particular solid waste facility, operation, property, or activity from accepting 20 organic waste imported from outside of the jurisdiction for processing or recovery. 21 (3) Limit the export of organic waste to a facility, operation, property or activity 22 outside of the jurisdiction that recovers the organic waste through a method identified 23 in Article 2 of this chapter. 24 (4) Require a generator or a hauler to transport organic waste to a solid waste facility 25 or operation that does not process or recover organic waste. 26 (5) Require a generator to use an organic waste collection service or combination of 27 services that do not recover at least the same types of organic waste recovered by a 28 service the generator previously had in place. 29 (c) This section does not do any of the following: 30 (1) Require a solid waste facility or operation to accept organic waste that does not 31 meet the quality standards established by the solid waste facility or operation. 32 (2) Prohibit a jurisdiction from arranging with a solid waste facility or operation to 33 guarantee permitted capacity for organic waste from the jurisdiction. 34 (3) Supersede or otherwise affect: the land use authority of a jurisdiction, including, 35 but not limited to, planning, zoning, and permitting; or an ordinance lawfully adopted 36 pursuant to that land use authority consistent with this section. 37 (4) Prohibit a jurisdiction from arranging through a contract or franchise for a hauler to 38 transport organic waste to a particular solid waste facility or operation for processing 39 or recovery. 40 (5) Exempt a jurisdiction, generator, or hauler from compliance with Division 4.5 of 41 Title 22 of the California Code of Regulations relative to the proper handling of 42 hazardous or universal waste or Title 3, Section 1180.48 of the California Code of 43 2022/06/14 City Council Post Agenda Page 111 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 85 of 127 November 2020 Regulations relative to Disposal of Parts and Products of Animals Not Intended for 1 Use as Human Food. 2 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Sections 40001, 40002, 40059, and 42652.5 and 4 Health and Safety Code Section 39730.6. 5 Section 18990.2. Edible Food Recovery Standards and Policies. 6 (a) A jurisdiction shall not implement or enforce an ordinance, policy, or procedure that 7 prohibits the ability of a generator, food recovery organization, or food recovery service 8 to recover edible food that could be recovered for human consumption. 9 (b) A local education agency shall not implement or enforce an ordinance, policy, or 10 procedure that prohibits share tables or requires schools to adhere to a food safety 11 standard not specified in Part 7 of Division 104 of the Health and Safety Code. 12 (c) Nothing in this chapter shall be construed to limit or conflict with the provisions of the 13 California Good Samaritan Food Donation Act of 2017 (the act). Specifically: 14 (1) Nothing in this chapter shall be construed to limit the amount or types of foods 15 that may be donated under the act. 16 (2) Nothing in this chapter shall be construed to limit the ability of a person, gleaner 17 or food facility to donate food as provided for in Sections 114432 and 114433 of the 18 Health and Safety Code. 19 (3) Nothing in this chapter shall be construed to reduce the immunities provided by 20 the California Good Samaritan Food Donation Act as specified in Section 114434 of 21 the Health and Safety Code. 22 (d) Nothing in this chapter prohibits a food recovery service or organization from 23 refusing to accept edible food from a commercial edible food generator. 24 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 25 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 26 Sections 39730.6, 114432, 114433 and 114434 27 Article 10. Jurisdiction Edible Food Recovery Programs, Food 28 Generators, and Food Recovery 29 Section 18991.1. Jurisdiction Edible Food Recovery Program. 30 (a) A jurisdiction shall implement an edible food recovery program that shall include the 31 actions that the jurisdiction will take to accomplish each of the following: 32 (1) Educate commercial edible food generators as set forth in Section 18985.2. 33 (2) Increase commercial edible food generator access to food recovery organizations 34 and food recovery services. 35 (3) Monitor commercial edible food generator compliance as required in Article 14 of 36 this chapter. 37 (4) Increase edible food recovery capacity if the analysis required by Section 18992.2 38 indicates that the jurisdiction does not have sufficient capacity to meet its edible food 39 recovery needs. 40 2022/06/14 City Council Post Agenda Page 112 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 86 of 127 November 2020 (b) A jurisdiction may fund the actions taken to comply with this section through 1 franchise fees, local assessments, or other funding mechanisms. 2 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 4 Section 39730.6. 5 Section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food 6 Recovery Program. 7 (a) A jurisdiction shall include all documents supporting its compliance with Section 8 18991.1 in the Implementation Record required by Section 18995.2 and shall also 9 include at a minimum: 10 (1) A list of commercial edible food generators in the jurisdiction that have a contract 11 or written agreement with food recovery organizations or services pursuant to Section 12 18991.3(b). 13 (2) A list of food recovery organizations and food recovery services in the jurisdiction 14 and their edible food recovery capacity. 15 (3) Documentation of the actions the jurisdiction has taken to increase edible food 16 recovery capacity. 17 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 18 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 19 Section 39730.6. 20 Section 18991.3. Commercial Edible Food Generators. 21 (a) Tier One commercial edible food generators shall comply with the requirements of 22 this section commencing January 1, 2022. Tier two commercial edible food generators 23 shall comply with the requirements of this section commencing January 1, 2024. 24 (b) Commercial edible food generators shall arrange to recover the maximum amount of 25 edible food that would otherwise be disposed. A commercial edible food generator shall 26 comply with the requirements of this section through a contract or written agreement 27 with any or all of the following: 28 (1) Food recovery organizations or services that will collect their edible food for food 29 recovery. 30 (2) Food recovery organizations that will accept the edible food that the commercial 31 edible food generator self-hauls to the food recovery organization for food recovery. 32 (c) A large venue or large event operator that does not provide food services, but allows 33 for food to be provided, shall require food facilities operating at the large venue or large 34 event to comply with the requirements of this section. 35 (d) A commercial edible food generator shall comply with the requirements of this 36 section unless the commercial edible food generator demonstrates the existence of 37 extraordinary circumstances beyond its control that make such compliance 38 impracticable. If an enforcement action is commenced against a commercial edible food 39 generator for noncompliance, the burden of proof shall be upon the commercial edible 40 food generator to demonstrate extraordinary circumstances. For the purposes of this 41 section extraordinary circumstances are: 42 2022/06/14 City Council Post Agenda Page 113 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 87 of 127 November 2020 (1) A failure by the jurisdiction to increase edible food recovery capacity as required 1 in Section 18991.1. 2 (2) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or 3 natural disasters. 4 (e) An edible food generator shall not intentionally spoil edible food that is capable of 5 being recovered by a food recovery organization or service. 6 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 8 Section 39730.6. 9 Section 18991.4. Recordkeeping Requirements For Commercial Edible Food 10 Generators. 11 (a) A commercial edible food generator subject to the requirements in this article shall 12 keep a record that includes the following: 13 (1) A list of each food recovery service or organization that collects or receives its 14 edible food pursuant to a contract or written agreement established under Section 15 18991.3(b). 16 (2) A copy of contracts or written agreements between the commercial edible food 17 generator and a food recovery service or organization. 18 (3) A record of the following for each food recovery organization or service that the 19 commercial edible food generator has a contract or written agreement with pursuant 20 to Section 18991.3(b): 21 (A) The name, address and contact information of the service or organization. 22 (B) The types of food that will be collected by or self-hauled to the service or 23 organization. 24 (C) The established frequency that food will be collected or self-hauled. 25 (D) The quantity of food collected or self-hauled to a service or organization for 26 food recovery. The quantity shall be measured in pounds recovered per month. 27 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 28 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 29 Section 39730.6. 30 Section 18991.5. Food Recovery Services and Organizations. 31 (a) A food recovery organization or service that has established a contract or written 32 agreement to collect or receive edible food directly from commercial edible food 33 generators pursuant to Section 18991.3(b) shall maintain records specified in this 34 section: 35 (1) A food recovery service shall maintain a record of: 36 (A) The name, address and contact information for each commercial edible food 37 generator that the service collects edible food from. 38 (B) The quantity in pounds of edible food collected from each commercial edible 39 food generator per month. 40 (C) The quantity in pounds of edible food transported to each food recovery 41 organization per month. 42 2022/06/14 City Council Post Agenda Page 114 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 88 of 127 November 2020 (D) The name, address and contact information for each food recovery 1 organization that the service transports edible food to for food recovery. 2 (2) A food recovery organization shall maintain a record of: 3 (A) The name, address and contact information for each commercial edible food 4 generator that the organization receives edible food from. 5 (B) The quantity in pounds of edible food received from each commercial edible 6 food generator per month. 7 (C) The name, address and contact information for each food recovery service that 8 the organization receives edible food from for food recovery. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12 Article 11. Organic Waste Recycling Capacity Planning 13 Section 18992.1. Organic Waste Recycling Capacity Planning. 14 (a) Counties, in coordination with jurisdictions and regional agencies located within the 15 county, shall: 16 (1) Estimate the amount of all organic waste in tons that will be disposed by the 17 county and jurisdictions within the county by: 18 (A) Multiplying the percentage of organic waste reported as disposed in the 19 Department’s most recent waste characterization study by the total amount of 20 landfill disposal attributed to the county and each jurisdiction located within the 21 county by the Recycling and Disposal Reporting System; or 22 (B) Using a waste characterization study or studies performed by jurisdictions 23 located within the county and applying the results of those studies to the total 24 amount of landfill disposal attributed to the county and each jurisdiction located 25 within the county by the Recycling and Disposal Reporting System. Local studies 26 may be used if the studies: 27 1.Were performed within the last five years, 28 2. Include at least the same categories of organic waste as the Department’s 29 most recent waste characterization study that was available at the time the local 30 study or studies were performed, and, 31 3.Include a statistically significant sampling of solid waste disposed by the 32 jurisdiction conducting the study. 33 (2) A county may incorporate the findings of a published report generated by the 34 appropriate solid waste management entities within the county that provides organic 35 waste disposal tonnages or percentages for specific organic waste material types 36 that are not covered in the Department’s most recent waste characterization study. 37 This may include, but is not limited to, reports on tons of biosolids or digestate 38 disposed in the county. 39 (3) Identify the amount in tons of existing organic waste recycling infrastructure 40 capacity, located both in the county and outside of the county, that is verifiably 41 available to the county and jurisdictions located within the county. 42 2022/06/14 City Council Post Agenda Page 115 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 89 of 127 November 2020 (A) A county can demonstrate the capacity is verifiably available to the county or 1 its jurisdictions through a contract, franchise, or other documentation of existing, 2 new, or expanded capacity at a facility, activity, operation or property that recovers 3 organic waste that will be available to the county or its jurisdiction prior to the end 4 of the reporting period. 5 (4) Estimate the amount of new or expanded organic waste recycling facility capacity 6 that will be needed to process the organic waste identified pursuant to Subdivision 7 (a)(1) in addition to the existing capacity identified in Subdivision (a)(3). 8 (b) A jurisdiction or regional agency contacted by a county pursuant to Subdivision (a) 9 shall respond to the county’s request for the information necessary to comply with the 10 requirements of this article within 120 days of receiving the request from the county. 11 (1) If a jurisdiction or regional agency fails to provide the information necessary to 12 comply with the requirements of this article within 120 days, the county is not 13 required to include estimates for that jurisdiction in the report it submits pursuant to 14 Section 18992.3. 15 (2) In the report submitted pursuant to Section 18992.3 the county shall identify any 16 jurisdiction that did not provide the information necessary to comply with the 17 requirements of this article within 120 days of receiving a request from the county. 18 (c) In complying with this section, the county in coordination with jurisdictions and 19 regional agencies located within the county shall: 20 (1) Consult with the Enforcement Agency and the local task force created pursuant to 21 Section 40950 of the Public Resources Code on the status of locations for new or 22 expanded solid waste facilities including the potential capacity increase each facility 23 may provide if approved. 24 (2) Consult with haulers and owners of facilities, operations, and activities that 25 recover organic waste including, but not limited to, compost facilities, in-vessel 26 digestion facilities, and Publicly Owned Treatment Works to gather information on the 27 existing capacity and potential new or expanded capacity at those facilities, 28 operations, and activities. 29 (A) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 30 days regarding available and potential new or expanded capacity at their facilities, 31 operations, and activities, including information about throughput and permitted 32 capacity necessary for planning purposes. 33 (3) Conduct community outreach regarding locations being considered for new or 34 expanded facilities, operations, or activities to seek feedback on the benefits and 35 impacts that may be associated with new or expanded facilities, operations, or 36 activities. The community outreach shall: 37 (A) Include at least one of the following forms of communication: public workshops 38 or meetings, print noticing, and electronic noticing. 39 (B) If applicable be conducted in coordination with potential solid waste facility 40 operators that may use the location identified by the county and the jurisdictions 41 and regional agencies located within the county. 42 (C) Include communication to disadvantaged communities that may be impacted 43 by the development of new facilities at the locations identified by the county and 44 the jurisdictions and regional agencies located within the county. 45 2022/06/14 City Council Post Agenda Page 116 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 90 of 127 November 2020 (D) Communication required by this section must be provided in non-English 1 languages spoken by a substantial number of the public in the applicable 2 jurisdiction in a manner that conforms with the requirements of Section 18985.1(e). 3 (4) Consult with community composting operators to estimate the amount of organic 4 waste the county, and the jurisdictions and regional agencies located within the 5 county, anticipate will be handled at community composting activities. 6 (d) If a county determines that organic waste recycling capacity, in addition to the 7 available and proposed capacity identified pursuant to Subdivision (a), is needed within 8 that county, the county shall notify the jurisdiction or jurisdictions that lack sufficient 9 capacity that it is required to: 10 (1) Submit an implementation schedule to the Department that demonstrates how it 11 will ensure there is enough available capacity to recover the organic waste currently 12 disposed by generators within their jurisdiction by the end of the report period. 13 (A) The implementation schedule shall include timelines and milestones for 14 planning efforts to access capacity including, but not limited to: 15 1. Obtaining funding for organic waste recycling infrastructure including, but not 16 limited to, modifying franchise agreements or demonstrating other means of 17 financially supporting the expansion of organic waste recycling. 18 2. Identification of facilities, operations, and activities that could be used for 19 additional capacity. 20 (2) Identify proposed new or expanded organic waste recycling facilities that will be 21 used to process the organic waste identified pursuant to Subdivision (a)(3). 22 (e) The notice the county provides jurisdictions pursuant to Subdivision (d) shall be 23 provided on or before the county submits the report required pursuant to Section 24 18992.3. 25 (f) For the purposes of this section, only the following type of organic waste shall be 26 included in estimates: food, green waste, landscape and pruning waste, wood, paper 27 products, printing and writing paper, digestate and biosolids. 28 (g) For the purposes of conducting the estimates required by this section, a county may 29 subtract the waste generated in an area subject to a waiver granted by the Department 30 pursuant to Section 18984.12. A county is not required to obtain information from a 31 jurisdiction that is waived from all of the organic waste collection requirements of this 32 chapter. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6. 36 Section 18992.2. Edible Food Recovery Capacity. 37 (a) Counties, in coordination with jurisdictions and regional agencies located within the 38 county, shall: 39 (1) Estimate the amount of edible food that will be disposed by commercial edible 40 food generators that are located within the county and jurisdictions within the county. 41 (2) Identify existing capacity at food recovery organizations identified in Section 42 18982(a)(25)(A)–(B) that is available to commercial edible food generators located 43 within the county and jurisdictions within the county. 44 2022/06/14 City Council Post Agenda Page 117 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 91 of 127 November 2020 (3) Identify proposed new or expanded food recovery organizations and food 1 recovery services that will be used to recover edible food identified pursuant to 2 Subdivision (a)(1). 3 (4) Identify the amount of new or expanded capacity, if any, at food recovery 4 organizations and food recovery services that is necessary to recover the edible food 5 that is estimated to be disposed by commercial edible food generators in (a)(1). 6 (b) In complying with this section the county in coordination with jurisdictions and 7 regional agencies located within the county shall consult with food recovery 8 organizations and food recovery services regarding existing, or proposed new and 9 expanded, capacity that could be accessed by the jurisdiction and its commercial edible 10 food generators. 11 (1) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 days 12 regarding available and potential new or expanded capacity. 13 (c) If a county identifies that new or expanded capacity is needed to recover the amount 14 of edible food identified in Subdivision (a), then each jurisdiction within that county that 15 lacks capacity shall: 16 (1) Submit an implementation schedule to the Department that demonstrates how it 17 will ensure there is enough new or expanded capacity to recover the edible food 18 currently disposed by commercial edible food generators within its jurisdiction by the 19 end of the reporting period set forth in Section 18992.3 of this article. 20 (A) The implementation schedule shall include timelines and milestones for 21 planning efforts to access additional new or expanded capacity including, but not 22 limited to: 23 1. Obtaining funding for edible food recovery infrastructure including, but not 24 limited to, modifying franchise agreements or demonstrating other means of 25 financially supporting the expansion of edible food recovery capacity. 26 2. Identification of facilities, operations, and activities inside the county that 27 could be used for additional capacity. 28 (2) Consult with food recovery organizations and food recovery services regarding 29 existing, or proposed new and expanded, capacity that could be accessed by the 30 jurisdiction and its commercial edible food generators. 31 (d) If a county finds that new or expanded capacity is needed pursuant to Subdivision 32 (c) then on or before the county submits the report required pursuant to Section 33 18992.3, the county shall notify the jurisdiction or jurisdictions that lack sufficient 34 capacity. 35 (e) A jurisdiction or regional agency contacted by a county pursuant to this section shall 36 respond to the county’s request for the information necessary to comply with the 37 requirements of this section within 120 days of receiving the request from the county. 38 (1) If a jurisdiction or regional agency fails to provide the information necessary to 39 comply with the requirements of this article within 120 days, the county is not 40 required to include estimates for that jurisdiction in the report it submits pursuant to 41 Section 18992.3. 42 (2) In the report submitted pursuant to Section 18992.3 the county shall identify any 43 jurisdiction that did not provide the information necessary to comply with the 44 requirements of this section within 120 days of receiving a request from the county. 45 2022/06/14 City Council Post Agenda Page 118 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 92 of 127 November 2020 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2 Section 39730.6. 3 Section 18992.3. Schedule For Reporting. 4 (a) Counties, in coordination with jurisdictions and regional agencies located within the 5 county, shall conduct the planning requirements of Sections 18992.1 and 18992.2, on 6 the following schedule: 7 (1) August 1, 2022 counties shall report to the Department on the period covering 8 January 1, 2022 through December 31, 2024. 9 (A) Jurisdictions that are exempt from the organic waste collection requirements 10 pursuant to Section 18984.12, are not required to conduct the capacity planning 11 required in Section 18992.1 and are not required to include capacity plans 12 required by Section 18992.1 in the first reporting period. 13 (2) August 1, 2024 counties shall report to the Department on the period covering 14 January 1, 2025 through December 31, 2034. 15 (3) August 1, 2029 counties shall report to the Department on the period covering 16 January 1, 2030 through December 31, 2039. 17 (4) August 1, 2034 counties shall report to the Department on the period covering 18 January 1, 2035 through December 31, 2044. 19 (b) If a jurisdiction is required to submit an implementation schedule pursuant to Section 20 18992.1 or 18992.2 the implementation schedule shall be submitted 120 days following 21 the date the county submitted the report to the Department. 22 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 24 Section 39730.6. 25 Article 12. Procurement of Recovered Organic Waste Products 26 Section 18993.1. Recovered Organic Waste Product Procurement Target. 27 (a) Except as otherwise provided, commencing January 1, 2022, a jurisdiction shall 28 annually procure a quantity of recovered organic waste products that meets or exceeds 29 its current annual recovered organic waste product procurement target as determined 30 by this article. For the purposes of this section, “jurisdiction” means a city, a county or a 31 city and county. 32 (b) On or before January 1, 2022, and on or before January 1 every five years 33 thereafter, the Department shall recalculate the annual recovered organic waste product 34 procurement target for each jurisdiction according to the requirements of Subdivision 35 (c). 36 (c). Each jurisdiction’s recovered organic waste product procurement target shall be 37 calculated by multiplying the per capita procurement target by the jurisdiction population 38 where: 39 (1) Per capita procurement target = 0.08 tons of organic waste per California resident 40 per year. 41 2022/06/14 City Council Post Agenda Page 119 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 93 of 127 November 2020 (2) Jurisdiction population equals the number of residents in a jurisdiction, using the 1 most recent annual data reported by the California Department of Finance. 2 (d) Annually, the Department shall provide notice to each jurisdiction of its annual 3 recovered organic waste product procurement target by posting such information on the 4 Department’s website and providing written notice directly to the jurisdiction. 5 (e) A jurisdiction shall comply with Subdivision (a) by one or both of the following: 6 (1) Directly procuring recovered organic waste products for use or giveaway. 7 (2) Requiring, through a written contract or agreement, that a direct service provider 8 to the jurisdiction procure recovered organic waste products and provide written 9 documentation of such procurement to the jurisdiction. 10 (f) For the purposes of this article, the recovered organic waste products that a 11 jurisdiction may procure to comply with this article are: 12 (1) Compost, subject to any applicable limitations of Public Contract Code Section 13 22150, that is produced at: 14 (A) A compostable material handling operation or facility permitted or authorized 15 under Chapter 3.1 of this division; or 16 (B) A large volume in-vessel digestion facility as defined and permitted under 17 Chapter 3.2 of this division that composts on-site. [NOTE: Digestate, as defined in 18 Section 18982(a)(16.5), is a distinct material from compost and is thus not a 19 recovered organic waste product eligible for use in complying with this Article.] 20 (2) Renewable gas used for fuel for transportation, electricity, or heating applications. 21 (3) Electricity from biomass conversion. 22 (4) Mulch, provided that the following conditions are met for the duration of the 23 applicable procurement compliance year: 24 (A) The jurisdiction has an enforceable ordinance, or similarly enforceable 25 mechanism, that requires the mulch procured by the jurisdiction to comply with this 26 article to meet or exceed the physical contamination, maximum metal 27 concentration, and pathogen density standards for land application specified in 28 Section 17852(a)(24.5)(A)1. through 3. of this division; and 29 (B) The mulch is produced at one or more of the following: 30 1. A compostable material handling operation or facility as defined in Section 31 17852(a)(12), other than a chipping and grinding operation or facility as defined 32 in Section 17852(a)(10), that is permitted or authorized under this division; or 33 2. A transfer/processing facility or transfer/processing operation as defined in 34 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized 35 under this division; or 36 3. A solid waste landfill as defined in Public Resources Code Section 40195.1 37 that is permitted under Division 2 of Title 27 of the California Code of 38 Regulations. 39 (g) The following conversion factors shall be used to convert tonnage in the annual 40 recovered organic waste product procurement target for each jurisdiction to equivalent 41 amounts of recovered organic waste products: 42 (1) One ton of organic waste in a recovered organic waste product procurement 43 target shall constitute: 44 (A) 21 diesel gallon equivalents, or “DGE,” of renewable gas in the form of 45 transportation fuel. 46 2022/06/14 City Council Post Agenda Page 120 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 94 of 127 November 2020 (B) 242 kilowatt-hours of electricity derived from renewable gas. 1 (C) 22 therms for heating derived from renewable gas. 2 (D) 650 kilowatt-hours of electricity derived from biomass conversion. 3 (E) 0.58 tons of compost or 1.45 cubic yards of compost. 4 (F) One ton of mulch. 5 (h) Renewable gas procured from a POTW may only count toward a jurisdiction’s 6 recovered organic waste product procurement target provided the following conditions 7 are met for the applicable procurement compliance year: 8 (1) The POTW receives organic waste directly from one or more of the following: 9 (A) A compostable material handling operation or facility as defined in Section 10 17852(a)(12), other than a chipping and grinding operation or facility as defined in 11 Section 17852(a)(10), that is permitted or authorized under this division; or 12 (B) A transfer/processing facility or transfer/processing operation as defined in 13 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 this division; or 15 (C) A solid waste landfill as defined in Public Resources Code Section 40195.1 16 that is permitted under Division 2 of Title 27 of the California Code of Regulations. 17 (2) The POTW is in compliance with the exclusion described in Section 18 17896.6(a)(1). 19 (3) The jurisdiction receives a record from the POTW documenting the tons of 20 organic waste received by the POTW from all solid waste facilities described in 21 subsection (h)(1) above. 22 (4) The amount of renewable gas a jurisdiction or jurisdictions procured from the 23 POTW for fuel, electricity or heating applications is less than or equal to the POTW’s 24 production capacity of renewable gas generated from organic waste received at the 25 POTW directly from solid waste facilities as determined using the relevant conversion 26 factors in Subdivision (g). 27 (5) The POTW transported less than 25 percent of the biosolids it produced to 28 activities that constitute landfill disposal. 29 (i) Electricity procured from a biomass conversion facility may only count toward a 30 jurisdiction’s recovered organic waste product procurement target if the biomass 31 conversion facility receives feedstock directly from one or more of the following during 32 the duration of the applicable procurement compliance year: 33 (1) A compostable material handling operation or facility as defined in Section 34 17852(a)(12), other than a chipping and grinding operation or facility as defined in 35 Section 17852(a)(10), that is permitted or authorized under this division; or 36 (2) A transfer/processing facility or transfer/processing operation as defined in 37 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 38 this division; or 39 (3) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is 40 permitted under Division 2 of Title 27 of the California Code of Regulations. 41 (j) If a jurisdiction’s annual recovered organic waste product procurement target 42 exceeds the jurisdiction’s total procurement of transportation fuel, electricity, and gas for 43 heating applications from the previous calendar year as determined by the conversion 44 factors in Subdivision (g), the target shall be adjusted to an amount equal to its total 45 2022/06/14 City Council Post Agenda Page 121 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 95 of 127 November 2020 procurement of those products as converted to their recovered organic waste product 1 equivalent from the previous year consistent with Subdivision (g). 2 (k) A jurisdiction shall identify additional procurement opportunities within the 3 jurisdiction’s departments and divisions for expanding the use of recovered organic 4 waste products. 5 (l) Rural counties, and jurisdictions located within rural counties that are exempt from 6 the organic waste collection requirements pursuant to Section 18984.12(c), are not 7 required to comply with the procurement requirements in this Section from January 1, 8 2022-December 31, 2026. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Sections 39730.6 and 39730.8. 12 Section 18993.2. Recordkeeping Requirements For Recovered Organic Waste 13 Procurement Target. 14 (a) A jurisdiction, as defined in 18993.1(a), shall include all documents supporting its 15 compliance with this article in the implementation record required by Section 18995.2 of 16 this chapter including, but not limited to, the following: 17 (1) A description of how the jurisdiction will comply with the requirements of this 18 article. 19 (2) The name, physical location, and contact information of each entity, operation, or 20 facility from whom the recovered organic waste products were procured, and a 21 general description of how the product was used, and if applicable, where the 22 product was applied. 23 (3) All invoices or similar records evidencing all procurement. 24 (4) If a jurisdiction will include procurement of recovered organic waste products 25 made by a direct service provider to comply with the procurement requirements of 26 Section 18993.1(a), the jurisdiction shall include all records of procurement of 27 recovered organic waste products made by the direct service provider on behalf of 28 the jurisdiction including invoices or similar records evidencing procurement. 29 (5) If a jurisdiction will include renewable gas procured from a POTW for any of the 30 uses identified in 18993.1(f)(2) to comply with the procurement mandate of Section 31 18993.1(a), a written certification by an authorized representative of the POTW , 32 under penalty of perjury in a form and manner determined by the jurisdiction, 33 attesting to the following for the applicable procurement compliance year: 34 (A) That the POTW was in compliance with the exclusion in Section 17896.6(a)(1); 35 (B) The total tons of organic waste received from the types of solid waste facilities 36 listed in Section 18993.1(h)(1); and 37 (C) The percentage of biosolids that the POTW produced and transported to 38 activities that constitute landfill disposal. 39 (6) If a jurisdiction will include electricity procured from a biomass conversion facility 40 to comply with the procurement mandate of Section 18993.1(a), a written certification 41 by an authorized representative of the biomass conversion facility certifying that 42 biomass feedstock was received from a permitted solid waste facility identified in 43 2022/06/14 City Council Post Agenda Page 122 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 96 of 127 November 2020 18993.1(i) shall be provided to the jurisdiction. The certification shall be furnished 1 under penalty of perjury in a form and manner determined by the jurisdiction. 2 (7) If the jurisdiction is implementing the procurement requirements of Section 3 18993.1 through an adjusted recovered organic waste product procurement target 4 pursuant to Section 18993.1(j), the jurisdiction shall include records evidencing the 5 total amount of transportation fuel, electricity, and gas for heating applications 6 procured during the calendar year prior to the applicable reporting period. 7 (8) For jurisdictions complying with the requirements of Section 18993.1, through the 8 procurement of mulch, a copy of the ordinance or similarly enforceable mechanism 9 the jurisdiction has adopted requiring that mulch procured by the jurisdiction or a 10 direct service provider meets the land application standards specified in Section 11 18993.1. 12 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 13 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 14 Section 39730.6. 15 Section 18993.3. Recycled Content Paper Procurement Requirements. 16 (a) A jurisdiction shall procure paper products, and printing and writing paper, consistent 17 with the requirements of Sections 22150-22154 of the Public Contract Code. 18 (b) In addition to meeting the requirements of Subdivision (a), paper products and 19 printing and writing paper shall be eligible to be labeled with an unqualified recyclable 20 label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 as published 21 January 1, 2013, which is hereby incorporated by reference. 22 (c) A jurisdiction shall require all businesses from whom it purchases paper products 23 and printing and writing paper to certify in writing: 24 (1) The minimum percentage, if not the exact percentage, of postconsumer material 25 in the paper products and printing and writing paper offered or sold to the jurisdiction. 26 The certification shall be furnished under penalty of perjury in a form and manner 27 determined by the jurisdiction. A jurisdiction may waive the certification requirement if 28 the percentage of postconsumer material in the paper products, printing and writing 29 paper, or both can be verified by a product label, catalog, invoice, or a manufacturer 30 or vendor Internet website. 31 (2) That the paper products and printing and writing paper offered or sold to the 32 jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 33 16 CFR Section 260.12 as published January 1, 2013, which is hereby incorporated 34 by reference. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 36 and Health and Safety Code Section 39730.6. 37 Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 38 39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154. 39 2022/06/14 City Council Post Agenda Page 123 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 97 of 127 November 2020 Section 18993.4. Recordkeeping Requirements for Recycled Content Paper 1 Procurement. 2 (a) A jurisdiction shall include all documents supporting its compliance with this article in 3 the implementation record required by Section 18995.2 of this chapter including, but not 4 limited to, the following: 5 (1) Copies of invoices, receipts or other proof of purchase that describe the 6 procurement of paper products by volume and type for all paper purchases. 7 (2) Copies of all certifications or other verification required under Section 18993.3. 8 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 9 Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 10 39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154. 11 Article 13. Reporting 12 Section 18994.1. Initial Jurisdiction Compliance Report. 13 (a) Each jurisdiction shall report to the Department on its implementation and 14 compliance with the requirements of this chapter. Each jurisdiction shall report to the 15 Department by April 1, 2022 the following information: 16 (1) A copy of ordinances or other enforceable mechanisms adopted pursuant to this 17 chapter. 18 (2) The reporting items identified in Section 18994.2(b). 19 (3) The following contact information: 20 (A) The name, mailing address, phone number, and email address of the 21 employee of the jurisdiction that the jurisdiction has designated as the primary 22 contact person for the purposes of receiving communications regarding 23 compliance with this chapter. 24 (B) The name and address of the agent designated by the jurisdiction for the 25 receipt of service of process from the Department for the purposes of enforcement 26 of this chapter if different from (A) above. 27 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 28 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 29 Section 39730.6. 30 Section 18994.2. Jurisdiction Annual Reporting. 31 (a) A jurisdiction shall report the information required in this section to the Department 32 according to the following schedule: 33 (1) On or before October 1, 2022, a jurisdiction shall report for the period of January 34 1, 2022 through June 30, 2022. 35 (2) On or before August 1, 2023, and on or before August 1 each year thereafter, a 36 jurisdiction shall report for the period covering the entire previous calendar year. 37 (b) Each jurisdiction shall report the following, relative to its implementation of the 38 organic waste collection requirements of Article 3 of this chapter: 39 (1) The type of organic waste collection service(s) provided by the jurisdiction to its 40 generators. 41 2022/06/14 City Council Post Agenda Page 124 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 98 of 127 November 2020 (2) The total number of generators that receive each type of organic waste collection 1 service provided by the jurisdiction. 2 (3) If the jurisdiction is implementing an organic waste collection service that requires 3 transport of the contents of containers to a high diversion organic waste processing 4 facility, the jurisdiction shall identify the Recycling and Disposal Reporting System 5 number of each facility that receives organic waste from the jurisdiction. 6 (4) If the jurisdiction allows placement of compostable plastics in containers pursuant 7 to Section 18984.1 or 18984.2, the jurisdiction shall identify each facility that has 8 notified the jurisdiction that it accepts and recovers that material. 9 (5) If the jurisdiction allows organic waste to be collected in plastic bags and placed in 10 containers pursuant to Section 18984.1 or 18984.2 the jurisdiction shall identify each 11 facility that has notified the jurisdiction that it can accept and remove plastic bags 12 when it recovers source separated organic waste. 13 (c) Each jurisdiction shall report the following, relative to its implementation of the 14 contamination monitoring requirements of Article 3 of this chapter: 15 (1) The number of route reviews conducted for prohibited container contaminants. 16 (2) The number of times notices, violations, or targeted education materials were 17 issued to generators for prohibited container contaminants. 18 (3) The results of waste evaluations performed to meet the container contamination 19 minimization requirements and the number of resulting targeted route reviews. 20 (d) Each jurisdiction shall report the following relative to its implementation of waivers 21 pursuant to Article 3 of this chapter: 22 (1) The number of days an emergency circumstances waiver as allowed in Section 23 18984.13 was in effect and the type of waiver issued. 24 (2) The tons of organic waste that were disposed as a result of waivers identified in 25 Subsection (1), except disaster and emergency waivers granted in Section 26 18984.13(b). 27 (3) The number of generators issued a de-minimis waiver. 28 (4) The number of generators issued a physical space waiver. 29 (5) A jurisdiction that receives a waiver from the Department pursuant to Section 30 18984.12 of Article 3 of this chapter shall report the following information for each 31 year the waiver is in effect: 32 (A) The number of generators waived from the requirement to subscribe to an 33 organic waste collection service. 34 (e) A jurisdiction shall report the following regarding its implementation of education and 35 outreach required in Article 4 of this chapter: 36 (1) The number of organic waste generators and edible food generators that received 37 information and the type of education and outreach used. 38 (f) A jurisdiction shall report the following regarding its implementation of the hauler 39 oversight requirements of Article 7 of this chapter: 40 (1) The number of haulers approved to collect organic waste in the jurisdiction. 41 (2) The Recycling and Disposal Reporting System number of each facility that is 42 receiving organic waste from haulers approved by the jurisdiction. 43 (3) The number of haulers that have had their approval revoked or denied. 44 2022/06/14 City Council Post Agenda Page 125 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 99 of 127 November 2020 (g) A jurisdiction subject to article 8 shall report the following regarding its 1 implementation of the CALGreen Building Standards and Model Water Efficient 2 Landscape Ordinance as required in Article 8 of this chapter: 3 (1) The number of construction and demolition debris removal activities conducted in 4 compliance with Section 18989.1. 5 (2) The number of projects subject to Section 18989.2. 6 (h) A jurisdiction shall report the following regarding its implementation of the edible 7 food recovery requirements of Article 10 of this chapter: 8 (1) The number of commercial edible food generators located within the jurisdiction. 9 (2) The number of food recovery services and organizations located and operating 10 within the jurisdiction that contract with or have written agreements with commercial 11 edible food generators for food recovery. 12 (A) A jurisdiction shall require food recovery organizations and services that are 13 located within the jurisdiction and contract with or have written agreements with 14 commercial edible food generators pursuant to Section 18991.3 (b) to report the 15 amount of edible food in pounds recovered by the service or organization in the 16 previous calendar year to the jurisdiction. 17 (3) The jurisdiction shall report on the total pounds of edible food recovered by food 18 recovery organizations and services pursuant to Subdivision (h)(2)(A). 19 (i) A jurisdiction shall report the following regarding its implementation of the organic 20 waste recycling capacity planning and edible food recovery capacity planning 21 requirements of Article 11 of this chapter: 22 (1) A county shall report: 23 (A) The tons estimated to be generated for landfill disposal. 24 (B) The amount of capacity verifiably available to the county and cities within the 25 county. 26 (C) The amount of new capacity needed. 27 (D) The locations identified for new or expanded facilities. 28 (E) The jurisdictions that are required to submit implementation schedules. 29 (F) The jurisdictions that did not provide information required by Article 11 of this 30 chapter to the county within 120 days. 31 (2) Notwithstanding Subdivision (a), the information required by this subdivision shall 32 be reported on the schedule specified in Section 18992.3. 33 (j) A jurisdiction, as defined in Sections 18993.1, shall report the following regarding its 34 implementation of the procurement requirements of Article 12 of this chapter: 35 (1) The amount of each recovered organic waste product procured directly by the 36 city, county, or through direct service providers, or both during the prior calendar 37 year. 38 (2) If the jurisdiction is implementing the procurement requirements of Section 39 18993.1 through an adjusted recovered organic waste product procurement target 40 pursuant to Section 18993.1(j), the jurisdiction shall include in its report the total 41 amount of transportation fuel, electricity, and gas for heating applications procured 42 during the calendar year prior to the applicable reporting period. 43 (k) A jurisdiction shall report the following regarding its implementation of the 44 compliance, monitoring, and enforcement requirements specified in Articles 14-16 of 45 this chapter: 46 2022/06/14 City Council Post Agenda Page 126 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 100 of 127 November 2020 (1) The number of commercial businesses that were included in a compliance review 1 performed by the jurisdiction pursuant to Section 18995.1(a)(1). As well as the 2 number of violations found and corrected through compliance reviews if different from 3 the amount reported in Subdivision (k)(5). 4 (2) The number of route reviews conducted. 5 (3) The number of inspections conducted by type for commercial edible food 6 generators, food recovery organizations, and commercial businesses. 7 (4) The number of complaints pursuant to Section 18995.3 that were received and 8 investigated, and the number of Notices of Violation issued based on investigation of 9 those complaints. 10 (5) The number of Notices of Violation issued, categorized by type of entity subject to 11 this chapter. 12 (6) The number of penalty orders issued, categorized by type of entity subject to this 13 chapter. 14 (7) The number of enforcement actions that were resolved, categorized by type of 15 regulated entity. 16 (l) A jurisdiction shall report any changes to the information described in Sections 17 18994.1(a)(1) and 18994.1(a)(3). 18 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 19 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 20 Section 39730.6. 21 Article 14 Enforcement Requirements 22 Section 18995.1. Jurisdiction Inspection Requirements. 23 (a) On or before January 1, 2022, a jurisdiction shall have an inspection and 24 enforcement program that is designed to ensure overall compliance with this chapter 25 and that, at a minimum, includes the following requirements: 26 (1) Beginning January 1, 2022, and at least annually thereafter, a jurisdiction shall 27 conduct the following: 28 (A) If the jurisdiction is using the compliance method described in Section 18984.1 29 or 18984.2 of this division, the jurisdiction shall complete a compliance review of 30 all solid waste collection accounts for commercial businesses that are subject to its 31 authority and that generate two cubic yards or more per week of solid waste, 32 including organic waste. 33 1. The jurisdiction shall also determine compliance with: 34 i. Organic waste generator requirements set forth in Section 18984.9(a). 35 ii. Self-haul requirements set forth in Section 18988.3, including whether a 36 business is complying through back-hauling organic waste. 37 2. Beginning April 1, 2022, the jurisdiction shall either: 38 i. Conduct annual route reviews of commercial businesses and residential 39 generators for compliance with organic waste generator requirements set 40 forth in Section 18984.9(a) and container contamination requirements set 41 forth in Section 18984.5; or 42 2022/06/14 City Council Post Agenda Page 127 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 101 of 127 November 2020 ii. Perform waste evaluations consistent with Section 18984.5(c) to verify 1 commercial businesses and residential generators compliance with organic 2 waste generator requirements set forth in Section 18984.9(a). 3 (B) If a jurisdiction is using the compliance method described in Section 18984.3, 4 the jurisdiction shall conduct a compliance review of all solid waste collection 5 accounts for commercial businesses that are subject to its authority and generate 6 two cubic yards or more per week of solid waste, including organic waste. 7 1. The jurisdiction shall also determine compliance with: 8 i. Organic waste generator requirements set forth in Section 18984.9(a) and 9 document if the business is transporting the contents to a high diversion 10 organic waste processing facility; or 11 ii. Self-hauling requirements pursuant to Section 18988.3, including whether 12 a business is complying through back-hauling organic waste. 13 (2) Beginning January 1, 2022, conduct inspections of Tier One commercial edible 14 food generators and food recovery organizations and services for compliance with 15 this chapter. Beginning January 1, 2024, conduct inspections of Tier Two commercial 16 edible food generators for compliance with Article 10 of this chapter. 17 (3) Beginning January 1, 2022, investigate complaints as required under Section 18 18995.3. 19 (4) Beginning January 1, 2022 and until December 31, 2023, a jurisdiction shall 20 provide educational material describing the applicable requirements of this chapter in 21 response to violations. 22 (5) Beginning January 1, 2024, a jurisdiction shall enforce this chapter pursuant to 23 Sections 18995.4 and 18997.2 in response to violations. 24 (6) At least every five years from the date of issuance, verify through inspection that 25 commercial businesses are meeting de minimis and physical space waivers for 26 compliance consistent with the requirements of Section 18984.11. 27 (b) A jurisdiction shall conduct a sufficient number of route reviews and inspections of 28 entities described in this section to adequately determine overall compliance with this 29 chapter. A jurisdiction may prioritize inspections of entities that it determines are more 30 likely to be out of compliance. 31 (c) A jurisdiction shall generate a written or electronic record for each inspection, route 32 review, and compliance review conducted pursuant to this chapter. Each record shall 33 include, at a minimum, the following information: 34 (1) Identifying information for the subject or subjects of the inspection, route review or 35 compliance review, such as, but not limited to: 36 (A) The name or account name of each person or entity. 37 (B) A description of the hauler route and addresses covered by a route review. 38 (C) A list of accounts reviewed for each compliance review. 39 (2) The date or dates the inspection, route review, or compliance review was 40 conducted. 41 (3) The person or persons who conducted the action. 42 (4) The jurisdiction’s findings regarding compliance with this chapter, including any 43 Notices of Violation or educational materials that were issued. 44 (5) Any relevant evidence supporting the findings in Subsection (4) above, such as, 45 but not limited to, photographs and account records. 46 2022/06/14 City Council Post Agenda Page 128 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 102 of 127 November 2020 (6) Route review records shall also include a description of the locations of the route 1 review(s) and the addresses where prohibited container contaminants are found, if 2 any. 3 (d) Documentation of route reviews, compliance reviews, and inspections, as well as all 4 other records of enforcement conducted pursuant to this chapter shall be maintained in 5 the Implementation Record required by Section 18995.2 of this chapter, and shall 6 include, but not be limited to: 7 (1) Copies of all documentation of route reviews, compliance reviews, and 8 inspections. 9 (2) Copies of all enforcement actions required by Section 18995.4 of this chapter, 10 including Notices of Violation and penalty orders. 11 (3) A list of the date(s) that the jurisdiction determined an entity complied with a 12 Notice of Violation and the evidence that supports that compliance determination. 13 (4) Copies of notices and educational material provided as required by this section. 14 (e) Consistent with Section 18981.2, a jurisdiction may have a designee conduct 15 inspections required by this section. 16 (f) Any records obtained by a jurisdiction through its implementation and enforcement of 17 the requirements of this chapter shall be subject to the requirements and applicable 18 disclosure exemptions of the Public Records Act as set forth in Government Code 19 Section 6250 et seq. 20 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 21 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 22 Section 39730.6. 23 Section 18995.2. Implementation Record and Recordkeeping Requirements. 24 (a) A jurisdiction shall maintain all records required by this chapter in the 25 Implementation Record. 26 (b) The Implementation Record shall be stored in one central location, physical or 27 electronic, that can be readily accessed by the Department. 28 (c) Upon request by the Department, the jurisdiction shall provide access to the 29 Implementation Record within ten business days. 30 (d) All records and information shall be included in the Implementation Record within 60 31 days of the creation of the record or information. 32 (e) All records shall be retained by the jurisdiction for five years. 33 (f) At a minimum, the following shall be included in the Implementation Record: 34 (1) A copy of all ordinances or other similarly enforceable mechanisms, contracts, 35 and agreements, as required by this chapter. 36 (2) A written description of the jurisdiction's inspection and enforcement program that 37 it uses to comply with Sections 18995.1 and 18995.4. 38 (3) All organic waste collection service records required by Section 18984.4. 39 (4) All contamination minimization records required by Section 18984.6. 40 (5) All waiver and exemption records required by Section 18984.14. 41 (6) All education and outreach records required by Section 18985.3. 42 (7) All hauler program records required by Section 18988.4. 43 (8) All jurisdiction edible food recovery program records required by Section 18991.2. 44 2022/06/14 City Council Post Agenda Page 129 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 103 of 127 November 2020 (9) All recovered organic waste procurement target records required by Section 1 18993.2. 2 (10) All recycled content paper procurement records required by Section 18993.4. 3 (11) All inspection, route review, and compliance review documents generated 4 pursuant to the requirements of Section 18995.1(d). 5 (12) All records of enforcement actions undertaken pursuant to this chapter. 6 (13) All records of complaints and investigations of complaints required by Section 7 18995.3 and compliance with the jurisdiction’s inspection and enforcement 8 requirements of Sections 18995.1. 9 (14) All records required by Section 18998.4 if the jurisdiction is implementing a 10 performance-based source separated organic waste collection service under Article 11 17 of this chapter. 12 (g) All records maintained in the Implementation Record shall be subject to the 13 requirements and applicable disclosure exemptions of the Public Records Act as set 14 forth in Government Code Section 6250 et seq. 15 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 16 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 17 Section 39730.6. 18 Section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations. 19 (a) A jurisdiction shall provide a procedure for the receipt and investigation of written 20 complaints of alleged violations of this chapter. The jurisdiction shall allow for the 21 submission of anonymous complaints. 22 (b) The procedure shall provide that complaints be in writing and include the following 23 information: 24 (1) If the complaint is not anonymous, the name and contact information of the 25 complainant. 26 (2) The identity of the alleged violator, if known. 27 (3) A description of the alleged violation including location(s) and all other relevant 28 facts known to the complainant. 29 (4) Any relevant photographic or documentary evidence to support the allegations in 30 the complaint. 31 (5) The identity of any witnesses, if known. 32 (c) A jurisdiction shall commence an investigation within 90 days of receiving a 33 complaint that meets the requirements of Subdivision (b) if the jurisdiction determines 34 that the allegations, if true, would constitute a violation of this chapter. The jurisdiction 35 may decline to investigate a complaint if, in its judgment, investigation is unwarranted 36 because the allegations are contrary to facts known to the jurisdiction. 37 (d)The jurisdiction shall provide a procedure to notify a complainant of the results of 38 their complaint if the identity and contact information of the complainant are known. 39 (e) The jurisdiction shall maintain records of all complaints and responses pursuant to 40 this section in the Implementation Record set forth in Section 18995.2. The records 41 shall include the complaint as received and the jurisdiction’s determination of 42 compliance or notice of violations issued. 43 2022/06/14 City Council Post Agenda Page 130 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 104 of 127 November 2020 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2 Section 39730.6. 3 Section 18995.4. Enforcement by a Jurisdiction. 4 (a) With the exception of violations of the prohibited container contaminants provisions 5 in Section 18984.5(a), which a jurisdiction shall enforce through the notice provisions of 6 Section 18984.5(b), for violations of this chapter occurring on or after January 1, 2024, 7 the jurisdiction shall take enforcement action as set forth in this section. 8 (1) The jurisdiction shall issue a Notice of Violation requiring compliance within 60 9 days of the issuance of that notice. 10 (2) Absent compliance by the respondent within the deadline set forth in the Notice 11 of Violation, the jurisdiction shall commence an action to impose penalties pursuant 12 to Article 16 of this chapter. 13 (b) The jurisdiction may extend the compliance deadlines set forth in a Notice of 14 Violation issued pursuant to Subdivision (a) if it finds that extenuating circumstances 15 beyond the control of the respondent make compliance within the deadlines 16 impracticable. For purposes of this section, extenuating circumstances are: 17 (1) Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or 18 natural disasters; 19 (2) Delays in obtaining discretionary permits or other government agency approvals; 20 and 21 (3) Deficiencies in organic waste recycling capacity infrastructure or edible food 22 recovery capacity, and the relevant jurisdiction is under a Corrective Action Plan 23 pursuant to Section 18996.2 due to those deficiencies. 24 (c) A Notice of Violation shall include the following information: 25 (1) The name(s), or account name(s) if different, of each person or entity to whom it 26 is directed. 27 (2) A factual description of the violations of this chapter, including the regulatory 28 section(s) being violated. 29 (3) A compliance date by which the operator is to take specified action(s). 30 (4) The penalty for not complying within the specified compliance date. 31 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 32 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 33 Section 39730.6. 34 Article 15. Enforcement Oversight by the Department 35 Section 18996.1. Department Evaluation of Jurisdiction Compliance. 36 (a) The Department shall evaluate a jurisdiction’s compliance with this chapter as set 37 forth in this article. 38 (b) In conducting a compliance evaluation, the Department shall review the jurisdiction’s 39 Implementation Record and may conduct inspections, compliance reviews, and route 40 reviews. 41 2022/06/14 City Council Post Agenda Page 131 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 105 of 127 November 2020 (c) The Department shall notify the jurisdiction prior to conducting a compliance 1 evaluation. 2 (d) The Department shall provide its findings to the jurisdiction in writing. 3 (e) If the Department determines at any time that an ordinance adopted by a jurisdiction 4 is inconsistent with or does not meet the requirements set forth in this chapter, the 5 Department shall notify the jurisdiction and provide an explanation of the deficiencies. 6 The jurisdiction shall have 180 days from that notice to correct the deficiencies. If the 7 jurisdiction does not, the Department shall commence enforcement actions as set forth 8 in Section 18996.2. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12 Section 18996.2. Department Enforcement Action Over Jurisdictions. 13 (a) The Department shall enforce this chapter according to the following procedures: 14 (1) Issue a Notice of Violation requiring compliance within 90 days of the date of 15 issuance of that notice. The Department shall grant an extension for up to a total of 16 180 days from the date of issuance of the Notice of Violation if it finds that additional 17 time is necessary for the jurisdiction to comply. 18 (2) The Department shall extend the deadline for a jurisdiction to comply beyond the 19 maximum compliance deadline allowed in Subdivision (a)(1) by issuing a Corrective 20 Action Plan setting forth the actions a jurisdiction shall take to correct the violation(s). 21 A Corrective Action Plan shall be issued if the Department finds that additional time is 22 necessary for the jurisdiction to comply and the jurisdiction has made a substantial 23 effort to meet the maximum compliance deadline but extenuating circumstances 24 beyond the control of the jurisdiction make compliance impracticable. The 25 Department shall base its finding on available evidence, including relevant evidence 26 provided by the jurisdiction. 27 (A) If a jurisdiction is unable to comply with the maximum compliance deadline 28 allowed in Subdivision (a)(1) due to deficiencies in organic waste recycling 29 capacity infrastructure, the Department shall issue a Corrective Action Plan for 30 such violations upon making a finding that: 31 1. Additional time is necessary for the jurisdiction to comply; and 32 2. The jurisdiction has provided organic waste collection service to all hauler 33 routes where it is practicable and the inability to comply with the maximum 34 compliance deadline in Subdivision (a)(1) is limited to only those hauler routes 35 where organic waste recycling capacity infrastructure deficiencies have caused 36 the provision of organic waste collection service to be impracticable. 37 3. The Department shall, if applicable, consider implementation schedules, as 38 described in Section 18992.1, for purposes of developing a Corrective Action 39 Plan but shall not be restricted in mandating actions to remedy violation(s) and 40 developing applicable compliance deadline(s) to those provided in the 41 Implementation Schedule. 42 (B) For the purposes of this section, “substantial effort” means that a jurisdiction 43 has taken all practicable actions to comply. Substantial effort does not include 44 2022/06/14 City Council Post Agenda Page 132 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 106 of 127 November 2020 circumstances where a decision-making body of a jurisdiction has not taken the 1 necessary steps to comply with the chapter including, but not limited to, a failure to 2 provide adequate staff resources to meet its obligations under this chapter, a 3 failure to provide sufficient funding to ensure compliance, or failure to adopt the 4 ordinance(s) or similarly enforceable mechanisms under Section 18981.2. 5 (C) For the purposes of this section, “extenuating circumstances” are: 6 1. Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 7 emergencies or natural disasters. 8 2. Delays in obtaining discretionary permits or other government agency 9 approvals. 10 3. An organic waste recycling infrastructure capacity deficiency requiring more 11 than 180 days to cure. 12 (3) A Corrective Action Plan shall be issued by the Department with a maximum 13 compliance deadline no more than 24 months from the date of the original Notice of 14 Violation and shall include a description of each action the jurisdiction shall take to 15 remedy the violation(s) and the applicable compliance deadline(s) for each action. 16 The Corrective Action Plan shall describe the penalties that may be imposed if a 17 jurisdiction fails to comply. 18 (A) An initial Corrective Action Plan issued due to inadequate organic waste 19 recycling infrastructure capacity may be extended for a period of up to 12 months 20 if the department finds that the jurisdiction has demonstrated substantial effort. 21 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6. 24 Section 18996.3. Department Enforcement When Jurisdiction Fails to Enforce. 25 The Department shall take direct enforcement action against an entity subject to a 26 jurisdiction’s enforcement authority under this chapter consistent with the following 27 requirements: 28 (a) If the jurisdiction fails to comply by the deadline in a Notice of Violation, or extension 29 thereto, issued under Section 18996.2(a)(1) for failure to take enforcement action as 30 required by this chapter, the Department shall take direct enforcement action against 31 that entity pursuant to Section 18996.9 upon the Department’s compliance with 32 Subdivision (b). 33 (b) Prior to initiating enforcement action under Section 18996.9 against the entity, the 34 Department shall notify the jurisdiction in writing of its intent to do so and shall include a 35 general description of the grounds for the Department’s action. 36 (c) Nothing in this section shall be construed as a limitation on the Department taking 37 enforcement action against the jurisdiction for a failure to comply with the requirements 38 of this chapter. 39 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 40 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 41 Section 39730.6. 42 2022/06/14 City Council Post Agenda Page 133 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 107 of 127 November 2020 Section 18996.4. Access for Inspection by the Department. 1 (a) Upon presentation of proper credentials, an authorized Department employee or 2 agent shall be allowed to enter the premises of any entity subject to this chapter during 3 normal working hours to conduct inspections and investigations in order to examine 4 organic waste recovery activities, edible food recovery activities, and records in order to 5 determine compliance with this chapter. Methods may include, but are not limited to, 6 allowing the review or copying or both, of any paper, electronic, or other records 7 required by this chapter. 8 (1) This subdivision is not intended to permit an employee or agent of the Department 9 to enter a residential property. 10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6. 13 Section 18996.5. Enforcement Actions Against Organic Waste Generators 14 Located In Multiple Jurisdictions. 15 (a) In matters of substantial statewide concern, where multiple jurisdictions determine 16 that Department enforcement may be more effective at achieving the intent of this 17 chapter than separate enforcement by each jurisdiction, multiple jurisdictions may, 18 together, file a joint enforcement referral under this section. 19 (b) The joint referral may request that the Department take enforcement action in lieu of 20 those jurisdictions against an organic waste generator or generators, including a 21 commercial edible food generator or generators, with locations, at minimum, in each of 22 those jurisdictions. 23 (c) The joint referral shall be filed with the director of CalRecycle and shall include: 24 (1) A statement of facts that includes a description of the following: 25 (A) The relevant locations of the organic waste generator or generators at issue; 26 (B) The alleged violations of this chapter, the locations of those violations, and the 27 relevant regulatory sections; and 28 (C) All evidence known to the jurisdictions that supports the allegations in the 29 statement of facts. 30 (2) An analysis of the following issues: 31 (A) Why the relevant enforcement matter is of substantial statewide concern; and 32 (B) The basis of the finding by the jurisdictions that Department enforcement 33 against the relevant organic waste generator or generators will be more effective 34 at achieving the intent of this chapter than separate enforcement by each 35 jurisdiction. 36 (3) A signature from the person in each jurisdiction responsible for compliance with 37 this chapter, as currently reported to the Department in Article 13, certifying that the 38 allegations contained in the referral are true and correct to the best of their 39 knowledge. 40 (d) The Department shall take enforcement action in lieu of the jurisdictions pursuant to 41 this section and Section 18996.9 upon a finding that: 42 (1) The referral meets the requirements of this section and includes credible evidence 43 supporting all of the factual allegations therein; 44 2022/06/14 City Council Post Agenda Page 134 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 108 of 127 November 2020 (2) The relevant enforcement matter described in the joint referral is of substantial 1 regional or statewide concern; and 2 (3) Department enforcement action against the relevant organic waste generator will 3 be more effective at achieving the goals of this chapter than separate enforcement by 4 each jurisdiction. 5 (e) The Department shall respond, in writing, to the joint referral with a determination as 6 to whether it will take enforcement action against the relevant generator in lieu of the 7 jurisdictions. 8 (1) If the Department agrees to take enforcement action pursuant to a joint referral, 9 the Department shall issue a written order to the relevant jurisdictions mandating 10 suspension of their individual enforcement actions against the relevant organic waste 11 generator or generators. 12 (2) If the Department fails to respond to a joint referral within 90 days of receipt, the 13 joint referral shall be deemed denied. 14 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 15 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 16 Section 39730.6. 17 Section 18996.6. Department Enforcement Action Regarding State Agencies. 18 (a) If the Department finds that a state agency is violating Article 5 or Article 10 of this 19 chapter, then the Department shall take the following actions: 20 (1) Issue a Notice of Violation requiring compliance within 90 days of the date of 21 issuance of that notice. The Department shall grant an additional extension up to 180 22 days fro m the date of issuance of the Notice of Violation if it finds that additional time 23 is necessary for the state agency to comply. The Department shall base its finding on 24 available evidence, including relevant evidence provided by the state agency. 25 (2) If a state agency fails to comply by the final deadline in a Notice of Violation, the 26 Department shall take the following actions: 27 (A) List the state agency on the Organic Waste Recovery Noncompliance 28 Inventory on the Department’s website until such time as the Department finds that 29 the state agency is no longer in violation. 30 (B) Notify the Governor. 31 (C) Notify the Legislature. 32 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 33 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 34 Section 39730.6. 35 Section 18996.7. Department Enforcement Action Regarding Local Education 36 Agencies and Federal Facilities. 37 (a) If the Department finds that a local education agency or federal facility is violating 38 this chapter, the Department shall issue a Notice of Violation requiring compliance 39 within 90 days. The Department shall grant an additional extension up to 180 days from 40 the date of issuance of the Notice of Violation if it finds that additional time is necessary 41 for the local education agency or federal facility to comply. The Department shall base 42 2022/06/14 City Council Post Agenda Page 135 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 109 of 127 November 2020 its finding on available evidence, including relevant evidence provided by the local 1 education agency or federal facility. If the local education agency or federal facility fails 2 to comply with the final deadline in a Notice of Violation, the Department shall list the 3 local education agency or federal facility on the Organic Waste Recovery 4 Noncompliance Inventory on its website until such time as the Department determines 5 that the local education agency or federal facility is no longer in violation. 6 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 8 Section 39730.6. 9 Section 18996.8. Department Investigation of Complaints of Alleged Violations. 10 (a) The Department shall receive and investigate written complaints of alleged violations 11 of this chapter according to the requirements of this section. 12 (b) Complaints may be submitted anonymously, shall be submitted in writing, and shall 13 include the following information. 14 (1) If the complaint is not anonymous, the name and contact information of the 15 complainant. 16 (2) The identity of the alleged violator, if known. 17 (3) A description of the alleged violation including location(s) and all other relevant 18 facts known to the complainant. 19 (4) Any relevant photographic or documentary evidence to support the allegations in 20 the complaint. 21 (5) The identity of any witnesses, if known. 22 (c) The Department shall commence an investigation within 90 days of receiving a 23 complaint that meets the requirements of Subdivision (b) if the Department determines 24 the allegations, if true, would constitute a violation of this chapter subject to the 25 enforcement authority of the Department. The Department may decline to investigate a 26 complaint if, in its judgment, investigation is unwarranted because the allegations are 27 contrary to facts known to the Department. The Department shall notify the complainant 28 of the results of the investigation if the identity and contact information of the 29 complainant are known. 30 (d) If the Department receives a complaint about a violation within the enforcement 31 authority of a jurisdiction, it shall refer the complaint to the jurisdiction for investigation 32 under Section 18995.3. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5and Health and Safety Code 35 Section 39730.6. 36 Section 18996.9. Department Enforcement Actions Against Entities. 37 (a) The Department shall take enforcement action against the following entities pursuant 38 to the requirements of this section when a jurisdiction has failed to enforce this chapter 39 as determined under Section 18996.3, or lacks the authority to enforce this chapter: 40 (1) Organic waste generators, commercial edible food generators, haulers, and food 41 recovery organizations and services; and 42 2022/06/14 City Council Post Agenda Page 136 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 110 of 127 November 2020 (2) A non-local entity that is not subject to Section 18996.6 or 18996.7. 1 (b) Violations of this chapter that are subject to this section shall be enforced as follows: 2 (1) For a first violation: 3 (A) The Department shall issue a Notice of Violation requiring compliance within 4 60 days of the issuance of that notice. 5 (B) If the violation continues after the compliance deadline in the Notice of 6 Violation, the Department shall issue a Notice and Order to Correct requiring 7 compliance within 30 days of issuance of that Notice and Order. The Notice and 8 Order to Correct shall inform the respondent that the Department shall impose 9 penalties upon failure to comply by the deadline in that Notice and Order. 10 (C) If the violation continues after the compliance deadline in the Notice and Order 11 to Correct, the Department shall commence action to impose penalties pursuant to 12 Section 18997.5. 13 (2) For a second or subsequent violation occurring within 5 years of a first violation: 14 (A) The Department shall issue a Notice and Order to Correct requiring 15 compliance within 30 days of the issuance of that Notice and Order. The Notice 16 and Order to Correct shall inform the respondent that the Department may impose 17 penalties upon failure to comply by the deadline in that Notice and Order. 18 (B) If the violation continues after the compliance deadline in the Notice and Order 19 to Correct, the Department shall commence action to impose penalties pursuant to 20 Section 18997.5. 21 (c) The Department shall extend the deadlines set forth in Subdivision (b) if it makes 22 the following findings based on available evidence, including relevant evidence provided 23 by the respondent: 24 (1) Additional time is necessary to comply. 25 (2) Extenuating circumstances beyond the control of the respondent make 26 compliance impracticable. For the purposes of this section, “extenuating 27 circumstances” are: 28 (A) Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 29 emergencies or natural disasters. 30 (B) Delays in obtaining discretionary permits or other government agency 31 approvals. 32 (C) An organic waste recycling infrastructure capacity deficiency and the 33 jurisdiction within which the respondent is located is subject to a Corrective Action 34 Plan pursuant to Section 18996.2 due to such deficiencies. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37 Section 39730.6. 38 Article 16. Administrative Civil Penalties 39 Section 18997.1. Scope. 40 (a) Administrative civil penalties for violations of this chapter shall be imposed 41 consistent with the requirements of this Article as authorized by Public Resources Code 42 Section 42652.5. 43 2022/06/14 City Council Post Agenda Page 137 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 111 of 127 November 2020 (b) A jurisdiction shall adopt ordinance(s) or enforceable mechanisms to impose 1 penalties as prescribed in Section 18997.2. 2 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 4 Code Section 39730.6 5 Section 18997.2. Penalty Amounts. 6 (a) A jurisdiction shall impose penalties for violations of the requirements of this chapter 7 consistent with the applicable requirements prescribed in Government Code Sections 8 53069.4, 25132 and 36900. The penalty levels shall be as follows: 9 (1) For a first violation, the amount of the base penalty shall be $50-$100 per 10 violation. 11 (2) For a second violation, the amount of the base penalty shall be $100-$200 per 12 violation. 13 (3) For a third or subsequent violation, the amount of the base penalty shall be $250-14 $500 per violation. 15 (b) Nothing in this section shall be construed as preventing a jurisdiction from revoking, 16 suspending, or denying a permit, registration, license, or other authorization consistent 17 with local requirements outside the scope of this chapter in addition to the imposition of 18 penalties authorized under this section. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5, Health and Safety Code Section 21 39730.6 and Government Code Sections 25132, 36900 and 53069.4. 22 Section 18997.3 Department Penalty Amounts. 23 (a) Penalties shall be imposed administratively in accordance with the requirements set 24 forth in this section. 25 (b) Penalties, except for violations specified in subdivision (d), shall be assessed as 26 follows: 27 (1) A “Minor” violation means a violation involving minimal deviation from the 28 standards in this chapter, where the entity failed to implement some aspects of a 29 requirement but has otherwise not deviated from the requirement. The penalties for 30 this type of violation shall be no less than five hundred dollars ($500) per violation 31 and no more than four thousand dollars ($4,000) per violation per day. 32 (2) A “Moderate” violation means a violation involving moderate deviation from the 33 standards in this chapter. A violation which is not a minor violation or a major 34 violation shall be a moderate violation. The penalties for this type of violation shall be 35 no less than four thousand dollars ($4,000) per violation and shall be no more than 36 seven thousand five hundred dollars ($7,500) per violation per day. 37 (3) A “Major” violation means a violation that is a substantial deviation from the 38 standards in this chapter that may also be knowing, willful or intentional or a chronic 39 violation by a recalcitrant violator as evidenced by a pattern or practice of 40 noncompliance. The penalties for this type of violation shall be no less than seven 41 thousand five hundred dollars ($7,500) per violation per day and no more than ten 42 2022/06/14 City Council Post Agenda Page 138 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 112 of 127 November 2020 thousand dollars ($10,000) per violation per day. For purposes of this subsection, a 1 major violation shall always be deemed to include the following types of violations: 2 (A) A jurisdiction fails to have any ordinance or similarly enforceable mechanism 3 for organic waste disposal reduction and edible food recovery. 4 (B) A jurisdiction fails to have a provision in a contract, agreement, or other 5 authorization that requires a hauler to comply with the requirements of this 6 chapter. 7 (C) A jurisdiction fails to have an edible food recovery program. 8 (D) A jurisdiction fails to have any Implementation Record. 9 (E) A jurisdiction implements or enforces an ordinance, policy, procedure, 10 condition, or initiative that is prohibited under Sections 18990.1 or 18990.2. 11 (F) A jurisdiction fails to submit the reports required in Sections 18994.1 and 12 18994.2. 13 (c) Once the penalty range has been determined pursuant to Subdivision (b), the 14 following factors shall be used to determine the amount of the penalty for each violation 15 within that range: 16 (1) The nature, circumstances, and severity of the violation(s). 17 (2) The violator’s ability to pay. 18 (3) The willfulness of the violator's misconduct. 19 (4) Whether the violator took measures to avoid or mitigate violations of this chapter. 20 (5) Evidence of any economic benefit resulting from the violation(s). 21 (6) The deterrent effect of the penalty on the violator. 22 (7) Whether the violation(s) were due to conditions outside the control of the violator. 23 (d) For violations of the Recovered Organic Waste Product Procurement requirements 24 in Section 18993.1, where a jurisdiction fails to procure a quantity of recovered organic 25 waste products that meets or exceeds its recovered organic waste product procurement 26 target, the Department shall determine penalties under this Subdivision (d) based on the 27 following: 28 (1) The Department shall calculate the jurisdiction’s daily procurement target 29 equivalent by dividing the procurement target by 365 days. 30 (2) The Department shall determine the number of days a jurisdiction was in 31 compliance by dividing the total amount of recovered organic waste products 32 procured by the daily procurement target equivalent. 33 (3) The Department shall determine the number of days a jurisdiction was out of 34 compliance with the procurement target by subtracting the number of days calculated 35 in Subdivision (d)(2) from 365 days. 36 (4) The penalty amount shall be calculated by determining a penalty based on the 37 factors in Subdivision (c) above, and multiplying that number by the number of days 38 determined according to Subdivision (d)(3). The penalty amount shall not exceed 39 $10,000 per day. 40 (e) Notwithstanding Subdivisions (a)-(d) if the Department sets a penalty amount for 41 multiple violations of this chapter, the aggregated penalty amount for all violations shall 42 not exceed the amount authorized in Section 42652.5 of the Public Resources Code. 43 (f) Nothing in this section shall be construed as authorizing the Department to impose 44 penalties on residential organic waste generators. 45 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 46 2022/06/14 City Council Post Agenda Page 139 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 113 of 127 November 2020 Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 1 Code Section 39730.6. 2 Section 18997.4. Organic Waste Recovery Noncompliance Inventory. 3 (a) If the Department finds that a state agency, local education agency, or federal facility 4 has failed to meet the final deadline in a Notice of Violation issued under this chapter, 5 the Department shall send a notice stating that the Department has placed the 6 respondent on the Organic Waste Recovery Noncompliance Inventory listed on its 7 website. The Department may remove the respondent from the Organic Waste 8 Recovery Noncompliance Inventory upon a finding, based on available evidence, that 9 the respondent is no longer in violation of this chapter. 10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6. 13 Section 18997.5. Department Procedure for Imposing Administrative Civil 14 Penalties. 15 (a) The Department shall commence an action to impose administrative civil penalties 16 by serving an accusation on a jurisdiction, person and/or entity, and a notice informing 17 the jurisdiction, person, and/or entity of their right to a hearing conducted pursuant to 18 Section 18997.6. 19 (b) The accusation and all accompanying documents may be served on the 20 respondent(s) by one of the following means: 21 (1) Personal service; 22 (2) Substitute service by using the same service procedures as described in Section 23 415.20 of the Code of Civil Procedure; 24 (3) Certified Mail or registered mail; or 25 (4) Electronically, with the consent of the respondent(s). 26 (c) Upon receipt of the accusation, the respondent shall file a request for hearing with 27 the director of the Department within 15 days or the respondent will be deemed to have 28 waived its right to a hearing. 29 (d) The Department shall schedule a hearing within 30 days of receipt of a request for 30 hearing that complies with the requirements of this section. 31 (e) The hearing shall be held before the director of the Department, or the director’s 32 designee, within 90 days of the scheduling date. 33 (f) If the respondent(s) waive(s) the right to a hearing, the Department shall issue a 34 penalty order in the amount described in the accusation. 35 (g) The director of the Department, or the director’s designee, shall issue a written 36 decision within 60 days of the conclusion of the hearing. 37 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39 Section 39730.6. 40 2022/06/14 City Council Post Agenda Page 140 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 114 of 127 November 2020 Section 18997.6. Department Procedures for Hearings and Penalty Orders. 1 (a) A hearing required under this chapter shall be conducted by the director of the 2 Department, or the director’s designee, in accordance with the informal hearing 3 requirements specified in Chapter 4.5 (commencing with Section 11400) of Part 1 of 4 Division 3 of Title 2 of the Government Code. 5 (b) A penalty order issued under Section 18997.5 shall become effective and final upon 6 issuance thereof, and payment shall be due within 30 days of issuance, unless 7 otherwise ordered by the director or the director’s designee. A penalty order may be 8 served by any method described in Section 18997.5(b). 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12 Article 17: Performance-Based Source Separated Organic Waste 13 Collection Service 14 Section 18998.1. Requirements for Performance-Based Source Separated 15 Collection Service. 16 (a) If a jurisdiction implements a performance-based source separated organic waste 17 collection service it shall: 18 (1) Provide a three-container organic waste collection service consistent with Section 19 18984.1 (a), (b) and (d)-(f) of this chapter to at least 90 percent of the commercial 20 businesses and 90 percent of the residential sector subject to the jurisdiction’s 21 authority. 22 (2) Transport the contents of the source separated organic waste collection stream to 23 a designated source separated organic waste facility. 24 (3) Ensure that the presence of organic waste in the gray container collection stream 25 does not exceed an annual average of 25 percent by weight. 26 (A) The annual average percent of organic waste present in the gray container 27 collection stream shall be determined by the results of waste evaluations 28 performed by the jurisdiction pursuant to Section 18984.5. 29 (B) The annual average percent of organic waste present in a jurisdiction’s gray 30 container collection stream is the average of the results of the gray container 31 waste collection stream samples performed by the jurisdiction in the immediately 32 previous four quarters pursuant to Section 18984.5. 33 (4) Provide collection service to organic waste generators subject to their authority. 34 Consistent with Section 18984.1, a jurisdiction shall not require commercial 35 businesses or residents to request solid waste collection service prior to enrollment. 36 (5) Notify the Department pursuant to Section 18998.3. 37 (b) Jurisdictions that delegate collection services to a designee shall include in their 38 contracts or agreements with the designee a requirement that all haulers transport the 39 source separated organic waste collection stream collected from generators subject to 40 the authority of a jurisdiction to a designated source separated organic waste facility. 41 (c) If a jurisdiction fails to meet the requirements of this section after notifying the 42 Department in accordance with Section 18998.3, the jurisdiction shall implement an 43 organic waste collection service that complies with the requirements of Article 3 of this 44 2022/06/14 City Council Post Agenda Page 141 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 115 of 127 November 2020 chapter. The jurisdiction shall be subject to the applicable enforcement processes 1 outlined in this chapter until services that comply with Article 3 are provided to 2 generators, and the jurisdiction shall not be eligible for the compliance exceptions in 3 Section 18998.2. 4 (d) A hauler providing a performance-based source separated collection service is not 5 required to comply with the provisions of Section 18988.2 in jurisdictions implementing 6 this service, but shall comply with the following in jurisdictions implementing this service: 7 (1) Only transport the source separated organic waste collection stream to a 8 designated source separated organic waste recycling facility, 9 (2) Keep a record of the documentation of its approval by the jurisdiction. 10 (e) The requirements of Subdivision (d) are not applicable to: 11 (1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1, 12 commencing with Section 41950 of the Public Resources Code, transports source 13 separated organic waste to a community composting site; or 14 (2) A hauler that is lawfully transporting construction and demolition debris in 15 compliance with Section 18989.1. 16 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 17 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 18 Section 39730.6. 19 Section 18998.2. Compliance Exceptions. 20 (a) If a jurisdiction implements a performance-based source separated collection service 21 that meets the requirements of Section 18998.1(a), the jurisdiction shall not be subject 22 to the following: 23 (1) The collection requirements in Sections 18984.2 and 18984.3. 24 (2) The container labeling requirements in Section 18984.8, and waivers in Section 25 18984.11. 26 (3) The recordkeeping requirements in Sections 18984.4, and 18984.14. 27 (4) The organic waste recovery education and outreach requirements in Section 28 18985.1. 29 (5) The recordkeeping requirements in Section 18985.3 except as related to edible 30 food recovery education and outreach performed under Section 18985.2. 31 (6) The regulation of haulers in Article 7 of this chapter. 32 (7) The jurisdiction annual reporting requirements in Section 18994.2(c)(1)-(2), (d)-(f) 33 and (k). 34 (8) The jurisdiction inspection and enforcement requirements in Sections 18995.1, 35 except for the provisions related to edible food generators and food recovery 36 organizations and services in that section. 37 (9) The implementation record and recordkeeping requirements in Section 38 18995.2(f)(3)-(7). Implementation Records requirements in Section 18995.2(f)(11)-39 (13) shall only be required for inspections and enforcement related to edible food 40 generators and food recovery organizations and services. 41 (10) The jurisdiction investigation of complaints of alleged violations requirements in 42 Section 18995.3, except as it pertains to entities subject to the edible food recovery 43 requirements of Article 10 of this chapter. 44 2022/06/14 City Council Post Agenda Page 142 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 116 of 127 November 2020 (11) The jurisdiction enforcement requirements in Section 18995.4, except as it 1 pertains to entities subject to the edible food recovery requirements of Article 10 of 2 this chapter. 3 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 4 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 5 Section 39730.6. 6 Section 18998.3. Notification to Department. 7 (a) A jurisdiction that will implement a performance-based source separated collection 8 service beginning in 2022 shall notify the Department on or before January 1, 2022. A 9 jurisdiction that will implement a performance-based source separated collection system 10 in any subsequent year shall notify the Department on or before January 1 of that year. 11 (b) The notification shall include the following information: 12 (1) The name of the jurisdiction. 13 (2) Date the jurisdiction will start providing the performance-based source -separated 14 collection service. 15 (3) Contact information for the jurisdiction, including the name, address and 16 telephone number of the representative of the jurisdiction with primary responsibility 17 for ensuring compliance with this article. 18 (4) The address within the jurisdiction where all records required by this chapter are 19 maintained. 20 (5) A list of each designated source separated organic waste facility, landfill disposal 21 facility and any other solid waste facility and their Recycling and Disposal Reporting 22 System number for any facility that will be receiving solid waste directly from the 23 jurisdiction. 24 (6) The name of any designee the jurisdiction has delegated responsibilities to 25 pursuant to Section 18998.1 and any relevant documentation demonstrating the 26 designee’s obligation to comply with the provisions of this article. 27 (7) A statement by the representative of the jurisdiction with primary responsibility for 28 ensuring compliance with this article, under penalty of perjury, that all information 29 contained in the notification is true and correct to the best of their knowledge and 30 belief. 31 (8) The percent of commercial businesses and the percent of the residential sector 32 currently enrolled in organic waste collection services provided by the jurisdiction. 33 (c) In the initial report to the department required in Section 18994.1, a jurisdiction 34 implementing a performance-based source separated organic waste collection service 35 shall certify that at least 90 percent of the commercial businesses and 90 percent of the 36 residential sector subject to the jurisdiction’s authority are enrolled in a collection service 37 that complies with the requirements of Section 18998.1. 38 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40 Section 39730.6. 41 2022/06/14 City Council Post Agenda Page 143 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 117 of 127 November 2020 Section 18998.4. Recordkeeping. 1 A jurisdiction implementing a performance-based source separated organic waste 2 collection service pursuant to this article shall maintain the following information and 3 documents in the Implementation Record required by Section 18995.2: 4 (a) The geographical area each designee serves. 5 (b) If a designee is used, a copy of the contract or agreement for each designee 6 specifying the requirement that all haulers transport the source separated organic waste 7 collection stream collected from generators subject to the jurisdiction’s authority to a 8 designated source separated organic waste facility. 9 (c) Records evidencing compliance with Section 18998.1(a) including, but not limited to: 10 (1) A current list of generator addresses subject to the authority of the jurisdiction. 11 (2) A current list of generator addresses subject to the authority of the jurisdiction that 12 are served with a performance-based source separated organic waste collection 13 service. 14 (3) A current list of generator addresses within the jurisdiction that the jurisdiction 15 does not require to use the performance-based source separated organic waste 16 collection service. 17 (4) Documentation of the enrollment system used by the jurisdiction consistent with 18 Section 18998.1(a)(4). 19 (d) A jurisdiction implementing a performance-based source separated organic waste 20 collection service is still required to maintain the following records specified in Section 21 18995.2: 22 (1) Records required by (f)(1). 23 (2) Records required by (f)(2) and (6) as they pertain to the edible food recovery 24 requirements chapter. 25 (3) Records required by (f)(8)-(10). 26 (4) Records required by (f)(11)-(13) as they pertain to the edible food recovery 27 requirements of this chapter. 28 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30 Section 39730.6. 31 Title 27. Environmental Protection 32 Division 2. Solid Waste 33 34 Chapter 3. Criteria for All Waste Management Units, 35 Facilities, and Disposal Sites 36 Subchapter 4. Criteria for Landfills and Disposal Sites 37 2022/06/14 City Council Post Agenda Page 144 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 118 of 127 November 2020 Article 3: CIWMBCalRecycle—Handling, Equipment, and Maintenance 1 §20750.1. CalRecycle– Organic Waste Handling. 2 (a) For new or expanding solid waste landfills, the operator shall implement organic 3 waste recovery activities, as approved by the EA. Organic waste recovery activities 4 shall be confined to specified, clearly identifiable areas of the site and shall be arranged 5 to minimize health and safety hazard, vector harborage, or other hazard or nuisance, 6 and be limited to a volume and storage time as approved by the EA. 7 (1) An operator only accepting solid wastes that have already been processed 8 through a high diversion organic waste processing facility or a designated source 9 separated organic waste facility does not need to implement organic waste recovery 10 activities. 11 (b) For the purposes of this section “organic waste recovery activities” means activities 12 that divert organic waste from landfill disposal to activities that constitute a reduction of 13 landfill disposal of organic waste as defined in Article 2 of Chapter 12 of Division 7 of 14 Title 14 of the California Code of Regulations (commencing with Section 18983.1), 15 either on-site or transport to another site where those activities occur. 16 (c) For the purposes of the section, “expanding” means a solid waste landfill proposing 17 to make a significant change to the design or operation as determined by the EA 18 pursuant to 27 CCR Section 21665. 19 (1) Changing the hours of operation of a landfill is not considered an expansion 20 pursuant to 27 CCR Section 20750.1(c). 21 Note: 22 Authority cited: Section 40502 and 43020, Public Resources Code. 23 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 24 Section 39730.6, Health and Safety Code. 25 Chapter 4. Documentation and Reporting for Regulatory 26 Tiers, Permits, WDRs, and Plans 27 Subchapter 3: Development of Waste Discharge Requirements 28 (WDRs) and Solid Waste Facility Permits 29 Article 2. CalRecycle—Applicant Requirements 30 §21570. CalRecycle—Filing Requirements. 31 (a) Any operator of a disposal site who is required to have a full solid waste facilities 32 permit and waste discharge requirements pursuant to Public Resources Code, Division 33 31 and §20080(f) shall submit an application package for a solid waste facilities permit 34 in duplicate to the EA pursuant to ¶(f). The applicant shall also simultaneously submit 35 one copy of the application form and the Joint Technical Document (JTD) to the 36 Regional Water Quality Control Board (RWQCB) and one copy of the application form 37 to the director of the local agency that oversees local land use planning for the 38 2022/06/14 City Council Post Agenda Page 145 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 119 of 127 November 2020 jurisdiction in which the site is located. The applicant shall ensure demonstration of 1 financial assurances to CalRecycle pursuant to Chapter 6 of this Subdivision. 2 (b) All other applicants who are required to have a full solid waste facilities permit shall 3 submit an application package for a solid waste facilities permit in duplicate to the EA 4 pursuant to ¶(f) and one copy of the application form to the director of the local agency 5 that oversees local land use planning for the jurisdiction in which the site is located. The 6 applicant shall also simultaneously submit one copy of the application form to the 7 RWQCB. 8 (c) Any application package submitted to the EA shall be accompanied by the fee 9 specified by the EA pursuant to Public Resources Code §44006(c). 10 (d) The application package shall require that information be supplied in adequate detail 11 to permit thorough evaluation of the environmental effects of the facility and to permit 12 estimation of the likelihood that the facility will be able to conform to the standards over 13 the useful economic life of the facility. The application package shall require, among 14 other things, that the applicant and the owner give the address at which process may be 15 served upon them. 16 (e) All information in the application package shall be certified by the applicant and the 17 owner of the site as being true and accurate to the best knowledge and belief of each. 18 The applicant, owner of the facility, or both, shall supply additional information as 19 deemed necessary by the EA. 20 (f) A complete and correct application package shall include, but not necessarily be 21 limited to, the following items: 22 (1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements 23 Form CIWMBCalRecycle E-1-77 (Version 11-15 8-04) (Appendix 1); and 24 (2) Complete and correct Report of Facility Information. In the case of disposal sites, 25 this will be a Report of Disposal Site Information (RDSI) in the format of a JTD or ana 26 Disposal Site Facility Plan or Disposal Facility Report in the format of a JTD; and 27 (3) California Environmental Quality Act (CEQA) compliance information as follows: 28 (A) Evidence that there has been compliance with the CEQA, Division 13 29 (commencing with §21000) of the Public Resources Code, regarding the facility; or 30 (B) Information on the status of the application’s compliance with the CEQA 31 regarding the facility, including the proposed project description. Once there has 32 been compliance with the CEQA regarding the facility, evidence of compliance 33 shall be submitted to the EA; and 34 (4) Any CEQA Mitigation Monitoring Implementation Schedule; and 35 (5) Conformance finding information, including one of the following: 36 (A) Until a countywide or regional agency integrated waste management plan has 37 been approved by CalRecycle, the application shall include statements that: the 38 facility is identified and described in or conforms with the County Solid Waste 39 Management Plan, or otherwise complies with Public Resources Code §50000; 40 and that the facility is consistent with the city or county General Plan and 41 compatible with surrounding land use, in accordance with Public Resources Code 42 §50000.5; or 43 (B) After a countywide or regional agency integrated waste management plan has 44 been approved by CalRecycle, the application shall include a statement that: the 45 facility is identified in either the countywide siting element, the nondisposal facility 46 2022/06/14 City Council Post Agenda Page 146 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 120 of 127 November 2020 element, or in the Source Reduction and Recycling Element for the jurisdiction in 1 which it is located; or, that the facility is not required to be identified in any of these 2 elements pursuant to Public Resources Code §50001; and 3 (6) For disposal sites, completeness determination of Preliminary or Final 4 Closure/Postclosure Maintenance Plan as specified in §§21780, 21865, and 21890 5 (Subchapter 4 of this chapter); and 6 [Note: The operator has the option of submitting the preliminary closure plan with the 7 JTD, in which case the EA, RWQCB, and CalRecycle would review it at the same 8 time. If deemed complete by the reviewing agencies, the solid waste facilities permit 9 application package could then be accepted for filing if all other information in the 10 JTD is accepted by the EA. Or the operator can submit a stand alone preliminary 11 closure plan to be deemed complete by reviewing agencies before the application 12 package is submitted to the EA. For CalRecycle purposes, all final 13 closure/postclosure plans are stand alone documents but can be processed jointly 14 with a proposed solid waste facilities permit revision as long as the final plan is 15 determined complete prior to approval of the proposed solid waste facilities permit. 16 The JTD Index prepared for the EA should show where each closure requirement is 17 addressed in the closure/post-closure plan.] 18 (7) For disposal sites, a copy of the most recently submitted detailed written estimate 19 or latest approved estimate, whichever identifies the greatest cost, to cover the cost 20 of known or reasonably foreseeable corrective action activities, pursuant to §22101; 21 (8) For disposal sites, current documentation of acceptable funding levels for required 22 closure, postclosure maintenance, and corrective action Financial Assurance 23 Mechanisms (in accordance with Chapter 6, Division 2); and 24 (9) For disposal sites, current documentation of compliance with operating liability 25 requirements in accordance with Chapter 6; 26 (10) For disposal sites permitted for more than 20 tons-per-day, a ground or aerial 27 survey to be completed at least once every five years or more frequently as 28 determined by the EA. For disposal sites permitted for 20 tons-per-day or less, a 29 ground or aerial survey must be completed at least once every ten years. Survey 30 results must be submitted as a CADD or vector graphics data file including at least 31 two strata, i.e., 1) a stratum showing the base and finished ground surfaces, and 2) a 32 stratum showing the existing and finished ground surfaces. For disposal sites where 33 a change in permitted volume is proposed, a third stratum showing the base and 34 proposed finished ground surface must be included. For each stratum the following 35 information shall be included: site name, stratum name, surface1 name, surface2 36 name, volume calculation method (grid, composite, section), expansion (cut) factor, 37 compaction (fill) factor, cut volume, fill volume and net volume. All volumes shall be 38 reported in cubic yards. If the base ground surface is uncertain, the operator is 39 allowed to provide the best available information as a substitute for the actual as-built 40 contours. If selecting this substitute method, the operator must provide an 41 explanation of the basis for using the substitute base ground surface. For the 42 purposes of this section the following definitions apply: 43 (A) "base ground surface" - the best available excavation plan surface that existed 44 prior to the placement of any waste; 45 (B) "CADD" - computer aided design and drafting; 46 2022/06/14 City Council Post Agenda Page 147 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 121 of 127 November 2020 (C) "compaction (fill) factor" - the factor used to correct for expected compaction of 1 fill material; this factor should normally be unity (one); if the factor is not unity 2 (one), an explanation must be provided for the basis of the volumetric correction; 3 (D) "cut volume" - for any stratum, the volume removed by a cut of a lower surface 4 to achieve the upper surface; 5 (E) "existing ground surface" - the topography that exists at the time of the subject 6 survey; 7 (F) "expansion (cut) factor" - the factor used to correct for expected expansion of a 8 cut surface; this factor should normally be unity (one); if the factor is not unity 9 (one), an explanation must be provided for the basis of the volumetric correction; 10 (G) "fill volume" - for any stratum, the volume bound between the upper and lower 11 surfaces; 12 (H) "finished ground surface" - the final fill plan surface as shown in the approved 13 closure plan for the disposal site; 14 (I) "net volume" - the fill volume less the cut volume; 15 (J) "site name" - the name of the disposal site for which the survey information is 16 being submitted; 17 (K) "stratum (plural: strata)" - a particular volume of a solid waste landfill bound by 18 specified upper and lower surfaces; 19 (L) "stratum name" - a descriptive name for the stratum for which volumetric 20 information is being submitted, e.g., total volume including proposed expansion; 21 (M) "surface names" - names for the pair of surfaces that define a named stratum, 22 e.g., base ground surface and proposed finished ground surface; 23 (N) "survey" - a comprehensive examination of the disposal site under the 24 direction of registered civil engineer or licensed land surveyor for purposes of 25 determining the topography of the base, existing and finished ground surfaces, 26 and the volumes bound by those surfaces; 27 (O) "vector graphics" - computer generated images comprised of lines and shapes 28 of given origin, direction, thickness, color and other attributes; 29 (P) "volume calculation method" - grid, composite, section or other method 30 approved by the enforcement agency. 31 (11) For disposal sites, one of the following: 32 (A) 33 (i) In-place density (pounds of waste per cubic yard of waste). The in-place 34 density is the estimated or measured density of in-place waste material 35 achieved by mechanical or other means in the development of the current lift of 36 the current operating waste cell, and 37 (ii) Waste-to-cover ratio, estimated, (volume:volume). The waste-to-cover ratio 38 estimate is a unit-less expression of the proportion of the volumes of waste and 39 cover that comprise a volume of compacted fill material, e.g. 4:1. The cover 40 portion of the waste-to-cover ratio estimate should include only soil or approved 41 daily or intermediate alternative cover that is not considered a waste material, 42 i.e., payment of fees to CalRecycle is not required. The waste portion of the 43 waste-to-cover ratio estimate should include only waste material for which 44 payment of fees to CalRecycle is reported, or 45 2022/06/14 City Council Post Agenda Page 148 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 122 of 127 November 2020 (B) Airspace utilization factor (tons of waste per cubic yard of landfill airspace). 1 The airspace utilization factor (AUF) is the effective density of waste material in 2 the landfill. The AUF is recorded as the total weight of waste material passing over 3 the landfill scales that is placed in a known volume of landfill airspace in a given 4 period of time. The waste portion of the AUF should include only waste material for 5 which payment of fees to CalRecycle is reported. 6 (12) List of all public hearings and other meetings open to the public that have been 7 held or copies of notices distributed that are applicable to the proposed solid waste 8 facilities permit action. 9 (g) For new or expanded solid waste facilities, hold a public meeting with any affected 10 disadvantaged communities within 180 days of submittal of the permit application 11 package. 12 (1) Provide copies (hard copy or electronic) of notices distributed to the affected 13 disadvantaged communities. 14 (2) Provide a summary of the comments received at the public meeting, responses to 15 any public comments, and any other steps taken by the applicant relative to those 16 comments. 17 (3) For the purposes of this section “affected disadvantaged communities” means 18 communities identified by the California Environmental Protection Agency pursuant to 19 Section 39711 of the Health and Safety Code as disadvantaged that are located 20 within one mile of the facility. 21 Note: 22 Authority cited: Section 40002, 40502 and 43020, Public Resources Code. 23 Reference: Sections 43103, 42652.5, 44001-44017, 44100-44101, 44300-44301, 24 44500-44503 and 44813-44816, Public Resources Code and Section 39730.6, Health 25 and Safety Code. 26 §21590. CIWMBCalRecycle—Joint Technical Document for Disposal Facilities. 27 Any operator of a disposal site which is required to submit a RDSI, closure/postclosure 28 maintenance plan, and/or a ROWD or any other report that addresses similar regulatory 29 concerns, may address those requirements under one JTD. The JTD will be used in 30 place of the RDSI only if it meets all the requirements set forth in §21600 and lists 31 where each requirement has been satisfied in the document in the form of a JTD index, 32 pursuant to ¶(c). 33 (a) After July 18, 1997, any operator of an existing facility who submits an application 34 package to the EA, pursuant to §21570, which proposes to change the facility's 35 operations, or to change the SWFP shall do one of the following: 36 (1) Submit the updated information as an amendment to the existing JTD along with, 37 a JTD index as described in ¶(c), referencing the new or updated information; or 38 (2) Submit a complete JTD as described in §21600 along with a JTD index as 39 described in subsection (c). 40 (b) After July 18, 1997, any operator of a new facility that submits an application 41 package to the EA pursuant to §21570, shall submit a complete JTD pursuant to 42 §21600, and an index of the topics addressed in the JTD to be used by the EA as 43 described in ¶(c). 44 2022/06/14 City Council Post Agenda Page 149 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 123 of 127 November 2020 (c) As of July 18, 1997, the operator shall include with the JTD a copy of an index 1 specifically for use by the EA. The page number or the first line number within the JTD 2 which addresses the topic shall be noted next to that topic in the index. The EA shall 3 make available to the operator either in hard copy and/or on magnetic media an 4 electronic copy a JTD index listing, (Index found in Appendix 2) showing each topic 5 which the JTD must address to provide the EA with relevant facility information for 6 writing or revising the facility permit. 7 (d) These requirements do not apply to those facilities which have filed a ROWD or 8 RDSI and application for SWFP prior to July 18, 1997. In the event the EA determines 9 the application package for an RDSI first submitted prior to the effective date of these 10 regulations to be incomplete, additional information requested shall be submitted as part 11 of the RDSI and/or application for SWFP, as appropriate. 12 Note: 13 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 14 Reference: Sections 42652.5, 43000-45082, Public Resources Code and Section 15 39730.6, Health and Safety Code. 16 Article 3: CIWMBCalRecycle—Enforcement Agency (EA) 17 Requirements 18 §21650. CIWMBCalRecycle--EA Processing Requirements. (T14:§18203) 19 (a) Upon its receipt, the EA shall stamp the application package with the date of receipt. 20 The EA shall examine the application package to determine whether it meets the 21 requirements of §21570. If the EA finds the package meets the requirements of §21570, 22 the application package shall be accepted and stamped with the date of acceptance. 23 Notwithstanding any other provision of this division, the application package shall be 24 deemed filed on the date of acceptance. 25 (b) The EA shall either accept or reject the application package within thirty days of its 26 receipt. 27 (c) Within five days of filing, the EA shall notify the CIWMBCalRecycle, and the RWQCB 28 if applicable, of its determination. The EA shall submit as its notification to the CIWMB 29 CalRecycle a copy of the accepted application form. The EA shall also forward a copy 30 of the application form to the RWQCB if applicable. 31 (d) If the EA determines that the application package does not meet the requirements of 32 §21570, it shall reject and not file the application, and it shall, within five days of 33 determination, so notify the applicant, the CIWMB CalRecycle, and the RWQCB if 34 applicable, enumerating the grounds for rejection. The EA shall include in its notification 35 to the CIWMB CalRecycle a copy of the rejected application form. The application 36 package, together with the notice of rejection, shall be kept in the EA's file. 37 (e) After acceptance of an application for a new or revised full solid waste facilities 38 permit as complete and correct and within 60 days of receipt of the application by the 39 EA, the EA shall notice and conduct an informational meeting as required by §§21660.2 40 and 21660.3. For modified solid waste facilities permits, the EA shall provide notice as 41 required by §21660.3 after finding the permit application complete and correct and 42 within 60 days of receipt of the application by the EA. 43 2022/06/14 City Council Post Agenda Page 150 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 124 of 127 November 2020 (f) Upon request of the applicant, the EA may accept an incomplete application 1 package. As a condition of acceptance, the operator and the EA shall waive the 2 statutory time limit contained in Public Resources Code §44009. [Note: Section 21580 is 3 the section for processing the applicant’s waiver of timeframes and timing for noticing 4 and holding an informational meeting after the EA deems a previously submitted 5 incomplete package to be complete.] The EA shall notify the applicant within 30 days if 6 the applicant's request for review under this subsection has been accepted. If the 7 application package does not conform with the requirements of §21570 within 180 days 8 from the date of the EA agreeing to accept the package as incomplete the EA shall 9 reject the application package, pursuant to ¶(d). If the EA finds the application package 10 meets the requirements of §21570, the application package shall be accepted pursuant 11 to ¶(c). 12 (g) No later than 60 days after the application package has been accepted as complete 13 and correct and after conducting an informational meeting if required by §§21660.2 and 14 21660.3, the EA shall mail to the CIWMB CalRecycle the following: 15 (1) A copy of the proposed solid waste facilities permit; 16 (2) The accepted application package; 17 (3) A certification from the EA that the solid waste facilities permit application 18 package is complete and correct, including a statement that the RFI meets the 19 requirements of §21600, 14 CCR §§17863, 17863.4, 17346.5, 18221.6, 18223.5, or 20 18227. 21 (4) Documentation, if applicable, of the applicant's compliance with any RWQCB 22 enforcement order or the status of the applicant's WDRs, as described in Public 23 Resources Code §44009; 24 (5) Any written public comments received on a pending application and a summary of 25 comments received at the informational meeting, responses to any public comments, 26 and, where applicable, any other steps taken by the EA relative to those comments. 27 Subsequent to the transmittal of the proposed solid waste facilities permit, the EA 28 shall, within five (5) days of receipt, provide a copy of any additional written public 29 comments and response to comments to the CIWMBCalRecycle. 30 (6) A solid waste facilities permit review report which has been prepared pursuant to 31 §21675, within the last five years. 32 (7) EA finding that the proposed solid waste facilities permit is consistent with and is 33 supported by existing CEQA analysis, or information regarding the progress toward 34 CEQA compliance. 35 (h) At the time the EA submits the proposed solid waste facilities permit to the 36 CIWMBCalRecycle, the EA shall submit a copy of the proposed solid waste facilities 37 permit to the applicant, the RWQCB if applicable, and any person so requesting in 38 writing. The copy of the proposed solid waste facilities permit provided to the applicant 39 shall also be accompanied by a form for request for hearing, which the applicant may 40 use to obtain a hearing before a hearing panel or hearing officer to challenge any 41 condition in the solid waste facilities permit. In cases where a hearing panel or hearing 42 officer may be requested, the EA shall notify the CIWMB CalRecycle within seven days 43 of being noticed by the operator. 44 (i) The proposed solid waste facilities permit shall contain the EA's conditions. The 45 proposed solid waste facilities permit shall not contain conditions pertaining solely to air 46 2022/06/14 City Council Post Agenda Page 151 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 125 of 127 November 2020 or water quality, nor shall the conditions conflict with conditions from WDRs issued by 1 the RWQCB. 2 [Note: The process to obtain a full solid waste facilities permit might not include the 3 RWQCB if the facility is other than a landfill or disposal site. Therefore, EA submittals of 4 forms and documents to the RWQCB will be made if applicable to the type of facility. 5 When writing conditions pursuant to 21650(i) the EA shall take into consideration PRC 6 §44012, which requires the EA to ensure that primary consideration is given to 7 protecting public health and safety and preventing environmental damage, and the long-8 term protection of the environment. The EA may also take into consideration other 9 permits, entitlements and approvals when writing terms and conditions (e.g., conditional 10 use permit, zoning, Air Pollution Control District/Air Quality Management District permits 11 to construct and operate, Department of Toxic Substances Control hazardous waste 12 facility permit, Department of Fish and GameWildlife permits, Coastal Commission 13 approvals, Army Corps of Engineers permit, Federal Aviation Administration notification, 14 and other required local and county ordinances/permits)] 15 Note: 16 Authority cited: Sections 40502 and 43020, Public Resources Code. 17 Reference: Sections 40055, 42652.5, and 43000-45802, Public Resources Code and 18 Section 39730.6, Health and Safety Code. 19 §21660.2. Informational Meeting for New and Revised Full Solid Waste Facilities 20 Permit Applications. 21 (a) EA shall conduct an informational meeting for all new and revised full solid waste 22 facilities permit applications as determined by §21665. The EA shall hold an 23 informational meeting on an application for a new full solid waste facilities permit or an 24 application for a full solid waste facilities permit revision required under this article. The 25 EA may require the operator(s) of the facility or facilities that are the subject of the 26 informational meeting to pay all costs incurred by the EA in connection with the meeting. 27 The informational meeting may be combined with another public meeting in which the 28 EA participates that meets the criteria as specified in §§21660.2(b) and 21660.2(c). 29 (b) The informational meeting shall be held after acceptance of the application package 30 as complete and correct by the EA and within 60 days of receipt of the application by 31 the EA. The EA shall submit to the Board CalRecycle a copy of the informational 32 meeting notice at time of issuance. The Board CalRecycle shall post the notice on its 33 web site as a way to further inform the public. 34 (c) The informational meeting shall meet the following criteria: 35 (1) The meeting shall be held in a suitable location not more than one (1) mile from 36 the facility that is the subject of the meeting; if no suitable and available location 37 exists within one (1) mile of the facility, as determined by the EA, the EA may 38 designate an alternative suitable location that is as close to the facility and affected 39 disadvantaged communities as reasonably practical. 40 (2) The meeting shall be held on a day and at a time that the EA determines will 41 enable attendance by residents, especially those of affected disadvantaged 42 communities, living in the vicinity of the facility that is the subject of the meeting. 43 2022/06/14 City Council Post Agenda Page 152 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 126 of 127 November 2020 (3) EAs may undertake additional measures to increase public notice and to 1 encourage attendance by any persons who may be interested in the facility that is the 2 subject of the meeting, including which may include, but not be limited to, additional 3 posting at the facility entrance, noticing beyond 300 feet if the nearest residence or 4 business is not within 300 feet of the site, posting in a local newspaper of general 5 circulation, and multilingual notice and translation and, multiple meeting dates, times 6 and locations. 7 (d) The EA may substitute a previous public meeting or hearing for the requirements in 8 this Section pursuant to §21660.4 if the applicant does not object. 9 (e) For the purposes of this section “affected disadvantaged communities” means 10 communities identified by the California Environmental Protection Agency pursuant to 11 Section 39711 of the Health and Safety Code as disadvantaged that are located within 12 one mile of the facility. 13 Note: 14 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 15 Reference: Sections 42652.5, 43103, 43213, 44004, and 44012, Public Resources 16 Code and Section 39730.6, Health and Safety Code. 17 Article 3.2. CIWMBCalRecycle—Other Requirements 18 19 §21695. CalRecycle—Organic Disposal Reduction Status Impact Report. 20 (a) Operators of a solid waste landfills shall submit a Status Impact Report (SIR) to 21 CalRecycle that provides an analysis of the potential impacts to the landfill resulting 22 from the implementation of the organic disposal reduction requirements of Public 23 Resources Code §Section 42652.5. 24 (b) The SIR shall be prepared by a California licensed civil engineer or licensed 25 engineering geologist. 26 (c) The SIR shall describe the potential impacts to the landfill including the expected 27 timing of the impacts. The analysis shall include, but not be limited to, changes to the 28 following: 29 (1) Site development; 30 (2) Waste types/volumes; 31 (3) Daily and intermediate cover and beneficial use: 32 (A) For intermediate cover the analysis shall also include: 33 1. A description and/or map of the area(s) that have or will have intermediate 34 cover. 35 2. The length of time that the intermediate cover has been used and expected 36 time that it will be used for each defined area. 37 3. A description of how the intermediate cover will be maintained to continue to 38 meet the control criteria of Section 20700(a). 39 4. Information on all instantaneous surface readings for methane of 500 ppmv 40 or greater in the area(s) of intermediate cover that has or will be in place for 41 more than 12 months. 42 2022/06/14 City Council Post Agenda Page 153 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 127 of 127 November 2020 i. This information shall be as reflected in the most recent annual report filed 1 pursuant to 17 CCR Section 95470(b)(3). 2 ii. The location of each such exceedance shall be identified consistent with 3 the monitoring requirements of 17 CCR Section 95469(a)(1)(A). 4 (4) Volumetric capacity based on the disposal site experiencing a reduction of 5 organic waste disposal of 50 percent by 2020 and 75 percent by 2025; 6 (5) Waste handling methods; 7 (6) Gas control and monitoring systems; 8 (7) Gas generation; 9 (8) Operation and closure design (individual cells and overall site geometry); 10 (9) Final grading plan; 11 (10) Site life estimate; 12 (11) Ancillary facilities; 13 (12) Cost estimates for closure and postclosure; and 14 (13) Financial assurance mechanisms for closure, postclosure, and non-water 15 corrective action requirements. 16 (d) The SIR shall be submitted to CalRecycle no later than one year (365 days) from the 17 effective date of this regulation. 18 (e) Within 30 days of receipt of a SIR, CalRecycle shall make a determination as to the 19 completeness of the SIR based on the requirements of Subdivisions (b) and (c). If a SIR 20 is determined to be incomplete, CalRecycle shall provide to the operator, in writing, the 21 reasons for the determination. 22 (f) For a SIR determined to be incomplete, the operator shall submit a revised SIR 23 addressing any enumerated deficiencies within 30 days of receipt of notice from 24 CalRecycle of an incomplete SIR. 25 (g) Within 60 days of a determination of completeness, CalRecycle shall submit its 26 findings to the EA regarding amendments, if any, to the Joint Technical Document as a 27 result of the SIR. 28 (1) If amendments are required, the EA shall direct the operator to submit an updated 29 Joint Technical Document including updated closure and postclosure maintenance 30 plans that includes the information from the SIR. 31 (2) The EA shall notify the operator within 30 days of receipt of CalRecycle’s findings. 32 (h) Within 120 days of being directed by the EA, pursuant to Subdivision (g), the 33 operator shall submit to the EA an updated Joint Technical Document including updated 34 closure and postclosure maintenance plans that includes the information from the SIR. 35 Note: 36 Authority cited: Sections 40002, 40502 and 43020, Public Resources Code. 37 Reference: Sections 42652.5, 43103 and 44015, Public Resources Code, and Section 38 39730.6, Health and Safety Code. 39 40 2022/06/14 City Council Post Agenda Page 154 of 636 Chapter 8.24 SOLID WASTE AND LITTER* Sections: 8.24.010 Purpose and intent. 8.24.020 Definitions. 8.24.030 Accumulation of materials constituting a fire hazard prohibited. 8.24.040 Solid waste – Disposal in public places prohibited. 8.24.045 Solid waste generated off-site – Placement in City trash containers – Prohibited. 8.24.050 Solid waste – Disposal on private property prohibited – Exception. 8.24.060 Owner or occupant responsibility to maintain sanitary premises. 8.24.070 Solid waste – Collection prohibited when – Burning prohibited. 8.24.080 Solid waste – Containers approved for use by small quantity generators (single- family residential and small businesses with cart service) and large quantity generators (bin or roll-off service) for solid waste, organic waste and recyclables. 8.24.090 Solid waste – Placement in containers or bundles – Restrictions. 8.24.100 Solid waste – Placement of containers for collection – Times. 8.24.110 Reserved. 8.24.120 Reserved. 8.24.130 Reserved. 8.24.140 Reserved. 8.24.150 Reserved. 8.24.160 Reserved. 8.24.170 Reserved. 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. 8.24.190 Reserved. 8.24.195 Mandatory recycling for exempt and reduced rate customers. 8.24.200 Interference with collection and scavenging prohibited when. 8.24.210 Littering – By private persons prohibited where. 8.24.220 Littering – By corporations or persons prohibited where. 8.24.230 Owner or occupant duty to keep sidewalks free of litter. * For authority for cities to declare what shall be deemed a nuisance, see Gov. Code § 38771; for provisions regarding abatement of nuisances, see Gov. Code §§ 38773 and 38773.5. 2022/06/14 City Council Post Agenda Page 155 of 636 8.24.010 Purpose and intent. The City Council finds that the accumulation, Sstorage, Ccollection, transportation, Pprocessing and disposal of Ssolid Wwaste is a matter of public concern, in that improper control of such matters creates a public Nnuisance and can lead to air Ppollution, fire hazards, illegal dumping, insect breeding, rodent infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The City Council further finds that the minimum weekly collection of Ssolid Wwaste from all residences and places of business in the City benefits all occupants of residences and businesses within the City. Accordingly, the collection of Ssolid Wwaste in the City is a mandatory service and, shall not be discontinued, and all owners and occupants as defined in CVMC 8.24.060 are made liable for the payment of such fees as may be approved from time to time by the City Council. The City Council further declares that the regulations provided in this Cchapter are designated to eliminate or alleviate such public health and safety concerns, and provide minimum standards for the accumulation, Sstorage, Collection, transportation, and Pprocessing of Ssolid Wwaste. 8.24.020 Definitions. For the purpose of this Cchapter, the definitions contained in CVMC 8.25.020 shall govern, unless the context otherwise requires or indicates. 8.24.030 Accumulation of materials constituting a fire hazard prohibited. It is unlawful for any individual or Entityperson to create or allow to be created or maintained, upon any premises or property in the City owned or controlled by such personindividual or Entity, any accumulation of materials that are dangerous as fire menace or hazard. 8.24.040 Solid waste – Disposal in public places prohibited. It is unlawful for any individual or Entityperson to place, dump, deposit, or throw any Ssolid Wwaste including, but not limited to, plastic, glass, metal, paper, Recyclables, green wasteOrganic Waste, other food waste, automobile parts, or other Ssolid Wwaste or liquid wastes of any kind or character 2022/06/14 City Council Post Agenda Page 156 of 636 whatsoever, upon or along the right-of-way of any public highway, street, lane, alley, or other public place within the corporate limits of the City. 8.24.045 Solid waste generated off-site – Placement in City trash containers – Prohibited. City Ssolid Wwaste and litter Ccontainers are placed in City parks, at bus stops, and other public areas for the use of the public to control litter and Ssolid Wwaste whichthat is generated at or near the location where the Ssolid Wwaste Ccontainers are located; they are not to be used as disposal sites for Ssolid Wwaste which is generated off-site, except as defined as Iincidental Wwaste in CVMC 8.25.020. Therefore, it is unlawful for any person individual or Entity to place, dump, deposit, or throw away Ssolid Wwaste of any kind or character whatsoever other than Iincidental wWaste in City litter or Ssolid Wwaste containers, if such was generated at a location other than where the Ssolid waste or litter Ccontainer is located. 8.24.050 Solid waste – Disposal on private property prohibited – Exception. It is unlawful for any individual or Entityperson to place, dump, deposit or throw away any Ssolid Wwaste or other waste discards of any kind or character whatsoever, upon any private property adjacent to or abutting upon any public highway, or public place, or upon any private property whatsoever, within the corporation limits of the City, unless such person individual or Entity first obtains the written permission of the owner of such property so to do. It is further unlawful for such person individual or Entity to deposit or place such materials in any Ssolid Wwaste Ccontainer owned or used by the owner of such property, unless such person individual or Entity first obtains the written permission of the owner so to do. This section is not intended to preclude an individual or Entity person from disposing of waste generated at a Commercial Bbusiness in Ccontainers provided for customers of the Commercial Bbusiness, such as empty food containers being placed in public Solid Wwaste Ccontainers at a fast food restaurant. 2022/06/14 City Council Post Agenda Page 157 of 636 8.24.060 Owner or occupant responsibility to maintain sanitary premises. Every owner, tenant, occupant, or individual or Entity person owning or having the care and or control of any premises or property in the City shall keep said premises or those under his/her care and control property in a clean and sanitary condition, and no individual or Entityperson shall permit any solid wasteGarbage or any other substance which may be or will become offensive to be deposited or to remain in or upon any premises or property owned or occupied by hithemm or under histheir care and or control, except as otherwise expressly permitted by this Cchapter. It shall be the responsibility of such individual or Entityperson to provide for weekly scheduled Garbagesolid waste Ccollection service by means of the City’s contract or franchise agentAuthorized Collector and pay for such services pursuant to this Cchapter. However, any such individual or Entityperson subject to the mandatory requirement may remove or convey their own waste to a state-permitted Llandfill or Ttransfer Sstation by applying for an exemption in writing in advance and receiving such exemption pursuant to CVMC 8.24.180. Any dispute as to such exemption may be appealed to the City Manager. 8.24.070 Solid waste – Collection prohibited when – Burning prohibited. A. No personindividual or Entity shall collect, remove, or convey, or cause or permit to be collected, removed or conveyed, any Rresidential, Ccommercial or Iindustrial Ssolid Wwaste upon or along any public street, alley, or any other public place in the City; provided, however, the prohibitions of this section shall not apply to authorized employees of the City, or to any person or firm or employees thereofindividual or Entity, with whom the City or a local school district has entered into a contract or franchise for the Ccollection, Rremoval, or disposal of Ssolid Wwaste, or to the occupant or owner of any residence personally removing their own Ssolid Wwaste from said residence or Ccommercial establishment Business or as may otherwise be permitted or required by federal or state laws that legally supersede the provisions of this Cchapter. Occupants or owners removing or conveying their own waste shall comply with the provisions of this Cchapter and all local, state, and federal regulations regarding the safe transportation and disposal of wastes. B. It is unlawful for any individual or Entityperson to burn or bury any Ssolid Wwaste as a means of disposing of said waste. 2022/06/14 City Council Post Agenda Page 158 of 636 8.24.080 Solid wasteGarbage – Containers approved for use by small quantity generators (single-family residential and small businesses with cart service) and large quantity generators (bin or roll-off service) for solid waste, organic waste and recyclables.garbage. A. It is unlawful for any Ssmall Qquantity Ggenerator in a Rresidential area to keep or store any solid waste, and recyclables and organic wasteGarbage within Ccontainers except those provided by the City’s Authorized Collector contract or franchise agent. Large Qquantity Ggenerators shall utilize Ccontainers provided by the City’s Authorized Collector contract or franchise agent. Compactor Ccontainers or other receptacles provided by Llarge Qquantity Ggenerators, such as Ccommercial and Iindustrial customers, must be approved by the City’s contract or franchise agent Authorized Collector for compatibility with Ccollection equipment before use. Use of incompatible compactors or other Ccontainers is not allowed and the purchase or lease of such equipment will not be considered grounds for an exemption from mandatory service. B. Further, Eevery individual or Entityperson having the care or control of any place or premises or property within the City where solid wasteGarbage accumulates or exists shall cause such solid waste Garbage to be placed and kept in such watertight Ccontainers, with lids securely fitted, and in a number adequate to contain the total amount of solid wasteGarbage (refuse, recycling and organic waste) accumulating during the maximum allowed one-week interval between each Ccollection or Rremoval thereof. C. Enclosures for solid wasteGarbage Ccontainers must be of adequate size to hold the number of Ccontainers required to temporarily store the refuse, recycling and organic waste Garbage generated in between service intervals, pursuant to subsection (A) of this section. The enclosures shall also be adequate in size to accommodate other ancillary Ccollection and Rremoval services, i.e., grease rendering as defined in CVMC 19.58.340. 8.24.090 Solid wasteGarbage – Placement in containers or bundles – Restrictions. All solid wasteGarbage shall be kept within sturdy Ccontainers made of metal or plastic, and no solid wasteGarbage shall be placed in any Ccontainer so that it protrudes or extends beyond such 2022/06/14 City Council Post Agenda Page 159 of 636 Ccontainers. Containers shall also have tight-fitting lids sufficient to keep out the rain and prevent litter. Every owner, tenant, occupant, or individual, or Entityperson having responsibility for a premises or property shall subscribe for adequate service and maintain the number of rigid Ccontainers and lids sufficient to separately hold their weekly solid waste Garbage(refuse, recyclables and organic waste). Organic waste and other designated recyclables shall never be placed for collection in plastic bags. Cardboard containers shall not be used as solid wasteGarbage containers and should be emptied, broken down, and placed at the Ddesignated Ccollection Llocation for Ccollection with Rrecyclables. A. The following actions are approved for solid wasteGarbage by Ssmall Qquantity Ggenerators (Ssingle-Ffamily Rresidential and small businesses with curbside Ccollection service): 1. Color-coded and specially marked Ccontainers will be provided upon request by the City’s contract or franchise agentAuthorized Collector for used oil and, oil filters, and designated recyclables at no additional charge. Color-coded and specially marked containers for organic waste will be provided at the resident’s option. 2. Brush and limbs of trees may be placed outside of organic waste containers, tied with natural fiber (compostable) twine into bundles of not more than four feet in length, 18 inches in diameter and 35 pounds in weight; 23. Any individual or Entityperson desiring to receive different, additional, or more frequent service may do so through the contract or franchise agentAuthorized Collector, on mutually agreeable terms and conditions, by contacting the contract or franchise agentAuthorized Collector at least two days before their regular refuse Garbage Ccollection service day. B. The following actions are prohibited for Ssmall Qquantity Ggenerators: 1. Use of severely damaged Ccontainers or Ccontainers with jagged or sharp edges (said Ccontainers will be appropriately tagged by contract or franchise agentthe Authorized Collector the first time notedobserved and will be Ccollected by contract agentthe Authorized Collector if used subsequently to being so tagged); 2. Placement of Hhazardous or Ttoxic Wwastes, such as solvents, paints, pesticides, fuels, explosives and medical wastes, at the Ddesignated Ccollection Llocation for Ccollection by the City or the Authorized Collectorany contract or franchise agent(s). This prohibition is not intended to exclude the door-to-door Ccollection of any Hhazardous Wwaste, by appointment, 2022/06/14 City Council Post Agenda Page 160 of 636 by a contractor licensed by the City and permitted by the State Department of Toxic Substances or the Ccounty environmental health department; 3. Placement of Cconstruction and Ddemolition Wwaste at the Ddesignated Ccollection Llocation for service by the City contractor or franchise agentAuthorized Collector, which may resist compaction or damage equipment, such as large metal objects, concrete blocks, dirt, or tires. This prohibition is not intended to prevent a resident from making an appointment for free bulky pick-up, free used oil and filter collection, or contracting with the City contract or franchise agentAuthorized Collector for a temporary bin for construction debris or, metals, organic waste and source-separated recyclable materials; 4. Deposit of solid wasteGarbage or any other material in waste Ccontainers intended for use by, or belonging to, others; 5. The disposal of Garbage in designated Rrecyclables and Oorganic Wwaste in solid waste Ccontainers. C. Enforcement. 1. Generators that fail to place solid wasteGarbage (refuse, recyclables or organic waste) out for Ccollection in proper Ccontainers or fail to properly separate recyclables will be tagged with a notice and provided with proper instructions. 2. Repeated violation of proper set-out and/or separation after notification by the City or its contract or franchise agentthe Authorized Collector will be subject to additional notification of a Chula Vista Municipal Code violation by notice of violation or administrative citationenforcement measures as specified in CVMC 8.25.105. 8.24.100 Solid wasteGarbage – Placement of containers for collection – Times. No solid wasteGarbage shall be placed for Ccollection in an alley or on the curb or the streets before 6:00 p.m. on the day immediately prior to the scheduled cCollection day. No personindividual or Entity shall permit solid wasteGarbage containers to remain on the street or alley after 8:00 p.m. of the Ccollection day. Collection point shall be in front of the Rresidential property at the curbline or as close thereto as possible without creating an obstacle on the sidewalk. All Garbagesolid waste placed at such Ccollection points shall be deemed a request for service by the City’s contract or franchise 2022/06/14 City Council Post Agenda Page 161 of 636 agentAuthorized Collector. Carts shall be placed at least 1.5 feet apart, with wheels against the gutter; manually collected items, such as bulky pick-up items, standard yard waste containers and designated used-oil recycling containers shall also be 1.5 feet from carts. 8.24.110 Reserved. (Ord. 2992 § 1, 2005). 8.24.120 Reserved. (Ord. 2992 § 1, 2005). 8.24.130 Reserved. (Ord. 2992 § 1, 2005). 8.24.140 Reserved. (Ord. 2992 § 1, 2005). 8.24.150 Reserved. (Ord. 2992 § 1, 2005). 8.24.160 Reserved. (Ord. 2992 § 1, 2005). 8.24.170 Reserved. (Ord. 2992 § 1, 2005). 2022/06/14 City Council Post Agenda Page 162 of 636 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. A. Payment Obligation. The City Council finds and determines that the regular Ccollection of Ssolid Wwaste, organic waste and designated recyclablesincluding Garbage, Organic Waste, and Recyclable Materials, and the disposal or processing thereof by the contract or franchise agent of the CityAuthorized Collector from all places in the City, is a part of the Iintegrated Ssolid Wwaste Mmanagement service to the premises or property from which it is collected. All owners and occupants of premises or property within the City shall be responsible for paying the monthly Ccollection service rate charged by the City or its contract or franchise agentAuthorized Collector, or shall comply with the provisions of this Cchapter for an exemption from mandatory service as set forth in subsection (H) of this section. No personindividual or Entity that has not previously applied for and received an exemption shall willfully fail, neglect, or refuse, after demand by the City or its contract or franchise agentAuthorized Collector, to pay the service fees. B. Billing and Payment. All Ssolid Wwaste service charges shall be billed upon a monthly or bimonthly basis as determined by the City Council, and shall be due and payable by the owner or /occupant at the time indicated in the billing statement. The City’s solid waste contract or franchise agentAuthorized Collector will provide Ssolid Wwaste Bbilling services, and, subject to the provisions of this Cchapter, be primarily responsible for the collection of payments. The due date for each class of Ggenerator shall be clearly indicated on the bill or /invoice. If the due date falls on a Saturday, Sunday, or legal holiday, the customer will have until the end of the next regular business day to make payment. Payments made by mail must be postmarked no later than midnight of the due date on the invoice. Payments may be made in person on or before the due date between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, at the contract or franchise agentAuthorized Collector’s Chula Vista office. C. Billing Cycles, Classifications and Due Dates. All Ssolid Wwaste service charges for Ssmall Qquantity Ggenerators (Rresidential dwellings and businesses with curb or alley cart service) shall be billed bimonthly in advance. The due date for Ssmall Qquantity Ggenerator invoices shall be the last day of the bimonthly billing cycle. Solid Wwaste service charges for Llarge Qquantity Ggenerators (Rresidences and businesses with bin, compactor or Rroll-Ooff Sservice) shall be billed monthly in arrears. The due date for Llarge Qquantity Ggenerator invoices shall be 15 days after the last day of the monthly billing cycle. The cost of temporary services such as Iindustrial roll-off boxes may be applied to the monthly or bimonthly billing statements of existing customers, secured by a line of credit or paid for as “Cash On Delivery” (COD) as mutually agreed by the City contract or franchise 2022/06/14 City Council Post Agenda Page 163 of 636 agentAuthorized Collector and the customer. The City will direct the contract or franchise agentAuthorized Collector to deliver invoices to the Postal Service in a manner that will provide the customer no less than 15 days for delivery and payment of their invoice without penalty. D. Service Rates. The contract or franchise agentAuthorized Collector shall set service rates subject to a maximum rate established by the City Council. A complete schedule of maximum rates shall be kept on file with the City Clerk and is available for public review. Maximum rates may be subject to increase pursuant to the terms of the City’s contract or franchise with the contract or franchise agentAuthorized Collector. Subject to the terms of the then-in-effect contract or franchise, the City Council may from time to time establish such rates by resolution, including the establishment of rates for different classifications of Ggenerators (Rresidential, Ccommercial, Iindustrial or subclassifications thereof) or types of materials generated, including preferential or discounted rates for senior citizens or low-income families or other classifications which are deemed to be in the public interest. E. Penalties for Delinquency – Notification. 1. Delinquent Accounts – Generally. A bill shall be considered delinquent if payment in full is not received by the close of business or postmarked before midnight of the due date as shown on the bill. However, when the final day falls on a Saturday, Sunday, or legal holiday, payment may be made without penalty on the next regular business day. 2. Late Notice. In the event the owner or occupant of any premises, property, or business shall be delinquent in payment of any part or all of the Ssolid Wwaste fees and delinquency continues for a period of 10 days after the due date shown on the bill or invoice, the City’s contract or franchise agentAuthorized Collector shall send notification (“late notice”) to the owner and occupant informing both of the amount owed and the schedule of penalties and costs accrued at each stage of delinquency as defined below. The notification to the owner shall be mailed to the name and address listed on the last available property tax assessment roll and shall include the potential delinquency amount to be assessed as a lien and collected on the owner’s property tax bill. If payment in full is not received by the due date on the bill or /invoice, the City or its contract or franchise agentAuthorized Collector may impose a one-time late/processing fee equal to 10 percent of the charges owed for Llarge Qquantity Ggenerators or $10.00 for Ssmall Qquantity Ggenerators. In addition, for each 30 days the delinquent bill remains unpaid, the City or its contract or franchise agentAuthorized Collector may impose additional late/processing fees equal to one and one-half percent of the outstanding debt. If the bill or invoice is not paid within 15 days of the bill or invoice due date, the City contract or franchise agentor its 2022/06/14 City Council Post Agenda Page 164 of 636 Authorized Collector may charge an additional restart fee of $10.00. (The penalties and restart fee are designated for administrative convenience only in the master fee schedule.) The City or its contract or franchise agent Authorized Collector must at minimum send one bill or /invoice at least 10 days before the due date and one notification letter by first class mail to the owner or occupant prior to assessing a penalty. 3. Final Late Notice. In the event that the owner or occupant of any premises, property, or business is delinquent in payment of all or any part of the Ssolid Wwaste bill or invoice, other than that for which they have applied for and received an exemption from the City, for a period of 90 days after the due date of the bill or invoice, the City or its contract or franchise agentAuthorized Collector shall send a second notification (“final late notice”) to the owner and occupant. The notification shall include the total current amount due, a description of the potential penalties for delinquent amounts, and a description of the potential lien process, the location where the bill or invoice may be paid in person during regular business hours and a self-addressed return envelope for payment by mail. 4. Final Notice of Delinquency. Prior to setting a hearing to consider a lien pursuant to the process set forth below, the City or its contract or franchise agentAuthorized Collector will send notification (“final notice of delinquency”) to the property owner and occupant with a detailed description of the amount owed, the penalty schedule, lien procedure and associated costs, and administration fees (the penalties and fees are designated for administrative convenience only in the master fee schedule). When the full amount for said Ssolid Wwaste service charge is not paid within 15 days after the final notice of delinquency, the City or its contract or franchise agentAuthorized Collector shall assign the delinquent account to the City for collection. Upon such assignment, the delinquent charges, penalties and fees may be collected by the City: a. Pursuant to a lien imposition and property tax bill process provided below; b. By suit in any court of competent jurisdiction; or c. By any other manner permitted by law or equity at the City’s discretion. F. Lien Process for Solid Waste Services. 1. Hearing and Lien – Notice. When the full amount for said Ssolid Wwaste service charge is not paid within 15 days after the final notice of delinquency, the City Clerk may set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting, which will be 2022/06/14 City Council Post Agenda Page 165 of 636 held at least seven calendar days after such 15-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing at least 10 days in advance of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council chambers in the City Hall. 2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision of the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest, and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative processing fee to offset the costs incurred by the City in administering the provisions of this Cchapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount that shall be charged to the property owner on the next regular tax bill under subsection (F)(2) of this section. G. Solid Waste Service Deposits Required When – Amount. The City or its contract or franchise agent Authorized Collector has the right to require deposits from the owner or occupant of any premises or property who has allowed his/hertheir bill or invoice for Ssolid Wwaste service charge to become 2022/06/14 City Council Post Agenda Page 166 of 636 delinquent or who does not have an acceptable credit rating. Deposits shall be equal to the estimated amount of the Ssolid Wwaste service charges for two billing cycles, but in no event shall the deposit be less than $25.00. H. Request for Exemption from Fees or Services – City – Approved Exception. 1. Duration of Exemption. All exemptions and extensions granted will be for a period of not more than 180 days. Applicants that have been cited with a notice of violation or administrative citation and those that have been late on Ssolid Wwaste fee payments within the past six months will not be qualified for an exemption. 2. Process for Making Request. Requests for an exemption from mandatory Ssolid Wwaste services shall be made on a form provided by the City. Requests on the required form shall be completed by the applicant and submitted to the City or its contract or franchise agentAuthorized Agent, as outlined on the form. An exemption request will only be considered if the applicant demonstrates that it meets one of the bases set forth in subsections (H)(4)(a) through (H)(4)(d) of this section. 3. Conditions of an Approved Application. Applicants shall agree to an inspection of their premises to verify compliance with Ssolid Wwaste diversionProcessing. Failure to notify the City or the City’s contract or franchise agentAuthorized Collector in writing prior to reoccupying the premises, or otherwise altering compliance with the exemption conditions, shall constitute delinquency of payment for Ccollection charges, and charges and penalties shall be retroactive to the first day of the exemption period. In all cases, property owners and/or their agents will be expected to maintain sanitary premises pursuant to CVMC 8.24.060 including, but not limited to, litter abatement, clean sidewalks and gutters, and Solid Waste Processing requirements (as applicable), organic waste recycling (as appropriate), throughout the exemption period. 4. Bases for Granting Exemption, and Special Terms. Exemptions will not apply retroactively except as stated in subsection (H)(4)(a) of this section (vacancy exemption). All exemptions requested by tenants shall also be signed by the property owner. An exemption will only be granted if the City or its contractor or franchise agentAuthorized Collector determines that the exemption request meets the criteria of subsection (H)(4)(a), (H)(4)(b), (H)(4)(c), or (H)(4)(d) of this section. The City retains the right to review and modify any decision made by the contractor or franchise agentAuthorized Collector. a. Vacancy Exemption for Unoccupied Premises. In the event that the premises or property are unoccupied and all water, sewer, electricity, and gas are also disconnected or in the case 2022/06/14 City Council Post Agenda Page 167 of 636 of military deployment of all occupants, an owner or occupant of a residence or business may request a vacancy exemption. Should the premises be unoccupied due to a death or similar hardship, the executor, beneficiary or Ccounty probate Administrator may request a retroactive exemption. It is the responsibility of the occupant and/or the property owner to cancel an exemption for vacancy and restart service if the property is to be occupied before the end of the exemption period. b. Self-Haul. Occupants or tenants of premises or property may apply for an exemption from fees for all or part of the Ssolid Wwaste, organic waste and recycling services and remove or convey Solid Wwaste and/or recyclables for processing and disposal which they generate themselves. Such personsindividuals or Entities must provide weekly receipts for disposal at a state-permitted Llandfill or Ttransfer Sstation and/or appropriate Rrecycling facility at the end of each billing cycle or upon demand by the City or its contract or franchise agentAuthorized Collector. Individuals or EntitiesPersons provided an exemption are still subject to state-mandated Organic Wwaste and Recycling diversion goals and may not: (i) dispose of their waste in the waste receptacleContainer of another Ggenerator in Chula Vista or another jurisdiction, or in a park or street litter bin, (ii) contract with a third party to remove and convey their waste, (iii) burn their waste in their fireplace or by other means, (iv) dispose of designated rOrganic Waste or Recyclables, or otherwise improperly dispose of Solid Wwaste or recyclables as established in CVMC 8.24.040, 8.24.045 and 8.24.050. A Sself-Hhauler exemption is not a permit to haul Solid Wwaste generated by a second party. c. Source Reduction, Recycling and Composting Exemption. The occupant or /owner of any premises or property may apply for an exemption from all or part of the Ssolid Wwaste, yard waste and recycling fees for 100 percent diversion (no disposal of any kind, anywhere). Such personsindividual or Entity must provide a written description of their Ssolid Wwaste management plans, to comply with the state-mandated Llandfill diversion goal, and the City’s Iintegrated Ssolid Wwaste Mmanagement plan, and State Waste Laws. d. Property owners and occupants within an area newly annexed to the City that was not currently using the City’s contract or franchise agent Authorized Collector may use the service of a private refuse collection service other than the City’s franchise agent Authorized Collector for a period not to exceed one billing cycle. If the owner or occupant was under a preexisting franchise agreement with a private refuse collection service other than the City’s contract or franchise agentAuthorized Collector, they may remain with that service to the 2022/06/14 City Council Post Agenda Page 168 of 636 extent required by law until the end of the agreement period, less any extensions in that agreement, for a period not to exceed 180 days. e. The City or its contractor or franchise agentAuthorized Collector may suspend collection service and/or charges from a Llarge Qquantity Ggenerator for: i. Vacancy; ii. Delinquency of payment subsequent to implementation of subsection (E) of this section; or iii. Mutual agreement by the City and contract or franchise agentAuthorized Collector. The contractor Authorized Collector shall notify the City quarterly of all suspended accounts that did not result in payment. 8.24.190 Reserved. (Ord. 2992 § 1, 2005; Ord. 2764 § 1, 1998). 8.24.195 Mandatory recycling for exempt and reduced rate customers. Where a Ssolid Wwaste ratefee reduction or exemption is granted hereunder, the affected partyindividual or Entity shall not be exempted from and shall remain subject to the mandatory Rrecycling and Organic Waste obligations of Chapter 8.25 CVMC ordinance. Each personindividual or Entity receiving a ratefee reduction or exemption shall be responsible for doing his or her equitable share to assist the City with the 50 percent Llandfill diversion goals mandated by the California Integrated Waste Management Act of 1989 (AB 939) and California statewide effort to reduce emissions of short-lived climate pollutants (SB 1383 Lara, Chapter 395, Statutes of 2016) State Waste Laws including, but not limited to, participation in source reduction, reuse, Rrecycling and Ccomposting of Solid Waste the designated recyclables and household hazardous waste as applicable. Failure to comply with this Chapter, Chapter 8.25 CVMC, or State Waste Laws the mandatory recycling ordinance or disposal of solid waste at a site other than the premises or property where the Solid Wwaste was generated shall be cause for termination of the exemption or reduced ratefee and shall subject the rate payerindividual or Entity to paying the full cost of service for the full period of the exemption or reduced ratefee, plus any applicable penalty for violation of CVMC 8.24.040, 8.24.045 and 8.24.050this Chapter or Chapter 8.25 CVMC. 2022/06/14 City Council Post Agenda Page 169 of 636 8.24.200 Interference with collection and scavenging prohibited when. It is unlawful for any person or personsindividual or Entity, other than the City contract or franchise agent as defined herein and authorized by the City to collect solid waste or household hazardous wasteAuthorized Collector, to interfere in any manner with any Ssolid Wwaste or, household Hhazardous Wwaste, designated recyclables or organic waste c Container or the contents thereof, whether owned by private personsindividuals or Entities, the City, or by its contract or franchise agentthe Authorized Collector, or to remove any such Ccontainer or its contents from the location where the same was placed by the owner thereof. This provision is not intended to prohibit any person, firm or corporationindividual or Entity generating a reusable, Rrecyclable, or Ccompostable commodity from selling or giving the same as he, she orthey it may desire; provided, that the commodity(ies) shall be removed and conveyed in a manner strictly in accordance with the rules and regulations of the County Department of Environmental Health, this Cchapter and Chapters 8.23 and 8.25 CVMC, and that such commodities shall be diverted from a Llandfill, transformation facility, or other land application or other use not expressly recognized as diversion by the City or the California Integrated Waste Management Act of 1989State Waste Laws. 8.24.210 Littering – By private persons prohibited where. No person or personsindividual or Entity shall leave, discard, deposit, throw away, or cause to be left, discarded, deposited, or thrown away, any Ssolid Wwaste, Hhazardous Wwaste, or medical waste of any type including, but not limited to, paper, wood, glass, plastic, metals, Oorganic Wwaste, upon any street, alley, gutter, sidewalk, parkway, park, or recreational area in the City. 8.24.220 Littering – By corporations or persons prohibited where. It is unlawful for any individual or Entity person, firm, company or corporation to deposit upon any sidewalk or street within the City any sweepings from any sidewalk, stairway, or other opening leading to the street or sidewalk. All such sweepings or material from any sidewalk or any other opening leading to the street or sidewalk within the City shall be removed in a pan, shovel, or other container and placed in a Ccontainer for Ssolid Wwaste, includingor an Oorganics waste recyclingContainer or Rother recycling Ccontainer as appropriate. 2022/06/14 City Council Post Agenda Page 170 of 636 8.24.230 Owner or occupant duty to keep sidewalks free of litter. It shall be the duty of all owners and occupants of buildings in the City and the duty of all owners of vacant lots in the City to keep the sidewalks adjacent to such premises clean and free of any Ssolid Wwaste of any type including, but not limited to, paper, wood, glass, plastic, metals, Oorganic Wwaste, noxious weeds and or vegetation, or other organic matter. 2022/06/14 City Council Post Agenda Page 171 of 636 Chapter 8.25 RECYCLING, ORGANIC WASTE, AND EDIBLE FOOD RECOVERY Sections: 8.25.010 Purpose and intent. 8.25.020 Definitions. 8.25.030 Mandatory fees for recycling. 8.25.035 Reserved. 8.25.040 Separation of recyclable materials, storage, and containers. 8.25.050 Mandatory recycling. 8.25.060 Recycling programs. 8.25.070 Reports. 8.25.080 Scavenging. 8.25.090 Composting. 8.25.095 Construction and demolition debris recycling. 8.25.100 Enforcement. 8.25.110 Severability. 8.25.010 Purpose and intent. 8.25.020 Definitions. 8.25.025 Authority to administer. 8.25.030 Collection and fees. 8.25.035 Waivers. 8.25.040 Storage and containers. 8.25.050 Separation of recyclable materials and organic waste. 8.25.055 Commercial education and outreach programs. 8.25.060 Commercial edible food generator requirements. 8.25.065 Food recovery organization and service requirements. 8.25.070 Reports. 8.25.075 Self-haulers. 8.25.080 Scavenging. 8.25.090 Composting. 8.25.095 Construction and demolition debris recycling. 8.25.100 Inspections and investigation. 8.25.105 Violations and penalty. 2022/06/14 City Council Post Agenda Page 172 of 636 8.25.110 Severability. 8.25.010 Purpose and intent. The purpose of this chapter is to provide standards for integrated solid waste management, to include source reduction, recycling and composting of solid wastes, in order to provide for the long- term health, safety and welfare of Chula Vista residents through extending current landfill capacity, preserving resources, and providing for the general protection of the environment. The chapter provides for regulation of the storage, collection, transportation and recovery of marketable and recyclable materials. (Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992). The purpose of this Chapter is to provide for regulation of the Storage, separation, Collection, transportation, and Recovery of Recyclable Materials, Organic Waste, and Edible Food. 8.25.020 Definitions. For purposes of this chapter, and other Municipal Code provisions referring hereto, the following words shall have the meanings ascribed thereto, unless the context in which they are used clearly indicates another meaning: “Aluminum” means recoverable materials made from aluminum, such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City of Chula Vista. “Bin” shall mean those plastic or metal containers of one cubic yard (202 gallons) to eight cubic yards that have plastic lids on the top (unless metal lids are designated by the City Manager). Bins are used for weekly or more frequent collection of waste, organic waste or designated recyclables by the City or its franchise agent. “Bulky waste” means discarded items whose large size or shape precludes or complicates their handling by standard residential or commercial solid waste, recycling and organic waste collection methods. Bulky items include white goods, furniture, large auto parts, trees, stumps, carpet and other 2022/06/14 City Council Post Agenda Page 173 of 636 potentially oversized wastes. “Bulky waste” does not include hazardous or infectious waste unless specifically exempt, such as freon-containing refrigerators. “Buy-back center” means a facility licensed and permitted by the Department of Conservation and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility of source- separated materials for the purpose of recycling or composting. When used in this Chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to State Laws, including references to any California statutes or regulations, is deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this Chapter. “Authorized Collector” means an individual or Entity authorized under and by virtue of a contract, franchise, or permit with the City to collect, remove, or dispose of Solid Waste, including Garbage, Recyclable Materials, and Organic Waste generated in the City. “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. “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). “Cardboard” means post-consumer waste paper grade corrugated cardboardCardboard (grade No. 11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recoveryRecovery for recycling. “Carts” shall mean those plastic containers with a capacity of less than 202 gallons (one cubic yard). Carts shall have a fixed lid and are designed for automated and/or semi-automated collection of solid waste, organic waste and/or designated recyclables by the City or its franchise agent. “City” shall mean” means the City of Chula Vista, a municipal corporation of the stateState of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form. 2022/06/14 City Council Post Agenda Page 174 of 636 “City Manager” means the City Manager of the City of Chula Vista, or the City Manager’s designee. “Collection” means the act of removing and conveying nonhazardous and noninfectious solid wasteSolid Waste, commingled or source-separatedSource-Separated materials, from residential, commercial, industrial, or institutional (governmental) generatorsResidential, Commercial, Industrial, or Institutional Generators to a facility for processing, compostingProcessing, Composting, transfer, disposal, or transformation. “Commercial” means a site and/or business zoned or permitted for any use other than residential including, but not limited to, commercial, light industrial, industrial and agricultural and is serviced by a cart bin or compactor collection vehicle. “Commercial recyclables” means designated recyclable materials “Commercial” means of or relating to businesses, whether for profit or non-profit, and their activities. “Commercial Business” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for profit or non-profit, strip mall, Industrial facility, hotel, motel, and other transient occupancy facility, or as otherwise defined in 14 CCR Section 18982(a)(6). Multi-Family premises or properties are considered Commercial Businesses for purposes of this Chapter. “Commercial Edible Food Generator” means a Tier One or a Tier Two Commercial Edible Food Generator as defined in 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). “Commercial Recyclables” means Recyclable Materials from the two commercialCommercial subcategories of “office” and “hospitality.” Materials include, but are not limited to: organic wasteOffice” and “Hospitality”, including Organic Waste, office paper, cardboardCardboard, newspaper, and aluminum from offices; and cardboard, glass bottlesOffices; and jars, plastic bottlesCardboard, Glass Bottles and Jars, Plastic Bottles, aluminum, tin and bimetal cans, and white goodsWhite Goods. “Compactor containersContainers” means those fully enclosed metal containersContainers of two to 40 cubic yards provided by the City’s haulerAuthorized Collector or customer. Compactors typically serve very large quantity generators. “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source-separated from the municipal solid waste streamSource Separated Organic Waste. 2022/06/14 City Council Post Agenda Page 175 of 636 “Composting” shall meanmeans the controlled and monitored process of converting organic wastesOrganic Waste into compostCompost. "Container" means a durable, corrosion-resistant, non-absorbent, leak-proof, watertight, odor-proof, rodent-resistant box, barrel, bin, canister, cart, dumpster, receptacle, or other approved device used for the purpose of holding Garbage, Recyclable Materials, or Organic Waste for Collection. “Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. “Construction and demolition wasteDemolition Waste” means used or discarded materials removed from the premises or property during demolition, dredging, grubbing, andor building, resulting from constructionConstruction, remodeling, repair, and/or demolitionDemolition activities on housing, commercialResidential or Commercial premises or properties, governmental buildings, andor other structures and pavement. “Contract or franchise agent(s)” means any person or private or public entity designated by the City Council, pursuant to Article XII of the City Charter and Chapter 8.23 CVMC, as being responsible for administering the collection, processing and/or disposal of solid waste or designated recyclables. “Conversion rateRate” means the rate set forth in the standardized conversion rateConversion Rate table approved by the City pursuant to this chapterChapter for use in estimating the volume or weight of materials identified in a waste management reportWMR. “Covered project” shall have the meaning set forth in CVMC 8.25.095. “Curbside collection” means the service of removing and conveying nonhazardous and noninfectious solid waste, source-separated recyclables and/or organic waste from the public thoroughfare at the curb or alley. (The City shall make the final determination regarding eligibility for curbside collection, which shall generally apply to small quantity generators.) “Demolition” means the decimating, deconstructing, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building, whether in whole or in part, whether interior or exterior. “Designated containers” (“containers”) shall mean those containers designated by the City Manager for temporary storage and collection of waste or designated recyclables including but not limited to curbside bins, carts, bins, roll-off boxes, and/or compactor containers. 2022/06/14 City Council Post Agenda Page 176 of 636 “Designated recyclables” means those materials designated by the City Manager for recovery or reuse. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small quantity or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program. The list includes, but is not limited to: newspaper (ONP), mixed paper (MP), corrugated cardboard (OCC), steel, tin and bimetal cans, metal coat hangers, aluminum containers, white goods, glass food and beverage containers, No. 1 and No. 2 plastic containers, all California redemption containers, used oil, used oil filters, organic waste, clean lumber, concrete and asphalt. “Designated solid waste and recycling collection or storage locationCollection Location” means a place designated by the City Manager for storage and/or collection of waste, organic waste and/or recyclables pursuant to CVMC 8.24.100.Storage or Collection of Solid Waste, including Garbage, Organic Waste, and Recyclables, pursuant to CVMC 8.24.100. Designated locations include, but are not limited to, the curb, alley, waste/recyclingRecycling enclosure, a loading dock, or basement of a commercial enterprise or multifamily complexCommercial Business or Multi-Family premises or property where waste and recyclables areSolid Waste is placed for collectionCollection or temporary storage prior to collection by the City’s franchise agentAuthorized Collector. “Diversion requirementRequirement” means the diversion of 100 percent of inert wasteInert Waste, to include asphalt, concrete, bricks, tile, trees, stumps, rocks, andor associated vegetation andor soils resulting from land clearing, and not less than 50 percent of the remaining waste generated, via reuse or recyclingRecycling, unless a partial or full diversion exemption has been granted pursuant to CVMC 8.25.0958.25.095, in which case the diversion requirementDiversion Requirement shall be the maximum feasible diversion rate established by the Waste Management ReportWMR Compliance Official for the projectProject. “Divert” means to use material for any purpose other than disposal in a landfillLandfill or transformation facility. “Franchised recyclables” means any residential, commercial or industrial recyclables, as defined herein, to be collected by the City’s contract agent or franchisee, placed in designated recycling containers or at designated recycling collection or storage location(s). 2022/06/14 City Council Post Agenda Page 177 of 636 “Garbage” means all nonhazardous, noninfectious waste, except organic wastes separated therefrom and used in composting or anaerobic digestion in accordance with CVMC 8.25.090. “Generator” means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare. “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. “Enforcement Action” means an action of the City to address non-compliance with this Chapter including issuing administrative citations, fines, penalties, or using other remedies. “Enforcement Agency” or “enforcement agent” means any individual, Entity, or governmental agency authorized or directed by the City Manager to enforce any provision of this Chapter or Chapter 8.24 CVMC, including any peace officer. Employees or agents of an Enforcement Agency may carry out Inspections and enforcement activities pursuant to this Chapter or Chapter 8.24 CVMC. The City is an Enforcement Agency for all sections of this Chapter and Chapter 8.24 CVMC. The City may choose to additionally delegate enforcement responsibility for certain sections to other governmental agencies. “Entity” means any firm, partnership, joint venture, association, social club, fraternal organization, establishment, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, non-profit organization, or any other group or combination acting as a unit. “Food Distributor” means an individual or Entity that distributes food to entities including Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). “Food Facility” has the same meaning as set forth 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 individual or 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: 2022/06/14 City Council Post Agenda Page 178 of 636 (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. “Food Recovery Service” “means an individual or Entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other Entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food Waste” means all food, including fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. “Food Service Provider” means an individual or Entity primarily engaged in providing food services to Institutional, 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). “Garbage” means all Solid Waste, except Recyclable Materials, Organic Waste, and Edible Food. “Garbage Container” means a Container provided by the Authorized Collector for the purpose of Storage and Collection of Garbage. Garbage Container has the same meaning as “gray container” in 14 CCR Section 18982(a)(28). “Generator” means an individual or Entity that is responsible for the initial creation of Solid Waste. “Glass bottlesBottles and jarsJars” means food andor beverage containers made from silica or sand, soda ash, and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 1450014500) of the California Public Resources Code, as well as glass jarsGlass Jars and bottlesBottles without redeemable value (“scrap”), but excluding household, kitchen, and other sources of noncontainernon-container glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. “Grantee” shall mean the City’s franchise agent(s). 2022/06/14 City Council Post Agenda Page 179 of 636 “Grocery Store” means an Entity 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 bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). “Hazardous or toxic wasteToxic Waste” means any waste material or mixture of wastes which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, andor which generates pressure through decomposition, heat, or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness, or harm to humans, domestic animals, or wildlife, during, or as an approximate result of, any disposal of such wastes or mixtures of wastes as defined in Section 2511725117 of the California Health and Safety Code, which is not legally disposable at a Class III landfillLandfill. “Hospitality” means any establishment that offers dining services, food, or beverage sales. This includes such services at taverns, bars, cafeterias, and restaurantsRestaurants, as well as motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurantRestaurant or bar, on their premises. “Improper disposal” means the discarding of any item or items upon public or private premises that were not generated on the premises as a part of its authorized use, unless written consent of the property owner is first obtained. “Improper disposal site” means any premises that have intentionally or unintentionally accumulated solid waste or recyclables and/or charged a fee for accepting material without a solid waste or composting permit from the county local enforcement agency. This does not include businesses licensed and permitted in the City to purchase source-separated recyclables. “Incidental wasteWaste” means less than one pound of waste deposited in a public litterGarbage bin or designated waste container Container to prevent litter, such as waste from a fast food meal deposited in a designated waste containerContainer or public litter bin by a pedestrian or vehicle operator. “Industrial” means any form of mechanized manufacturing facilities, factories, refineries, and construction and demolitionor Construction or Demolition operations, excluding hazardous wasteHazardous Waste operations. “Industrial generatorGenerator” means any property or generatorGenerator that is engaged in the manufacture of products including but not limited to construction and demolition. Construction or 2022/06/14 City Council Post Agenda Page 180 of 636 Demolition. Industrial generatorsGenerators are typically serviced by roll-off box containers of 10- yard to 40-yard capacities and typically generate inert materials such as asphalt, concrete, building debris, and some wood and dry organic wasteOrganic Waste. “Industrial recyclablesRecyclables” means recyclablesRecyclables from industrial, construction, and demolitionIndustrial, Construction, or Demolition operations, including, but not limited to, asphalt, concrete, dirt, land-clearing brush, sand, and rock. “Industrial solid wasteSolid Waste” means solid wasteSolid Waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and/Construction or Demolition Projects, or publicly operated treatment works, excluding recyclablesRecyclables and organic wasteOrganic Waste, if properly handled and treated, and excluding hazardousHazardous or toxic wasteToxic Waste. “Inert wasteWaste” means materials such as concrete, soil, fully cured asphalt, bricks, rocks, slag, ceramics, earthen cooking ware, clay and clay products, crushed glass, fiberglass, roof shingles, and plaster. Inert wasteWaste does not containinclude materials containing putrescible waste or compostableCompostable waste. “Inspection” means a site visit where City or Enforcement Agent reviews records, Containers, and an individual or Entity’s Collection, handling, recycling, or Landfill disposal of Solid Waste handling to determine if the Entity is complying with requirements set forth in this Chapter and State Waste Laws. “Institutional” shall meanmeans any premises owned and/or occupied by local, State and, or federal agencies, typically officeOffice or education facilities with a common waste stream. “Integrated solid waste managementSolid Waste Management” means a planned program for effectively controlling the storageStorage, collection, transportation, processingProcessing and reuse, conversion, or disposal of solid waste, recyclables and/or organicSolid Waste, Recyclables, or Organic waste in a safe, sanitary, aesthetically acceptable, environmentally sound, and economical manner. It includes all administrative, financial, environmental, legal, and planning functions as well as the operational aspects of solid wasteSolid Waste handling, disposal, litter control, and resource recoveryRecovery systems necessary to achieve established objectives. “Landfill” means a disposal system by which solid wasteSolid Waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California 2022/06/14 City Council Post Agenda Page 181 of 636 Code of Regulations, California Public Resources CodeCalifornia Code of Regulations, California Public Resources Code, and the Federal Resource Conservation and Recovery Act. “Large quantity generatorEvent” means an event, including 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 a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes 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 Chapter 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 Chapter. “Large Quantity Generator” means those residential, commercial, industrial and Residential, Commercial, Industrial, or institutional entitiesEntities that generate more than 300 gallons of waste per week excluding source-separated recyclables divertedSource Separated Recyclables Diverted from disposal or transformation. “Mixed waste processingMulti-Family” means a system of recovering recyclables, from the mixed waste stream through separation at a processing facility, transfer station, landfill, or other such facility, instead of separation at the primary waste generation source. “Multifamily” means a structure, or pertaining to Residential premises or structures containing a total of fourproperty with five (5) or more dwelling units in any vertical. Multi-Family premises or horizontal arrangement on a single lot or building siteproperties do not include hotels, motels, or other transient occupancy facilities. “Newspaper” means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines and other periodicals, telephone books, as well as all other paper products of any nature. 2022/06/14 City Council Post Agenda Page 182 of 636 “Non-covered project” shall have the meaning set forth in CVMC 8.25.095. “Nuisance” means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of personsindividuals, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occursincludes conditions that occur as a result of the storage, removalStorage, Removal, transport, processingProcessing, or disposal of solid waste, compostSolid Waste, including Organic Waste, Compost, or Recyclables, and/or designated recyclables Edible Food. A condition upon or use of real property within the City that violates the Municipal Code or state law shall also constitute a Nuisance. “Office” or “offices” for purposes of this chapter shall mean means any officeOffice, combination of officesOffices, or connected building or officeOffice space regardless of officeOffice affiliation, ownership, or occupancy. This includes, but is not limited to, businesses used for retail, wholesale, professional services, legal services, financial services (to include banks), medical services, shipping and receiving areas, churches, schools, colleges, and libraries. “Office paper” means waste paper grades of white and colored ledgers and computer paper. Examples include forms, copy paper, stationery, and other papers that are generally associated with desk and employee work area activity, and any additional materials to be added by ordinance. “Organic waste” means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood materials from trees. Organic waste may also include preconsumer nonedible food waste and postconsumer nonedible food waste, incidental amounts of waxed or plastic-coated cardboard, food-soiled paper, food-soiled cardboard and unpainted and untreated lumber. Organic waste“Organic Waste” means material originated from living organisms and their metabolic waste products, including food, green material, Yard 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). Organic Waste does not include incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board, or other manufactured products that contain glue, formaldehyde, or nonorganic or nonbiodegradable materials. “Organic Waste Generator” means an Individual or Entity that is responsible for the initial creation of Organic Waste. “Organic waste processingWaste Processing” means the accumulation and storageStorage of organic wasteOrganic Waste in a manner that leads to the intentional or unintentional thermophilic decomposition of organic waste.Organic Waste. The acceptance of payment for organic 2022/06/14 City Council Post Agenda Page 183 of 636 wasteOrganic Waste and the accumulation of more than 15 yards or three tons per year of unprocessed, shredded, ground, or compostedComposted material shall constitute organic waste processingOrganic Waste Processing and is subject to the City, County, and State requirements regulating compost and/Compost or solid wasteSolid Waste facilities. Residential, commercial and agricultural sites that generate, stockpile or process organic waste material generated on site and used on site without sale of finished or unfinished material, that are otherwise compliant with all conditions of “Organics Container” means a Container provided by the Municipal CodeAuthorized Collector for nuisance, may apply for an annual exemption.the purpose of Storage and collection of Organic Waste. Organics Container has the same meaning as “green container” in 14 CCR Section 18982(a)(29). “Performance depositDeposit” means cash, money order, check, or surety bond in the amount set forth in CVMC 8.25.095(B)(3). “Plastic bottleBottle” means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo, or other such substances intended for household or hospitalityHospitality use; to be distinguished from nonbottlenon-bottle containers (e.g., deli or margarine tub containers) and from nonhouseholdnon-household plastic bottles such as those for containing motor oil, solvents, andor other nonhouseholdnon-household substances. “Pollution” means the condition caused by the presence in or on a body of water, soil, or air of any solid wasteSolid Waste or substance derived therefrom in such quantity, or such nature and duration, or under such condition, that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. “Prohibited Container Contaminants” means non-Organic Waste placed in an Organics Container, or non-Recyclable Materials placed in a Recycling Container. “Processing” means the reduction, separation, recoveryRecovery, conversion, or recycling of any component(s) of solid wasteSolid Waste. “Project” means any activity which requires an application for a constructionConstruction or demolitionDemolition permit, or any similar permit from the City of Chula Vista. “Putrescible wastesWastes” means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products. Material in this category 2022/06/14 City Council Post Agenda Page 184 of 636 includes, but is not limited to including , kitchen waste, dead animals, and food from containers, etc., except organic wastesOrganic Wastes separated therefrom and used in compostingComposting. “Recyclables” means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: small quantity generator and large quantity generator. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program. “Recycling” shall mean any process by which materials which would otherwise be discarded, deposited in a landfill or transformation facility and become solid waste are collected (source- separated, commingled, or as “mixed waste”), separated and/or processed, and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for reuse. “Recycling box” shall mean those containers with a capacity of 18 gallons to 32 gallons which are supplied by the City or its franchise agent for manual collection of designated recyclables at special events. “Refuse” means garbage and rubbish. “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). “Recyclables” and “Recyclable Materials” has the same meaning as Source Separated Recycling Materials. “Recycling” means the process of collecting and forming used products into new products by reprocessing or remanufacturing them. “Recycling Container” means a Container provided by the Authorized Collector for Recyclable Materials for the purpose of Storage and collection of Recycling Material. Recycling Container has the same meaning as “blue container” in 14 CCR Section 18982(a)(5). 2022/06/14 City Council Post Agenda Page 185 of 636 “Removal” means the act of taking solid wastes or designated recyclablesSolid Waste from the place of generation either by the contract or franchise agent(s),Authorized Collector or by a personan individual or Entity in control of the premises. “Removal frequency” means frequency of removal of solid wastes or recyclables from the place of generation. “Renovation” means any change, addition, or modification in an existing structure. “Residential,” for purposes of this chapter,” means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more personsindividuals, including single- Single-Family and multiple-family dwellingsMulti-Family premises or properties, apartment-hotels, boarding and lodging houses. “Residential” does not include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated as hospitalityHospitality establishments. “Residential recyclables” means those specific recyclable materials from residential solid waste (single-family and multifamily) including, but not limited to, organic waste, aluminum, glass bottles and jars, newspaper, plastic bottles, tin and bimetal cans, white goods, and yard waste. “Reuse” means further or repeated use. “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). “Roll-off serviceService” means service provided for the collection, removalRemoval, and disposal of industrialIndustrial waste such as construction, demolition andConstruction, Demolition, or other primarily inert, putrescible and nonputrescible wastes and organic wastes., or non-Putrescible Wastes and Organic Wastes. Roll-off serviceService is usually provided using metal containers of 10 to 40 cubic yards that are open on the top with doors on one end. “Rubbish” means nonputrescible solid wastesnon-putrescible Solid Wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products, or litter. Such materials that are designated as recyclableRecyclable or compostCompost may be exempt from categorizing as rubbishRubbish; provided, such materials are handled, processed and maintained in a properly regulated manner. “Salvaging or salvageable” means the controlled and/or authorized storagecollection and removalStorage or Removal of solid waste, designated recyclables or recoverable materialsSolid Waste, including Recyclables, Organic Waste, or Edible Food. 2022/06/14 City Council Post Agenda Page 186 of 636 “Scavenging” means the uncontrolled and/or unauthorized removal of solid waste, designated recyclables or recoverable materials. Such activity is unlawful and is a misdemeanor punishable by up to six months in jail and $1,000 in civil penalties under CVMC 8.24.200 and 8.25.080 and Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989. “SB1383” 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.. “SB1383 Regulations” means 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. “Scavenging” means the uncontrolled or unauthorized Removal of Solid Waste, Source Separated Recyclable Materials, or Source Separated Organic Waste. “Self-Hauler” means an individual or Entity that hauls Solid Waste, including Source Separated Organic Waste or Source Separated Recyclable Materials, they have generated to another individual or Entity. Self-Hauler also includes an individual or Entity that 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 or 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 or properties with fewer than five (5) dwelling units. “Small quantity generatorQuantity Generator” means those residential, commercial, industrialResidential, Commercial, Industrial and institutional entities that generate less than 300 gallons of waste per week excluding source-separated recyclables divertedSource Separated Recyclables Diverted from disposal or transformation. “Solid wasteWaste” means all putrescible and nonputresciblenon-putrescible solid, semisolid, and liquid wastes, such as refuse, garbage, rubbishincluding Garbage, Rubbish, ashes, industrialIndustrial wastes, demolitionDemolition and constructionConstruction wastes, abandoned vehicles and parts thereof, discarded home and industrialIndustrial appliances, manure, vegetableOrganic Waste, Recyclable Materials, and discarded Edible Food. Solid Waste also includes dewatered, treated, or 2022/06/14 City Council Post Agenda Page 187 of 636 animalchemically fixed sewage sludge that is not Hazardous Waste; and other discarded solid and semisolid wastes, and includes liquidwith the exception that Solid Waste does not include any of the following wastes disposed of in conjunction with solid wastes at solid: (1) Hazardous Waste, as defined in Section 40141 of the State Public Resources Code; (2) radioactive waste regulated pursuant to the State Radiation Control Law of Part 9 of Division 104 of the State Health and Safety Code; (3) medical waste transfer/processing stations or disposal sites, which are generated by residential, commercial or industrial sites within the City. Solid regulated pursuant to the State Medical Waste Management Act of Division 104 of the State Health and Safety Code. Untreated medical waste shall not include: hazardous and infectiousbe disposed of in a Solid Waste Landfill, as defined in Section 40195.1 of the State Public Resources Code. Medical waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, recycling, composting or resale that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. “State” shall mean the state of California. “State” shall mean the state of California. “Storage” means the interim containment of solid wastes, organic wastes, or recyclablesSolid Wastes in an approved manner after generation and prior to disposal, collection, or Processing. For purposes of this definition, “interim” means for one week or less. "Source Separated" means materials that have been kept separate from other materials in the Solid Waste stream at the point of generation, for the purpose of additional sorting or Processing 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). "Source Separated Organic Waste" means those organics that can be placed in an Organics Container for Compost Processing, including food scraps, food soiled paper and landscaping and pruning waste, and any other items as determined by the City. The Authorized Collector may, in its discretion, designate additional categories of non-hazardous or toxic materials accepted in the Organics Container. 2022/06/14 City Council Post Agenda Page 188 of 636 "Source Separated Recyclable Materials" means those Recyclable Materials that can be placed in the Recycling Container, including: glass and Plastic Bottles; aluminum, tin and steel cans; metals; unsoiled paper products; printing and writing paper; Cardboard; and any other items as determined by the City. The Authorized Collector may, in its discretion, designate additional categories of nonhazardous or toxic materials accepted in the Recycling Container. “State Waste Laws” means the California Integrated Waste Management Act of 1989, the California Global Warming Solutions Act of 2006, SB 1016 of 2008, the Jobs and Recycling Act of 2011 (AB 341), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), the Short-Lived Climate Pollutant Reduction Act of 2016 (SB 1383), and the SB 1383 Regulations adopted in 2020. “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 processing. (“Interim” means for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.)nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). “Streets and byways” shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City, including State highways now or hereafter established within said City. “Tin and bimetal cans” means any steel food and beverage containers with a tin or aluminum plating. “To segregate waste material” means any of the following: the placement of designated recyclables in separate containers; the binding or bagging of designated recyclables separately from other waste material and placing in a separate container from refuse, or the same container as refuse; and the physical separation of designated recyclables from other waste material (either at the generating source, solid waste transfer station, or processing facility). “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. 2022/06/14 City Council Post Agenda Page 189 of 636 (5) Wholesale Food Vendor. “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. (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. “Total project costsProject Costs” means the total value of a projectProject as calculated using Chula Vista’s standard valuation multipliers. “Transfer Station” or processing station“Processing Station” means those State-permitted facilities utilized to receive solid wastesSolid Wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclablesOrganic Waste or Recyclables. “Unit” means an individual residence contained in a residential multifamily complex. “Waste management reportManagement Report (WMR)” means a WMR form, approved by the City Manager or designee, for the purpose of compliance with this chapterChapter. “Waste Management Report“WMR Compliance Official” means the designated staff person(s) authorized by the City Manager and responsible for implementing the constructionConstruction and demolitionDemolition debris recycling program. “White goodsGoods” means kitchen or other large enameled appliances which include, but are not limited to, refrigerators, washers, and dryers. “Wood waste” means lumber and wood products but excludes tree stumps in excess of 35 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle 2022/06/14 City Council Post Agenda Page 190 of 636 board or other manufactured products that contain glue, formaldehyde, nonorganic or nonbiodegradable materials. “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). “Vector” means any nuisanceNuisance such as odor, unsightliness, sound, or a carrier, usually insects or rodents, that is capable of transmitting a disease. “Yard wasteWaste” means the leaves, grass, weeds, andor wood materials from trees and shrubs from the single-family and multifamily residential sourcesSingle-Family and Multi-Family premises or properties of the City’s organic waste Organic Waste (to include landscape haulings from residentialResidential sources). Acceptable materials for collection include all yard wasteYard Waste as herein defined, excluding treated or processed wood or lumber, bulky waste, or any other materials as shall be determined by the City as to not be salvageable. All acceptable yard wasteYard Waste shall be void of nails, wire, rocks, dirt, or any other material that is not considered yard waste. Yard Waste. 8.25.030 Mandatory fees for recycling025 Authority to administer. A. . The City Council findsManager is authorized and directed to administer the provisions of this Chapter and determines that Chapter 8.24 CVMC, subject to such administrative rules and regulations consistent with the regular collection of recyclablesChapters as may be promulgated by the contract or franchise agent(s)City Council or the City Manager. Administrative rules and regulations promulgated by the City Council or City Manager shall be published on the City’s website and maintained and available to the public in the office of the City from all places in the City is a Clerk. Such rules and regulations shall become effective and enforceable upon date of publication on the City’s website. B. The City Manager shall further administer the provisions of this Chapter and Chapter 8.24 CVMC subject to the terms of any agreement entered into by the City pertaining to Solid Waste Collection. 8.25.030 Collection service to the premises from which it is collected. and fees. A. A Recyclable Material and Organic Waste Collection service program is established and shall be available to all individuals, residents, businesses, and institutions in the City for the purpose of 2022/06/14 City Council Post Agenda Page 191 of 636 providing for the orderly and regular collection of Recyclable Material and Organic Waste within the City under this program. B. All owners or occupants of a premises or property within the City, except those Single-Family Generators who meet the self-haul requirements contained in this Chapter, shall be required to subscribe with the Authorized Collector for Recycling Container and Organics Container collection; comply with the applicable sections of this Chapter, Code, and State and local laws; and pay for the collection and disposal of such Containers, unless granted a waiver or exemption as provided in this Code. C. No provision of this Chapter shall be construed to prevent any individual or Entity from self- hauling their own waste in their own vehicles or Composting in the rear yard of their residence, provided that such Composting does not constitute a Nuisance to neighboring property because it is injurious to health or is offensive to the senses. Nor shall any provision of this Chapter limit the right of any individual or Entity to donate or sell Recyclable Materials. D. All owners or occupants of a premises or property within the City generating recyclablesRecyclables or Organic Waste shall pay the monthly collection fee charged by the City’s contract or franchise agentAuthorized Collector, not to exceed the City-approved maximum rates. A schedule of maximum rates shall be kept on file with the City Clerk and isshall be available for public review. Maximum rates may be subject to increase pursuant to the terms of the City’s contract or franchise with the contract or franchise agent(s).Authorized Collector and applicable law. Subject to the terms of the then-in-effect contract or franchise, the City Council may from time to time establish such rates by resolution, including the establishment of rates for different classifications of quantity generators (smallGenerators (Small quantity generators, large quantity generators, residential, commercialGenerators, Large Quantity Generators, Residential, Commercial, or industrialIndustrial, or subclassifications thereof) or types of materials generated or other classifications which are deemed to be in the public interest. BE. Pursuant to California Public Resources Code Section 4190041900, et seq., the City may, by resolution of the City Council, impose fees on City generatorsGenerators to pay the actual costs incurred by the City in preparing, adopting, or implementing an integrated waste managementIntegrated Waste Management plan in accordance with State mandates. CF. The contract or franchise agentAuthorized Collector shall provide billing service and be totallyprimarily responsible for the collection of such fees, at the same time and in the same manner as the collection of charges for refuse collection pursuant to specified in CVMC 8.24.180.8.24.180. No personindividual or Entity shall willfully fail, neglect, or refuse, after demand by the contract or 2022/06/14 City Council Post Agenda Page 192 of 636 franchise agent(s),Authorized Collector to pay the fees provided for herein. (Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992). 8.25.035 Reserved. (Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992; Ord. 2428 § 1, 1990). 8.25.040 Separation of recyclable materials, storage, and containers. A. The owner, operator, and/or occupant of any premises, business establishment, industry, or other property, vacant or occupied,All delinquent accounts shall be rebuttably presumedsubject to the provisions of CVMC 8.24.180, including procedures for the assessment of fees, penalties, and a lien against the property. 8.25.035 Waivers. A. De Minimis Waivers. The City may waive a Commercial Business' obligation to be comply with some or all of the generatorsOrganic Waste requirements of, and this Chapter if documentation is provided demonstrating that the Commercial Business generates below a certain amount of Organic Waste material, (de minimis) as described below. 1. A Commercial Business requesting a de minimis waiver shall: a. Submit an application to the City specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the City. Applicants may be subject to one or more site Inspection(s) prior to approval of a waiver. b. Provide documentation with the de minimis waiver application that either: i. The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Recycling Container or Organics Container comprises less than twenty gallons per week per applicable Container of the business' total waste; or, ii. The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Recycling Container or Organics 2022/06/14 City Council Post Agenda Page 193 of 636 Container comprises less than ten gallons per week per applicable Container of the business' total waste. For the purposes of subsections (b)(i) and (ii) above, total Solid Waste shall be the sum of weekly Garbage, Source Separated Recyclable Materials, and Source Separated Organic Waste measured in cubic yards. 2. If the de minimis waiver is granted, the Commercial Business shall notify the City if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded. 3. If the de minimis waiver is granted, the Commercial Business shall provide written verification of continued eligibility for de minimis waiver to the City every five years. B. Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligation to comply with some or all of the Organic Waste collection service requirements of this Chapter if the City has evidence from a licensed contractor, licensed architect, licensed engineer, or other individual or Entity authorized by the City demonstrating that the premises or property lacks adequate space for the collection containers required for compliance with the Organic Waste collection service requirements set forth in this Chapter. A Commercial Business or property owner requesting a physical space waiver shall: 1. Submit an application to the City specifying the service or requirements for which it is requesting a waiver. 2. Provide documentation with the application for a physical space waiver that the premises or property lacks adequate space for Recycling Containers or Organics Containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other individual or Entity authorized by the City. 3. If the physical space waiver is granted, notify the City if the Commercial Business' physical space configurations or amounts of Solid Waste generation change, in which case the physical space waiver may be rescinded. 4. If the physical space waiver is granted, provide written verification to the City of continued eligibility for a physical space waiver every five years. C. Change of ownership of a Commercial Business or property automatically revokes a waiver and the new owner must comply with this Chapter or obtain its own waiver. 2022/06/14 City Council Post Agenda Page 194 of 636 D. Upon the determination of the City, a written notification of the approval or denial of a waiver shall be issued to the applicant. 8.25.040 Storage and containers. A. All owners and occupants of premises or property within the City shall be responsible for the safe and sanitary storage of, all solid waste, designated recyclables, and organic wasteStorage of all Solid Waste accumulated on the such premises or property. The designated recyclablesAll owners and organic wasteoccupants of a premises within the City shall be storedstore Recyclables and Organic Waste separately from refuse. The Garbage. All owners and occupants of premises or property owner, operator, or occupantwithin the City shall store such solid waste, designated recyclables, and organic wasteRecyclables and Organic Waste on the premises or property in such a manner so as not to constitute a fire, health, or safety hazard, and shall require it to be handled in such a manner so as not to promote the propagation, harborage, or attraction of vectorsVectors, or the creation of litter or other nuisancesNuisances. B. A container or containers for designated recyclables shall be provided by the Pursuant to the terms and conditions of any contract or franchise agent(s) for any premises generating residential or commercial recyclables, for the exterior collection of designated recyclables. Containers for industrial recyclables shall be provided by the generator of the designated recyclables, unless otherwise arranged through between the City Manager. The containers shall effectively segregate the designated recyclables from refuse. C. All such containers to be used in the City’s recycling programs shall be approved by the City Manager, in conjunction with the contract or franchise agent(s) (or, in the case of industrial recyclables, the generators of the industrial recyclables). D. Designated recyclables shall be sorted according to type and/or as established by program guidelines and placed in separate containers, containers with segregated compartments, or commingled (in one recycling container), as agreed upon by the City Manager and the contract or franchise agent(s). the Authorized Collector, the Authorized Collector shall provide suitable and sufficient Containers for all premises and property to sufficiently store Source Separated Recyclable Materials and Source Separated Organic Waste to be made available for curbside pickup. The color, style, and markings of the Containers, if more than one, shall be grouped together and placed for collection at the same time as when regular refuse collection occurs or at designated recycling collection times (if different from refuse collection) and at designated recycling collection locations. 2022/06/14 City Council Post Agenda Page 195 of 636 E. All containers used for recycling purposes, storage or collection, including commercial and industrial recycling containers used in City recycling programs as well as all other containers used for recycling purposes whether owned or operated by a commercial entity, nonprofit organization, or any other persons or entity, shall be identified with the name shall be determined by the Authorized Collector and current telephone number of the owner or the responsible agency or person. subject to approval by City. Commercial Businesses shall cause all Commercial recycling containers shall Recycling Containers to remain locked at all times in order to discourage scavengingScavenging and prevent dumping of refuseGarbage in the containerContainer, unless exempted by the City Manager in conjunction with the contract or franchise agent(s).Authorized Collector. FC. Recyclable Material and Organic Waste for donation, sale, or collection by or to any individual or Entity other than the Authorized Collector, may not be stored or transferred in Containers provided by the Authorized Collector. Storage of Recyclable Materials and Organic Waste at the Designated Collection Location other than for pickup by the Authorized Collector is prohibited. D. Containers which do not comply with the requirements of this sectionSection shall be presumed to be refuseGarbage and may be taken by the contract or franchise agent(s) for disposal or potential use as salvaging or recycling containersAuthorized Collector. GE. It shall be unlawful for any personindividual or Entity to dispose, dump, or otherwise place material other than designated recyclables in Recyclables in a Recycling Container or at a designated recycling container or at a designated recycling collection or storage location. H. Exemption. Designated recyclables which are source-sorted by their generator for the purpose of recycling by selling them to a buy-back center or donating them to a City-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds do not have to be placed in the designated recycling container required by this section, nor placed in a designated recycling collection location in accordance with this section. When designated recyclables are received by a City-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds, they shall be stored and sorted in accordance with this section and transported to a buy-back center for the purpose of recycling. (Ord. 3507 § 1(B), 2021; Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).Collection Location. 2022/06/14 City Council Post Agenda Page 196 of 636 8.25.050 Mandatory recycling. It shall be mandatory for all generators of residential, commercial,Separation of Recyclable Materials and industrial recyclables and organic waste in the City to separate from refuse, for recycling purposes, all designated recyclables and otherwise participate in recycling as described by this chapter. This Municipal Code hereby authorizes the City Manager, or designee, to develop, implement, and amend as necessary a procedure for the receipt and investigation of written complaints, and sets forth the requirements for the procedure for the compliance of this section with all applicable Municipal Code enforcement requirements. (Ord. 3507 § 1(B), 2021; Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).Organic Waste. 8.25.060 Recycling programs. A. The City Manager shall establish and promulgate reasonable regulations, guidelines and other program-related specifics as to the implementation of recycling programs for residential, commercial, and industrial recycling, including the method for collection of designated recyclables. B. Commercial and industrial establishments shall develop their respective “in-house” recycling plans that provide for the collection of designated recyclables in conjunction with the City’s established recycling programs. The City and the contract or franchise agent(s) shall assist in program development and provide technical expertise and training materials. C. Collection of recyclables from single-family residential units shall minimally occur once weekly. For commercial and industrial entities, collection shall be provided as needed to meet demand. D. The City encourages use of buy-back centers, donation centers (for used furniture and other reusable bulky items, and nonprofit agents), scrap dealers, home and commercial composting, source reduction, and other creative, lawful and environmentally sound efforts to reduce waste in accordance with this chapter that do not conflict with any established or planned City-sponsored recycling, composting or source-reduction programs. (Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992). A. Generators subject to the requirements of State Waste Laws shall fully comply with all applicable requirements of the State Waste Laws and this Chapter. 2022/06/14 City Council Post Agenda Page 197 of 636 B. All Generators in the City, except those that meet Self-Hauler requirements set forth in this Chapter, or Commercial Businesses or property owners that obtain a waiver pursuant to requirements in this Chapter shall: 1. Prepare and separate Recyclable Materials and Organic Waste from Garbage. 2. Participate in the collection services provided by the Authorized Collector by placing Source Separated Recyclable Materials in the Recycling Container, and placing Source Separated Organic Waste in the Organics Container. Generators shall not place Prohibited Container Contaminants in Recycling Containers or in Organics Containers. 3. Obtain and utilize a sufficient number of Containers to adequately store all Source Separated Recyclable Materials and Source Separated Organic Waste generated in connection with the residence or business between the times designated for Collection. The City shall have the right to review the number and size of such Containers to evaluate the adequacy of capacity provided for each type of Collection service and to require additional or larger Containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their Collection services as requested by the City in order to meet the standards set forth in this Chapter. 4. Place Recycling Containers and Organics Containers at the Designated Collection Location for collection by the Authorized Collector; Generators shall not place such Containers in an alley or on the curb or on the street before 6:00 p.m. on the day immediately prior to the collection day, nor permit Containers to remain in an alley or on a curb or on the street after 8:00 p.m. on the collection day. 5. Maintain Recycling Containers and Organics Containers in a sanitary condition at all times. Any bulky material must be reduced in size so that it may be placed in the appropriate Container not overflowing and with the cover tightly closed and without excessive tamping, so that the Container may be easily emptied. Brush and limbs of trees may be placed outside of Organics Containers, tied with natural fiber (compostable) twine into bundles of not more than four feet in length, 18 inches in diameter and 35 pounds in weight. C. Notwithstanding the requirements in Subsection B above, Generators may manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, or using a community Composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws. D. Notwithstanding the requirements in Subsection B above, Organic Waste may be fed to animals on the premises or property where such Organic Waste is produced, provided that such premises or 2022/06/14 City Council Post Agenda Page 198 of 636 property are always kept in a sanitary condition to the satisfaction of the City Manager; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated. E. In addition to the requirements in Subsection B above, Commercial Businesses shall also: 1. Provide or arrange for Garbage Container, Organics Container, and Recycling Container Collection service for employees, contractors, tenants, and customers, and supply and allow access to an adequate number, size, and location of Containers with sufficient labels or colors as noted in this Chapter or, if self-hauling, in compliance with self-hauling requirements set forth in this Chapter. The requirements of this provision shall apply to Multi-Family premises or properties. 2. Provide or arrange for Containers for the collection of Source Separated Organic Waste and Source Separated Recyclable Materials in all areas where the Commercial Business provides Garbage Containers for employees, contractors, tenants, customers and other users of the premises. Containers for Source Separated Organic Waste and Source Separated Recyclable Materials do not need to be provided in restrooms. If a Commercial Business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of Container, then the business does not have to provide that particular type of Container in all areas where Garbage Containers are provided. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either: a. A body or lid that conforms with the following Container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black Containers for Garbage, blue Containers for Source Separated Recyclable Materials, and green Containers for Source Separated Organic Waste. Notwithstanding the foregoing, a Commercial Business is not required to replace functional Containers, including Containers purchased prior to codification of this Chapter, that do not comply with the color requirements of this Section prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first; or b. Container labels that include language or graphic images, or both, indicating the primary materials 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. The Container labeling requirements are 2022/06/14 City Council Post Agenda Page 199 of 636 required on new Containers commencing as of the date provided in the State Waste Laws. The requirements of Section 8.25.050(E) shall not apply to Multi-Family premises or properties. 8.25.055 Commercial education and outreach requirements. All Commercial Business owners are required to: A. Prohibit employees, to the extent practical through education, training, Inspection, or other measures, from placing Prohibited Container Contaminants in a Container not designated for those materials. The requirements of this paragraph shall not apply to Multi-Family premises or properties. B. Periodically inspect Recycling Containers, Organics Containers, and Garbage Containers for contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers. The requirements of this paragraph shall not apply to Multi-Family premises or properties. C. Provide information annually to employees, contractors, tenants, building residents, and customers about Organic Waste Recovery requirements and about proper sorting of Organic Waste and Recyclable Materials. A copy of such instructions shall be provided to the City or designee, upon request. The requirements of this paragraph shall apply to Multi-Family premises or properties. D. Provide information to new tenants within fourteen days of new occupation of the premises that describes requirements to keep Organic Waste and Recyclable Materials separate from each other and from Garbage, identifies the location of Recycling Containers, Organics Containers, and Garbage Containers, and the rules governing their use at the premises or property. The requirements of this paragraph shall apply to Multi-Family premises or properties. E. Prominently post and maintain one or more signs where Recyclable Materials or Organic Waste are collected or stored that set forth what materials are required to be Source Separated, in addition to collection procedures for such materials. The requirements of this paragraph shall apply to Multi- Family premises or properties. 8.25.060 Commercial edible food generator requirements. A. Tier One Commercial Edible Food Generators must comply with the requirements of 14 CCR Section 18991.3 commencing on the date provided by the Act. Tier Two Commercial Edible Food Generators must comply with the requirements of 15 CCR Section 18991.3 commencing January 1, 2024, or such later deadline established by State law or regulations. 2022/06/14 City Council Post Agenda Page 200 of 636 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, or such later deadline established by State law or regulations. C. Commercial Edible Food Generators shall comply with the following requirements: 1. Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed. 2. Enter into a contract or other written agreement with Food Recovery Organizations or Food Recovery Services for: (a) the collection for Food Recovery of Edible Food that would otherwise be disposed; or, (b) acceptance of Edible Food that would otherwise be disposed that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. 3. Use best efforts to abide by all contractual or written agreement requirements specified by the Food Recovery Organizations or Food Recovery Services on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed, or transported to the Food Recovery Organizations or Food Recovery Services. 4. Not intentionally donate food that has not been prepared, packaged, handled, stored or transported in accordance with the safety requirements of the California Retail Food Code. 5. Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. 6. Allow the City or an Enforcement Agent to review records upon request, including by provided electronic copies or allowing access to the premises or property. 7. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). 2022/06/14 City Council Post Agenda Page 201 of 636 c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: i. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization. ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self- hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. 8. If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services, a record that describes: a. Its direct donation of Edible Food to end recipients (including employees); or b. Its Food Waste prevention practices that result in it generating no surplus Edible Food that it can donate. D. Nothing in this Chapter shall be construed to limit or conflict with: 1. 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; or 2. Otherwise applicable food safety and handling laws and regulations. E. Nothing in this Chapter prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a). 8.25.065 Food Recovery Organizations and Services requirements. A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records: 1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. 2022/06/14 City Council Post Agenda Page 202 of 636 2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. 4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. 5. All other records required by 14 CCR Section 18991.5(a)(1). 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: 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. 4. All other records required by 14 CCR Section 18991.5(a)(2). C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with (regardless of whether those Commercial Edible Food Generators are located in the City) according to the following schedule: no later than March 31, 2023, and no later than every March 31 thereafter, covering the period of January 1 to December 31 of the previous calendar year. D. In order to support Edible Food Recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide, upon request, information and consultation to the City and San Diego County regarding existing, or proposed new or expanded, Food Recovery capacity in a form that can be provided to or that can be 2022/06/14 City Council Post Agenda Page 203 of 636 accessed by the City and County and Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by an Enforcement Agency shall respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by the Enforcement Agency. 8.25.070 Reports. A. All commercialCommercial and industrial establishmentsIndustrial Entities shall submit recyclingRecycling tonnage documentation on an annual basis to the City’s Environmental Services Manager or City Manager designee, due on or before January 31st,31 for the previous calendar year. Annual reporting shall be on the form promulgated by the City Manager, and commence on the first anniversary of the date set forth in the mandatory recycling implementation schedule as established in this chapterChapter as of July 1, 1993. Voluntary reporting prior to the required mandatory recycling is encouraged. B. All Commercial Edible Food Generators and Food Recovery Organizations and Food Recovery Services shall submit reports to the City’s Environmental Services Manager or City Manager, in accordance with the requirements set forth in Sections 8.25.060 and 8.25.065 of this Chapter, respectively. C. All applicants for a constructionConstruction or demolitionDemolition permit for a covered projectCovered Project must submit a waste management report (WMR) to the Waste Management Report (WMR) to the WMR Compliance Official for approval, prior to permit issuance, per CVMC 8.25.095. 8.25.075 Self-Haulers A. Self-Haulers shall: 1. Source Separate their Recyclable Materials and Organic Waste generated on-site from Garbage in a manner consistent with this Chapter; and 2, Haul their Source Separated Recyclable Materials to a facility that recovers those materials; and 3. Haul their Source Separated Organic Waste to a facility, operation, activity, or property that processes or recovers Source Separated Organic Waste or to a high diversion Organic Waste Processing facility; and 4. Haul their Garbage to a fully permitted Solid Waste facility. 2022/06/14 City Council Post Agenda Page 204 of 636 B. Self-Haulers that are Commercial Businesses, including Multi-Family premises or properties, shall keep 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 City. The records shall include the following information: 1. 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. C. Self-Haulers that are Commercial Businesses, including Multi-Family premises or properties, shall provide these records to City within sixty days of request by City. D. Landscapers, who self-haul Organic Waste generated at a customer's site, must also meet the requirements in this Section. E. A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to record or report this information. 8.25.080 Scavenging. A. It shall be unlawful for any personindividual or Entity other than authorized City personnel or contract or franchise agent(s)an Authorized Collector to remove any separated designated recyclable(s)Recyclable Material or salvageable commodity from any designated recycling collection or storage location, or designated recycling container.Designated Collection Location or Recycling Container. However, the original generatorGenerator of the designated recyclablesRecyclable Materials may, for any reason, remove the designated recyclablesRecyclable Materials placed by said generatorGenerator from the designated recycling containerRecycling Container or designated recycling collection or storage locationCollection Location in which said generatorGenerator had originally placed them. B. It shall be unlawful for any personindividual or Entity to disturb, modify, harm, or otherwise tamper with any container or designated recycling collection or storage locationContainer containing designated recyclablesRecyclable Materials or Organic Waste, or the contents thereof, or to remove any such containerContainer from the location where the same was placed by the 2022/06/14 City Council Post Agenda Page 205 of 636 generatorGenerator thereof, or to remove the contents of any such containerContainer, unless authorized by the generatorGenerator of such designated recyclablesRecyclable Materials or Organic Waste, or duly authorized City personnel or contract or franchise agent(s). (Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).Authorized Collector. 8.25.090 Composting. A. Every establisher of a compostingComposting pile, bin, holding area, or other such compostingComposting system shall first obtain a permit from the City, if the total volume used within the boundaries of the premises or property for compostingComposting is 15 cubic yards or greater. B. Every compostingComposting pile, bin, holding area, or other such compostingComposting system shall be maintained so as to not create a public or private nuisanceNuisance through visual, odor, safety and/, or other means, or as prescribed in Chapter 19.66 CVMC. Without constituting a limitation on the foregoing, no such compostingComposting pile, bin, holding area, or other such compostingComposting system shall be maintained within six feet from an exterior window, exterior door, or other exterior entrance to an inhabited residential structure other than one owned by the owner of such compostingComposting system. C. The owner, operator, or occupier of a premises or property containing a compostingComposting pile, bin, holding area, or other such compostingComposting system that is greater than five feet high, five feet wide, and five feet in length shall weekly monitor temperature, through utilization of a thermometer designed for such purposes. D. No single compostCompost pile, bin, holding area, or other such compostingComposting system on a residential single-familySingle-Family (as defined in Ordinance No. 24922492) premises or property shall be more than five feet in height and/or greater than six feet in width or length. (Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2589 § 1, 1994; Ord. 2492 § 1, 1992). 8.25.095 Construction and demolition debris recycling. The provisions of this chapterSection shall outline the means of achieving compliance with California Green Building Standards Code (Title 24, Part II, Sections 4.408 and 5.408) and this code Section. Where this codeSection is more stringent, this code Section applies. A. Projects. 2022/06/14 City Council Post Agenda Page 206 of 636 1. Covered Projects. The following projectProject categories are covered projectsCovered Projects and must comply with this sectionSection: a. Any projectProject requiring a permit for demolitionDemolition or constructionConstruction, unless defined as a non-covered projectNon-Covered Project in subsection (A)(4)Subsection (A)(4) of this sectionSection. b. Any sequenced developments, such as housing subdivision constructionConstruction or subdivision demolitionDemolition, must be considered as a projectProject in its entirety for purposes of this sectionSection, and not as a series of individual projectsProjects. c. Any individually built single-familySingle-Family home. 2. City-Sponsored Projects. All City constructionConstruction and demolition projectsDemolition Projects shall be considered covered projectsCovered Projects and shall submit a waste management reportWaste Management Report to the City Manager or designee prior to issuance of any constructionConstruction or demolitionDemolition permits. 3. Tenant Improvements. All tenant improvements less than 10,000 square feet, and individual single-familySingle-Family home constructionConstruction, remodel, addition or renovationRenovation, shall submit a waste management reportWaste Management Report only. No performance depositPerformance Deposit is required. 4. Non-Covered Projects. A performance depositA Performance Deposit and waste management reportWaste Management Report shall not be required for the following: a. Work for which a constructionConstruction or demolitionDemolition permit is not required. b. Roofing projectsProjects that do not include tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required. d. Seismic tie-down projectsProjects. e. Emergency required to protect public health and safety. B. Submission of Waste Management Report. 2022/06/14 City Council Post Agenda Page 207 of 636 1. Construction and Demolition Waste Management Report Forms. Applicants for any covered projectCovered Project shall complete and submit a constructionConstruction and demolition waste management reportDemolition Waste Management Report on a waste management reportWaste Management Report form (WMR) approved by the City for this purpose. The WMR may be administratively updated by the Public Works Director or designee to meet the requirements of the City and California Green Building Standards Code. The purpose of the WMR is to illustrate how the applicant plans to comply with the diversion requirementsDiversion Requirements per CVMC 8.25.0208.25.020 and the California Green Building Standards Code Sections 4.408 and 5.408. Upon projectProject completion, the WMR will illustrate how the applicant complied with the diversion requirementsDiversion Requirements. 2. Initial Application. Notwithstanding any other provision of this code and California Green Building Standards Code, no constructionConstruction or demolitionDemolition permit may be issued until the initial constructionConstruction and demolition waste management reportDemolition Waste Management Report has been approved by the WMR Compliance Official. The WMR Compliance Official will respond to the applicant’s WMR submittal within 10 business days with an approval, denial, or request for clarification. If the WMR Compliance Official does not respond within 10 business days, the applicant should notify the WMR Compliance Official. After notification by the applicant, the WMR Compliance Official will then have three business days to complete the review. If the review is not completed within three business days after the notification, the deposit requirement will be waived. 3. Amount of Performance Deposit. The applicant for any covered projectCovered Project shall submit to the City a performance depositPerformance Deposit, with the exception of City- sponsored projectsProjects, tenant improvements greater than 1,000 square feet but less than 10,000 square feet, and individual single-familySingle-Family home constructionConstruction, remodel, addition, or renovation projects.Renovation Projects. The amount of the performance depositPerformance Deposit shall be calculated as the lesser of three-quarters of one percent of the total projectTotal Project cost for new constructionConstruction and one and one-half percent of the total projectTotal Project costs for demolition projectsDemolition Projects or $30,000 maximum. Acceptable forms of payment include cash, money order, check, or surety bond. All bonds shall be in the form prescribed by the City and by such sureties which are admitted insurers in the state of California, are subject to regulation by the Department of Insurance, and which satisfy all state requirements. The City shall not accept a surety bond for any projectProject with a performance depositPerformance Deposit calculated at $10,000 or less. 2022/06/14 City Council Post Agenda Page 208 of 636 Performance depositDeposit funds in the form of cash, money order, or check will be placed in a secured account. The performance depositPerformance Deposit shall be returned to the applicant upon acceptance of proof of compliance in full. If partial compliance, the performance depositPerformance Deposit will be refunded on a prorated basis dependent on the degree of compliance. 4. Documentation. Within 30 days after demolitionDemolition is completed (if a demolitionDemolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for unitspremises or properties within a phased projectProject of any covered projectCovered Project, the applicants shall submit to the WMR Compliance Official documentation that it has met the diversion requirementDiversion Requirement for the projectProject, unless applicant has been granted an exemption pursuant to subsection (C)Subsection (C) of this sectionSection. The documentation shall include all of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entirety; photographs c. Photographs and narrative documentation of the applicant’s reuse activities. 5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction, renovationConstruction, Renovation, and demolitionDemolition waste divertedDiverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction, renovationConstruction, Renovation and demolitionDemolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovationConstruction, Renovation, and demolitionDemolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized rates established by the conversion ratesConversion Rates table approved by the City for this purpose. Conversion rateRate tables will be included with the waste management reportWaste Management Report form. 6. Determination of Compliance and Release of Performance Deposit. The WMR Compliance Official shall review the information submitted under this sectionSection and determine whether the applicant has complied with the diversion requirementDiversion Requirement, as follows: 2022/06/14 City Council Post Agenda Page 209 of 636 a. Compliance. If the WMR Compliance Official determines that the applicant has fully complied with the diversion requirementDiversion Requirement applicable to the project, he or sheProject, they shall cause the release of the performance depositPerformance Deposit to the applicant within 60 days of the applicant’s submission of the documentation required under this sectionSection. If the applicant has complied in part, a portion of the performance depositPerformance Deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/divertedDiverted. b. Noncompliance. If the WMR Compliance Official determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and recycling activities. C. Exemption. 1. Application. If an applicant for a covered projectCovered Project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirementDiversion Requirement, the applicant may request an exemption at the time that he or she submitsthey submit the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or she believesthey believe is feasible for each material and the specific circumstances that he or she believesthey believe make it infeasible to comply with the diversion requirementDiversion Requirement. 2. Meeting with WMR Compliance Official. The WMR Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirementDiversion Requirement. 3. Granting of Exemption. If the WMR Compliance Official determines that it is infeasible for the applicant to meet the diversion requirementDiversion Requirement due to unique circumstances, he or shethe WMR Compliance Official shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The WMR Compliance Official shall return a copy of the WMR to the applicant marked “Approved with Exemption.” The applicant shall then be responsible for divertingDiverting the revised rate noted by the WMR Compliance Official on the approved WMR, in compliance with the provisions of this sectionSection. 4. Denial of Exemption. If the WMR Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or sheDiversion Requirement, the WMR 2022/06/14 City Council Post Agenda Page 210 of 636 Compliance Official shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this sectionSection. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this sectionSection, the WMR Compliance Official shall deny the WMR. D. Appeal. Appeals of a determination made by the WMR Compliance Official under this sectionSection shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the WMR Compliance Official’s decision. The appeal shall be limited to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 3507 § 1(B), 2021; Ord. 3270 § 1, 2013; Ord. 3247 § 1, 2012; Ord. 3166 § 2, 2010; Ord. 3141 § 1, 2009; Ord. 3118 § 1, 2008; Ord. 3116 § 1, 2008; Ord. 3105 § 1, 2008).The City Manager shall set the matter for hearing before a hearing officer and notify the parties of the date and location of the hearing at least 10 business days prior to such date. The fee to request an appeal of the determination made by the WMR Compliance Official shall be in the form of a deposit, the amount to be determined by the City Manager based on the anticipated cost to conduct the hearing and in accordance with any applicable law. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the determination made by the WMR Compliance Official is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted in accordance with regulations promulgated by the City Manager. The hearing officer’s determination shall be final. 8.25.100 EnforcementInspections and investigations. A. . The City Manager or designee is responsible for enforcing the provisions of this chapter. B. Types of materials included in shall be designated recyclablesas an Enforcement Agent for purposes of enforcing this Chapter and may be administratively deleted by the City Manager under emergency conditions (deputize one or more employees of the City to include market failures), subject to formal ordinance amendment approved by the City Council, if such conditions persist.carry out the duties of an Enforcement Agent. C. Nothing in this chapter or its implementing regulations shall prevent the City or its contract or franchise agent(s) from efforts to obtain voluntary compliance by way of warning, notice of violation, educational or other means. (Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992). 2022/06/14 City Council Post Agenda Page 211 of 636 B. The City and each Enforcement Agent is authorized to conduct any Inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws. This may include Inspections and investigations, at random or otherwise, of any Container, collection vehicle load, or transfer, Processing, or disposal facility to confirm compliance with this Chapter, subject to applicable laws. For the purposes of inspecting Commercial Business Containers for compliance, the City and each Authorized Agent may conduct Container Inspections for Prohibited Container Contaminants using remote monitoring, and Commercial Businesses shall accommodate and cooperate with the remote monitoring. C. An individual or Entity subject to the requirements of this Chapter shall provide or arrange for access during all Inspections (with the exception of the interior a private Residential premises or properties) and shall cooperate with the City or Enforcement Agent during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in Containers, Inspection of Edible Food Recovery activities, review of required records, or other verification or Inspection to confirm compliance with any other requirement of this Chapter, Inspection of County-run Transfer Stations, Otay Landfill and any other Landfills that the County may establish or acquire. It is a violation of this Chapter to fail to provide or arrange for: 1. Access to the premises or property; 2. Installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or 3. Access to records for any Inspection or investigation. D. Any records obtained by the City or Authorized Agent during Inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq. E. The City or Authorized Agent shall accept written complaints from individuals regarding an individual or Entity that may be potentially noncompliant with this Chapter. Written complaints may be submitted using the City form for code complaints. F. This section shall not be construed to deprive any individual or Entity of any privileges guaranteed by the Constitutions of the United States or the State of California, or any other statutory privileges. 8.25.105 Violations and penalty. 2022/06/14 City Council Post Agenda Page 212 of 636 A. It shall be unlawful for any individual or Entity to violate any provision or fail to comply with the requirements of this Chapter or any regulation adopted hereunder. Each day that a violation continues is deemed to be a new and separate offense. Any Section of this Chapter may be enforced by the City, or, if agreed to, by another Enforcement Agency designated by the City. B. Violations of any provisions of this Chapter, unless otherwise specified, shall constitute an infraction and shall be subject to Enforcement Action pursuant to Title 1 of the Chula Vista Municipal Code. C. Scavenging in violation of Section 8.24.200, Section 8.25.080, or Government Code section 41950 may be charged as a misdemeanor punishable by a fine not to exceed one thousand dollars or imprisonment for a period not to exceed six months or both, or as otherwise provided by law. D. Any condition caused or allowed to exist in violation of any of the provisions of this Chapter or any regulation adopted hereunder is a public Nuisance. Such violation may be abated by the City, or by the City Attorney on behalf of the people of the State, as a Nuisance in any manner provided for by this code, including summary abatement, or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the People of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this Chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. All expenses incurred by the City in connection with any action to abate a public Nuisance will be chargeable as authorized by law to the individuals or Entities creating, causing, committing, or maintaining the public Nuisance. E. An Enforcement Agent may issue an administrative penalty for violation of any of the provisions of this Chapter or any regulation adopted hereunder in amounts that shall not exceed the following: 1. For a first violation, the amount of the base penalty shall be fifty to one hundred dollars per violation. 2. For a second violation, the amount of the base penalty shall be one hundred to two dollars per violation. 3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty to five hundred dollars per violation of the same provision within a twelve-month period. This remedy is not exclusive and is in addition to any other remedy or penalty provided by law. F. The maximum penalties described in Subsection (E) of this Section shall be increased automatically if the maximum penalties established 14 CCR Section 18997.2 are amended. 2022/06/14 City Council Post Agenda Page 213 of 636 G. Each criminal citation and administrative penalty issued for a violation of any provision of his Chapter may be issued, levied, or assessed against the Generator, Authorized Collector account holder, and any other individual or Entity, including the owners or occupants of premises or properties within the City, that caused, created, committed, or maintained the violation. H. An individual or Entity issued an administrative penalty may appeal such penalty within 10 calendar days from the date the penalty is issued. The appeal shall be in writing and filed with the City Clerk upon forms provided by the City. The appeal shall specify therein that the penalty was issued in error and identify facts and circumstances on which the claim of error is based. The City Manager shall set the matter for hearing before a hearing officer and notify the parties of the date and location of the hearing at least 10 business days prior to such date. The scope of the appeal hearing shall be limited to whether the penalty was issued in error. The fee to request an appeal of the penalty shall be in the form of a deposit, the amount to be determined by the City Manager based on the anticipated cost to conduct the hearing and in accordance with any applicable law. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the penalty is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted in accordance with regulations promulgated by the City Manager. The hearing officer’s determination shall be final. I. Nothing in this Section shall be construed as preventing the City from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements in addition to the imposition of penalties authorized under this Section. J. The remedies specified in this Section are cumulative and in addition to any other remedies available under State or local law for violation of this Chapter. 8.25.110 Severability. If any provision, clause, sentence, or paragraph of this chapterChapter or the application thereof to any personindividual or Entity or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapterChapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapterChapter are hereby declared to be severable. 2022/06/14 City Council Post Agenda Page 214 of 636 SECOND READING AND ADOPTION C:\Program Files\eSCRIBE\TEMP\12102832368\12102832368,,,Ordinance - Amendments to CMVC Ch 8.24 and 8.25.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 8.24 AND 8.25 OF THE CHULA VISTA MUNICIPAL CODE TO COMPLY WITH THE STATE OF CALIFORNIA’S SHORT-LIVED CLIMATE POLLUTION REGULATIONS WHEREAS, California’s Short-Lived Climate Pollutant Reduction Act of 2016, Senate Bill 1383 (SB 1383) requires jurisdictions to adopt and enforce an ordinance to implement regulations to divert organics disposal (green waste and food waste) from landfills and increase recycling efforts to reduce organic materials into landfills; and WHEREAS, in November 2020, the State’s Department of Resources, Recycling, and Recovery (CalRecycle) issued Short-lived Climate Pollution (SLCP) regulations that prescribe specific actions local jurisdictions need to take to reduce short-lived climate pollutants related to solid waste collection and processing in accordance with SB 1383; and WHEREAS, the amended Chapters 8.24 and 8.25 of the Chula Vista Municipal Code provided in this ordinance are intended to bring the City of Chula Vista into compliance with SB 1383 regulations and mandates. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 8.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 8.24 SOLID WASTE Sections: 8.24.010 Purpose and intent. 8.24.020 Definitions. 8.24.030 Accumulation of materials constituting a fire hazard prohibited. 8.24.040 Solid waste – Disposal in public places prohibited. 8.24.045 Solid waste generated off-site – Placement in City trash containers – Prohibited. 8.24.050 Solid waste – Disposal on private property prohibited – Exception. 8.24.060 Owner or occupant responsibility to maintain sanitary premises. 8.24.070 Solid waste – Collection prohibited when – Burning prohibited. 8.24.080 Solid waste – Containers approved for use by small quantity generators (single-family residential and small businesses with cart service) and large 2022/06/14 City Council Post Agenda Page 215 of 636 Ordinance Page 2 quantity generators (bin or roll-off service) for solid waste, organic waste and recyclables. 8.24.090 Solid waste – Placement in containers or bundles – Restrictions. 8.24.100 Solid waste – Placement of containers for collection – Times. 8.24.110 Reserved. 8.24.120 Reserved. 8.24.130 Reserved. 8.24.140 Reserved. 8.24.150 Reserved. 8.24.160 Reserved. 8.24.170 Reserved. 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. 8.24.190 Reserved. 8.24.195 Mandatory recycling for exempt and reduced rate customers. 8.24.200 Interference with collection and scavenging prohibited when. 8.24.210 Littering – By private persons prohibited where. 8.24.220 Littering – By corporations or persons prohibited where. 8.24.230 Owner or occupant duty to keep sidewalks free of litter. 8.24.010 Purpose and intent. The accumulation, Storage, Collection, transportation, Processing and disposal of Solid Waste is a matter of public concern, in that improper control of such matters creates a public Nuisance and can lead to air Pollution, fire hazards, illegal dumping, insect breeding, rodent infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The minimum weekly collection of Solid Waste from all residences and places of business in the City benefits all occupants of residences and businesses within the City. Accordingly, the collection of Solid Waste in the City is a mandatory service and shall not be discontinued. The regulations provided in this Chapter are designated to eliminate or alleviate such public health and safety concerns, and provide minimum standards for the accumulation, Storage, Collection, transportation, and Processing of Solid Waste. 8.24.020 Definitions. For the purpose of this Chapter, the definitions contained in CVMC 8.25.020 shall govern, unless the context otherwise requires or indicates. 2022/06/14 City Council Post Agenda Page 216 of 636 Ordinance Page 3 8.24.030 Accumulation of materials constituting a fire hazard prohibited. It is unlawful for any individual or Entity to create or allow to be created or maintained, upon any premises or property in the City owned or controlled by such individual or Entity, any accumulation of materials that are dangerous as fire menace or hazard. 8.24.040 Solid waste – Disposal in public places prohibited. It is unlawful for any individual or Entity to place, dump, deposit, or throw any Solid Waste including, but not limited to, plastic, glass, metal, paper, Recyclables, Organic Waste, other food waste, automobile parts, or liquid wastes of any kind or character whatsoever, upon or along the right-of- way of any public highway, street, lane, alley, or other public place within the corporate limits of the City. 8.24.045 Solid waste generated off-site – Placement in City trash containers – Prohibited. City Solid Waste Containers are placed in City parks, at bus stops, and other public areas for the use of the public to control Solid Waste that is generated at or near the location where the Solid Waste Containers are located; they are not to be used as disposal sites for Solid Waste which is generated off-site, except as defined as Incidental Waste in CVMC 8.25.020. Therefore, it is unlawful for any individual or Entity to place, dump, deposit, or throw away Solid Waste of any kind or character whatsoever other than Incidental Waste in City Solid Waste containers, if such was generated at a location other than where the Solid waste Container is located. 8.24.050 Solid waste – Disposal on private property prohibited – Exception. It is unlawful for any individual or Entity to place, dump, deposit or throw away any Solid Waste or other waste discards of any kind or character whatsoever, upon any private property adjacent to or abutting upon any public highway, or public place, or upon any private property whatsoever, within the corporation limits of the City, unless such individual or Entity first obtains the written permission of the owner of such property so to do. It is further unlawful for such individual or Entity to deposit or place such materials in any Solid Waste Container owned or used by the owner of such property, unless such individual or Entity first obtains the written permission of the owner so to do. This section is not intended to preclude an individual or Entity from disposing of waste generated at a 2022/06/14 City Council Post Agenda Page 217 of 636 Ordinance Page 4 Commercial Business in Containers provided for customers of the Commercial Business, such as empty food containers being placed in public Solid Waste Containers at a fast food restaurant. 8.24.060 Owner or occupant responsibility to maintain sanitary premises. Every individual or Entity owning or having the care or control of any premises or property in the City shall keep said premises or property in a clean and sanitary condition, and no individual or Entity shall permit any Garbage or any other substance which may be or will become offensive to be deposited or to remain in or upon any premises or property owned or occupied by them or under their care or control, except as otherwise expressly permitted by this Chapter. It shall be the responsibility of such individual or Entity to provide for weekly scheduled Garbage Collection service by means of the City’s Authorized Collector and pay for such services pursuant to this Chapter. However, any such individual or Entity subject to the mandatory requirement may remove or convey their own waste to a state-permitted Landfill or Transfer Station by applying for an exemption in writing in advance and receiving such exemption pursuant to CVMC 8.24.180. Any dispute as to such exemption may be appealed to the City Manager. 8.24.070 Solid waste – Collection prohibited when – Burning prohibited. A. No individual or Entity shall collect, remove, or convey, or cause or permit to be collected, removed or conveyed, any Residential, Commercial or Industrial Solid Waste upon or along any public street, alley, or any other public place in the City; provided, however, the prohibitions of this section shall not apply to authorized employees of the City, or to any individual or Entity, with whom the City or a local school district has entered into a contract or franchise for the Collection, Removal, or disposal of Solid Waste, or to the occupant or owner of any residence personally removing their own Solid Waste from said residence or Commercial Business or as may otherwise be permitted or required by federal or state laws that legally supersede the provisions of this Chapter. Occupants or owners removing or conveying their own waste shall comply with the provisions of this Chapter and all local, state, and federal regulations regarding the safe transportation and disposal of wastes. B. It is unlawful for any individual or Entity to burn or bury any Solid Waste as a means of disposing of said waste. 2022/06/14 City Council Post Agenda Page 218 of 636 Ordinance Page 5 8.24.080 Garbage – Containers approved for use by small quantity generators (single-family residential and small businesses with cart service) and large quantity generators (bin or roll-off service) for garbage. A. It is unlawful for any Small Quantity Generator in a Residential area to keep or store any Garbage within Containers except those provided by the City’s Authorized Collector . Large Quantity Generators shall utilize Containers provided by the City’s Authorized Collector . Compactor Containers or other receptacles provided by Large Quantity Generators, such as Commercial and Industrial customers, must be approved by the City’s Authorized Collector for compatibility with Collection equipment before use. Use of incompatible compactors or other Containers is not allowed and the purchase or lease of such equipment will not be considered grounds for an exemption from mandatory service. B. Every individual or Entity having the care or control of any premises or property within the City where Garbage accumulates or exists shall cause such Garbage to be placed and kept in watertight Containers, with lids securely fitted, and in a number adequate to contain the total amount of Garbage accumulating during the maximum allowed one-week interval between each Collection or Removal thereof. C. Enclosures for Garbage Containers must be of adequate size to hold the number of Containers required to temporarily store the Garbage generated in between service intervals, pursuant to subsection (A) of this section. The enclosures shall also be adequate in size to accommodate other ancillary Collection and Removal services, i.e., grease rendering as defined in CVMC 19.58.340. 8.24.090 Garbage – Placement in containers or bundles – Restrictions. All Garbage shall be kept within sturdy Containers made of metal or plastic, and no Garbage shall be placed in any Container so that it protrudes or extends beyond such Containers. Containers shall also have tight-fitting lids sufficient to keep out the rain and prevent litter. Every owner, tenant, occupant, individual, or Entity having responsibility for a premises or property shall subscribe for adequate service and maintain the number of rigid Containers and lids sufficient to separately hold their weekly Garbage. Cardboard containers shall not be used as Garbage containers and should be emptied, broken down, and placed at the Designated Collection Location for Collection with Recyclables. A. The following actions are approved for Garbage by Small Quantity Generators (Single-Family Residential and small businesses with curbside Collection service): 2022/06/14 City Council Post Agenda Page 219 of 636 Ordinance Page 6 1. Color-coded and specially marked Containers will be provided upon request by the City’s Authorized Collector for used oil and oil filters, at no additional charge. 2. Any individual or Entity desiring to receive different, additional, or more frequent service may do so through the Authorized Collector, on mutually agreeable terms and conditions, by contacting the Authorized Collector at least two days before their regular Garbage Collection service day. B. The following actions are prohibited for Small Quantity Generators: 1. Use of severely damaged Containers or Containers with jagged or sharp edges (said Containers will be appropriately tagged by the Authorized Collector the first time observed and will be Collected by the Authorized Collector if used subsequently to being so tagged); 2. Placement of Hazardous or Toxic Wastes, such as solvents, paints, pesticides, fuels, explosives and medical wastes, at the Designated Collection Location for Collection by the City or the Authorized Collector. This prohibition is not intended to exclude the door-to-door Collection of any Hazardous Waste, by appointment, by a contractor licensed by the City and permitted by the State Department of Toxic Substances or the County environmental health department; 3. Placement of Construction and Demolition Waste at the Designated Collection Location for service by the Authorized Collector, which may resist compaction or damage equipment, such as large metal objects, concrete blocks, dirt, or tires. This prohibition is not intended to prevent a resident from making an appointment for free bulky pick-up, free used oil and filter collection, or contracting with the Authorized Collector for a temporary bin for construction debris or metals; 4. Deposit of Garbage or any other material in waste Containers intended for use by, or belonging to, others; 5. The disposal of Garbage in Recyclables and Organic Waste Containers. C. Enforcement. 1. Generators that fail to place Garbage out for Collection in proper Containers will be tagged with a notice and provided with proper instructions. 2. Repeated violation of proper set-out and/or separation after notification by the City or the Authorized Collector will be subject to additional enforcement measures as specified in CVMC 8.25.105. 2022/06/14 City Council Post Agenda Page 220 of 636 Ordinance Page 7 8.24.100 Garbage – Placement of containers for collection – Times. No Garbage shall be placed for Collection in an alley or on the curb or the streets before 6:00 p.m. on the day immediately prior to the scheduled Collection day. No individual or Entity shall permit Garbage containers to remain on the street or alley after 8:00 p.m. of the Collection day. Collection point shall be in front of the Residential property at the curbline or as close thereto as possible without creating an obstacle on the sidewalk. All Garbage placed at such Collection points shall be deemed a request for service by the Authorized Collector. Carts shall be placed at least 1.5 feet apart, with wheels against the gutter; manually collected items, such as bulky pick-up items, standard yard waste containers and designated used-oil recycling containers shall also be 1.5 feet from carts. 8.24.110 Reserved. (Ord. 2992 § 1, 2005). 8.24.120 Reserved. (Ord. 2992 § 1, 2005). 8.24.130 Reserved. (Ord. 2992 § 1, 2005). 8.24.140 Reserved. (Ord. 2992 § 1, 2005). 8.24.150 Reserved. (Ord. 2992 § 1, 2005). 8.24.160 Reserved. (Ord. 2992 § 1, 2005). 2022/06/14 City Council Post Agenda Page 221 of 636 Ordinance Page 8 8.24.170 Reserved. (Ord. 2992 § 1, 2005). 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. A. Payment Obligation. The regular Collection of Solid Waste, including Garbage, Organic Waste, and Recyclable Materials, and the disposal or processing thereof by the Authorized Collector from all places in the City, is a part of the Integrated Solid Waste Management service to the premises or property from which it is collected. All owners and occupants of premises or property within the City shall be responsible for paying the monthly Collection service rate charged by the City or its Authorized Collector, or shall comply with the provisions of this Chapter for an exemption from mandatory service as set forth in subsection (H) of this section. No individual or Entity that has not previously applied for and received an exemption shall willfully fail, neglect, or refuse, after demand by the City or its Authorized Collector, to pay the service fees. B. Billing and Payment. All Solid Waste service charges shall be billed upon a monthly or bimonthly basis as determined by the City Council, and shall be due and payable by the owner or occupant at the time indicated in the billing statement. The City’s Authorized Collector will provide Solid Waste Billing services, and, subject to the provisions of this Chapter, be primarily responsible for the collection of payments. The due date for each class of Generator shall be clearly indicated on the bill or invoice. If the due date falls on a Saturday, Sunday, or legal holiday, the customer will have until the end of the next regular business day to make payment. Payments made by mail must be postmarked no later than midnight of the due date on the invoice. Payments may be made in person on or before the due date between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, at the Authorized Collector’s Chula Vista office. C. Billing Cycles, Classifications and Due Dates. All Solid Waste service charges for Small Quantity Generators (Residential dwellings and businesses with curb or alley cart service) shall be billed bimonthly in advance. The due date for Small Quantity Generator invoices shall be the last day of the bimonthly billing cycle. Solid Waste service charges for Large Quantity Generators shall be billed monthly in arrears. The due date for Large Quantity Generator invoices shall be 15 days after the last day of the monthly billing cycle. The cost of temporary services such as Industrial roll-off boxes may be applied to the monthly or bimonthly billing statements of existing customers, secured by a line of credit or paid for as “Cash On Delivery” (COD) as mutually agreed by the Authorized Collector and the customer. The City will direct the Authorized Collector to deliver invoices to the Postal Service in a manner that will provide the customer no less than 15 days for delivery and payment of their invoice without penalty. 2022/06/14 City Council Post Agenda Page 222 of 636 Ordinance Page 9 D. Service Rates. The Authorized Collector shall set service rates subject to a maximum rate established by the City Council. A complete schedule of maximum rates shall be kept on file with the City Clerk and is available for public review. Maximum rates may be subject to increase pursuant to the terms of the City’s contract or franchise with the Authorized Collector. Subject to the terms of the then-in-effect contract or franchise, the City Council may establish such rates by resolution, including the establishment of rates for different classifications of Generators (Residential, Commercial, Industrial or subclassifications thereof) or types of materials generated, including preferential or discounted rates for senior citizens or low-income families or other classifications which are deemed to be in the public interest. E. Penalties for Delinquency – Notification. 1. Delinquent Accounts – Generally. A bill shall be considered delinquent if payment in full is not received by the close of business or postmarked before midnight of the due date as shown on the bill. However, when the final day falls on a Saturday, Sunday, or legal holiday, payment may be made without penalty on the next regular business day. 2. Late Notice. In the event the owner or occupant of any premises, property, or business shall be delinquent in payment of any part or all of the Solid Waste fees and delinquency continues for a period of 10 days after the due date shown on the bill or invoice, the Authorized Collector shall send notification (“late notice”) to the owner and occupant informing both of the amount owed and the schedule of penalties and costs accrued at each stage of delinquency as defined below. The notification to the owner shall be mailed to the name and address listed on the last available property tax assessment roll and shall include the potential delinquency amount to be assessed as a lien and collected on the owner’s property tax bill. If payment in full is not received by the due date on the bill or invoice, the City or its Authorized Collector may impose a one-time late/processing fee equal to 10 percent of the charges owed for Large Quantity Generators or $10.00 for Small Quantity Generators. In addition, for each 30 days the delinquent bill remains unpaid, the City or its Authorized Collector may impose additional late/processing fees equal to one and one-half percent of the outstanding debt. If the bill or invoice is not paid within 15 days of the bill or invoice due date, the City or its Authorized Collector may charge an additional restart fee of $10.00. (The penalties and restart fee are designated for administrative convenience only in the master fee schedule.) The City or its Authorized Collector must at minimum send one bill or invoice at least 10 days before the due date and one notification letter by first class mail to the owner or occupant prior to assessing a penalty. 3. Final Late Notice. In the event that the owner or occupant of any premises, property, or business is delinquent in payment of all or any part of the Solid Waste bill or invoice, other than that for which they have applied for and received an exemption from the City, for a period of 90 days after the due date of the bill or invoice, the City or its Authorized Collector shall send a second notification (“final late notice”) to the owner and occupant. The notification shall include 2022/06/14 City Council Post Agenda Page 223 of 636 Ordinance Page 10 the total current amount due, a description of the potential penalties for delinquent amounts, and a description of the potential lien process, the location where the bill or invoice may be paid in person during regular business hours and a self-addressed return envelope for payment by mail. 4. Final Notice of Delinquency. Prior to setting a hearing to consider a lien pursuant to the process set forth below, the City or its Authorized Collector will send notification (“final notice of delinquency”) to the property owner and occupant with a detailed description of the amount owed, the penalty schedule, lien procedure and associated costs, and administration fees (the penalties and fees are designated for administrative convenience only in the master fee schedule). When the full amount for said Solid Waste service charge is not paid within 15 days after the final notice of delinquency, the City or its Authorized Collector shall assign the delinquent account to the City for collection. Upon such assignment, the delinquent charges, penalties and fees may be collected by the City: a. Pursuant to a lien imposition and property tax bill process provided below; b. By suit in any court of competent jurisdiction; or c. By any other manner permitted by law or equity at the City’s discretion. F. Lien Process for Solid Waste Services. 1. Hearing and Lien – Notice. When the full amount for said Solid Waste service charge is not paid within 15 days after the final notice of delinquency, the City Clerk may set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting, which will be held at least seven calendar days after such 15-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing at least 10 days in advance of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council chambers in the City Hall. 2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision 2022/06/14 City Council Post Agenda Page 224 of 636 Ordinance Page 11 of the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest, and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative processing fee to offset the costs incurred by the City in administering the provisions of this Chapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount that shall be charged to the property owner on the next regular tax bill under subsection (F)(2) of this section. G. Solid Waste Service Deposits Required When – Amount. The City or its Authorized Collector has the right to require deposits from the owner or occupant of any premises or property who has allowed their bill or invoice for Solid Waste service charge to become delinquent or who does not have an acceptable credit rating. Deposits shall be equal to the estimated amount of the Solid Waste service charges for two billing cycles, but in no event shall the deposit be less than $25.00. H. Request for Exemption from Fees or Services – City – Approved Exception. 1. Duration of Exemption. All exemptions and extensions granted will be for a period of not more than 180 days. Applicants that have been cited with a notice of violation or administrative citation and those that have been late on Solid Waste fee payments within the past six months will not be qualified for an exemption. 2. Process for Making Request. Requests for an exemption from mandatory Solid Waste services shall be made on a form provided by the City. Requests on the required form shall be completed by the applicant and submitted to the City or its Authorized Agent, as outlined on the form. An exemption request will only be considered if the applicant demonstrates that it meets one of the bases set forth in subsections (H)(4)(a) through (H)(4)(d) of this section. 3. Conditions of an Approved Application. Applicants shall agree to an inspection of their premises to verify compliance with Solid Waste Processing. Failure to notify the City or the Authorized Collector in writing prior to reoccupying the premises, or otherwise altering compliance with the exemption conditions, shall constitute delinquency of payment for Collection charges, and charges and penalties shall be retroactive to the first day of the exemption period. In all cases, property owners or their agents will be expected to maintain sanitary premises pursuant to CVMC 8.24.060 including, but not limited to, litter abatement, 2022/06/14 City Council Post Agenda Page 225 of 636 Ordinance Page 12 clean sidewalks and gutters, and Solid Waste Processing requirements (as applicable), , throughout the exemption period. 4. Bases for Granting Exemption, and Special Terms. Exemptions will not apply retroactively except as stated in subsection (H)(4)(a) of this section (vacancy exemption). All exemptions requested by tenants shall also be signed by the property owner. An exemption will only be granted if the City or its Authorized Collector determines that the exemption request meets the criteria of subsection (H)(4)(a), (H)(4)(b), (H)(4)(c), or (H)(4)(d) of this section. The City retains the right to review and modify any decision made by the Authorized Collector. a. Vacancy Exemption for Unoccupied Premises. In the event that the premises or property are unoccupied and all water, sewer, electricity, and gas are also disconnected or in the case of military deployment of all occupants, an owner or occupant of a residence or business may request a vacancy exemption. Should the premises be unoccupied due to a death or similar hardship, the executor, beneficiary or County probate Administrator may request a retroactive exemption. It is the responsibility of the occupant and/or the property owner to cancel an exemption for vacancy and restart service if the property is to be occupied before the end of the exemption period. b. Self-Haul. Occupants or tenants of premises or property may apply for an exemption from fees for all or part of the Solid Waste services and remove or convey Solid Waste for processing and disposal which they generate themselves. Such individuals or Entities must provide weekly receipts for disposal at a state-permitted Landfill or Transfer Station and/or appropriate Recycling facility at the end of each billing cycle or upon demand by the City or its Authorized Collector. Individuals or Entities provided an exemption are still subject to state-mandated Organic Waste and Recycling diversion goals and may not: (i) dispose of their waste in the Container of another Generator in Chula Vista or another jurisdiction, or in a park or street litter bin, (ii) contract with a third party to remove and convey their waste, (iii) burn their waste in their fireplace or by other means, (iv) dispose of Organic Waste or Recyclables, or otherwise improperly dispose of Solid Waste as established in CVMC 8.24.040, 8.24.045 and 8.24.050. A Self-Hauler exemption is not a permit to haul Solid Waste generated by a second party. c. Source Reduction, Recycling and Composting Exemption. The occupant or owner of any premises or property may apply for an exemption from all or part of the Solid Waste fees for 100 percent diversion (no disposal of any kind, anywhere). Such individual or Entity must provide a written description of their Solid Waste management plans, to comply with the state-mandated Landfill diversion goal, the City’s Integrated Solid Waste Management plan, and State Waste Laws. d. Property owners and occupants within an area newly annexed to the City that was not currently using the Authorized Collector may use the service of a private refuse collection 2022/06/14 City Council Post Agenda Page 226 of 636 Ordinance Page 13 service other than the Authorized Collector for a period not to exceed one billing cycle. If the owner or occupant was under a preexisting franchise agreement with a private refuse collection service other than the City’s Authorized Collector, they may remain with that service to the extent required by law until the end of the agreement period, less any extensions in that agreement, for a period not to exceed 180 days. e. The City or its Authorized Collector may suspend collection service and/or charges from a Large Quantity Generator for: i. Vacancy; ii. Delinquency of payment subsequent to implementation of subsection (E) of this section; or iii. Mutual agreement by the City and Authorized Collector. The Authorized Collector shall notify the City quarterly of all suspended accounts that did not result in payment. 8.24.190 Reserved. (Ord. 2992 § 1, 2005; Ord. 2764 § 1, 1998). 8.24.195 Mandatory recycling for exempt and reduced rate customers. Where a Solid Waste fee reduction or exemption is granted hereunder, the affected individual or Entity shall not be exempted from and shall remain subject to the mandatory Recycling and Organic Waste obligations of Chapter 8.25 CVMC. Each individual or Entity receiving a fee reduction or exemption shall be responsible for doing his or her equitable share to assist the City with the Landfill diversion goals mandated by the State Waste Laws including, but not limited to, participation in source reduction, reuse, Recycling and Composting of Solid Waste as applicable. Failure to comply with this Chapter, Chapter 8.25 CVMC, or State Waste Laws at a site other than the premises or property where the Solid Waste was generated shall be cause for termination of the exemption or reduced fee and shall subject the individual or Entity to paying the full cost of service for the full period of the exemption or reduced fee, plus any applicable penalty for violation of this Chapter or Chapter 8.25 CVMC. 8.24.200 Interference with collection and scavenging prohibited when. It is unlawful for any individual or Entity, other than the Authorized Collector, to interfere in any manner with any Solid Waste or household Hazardous Waste Container or the contents thereof, 2022/06/14 City Council Post Agenda Page 227 of 636 Ordinance Page 14 whether owned by individuals or Entities, the City, or by the Authorized Collector, or to remove any such Container or its contents from the location where the same was placed by the owner thereof. This provision is not intended to prohibit any individual or Entity generating a reusable, Recyclable, or Compostable commodity from selling or giving the same as they may desire; provided, that the commodity(ies) shall be removed and conveyed in a manner strictly in accordance with the rules and regulations of the County Department of Environmental Health, this Chapter and Chapters 8.23 and 8.25 CVMC, and that such commodities shall be diverted from a Landfill, transformation facility, or other land application or other use not expressly recognized as diversion by the City or the State Waste Laws. 8.24.210 Littering – By private persons prohibited where. No individual or Entity shall leave, discard, deposit, throw away, or cause to be left, discarded, deposited, or thrown away, any Solid Waste, Hazardous Waste, or medical waste of any type including, but not limited to, paper, wood, glass, plastic, metals, Organic Waste, upon any street, alley, gutter, sidewalk, parkway, park, or recreational area in the City. 8.24.220 Littering – By corporations or persons prohibited where. It is unlawful for any individual or Entity to deposit upon any sidewalk or street within the City any sweepings from any sidewalk, stairway, or other opening leading to the street or sidewalk. All such sweepings or material from any sidewalk or any other opening leading to the street or sidewalk within the City shall be removed in a pan, shovel, or other container and placed in a Container for Solid Waste, including an Organics Container or Recycling Container as appropriate. 8.24.230 Owner or occupant duty to keep sidewalks free of litter. It shall be the duty of all owners and occupants of buildings in the City and the duty of all owners of vacant lots in the City to keep the sidewalks adjacent to such premises clean and free of any Solid Waste of any type including paper, wood, glass, plastic, metals, Organic Waste, noxious weeds or vegetation, or other organic matter. Section II. Chapter 8.25 of the Chula Vista Municipal Code is hereby amended to read as follows: 2022/06/14 City Council Post Agenda Page 228 of 636 Ordinance Page 15 Chapter 8.25 RECYCLING, ORGANIC WASTE, AND EDIBLE FOOD RECOVERY Sections: 8.25.010 Purpose and intent. 8.25.020 Definitions. 8.25.025 Authority to administer. 8.25.030 Collection and fees. 8.25.035 Waivers. 8.25.040 Storage and containers. 8.25.050 Separation of recyclable materials and organic waste. 8.25.055 Commercial education and outreach programs. 8.25.060 Commercial edible food generator requirements. 8.25.065 Food recovery organization and service requirements. 8.25.070 Reports. 8.25.075 Self-haulers. 8.25.080 Scavenging. 8.25.090 Composting. 8.25.095 Construction and demolition debris recycling. 8.25.100 Inspections and investigation. 8.25.105 Violations and penalty. 8.25.110 Severability. 8.25.010 Purpose and intent. The purpose of this Chapter is to provide for regulation of the Storage, separation, Collection, transportation, and Recovery of Recyclable Materials, Organic Waste, and Edible Food. 8.25.020 Definitions. When used in this Chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to State Laws, including references to any California statutes or regulations, is deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this Chapter. 2022/06/14 City Council Post Agenda Page 229 of 636 Ordinance Page 16 “Authorized Collector” means an individual or Entity authorized under and by virtue of a contract, franchise, or permit with the City to collect, remove, or dispose of Solid Waste, including Garbage, Recyclable Materials, and Organic Waste generated in the City. “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. “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). “Cardboard” means post-consumer waste paper grade corrugated Cardboard (grade No. 11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and Recovery for recycling. “City” means the City of Chula Vista, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form. “City Manager” means the City Manager of the City of Chula Vista, or the City Manager’s designee. “Collection” means the act of removing and conveying nonhazardous and noninfectious Solid Waste, commingled or Source-Separated materials, from Residential, Commercial, Industrial, or Institutional Generators to a facility for Processing, Composting, transfer, disposal, or transformation. “Commercial” means of or relating to businesses, whether for profit or non-profit, and their activities. “Commercial Business” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for profit or non-profit, strip mall, Industrial facility, hotel, motel, and other transient occupancy facility, or as otherwise defined in 14 CCR Section 18982(a)(6). Multi-Family premises or properties are considered Commercial Businesses for purposes of this Chapter. “Commercial Edible Food Generator” means a Tier One or a Tier Two Commercial Edible Food Generator as defined in 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). “Commercial Recyclables” means Recyclable Materials from the two Commercial subcategories of “Office” and “Hospitality”, including Organic Waste, office paper, Cardboard, newspaper, and aluminum from Offices; and Cardboard, Glass Bottles and Jars, Plastic Bottles, aluminum, tin and bimetal cans, and White Goods. “Compactor Containers” means those fully enclosed metal Containers of two to 40 cubic yards provided by the Authorized Collector or customer. 2022/06/14 City Council Post Agenda Page 230 of 636 Ordinance Page 17 “Compost” means the product resulting from the controlled biological decomposition of Source Separated Organic Waste. “Composting” means the controlled and monitored process of converting Organic Waste into Compost. "Container" means a durable, corrosion-resistant, non-absorbent, leak-proof, watertight, odor-proof, rodent-resistant box, barrel, bin, canister, cart, dumpster, receptacle, or other approved device used for the purpose of holding Garbage, Recyclable Materials, or Organic Waste for Collection. “Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. “Construction and Demolition Waste” means used or discarded materials removed from the premises or property during demolition, dredging, grubbing, or building, resulting from Construction, remodeling, repair, or Demolition activities on Residential or Commercial premises or properties, governmental buildings, or other structures and pavement. “Conversion Rate” means the rate set forth in the standardized Conversion Rate table approved by the City pursuant to this Chapter for use in estimating the volume or weight of materials identified in a WMR. “Demolition” means the decimating, deconstructing, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building, whether in whole or in part, whether interior or exterior. “Designated Collection Location” means a place designated by the City Manager for Storage or Collection of Solid Waste, including Garbage, Organic Waste, and Recyclables, pursuant to CVMC 8.24.100. Designated locations include the curb, alley, waste/Recycling enclosure, a loading dock, or basement of a Commercial Business or Multi-Family premises or property where Solid Waste is placed for Collection or temporary storage prior to collection by the City’s Authorized Collector. “Diversion Requirement” means the diversion of 100 percent of Inert Waste, to include asphalt, concrete, bricks, tile, trees, stumps, rocks, or associated vegetation or soils resulting from land clearing, and not less than 50 percent of the remaining waste generated, via reuse or Recycling, unless a partial or full diversion exemption has been granted pursuant to CVMC 8.25.095, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the WMR Compliance Official for the Project. “Divert” means to use material for any purpose other than disposal in a Landfill or transformation facility. “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 2022/06/14 City Council Post Agenda Page 231 of 636 Ordinance Page 18 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. “Enforcement Action” means an action of the City to address non-compliance with this Chapter including issuing administrative citations, fines, penalties, or using other remedies. “Enforcement Agency” or “enforcement agent” means any individual, Entity, or governmental agency authorized or directed by the City Manager to enforce any provision of this Chapter or Chapter 8.24 CVMC, including any peace officer. Employees or agents of an Enforcement Agency may carry out Inspections and enforcement activities pursuant to this Chapter or Chapter 8.24 CVMC. The City is an Enforcement Agency for all sections of this Chapter and Chapter 8.24 CVMC. The City may choose to additionally delegate enforcement responsibility for certain sections to other governmental agencies. “Entity” means any firm, partnership, joint venture, association, social club, fraternal organization, establishment, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, non-profit organization, or any other group or combination acting as a unit. “Food Distributor” means an individual or Entity that distributes food to entities including Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). “Food Facility” has the same meaning as set forth 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 individual or 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: (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. “Food Recovery Service” “means an individual or Entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other Entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). 2022/06/14 City Council Post Agenda Page 232 of 636 Ordinance Page 19 “Food Waste” means all food, including fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. “Food Service Provider” means an individual or Entity primarily engaged in providing food services to Institutional, 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). “Garbage” means all Solid Waste, except Recyclable Materials, Organic Waste, and Edible Food. “Garbage Container” means a Container provided by the Authorized Collector for the purpose of Storage and Collection of Garbage. Garbage Container has the same meaning as “gray container” in 14 CCR Section 18982(a)(28). “Generator” means an individual or Entity that is responsible for the initial creation of Solid Waste. “Glass Bottles and Jars” means food or beverage containers made from silica or sand, soda ash, and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the California Public Resources Code, as well as Glass Jars and Bottles without redeemable value (“scrap”), but excluding household, kitchen, and other sources of non-container glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. “Grocery Store” means an Entity 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 bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). “Hazardous or Toxic Waste” means any waste material or mixture of wastes which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat, or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness, or harm to humans, domestic animals, or wildlife, during, or as an approximate result of, any disposal of such wastes or mixtures of wastes as defined in Section 25117 of the California Health and Safety Code, which is not legally disposable at a Class III Landfill. “Hospitality” means dining services, food, or beverage sales. This includes such services at taverns, bars, cafeterias, and Restaurants, as well as motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a Restaurant or bar, on their premises. “Incidental Waste” means less than one pound of waste deposited in a public Garbage bin or Container to prevent litter, such as waste from a fast food meal deposited in a Container or public litter bin by a pedestrian or vehicle operator. 2022/06/14 City Council Post Agenda Page 233 of 636 Ordinance Page 20 “Industrial” means any form of mechanized manufacturing facilities, factories, refineries, or Construction or Demolition operations, excluding Hazardous Waste operations. “Industrial Generator” means any property or Generator that is engaged in the manufacture of products including Construction or Demolition. Industrial Generators are typically serviced by roll-off box containers of 10-yard to 40-yard capacities and typically generate inert materials such as asphalt, concrete, building debris, and some wood and dry Organic Waste. “Industrial Recyclables” means Recyclables from Industrial, Construction, or Demolition operations, including asphalt, concrete, dirt, land-clearing brush, sand, and rock. “Industrial Solid Waste” means Solid Waste originating from mechanized manufacturing facilities, factories, refineries, Construction or Demolition Projects, or publicly operated treatment works, excluding Recyclables and Organic Waste, if properly handled and treated, and excluding Hazardous or Toxic Waste. “Inert Waste” means materials such as concrete, soil, fully cured asphalt, bricks, rocks, slag, ceramics, earthen cooking ware, clay and clay products, crushed glass, fiberglass, roof shingles, and plaster. Inert Waste does not include materials containing putrescible waste or Compostable waste. “Inspection” means a site visit where City or Enforcement Agent reviews records, Containers, and an individual or Entity’s Collection, handling, recycling, or Landfill disposal of Solid Waste handling to determine if the Entity is complying with requirements set forth in this Chapter and State Waste Laws. “Institutional” means any premises owned or occupied by local, State, or federal agencies, typically Office or education facilities with a common waste stream. “Integrated Solid Waste Management” means a planned program for effectively controlling the Storage, collection, transportation, Processing and reuse, conversion, or disposal of Solid Waste, Recyclables, or Organic waste in a safe, sanitary, aesthetically acceptable, environmentally sound, and economical manner. It includes all administrative, financial, environmental, legal, and planning functions as well as the operational aspects of Solid Waste handling, disposal, litter control, and resource Recovery systems necessary to achieve established objectives. “Landfill” means a disposal system by which Solid Waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, California Public Resources Code, and the Federal Resource Conservation and Recovery Act. “Large Event” means an event, including 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 2022/06/14 City Council Post Agenda Page 234 of 636 Ordinance Page 21 individuals per day of operation of the event, at a location that includes a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes 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 Chapter 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 Chapter. “Large Quantity Generator” means those Residential, Commercial, Industrial, or institutional Entities that generate more than 300 gallons of waste per week excluding Source Separated Recyclables Diverted from disposal or transformation. “Multi-Family” means of, from, or pertaining to Residential premises or property with five (5) or more dwelling units. Multi-Family premises or properties do not include hotels, motels, or other transient occupancy facilities. “Nuisance” means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of individuals, although the extent of annoyance or damage inflicted upon the individual may be unequal, and includes conditions that occur as a result of the Storage, Removal, transport, Processing, or disposal of Solid Waste, including Organic Waste, Compost, or Recyclables, and Edible Food. A condition upon or use of real property within the City that violates the Municipal Code or state law shall also constitute a Nuisance. “Office” means any Office, combination of Offices, or connected building or Office space regardless of Office affiliation, ownership, or occupancy. This includes businesses used for retail, wholesale, professional services, legal services, financial services (to include banks), medical services, shipping and receiving areas, churches, schools, colleges, and libraries. “Organic Waste” means material originated from living organisms and their metabolic waste products, including food, green material, Yard 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). Organic Waste does not include incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board, or other manufactured products that contain glue, formaldehyde, or nonorganic or nonbiodegradable materials. 2022/06/14 City Council Post Agenda Page 235 of 636 Ordinance Page 22 “Organic Waste Generator” means an Individual or Entity that is responsible for the initial creation of Organic Waste. “Organic Waste Processing” means the accumulation and Storage of Organic Waste in a manner that leads to the intentional or unintentional thermophilic decomposition of Organic Waste. The acceptance of payment for Organic Waste and the accumulation of more than 15 yards or three tons per year of unprocessed, shredded, ground, or Composted material shall constitute Organic Waste Processing and is subject to the City, County, and State requirements regulating Compost or Solid Waste facilities. “Organics Container” means a Container provided by the Authorized Collector for the purpose of Storage and collection of Organic Waste. Organics Container has the same meaning as “green container” in 14 CCR Section 18982(a)(29). “Performance Deposit” means cash, money order, check, or surety bond in the amount set forth in CVMC 8.25.095(B)(3). “Plastic Bottle” means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo, or other substances intended for household or Hospitality use; to be distinguished from non-bottle containers (e.g., deli or margarine tub containers) and from non-household plastic bottles such as those for containing motor oil, solvents, or other non-household substances. “Pollution” means the condition caused by the presence in or on a body of water, soil, or air of any Solid Waste or substance derived therefrom in such quantity, or such nature and duration, or under such condition, that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. “Prohibited Container Contaminants” means non-Organic Waste placed in an Organics Container, or non-Recyclable Materials placed in a Recycling Container. “Processing” means the reduction, separation, Recovery, conversion, or recycling of any component(s) of Solid Waste. “Project” means any activity which requires an application for a Construction or Demolition permit, or any similar permit from the City. “Putrescible Wastes” means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products including , kitchen waste, dead animals, and food from containers, except Organic Wastes separated therefrom and used in Composting. “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). 2022/06/14 City Council Post Agenda Page 236 of 636 Ordinance Page 23 “Recyclables” and “Recyclable Materials” has the same meaning as Source Separated Recycling Materials. “Recycling” means the process of collecting and forming used products into new products by reprocessing or remanufacturing them. “Recycling Container” means a Container provided by the Authorized Collector for Recyclable Materials for the purpose of Storage and collection of Recycling Material. Recycling Container has the same meaning as “blue container” in 14 CCR Section 18982(a)(5). “Removal” means the act of taking Solid Waste from the place of generation either by the Authorized Collector or by an individual or Entity in control of the premises. “Renovation” means any change, addition, or modification in an existing structure. “Residential” means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more individuals, including Single-Family and Multi-Family premises or properties, apartment-hotels, boarding and lodging houses. “Residential” does not include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated as Hospitality establishments. “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). “Roll-off Service” means service provided for the collection, Removal, and disposal of Industrial waste such as Construction, Demolition, or other primarily inert, putrescible, or non-Putrescible Wastes and Organic Wastes. Roll-off Service is usually provided using metal containers of 10 to 40 cubic yards that are open on the top with doors on one end. “Rubbish” means non-putrescible Solid Wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products, or litter. Such materials that are designated as Recyclable or Compost may be exempt from categorizing as Rubbish; provided, such materials are handled, processed and maintained in a properly regulated manner. “Salvaging” means the authorized collection and Storage or Removal of Solid Waste, including Recyclables, Organic Waste, or Edible Food. “SB1383” 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.. 2022/06/14 City Council Post Agenda Page 237 of 636 Ordinance Page 24 “SB1383 Regulations” means 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. “Scavenging” means the uncontrolled or unauthorized Removal of Solid Waste, Source Separated Recyclable Materials, or Source Separated Organic Waste. “Self-Hauler” means an individual or Entity that hauls Solid Waste, including Source Separated Organic Waste or Source Separated Recyclable Materials, they have generated to another individual or Entity. Self-Hauler also includes an individual or Entity that 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 or 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 or properties with fewer than five (5) dwelling units. “Small Quantity Generator” means those Residential, Commercial, Industrial and institutional entities that generate less than 300 gallons of waste per week excluding Source Separated Recyclables Diverted from disposal or transformation. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including Garbage, Rubbish, ashes, Industrial wastes, Demolition and Construction wastes, abandoned vehicles and parts thereof, discarded home and Industrial appliances, Organic Waste, Recyclable Materials, and discarded Edible Food. Solid Waste also includes dewatered, treated, or chemically fixed sewage sludge that is not Hazardous Waste; 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 Section 40141 of the State Public Resources Code; (2) radioactive waste regulated pursuant to the State Radiation Control Law 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 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 Section 40195.1 of the State Public Resources Code. 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. “State” shall mean the state of California. “Storage” means the interim containment of Solid Wastes in an approved manner after generation and prior to disposal, collection, or Processing. For purposes of this definition, “interim” means for one week or less. 2022/06/14 City Council Post Agenda Page 238 of 636 Ordinance Page 25 "Source Separated" means materials that have been kept separate from other materials in the Solid Waste stream at the point of generation, for the purpose of additional sorting or Processing 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). "Source Separated Organic Waste" means those organics that can be placed in an Organics Container for Compost Processing, including food scraps, food soiled paper and landscaping and pruning waste, and any other items as determined by the City. The Authorized Collector may, in its discretion, designate additional categories of non-hazardous or toxic materials accepted in the Organics Container. "Source Separated Recyclable Materials" means those Recyclable Materials that can be placed in the Recycling Container, including: glass and Plastic Bottles; aluminum, tin and steel cans; metals; unsoiled paper products; printing and writing paper; Cardboard; and any other items as determined by the City. The Authorized Collector may, in its discretion, designate additional categories of nonhazardous or toxic materials accepted in the Recycling Container. “State Waste Laws” means the California Integrated Waste Management Act of 1989, the California Global Warming Solutions Act of 2006, SB 1016 of 2008, the Jobs and Recycling Act of 2011 (AB 341), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), the Short-Lived Climate Pollutant Reduction Act of 2016 (SB 1383), and the SB 1383 Regulations adopted in 2020. “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. “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. 2022/06/14 City Council Post Agenda Page 239 of 636 Ordinance Page 26 (2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue. (5) Large Event. (6) 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. “Total Project Costs” means the total value of a Project as calculated using Chula Vista’s standard valuation multipliers. “Transfer Station” or “Processing Station” means those State-permitted facilities utilized to receive Solid Wastes and to temporarily store, separate, convert, or otherwise process the Organic Waste or Recyclables. “Waste Management Report (WMR)” means a WMR form, approved by the City Manager for the purpose of compliance with this Chapter. “WMR Compliance Official” means the designated staff person(s) authorized by the City Manager and responsible for implementing the Construction and Demolition debris recycling program. “White Goods” means kitchen or other large enameled appliances which include refrigerators, washers, and dryers. “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). “Vector” means any Nuisance such as odor, unsightliness, sound, or a carrier, usually insects or rodents, that is capable of transmitting a disease. “Yard Waste” means the leaves, grass, weeds, or wood materials from trees and shrubs from Single-Family and Multi-Family premises or properties of the City’s Organic Waste (to include landscape haulings from Residential sources). Acceptable materials for collection include all Yard Waste as herein defined, excluding treated or processed wood or lumber, bulky waste, or any other materials as shall be determined by the City as to not be salvageable. All acceptable Yard Waste shall be void of nails, wire, rocks, dirt, or any other material that is not considered Yard Waste. 8.25.025 Authority to administer. 2022/06/14 City Council Post Agenda Page 240 of 636 Ordinance Page 27 A. The City Manager is authorized and directed to administer the provisions of this Chapter and Chapter 8.24 CVMC, subject to such administrative rules and regulations consistent with the Chapters as may be promulgated by the City Council or the City Manager. Administrative rules and regulations promulgated by the City Council or City Manager shall be published on the City’s website and maintained and available to the public in the office of the City Clerk. Such rules and regulations shall become effective and enforceable upon date of publication on the City’s website. B. The City Manager shall further administer the provisions of this Chapter and Chapter 8.24 CVMC subject to the terms of any agreement entered into by the City pertaining to Solid Waste Collection. 8.25.030 Collection service and fees. A. A Recyclable Material and Organic Waste Collection service program is established and shall be available to all individuals, residents, businesses, and institutions in the City for the purpose of providing for the orderly and regular collection of Recyclable Material and Organic Waste within the City under this program. B. All owners or occupants of a premises or property within the City, except those Single-Family Generators who meet the self-haul requirements contained in this Chapter, shall be required to subscribe with the Authorized Collector for Recycling Container and Organics Container collection; comply with the applicable sections of this Chapter, Code, and State and local laws; and pay for the collection and disposal of such Containers, unless granted a waiver or exemption as provided in this Code. C. No provision of this Chapter shall be construed to prevent any individual or Entity from self- hauling their own waste in their own vehicles or Composting in the rear yard of their residence, provided that such Composting does not constitute a Nuisance to neighboring property because it is injurious to health or is offensive to the senses. Nor shall any provision of this Chapter limit the right of any individual or Entity to donate or sell Recyclable Materials. D. All owners or occupants of a premises or property within the City generating Recyclables or Organic Waste shall pay the monthly collection fee charged by the Authorized Collector, not to exceed the City-approved maximum rates. A schedule of maximum rates shall be kept on file with the City Clerk and shall be available for public review. Maximum rates may be subject to increase pursuant to the terms of the City’s contract or franchise with the Authorized Collector and applicable law. Subject to the terms of the then-in-effect contract or franchise, the City Council may establish such rates by resolution, including the establishment of rates for different classifications of quantity Generators (Small quantity Generators, Large Quantity Generators, Residential, Commercial, or Industrial, or subclassifications thereof) or types of materials generated or other classifications which are deemed to be in the public interest. E. Pursuant to California Public Resources Code Section 41900, et seq., the City may, by resolution of the City Council, impose fees on Generators to pay the actual costs incurred by the City 2022/06/14 City Council Post Agenda Page 241 of 636 Ordinance Page 28 in preparing, adopting, or implementing an Integrated Waste Management plan in accordance with State mandates. F. The Authorized Collector shall provide billing service and be primarily responsible for the collection of such fees as specified in CVMC 8.24.180. No individual or Entity shall willfully fail, neglect, or refuse, after demand by the Authorized Collector to pay the fees provided for herein. All delinquent accounts shall be subject to the provisions of CVMC 8.24.180, including procedures for the assessment of fees, penalties, and a lien against the property. 8.25.035 Waivers. A. De Minimis Waivers. The City may waive a Commercial Business' obligation to comply with some or all of the Organic Waste requirements of this Chapter if documentation is provided demonstrating that the Commercial Business generates below a certain amount of Organic Waste material, (de minimis) as described below. 1. A Commercial Business requesting a de minimis waiver shall: a. Submit an application to the City specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the City. Applicants may be subject to one or more site Inspection(s) prior to approval of a waiver. b. Provide documentation with the de minimis waiver application that either: i. The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Recycling Container or Organics Container comprises less than twenty gallons per week per applicable Container of the business' total waste; or, ii. The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Recycling Container or Organics Container comprises less than ten gallons per week per applicable Container of the business' total waste. For the purposes of subsections (b)(i) and (ii) above, total Solid Waste shall be the sum of weekly Garbage, Source Separated Recyclable Materials, and Source Separated Organic Waste measured in cubic yards. 2. If the de minimis waiver is granted, the Commercial Business shall notify the City if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded. 2022/06/14 City Council Post Agenda Page 242 of 636 Ordinance Page 29 3. If the de minimis waiver is granted, the Commercial Business shall provide written verification of continued eligibility for de minimis waiver to the City every five years. B. Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligation to comply with some or all of the Organic Waste collection service requirements of this Chapter if the City has evidence from a licensed contractor, licensed architect, licensed engineer, or other individual or Entity authorized by the City demonstrating that the premises or property lacks adequate space for the collection containers required for compliance with the Organic Waste collection service requirements set forth in this Chapter. A Commercial Business or property owner requesting a physical space waiver shall: 1. Submit an application to the City specifying the service or requirements for which it is requesting a waiver. 2. Provide documentation with the application for a physical space waiver that the premises or property lacks adequate space for Recycling Containers or Organics Containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other individual or Entity authorized by the City. 3. If the physical space waiver is granted, notify the City if the Commercial Business' physical space configurations or amounts of Solid Waste generation change, in which case the physical space waiver may be rescinded. 4. If the physical space waiver is granted, provide written verification to the City of continued eligibility for a physical space waiver every five years. C. Change of ownership of a Commercial Business or property automatically revokes a waiver and the new owner must comply with this Chapter or obtain its own waiver. D. Upon the determination of the City, a written notification of the approval or denial of a waiver shall be issued to the applicant. 8.25.040 Storage and containers. A. All owners and occupants of premises or property within the City shall be responsible for the safe and sanitary Storage of all Solid Waste accumulated on such premises or property. All owners and occupants of a premises within the City shall store Recyclables and Organic Waste separately from Garbage. All owners and occupants of premises or property within the City shall store such Recyclables and Organic Waste on the premises or property in such a manner so as not to constitute a fire, health, or safety hazard, and shall require it to be handled in such a manner so as not to promote the propagation, harborage, or attraction of Vectors, or the creation of litter or other Nuisances. 2022/06/14 City Council Post Agenda Page 243 of 636 Ordinance Page 30 B. Pursuant to the terms and conditions of any contract or franchise between the City and the Authorized Collector, the Authorized Collector shall provide suitable and sufficient Containers for all premises and property to sufficiently store Source Separated Recyclable Materials and Source Separated Organic Waste to be made available for curbside pickup. The color, style, and markings of the Containers shall be determined by the Authorized Collector and subject to approval by City. Commercial Businesses shall cause all Commercial Recycling Containers to remain locked at all times in order to discourage Scavenging and prevent dumping of Garbage in the Container, unless exempted by the City Manager in conjunction with the Authorized Collector. C. Recyclable Material and Organic Waste for donation, sale, or collection by or to any individual or Entity other than the Authorized Collector, may not be stored or transferred in Containers provided by the Authorized Collector. Storage of Recyclable Materials and Organic Waste at the Designated Collection Location other than for pickup by the Authorized Collector is prohibited. D. Containers which do not comply with the requirements of this Section shall be presumed to be Garbage and may be taken by the Authorized Collector. E. It shall be unlawful for any individual or Entity to dispose, dump, or otherwise place material other than Recyclables in a Recycling Container or at a Designated Collection Location. 8.25.050 Separation of Recyclable Materials and Organic Waste. A. Generators subject to the requirements of State Waste Laws shall fully comply with all applicable requirements of the State Waste Laws and this Chapter. B. All Generators in the City, except those that meet Self-Hauler requirements set forth in this Chapter, or Commercial Businesses or property owners that obtain a waiver pursuant to requirements in this Chapter shall: 1. Prepare and separate Recyclable Materials and Organic Waste from Garbage. 2. Participate in the collection services provided by the Authorized Collector by placing Source Separated Recyclable Materials in the Recycling Container, and placing Source Separated Organic Waste in the Organics Container. Generators shall not place Prohibited Container Contaminants in Recycling Containers or in Organics Containers. 3. Obtain and utilize a sufficient number of Containers to adequately store all Source Separated Recyclable Materials and Source Separated Organic Waste generated in connection with the residence or business between the times designated for Collection. The City shall have the right to review the number and size of such Containers to evaluate the adequacy of capacity provided for each type of Collection service and to require additional or larger Containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their Collection services as requested by the City in order to meet the standards set forth in this Chapter. 2022/06/14 City Council Post Agenda Page 244 of 636 Ordinance Page 31 4. Place Recycling Containers and Organics Containers at the Designated Collection Location for collection by the Authorized Collector; Generators shall not place such Containers in an alley or on the curb or on the street before 6:00 p.m. on the day immediately prior to the collection day, nor permit Containers to remain in an alley or on a curb or on the street after 8:00 p.m. on the collection day. 5. Maintain Recycling Containers and Organics Containers in a sanitary condition at all times. Any bulky material must be reduced in size so that it may be placed in the appropriate Container not overflowing and with the cover tightly closed and without excessive tamping, so that the Container may be easily emptied. Brush and limbs of trees may be placed outside of Organics Containers, tied with natural fiber (compostable) twine into bundles of not more than four feet in length, 18 inches in diameter and 35 pounds in weight. C. Notwithstanding the requirements in Subsection B above, Generators may manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, or using a community Composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws. D. Notwithstanding the requirements in Subsection B above, Organic Waste may be fed to animals on the premises or property where such Organic Waste is produced, provided that such premises or property are always kept in a sanitary condition to the satisfaction of the City Manager; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated. E. In addition to the requirements in Subsection B above, Commercial Businesses shall also: 1. Provide or arrange for Garbage Container, Organics Container, and Recycling Container Collection service for employees, contractors, tenants, and customers, and supply and allow access to an adequate number, size, and location of Containers with sufficient labels or colors as noted in this Chapter or, if self-hauling, in compliance with self-hauling requirements set forth in this Chapter. The requirements of this provision shall apply to Multi- Family premises or properties. 2. Provide or arrange for Containers for the collection of Source Separated Organic Waste and Source Separated Recyclable Materials in all areas where the Commercial Business provides Garbage Containers for employees, contractors, tenants, customers and other users of the premises. Containers for Source Separated Organic Waste and Source Separated Recyclable Materials do not need to be provided in restrooms. If a Commercial Business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of Container, then the business does not have to provide that particular type of Container in all areas where Garbage Containers are provided. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either: 2022/06/14 City Council Post Agenda Page 245 of 636 Ordinance Page 32 a. A body or lid that conforms with the following Container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black Containers for Garbage, blue Containers for Source Separated Recyclable Materials, and green Containers for Source Separated Organic Waste. Notwithstanding the foregoing, a Commercial Business is not required to replace functional Containers, including Containers purchased prior to codification of this Chapter, that do not comply with the color requirements of this Section prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first; or b. Container labels that include language or graphic images, or both, indicating the primary materials 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. The Container labeling requirements are required on new Containers commencing as of the date provided in the State Waste Laws. The requirements of Section 8.25.050(E) shall not apply to Multi-Family premises or properties. 8.25.055 Commercial education and outreach requirements. All Commercial Business owners are required to: A. Prohibit employees, to the extent practical through education, training, Inspection, or other measures, from placing Prohibited Container Contaminants in a Container not designated for those materials. The requirements of this paragraph shall not apply to Multi-Family premises or properties. B. Periodically inspect Recycling Containers, Organics Containers, and Garbage Containers for contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers. The requirements of this paragraph shall not apply to Multi-Family premises or properties. C. Provide information annually to employees, contractors, tenants, building residents, and customers about Organic Waste Recovery requirements and about proper sorting of Organic Waste and Recyclable Materials. A copy of such instructions shall be provided to the City or designee, upon request. The requirements of this paragraph shall apply to Multi-Family premises or properties. D. Provide information to new tenants within fourteen days of new occupation of the premises that describes requirements to keep Organic Waste and Recyclable Materials separate from each other and from Garbage, identifies the location of Recycling Containers, Organics Containers, and Garbage Containers, and the rules governing their use at the premises or property. The requirements of this paragraph shall apply to Multi-Family premises or properties. E. Prominently post and maintain one or more signs where Recyclable Materials or Organic Waste are collected or stored that set forth what materials are required to be Source Separated, in addition 2022/06/14 City Council Post Agenda Page 246 of 636 Ordinance Page 33 to collection procedures for such materials. The requirements of this paragraph shall apply to Multi- Family premises or properties. 8.25.060 Commercial edible food generator requirements. A. Tier One Commercial Edible Food Generators must comply with the requirements of 14 CCR Section 18991.3 commencing on the date provided by the Act. Tier Two Commercial Edible Food Generators must comply with the requirements of 15 CCR Section 18991.3 commencing January 1, 2024, or such later deadline established by State law or regulations. 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, or such later deadline established by State law or regulations. C. Commercial Edible Food Generators shall comply with the following requirements: 1. Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed. 2. Enter into a contract or other written agreement with Food Recovery Organizations or Food Recovery Services for: (a) the collection for Food Recovery of Edible Food that would otherwise be disposed; or, (b) acceptance of Edible Food that would otherwise be disposed that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. 3. Use best efforts to abide by all contractual or written agreement requirements specified by the Food Recovery Organizations or Food Recovery Services on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed, or transported to the Food Recovery Organizations or Food Recovery Services. 4. Not intentionally donate food that has not been prepared, packaged, handled, stored or transported in accordance with the safety requirements of the California Retail Food Code. 5. Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. 6. Allow the City or an Enforcement Agent to review records upon request, including by provided electronic copies or allowing access to the premises or property. 7. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: 2022/06/14 City Council Post Agenda Page 247 of 636 Ordinance Page 34 a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: i. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization. ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self- hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. 8. If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services, a record that describes: a. Its direct donation of Edible Food to end recipients (including employees); or b. Its Food Waste prevention practices that result in it generating no surplus Edible Food that it can donate. D. Nothing in this Chapter shall be construed to limit or conflict with: 1. 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; or 2. Otherwise applicable food safety and handling laws and regulations. E. Nothing in this Chapter prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a). 8.25.065 Food Recovery Organizations and Services requirements. A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records: 2022/06/14 City Council Post Agenda Page 248 of 636 Ordinance Page 35 1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. 2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. 4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. 5. All other records required by 14 CCR Section 18991.5(a)(1). 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: 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. 4. All other records required by 14 CCR Section 18991.5(a)(2). C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with (regardless of whether those Commercial Edible Food Generators are located in the City) according to the following schedule: no later than March 31, 2023, and no later than every March 31 thereafter, covering the period of January 1 to December 31 of the previous calendar year. D. In order to support Edible Food Recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide, upon request, information and consultation to the City and San Diego County regarding existing, or proposed new or expanded, Food Recovery capacity in a form that can be provided to or that can be accessed by the City and County and Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by an Enforcement Agency shall respond to such 2022/06/14 City Council Post Agenda Page 249 of 636 Ordinance Page 36 request for information within sixty days, unless a shorter timeframe is otherwise specified by the Enforcement Agency. 8.25.070 Reports. A. All Commercial and Industrial Entities shall submit Recycling tonnage documentation on an annual basis to the City’s Environmental Services Manager or City Manager, due on or before January 31 for the previous calendar year. Annual reporting shall be on the form promulgated by the City Manager, and commence on the first anniversary of the date set forth in the mandatory recycling implementation schedule as established in this Chapter as of July 1, 1993. B. All Commercial Edible Food Generators and Food Recovery Organizations and Food Recovery Services shall submit reports to the City’s Environmental Services Manager or City Manager, in accordance with the requirements set forth in Sections 8.25.060 and 8.25.065 of this Chapter, respectively. C. All applicants for a Construction or Demolition permit for a Covered Project must submit a Waste Management Report (WMR) to the WMR Compliance Official for approval, prior to permit issuance, per CVMC 8.25.095. 8.25.075 Self-Haulers A. Self-Haulers shall: 1. Source Separate their Recyclable Materials and Organic Waste generated on-site from Garbage in a manner consistent with this Chapter; and 2, Haul their Source Separated Recyclable Materials to a facility that recovers those materials; and 3. Haul their Source Separated Organic Waste to a facility, operation, activity, or property that processes or recovers Source Separated Organic Waste or to a high diversion Organic Waste Processing facility; and 4. Haul their Garbage to a fully permitted Solid Waste facility. B. Self-Haulers that are Commercial Businesses, including Multi-Family premises or properties, shall keep 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 City. The records shall include the following information: 1. 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. 2022/06/14 City Council Post Agenda Page 250 of 636 Ordinance Page 37 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. C. Self-Haulers that are Commercial Businesses, including Multi-Family premises or properties, shall provide these records to City within sixty days of request by City. D. Landscapers, who self-haul Organic Waste generated at a customer's site, must also meet the requirements in this Section. E. A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to record or report this information. 8.25.080 Scavenging. A. It shall be unlawful for any individual or Entity other than authorized City personnel or an Authorized Collector to remove any Recyclable Material or salvageable commodity from any Designated Collection Location or Recycling Container. However, the original Generator of the Recyclable Materials may, for any reason, remove the Recyclable Materials placed by said Generator from the Recycling Container or designated Collection Location in which said Generator had originally placed them. B. It shall be unlawful for any individual or Entity to disturb, modify, harm, or otherwise tamper with any Container containing Recyclable Materials or Organic Waste, or the contents thereof, or to remove any such Container from the location where the same was placed by the Generator thereof, or to remove the contents of any such Container, unless authorized by the Generator of such Recyclable Materials or Organic Waste, or duly authorized City personnel or Authorized Collector. 8.25.090 Composting. A. Every establisher of a Composting pile, bin, holding area, or other such Composting system shall first obtain a permit from the City, if the total volume used within the boundaries of the premises or property for Composting is 15 cubic yards or greater. B. Every Composting pile, bin, holding area, or other such Composting system shall be maintained so as to not create a public or private Nuisance through visual, odor, safety, or other means, or as prescribed in Chapter 19.66 CVMC. Without constituting a limitation on the foregoing, no such Composting pile, bin, holding area, or other such Composting system shall be maintained within six feet from an exterior window, exterior door, or other exterior entrance to an inhabited residential structure other than one owned by the owner of such Composting system. C. The owner, operator, or occupier of a premises or property containing a Composting pile, bin, holding area, or other such Composting system that is greater than five feet high, five feet wide, and 2022/06/14 City Council Post Agenda Page 251 of 636 Ordinance Page 38 five feet in length shall weekly monitor temperature, through utilization of a thermometer designed for such purposes. D. No single Compost pile, bin, holding area, or other such Composting system on a Single-Family (as defined in Ordinance No. 2492) premises or property shall be more than five feet in height or greater than six feet in width or length. 8.25.095 Construction and demolition debris recycling. The provisions of this Section shall outline the means of achieving compliance with California Green Building Standards Code (Title 24, Part II, Sections 4.408 and 5.408) and this Section. Where this Section is more stringent, this Section applies. A. Projects. 1. Covered Projects. The following Project categories are Covered Projects and must comply with this Section: a. Any Project requiring a permit for Demolition or Construction, unless defined as a Non- Covered Project in Subsection (A)(4) of this Section. b. Any sequenced developments, such as housing subdivision Construction or subdivision Demolition, must be considered as a Project in its entirety for purposes of this Section, and not as a series of individual Projects. c. Any individually built Single-Family home. 2. City-Sponsored Projects. All City Construction and Demolition Projects shall be considered Covered Projects and shall submit a Waste Management Report to the City Manager prior to issuance of any Construction or Demolition permits. 3. Tenant Improvements. All tenant improvements less than 10,000 square feet, and individual Single-Family home Construction, remodel, addition or Renovation, shall submit a Waste Management Report only. No Performance Deposit is required. 4. Non-Covered Projects. A Performance Deposit and Waste Management Report shall not be required for the following: a. Work for which a Construction or Demolition permit is not required. b. Roofing Projects that do not include tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required. 2022/06/14 City Council Post Agenda Page 252 of 636 Ordinance Page 39 d. Seismic tie-down Projects. e. Emergency required to protect public health and safety. B. Submission of Waste Management Report. 1. Construction and Demolition Waste Management Report Forms. Applicants for any Covered Project shall complete and submit a Construction and Demolition Waste Management Report on a Waste Management Report form (WMR) approved by the City for this purpose. The WMR may be administratively updated by the Public Works Director or designee to meet the requirements of the City and California Green Building Standards Code. The purpose of the WMR is to illustrate how the applicant plans to comply with the Diversion Requirements per CVMC 8.25.020 and the California Green Building Standards Code Sections 4.408 and 5.408. Upon Project completion, the WMR will illustrate how the applicant complied with the Diversion Requirements. 2. Initial Application. Notwithstanding any other provision of this code and California Green Building Standards Code, no Construction or Demolition permit may be issued until the initial Construction and Demolition Waste Management Report has been approved by the WMR Compliance Official. The WMR Compliance Official will respond to the applicant’s WMR submittal within 10 business days with an approval, denial, or request for clarification. If the WMR Compliance Official does not respond within 10 business days, the applicant should notify the WMR Compliance Official. After notification by the applicant, the WMR Compliance Official will then have three business days to complete the review. If the review is not completed within three business days after the notification, the deposit requirement will be waived. 3. Amount of Performance Deposit. The applicant for any Covered Project shall submit to the City a Performance Deposit, with the exception of City-sponsored Projects, tenant improvements greater than 1,000 square feet but less than 10,000 square feet, and individual Single-Family home Construction, remodel, addition, or Renovation Projects. The amount of the Performance Deposit shall be calculated as the lesser of three-quarters of one percent of the Total Project cost for new Construction and one and one-half percent of the Total Project costs for Demolition Projects or $30,000 maximum. Acceptable forms of payment include cash, money order, check, or surety bond. All bonds shall be in the form prescribed by the City and by such sureties which are admitted insurers in the state of California, are subject to regulation by the Department of Insurance, and which satisfy all state requirements. The City shall not accept a surety bond for any Project with a Performance Deposit calculated at $10,000 or less. Performance Deposit funds in the form of cash, money order, or check will be placed in a secured account. The Performance Deposit shall be returned to the applicant upon acceptance of proof of compliance in full. If partial compliance, the Performance Deposit will be refunded on a prorated basis dependent on the degree of compliance. 2022/06/14 City Council Post Agenda Page 253 of 636 Ordinance Page 40 4. Documentation. Within 30 days after Demolition is completed (if a Demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for premises or properties within a phased Project of any Covered Project, the applicants shall submit to the WMR Compliance Official documentation that it has met the Diversion Requirement for the Project, unless applicant has been granted an exemption pursuant to Subsection (C) of this Section. The documentation shall include all of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entirety; c. Photographs and narrative documentation of the applicant’s reuse activities. 5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all Construction, Renovation, and Demolition waste Diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all Construction, Renovation and Demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For Construction, Renovation, and Demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized rates established by the Conversion Rates table approved by the City for this purpose. Conversion Rate tables will be included with the Waste Management Report form. 6. Determination of Compliance and Release of Performance Deposit. The WMR Compliance Official shall review the information submitted under this Section and determine whether the applicant has complied with the Diversion Requirement, as follows: a. Compliance. If the WMR Compliance Official determines that the applicant has fully complied with the Diversion Requirement applicable to the Project, they shall cause the release of the Performance Deposit to the applicant within 60 days of the applicant’s submission of the documentation required under this Section. If the applicant has complied in part, a portion of the Performance Deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/Diverted. b. Noncompliance. If the WMR Compliance Official determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited or unrecovered funds shall be used for waste reduction and recycling activities. C. Exemption. 2022/06/14 City Council Post Agenda Page 254 of 636 Ordinance Page 41 1. Application. If an applicant for a Covered Project experiences unique circumstances that the applicant believes make it infeasible to comply with the Diversion Requirement, the applicant may request an exemption at the time that they submit the WMR. The applicant shall indicate on the WMR the maximum rate of diversion they believe is feasible for each material and the specific circumstances that they believe make it infeasible to comply with the Diversion Requirement. 2. Meeting with WMR Compliance Official. The WMR Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the Diversion Requirement. 3. Granting of Exemption. If the WMR Compliance Official determines that it is infeasible for the applicant to meet the Diversion Requirement due to unique circumstances, the WMR Compliance Official shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The WMR Compliance Official shall return a copy of the WMR to the applicant marked “Approved with Exemption.” The applicant shall then be responsible for Diverting the revised rate noted by the WMR Compliance Official on the approved WMR, in compliance with the provisions of this Section. 4. Denial of Exemption. If the WMR Compliance Official determines that it is possible for the applicant to meet the Diversion Requirement, the WMR Compliance Official shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this Section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this Section, the WMR Compliance Official shall deny the WMR. D. Appeal. Appeals of a determination made by the WMR Compliance Official under this Section shall be made to the City Manager. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the WMR Compliance Official’s decision. The appeal shall be limited to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The City Manager shall set the matter for hearing before a hearing officer and notify the parties of the date and location of the hearing at least 10 business days prior to such date. The fee to request an appeal of the determination made by the WMR Compliance Official shall be in the form of a deposit, the amount to be determined by the City Manager based on the anticipated cost to conduct the hearing and in accordance with any applicable law. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the determination made by the WMR Compliance Official is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted in accordance with regulations promulgated by the City Manager. The hearing officer’s determination shall be final. 8.25.100 Inspections and investigations. 2022/06/14 City Council Post Agenda Page 255 of 636 Ordinance Page 42 A. The City Manager shall be designated as an Enforcement Agent for purposes of enforcing this Chapter and may deputize one or more employees of the City to carry out the duties of an Enforcement Agent. B. The City and each Enforcement Agent is authorized to conduct any Inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws. This may include Inspections and investigations, at random or otherwise, of any Container, collection vehicle load, or transfer, Processing, or disposal facility to confirm compliance with this Chapter, subject to applicable laws. For the purposes of inspecting Commercial Business Containers for compliance, the City and each Authorized Agent may conduct Container Inspections for Prohibited Container Contaminants using remote monitoring, and Commercial Businesses shall accommodate and cooperate with the remote monitoring. C. An individual or Entity subject to the requirements of this Chapter shall provide or arrange for access during all Inspections (with the exception of the interior a private Residential premises or properties) and shall cooperate with the City or Enforcement Agent during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in Containers, Inspection of Edible Food Recovery activities, review of required records, or other verification or Inspection to confirm compliance with any other requirement of this Chapter, Inspection of County-run Transfer Stations, Otay Landfill and any other Landfills that the County may establish or acquire. It is a violation of this Chapter to fail to provide or arrange for: 1. Access to the premises or property; 2. Installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or 3. Access to records for any Inspection or investigation. D. Any records obtained by the City or Authorized Agent during Inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq. E. The City or Authorized Agent shall accept written complaints from individuals regarding an individual or Entity that may be potentially noncompliant with this Chapter. Written complaints may be submitted using the City form for code complaints. F. This section shall not be construed to deprive any individual or Entity of any privileges guaranteed by the Constitutions of the United States or the State of California, or any other statutory privileges. 8.25.105 Violations and penalty. 2022/06/14 City Council Post Agenda Page 256 of 636 Ordinance Page 43 A. It shall be unlawful for any individual or Entity to violate any provision or fail to comply with the requirements of this Chapter or any regulation adopted hereunder. Each day that a violation continues is deemed to be a new and separate offense. Any Section of this Chapter may be enforced by the City, or, if agreed to, by another Enforcement Agency designated by the City. B. Violations of any provisions of this Chapter, unless otherwise specified, shall constitute an infraction and shall be subject to Enforcement Action pursuant to Title 1 of the Chula Vista Municipal Code. C. Scavenging in violation of Section 8.24.200, Section 8.25.080, or Government Code section 41950 may be charged as a misdemeanor punishable by a fine not to exceed one thousand dollars or imprisonment for a period not to exceed six months or both, or as otherwise provided by law. D. Any condition caused or allowed to exist in violation of any of the provisions of this Chapter or any regulation adopted hereunder is a public Nuisance. Such violation may be abated by the City, or by the City Attorney on behalf of the people of the State, as a Nuisance in any manner provided for by this code, including summary abatement, or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the People of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this Chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. All expenses incurred by the City in connection with any action to abate a public Nuisance will be chargeable as authorized by law to the individuals or Entities creating, causing, committing, or maintaining the public Nuisance. E. An Enforcement Agent may issue an administrative penalty for violation of any of the provisions of this Chapter or any regulation adopted hereunder in amounts that shall not exceed the following: 1. For a first violation, the amount of the base penalty shall be fifty to one hundred dollars per violation. 2. For a second violation, the amount of the base penalty shall be one hundred to two dollars per violation. 3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty to five hundred dollars per violation of the same provision within a twelve-month period. This remedy is not exclusive and is in addition to any other remedy or penalty provided by law. F. The maximum penalties described in Subsection (E) of this Section shall be increased automatically if the maximum penalties established 14 CCR Section 18997.2 are amended. G. Each criminal citation and administrative penalty issued for a violation of any provision of his Chapter may be issued, levied, or assessed against the Generator, Authorized Collector account holder, and any other individual or Entity, including the owners or occupants of premises or properties within the City, that caused, created, committed, or maintained the violation. 2022/06/14 City Council Post Agenda Page 257 of 636 Ordinance Page 44 H. An individual or Entity issued an administrative penalty may appeal such penalty within 10 calendar days from the date the penalty is issued. The appeal shall be in writing and filed with the City Clerk upon forms provided by the City. The appeal shall specify therein that the penalty was issued in error and identify facts and circumstances on which the claim of error is based. The City Manager shall set the matter for hearing before a hearing officer and notify the parties of the date and location of the hearing at least 10 business days prior to such date. The scope of the appeal hearing shall be limited to whether the penalty was issued in error. The fee to request an appeal of the penalty shall be in the form of a deposit, the amount to be determined by the City Manager based on the anticipated cost to conduct the hearing and in accordance with any applicable law. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the penalty is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted in accordance with regulations promulgated by the City Manager. The hearing officer’s determination shall be final. I. Nothing in this Section shall be construed as preventing the City from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements in addition to the imposition of penalties authorized under this Section. J. The remedies specified in this Section are cumulative and in addition to any other remedies available under State or local law for violation of this Chapter. 8.25.110 Severability. If any provision, clause, sentence, or paragraph of this Chapter or the application thereof to any individual or Entity or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are hereby declared to be severable. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. 2022/06/14 City Council Post Agenda Page 258 of 636 Ordinance Page 45 Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Eric Crockett Glen R. Googins Deputy City Manager City Attorney 2022/06/14 City Council Post Agenda Page 259 of 636 From: Ignacio De La Torre < Sent: Saturday, June 11, 2022 9:28 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Support of Items 5.3 and 7.1 - Organics Recycling Warning: External Email June 10, 2022 Honorable Mayor and City Councilmembers City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Support of Items 5.3 and 7.1 - Organics Recycling Dear Mayor Casillas Salas and City Councilmembers, I write in support of Items 5.3 and 7.1, known generally as Organics Recycling. We are a family which has made investments at our Chula Vista home in items that we believe have a positive effect on the environment. We added solar panels to reduce our electricity consumption and we replaced our front yard grass area with a xeriscape landscaping to reduce water consumption. They came at a cost but we were willing to bear the cost because we think it is an investment that improves our environment. We see organics recycling in the same manner. Notwithstanding the fact that the state of California requires this change, it is one that will improve the manner is which waste is handled. Such an improvement allows Chula Vista to continue to serve as a leader in the state Thank you for your consideration. Ignacio De La Torre Items 5.3 and 7.1 - De La Torre Written Communications 2022/06/14 City Council Post Agenda Page 260 of 636 From: Karen Clay < Sent: Tuesday, June 14, 2022 7:02 AM To: cityclerk@chulavista.ca.gov Cc: Karen Clay <Manuel Medrano <mmedrano@chulavistaca.gov>; Dave Didonato <ddidonato@chulavistaca.gov>; Elizabeth Prado < Subject: Comment for June 14th City Council Meeting, Consent Calendar item 5.3, Report 22-0124 I am having problems uploading my comments to the CV system. Please call me at your earliest convenience if you need something else from me. I will be driving and will return you call. Please read at the meeting tonight as I will not be in town. City of Chula Vista June 14th City Council Meeting Input for I Love to Glean I want to thank Republic Services for building an annual funding program for food recovery organizations into your ongoing plans. It is critical to the success of Chula Vista food recovery businesses that we get adequate funding to build the infrastructure so that we can do the work we love to do which is feeding those in need and helping to save the environment. Feeding agencies in Chula Vista are trusted to manage Millions and Millions of dollars worth of food safely and to get it to those in need. We add value to the system, and we need all the help we can get to build capacity to manage the increasing volumes. I want to share a little background on how I Love to Glean came to be in April of 2020. The idea for I Love to Glean was created by the South San Diego County Food Recovery Network which met for ~ 2+ years in Chula Vista on a monthly basis. The group was led by myself and Dave DiDonato from the City of Chula Vista. This network of organizations and businesses created relationships to collaborate on food recovery and redistribution and defined their collective needs. The group came up with the solution of creating a food hub that would form a regional backbone for capacity building in South San Diego County. Since our inception in 2020 I Love to Glean has delivered over 3.6 million pounds of food in San Diego County with a volunteer army of 40 organizations and hundreds of volunteers. This food had a value of over $4 million dollars. Out of the last 82 weeks we have completed 78 distributions every Tuesday benefitting residents of Chula Vista plus additional distributions in South County. The concept for I Love to Glean was to create the systems and infrastructure that would serve as a support mechanism for area feeding agencies. There would be a central location where we could have a large, shared space to store food and to safely hold it for agency partners that collaborated with us until they could distribute it. There would be capacity for many truckfuls of food needing dry, cold, and frozen storage. Each agency would have a space for their overflow products and there would be a place for food for sharing between organizations would be kept. We would have safe vehicles for transportation. We often joked about keeping the trucks together with duct tape, but it really isn’t a joke at all. Feeding organizations all struggle to keep these workhorses in shape but without adequate funding that is nearly impossible. Adequate paid staff would oversee the programs, handle logistics, volunteer coordination, and drivers. I can tell you first hand that we have weathered the storm of Covid and the increased need for food, but Warning: External Email Item 5.3 - Clay Written Communications Received 6/14/2022 2022/06/14 City Council Post Agenda Page 261 of 636 it has taken a great toll. Volunteer Leaders and key volunteer staff are burned out, they should not have to work another job just to pay their rent as well as run feeding organizations. I could go on and on, but the main point is that we appreciate you. We see that you are responding to our needs and hope that we can continue to work towards more collaborations in the future. Thank you for your time. Karen Clay President, I Love to Glean Item 5.3 - Clay Written Communications Received 6/14/2022 2022/06/14 City Council Post Agenda Page 262 of 636 2022/06/14 City Council Post Agenda Page 263 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Gann Initiative: Establish Appropriations Limit for Fiscal Year 2022-23 Report Number: 22-0172 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution establishing the GANN initiative appropriations limit for the City of Chula Vista for fiscal year 2022-23. SUMMARY Article XIIIB of the California Constitution approved by the voters in 1979 and commonly referr ed to as the Gann Initiative, requires each local government to establish an Appropriations Limit for the General Fund by resolution each year at a regularly scheduled meeting or noticed special meeting. The purpose of the limit is to restrict spending of certain types of revenues to a level predicated on a base year amount increased annually by an inflation factor. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that approval of this resolution establishing the City’s appropriation limit for fiscal year 2021-22 is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/06/14 City Council Post Agenda Page 264 of 636 P a g e | 2 DISCUSSION Article XIIIB of the California Constitution, approved by the voters in 1979, imposed the concept of spending limits on local governments. This Constitutional provision and related implementing legislation specify that annual increases in general fund appropriations financed from “Proceeds of Taxes” are limited to a base year (1978-79) amount increased annually by an inflation factor comprised of the change in population of the city combined with the greater of the change in new non-residential construction or the change in the California per capita personal income. By definition, “Proceeds of Taxes” includes such revenues as property taxes, sales and use taxes, utility user taxes, transient occupancy taxes, and state subventions. Revenues from other sources like fees/charges and federal grants are considered “Non-Proceeds of Taxes” and are not subject to the annual spending limit. This calculation has always been perfunctory for the City of Chula Vista, since the proceeds of taxes for the City are far less than the statutory appropriation limit. The State Department of Finance and the San Diego County Assessor’s Office are charged with providing the data necessary for local jurisdictions to establish their appropriation limit. According to these sources, for purposes of the fiscal year 2022-23 calculation, the population decreased 0.05%. California per capita personal income increased by 7.55% and new non-residential construction increased by 2.16%. Consequently, per capita personal income was used in the formula to compute the limit since this increase is the greater of the two amounts. The fiscal year 2022-23 Appropriation Limit has been calculated as follows: Fiscal Year 2021-22 Appropriations Limit $1,139,948,192 Increased by an inflation factor composed of the Decrease in Population and Increase in Per capita income X 1.0749623 Fiscal Year 2022-23 Appropriations Limit $1,225,401,274 The “Proceeds of Taxes” as included in the fiscal year 2022-23 Proposed Budget that are subject to the appropriations limit are estimated to be $148,997,068 (see attachment). Therefore, the City has what is referred to as an appropriation “gap” of $1,076,404,206 ($1,225,401,274 - $148,997,068). Simply stated, this means that the City could collect and spend up to $1,076,404,206 more in taxes during Fiscal Year 2022-23 without exceeding the Constitutional limit. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. 2022/06/14 City Council Post Agenda Page 265 of 636 P a g e | 3 CURRENT-YEAR FISCAL IMPACT This action will enable the City to appropriate and spend tax revenues estimated at $148,997,068 included in the proposed budget for fiscal year 2022-23. ONGOING FISCAL IMPACT The adoption of the resolution will result in no ongoing fiscal impact. ATTACHMENTS 1. FY2022-23 Gann Limit Calculation Staff Contact: Sarah Schoen, Director of Finance 2022/06/14 City Council Post Agenda Page 266 of 636 RESOLUTION NO. 2022-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE GANN INITIATIVE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2022-2023 WHEREAS, Article XIIIB of the California Constitution, approved by the voters in 1979, imposed the concept of spending limits on local governments; and WHEREAS, this Constitutional provision and related implementing legislation specifies that annual increases in appropriations financed from "Proceeds of Taxes" are limited to a base year (1978-79) amount increased annually by an inflation factor comprised of the change in population of the City combined with the greater of the change in new non-residential construction or the change in the California per capita personal income; and WHEREAS, by definition, "Proceeds of Taxes" includes such revenues as property taxes, sales and use taxes, utility users taxes, transient occupancy taxes, and state subventions; and WHEREAS, revenues from other sources like fees/charges and federal grants are considered "Non-Proceeds of Taxes" and are not subject to the annual spending limit; and WHEREAS, this calculation has always been perfunctory for the City of Chula Vista, since the proceeds of taxes for the City are far less than the statutory appropriation limit; and WHEREAS, the State Department of Finance and the San Diego County Assessor's Office are charged with providing the data necessary for local jurisdictions to establish their appropriation limit; and WHEREAS, according to these sources, for purposes of the fiscal year 2022-2023 calculation, the population decreased 0.05 %; and WHEREAS, California per capita personal income increased by 7.55% and new non- residential construction increased by 2.16% and; consequently per capita personal income change was used in the formula to compute the limit since this increase is the greater of the two amounts; and WHEREAS, the fiscal year 2022-23 Appropriation Limit has been calculated to be $1,225,401,274; and WHEREAS, the "Proceeds of Taxes" as included in the fiscal year 2022-23 Proposed Budget that are subject to the appropriations limit are estimated to be $148,997,068; and WHEREAS, the City has what is referred to as an appropriation "gap" of $1,076,404,206 ($1,225,401,274 – 148,997,068); and 2022/06/14 City Council Post Agenda Page 267 of 636 Resolution No. 2019-__________ Page 2 WHEREAS, this means that the City could collect and spend up to $1,076,404,206 more in taxes during Fiscal Year 2022-2023 without exceeding the Constitutional limit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Cit y of Chula Vista does hereby establish an appropriations limit of $1,225,401,274 for Fiscal Year 2022-23 pursuant to the requirements of Article XIIIB of the California Constitution and California Government Code section 7910. Presented by: Approved as to form by: _________________________________ _________________________________ Sarah Schoen Glen R. Googins Director of Finance City Attorney 2022/06/14 City Council Post Agenda Page 268 of 636 ATTACHMENT 1 APPROPRIATION (GANN) LIMIT GAP CALCULATION FOR FISCAL YEAR 2022-23 FY 2022-23 Proceeds of Taxes Proposed Budget Property Taxes 38,167,136 Property Tax in Lieu of VLF 23,558,103 Sales and Use Taxes 75,908,863 Transient Ocupancy Taxes 4,142,337 Utility Taxes 4,064,893 Other Local Taxes Real Property Transfer Tax 1,183,539 Business License 1,531,921 State Motor Vehicle Licenses 214,809 State Homeowners Property Taxes 225,467 Total Proceeds of Taxes 148,997,068 Appropriation Limit 1,225,401,274 GAP (Under Limit)(1,076,404,206) $0 $200 $400 $600 $800 $1,000 $1,200 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23MillionsProceeds of Taxes Compared to Legal Spending Limit Proceeds of Taxes Appropriation Limit 2022/06/14 City Council Post Agenda Page 269 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE The Road Repair and Accountability Act of 2017 (RMRA): Approve the Proposed List of Projects for Fiscal Year 2022/23 Report Number: 22-0138 Location: Citywide Department: Engineering Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15061(b)(3). Recommended Action Adopt a resolution approving the proposed list of projects for Fiscal Year 2022/23 to be funded by SB 1 (RMRA). SUMMARY Pursuant to the Streets and Highways Code (SHC) Section 2034(a)(1), prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a City must submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with these funds. Staff is recommending that the City Council adopt a resolution approving the proposed RMRA Project List for Fiscal Year 2022/23. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15061(b)(3) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION 2022/06/14 City Council Post Agenda Page 270 of 636 P a g e | 2 Not applicable. DISCUSSION The Road Repair and Accountability Act of 2017 (SB1) established the Road Maintenance and Rehabilitation Account (RMRA) which provided new funds to cities and counties throughout California to use for roadway maintenance and rehabilitation. SB1 increased per gallon fuel excise taxes, diesel fuel sales taxes , and vehicle registration taxes, stabilized the fuel tax rates and provided for inflationary adjustments to rates in future years. Required Annual Authorization The RMRA local streets and roads allocations are intended to be focused on improving the overall condition of the municipality’s pavement condition. Once a municipality reaches an average Pavement Condition Index (PCI) of 80, other transportation related projects could be proposed. As of May 2022, the City’s average PCI is 74 (good); therefore, RMRA funds should be utilized specifically for roadway maintenance and rehabilitation. Prior to receiving an apportionment of RMRA funds from the CTC in a fiscal year, the City must submit to the Commission an adopted list of projects proposed to be funded with these funds by July 1st each year. All projects proposed to receive the fiscal year funding must be adopted by resolution by the City Council at a regular public meeting for each fiscal year (Streets and Highway Code (SHC) Section 2034(a)(1)). The adopted list must include a description and the location of each proposed project, the estimated useful life of the improvement, and a proposed schedule for the project’s completion. The projected RMRA revenue for Chula Vista in FY2022/23 is $6,077,433 (Attachment 1) which will be programmed with the adoption of the City’s FY2022/23 CIP Program. The proposed project lists STL0460 and STM0412 for FY2022/23 (Attachment 2) includes street segments consisting of public roadway segments with PCI ratings between 23 to 41 that are recommended for Rehabilitation treatment, and PCI ratings between 52 to 75 that are recommended for Maintenance treatment. The overall City average PCI is projected to increase as these projects and other paving projects and TransNet funding are completed. The RMRA also requires that the City submit an annual expenditure report for all active and completed projects funded by the RMRA. The annual report will provide details on the projects completed to date and any updates to the original listing. This is the sixth year in which the City is receiving SB 1 funding and will enable the City to supplement the road maintenance and rehabilitation efforts needed on streets throughout the City. The following are the previously adopted SB1 RMRA projects: PROJECT STATUS FY2017/18 (CIP STM0395) Completed FY2018/19 (CIP STM0396) Completed FY2019/20 (CIP STM0400) Design Phase FY2020/21 (CIP STM0401) Design Phase 2022/06/14 City Council Post Agenda Page 271 of 636 P a g e | 3 (continued) PROJECT STATUS FY2021/22 (CIP STL0457) Design Phase FY2021/22 (CIP STM0410) Design Phase The projects proposed for adoption in FY2022/23 are CIP STL0460 - RMRA Pavement Maintenance and CIP STM0412 - RMRA Pavement Rehabilitation are estimated to begin preliminary engineering in March of 2023 and project completion by December of 2023. Maintenance of Effort [Streets and Highways Code Sec. 2036] The RMRA contains local agency Maintenance of Effort (MOE) requirement that applies to funds allocated through the RMRA. Similar to the existing requirements for the Gas Tax and TransNet, the MOE requirement ensures that these new funds do not supplant existing levels of city and county discretionary revenue spending on streets and roads. For RMRA, the City must maintain discretionary fund spending for street, road, and highway purposes at no less than the average of 2009-10, 2010-11, and 2011-12 fiscal years, excluding one-time funds. The RMRA MOE for Chula Vista is $4,515,412 (Attachment 3). The City anticipates meeting the MOE requirement for FY2022/23. The State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller determines that the City has not met its’ MOE, the City will be required to reimburse the state for the funds it received during that fiscal year, although the City may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance. Due to this requirement, the City established a separate account for RMRA funds within the Gas Tax Account. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Mayor Mary Casillas Salas and Councilmember Jill Galvez have property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. However, the decision solely concerns repairs, replacement , or maintenance of existing streets, water, sewer, storm drainage or similar facilities, and the members’ property will not be affected disproportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(d)(1)), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Funding of $6,077,433 and any remaining funds from previously completed RMRA projects will be programmed as part of the FY2022/23 CIP Program. Therefore, there is no additional impact to the RMRA Fund. 2022/06/14 City Council Post Agenda Page 272 of 636 P a g e | 4 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City street maintenance. Since the improvements are anticipated to increase the life of the streets included, there should be a positive long- term fiscal impact. ATTACHMENTS 1. Local Streets and Roads – Projected Revenues 2. RMRA Lists of Projects for FY2022/23 3. RMRA MOE FY10 through FY12 Staff Contact: William S. Valle, Director of Engineering and Capital Projects Patrick Moneda, Senior Civil Engineer 2022/06/14 City Council Post Agenda Page 273 of 636 Estimated May 2022 SAN DIEGO COUNTY CARLSBAD CHULA VISTA CORONADO DEL MAR EL CAJON ENCINITAS ESCONDIDO IMPERIAL BEACH LA MESA LEMON GROVE NATIONAL CITY OCEANSIDE POWAY SAN DIEGO SAN MARCOS SANTEE SOLANA BEACH VISTA County of San Diego Total Cities & County: San Diego SAN FRANCISCO COUNTY SAN FRANCISCO - City Allocation SAN FRANCISCO - County Allocation Total San Francisco SAN JOAQUIN COUNTY ESCALON LATHROP LODI MANTECA RIPON STOCKTON TRACY County of San Joaquin Total Cities & County: San Joaquin CaliforniaCityFinance.com Attachment 1 2022/06/14 City Council Post Agenda Page 274 of 636 ATTACHMENT 2 PROJECT NAME: PROJECT DESCRIPTION: EST. PROJECT SCHEDULE: EST. USEFUL LIFE: PROJECT LOCATION: Road Name Begin Location End Location Functional Classification PCI (2021) FISCAL YEAR CORRAL CANYON RD N CITY LIMITS COLTRIDGE LN COLLECTOR 23 FY22/23 CORRAL CANYON RD COLTRIDGE LN PORT RENWICK COLLECTOR 31 FY22/23 HUNTE PW OTAY LAKES RD N GREENSVIEW DR ARTERIAL 39 FY22/23 HUNTE PW N GREENSVIEW DR CLUBHOUSE DR ARTERIAL 40 FY22/23 J ST THIRD AVE SECOND AVE COLLECTOR 30 FY22/23 K ST FIFTH AVE FOURTH AVE COLLECTOR 27 FY22/23 MAIN ST I-5 FREEWAY RAMP ALAMITOS AV ARTERIAL 37 FY22/23 MEDICAL CENTER DR WILDAUER ST E PALOMAR ST COLLECTOR 30 FY22/23 MEDICAL CENTER DR E NAPLES CT WILDAUER ST COLLECTOR 46 FY22/23 E PALOMAR ST OLEANDER AV GOULD AV ARTERIAL 37 FY22/23 E PALOMAR ST ORIOLE PL OLEANDER AV ARTERIAL 47 FY22/23 PALOMAR ST FIFTH AVE FOURTH AVE COLLECTOR 40 FY22/23 PALOMAR ST BROADWAY ORANGE AVE COLLECTOR 41 FY22/23 THIRD AV ORANGE AVE ANITA ST COLLECTOR 25 FY22/23 THIRD AV ANITA ST MAIN ST COLLECTOR 34 FY22/23 THIRD AV PALOMAR ST ORANGE AVE COLLECTOR 38 FY22/23 JURISDICTION AVERAGE NETWORK PCI: 74 as of 5/3/2022 PROJECT LEAD: William S. Valle Office: (619) 409-5976 e-mail: WValle@chulavistaca.gov SENATE DISTRICT: 40 ASSEMBLY DISTRICT: 79, 80 RMRA Pavement Rehabilitation – FY2022/23 (STM0412) (PROPOSED LIST) Project includes pavement overlays and reconstruction of various streets in the City. The rehabilitation treatments are based on the recommendations from the City's Pavement Management System. Project is funded by the Road Maintenance and Rehabilitation Account (RMRA). 03/2023 – 12/2023 20-25 YEARS 2022/06/14 City Council Post Agenda Page 275 of 636 ATTACHMENT 2 PROJECT NAME: PROJECT DESCRIPTION: EST. PROJECT SCHEDULE: EST. USEFUL LIFE: PROJECT LOCATION: Road Name Begin Location End Location Functional Classification PCI (202)FISCAL YEAR CHESTNUT CT E J ST ECDS RESIDENTIAL 52 FY22/23 GUATAY AV HELIX AV INKOPAH ST RESIDENTIAL 65 FY22/23 MONSERATE AV E L ST INKOPAH ST RESIDENTIAL 65 FY22/23 CAMINO ELEVADO CALLE LA MIRADA CAMINO DEL CERRO GRANDE RESIDENTIAL 66 FY22/23 BLACKWOOD RD WCDS PASEO LADERA RESIDENTIAL 66 FY22/23 GUATAY AV INKOPAH ST MONSERATE AV RESIDENTIAL 66 FY22/23 MENDOCINO DR BRANDYWINE AV BRANDYWINE AV RESIDENTIAL 66 FY22/23 JUDSON WY QUAIL DR E RIENSTRA ST RESIDENTIAL 66 FY22/23 BAY HILL RD SILVERADO DR HALF MOON BAY DR RESIDENTIAL 68 FY22/23 ALLEN SCHOOL RD BONITA RD LOMA PASEO RESIDENTIAL 68 FY22/23 CEDARBEND WY REDBUD RD BEECHGLEN DR RESIDENTIAL 68 FY22/23 CORTE MARIA AV MURRAY ST J ST RESIDENTIAL 69 FY22/23 CAMINO DEL CERRO GRANDEOTAY LAKES RD CAMINO ELEVADO RESIDENTIAL 69 FY22/23 CORTE MARIA AV VISTA WAY H ST RESIDENTIAL 69 FY22/23 REDBUD RD E J ST BEECHGLEN DR RESIDENTIAL 70 FY22/23 CAMINO ELEVADO OTAY LAKES RD CALLE LA MIRADA RESIDENTIAL 73 FY22/23 CAMINO DEL CERRO GRANDECAMINO ELEVADO NCDS RESIDENTIAL 73 FY22/23 MELROSE AV E J ST S CDS RESIDENTIAL 74 FY22/23 CALLE LA MIRADA CAMINO ELEVADO CALLE ESCARPADA RESIDENTIAL 75 FY22/23 JURISTICTION AVERAGE NETWORK PCI: 74 as of 5/3/2022 PROJECT LEAD: William S. Valle Office: (619)409-5976 e-mail: WValle@chulavistaca.gov SENATE DISTRICT: 40 ASSEMBLY DISTRICT: 79, 80 (PROPOSED LIST) Project includes pavement maintenance treatments based on the recommendations from the City's Pavement Management System. Project is funded by the Road Maintenance and Rehabilitation Account (RMRA). 03/2023 – 12/2023 7-10 YEARS RMRA Pavement Maintenance – FY2022/23 (STL0460) 2 2022/06/14 City Council Post Agenda Page 276 of 636 Attachment 32022/06/14 City Council Post Agenda Page 277 of 636 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022/23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Chula Vista (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $6,077,433 in RMRA funding in Fiscal Year 2022/23; and WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 38 streets/roads (Exhibit 1) and add active transportation infrastructure throughout the City this year and numerous similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade keep our streets and roads in “good” condition; and 2022/06/14 City Council Post Agenda Page 278 of 636 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Chula Vista, State of California, as follows: 1. The foregoing recitals are true and correct. 2. The City of Chula Vista adopts the attached list of proposed projects (Exhibit 1) to be funded in-part or solely with Fiscal Year 2022/23 SB 1: Road Maintenance and Rehabilitation Account revenues. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2022/06/14 City Council Post Agenda Page 279 of 636 2022/06/14 City Council Post Agenda Page 280 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Unclaimed Monies: Transfer Unclaimed Monies from Cash Bond Deposit Fund to General Fund Report Number: 22-0157 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution transferring unclaimed monies in the amount of $21,022.81 from the Cash Bond Deposit Fund to the General Fund. SUMMARY The City currently has unclaimed monies in the Cash Bond Deposit Fund. The money was deposited by the Police Department in accordance with Government Code Article 3, Section 50050 provisions, which state that money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. The amount of $21,022.81 is now eligible for transfer to the General Fund. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/06/14 City Council Post Agenda Page 281 of 636 P a g e | 2 DISCUSSION The City currently has unclaimed monies in the Cash Bond Deposit Fund. Monies deposited into the Cash Bond Deposit Fund primarily include cash confiscated during arrests that has remained unclaimed. This money was deposited by the Police Department in accordance with Article 3, Section 50050 of the Government Code. According to Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. If no claim is made for the monies after proper notification as required by Government Code section 50050, the unclaimed money may become the property of the City on a designated date not less than 45 days nor more than 60 days after the first publication of the notice. The City gave public notice of the unclaimed monies in the Star News on April 29 and May 6, 2022. The amount of $21,022.81 is now eligible for transfer to the General Fund, pursuant to Government Code section 50053. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the transfer of $21,022.81 from the Cash Bond Deposit Fund to the General Fund, resulting in a positive fiscal impact of $21,022.81 to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for this one-time transfer. ATTACHMENTS Attachment 1: Star News Affidavit of Publication Staff Contact: Jonathan Alegre, Police Department 2022/06/14 City Council Post Agenda Page 282 of 636 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $21,022.81 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND WHEREAS, the City currently has monies in the Cash Bond Deposit Fund, which primarily include cash confiscated during arrests that has remained unclaimed; and WHEREAS, these monies were deposited by the Police Department in accordance with Article 3, Section 50050 of the Government Code; and WHEREAS, according to Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met; and WHEREAS, according to Government Code provisions, if no claim is made for the monies after proper notification as required by Government Code section 50050, the unclaimed money may become the property of the City on a designated date not less than 45 days nor more than 60 days after the first publication of the notice; and WHEREAS, the City gave public notice of the unclaimed monies in the Star News on April 29 and May 6, 2022; and WHEREAS, the amount of $21,022.81 in unclaimed monies is now eligible for transfer to the General Fund, pursuant to Government Code section 50053. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the transfer of unclaimed monies in the amount of $21,022.81 from the Cash Bond Deposit Fund to the General Fund. Presented by: Approved as to form by: _____________________ _______________________ Roxana Kennedy Glen R. Googins Police Chief City Attorney 2022/06/14 City Council Post Agenda Page 283 of 636 AFFP 117971 PN Unclaimed Monies Affidavit of Publication STATE OF CALIFORNIA } SS COUNTY OF SAN DIEGO } i am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principle clerk of the printer of THE STAR-NEWS, a newspaper of general circulatiori, published ONCE WEEKLY in the city of Chula Vista and the South Bay Judicia! Dis'crict, County cf San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case Number 71752; that the notice, of which the annexed is a printed copy (set iri type not smaller tl'ian nonpareil), has been published in each rsgular and entire issue of said newspaper and not in any suppleient thereof on ti'ie followirig t'ates, to-wit: 'i hat said newspaper was regularly issued and circulated on those dates. SIGNED: Subscribed to and sworn by me this 6th day of May 2022. $39:94 $t:3 fflO f+t4.it $iO[iJlO Chula Vista, San Diego County, California 0lffl873 0011797'l CV-CHiJLA \/ISTA POilCE DEPT - E'i/IDENCE COI"4'l ROL 3i51':01J;'g7i,1 A\/;, CHULA. VlSTA, CA. 91910 2022/06/14 City Council Post Agenda Page 284 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Grant Award: Accept a Grant from the California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Science Improvement Program Report Number: 22-0162 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting $55,590 in grant funds from the California Governor’s Office of Emergency Services and appropriating the funds to the Police Grants Section of the Federal Grants Fund for the Paul Coverdell Forensic Science Improvement Program (4/5 Vote Required). SUMMARY The Police Department has been awarded grant funding from the California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Science Improvement Program. The goal of this program is to improve the quality, timeliness, and credibility of forensic science services over current operations. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/06/14 City Council Post Agenda Page 285 of 636 P a g e | 2 DISCUSSION The Paul Coverdell Forensic Sciences Improvement Program, which is administered by the California Governor’s Office of Emergency Services (Cal OES), provides federal funding to accredited crime laboratories throughout California. Coverdell funds can be used to provide education and training in both technical and personal skills to California’s forensic scientists to ensure that they can effectively perform their laboratory assignments. In order to receive these funds, the crime laboratories must verify their accreditation status with a Forensic Crime laboratory organization or appropriate certifying body. The crime laboratories must also certify that they have a plan in place to conduct an independent external investigation into allegations of serious negligence or misconduct by laboratory employees or contractors. The Police Department has been awarded $55,590 for the 2021 Coverdell Program , covering a grant period of April 1, 2022 to June 30, 2023. This funding will be used to provide training and equipment used by crime laboratory personnel. The education and training to crime laboratory personnel, involving disciplines of digital media and crime scenes, will ensure that they can effectively perform their assignments during crime scene callouts. Additionally, the grant funding will cover the cost of three digital stereoscopes with high-resolution cameras for latent print examination, crime scene drone with accompanying mapping software, and a supercomputer to ensure newly acquired digital forensic equipment and software are functioning at its fullest capacity. Furthermore, a camera kit for forensic services and a Ramsey box for digital evidence will be purchased. A Ramsey box is utilized in forensic analysis to protect evidence devices from being “wiped” prior to download. Chula Vista Police Department’s Military Equipment Policy Regarding the crime scene drone, the Police Department plans to purchase a Skydio 2+ drone with accompanying mapping software and supercomputer to handle data. The crime scene mapping capabilities of the Skydio drone allow for a quick and efficient way to document a crime scene. Without the drone, a crime scene specialist must use a measuring tape that is considered an archaic form of mapping, which is both time consuming, generally not comprehensive, and potentially less accurate than other measuring techniques. The Skydio 2+ drone is included in the equipment inventory of the Department’s Military Equipment Policy, designated as Number 714 in its Department Policy Manual. The City Council unanimously approved this policy in Ordinance Number 3520, with first reading on April 26, 2022, second reading on May 3, 2022 and an effective date of June 3, 2022. In accordance with Assembly Bill (AB) 481 Funding Acquisition and Use of Military Equipment, an ordinance approving a military equipment policy is required before a law enforcement agency may use existing military equipment, as defined, or seek funding for or acquire new military equipment. This is the Department’s first acquisition pursuant to the policy. Additionally, as required by the policy, the Department will include the crime scene drone in its annual report to Council in late spring/early summer 2023. The annual report will recap the prior year’s use and acquisition of military equipment for the City Council’s review for compliance with standards set forth in the policy and reauthorization of the policy. Operation of the new crime scene drone will be subject to State and Federal laws and the Department’s existing policies on drone use. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 2022/06/14 City Council Post Agenda Page 286 of 636 P a g e | 3 Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Since the funds will be spent after July 1, 2022, there is no current-year fiscal impact. ONGOING FISCAL IMPACT Approval of this resolution will result in the acceptance and appropriation of $55,590 grant funding from the California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Science Improvement Program. This will increase the appropriations of the supplies and services category of the Police Grant section of the Federal Grant Fund in the FY 2022/2023 adopted budget. The table below outlines the spending plan for the Coverdell grant funds. DESCRIPTION FY 2022/2023 Training Costs for Crime Lab Personnel $18,426 Stereoscopes with Digital Camera $17,500 Crime Scene Drone $2,169 Mapping Software $5,000 Computer & Monitors for Crime Scene Investigations $5,200 Camera Kit for Forensic Services $4,900 Ramsey Box for Digital Evidence $2,395 TOTAL COVERDELL FUNDING $55,590 Funding from the California Governor’s Office of Emergency Services will completely offset the cost of the Coverdell Forensic Improvement Program, resulting in no net fiscal impact. ATTACHMENTS None. Staff Contact: Jonathan Alegre, Police Department Captain Dan Peak, Police Department 2022/06/14 City Council Post Agenda Page 287 of 636 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $55,590 FROM THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES FOR THE COVERDELL FORENSIC SCIENCE IMPROVEMENT PROGRAM AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND WHEREAS, the Police Department has been awarded $55,590 in grant funding from the California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Scie nce Improvement Program; and WHEREAS, the goal of the Coverdell program is to improve the quality, timeliness, and credibility of forensic science services over current operations; and WHEREAS, the Coverdell funds will be used to provide education and training to crime laboratory personnel to ensure they can effectively perform their assignments during crime scene callouts; and WHEREAS, the Coverdell funds will also be used to purchase three digital stereoscopes with high-resolution cameras for latent print examination, crime scene drone with accompanying mapping software, a supercomputer to ensure newly acquired digital forensic equipment and software are functioning at its fullest capacity, a camera kit for forensic services, and a Ramsey box for digital evidence; and WHEREAS, the crime scene drone funded by the Coverdell Forensic Improvement Program is listed in the Chula Vista Police Department’s Military Equipment Policy, which was approved by City Council on May 3, 2022 through Ordinance No. 3520 and will be included in an annual report to the City Council in 2023 for the City’s Council’s review of military equipment use and acquisition in the prior year for compliance with the policy and reauthorization of the policy; and WHEREAS, the grant funds provided by the California Governor’s Office of Emergency Services will completely offset the total costs of this program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $55,590 from the California Governor’s Office of Emergency Services and appropriates $55,590 to the supplies & services category of the Police Grants Section of the Federal Grants Fund of the fiscal year 2022/2023 adopted budget for the Paul Coverdell Forensic Science Improvement Program. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney 2022/06/14 City Council Post Agenda Page 288 of 636 MEETING DATE 6/14/2022 SUBMITTED BY:Bryant Shimizu EXT.5467 Police Department Coverdell Program FY 2021/2022 Budget Amendments: GL Key GL Obj JL Key JL Obj Amount FY 2022/2023 Budget Amendments: GL Key GL Obj JL Key JL Obj Amount 272418 4611 $55,590.00 272418 6402 $5,000.00 272418 6433 $18,426.00 272418 6684 $26,964.00 272418 6685 $5,200.00 Position Amendments: Qty PCN Title GL Key Start Date Step $ Bi-weekly DEPARTMENT: CITY OF CHULA VISTA BUDGET AMENDMENT DETAIL FORM (To be submitted by 5pm, the Wednesday, 13 days prior to Council meeting) (one form per item) 2022/06/14 City Council Post Agenda Page 289 of 636 DESCRIPTION FY 2022/2023 Training Costs for Crime Lab Personnel $18,426 Stereoscopes with Digital Camera $17,500 Crime Scene Drone $2,169 Mapping Software $5,000 Computer & Monitors for Crime Scene Investigations $5,200 Camera Kit for Forensic Services $4,900 Ramsey Box for Digital Evidence $2,395 TOTAL COVERDELL FUNDING $55,590 2022/06/14 City Council Post Agenda Page 290 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Agreement Extension: Accept an Agreement Extension with Axon Enterprise, Inc. for the Body-Worn Camera Program Report Number: 22-0173 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting an agreement extension with Axon Enterprise, Inc. for the Body Worn Camera Program, and authorizing the City Manager to execute the same. SUMMARY The Police Department is requesting to extend the existing Body Worn Camera contract with Axon Enterprise, Inc. for another 12 months (July 1, 2022 to June 30, 2023) while the current Request for Proposal (RFP) process is being completed. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/06/14 City Council Post Agenda Page 291 of 636 P a g e | 2 DISCUSSION Pursuant to Section 2.56 of the Chula Vista Municipal Code outlining the City’s purchasing system, a Request for Proposal (RFP) # P19-20/21 was issued on May 21, 2021, for body worn cameras, data storage and related product support services to the Police Department. Specifically, the City was seeking proposals for 275 body-worn and 95 in-car camera systems. RFP # P19-20/21 was cancelled by the Finance Department earlier this year to give the Police Department another opportunity to refine certain specifications and deliverables for this anticipated 5-year contract. Like the previous RFP, the new RFP process will include a thorough review of the proposals, along with product testing of body worn cameras and in-car camera systems. The agreement with the current body worn camera vendor, Axon Enterprise, Inc., expires on June 30, 2022. To prepare for a new RFP process, the Police and Finance Departments are requesting a c ontract extension with Axon Enterprise, Inc. for another 12-month period covering July 1, 2022 to June 30, 2023. The annual cost to continue the existing Body Worn Camera program for another 12-month period is $164,988. In the next few months, the Police and Finance Departments anticipate issuing a new RFP for the Body Worn Camera and In-Car Camera System. Due to extensive research required to select a vendor, the new agreement will be effective 7/1/2023. Upon completion of the RFP process, staff will bring the new contract to City Council for approval. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will extend the existing body worn camera agreement with Axon Enterprise, Inc. for a 12-month period of 7/1/2022 to 6/30/2023. Since the agreement term covers the subsequent fiscal year, there is not current-year fiscal impact. ONGOING FISCAL IMPACT Body worn camera costs for the 12-month period of 7/1/2022 to 6/30/2023 in the amount of $164,988 is already identified in the Police Department’s FY 2022/2023 Asset Forfeiture budget, resulting in no net fiscal impact to the General Fund in FY 2022/2023. Prior to bringing the new agreement to council the Police Department will coordinate with the City Manager and the Finance Department to identify the necessary funds to cover body-worn and in-car camera systems during the term of a new agreement. Appropriations for the ongoing costs related to this program will be considered by City Council as part of the development of the relevant fiscal year budget process. 2022/06/14 City Council Post Agenda Page 292 of 636 P a g e | 3 ATTACHMENTS Attachment 1: Axon quote # Q-390973-44690.037CM to extend existing Body Worn Camera contract Staff Contact: Jonathan Alegre, Police Department 2022/06/14 City Council Post Agenda Page 293 of 636 Page 1 Q-390973-44690.037CM Q-390973-44690.037CM Issued: 05/08/2022 Quote Expiration: Estimated Contract Start Date: 07/01/2022 Account Number: 106513 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT 315 Fourth Ave Chula Vista Police Dept. - CA Chris Morton Miriam Foxx 315 Fourth Ave 315 Fourth Ave Phone: +1 2063106165 Phone: (619)476-2452 Chula Vista, CA 91910-3801 Chula Vista, CA 91910-3801 Email: cmorton@axon.com Email: mfoxx@chulavistapd.org USA USA Fax: Fax: Email: Quote Summary Discount Summary Program Length 12 Months Average Savings Per Year $38,661.12 TOTAL COST $164,988.00 ESTIMATED TOTAL W/ TAX $164,988.00 TOTAL SAVINGS $38,661.12 Payment Summary Date Subtotal Tax Total Jul 2022 $164,988.00 $0.00 $164,988.00 Total $164,988.00 $0.00 $164,988.00 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 2022/06/14 City Council Post Agenda Page 294 of 636 Page 2 Q-390973-44690.037CM Quote List Price:$203,649.12 Quote Subtotal:$164,988.00 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Term Qty List Price Net Price Subtotal Tax Total Individual Items 73686 UNLIMITED BWC + CAPTURE STORAGE 12m 204 $288.00 $288.00 $58,752.00 $0.00 $58,752.00 73746 PROFESSIONAL EVIDENCE.COM LICENSE 12m 227 $468.00 $468.00 $106,236.00 $0.00 $106,236.00 80496 EXT WARRANTY, BODY 3 CAMERA 12m 204 $140.04 $0.00 $0.00 $0.00 $0.00 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 12m 26 $249.96 $0.00 $0.00 $0.00 $0.00 99901 ACCELERATE CONFERENCE REGISTRATION 6 $599.00 $0.00 $0.00 $0.00 $0.00 Total $164,988.00 $0.00 $164,988.00 2022/06/14 City Council Post Agenda Page 295 of 636 Page 3 Q-390973-44690.037CM Delivery Schedule Software Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 73686 UNLIMITED BWC + CAPTURE STORAGE 204 07/01/2022 06/30/2023 A la Carte 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 07/01/2022 06/30/2023 Services Bundle Item Description QTY A la Carte 99901 ACCELERATE CONFERENCE REGISTRATION 6 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80496 EXT WARRANTY, BODY 3 CAMERA 204 07/01/2022 06/30/2023 A la Carte 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 07/01/2022 06/30/2023 2022/06/14 City Council Post Agenda Page 296 of 636 Page 4 Q-390973-44690.037CM Payment Details Jul 2022 Invoice Plan Item Description Qty Subtotal Tax Total Upfront Payment 73686 UNLIMITED BWC + CAPTURE STORAGE 204 $58,752.00 $0.00 $58,752.00 Upfront Payment 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $106,236.00 $0.00 $106,236.00 Upfront Payment 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00 Upfront Payment 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 99901 ACCELERATE CONFERENCE REGISTRATION 6 $0.00 $0.00 $0.00 Total $164,988.00 $0.00 $164,988.00 2022/06/14 City Council Post Agenda Page 297 of 636 Page 5 Q-390973-44690.037CM Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 2022/06/14 City Council Post Agenda Page 298 of 636 Page 6 Q-390973-44690.037CM \s1\\d1\ Signature Date Signed 5/8/2022 2022/06/14 City Council Post Agenda Page 299 of 636 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN AGREEMENT EXTENSION WITH AXON ENTERPRISE, INC. FOR THE BODY WORN CAMERA PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME WHEREAS, on May 21, 2021, the City issued Request for Proposal (RFP) # P19-20/21 to seek proposals from vendors who can provide body worn cameras, data storage and related product support services to the Police Department; and WHEREAS, RFP # P19-20/21 was cancelled by the Finance Department to give the Police Department an opportunity to refine certain specifications and deliverables for this anticipated 5-year contract; and WHEREAS, the agreement with the current body worn camera vendor, Axon Enterprise, Inc., expires on June 30, 2022; and WHEREAS, to prepare for a new RFP process, the Police and Finance Departments are requesting a contract extension with Axon Enterprise, Inc. for another 12-month period covering July 1, 2022 to June 30, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the agreement extension with Axon Enterprise, Inc. for the Body Worn Camera Program, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2022/06/14 City Council Post Agenda Page 300 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Contract: Award of Janitorial Services Contract to Nova Commercial Report Number: 22-0171 Location: City Facilities – including Police, Libraries, and Recreation Centers Department: Public Works Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution awarding a contract for janitorial services to Nova Commercial in an amount not to exceed $2,250,000 for up to five years. SUMMARY The City received six proposals to provide janitorial services at multiple City facilities on March 25, 2022. A staff committee reviewed the proposals and selected Nova Commercial. Staff’s recommendation is that Council award the janitorial services contract to Nova Commercial and approve the two-party agreement. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/06/14 City Council Post Agenda Page 301 of 636 P a g e | 2 DISCUSSION On March 4, 2022, the City of Chula Vista issued a Request for Proposals (RFP), seeking a contractor to provide janitorial services at various City facilities. The RFP was posted and made available on PlanetBids. The RFP closed on March 25, 2022 and six proposals were received from the following vendors: Allied Universal Janitorial Services, NMS Management, INC, Nova Commercial, T&T Janitorial, INC, UBM Enterprise, Inc, and WEPA Commercial Cleaning. A review was conducted of all proposals which were determined to be responsive and an evaluation committee evaluated, scored, and ranked the responses based on the following criteria: experience, personnel, operations/qualifications, and cost. The top three proposers were invited to meet with the evaluation committee and Nova Commercial ranked as the top vendor. Key provisions of the contract include, but are not limited to, the following: Services – the contractor will provide janitorial services at designated City facilities. These services generally include cleaning, disinfecting, and/or sanitizing exterior and entry areas, offices, conference rooms, corridors, stairs, elevators, restrooms, lunchrooms and break rooms. Facilities – The proposed contract includes the following City facilities: Police Department (including jail), Libraries (Civic Center, South, and Otay Ranch), and Heritage Recreation Center and Veterans Recreation Center. Additional facilities may be included as funding permits upon mutual agreement with the vendor. Term - The contract term is initially from July 1, 2022 to June 30, 2023. If Nova Commercial’s work performance is satisfactory, the parties may mutually agree in writing to extend the contract for four (4) additional one (1) year periods. The annual option year renewals would be effective from July 1 to June 30 - the City’s Fiscal Year. If the vendors work performance is not satisfactory, the City reserves the right to not renew the contract without penalty. If the parties agree to extend t he contract for the option years, acceptable price increases may be agreed to and such increases would be based on changes in the annual San Diego Area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), in an amount not to exceed 5%. Contracted janitorial services allows the City to provide expanded coverage across various City facilities. The fiscal year 2023 Adopted Budget included the elimination of 3.0 Custodian positions and the addition of an equivalent amount to Supplies and Services to fund the contract. An additional transfer from salary savings will be included in the First Quarter Financial report. The positions that were eliminated were all vacant positions – no current custodial staff will be adversely impacted by this change. Adding contracted janitorial services gives the City greater flexibility in addressing janitorial needs across various City facilities. The long-term service delivery model would be to have a hybrid of City Custodians and contracted janitorial services to meet City needs in a cost-effective way that still meets City standards. Additional City facilities may be added to the contract as vacancies occur and funding is available. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item concerns janitorial services at designated City facilities, generally including cleaning, disinfecting, and/or sanitizing exterior and entry areas, offices, conference rooms, corridors, stairs, elevators, restrooms, lunchrooms and break rooms, and as such, does 2022/06/14 City Council Post Agenda Page 302 of 636 P a g e | 3 not create a disqualifying real property-related financial conflict of interest for any City Council member under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The Fiscal Year 2023 Adopted budget eliminated 3.0 FTE Custodians and transferred Personnel Services costs of $238,626 to the Public Work Department’s Supplies and Services budget for Contracted Services. The total year 1 costs for the base janitorial contract is $316,920. In order to add capacity for special events, additional cleaning services, and/or the addition of facilities, staff recommends a not to exceed contract amount of $380,000 for fiscal year 2022-23. An additional transfer from salary savings from vacant positions will be included as part of the Fiscal Year 2023 First Quarter Financial report in order to fully fund the contract. There is no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The fiscal year 2022-23 Public Works budget has sufficient funding for this contract. Future contract increases will be considered as part of the normal budget process. ATTACHMENTS 1. Two-Party Agreement with Nova Commercial, Inc. Staff Contact: Angelica Aguilar, Assistant Director of Public Works 2022/06/14 City Council Post Agenda Page 303 of 636 C:\Program Files\eSCRIBE\TEMP\16263775886\16263775886,,,Nova Commercial Contract Approval Resolution.docx RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT FOR JANITORIAL SERVICES BETWEEN THE CITY AND NOVA COMMERCIAL WHEREAS, the City solicited proposals for janitorial services earlier this fiscal year; and WHEREAS, on March 25, 2022, the City received six (6) proposals and after review of the bid documents, determined that the proposals were responsive; and WHEREAS, an evaluation committee evaluated, scored, and ranked the responses based on the following criteria: experience, personnel, operations/qualifications and costs; the committee ranked Nova Commercial first; and WHEREAS, the initial term of the contract is from July 1, 2022 to June 30, 2023, and upon satisfactory work performance, the parties may mutually agree to extend the contract for up to four (4) additional one (1) year periods from July 1 to June 30; and WHEREAS, the contract includes the provision of janitorial services at the following City facilities: Police Department, Libraries, and Recreation Centers (Heritage and Veterans) at an annual cost of $316,920 for the base services; and WHEREAS, staff is recommending a not-to-exceed contract amount for fiscal year 2022- 23 of $380,000 to include the base services, other cleaning services as needed, and/or the addition of other City facilities; and WHEREAS, funding for the contract has been appropriated in the Fiscal Year 2022-2023 Adopted Budget and can be increased via salary savings transfers during the fiscal year; and WHEREAS, staff recommends the approval of the contract with Nova Commercial for janitorial services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves Contractor/Service Provider Services Agreement with Nova Commercial to Provide Janitorial Services for Multiple Facilities, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute the same. Presented by: Matt Little, Director of Public Works Approved as to form by: Glen R. Googins, City Attorney 2022/06/14 City Council Post Agenda Page 304 of 636 C:\Program Files\eSCRIBE\TEMP\16263775886\16263775886,,,Nova Commercial Contract Approval Resolution.docx 2022/06/14 City Council Post Agenda Page 305 of 636 1 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH NOVA COMMERCIAL TO PROVIDE JANITORIAL SERVICES FOR MULTIPLE FACILITES This Agreement is entered into effective as of July 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and NOVA COMMERCIAL, A California Corporation (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires Janitorial services in order to maintain public buildings; and WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.080 for contracts exceeding $100,000; received six (6) proposals, and selected NOVA COMMERCIAL based on the rating criteria; and WHEREAS, after completing review of the proposals, staff ranked NOVA COMMERCIAL as first based on the criteria described in the solicitation; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/06/14 City Council Post Agenda Page 306 of 636 2 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a correspon ding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. 2022/06/14 City Council Post Agenda Page 307 of 636 3 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All char ges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved bu dget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City 2022/06/14 City Council Post Agenda Page 308 of 636 4 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. 2022/06/14 City Council Post Agenda Page 309 of 636 5 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 2022/06/14 City Council Post Agenda Page 310 of 636 6 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as def ined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that m ay be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indem nified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 2022/06/14 City Council Post Agenda Page 311 of 636 7 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactor ily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 2022/06/14 City Council Post Agenda Page 312 of 636 8 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind 2022/06/14 City Council Post Agenda Page 313 of 636 9 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur an y debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses iden tified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, 2022/06/14 City Council Post Agenda Page 314 of 636 10 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/06/14 City Council Post Agenda Page 315 of 636 11 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. NOVA COMMERCIAL CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ SOPHIA SILVA MARY CASILLAS SALAS CEO MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/06/14 City Council Post Agenda Page 316 of 636 12 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Stephen Mosca 1800 Maxwell, Chula Vista, CA 91911 619-397-6149 smosca@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: NOVA COMMERCIAL 2573 Market Street 619-666-9095 eleanor@Novagbc.com For Legal Notice Copy to: Sophia Silva 2573 Market Street 619-666-9095 sophia@noacommercial.com 2. Required Services A. General Description: SPECIFICATIONS FOR JANITORIAL SERVICES FOR MULTIPLE CITY FACILITIES NOVA COMMERCIAL will provide janitorial services for multiple City facilities as outlined below. Additional facilities may be added/ amended upon written mutual agreement. 1. General Specifications Contractor shall provide and/or purchase all equipment, labor and materials required to perform the following services in a satisfactory manner: a. Contractor shall perform a baseline cleaning of the facilities listed below. This baseline cleaning will remove all visible spots, discoloring, smudges, dust, and all other filth from all areas high and low. This baseline cleaning will establish the model for all cleanings during the term of this contract. 2022/06/14 City Council Post Agenda Page 317 of 636 13 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 b. Contractor shall provide janitorial services for the City of Chula Vista facilities listed in this document. c. Contractor shall provide and/or purchase all services, products, equipment, vehicles, and employees as defined in this document. d. Contractor shall adhere to all scheduling as defined in this document unless a schedule change has been approved by the City in writing. e. Contractor shall provide additional janitorial services, as needed, and as defined by change order(s) or proposal(s) for events and/or special considerations for the City of Chula Vista. f. Contractor shall maintain a current City of Chula Vista business license, and their subcontractors shall do so as well. g. Contractor shall present a professional image and maintain a high standard of quality and technical competence. Total responsibility for this is placed upon the Contractor. B. Detailed Description: 1. Contractor will provide the following services: The Contractor shall send a Daily Attendance Roster, which is to include all missing staff members, to the Building Services Manager by 9:00 a.m. each working day. Failure to complete the work as scheduled or as specified her ein will result in the following actions: a. The sum of Two Hundred Fifty Dollars ($250) per day will be deducted by the City and be forfeited by the Contractor from payments to the C ontractor for each instance where an item of work is not completed in accordance with schedule or specifications. b. Deficiencies: An additional amount equal to the costs incurred by completion of the work by an alternate source, whether it be City forces or separate private contractor, even if it exceeds the contract unit price, will be deducted. c. The actions outlined in “a” and “b” above shall not be construed as penalty but as adjustment of payment to the Contractor for only the work actually performed or as the cost to the City for inspection and other related costs from the failure by the Contractor to complete the work according to schedule. 2. Company Emplo yees and Vehicles d. Contractor will supply a pool of employees sufficient to meet the agency’s needs. e. Contractor will provide or pay for their employees to wear clean, neat appearing uniforms that will be worn while working on City premises. Uniforms will consist of a polo shirt or other collared shirt with name tag and Contractor’s identificati on and full- length work pants. f. Contractor and their employees will be courteous and show respect to the public, City employees and other Contractor employees at all times. Use a friendly voice tone and offer assistance when necessary. 2022/06/14 City Council Post Agenda Page 318 of 636 14 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 g. Contractor and their employees will need to complete and pass a CJIS level vendor employee background, including a Live Scan, and sign a mandatory CJIS document to have unescorted access within the Police Department. h. NOVA COMMERCIAL will provide a list of employees (applicants) that will be working within the P olice building to the Chula Vista Police Department Backgrounds Unit. The list shall include the employee name, date of birth, phone number, and email address. A Background Investigator will contact the employee with directions on scheduling a Live Scan and completing a backgrounds information packet. i. Once the applicant has been live scanned (fingerprinted), the Chula Vista Police Department must wait for a response from the Department of Justice. j. The Department of Justice may send the Chula Vista Police Department a 30-day, 60-day or 90-day delay on the applicant. The City has no control over these delays. This occurs when applicants have common names, have been previously permitted, or have prior criminal history or arrest information on file. No applicants will be approved and no issuance of keys, security codes, or access information for any City facility will be provided by the contractor or the City to the applicant until all information has been received from the Department of Justice and that applicant cleared by the City and a City of Chula Vista contractor identification card issued. k. Contractor will pay the $52 fee for Live Scan for each employee working within City facilities. l. The employee will be placed on subsequent notification. Th is requirement allows the department to receive notification of any arrest after the Live Scan check. m. Contractor is responsible for their employees’ actions on these sites. n. Contractor will ensure that their employees do not have other “unapproved” personnel including children in the facilities or in the Contractor’s vehicles outside the facility. o. Contractor will ensure that their employees do not store personal property of any kind in or on City facilities. p. Contractor will not issue, loan or otherwise allow the procurement of keys, access information, or codes to anyone, including employees, without first receiving authorization from the City Representative and without first successfully completing the background check and Live Scan and submitting said documentation to the City Representative. q. Contracted employees will refrain from making or receiving personal calls during working hours. Non- emergency calls should be made during breaks or lunch. 3. Building Security a. Report to the City Representative in writing any walls, rooms, carpeting, equipment and furniture damaged by vandalism, graffiti, stains, water leaks, etc. b. Secure and lock all doors before leaving unoccupied buildings. 2022/06/14 City Council Post Agenda Page 319 of 636 15 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 c. Turn off all lights not left on for security reasons as instructed. d. Activate intrusion alarm security systems after completing work and before leaving buildings. e. Deactivate securit y systems before entering buildings at the beginning of work as instructed and where applicable. f. Report in writing to the City Representative security system false alarms activated by Contractor’s employees or otherwise occurring during janitorial service when no City employee is present. g. Provide to the City Representative a list of the keys and codes issued to Contractor’s employees. This list will include employee names, addresses and telephone numbers that these codes and keys are issued to. Contractor will n otify the City Representative of all and any keys or other pass code information l ost by Contractor’s employees. h. Contractor shall not duplicate keys without first receiving written permission from the City Representative. i. Contractor is responsible for retrieving all City security information from those employees no longer employed b y the Contractor, for whatever reason. j. Contractor will notify the City Representative within 24 hours in writing of any Contractor employee whose employment has been termina ted that has or has had City security information or appurtenances. k. Contractor is responsible for the cost of any re-keying, entry code, or security code changes needed due to non-retrieval of this security information, keys or appurtenances from their past employees. 4. City Holiday Schedule The City of Chula Vista’s public offices will be closed in observation of the following holidays. The Libraries and Recreation Center sites will not be cleaned on these dates: • New Year’s Day • Martin Luther King, Jr. Day • Cesar Chavez Day • Memorial Day • In dependence Day • Labor Day • Veterans’ Day • Thanksgiving Day (and the day after) • Christmas Day Services will continue to be provided at the Police Department on City Holidays. 2022/06/14 City Council Post Agenda Page 320 of 636 16 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 5. Tasks a. Contractor will separate all recyclable material from other refuse and deposit in appropriate receptacle at each facilities serviced location. b. Contractor will leave each facility visually clean having wiped, spot removed, dusted mopped, vacuumed, emptied or otherwise cleaned each area per this document to the standards defined within this document, industry standard and City expectation. c. The following is a guideline for cleaning these areas as defined in this docu ment. The intent of this document is to find these areas visually clean, all hard surfaces sanitized, all fabrics unstained, vacuumed and ready for use upon entry every day. All areas should smell clean but should not have a bold cleanser smell upon entr y. Police Department – Excluding Jail Description Task Frequency Exterior and Entry Areas Clean entry glass Daily Remove trash Daily Sweep entry walks Daily Sweep entry Daily Disinfect high touch surface Daily Sweep receiving area Weekly Offices, Conference rooms, Corridors and Stairs/Elevators Remove trash and recycle bins Daily Vacuum carpets Daily Detail vacuum carpets - Spot clean carpets Weekly Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces Daily Spot clean glass dividers Daily Dust up to 6 feet vertical surfaces Weekly 2022/06/14 City Council Post Agenda Page 321 of 636 17 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Dust desk or table surfaces (papers and items shall not be moved) Weekly Polish wood surfaces that a free of paper and items Weekly Arrange chairs as needed Daily Sanitize and polish water fountains Daily Restrooms Remove trash and recycle Daily Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces up to 6 feet Daily Sanitize urinals and toilets Daily Sanitize sinks and counters Daily Refill and clean dispensers Daily Pour water down floor drains Weekly Lunchrooms, kitchen areas, and break rooms Remove trash and recycle Daily Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces up to 6 feet Daily Sanitize tables and chairs and arrange chairs Daily Sanitize sinks and counters Daily Refill and clean dispensers Daily Sanitize appliances Daily Other Services Evening trash pick-up from Jail Daily 2022/06/14 City Council Post Agenda Page 322 of 636 18 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 High dust common areas and offices Monthly Clean lobby windows (inside and outside) Monthly Scrub restroom floors Monthly Buff hard floors Monthly High dust vents and light fixtures Quarterly Seal restroom floors Quarterly Dust blinds Semi Annual Vacuum upholstered furniture Semi Annual Clean interior common and partition glass Semi Annual Police Department – Jail Description Task Frequency Exterior and Entry Areas Clean entry glass Daily Remove trash Daily Sweep entry walks Daily Sweep entry Daily Disinfect high touch surface Daily Offices, Conference rooms, Corridors and Stairs/Elevators Remove trash and recycle bins Daily Vacuum carpets Daily Detail vacuum carpets - Spot clean carpets Weekly Sweep and mop hard floors Daily Disinfect high touch surfaces Daily 2022/06/14 City Council Post Agenda Page 323 of 636 19 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Spot clean vertical surfaces Daily Spot clean glass dividers Daily Dust up to 6 feet vertical surfaces Weekly Dust desk or table surfaces (papers and items shall not be moved) Weekly Polish wood surfaces that a free of paper and items weekly Arrange chairs as needed Daily Sanitize water fountains Daily Restrooms Remove trash and recycle Daily Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces up to 6 feet Daily Sanitize urinals and toilets Daily Sanitize sinks and counters Daily Refill and clean dispensers Daily Pour water down floor drains Weekly Lunchrooms, kitchen areas, and break rooms Remove trash and recycle Daily Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces up to 6 feet Daily Sanitize tables and chairs and arrange chairs Daily Sanitize sinks and counters Daily Refill and clean dispensers Daily 2022/06/14 City Council Post Agenda Page 324 of 636 20 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Sanitize appliances Daily Other Services Cell and shower area sanitation with high pressure washer – rotating Weekly High dust common areas and offices Monthly Clean lobby windows (inside and outside) Monthly Scrub restroom floors Monthly Buff hard floors Monthly Routine cleaning of walk in fridge and oven in kitchen area Bi-monthly Deep freeze defrost and cleaning Quarterly High dust vents and light fixtures Quarterly Seal restroom floors Quarterly Dust blinds Semi Annual Vacuum upholstered furniture Semi Annual Clean interior common and partition glass Semi Annual Libraries – Civic Center Branch, South Chula Vista, and Otay Ranch Description Task Frequency Exterior and Entry Areas Clean entry glass Daily Remove trash Daily Sweep entry walks Daily Sweep entry Daily Disinfect high touch surface Daily 2022/06/14 City Council Post Agenda Page 325 of 636 21 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Offices, Conference rooms, Corridors and Stairs/Elevators Remove trash and recycle bins Daily Vacuum carpets Daily Detail vacuum carpets - Spot clean carpets Weekly Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces Daily Spot clean glass dividers Daily Dust up to 6 feet vertical surfaces Weekly Dust desk or table surfaces (papers and items shall not be moved) Weekly Polish wood surfaces that a free of paper and items weekly Arrange chairs as needed Daily Sanitize water fountains Daily Restrooms Remove trash and recycle Daily Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces up to 6 feet Daily Sanitize urinals and toilets Daily Sanitize sinks and counters Daily Refill and clean dispensers Daily Pour water down floor drains Weekly Lunchrooms, kitchen areas, and break rooms Remove trash and recycle Daily 2022/06/14 City Council Post Agenda Page 326 of 636 22 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces up to 6 feet Daily Sanitize tables and chairs and arrange chairs Daily Sanitize sinks and counters Daily Refill and clean dispensers Daily Sanitize appliances Daily Other Services High dust common areas and offices Monthly Clean lobby windows (inside and outside) Monthly Scrub restroom floors Monthly Buff hard floors Monthly High dust vents and light fixtures Quarterly Seal restroom floors Quarterly Dust blinds Semi Annual Vacuum upholstered furniture Semi Annual Clean interior common and partition glass Semi Annual Recreation Center – Heritage and Veterans Description Task Frequency Exterior and Entry Areas Clean entry glass Daily Remove trash Daily Sweep entry walks Daily 2022/06/14 City Council Post Agenda Page 327 of 636 23 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Sweep entry Daily Disinfect high touch surface Daily Offices, Conference rooms, Corridors and Stairs/Elevators Remove trash and recycle bins Daily Vacuum carpets Daily Detail vacuum carpets - Spot clean carpets Weekly Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces Daily Spot clean glass dividers Daily Dust up to 6 feet vertical surfaces Weekly Dust desk or table surfaces (papers and items shall not be moved) Weekly Polish wood surfaces that a free of paper and items weekly Arrange chairs as needed Daily Sanitize water fountains Daily Restrooms Remove trash and recycle Daily Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces up to 6 feet Daily Sanitize urinals and toilets Daily Sanitize sinks and counters Daily Refill and clean dispensers Daily 2022/06/14 City Council Post Agenda Page 328 of 636 24 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Pour water down floor drains Weekly Lunchrooms, kitchen areas, and break rooms Remove trash and recycle Daily Sweep and mop hard floors Daily Disinfect high touch surfaces Daily Spot clean vertical surfaces up to 6 feet Daily Sanitize tables and chairs and arrange chairs Daily Sanitize sinks and counters Daily Refill and clean dispensers Daily Sanitize appliances Daily Other Services High dust common areas and offices Monthly Clean lobby windows (inside and outside) Monthly Scrub restroom floors Monthly Buff hard floors Monthly High dust vents and light fixtures Quarterly Seal restroom floors Quarterly Dust blinds Semi Annual Vacuum upholstered furniture Semi Annual Clean interior common and partition glass Semi Annual 6. Products a. Contractor will maintain an adequate inventory of janitorial supplies, products and equipment sufficient to meet the agency’s needs. The City will provide paper products, the contractor will provide cleaning products and related janitorial equipment. 2022/06/14 City Council Post Agenda Page 329 of 636 25 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 b. Contractor will replenish on each service date all products used in that facility. At the end of each service, each location will have extra supplies of two cases of toilet tissue and paper hand towels, an ample supply of each additional paper product, two cans of each spray product applicable, two gallons of each floor cleaning chemical product used at that facility, two gallons of liquid hand cleaner, two gallons of window cleaner, two gallons of sanitizer, and all other cleaning appurtenances in good condition such as, but not limited to - broom, clean mop, bucket and wringer, dust pan, fox tail brush, toilet brush, and other cleaning items. c. Some sites have limited storage capability. It is the contractor’s responsibility to supply, provide and store products for the service of these areas in a manner that serves the City best at the discretion of the City Representative. d. With the above exception, all other products will be stored off site. No items other than those shown will be stored in the City facility. e. All products will meet or exceed the City’s specifications. f. All products proposed for use by the Contractor on any site covered by this contract will first be approved through the submittal process as defined within this document. T he City will not pay any additional costs for Contractor requested substitutions when the City listed approved products are still available. The City reserves the right to ap prove or disapprove any product. g. All products will be removed from boxes and stow ed neatly on shelves and racks for easy access and inventory. h. Contractor will provide the City with Safety Data Sheet(s) (SDS) information on all product submittals. i. Contractor is responsible for providing SDS information to their employees. j. Previously used products list: DESCRIPTION SUPPLIER 1. Glass Cleaner Waxie 2. Stainless Steel Cleaner Waxie 3. Neutral Floor Cleaner Waxie 4. General Restroom Disinfectant Waxie 5. Urinal Deodorized Screens Waxie 6. General Multipurpose Cleaner Waxie 7. Furniture Polish Waxie 8. Industrial Degreaser Waxie 9. Floor Sealant/Wax and Floor Stripper Waxie 10. Bathroom Tile Cleaner Waxie 11. Toilet Bowl and Fixture Cleaner (Mild acid based) Waxie 12. Solsta Dilution System Waxie 2022/06/14 City Council Post Agenda Page 330 of 636 26 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 All Cleaning products (if available) will be green based and must be approved by the City of Chula vista before use at city facilities. 7. Equipment a. Contractor will supply and maintain all tools and equipment in good and proper working condition, such as clean mops, brooms, bucket and wringers, carts, dust pans, dusters, vacuum cleaners, janitorial vehicles, cleaning supplies and chemicals, and secure an adequate inventory of all janitorial supplies and products. b. All equipment provided by the Contractor will be of commercial grade. c. Contractor will supply each facility two mops, a “clean mop” for kitchens, lunchrooms, prep areas, etc. and another mop for all other areas and incidental cleanups. d. “Clean mops” will be marked so that employees of the City as well as Contractor’s employees can easily recognize these tools as clean. e. Contractor will replace all mops as needed to ensure adequate, sanitary cleaning. f. All equipment stored on site at a City facility will be stored neatly and orderly. All Janitors closets will be stowed in such a way that City employees can easily find what is needed, during their work shift, without moving other items - except for the janitorial cart. All mops, brooms, dust pans, and other cleaning appurtenances will be either hung or shelved neatly when they are stored. g. Any storage shelf/ cabinet units needed for the storage of the supplies as described in this document at any facilit y listed is subject to the approval process in section 9 (submittals). Once approved, the shelf unit will be installed by the City. h. Any rack systems needed for storage of other janitorial equipment as described in this document at any facility listed is subject to the approval process in section 9 (submittals). i. Any chemical dispensing unit/equipment and appurtenances that the Contractor finds critical to their operation is subject to the approval process in section 9 (submittals). Purchase, assembly, and installation will be done, contracted, or coordinated by the Contractor at their expense and under the direction of City staff. This is not a reimbursable item. 8. Submittals a. All materials and consumable products are subject to prior approval by the City’s Representative. Contractor will provide submittals for the following items to the City’s Representative for approval. All materials and consumable products used at these project sites will be subject to prior approval through this submittal application process. No materials will be accepted for use on this project without prior approval in writing. All submittals will have the appropriate MSDS attached for City review. b. Any Contractor requested replacements/ substitutions for the items listed in “PRE-APPROVED PRODUCTS” are subject to this approval process. 2022/06/14 City Council Post Agenda Page 331 of 636 27 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 9. Service Adjustments The City reserves the right to increase or decrease the services as needed. Services and fees for new facilities shall be added at the average rate per square foot for a comparable facility at the time of the addition. Such changes will be according to the terms and conditions of said bid specification and will be done through a duly authorized change notice to the master agreement for regular service and by City-approved proposal for event or special cleanings. 10. Site Inspection and Reporting a. Report immediately by telephone (during regular working hours (619) 397-6000, after hours issues call Chula Vista Police Department dispatch at (619) 691-5151) any issues that may require immediate action. For emergencies call 911. i. Incidents of injury, damage or potential hazards to the public, end users or employees. ii. Running water (roof leaks, faucet leaks, ceiling leaks) iii. Power outages or light bulb replacement iv. Sewer and drain backups or clogging and foul smells and odors v. Ceiling tile stains and deformation b. Report immediately by e-mail issues such as, but not limited to: i. Public nuisances ii. Work performance delays iii. Repairs needed iv. Dripping water v. Non-emergency electrical issues such as, but not limited to, outlets without power or entire buildings without power. vi. Lost and found articles 1) Deliver any lost and found article from the Library to the Library Administrative Secretary that date. 2) Deliver any lost and found article from the Police Department to the Watch Commander 11. Payments a. Contractor will submit a monthly payment invoice listing each of the facilities serviced and each individual invoice amount. b. If the City determines that there are deficiencies in the performance of this contract, the Contractor will be notified both verbally and in writing each time service requirements are found to be unsatisfactory and corrective action is necessary. Should the Contractor fail to correct any deficiencies within 12 hours, the City may exercise the following measures: i. Deduct from the Contractor’s payment the amount necessary to correct the deficiency. ii. Withhold the entire or partial payment. iii. Utilize City forces or alternate source to correct the deficiency and deduct from the Contractor’s payment the total cost, including City overhead. c. Invoices will be submitted to the Building Services Supervisor 2022/06/14 City Council Post Agenda Page 332 of 636 28 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 City of Chula Vista Public Works 1800 Maxwell Road Chula Vista, CA 91911 12. Qualit y Assurance Contractor is responsible for training, supervising, equipping, checking work quality, ensuring adherence to schedule, and all other management issues involved with their employees. Quality control is the responsibility of the Contractor. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1, 2022 and end on June 30, 2023 with the option to extend for four (4) one-year extensions for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Fixed Fee Paid in Monthly Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below: CONTRACTOR agrees to provide all labor necessary to perform custodial services for the following facilities in accordance with the provisions and specifica tions listed in this Agreement. All paper-based products and hand-soaps shall be purchased by the City. Base Line Cleaning Services Labor Pricing ACTIVITY PER HOUR COST Labor, Hourly Rate DURING Regular Work Hours (M-F 6:00 am to 5:00 pm) $30.00 Labor, Hourly Rate AFTER Regular Work Hours $34.50 Location Time of Service Staffing/ Hours Est. Square Footage Monthly Cost Chula Vista Police Department (excluding Jail) 4:00 am to 12:30 pm Monday to Friday 8:00 am to 5:00 pm Monday to Friday 6:00 am to 2:30 pm Weekends and City Holidays 1 staff - 8 hours 1 staff – 8 hours each 1 staff – 8 hours each 132,374 square feet interior (gross) 150,314 square feet garage 8,517 exterior walkways $9,324.00 2022/06/14 City Council Post Agenda Page 333 of 636 29 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Chula Vista Police Department – Jail 4:00 am to 12:30 pm Monday to Friday 1 staff - 8 hours 16,000 square feet $3,790.00 Chula Vista Library – Civic Center Branch 8:00 am to 4:30 pm Monday to Friday 8:00 am to 12:30 pm Saturday and Sunday 1 staff - 8 hours each 1 staff – 4 hours each 71,085 square feet $4,736.00 Chula Vista Library South Branch 8:00 am to 4:30 pm Monday to Friday 8:00 am to 12:30 pm Saturday and Sunday 1 staff - 8 hours each 1 staff – 4 hours each 38,614 square feet $4,736.00 Chula Vista Library – Otay Ranch Branch 6:00 am to 8:00 am Monday to Friday 1 staff - 2 hours each 3,900 square feet $925.00 Recreation Center – Veterans 10:00 am to 2:00 pm Sunday to Thursday 1 staff - 4 hours each 15,885 square feet $1,949.00 Recreation Center – Heritage 8:00 am to 10:00 am Sunday to Thursday 1 staff - 2 hours each 6,000 square feet $950.00 Monthly Total: $26,410 Note: Services for Li braries and Recreation Centers – Libraries and Recreation Centers are currently restricted due to COVID-19 protocols. Hours of operation may be increased as restrictions are modified. Work Schedule - The Contractor shall accomplish all janitorial services based on the schedule noted above. Contractor shall adhere to all scheduling as defined in this document unless a schedule change has been approved by the Cit y in writing. B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Monthly costs per Facility are included on the table above. In addition, the City may use the Contractor for the following Services at the rates noted below: Additional Window Cleaning Cost per Sq. Ft. $0.75 Additional Carpet Shampooing Cost per Sq. Ft. $0.12 Stripping and Waxing Service Cost per Sq. Ft. $0.25 Additional Cleanup Services (regular working hours) Cost per Hour $30.00 Additional Cleanup Services (call-backs for after-hours, weekends and holidays with one (1) hour response time) Cost per Hour $34.50 2022/06/14 City Council Post Agenda Page 334 of 636 30 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through June 30, 2023 shall not exceed $380,000.00 for fiscal year 2022-23 and $2,250,000 for the total term of the Agreement (5-years). 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: “None” ☒ Security for Performance: In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or n/a. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to the rate of inflation as reflected by the San Diego Consumer Price Index (“CPI”) – for Urban Wage Earners and Clerical Workers (CPI-W), up to a maximum increase of 5% for any one (1) additional term for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. ☐ None 2022/06/14 City Council Post Agenda Page 335 of 636 31 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☐ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: ENTER ANY ADDITIONAL TERMS OR “NONE” 2022/06/14 City Council Post Agenda Page 336 of 636 32 City of Chula Vista Agreement No.: 2022-044 Service Provider Name: NOVA COMMERCIAL Rev. 2/4/21 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Stephen Mosca 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/06/14 City Council Post Agenda Page 337 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Agreement Amendment: Approve the First Amendment to the Agreement with Global Power to Increase the Maximum Contract Amount and Extend the Contract to June 30, 2023 for Emergency Generator Maintenance Services Report Number: 22-0180 Location: Various City Facilities Department: Public Works Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3). Recommended Action Adopt a resolution approving the first amendment to the agreement between the City and Global Power to increase the maximum contract amount to $375,000 and extend the agreement by one year. SUMMARY The City of Chula Vista (City) previously entered a Contractor/Service Provider Services Agreement with Global Power Group on December 1, 2019 with an end date of June 30, 2022 with two one-year options to extend. The proposed first amendment to the agreement will continue the maintenance service on emergency generators by executing the first annual extension and by increasing the maximum amount by $225,000 - including the first term and the additional one-year extension for a new not to exceed amount of $375,000. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/06/14 City Council Post Agenda Page 338 of 636 P a g e | 2 DISCUSSION Global Power performs and furnishes all work, materials, equipment, services, skill, and labor necessary to fully perform and complete emergency generator service maintenance in a good and workmanlike manner for various City locations and equipment. Maintenance service on emergency generators is necessary in order to maintain service to the public during a power outage. On December 1, 2019 by City of Chula Vista Agreement No.: 19115, the City Manager approved the Agreement with the Contractor/Service Provider for Emergency Generator Service Maintenance (Attachment 1). The initial term of the contract is set to expire on June 30, 2022. The contract included two one-year options to extend the contract. Global Power has tested, inspected, maintained and repaired emergency generators for various City facilities including Fire Stations, Police, Civic Center and various other locations. Global Power has performed satisfactorily and have provided well qualified staff with experience and expertise. Global Power has nearly reached the maximum amount of compensation under the agreement. The proposed first amendment to the agreement will continue the maintenance service on emergency generators by executing the first annual extension and by increasing the maximum amount by $225,000 - including the first term and the additional one-year extension for a new not to exceed amount of $375,000. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item solely concerns the repairs, replacement, or maintenance of existing streets, water, sewer, storm drainage or similar facilities, and any City Council member’s property will not be affected disproportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(d)(1)), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no additional fiscal impact as a result of approving the amendment to the agreement. Appropriations for this expense are included in the Public Works Department budget. ONGOING FISCAL IMPACT There is no additional fiscal impact as a result of approving the amendment to the agreement. Appropriations for this expense are included in the Public Works Department budget. Future contract increases will be considered as part of the normal budget process. ATTACHMENTS 1. Original Global Power Signed Agreement 2. First Amendment to Contractor/Service Provider Services Agreement with Global Power Group Staff Contact: An Pham, Management Analyst Angelica Aguilar, Assistant Director of Public Works 2022/06/14 City Council Post Agenda Page 339 of 636 1 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH GLOBAL POWER GROUP TO PROVIDE EMERGENCY GENERATOR SERVICE MAINTENANCE This Agreement is entered into effective as of December 1, 2019 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and GLOBAL POWER GROUP, A California Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista requires maintenance service on emergency generators in order to maintain service to the public during a power outage; and WHEREAS, in order to procure these services, the Department of Public Works solicited bids on July 19, 2019, in accordance with Chula Vista Municipal Code Section 2.56160.A., received five bids; and WHEREAS, Global Power was selected as the lowest responsive and responsible bidder. WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 340 of 636 2 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liabilit y for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 341 of 636 3 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 342 of 636 4 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 343 of 636 5 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 344 of 636 6 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 345 of 636 7 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 346 of 636 8 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 347 of 636 9 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the per formance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or an y other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party sha ll be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 348 of 636 10 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. GLOBAL POWER GROUP CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Salvador Martorana GARY HALBERT President, Global Power Group, Inc CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 For 2022/06/14 City Council Post Agenda Page 349 of 636 11 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Angelica Aguilar, Assistant Director of Public Works 1800 Maxwell Road (619) 397-6088 aaguilar@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: GLOBAL POWER GROUP 12040 Woodside Avenue, Lakeside, CA, 92040 (619) 579-1221 contracts@gpgpower.com For Legal Notice Copy to: Contracts Administrator 12040 Woodside Avenue, Lakeside, CA, 92040 (619) 579-1221 contracts@gpgpower.com 2. Required Services A. General Description: Contractor/Service Provider will perform and furnish all work, materials, equipment, services, skill, and labor necessary to fully perform and complete emergency generator service maintenance in a good and workmanlike manner for all locations and equipment listed below, and any new locations and equipment placed in service during the duration of this contract in strict accordance with the Contract Documents. B. Detailed Description: Contractor/Service Provider will perform the tasks listed in this Scope of Work: Emergency and Standby Power Systems (EPSS) Maintenance Procedures must adhere to NFPA 110 -2016 Chapter 8 “Routine Maintenance and Operational Testing”. Please reference price sheet for complete list of address locations of generators. The vendor will adhere to NFPA 110 – 2016 Figure A.8.3.1(a) “EPSS Maintenance Schedule” – Level 2 Frequency. Below is a partial list of items that illustrate the typical maintenance services requested by the DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 350 of 636 12 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 City. The complete and definitive maintenance schedule is listed in NFPA 110 – 2016 Figure A.8.3.1(a) “EPSS Maintenance Schedule” – Level 2 Frequency. Summary of Service Schedule Requirements: I. Monthly: Test all stationary generators performing a 30-minute operations “rotation” of each generator, completing necessary reports and documentation. II. Quarterly / Semiannual: 1) Inspect overall appearance and condition of the equipment 2) Inspect and clean batteries, replenish electrolyte, record specific gravity 3) Inspect battery charger for proper operation, voltage and amperage 4) Inspect fuel tanks, record fuel level, inspect for water 5) Inspect engine for leaks, inspect fluid levels and top off if necessary 6) Inspect governor for proper operation 7) Inspect air filter(s) 8) Test coolant system and inspect level 9) Inspect block heater for proper operation 10) Inspect belts and hoses 11) Run the generator a) Inspect gauges for proper function b) Inspect engine controls for proper function c) Inspect voltage, amperage and frequency d) Inspect electronic and mechanical engine shutdowns e) Inspect for abnormal vibration and noises f) Maintain the on-site run log as required by APCD 12) Record ending hour meter reading on a work order and invoice III. Annual Inspection: 1) Load bank the generator at 100% for two (2) hours for annually and four (4) hours every 3rd year. 2) Exercise automatic transfer switch, if so equipped 3) Change water filters, where used 4) Change engine oil, oil filters, and fuel filters if engine has run either more than 100 hours, or it has been more than two years since the engine oil was changed. 5) Take oil and coolant samples and send to testing laboratory, send a report copy to owner 6) Infrared inspection of associated electrical panels and transfer switches while generator is running IV. General Requirements: 1) Vendor will maintain an EPSS Maintenance log as outlined in NFPA 110 – 2016 Figure A.8.3.1(b) “EPSS Maintenance log” – Level 2 Frequency. 2) Vendor will maintain an EPSS Maintenance log as outlined in NFPA 110 – 2016 Figure A.8.4.1(a) “EPSS Operations and Testing log”. 3) Technicians shall remove and dispose of all hazardous waste according to federal, state and local hazardous material handling regulations. 4) Vendor will maintain stationary generator fuel at a “Keep Full” service level. Red dye diesel will only be used for diesel generators. Fueling services will be invoiced separately from regularly scheduled service maintenance. 5) Prior to the award of a contract, the City of Chula Vista shall be allowed to inspect each vendor’s facility and equipment to ensure compliance with these specifications DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 351 of 636 13 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 6) Vendor to confirm each generator meets the APCD requirements defined in each unit’s permit to operate and all applicable records and valid permits are posted at each generator for inspection. Any deficiency will be reported to the City Project Manager for resolution. 7) Vendor will provide an initial condition assessment of each Emergency and Standby Power System at the initiation of the contract. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2019 and end on June 30, 2022 for completion of all Required Services. 4. Compensation: A. Form of Compensation As full compensation for and in consideration of Contractor’s/Service Providers’ performance of the Required Services in strict accordance with the Contract Documents and in consideration of the fulfillment of all of Contractor’s/Service Provider’s obligations under the Contract Documents, the City agrees to compensate Contractor/Service Provider in accordance with the bid prices stated on Contractor/Service Provider’s Bid Form and re-stated below: DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 352 of 636 14 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Fuel costs to be invoiced based on fuel usage. For generator repair costs, contractor will provide cost estimate to City and upon approval of estimate will proceed with repairs. Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through 6/30/2022 shall not exceed $150,000. 5. Special Provisions: ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for two additional terms, defined as a one-year increment. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 353 of 636 15 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 Section 4 above may be increased by up to the annual CPI increase for the San Diego region for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. ☒ Other: Describe Special Provisions: ☒ DIR Registration. Contractor represents and warrants that it is registered with the Department of Industrial Relations (DIR) pursuant to California Labor Code (Labor Code) section 1725.5. Contractor may award or enter into a subcontract for work to be performed under this Agreement unless that subcontractor is registered with the DIR pursuant to Labor Code section 1725.5. The work to be performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. ☒ Prevailing Wages. Contractor and its subcontractors of every tier are required by the Contract Documents and Labor Code sections 1771 and 1774 to pay no less than the prevailing wages ("Prevailing Wage Rates") to persons employed by them to provide work under this Agreement. In accordance with the provisions of Section 1773 of the Labor Code, the City has ascertained the general prevailing wage scales are applicable to the work to be done under this Agreement. The prevailing wage scales are those determined by the DIR and can be found online at http://www.dir.ca.gov/dlsr. If Contractor intends to use a craft or classification not shown on the general prevailing wage rates determinations may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general wage rates determinations effective at the time of the call for bids. A certified copy of the employee’s payroll record shall be, upon request, furnished to City, the employee or his or her authorized representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and as further provided by the Labor Code. ☒ Non-Collusion Affidavit. Prior to commencing work or services under this Agreement, Contractor shall provide a fully executed and properly notarized Non-Collusion Affidavit, attached hereto and incorporated herein as Exhibit D. ☒ Workers’ Compensation Insurance Declaration. Prior to commencing work or services under this Agreement, Contractor shall provide a fully executed and properly notarized Workers’ Compensation Insurance Declaration, attached hereto and incorporated herein as Exhibit E. DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 354 of 636 16 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: NONE DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 355 of 636 17 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Angelica Aguilar, Public Works Department 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 356 of 636 18 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 EXHIBIT D NON-COLLUSION AFFIDAVIT To the City of Chula Vista, Director of Engineering & Capital Projects: The undersigned, in submitting a bid for performing the following work by Contract being duly sworn, deposes and says: That he/she has not, either directly or indirectly entered into any agreement, participated in any collusion, or otherwise ta ken any action in restraint of free competitive bidding and has not accepted any deposit from any subcontractor or material supplier through any bid depository, the by-laws, rules, and regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or material supplier, which is not processed through said bid depository, or which prevent any subcontractor or material supplier from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository in connection with this Contract. _____________________________________ Business Address Company _____________________________________ Place of Residence Signature of Bidder (Attach Proper Notarization) DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 357 of 636 19 City of Chula Vista Agreement No.: 19115 Consultant Name: GLOBAL POWER GROUP Rev. 10/24/17 EXHIBIT E WORKERS’ COMPENSATION INSURANCE DECLARATION Date:________________________ I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. _____________________________ Signature _____________________________ Contractor _____________________________ State Contractor's License No. _____________________________ Address _____________________________ City/State _____________________________ Phone Number (Attach Proper Notarization) DocuSign Envelope ID: 0877E619-21FD-4B8B-8555-8B7D242442C4 2022/06/14 City Council Post Agenda Page 358 of 636 City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021 First Amendment to Agreement between the City of Chula Vista and Global Power Group, a California Corporation For Emergency Generator Service Maintenance This First Amendment (First Amendment) is entered into effective as of June 1, 2022 (the “Effective Date”) by and between the City of Chula Vista (City) a chartered municipal corporation and Global Power Group, a California Corporation (Consultant) with reference to the following facts: RECITALS WHEREAS, City and Consultant previously entered into Attachment 2 Global Power Amendment to Original Agreement.docx (the “Original Agreement”) on 12/1/2019; and WHEREAS, City and Consultant desire to amend the Original Agreement to provide for the first of the two optional one year extensions as more specifically set forth below; and WHEREAS, City and Consultant also desire to amend the Original Agreement to increase the Maximum Compensation for the agreement by $225,000 - including the first term and the additional one year extension for a new not to exceed amount of $375,000; and WHEREAS, section 8.1 of the Original Agreement provides that the parties are permitted to modify the Agreement by means of a writing executed by both parties. NOW, THEREFORE, for valuable consideration and in consideration of the above Recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, entitled Amended Scope of Work and Payment Terms is hereby amended as provided in Exhibit A, attached hereto and incorporated herein by this reference. 2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 3. Each party represents that it has full right, power and authority to execute this First Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this First Amendment on the behalf of such party are duly authorized agents with authority to do so. 2022/06/14 City Council Post Agenda Page 359 of 636 City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021 SIGNATURE PAGE TO FIRST AMENDMENT TO ATTACHMENT 2 GLOBAL POWER AMENDMENT TO ORIGINAL AGREEMENT.DOCX GLOBAL POWER GROUP, A CALIFORNIA CORPORATION CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ SALVATORE MARTORANA MARY CASILLAS SALAS PRESIDENT MAYOR ATTEST BY: _________________________________ KERRY K. BIGELOW, MMC CITY CLERK APPROVED AS TO FORM BY: _________________________________ GLEN R. GOOGINS CITY ATTORNEY https://chulavista.escribemeetings.com/eSCRIBE Supporting Documents/cadbfdc0-a2cd-4a1a-82cb-9f68d8dfea14/Global Power Amendment to Agreement.docx 2022/06/14 City Council Post Agenda Page 360 of 636 City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021 EXHIBIT A AMENDED SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Angelica Aguilar, Assistant Director of Public Works 1800 Maxwell Road (619) 397-6088 aaguilar@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.us B. Contractor/Service Provider Contract Administration: GLOBAL POWER GROUP, A CALIFORNIA CORPORATION 12040 Woodside Avenue, Lakeside, CA, 92040 (619) 579-1221 contracts@gpgpower.com For Legal Notice Copy to: Contracts Administrator 12040 Woodside Avenue, Lakeside, CA, 92040 (619) 579-1221 contracts@gpgpower.com 2. Required Services A. General Description: Contractor/Service Provider will perform and furnish all work, materials, equipment, services, skill, and labor necessary to fully perform and complete emergency generator service maintenance in a good and workmanlike manner for all locations and equipment listed below, and any new locations and equipment placed in service during the duration of this contract in strict accordance with the Contract Documents. B. Detailed Description: Contractor/Service Provider will perform the tasks listed in this Scope of Work: Emergency and Standby Power Systems (EPSS) Maintenance Procedures must adhere to NFP A 110 -2016 Chapter 8 “Routine Maintenance and Operational Testing”. Please reference price sheet for complete list of address locations of generators. The vendor will adhere to NFPA 110 – 2016 Figure A.8.3.1(a) “EPSS Maintenance Schedule” – Level 2 Frequency. Below is a partial 2022/06/14 City Council Post Agenda Page 361 of 636 City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021 list of items that illustrate the typical maintenance services requested by the City. The complete and definitive maintenance schedule is listed in NFPA 110 – 2016 Figure A.8.3.1(a) “EPSS Maintenance Schedule” – Level 2 Frequency. Summary of Service Schedule Requirements: I. Monthly: Test all stationary generators performing a 30-minute operations “rotation” of each generator, completing necessary reports and documentation. II. Quarterly / Semiannual: 1) Inspect overall appearance and condition of the equipment 2) Inspect and clean batteries, replenish electrolyte, record specific gravity 3) Inspect battery charger for proper operation, voltage and amperage 4) Inspect fuel tanks, record fuel level, inspect for water 5) Inspect engine for leaks, inspect fluid levels and top off if necessary 6) Inspect governor for proper operation 7) Inspect air filter(s) 8) Test coolant system and inspect level 9) Inspect block heater for proper operation 10) Inspect belts and hoses 11) Run the generator a) Inspect gauges for proper function b) Inspect engine controls for proper function c) Inspect voltage, amperage and frequency d) Inspect electronic and mechanical engine shutdowns e) Inspect for abnormal vibration and noises f) Maintain the on-site run log as required by APCD 12) Record ending hour meter reading on a work order and invoice III. Annual Inspection: 1) Load bank the generator at 100% for two (2) hours for annually and four (4) hours every 3rd year. 2) Exercise automatic transfer switch, if so equipped 3) Change water filters, where used 4) Change engine oil, oil filters, and fuel filters if engine has run either more than 100 hours, or it has been more than two years since the engine oil was changed. 5) Take oil and coolant samples and send to testing laboratory, send a report copy to owner 6) Infrared inspection of associated electrical panels and transfer switches while generator is running IV. General Requirements: 1) Vendor will maintain an EPSS Maintenance log as outlined in NFPA 110 – 2016 Figure A.8.3.1(b) “EPSS Maintenance log” – Level 2 Frequency. 2) Vendor will maintain an EPSS Maintenance log as outlined in NFPA 110 – 2016 Figure A.8.4.1(a) “EPSS Operations and Testing log”. 2022/06/14 City Council Post Agenda Page 362 of 636 City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021 3) Technicians shall remove and dispose of all hazardous waste according to federal, state and local hazardous material handling regulations. 4) Vendor will maintain stationary generator fuel at a “Keep Full” service level. Red dye diesel will only be used for diesel generators. Fueling services will be invoiced separately from regularly scheduled service maintenance. 5) Prior to the award of a contract, the City of Chula Vista shall be allowed to inspect each vendor’s facility and equipment to ensure compliance with these specifications 6) Vendor to confirm each generator meets the APCD requirements defined in each unit’s permit to operate and all applicable records and valid permits are posted at each generator for inspection. Any deficiency will be reported to the City Project Manager for resolution. 7) Vendor will provide an initial condition assessment of each Emergency and Standby Power System at the initiation of the contract. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2019 and end on June 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation As full compensation for and in consideration of Contractor’s/Service Providers’ performance of the Required Services in strict accordance with the Contract Documents and in consideration of the fulfillment of all of Contractor’s/Service Provider’s obligations under the Contract documents, the City agrees to compensate Contractor/Service Provider in accordance with the bid prices stated on Contractor/Service Provider’s Bid Form and re-stated below: 2022/06/14 City Council Post Agenda Page 363 of 636 City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021 B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Fuel costs to be invoiced based on fuel usage. For generator repair costs, contractor will provide cost estimate to City and upon approval of estimate will proceed with repairs. AND Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2023 shall not exceed $375,000. If the City exercises its option to extend the Agreement, the amount to be paid to the Consultant for services provided during the term of that extension shall not exceed $150,000. If the City exercises all additional options to extend the Agreement, the total amount to be paid to the Consultant for services provided during the initial and optional extension periods shall not exceed $525,000 5. Special Provisions: ☒ Other: DESCRIBE SPECIAL PROVISIONS 2022/06/14 City Council Post Agenda Page 364 of 636 City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021 ☒ DIR Registration. Contractor represents and warrants that it is registered with the Department of Industrial Relations (DIR) pursuant to California Labor Code (Labor Code) section 1725.5. Contractor may award or enter into a subcontract for work to be performed under this Agreement unless that subcontractor is registered with the DIR pursuant to Labor Code section 1725.5. The work to be performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. ☒ Prevailing Wages. Contractor and its subcontractors of every tier are required by the Contract Documents and Labor Code sections 1771 and 1774 to pay no less than the prevailing wages ("Prevailing Wage Rates") to persons employed by them to provide work under this Agreement. In accordance with the provisions of Section 1773 of the Labor Code, the City has ascertained the general prevailing wage scales are applicable to the work to be done under this Agreement. The prevailing wage scales are those determined by the DIR and can be found online at http://www.dir.ca.gov/dlsr. If Contractor intends to use a craft or classification not shown on the general prevailing wage rates determinations may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general wage rates determinations effective at the time of the call for bids. A certified copy of the employee’s payroll record shall be, upon request, furnished to City, the employee or his or her authorized representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and as further provided by the Labor Code. ☒ Non-Collusion Affidavit. Prior to commencing work or services under this Agreement, Contractor shall provide a fully executed and properly notarized Non-Collusion Affidavit, attached hereto and incorporated herein as Exhibit D. ☒ Workers’ Compensation Insurance Declaration. Prior to commencing work or services under this Agreement, Contractor shall provide a fully executed and properly notarized Workers’ Compensation Insurance Declaration, attached hereto and incorporated herein as Exhibit E. ☒ Options to Extend: Notwithstanding the completion date set forth in section 3.C., above, City has option to extend this Agreement for up to two additional years, in one-year increments. The Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 3., above, may be increased by up to the annual CPI increase for the San Diego region for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension. Such notice shall be provided at least 30 days prior to the expiration of the term. 2022/06/14 City Council Post Agenda Page 365 of 636 C:\Program Files\eSCRIBE\TEMP\16581484538\16581484538,,,Global Power Agreement First Amendment Resolution.docx RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GLOBAL POWER TO PROVIDE EMERGENCY GENERATOR MAINTENANCE SERVICE WHEREAS, the City entered into an agreement with Global Power on December 1, 2019 to provide emergency generator maintenance service; and WHEREAS, the initial term of the agreement is set to expire on June 30, 2022 and included two one year options to extend the agreement; and WHEREAS, the proposed first amendment to the agreement will continue the maintenance service on emergency generators by executing the first annual extension and by increasing the maximum amount by $225,000 - including the first term and the additional one-year extension for a new not to exceed amount of $375,000; and WHEREAS, the agreement includes emergency generators at the Civic Center, Fire Stations, Police and various other City facilities; and WHEREAS, staff recommends the approval of the first amendment to the agreement with Global Power for generator maintenance services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the First Amendment to the Contractor/Service Provider Services Agreement with Global Power, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute the same. Presented by: Matt Little Director of Public Works Approved as to form by: Glen R. Googins City Attorney 2022/06/14 City Council Post Agenda Page 366 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Declaration of Surplus Land: Declare a City-Owned Parcel of Vacant, Undeveloped Property as Surplus Land Pursuant to the Surplus Land Act Report Number: 22-0160 Location: Approximately 7,200 square feet of undeveloped, vacant property consisting of a 15-foot-wide strip at the northern edge of the City-owned 54-acre west landfill site Department: Economic Development Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15312 Class 12 (Surplus Government Property Sales) and Section 15061(b)(3). Recommended Action Adopt a resolution declaring an approximately 7,200 square foot parcel of vacant, undeveloped property at the northern edge of the City-owed 54-acre west landfill site as vacant land under the Surplus Land Act. SUMMARY The City owns real property consisting of approximately 54 acres west of the active landfill site. The land is undeveloped and vacant and serves no current City or municipal use. Directly north of the site is the Sunbow site consisting of 136 acres of property proposed to be developed by Lennar Corporation as a residential subdivision. The property that is the subject of this action is an approximately 7,200 square foot portion of the overall 54 acres, consisting of a 15-foot-wide strip measuring 480 feet in length. Lennar Corporation has indicated an interest in potentially acquiring this portion of the property for the purposes of constructing and maintaining a buttress that would support the adjacent slope upon which the residential subdivision will be located. On October 9, 2019, Governor Newsom signed Assembly Bill (“AB”) 1486, which, among other things, contained the following amendments to the Surplus Land Act: changed the definition of “surplus land” and provided that land shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action to sell or lease land. AB 1486 further added provisions prohibiting the City from negotiating 2022/06/14 City Council Post Agenda Page 367 of 636 P a g e | 2 any disposition of the property prior to compliance with the procedural requirements of the Surplus Land Act. In order to pursue any potential disposal of the approximately 7,200 square foot property, the City must now comply with the Surplus Land Act as amended by AB 1486. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15312 Class 12 (Surplus Government Property Sales) and Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A DISCUSSION The City of Chula Vista was dedicated a 54-acre parcel located in the County of San Diego, a total site of approximately 2,352,240 square feet, west of the active landfill site. The land is undeveloped and vacant and serves no current City or municipal use. Directly north of the site is the Sunbow site consisting of 136 acres of property proposed to be developed by Lennar Corporation as a residential subdivision. The subject of this staff report is an approximately 7,200 square foot portion of the overall 54 acres, consis ting of a 15-foot- wide strip measuring 480 feet in length. Lennar Corporation has indicated a desire to acquire this portion of City’s property for the purposes of constructing and maintaining a buttress that would support the adjacent slope upon which the residential subdivision will be located. City staff has determined that any potential disposition of this property would not materially affect any future City or municipal use of the 54-acre parcel. As previously indicated, the amended Surplus Land Act, requires that agencies first declare land "surplus land" or "exempt surplus land" before the agency can negotiate any disposition of the land, either for sale or for lease. The Surplus Land Act then provides that, prior to disposing of “surplus land”, local agencies shall first offer such “surplus land” to various entities, including housing sponsors and other public agencies for the development of affordable housing and parks and open space. Pursuant to the amended Surplus Land Act, City staff must send a written notice of availability of the subject property by electronic mail or by certified mail to the all of the entities identified in Government Code section 54222, which include local public entities and housing sponsors that have notified the California Department of Housing and Community Development of their interest in surplus land for the purpose of developing low- income and moderate-income housing, to the County of San Diego, any regional park authority and the State Resources Agency for open-space purposes; and to the local school district for school facilities or use. If one of the entities/agencies receiving the notice of availability desires to purchase or lease the subject property, it must notify the City of its interest to do so in writing within 60 days of receiving the City’s notice, and the City and the entity/agency so responding may negotiate price and terms for the disposition of the subject property. If the City receives multiple notices of interest, the Surplus Land Act establishes priorities, with first priority given to entities that agree to use the property for affordable housing. 2022/06/14 City Council Post Agenda Page 368 of 636 P a g e | 3 Finally, in the event no agreement is reached between the City and any interested entity/agency after a good faith negotiation period of 90 days, the subject property may be disposed of without further regard to the Surplus Land Act. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current fiscal impact resulting from this action. ONGOING FISCAL IMPACT There will be no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Legal Description 2. Plat Staff Contact: Eric Crockett, Deputy City Manager Kevin Pointer, Senior Economic Development Specialist 2022/06/14 City Council Post Agenda Page 369 of 636 Rasmuson Appraisal Services Lennar Acquisition - 21769 - Page 26 PART III SUBJECT SITE ANALYSIS Fee Acquisition Legal Description Attachment 1 2022/06/14 City Council Post Agenda Page 370 of 636 Rasmuson Appraisal Services Lennar Acquisition - 21769 - Page 27 PART III SUBJECT SITE ANALYSIS Fee Acquisition Plat Exhibit B 2022/06/14 City Council Post Agenda Page 371 of 636 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING APPROXIMATELY 7,200 SQUARE FEET OF UNDEVELOPED, VACANT PROPERTY AT THE NORTHERN EDGE OF THE CITY-OWNED WEST LANDFILL SITE AS VACANT LAND UNDER THE SURPLUS LAND ACT (GOVERNMENT CODE 54220 ET. SEQ.) WHEREAS, the City of Chula Vista owns a 54-acre site north of Maxwell Road and South of Olympic Parkway; and WHEREAS, directly north of the site is the Sunbow site consisting of 136 acres of property proposed to be developed by Lennar Corporation as a residential subdivision; and WHEREAS, to develop the subdivision, Lennar Corporation desires to acquire an approximately 7,200 square foot piece of this property consisting of a 15-foot-wide strip measuring 480 feet in length at the northern edge of the 54-acre west landfill site; and WHEREAS, Lennar Corporation has indicated a desire to potentially purchase, construct, and maintain a buttress on this property that would support the adjacent slope upon which the residential slope will be located; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq., applies when a local agency disposes of “surplus land,” as that term is defined in Government Code Section 54221; and WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill (“AB”) 1486, which significantly amended the Surplus Land Act effective January 1, 2020, which among other things: included changing the previous long-standing definitions of “surplus land” and “exempt surplus land”; providing that property shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action dispose of it”; and WHEREAS, the subject property would fall within the definition of “surplus land” pursuant to Government Code section 54221, as amended by AB 1486; and WHEREAS, in order to pursue new potential uses for the subject property, including the disposition of the subject property through the sale or lease of the site; the City of Chula Vista must now comply with the Surplus Land Act, as amended by AB 1486; and WHEREAS, pursuant to the amended Surplus Land Act, City staff will send a written notice of availability of the subject site by electronic mail or by certified mail to all the entities identified in Government Code section 54222; and 2022/06/14 City Council Post Agenda Page 372 of 636 WHEREAS, subject to Government Code section 54227, if one of the entities/agencies desires to purchase or lease the property after having received notice, it must indicate its interest to do so within 60 days of receiving the City’s notice; and the City and the entity/agency so responding to the notice may negotiate price and terms for the disposition of the property; and WHEREAS, pursuant to Government Code section 54223, in the event no agreement is reached between the City and any interested entity/agency after a good faith negotiation period of 90 days, the property may be disposed of without further regard to the Surplus Land Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that, for the purposes of compliance with the Surplus Land Act, the property consisting of approximately 7,200 square feet at the northern edge of the City-owned 54-acre west landfill site more particularly identified by the legal description provided as Exhibit A and plat provided as Exhibit B, which are attached hereto and incorporated herein, is declared surplus land. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it directs the City Manager or designee to facilitate the disposition of said property in accordance with the Surplus Land Act. Presented by Approved as to form by Eric C. Crockett Glen R. Googins Deputy City Manager City Attorney 2022/06/14 City Council Post Agenda Page 373 of 636 Exhibit A SUBJECT SITE ANALYSIS Rasmuson Appraisal Services Lennar Acquisition - 21769 - Page 27 PART III Fee Acquisition Plat 2022/06/14 City Council Post Agenda Page 374 of 636 Rasmuson Appraisal Services Lennar Acquisition - 21769 - Page 27 PART III SUBJECT SITE ANALYSIS Fee Acquisition Plat Exhibit B 2022/06/14 City Council Post Agenda Page 375 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Public Works Contract Award: Accept Bids and Award the Contract for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255)" Projects to Western Rim Constructors Group, Inc. Report Number: 22-0186 Location: 205 27th Street Chula Vista Department: Engineering Environmental Notice: This action is exempt from California Environmental Quality Act State (CEQA) pursuant to CEQA Guidelines Sections 15269(c) (Emergency Projects) and 15359 (Emergency). Notwithstanding the foregoing, the Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and Section 15061(b)(3). Recommended Action Council adopt a resolution accepting bids and awarding the contract for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255)” projects to Western Rim Constructors, Inc. in the amount of $2,776,014.20. SUMMARY On May 20, 2022, the Director of Engineering and Capital Projects received two (2) sealed bids for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255) projects. The projects are included in the Capital Improvement Program for Fiscal Year 2021/2022. The proposed resolution, if approved, would 1) accept bids; and 2) award the contract for these projects to Western Rim Constructors, Inc. in the amount of $2,776,014.20. ENVIRONMENTAL REVIEW This action is exempt from California Environmental Quality Act State (CEQA) pursuant to CEQA Guidelines Sections 15269(c) (Emergency Projects) and 15359 (Emergency). This action is necessary to prevent or mitigate an emergency, and is also necessary to address a sudden and unexpected occurrence involving a 2022/06/14 City Council Post Agenda Page 376 of 636 P a g e | 2 clear and imminent danger, demanding immediate action to prevent or mitigate the loss of, or damage to, life, health, property, or essential public services. Notwithstanding the foregoing, the proposed Project exempt from CEQA pursuant to California Environmental Quality Act (CEQA) State Guidelines Section 15301 Class 1 (categorical exemption for existing facilities), Section 15303 Class 3 (categorical exemption for new construction or conversion of small structures), Section 15304 Class 4 (categorical exemption for minor alterations to land), and Section 15061(b)(3) because the proposed Project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, be located on a site pursuant to Section 65962.5, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The scope of work for CIP# GGV0254 includes the development of a vacant parcel to provide temporary shelters for the unhoused. The scope of work for CIP# GGV0255 includes the sidewalk improvements, utility connections, and water main extension needed for the shelter project noted above. Competitive Bid Process On April 25, 2022, Engineering and Capital Projects Staff advertised the combined projects and received two (2) sealed bids on May 20, 2022. The base bid totals from the prime contractors were as follows: Ranking Contractor Bid Amount 1 Western Rim Constructors Group, Inc. $2,776,014.20 2 West Coast General Group, Inc. $3,392,188.05 During Staff’s review of the bid proposals received, a minor computational error was discovered that resulted in an administrative adjustment in accordance with the bid specifications to Western Rim’s original bid amount. The administrative adjustment to the bid amount did not change the lowest responsive bidder for the project. The original and adjusted bid amounts are as follows: WESTERN RIM CONSTRUCTORS GROUP, INC. BID AMOUNT Original $2,776,065.00 Adjusted $2,776,014.20 Western Rim Group, Inc. has acknowledged the minor computational error in their bid proposal and indicated that they will honor the adjusted bid amount (Attachment 1). The adjusted apparent low bid by Western Rim Group, Inc. of $2,776,014.20 is $234,253 (approximately 8%) below the Engineer’s estimate of $3,010,267. Western Rim Group, Inc . is currently an active licensed Class “A”, General Engineering Contractor (License No. 798623). All listed sub-contractor’s licenses are also current and active, except for an asphalt paving sub-contractor; Western Rim Group, Inc. has indicated intent to self-perform the associated paving bid items (Attachment 2). 2022/06/14 City Council Post Agenda Page 377 of 636 P a g e | 3 Staff recommends to proceed with award of contract to the apparent low bidder, Western Rim Group, Inc. Disclosure Statement Attachment 3 is a copy of the Contractor’s Disclosure Statement. Wage Statement The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not represent a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will initiate the construction phase of GGV0254 & GGV0255. Sufficient CDBG funding is available in GGV0254 & GGV0255 to award the contract. Therefore, there is no additional impact to the CDBG Fund. The following is a summary of anticipated project costs: Funds Required for Construction A. Contract Amount $2,776,014 B. Contract Contingency $480,000 C. Construction Inspection Staff Cost $480,000 D. Survey Staff Design Staff Closeout $29,042 E. Soil, Material Testing & Special Inspection $56,000 F. City Design Staff $29,042 G. Design Consultant Construction Support $50,000 H. Closeout $29,042 Total Funds Required for Construction $3,929,140 Available Funding A. Available Project Budget (GGV0254) $1,866,323 B. Available Project Budget (GGV0255) $14,855 C. Appropriate Funds (per Resolution No. 2021-019 – CDBG to GGV0254) $2,047,962 Total Funds Available for Construction $3,929,140 2022/06/14 City Council Post Agenda Page 378 of 636 P a g e | 4 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City maintenance. ATTACHMENTS 1. Error Acknowledgment Letter 2. Self-perform Letter 3. Disclosure Statement Staff Contact: William Valle, Director of Engineering & Capital Projects Michael Benoza, Associate Engineer 2022/06/14 City Council Post Agenda Page 379 of 636 2022/06/14 City Council Post Agenda Page 380 of 636 2022/06/14 City Council Post Agenda Page 381 of 636 2022/06/14 City Council Post Agenda Page 382 of 636 2022/06/14 City Council Post Agenda Page 383 of 636 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; WAIVING IMMATERIAL IRREGULARTIES; AND AWARDING THE CONTRACT FOR THE “PUBLIC FACILITY IMPROVEMENT (CIP# GGV0254) AND FAIVRE & BROADWAY SIDEWALK IMPROVEMENT (CIP# GGV0255)” PROJECTS TO WESTERN RIM CONSTRUCTORS, INC. WHEREAS, section 2.56.160 of the Chula Vista Municipal Code authorizes the City to award contracts for public works; and WHEREAS, on April 25, 2022, the Department of Engineering and Capital Projects solicited bids for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255)” projects in accordance with Chula Vista Municipal Code section 2.56.160.A; and WHEREAS, on May 20, 2022, the Director of Engineering and Capital Projects received two (2) sealed bids for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255)” projects; and WHEREAS, the apparent low bid for the project was submitted by Western Rim Constructors, Inc. (Western Rim) in the amount of $2,776,065, which is below the Engineer’s estimate of $3,010,267 by $234,202 (approximately 8% below the Engineer’s estimate); and WHEREAS, staff discovered a minor computational error that resulted in an administrative adjustment in accordance with the bid specifications to Western Rim’s original bid amount. The administrative adjustment to the bid amount did not change the lowest responsive bidder for the project; and WHEREAS, on May 31, 2022, the Cit y informed Western Rim one of their subcontractors licenses is suspended and offered them the opportunity to respond. On June 1, 2022, the City received Western Rim’s response. Western Rim agreed to self-perform the work bid by a subcontractor with a suspended license; and WHEREAS, staff recommends waiving the above immaterial irregularities and proceed with award of contract to Western Rim in the amount of $2,776,014.20. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts bids; waives immaterial irregularities; and awards the contract for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255)” projects to Western Rim Constructors, Inc. in the amount of $2,776,014.20. 2022/06/14 City Council Post Agenda Page 384 of 636 Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2022/06/14 City Council Post Agenda Page 385 of 636 This document was created by an application that isn’t licensed to use novaPDF. Purchase a license to generate PDF files without this notice. Project Location 2022/06/14 City Council Post Agenda Page 386 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE City Employment Benefits: Adopt Amendments to the Memoranda of Understanding with Collective Bargaining Groups Regarding Employee Benefits Report Number: 22-0114 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving amendments to memoranda of understanding (MOUs) regarding the addition of Juneteenth as a hard holiday, a Post Employment Health Plan, and the option to cash out vacation, compensatory time, and sick leave, if applicable for the following bargaining units: Association of Chula Vista Employees (“ACE”); Chula Vista Mid-Managers/Professional Association, SEIU Local 221 (“MM/PROF”); Non-Safety Local 2180, International Association of Fire Fighters, (“Non-Safety IAFF”); Chula Vista Peace Officers Association (“POA”); and the Western Council of Engineers (“WCE”). SUMMARY The City of Chula Vista and the and the Association of Chula Vista Employees (“ACE”); Chula Vista Mid- Managers/Professional Association, SEIU Local 221 (“MM/PROF”); Non-Safety Local 2180, International Association of Fire Fighters (“Non-Safety IAFF”); Chula Vista Peace Officers Association (“POA”); and the Western Council of Engineers (“WCE”) bargaining groups have worked collaboratively toward the development of a mutually beneficial Memoranda of Understanding (“Bargaining Unit MOUs”), that provide for wages, hours and other terms and conditions of employment. The City and the ACE, MM/PROF, Non- Safety IAFF, POA and WCE bargaining groups have met in good faith as required by the Meyers-Milias-Brown Act (“MMBA") and desire to amend their respective Bargaining Unit MOU’s regarding: Juneteenth (to add as a hard holiday), leave cash out, and Post Employment Health Plans (“PEHP”). 2022/06/14 City Council Post Agenda Page 387 of 636 P a g e | 2 ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista and the and the Association of Chula Vista Employees (“ACE”); Chula Vista Mid- Managers/Professional Association, SEIU Local 221 (“MM/PROF”); Non-Safety Local 2180, International Association of Fire Fighters (“Non-Safety IAFF”); Chula Vista Peace Officers Association (“POA”); and the Western Council of Engineers (“WCE”) bargaining groups have worked collaboratively toward the development of a mutually beneficial Memoranda of Understanding (“Bargaining Unit MOUs”), that provide for wages, hours and other terms and conditions of employment. The City and the ACE, MM/PROF, Non-Safety IAFF, POA and WCE bargaining groups have met in good faith as required by the Meyers-Milias-Brown Act (“MMBA") and desire to amend their respective Bargaining Unit MOU’s regarding: Juneteenth (to add as a hard holiday), leave cash out provisions, and Post Employment Health Plans (“PEHP”). Amendments to the bargaining units’ respective MOUs have been prepared to reflect the above desired amendments and are included as attachments to this staff report. DECISION-MAKER CONFLICT Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The addition of the Juneteenth holiday for the ACE, MM/PROF, Non-Safety IAFF, POA and WCE is estimated to cost approximately $376,410, which $288,301 is non-productive time and $88,109 in overtime. There is no fiscal impact associated with the modifications to the Post Employment Health Plan and leave cash out provisions of the applicable MOUs. The following table reflects the estimated costs by fund: 2022/06/14 City Council Post Agenda Page 388 of 636 P a g e | 3 ONGOING FISCAL IMPACT The addition of the Juneteenth holiday for the ACE, MM/PROF, Non-Safety IAFF, POA and WCE is estimated to cost approximately $382,307 annually, which $292,436 is non-productive time and $91,871 in overtime. The cost will be incorporated into the baseline salary budget of the affected departments in future fiscal years. There is no fiscal impact associated with the modifications to the Post Employment Health Plan and leave cash out provisions of the applicable MOUs. The following table reflects the estimated costs by fund: Fund FY 2022 Est. Cost 100-General Fund 279,256$ 222-2018 Measure A Sales Tax 41,650 408-Development Services Fund 17,883 414-Sewer Service Revenue 12,347 313-Chula Vista Housing Authority 1,872 391-Central Garage Fund 3,467 234-Advanced Life Support Program 1,246 410-Transport Enterprise 10,296 282-Environmental Services 2,116 273-State Grants 2,040 405-City Jail 3,731 272-Federal Grants 290 221-Transportation Grants-Gas Tax 215 TOTAL ESTIMATED COST 376,410$ Fund FY 2023 Est. Cost 100-General Fund 285,604$ 222-2018 Measure A Sales Tax 42,308 408-Development Services Fund 18,173 414-Sewer Service Revenue 12,547 313-Chula Vista Housing Authority 1,902 391-Central Garage Fund 3,523 234-Advanced Life Support Program 1,266 410-Transport Enterprise 10,464 282-Environmental Services 2,151 273-State Grants 2,064 405-City Jail 3,791 272-Federal Grants 295 221-Transportation Grants-Gas Tax 219 TOTAL ESTIMATED COST 384,307$ 2022/06/14 City Council Post Agenda Page 389 of 636 P a g e | 4 ATTACHMENTS 1. First Amendment to the MOU Between the City of Chula Vista and the Association of Chula Vista Employees (“ACE”) Covering the Period of September 14, 2021, to June 30, 2024, Regarding the Addition of Juneteenth, a Post Employment Health Plan (“PEHP”), and Vacation Cash Out 2. First Amendment to the MOU Between the City of Chula Vista and the Mid-Managers/Professional Association, SEIU Local 221 (“MM/PROF”) Covering the Period of February 8, 2022, to December 31, 2024, Regarding the Addition of Juneteenth, a Post Employment Health Plan (“PEHP”), and Vacation Cash Out 3. First Amendment to the MOU Between the City of Chula Vista and the Non-Safety Local 2180, International Association of Fire Fighters (“Non-Safety IAFF”) Covering the Period of December 14, 2021, to June 30, 2023, Regarding the Addition of Juneteenth, a Post Employment Health Plan (“PEHP”), and Vacation and Sick Leave Cash Out 4. First Amendment to the MOU Between the City of Chula Vista and the Chula Vista Peace Officers Association (“POA”) Covering the Period of May 4, 2021, to June 30, 2024, Regarding the Addition of Juneteenth, a Post Employment Health Plan (“PEHP”), and Vacation and Sick Leave Cash Out 5. First Amendment to the MOU Between the City of Chula Vista and the Western Council of Engineers (“WCE”) Covering the Period of December 14, 2021, to December 31, 2024, Regarding the Addition of Juneteenth, a Post Employment Health Plan (“PEHP”), and Vacation Cash Out Staff Contact: Courtney Chase, Director of Human Resources/Risk Management 2022/06/14 City Council Post Agenda Page 390 of 636 RESOLUTION NO. 2022-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO MEMORANDA OF UNDERSTANDING REGARDING THE ADDITION OF JUNETEENTH AS A HARD HOLIDAY, A POST EMPLOYMENT HEALTH PLAN AND THE OPTION TO CASH OUT VACATION COMPENSATORY TIME AND SICK LEAVE IF APPLICABLE FOR THE FOLLOWING BARGAINING UNITS: ASSOCIATION OF CHULA VISTA EMPLOYEES; CHULA VISTA MID MANAGERS/ PROFESSIONAL ASSOCIATION, SEIU LOCAL 221; NON-SAFETY, LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS; CHULA VISTA PEACE OFFICERS ASSOCIATION; AND THE WESTERN COUNCIL OF ENGINEERS WHEREAS, the City and the Association of Chula Vista Employees (“ACE”); the Chula Vista Mid Managers/Professional Association, SEIU Local 221 (“MM/PROF”); Non-Safety, Local 2180 International Association of Fire Fighters (“Non-Safety IAFF”); Chula Vista Peace Officers Association (“POA); and the Western Council of Engineers (“WCE”) (collectively “Bargaining Units”) have MOU’s (referred to as “Bargaining Unit MOU’s”) that provide for wages, hours, and other terms and conditions of employment; and WHEREAS, the City and the Bargaining Units have met in good faith as required by the Meyers-Milias-Brown Act (“MMBA") and desire to amend their respective Bargaining Unit MOU’s regarding: Junetenth (to add as a hard holiday), leave cashout, and Post Employment Health Plans (“PEHP”); and WHEREAS, amendments to the Bargaining Units respective Bargaining Unit MOU’s have been prepared to reflect the above desired amendments and copies of said amendments are on file in the City Clerk’s Office (referred to “MOU Amendments”). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the MOU Amendments between the City and ACE, MM/PROF, Non-Safety IAFF, POA and WCE, in substantially the form presented, with such minor modifications as may be approved or required by the City Attorney’s Office, and authorizes the City Manager to execute said MOU Amendments. Presented by Approved as to form by _________________________________ _________________________________ Courtney Chase Glen Googins Director of Human Resources/Risk Management City Attorney 2022/06/14 City Council Post Agenda Page 391 of 636 FIRST AMENDMENT TO THE MOU BETWEEN THE CITY OF CHULA VISTA AND THE ASSOCIATION OF CHULA VISTA EMPLOYEES (“ACE”) COVERING THE PERIOD OF SEPTEMBER 14, 2021, TO JUNE 30, 2024, REGARDING THE ADDITION OF JUNETEENTH, A POST EMPLOYMENT HEALTH PLAN (“PEHP”), AND VACATION CASH OUT WHEREAS, the City of Chula Vista (“City”) and the Association of Chula Vista Employees (“ACE”) entered into a memorandum of understanding (“2021-2024 MOU”) covering the period of September 14, 2021, to June 30, 2024, regarding wages, hours, and other terms and conditions of employment, within the meaning of the Meyers-Milias-Brown Act (“MMBA”); and WHEREAS, City and ACE, after meeting and conferring in good faith pursuant to the MMBA, desire to enter into this First Amendment to the 2021-2024 MOU regarding the addition of Juneteenth, a Post Employment Health Plan (“PEHP”), and vacation cash out. NOW, THEREFORE, the City and ACE agree as to amend the 2021-2024 MOU follows: a. Amend Article 3.05 Holidays to add “Juneteenth” as a hard holiday. b. Amend Article 3.02 Vacation (II)(A)(7) Vacation sell back to read: Vacation sell back – All members of represented classifications who have completed at least five (5) years of service shall have the option of selling up to 80 hours of accrued vacation back to the City in 20-hour increments each calendar year. The cash out may not be made until the hours have been accrued in the Calendar year. Elections for annual cash out must be made by December 1 of the prior calendar year. The accumulated vacation balance will be reduced accordingly. c. Add Article 2.24 “Post Employment Health Plan” as follows: ACE represented Employees may participate in an Insurance Premium Reimbursement Account (“106 Plan”) Post Employment Health Plan (“PEHP”), subject to the terms of the PEHP document, to be solely funded with mandatory Eligible Employee contributions as specifically identified by the bargaining unit and approved by the Director of Human Resources, which is currently as follows: Employees not wishing to participate in the PEHP may sell back up to 100% of vacation and Compensatory Time Off (CTO) balances the last full pay period of employment prior to retirement. No City funds shall be used to maintain or fund this plan. Employees are fully responsible for meeting all funding requirements. Employees are further solely responsible for any and all tax consequences related to the 106/PEHP plan.” d. Except as expressly provided herein, all other terms and conditions of the 2021-2024 MOU shall otherwise remain in full force and effect. 2022/06/14 City Council Post Agenda Page 392 of 636 FOR THE CITY OF CHULA VISTA: FOR ASSOCIATION OF CHULA VISTA EMPLOYEES: _______________________________ _______________________________ Courtney Chase Nicole Hobson Director of Human Resources /Risk Management President DATE: ______________ DATE: ______________ 2022/06/14 City Council Post Agenda Page 393 of 636 FIRST AMENDMENT TO THE MOU BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA MID MANAGERS/PROFESSIONAL ASSOCIATION (MM/PROF), SEIU LOCAL 221, CLC, CTW COVERING THE PERIOD OF FEBRUARY 8, 2022, TO DECEMBER 31, 2024, REGARDING THE ADDITION OF JUNETEENTH, A POST EMPLOYMENT HEALTH PLAN (“PEHP”), AND VACATION CASH OUT WHEREAS, the City of Chula Vista (“City”) and the Chula Vista Mid Managers/ Professional Association (“MM/PROF”), SEIU Local 221, CLC, CTW entered into a memorandum of understanding (“2022-2024 MOU”) covering the period of February 8, 2022, to December 31, 2024, regarding wages, hours, and other terms and conditions of employment, within the meaning of the Meyers-Milias-Brown Act (“MMBA”); and WHEREAS, City and MM/PROF, after meeting and conferring in good faith pursuant to the MMBA, desire to enter into this First Amendment to the 2022-2024 MOU regarding the addition of Juneteenth, a Post Employment Health Plan (“PEHP”), and vacation cash out. NOW, THEREFORE, the City and MM/PROF agree as to amend the 2022-2024 MOU follows: a. Amend Article 3.05 Holidays to add “Juneteenth” as a hard holiday. b. Amend Article 3.02 Vacation (II)(A)(7) Vacation Sell Back to read: Vacation Sell Back – All members of represented classifications who have completed at least five (5) years of service shall have the option of selling a total of 104 hours of accrued vacation back to the City four times each calendar year in minimum 26 hour increments. The cash out may not be made until the hours have been accrued in the Calendar year. Elections for annual cash out must be made by December 1 of the prior calendar year. The accumulated vacation balance will be reduced accordingly. c. Amend Article 2.13 “Post Employment Health Plan” as follows: MM/PR represented Employees may participate in an Insurance Premium Reimbursement Account (“106 Plan”) Post Employment Health Plan (“PEHP”), subject to the terms of the PEHP document, to be solely funded with mandatory Eligible Employee contributions as specifically identified by the bargaining unit and approved by the Director of Human Resources, which is currently as follows: Employees wishing to participate in the PEHP may sell back up to 100% of vacation balances the last full pay period of employment prior to retirement. No City funds shall be used to maintain or fund this plan. Employees are fully responsible for meeting all funding requirements. Employees are further solely responsible for any and all tax consequences related to the 106/PEHP plan.” d. Except as expressly provided herein, all other terms and conditions of the 2022-2024 MOU shall otherwise remain in full force and effect. 2022/06/14 City Council Post Agenda Page 394 of 636 FOR THE CITY OF CHULA VISTA: FOR CHULA VISTA MID MANAGERS/PROFESSIONAL ASSOCIATION (MM/PROF), SEIU LOCAL 221, CLC, CTW: _______________________________ _______________________________ Courtney Chase Frank Rivera Director of Human Resources Chapter Vice President DATE: ______________ DATE: ______________ 2022/06/14 City Council Post Agenda Page 395 of 636 FIRST AMENDMENT TO THE MOU BETWEEN THE CITY OF CHULA VISTA AND THE NON-SAFETY LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (“LOCAL 2180”) COVERING THE PERIOD OF DECEMBER 14, 2021, TO JUNE 30, 2023, REGARDING THE ADDITION OF JUNETEENTH, A POST EMPLOYMENT HEALTH PLAN (“PEHP”), AND VACATION AND SICK LEAVE CASH OUT WHEREAS, the City of Chula Vista (“City”) and the Non-Safety Local 2180 International Association of Fire Fighters (“Local 2180”) entered into a memorandum of understanding (“2021-2023 MOU”) covering the period of December 14, 2021, to June 30, 2023, regarding wages, hours, and other terms and conditions of employment, within the meaning of the Meyers-Milias-Brown Act (“MMBA”); and WHEREAS, the City and Local 2180, after meeting and conferring in good faith pursuant to the MMBA, desire to enter into this First Amendment to the 2021-2023 MOU regarding the addition of Juneteenth, a Post Employment Health Plan (“PEHP”), and vacation and sick leave cash out. NOW, THEREFORE, the City and Local 2180 agree as to amend the 2021-2023 MOU follows: a. Amend Article 3.05 Holidays (I)(A) to add “Juneteenth” as a hard holiday. The article will now read: Employees assigned 24-hour shift will receive one hundred forty (140) hours holiday pay at straight time each fiscal year. Holiday pay shall consist of approximately 5.3846 hours per pay period for each employee in the bargaining unit. b. Amend Article 3.02 Vacation (II)(A)(6) Vacation Leave Sell Back to read: Vacation Leave Sell Back – All members of represented classifications who have completed at least five (5) years of City service shall have the option of selling 56 hours of accrued vacation back to the City one time each calendar year. The accumulated vacation balance will be reduced accordingly. The cash out may not be made until the hours have been accrued in the Calendar year. Payment of vacation leave hours will be made the first payday of any month provided that the Finance Department has received ten (10) working days advance notice of the request prior to payday. Elections for annual cash out must be made by December 1 of the prior calendar year. c. Amend Article 3.03 Sick Leave as follows: a. (G)(1) Employees shall have the option of converting 25% of their accumulated unused sick leave for the calendar year to pay. In calculating the number of hours that could be converted to pay, all computations shall be rounded to the nearest whole hour. Elections for annual cash out must be made by December 1 of the prior calendar year. 2022/06/14 City Council Post Agenda Page 396 of 636 b. (G)(3) Payment for sick leave will be made on the final paycheck of the calendar year. Pay will be computed based on the employee’s base salary rate on December 1st. d. Amend to add Article 2.15 “Post Employment Health Plan” as follows: Local 2180 represented Employees may participate in an Insurance Premium Reimbursement Account (“106 Plan”) Post Employment Health Plan (“PEHP”), subject to the terms of the PEHP document, to be solely funded with mandatory Eligible Employee contributions as specifically identified by the bargaining unit and approved by the Director of Human Resources, which is currently as follows: Employees not wishing to participate in the PEHP may sell back up to 100% of vacation and Compensatory Time Off (CTO) balances the last full pay period of employment preceding your last day on payroll prior to retirement. No City funds shall be used to maintain or fund this plan. Employees are fully responsible for meeting all funding requirements. Employees are further solely responsible for any and all tax consequences related to the 106/PEHP plan.” d. Except as expressly provided herein, all other terms and conditions of the 2021-2023 MOU shall otherwise remain in full force and effect. FOR THE CITY OF CHULA VISTA: FOR NON-SAFETY INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (LOCAL 2180) _______________________________ _______________________________ Courtney Chase Darrell Roberts Director of Human Resources / President Risk Management DATE: ______________ DATE: ______________ 2022/06/14 City Council Post Agenda Page 397 of 636 FIRST AMENDMENT TO THE MOU BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER’S ASSOCIATION (“POA”) COVERING THE PERIOD OF MAY 4, 2021, TO JUNE 30, 2024, REGARDING THE ADDITION OF JUNETEENTH AND VACATION AND SICK LEAVE CASH OUT WHEREAS, the City of Chula Vista (“City”) and the Chula Vista Police Officer’s Association (“POA”) entered into a memorandum of understanding (“2021-2024 MOU”) covering the period of May 4, 2021, to June 30, 2024, regarding wages, hours, and other terms and conditions of employment, within the meaning of the Meyers-Milias-Brown Act (“MMBA”); and WHEREAS, the City and POA, after meeting and conferring in good faith pursuant to the MMBA, desire to enter into this First Amendment to the 2021-2024 MOU regarding the addition of Juneteenth and vacation and sick leave cash out. NOW, THEREFORE, the City and POA agree to amend the 2021-2024 MOU as follows: a. Amend Article 3.06 Holidays to add “Juneteenth” as a hard holiday. b. Amend Article 3.03 Vacation Time (Vacation (II)(A)(5) Vacation sell-back to read: Vacation sell-back – All members of represented classifications earning three weeks or more vacation annually will have the option of selling forty (40) hours of said vacation back to the City each calendar year. Payment of vacation hours will be made the first payday of each month provided that the Finance Department has received ten working days advance notice of the request prior to the payday. The cash out may not be made until the hours have been accrued in the calendar year. Elections for annual cash out must be made by December 1 of the prior calendar year. The accumulated vacation balance will be reduced accordingly. c. Amend Article 3.04 Sick Leave (F)(1) Sick Leave Reimbursement to read: (a) Employees using thirty-two hours (32) or less of sick leave during the calendar year shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave to pay. Elections for annual cash out must be made by December 1 of the prior calendar year. (d) Payment will be made on the final paycheck of the calendar year. Pay will be computed based on the employee’s salary step on December 1 and will only be calculated for employees who have been on the payroll for one full year at the time calculations are made. 2022/06/14 City Council Post Agenda Page 398 of 636 (e) Permanent employees covered by this paragraph (F)(1) who retire during the calendar year will be compensated under this plan based on their formal retirement date. Prorated payment will also be made to an employee who terminates during the calendar year. In the event of the death of an individual while employed by the City, 50% of the employee’s unused, accumulated sick leave will be paid to the appropriate beneficiary. d. Except as expressly provided herein, all other terms and conditions of the 2021-2024 MOU shall otherwise remain in full force and effect. FOR THE CITY OF CHULA VISTA: FOR CHULA VISTA POLICE OFFICER’S ASSOCIATION: _______________________________ _______________________________ Courtney Chase David Oyos Director of Human Resources / President Risk Management DATE: ______________ DATE: ______________ 2022/06/14 City Council Post Agenda Page 399 of 636 FIRST AMENDMENT TO THE MOU BETWEEN THE CITY OF CHULA VISTA AND THE WESTERN COUNCIL OF ENGINEERS (“WCE”) COVERING THE PERIOD OF DECEMBER 14, 2021, TO DECEMBER 31, 2024, REGARDING THE ADDITION OF JUNETEENTH, A POST EMPLOYMENT HEALTH PLAN (“PEHP”), AND VACATION CASH OUT WHEREAS, the City of Chula Vista (“City”) and the Western Council of Engineers (“WCE”) entered into a memorandum of understanding (“2021-2024 MOU”) covering the period of December 14, 2021, to December 31, 2024, regarding wages, hours, and other terms and conditions of employment, within the meaning of the Meyers-Milias-Brown Act (“MMBA”); and WHEREAS, City and WCE, after meeting and conferring in good faith pursuant to the MMBA, desire to enter into this First Amendment to the 2021-2024 MOU regarding the addition of Juneteenth, a Post Employment Health Plan (“PEHP”), and vacation cash out. NOW, THEREFORE, the City and WCE agree as to amend the 2021-2024 MOU follows: a. Amend Article 3.05 Holidays to add “Juneteenth” as a hard holiday. b. Amend Article 3.02 (vacation (II)(A)(8) Vacation sell back to read: Vacation sell back – All members of represented classifications who have completed at least five (5) years of service shall have the option of selling 80 hours of accrued vacation back to the City in 20-hour increments each calendar year. The cash out may not be made until the hours have been accrued in the Calendar year. Elections for annual cash out must be made by December 1 of the prior calendar year. The accumulated vacation balance will be reduced accordingly. c. Amend to add Article 2.16 “Post Employment Health Plan” as follows: WCE represented Employees may participate in an Insurance Premium Reimbursement Account (“106 Plan”) Post Employment Health Plan (“PEHP”), subject to the terms of the PEHP document, to be solely funded with mandatory Eligible Employee contributions as specifically identified by the bargaining unit and approved by the Director of Human Resources, which is currently as follows: Employees not wishing to participate in the PEHP may sell back up to 100% of vacation and Compensatory Time Off (CTO) balances the last full pay period of employment prior to retirement. No City funds shall be used to maintain or fund this plan. Employees are fully responsible for meeting all funding requirements. Employees are further solely responsible for any and all tax consequences related to the 106/PEHP plan.” d. Except as expressly provided herein, all other terms and conditions of the 2021-2024 MOU shall otherwise remain in full force and effect. 2022/06/14 City Council Post Agenda Page 400 of 636 FOR THE CITY OF CHULA VISTA: FOR WESTERN COUNCIL OF ENGINEERS: _______________________________ _______________________________ Courtney Chase Chester Bautista Director of Human Resources /Risk Management President DATE: ______________ DATE: ______________ 2022/06/14 City Council Post Agenda Page 401 of 636 2022/06/14 City Council Post Agenda Page 402 of 636 2022/06/14 City Council Post Agenda Page 403 of 636 2022/06/14 City Council Post Agenda Page 404 of 636 2022/06/14 City Council Post Agenda Page 405 of 636 Written Comm itnieat Item # Named RESIDENTIAL LANDLORD AND TENANT ORDINANCE ANALYSIS V4 06/07/22 Page 1 of 46 2022/06/14 City Council Post Agenda Page 406 of 636 RESIDENTIAL LANDLORD AND TENANT ORDINANCE ANALYSIS V4 06/07/22 The Purpose: To assist City Staff & Counsel to make educated decisions when considering passing a "Residential Landlord and Tenant Ordinance". As I attended the 05/17/22 City Council meeting, I was greatly moved by those who are struggling to cope with our community's every rising rents. Being a Chula Vista landlord for over fifty years I hoped there was something I could do to help alleviate this situation. This is an attempt to use my limited expertise to assist city staff & city council to prepare an ordinance which would reduce pressure on landlords to increase rent. Comments of the proposed ordinance fall into the following four categories: Reduces Pressure on Landlord to Increase Rent. Has Little or No Influence on Landlords to Increase Rent. Places Substantial Pressure on Landlords to Increase Rent. Devastates Landlord's ability to charge affordable rents. ANABSOL UTE NO GO! Also taken into account is one irrefutable fact that all rental properties must provide a positive cash flow, or at the very least break even. Analysis is in Bold Italics. Thank You 9O6E011, 79 q/"O Page 2 of 46 2022/06/14 City Council Post Agenda Page 407 of 636 RESIDENTIAL LANDLORD AND TENANT ORDINANCE ANALYSIS Item 7.2 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 9.65 TO THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH RESIDENTIAL LANDLORD AND TENANT PROVISIONS WHEREAS, prior to the COVID-19 pandemic, there existed a lack of affordable housing the State of California, including San Diego County in (https://www.gov.ca.gov/2019/03/11/governor-newsom-announces- legislative-proposals-to- confront -the -housing -cost -crisis/) and which continues to exist to this day; and WHEREAS, over 42% of the housing stock in the City of Chula Vista is rental housing and 44% of all Chula Vista renters pay more than 50% of their income towards housing costs (2011-2015 CHAS); and WHEREAS, 47% of Chula Vista's households are of lower income and earn 80% of the Area Median Income or less ($68,000 annual income for a family of four) and 46% of these households pay more than 50% of their income towards housing costs as renters and homeowners 2011-2015 CHAS); and WHEREAS, the City's COVID-19 Emergency Rental Assistance Program ("ERAP") via SBCS has received 7,339 ERAP applications, of which 6,189 were processed, through April 21, 2022; and WHEREAS, Chula Vista residents, particularly those within low wage and service industries, have suffered loss or limited work opportunities Page 3 of 46 2022/06/14 City Council Post Agenda Page 408 of 636 and are experiencing unexpected loss of income. These households are at risk of maintaining housing and falling into homelessness; and WHEREAS, given existing income levels of Chula Vista residents and prior to thetheexistinghighcostofhousinginSanDiegoCountyp COVID-19 pandemic, any further reductions in income and increased housing costs would exacerbate existing housing affordability issues— indeed a recent report shows that Chula Vista rents increased by 16% over the last year (https://www.cbs8.com/article/news/investigations/ your-stories-8/skyrocketing-rent-hikes- across-san-d ngo-new-report- ON shows/509-ee7f4ae5-c360-4ea7-bb59-55c4cb5f86d7), and 1 WHEREAS, further economic impacts are anticipated (including high 0% inflation, increased food and transportation costs, rising rents, and higher mortgage rates) leaving tenants vulnerable to eviction; and 04 r4 WHEREAS, it in the interest of protecting the public health and welfare, tialto 00% the City Council of the City of Chula Vista findstectthe that t essential City's affordable 01% avoid unnecessary housing displacement, to p housing stock, and to prevent housed individuals from falling into Law homelessness; and WHEREAS, in August 2020, the California legislature adopt eto the state residential eviction protections for tenants biono rent protections (the state COVID-19 pandemic and preemptedextended to local evictoresidentialtenanciesthrough eviction protections were ex March 31, 2022); and WHEREAS, displacement of residential tenants caused by eviction to followcreatesunduehardshiponthesetenantsbymakingitdifficult public health orders and guidance of social distancing and isolation, and puts them at risk of homelessness due to the City's documented shortage of affordable housing; and Page 4 of 46 2022/06/14 City Council Post Agenda Page 409 of 636 WA WHEREAS, through "no-fault" evictions, tenants can be evicted and displaced from their homes despite satisfying monthly rental obligations and acting in good faith to comply with the terms of their lease; and WHEREAS, a tenant's sudden and immediate displacement caused by a no-fault" eviction can have a profound impact on the financial, emotional, and professional stability of a tenant's life, which impacts are compounded by the ongoing COVID-19 pandemic; and WHEREAS, the Covid-19 Pandemic continues to impact our communities and evictions have been associated with higher COVID-19 transmission and mortality through overcrowded living environments, transiency, reduced access to healthcare, and challenges to comply with mitigation strategies; and WHEREAS, the Council finds that adopting this Ordinance is necessary and appropriate to address the threats to the public health, safety, and welfare of its citizens to ensure residents continue to have stable shelter and to protect residents from avoidable homelessness; and WHEREAS, this Ordinance further limits the permissible reasons for termination of a residential tenancy and provides additional tenant protections. City Council hereby declares and finds that that this Ordinance more protective than the State Tenant Protection Act of 2019 AB 1482) and that this Ordinance shall apply rather than the Act. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 9.65 of the Chula Vista Municipal Code is added as follows: Page 5 of 46 2022/06/14 City Council Post Agenda Page 410 of 636 Chapter 9.65 RESIDENTIAL LANDLORD AND TENANT ORDINANCE Sections: 9.65.010 Title. 9.65.020 Findings and Purpose. 9.65.030 Definitions 9.65.040 Termination of Long Term Tenancies Prohibited Without Just Cause. 9.65.050 Requirements Upon Termination of a Long Term Tenancy for No Fault Just Cause, including Occupation by Owner or Family Member or Government or Court Order. 9.65.060 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market. 9.65.070 Requirements Upon Complete Demolition of a Residential Rental Unit in a Residential Rental Complex. 9.65.080 Requirements Upon Remodel or Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex. 9.65.090 Tenant Harassment/Retaliation Prohibited. 9.65.100 Enforcement and Remedies. 9.65.110 Limitations on Application. Page 6 of 46 2022/06/14 City Council Post Agenda Page 411 of 636 CHAPTER 9.65 9.65.010 Title. This chapter shall be known as the Chula Tenant Ordinance and may be referred Landlord and Tenant Ordinance. 9.65.020 Findings and Purpose. Vista Residential Landlord and to herein as the Residential A. Subject to the provisions of applicable law, the purpose of the Residential Landlord and Tenant Ordinance is to require just cause for termination of residential tenancies consistent with Civil Code section 1946.2, to further limit the reasons for termination of a residential tenancy, to require greater tenant relocation assistance in specified circumstances, and to provide additional protections. B. In accordance with California Civil Code Section 1946.2(g)(1)(B), the City Council finds that the provisions of this chapter regulating just cause terminations of tenancies are more protective than California Civil Code Section 1946.2 for the following reasons: 1. The just cause for termination of a residential tenancy under this chapter is consistent with California Civil Code Section 1946.2. 2. This chapter provides additional tenant protections that are not prohibited by any other provisions of applicable law. C.This chapter shall not apply to the types of residential tenancies or circumstances specified in section 9.65.100. 9.65.030 Definitions. Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings set forth herein: Page 7 of 46 2022/06/14 City Council Post Agenda Page 412 of 636 A. `BadFaith"means an intent to vex, annoy, harass, provoke or injure another person. This includes the intent of an Owner to induce a Tenant to vacate a Residential Rental Unit through unlawful conduct. B. "City" means the City of Chula Vista. C. "Disabled" means an individual with a disability, as defined in California Government Code Section 12955.3. D. "Elderly" means an individual sixty-two (62) years old or older. E. "Family Member" means the spouse, domestic partner, children, grandchildren, parents or grandparents of the residential unit Owner. F. "Housing Service" means repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, pest control services, access to exterior doors, entry systems, and gates, utilities that are paid by the Owner, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, the right to have pets, and any other benefit, privilege or facility connected with the use or occupancy of any Residential Rental Unit. Housing Services to a Residential Rental Unit shall include a proportionate part of services provided to common facilities of the building in which the Residential Rental Unit is contained. G. "Long Term Tenancy" means the continuous and lawful occupation of a Residential Rental Unit for 12 months or more by a Tenant. H. "Owner" means any Person, acting as principal or through an agent, having the right to offer a Residential Rental Unit for rent, and includes a predecessor in interest to the owner. Page 8 of 46 2022/06/14 City Council Post Agenda Page 413 of 636 I. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. J. "Residential Rental Complex" means one or more buildings, located on a single lot, contiguous lots, or lots separated only by a street or alley, containing three or more Residential Rental Units rented or owned by the same Owner. K. "Residential Rental Unit" means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobile home park that is not a Mobile home Residency Law ("MRL") Tenancy defined by Civil Code Section 798.12 (or a tenancy governed by the MRL). L. "Substantial Remodel" means, for a Residential Rental Unit, all the following criteria are met: (1) any structural, electrical, plumbing, or mechanical system is being replaced or substantially modified; (2) the cost of the improvements (excluding insurance proceeds, land costs, and architectural/engineering fees) is equal to or greater than $40 per square foot of the Residential Rental Unit; (3) a permit is required from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos is required in accordance with applicable federal, state, and local laws and cannot be reasonably accomplished in a safe manner with the Tenant in place; and (4) it is necessary for the Residential Rental Unit to be vacant for more than sixty (60) days. Cosmetic improvements alone, including painting, decorating, flooring replacement, counter replacement, and minor repairs, or other work that can be performed safely without having the Residential Rental Unit vacated, do not qualify as replacement or Substantial Remodel. Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! The definition of "Substantial Remodel" is completely flawed. "Substantial Remodel" definition should read: Page 9 of 46 2022/06/14 City Council Post Agenda Page 414 of 636 Any improvement which cannot be safely completed without tenant vacating the premises. " Painting, flooring replacement, counter replacement, ARE substantial improvements. As you know, many residential units in west Chula Vista are old and in dire need of repairs. As time passes many Mom & Pop landlords may find it necessary to (in this order) remove all interior doors, remove all window covering, remove all baseboard and trim, completely texture ceiling & walls, paint entire unit, paint & hang new doors, remove all floor covering, install new floor covering, install new baseboard & trim, and install new window covering. In order to reduce costs and hold down rents. many Mom & Pop landlords undertake such remodeling projects themselves and therefore keep costs well under the $40.00 per square foot threshold. I have personally oversaw and completed ten remodels in the past three years of which only two required building permits and/or took in excess two months complete. None of the improvements supervised by me could have been safely completed without the tenants vacating the premisses. Adoption of the proposed definition of "Substantial Remodel" basically prohibits landlords from improving properties and possibly contributes to the creation of neighborhood slums. M. "Tenancy" means the lawful occupation of a Residential Rental Unit and includes a lease or sublease. N. "Tenant" means a tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled by written or oral agreement to the use or occupancy of any Residential Rental Unit. 9.65.040 Termination of Long Term Tenancies Prohibited Without Just Cause A. Prohibition. An Owner of the Residential Rental Unit shall not terminate a Long Term Tenancy without just cause, which shall be stated in the written notice to terminate said Tenancy. Page 10 of 46 2022/06/14 City Council Post Agenda Page 415 of 636 B. Just Cause Circumstances. "Just cause" for purposes of 9.65.040(A) above includes either at -fault just cause or no-fault just cause as follows: 1. "At -fault just cause" is any of the following: a. Default in payment of rent. b. A breach of material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. c. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. d. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. e. The Tenant had a written lease that terminated on or after the effective date of this chapter, or July 1, 2022, if the lease is for a Tenancy in a mobile home, and after a written request or demand from the Owner, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. Analysis: Has Little or No Influence on Landlords to Increase Rent. ???? Have read and reread "e" above several times and it is still unclear. Does this clause pertain to only Mobil Homes? Does this clause mean that after a lease is "Up" the tenant has the option to automatically renew the lease over and over forever? If that is the case, what is the purpose of a lease? Generally the purpose of a lease is to allow the tenant and/or landlord make long term plans... LE tenant has a stable place of residence for the duration of the lease and the landlord is afforded the opportunity to make long term plans after Page 11 of 46 2022/06/14 City Council Post Agenda Page 416 of 636 the lease is "Up". In any event this clause has Little or No Influence on Landlords to Increase Rent because the landlord has to simply adjust the rent accordingly to fund future expenses incurred by other clauses of this ordinance. i f. Criminal activity by the Tenant at the Residential Rental Unit, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the property where the Residential Rental Unit is located, that is directed at any Owner, any agent of the Owner, or any other Tenant of the Residential Rental Unit or of the property where the Residential Rental Unit is located. g. Assigning or subletting the premises in violation of the Tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. h. The Tenant's refusal to allow the Owner to enter the Residential Rental Unit as authorized by Sections 1101.5 and 1954 of the Code of Civil Procedure, and Sections 13113.7 and 17926.1 of the Health and Safety Code. i. Using the premises for an unlawful purpose as described in paragraph 4) of Section 1161 of the Code of Civil Procedure. A Tenant shall not be considered to have used the premises for an unlawful purpose solely on the basis of the fact that the Owner's Residential Rental Unit is unpermitted, illegal, or otherwise unauthorized under applicable laws. j. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. k. When the Tenant fails to deliver possession of the Residential Rental Unit after providing the Owner written notice as provide in Section 1946 of the Civil Code of the Tenant's intention to terminate the hiring of the real property or makes a written offer to surrender that is accepted in Page 12 of 46 2022/06/14 City Council Post Agenda Page 417 of 636 writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. 2. "No-fault just cause" is any of the following: a. Termination of Tenancy because of intent to occupy the Residential Rental Unit by the Owner or their spouse, domestic partner, children, grandchildren, parents or grandparents (collectively referred to as Family Member). In such cases, the requirements of section 9.65.050 shall apply. Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! because clause 9.65.050 is very poorly written as outlined below. The Clause "The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to housing email address];" reads suspiciously like a "Got ya clause' Very few Mom & Pop landlords can keep a record for years that they have sent the required E-mail. Any city employee enforcing this clause may simply allow time to elapse and therefore fine a landlord tens or hundreds of thousands of dollars as allowed in The combination effect of clause 9.65.100 D 2 "Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) or imprisonment for not more than six months, " clause 9.65.100 D 3 Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5, 000 per violation per day. The burden of proof in such cases shall be preponderance of the evidence., clause 9.65.100 B "Each day that a violation continues is deemed to be a new and separate offense. ", and clause 9.65. 100 D 4 "it is not required that a warning or notice to cure must first be given" prohibits anyone ever attempting to be a Landlord in Chula Vsta. In fact a landlord may make an honest attempt to be in complete compliance of all aspects this ordinance but may lose their entire life Page 13 of 46 2022/06/14 City Council Post Agenda Page 418 of 636 rove an E-mail has been sent. savings because of their inability top city staff f in The tenant has every opportunity to inform i a landlor Man violation o City Codes. Those violation can then be addressed. se such members may say that there is no intentionto u clausesStaff draconian measures, if that is the case the simple65.100 D 4 would greatly9.65. 100 D 29 9.65. 100 D 31 9.65.100 B, and 9. assist Landlords to hold the line on rents. r A 1. For leases entered into after the effective date of this chapteer, or 1, 2022 if the lease is for a Tenancy in a ust cause i the tenant 9.65.040B(2)(a) shall only constitute no-fault agreesin writing, tif a provision of the lease al o the termination, or to terminate the lease if the Owner, or their allows the Owner spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterallylaterall decides to occupy the Residential Rental Unit. Analysts: Places Substantial Pressure on Landlords to Increase Rent. a shall only constitute n As I read the above (Section 9.65.040E w(itin , to the termination...) fault just cause if the tenant agrees, i g means that a Landlord must get permission from the tenant to have his family move into a rental unit. Obviously a landlord h p n order fundfy home for his children must substee a v ctioln increase process. Back in the early future expenses incurred in opportunity e . to purchase a home next 1970's I was blessed withto provide elder door to my parents. This afforded me theopportunity personally built an ADU care until the day they passed. I havep GyTann Flat) behind my home in the event I find myself d the would be same situation some day. As I read this clause, it seems a landlo occupy that front completely prohibited from having his children house of an ADU unless permission is granted by a tenant. lease as ii. Addition of a provision allowing the Owner to terminate ed rental agreement or fixed -term lease c described in Section 9.65.404(Bo2a to a new or renewnstitutesasimilarprovisionfor the purposes of Section 9.65.040(B)(1)(e). Page 14 of 46 2022/06/14 City Council Post Agenda Page 419 of 636 b. Termination of tenancy because of Owner complying with any of the following: i. An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Rental Unit. ii. An order issued by a government agency or court to vacate the Residential Rental Unit. iii. A local ordinance that necessitates vacating the Residential Rental Unit. If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under this subsection, the Tenant shall not be entitled to relocation assistance as set forth in this chapter. In such cases, where compliance with the above government or court order is required, section 9.65.050 shall apply. c. Termination of Tenancy because of intent to withdraw the Residential Rental Unit from the rental market. In such case, the requirements of section 9.65.060 apply. Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! as previously stated, clause 9.65.060 is very poorly written as outlined below. The Clause "The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to housing email address]; " reads suspiciously like a "Got ya clause' Very few Mom & Pop landlords can keep a record for years that they have sent the required E-mail. Any city employee enforcing this clause may simply allow time to elapse and therefore fine a landlord tens or hundreds of thousands of dollars as allowed in The combination effect Page 15 of 46 2022/06/14 City Council Post Agenda Page 420 of 636 of clause 9.65.100 D 2 "Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1, 000) or imprisonment for not more than six months, " clause 9.65.100 D 3 Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5, 000 per violation per day. The burden of proof in such cases shall be preponderance of the evidence., clause 9.65.100 B "Each day that a violation continues is deemed to be a new and separate offense. ", and clause 9.65. 100 D 4 "it is not required that a warning or notice to cure must first be given" prohibits anyone ever attempting to be a Landlord in Chula Vsta. In fact a landlord may make an honest attempt to be in complete compliance of all aspects this ordinance but may lose their entire life savings because of their inability to prove an E-mail has been sent. A simple solution is eliminate this requirement for the Landlord to E- mail the city. The tenant has every opportunity to inform city staff if a landlord is in violation of City Codes. Those violation can then be addressed. Many Staff members may say that there is no intention to use such draconian measures, if that is the case simply eliminate this clause. d. Termination of Tenancy because of intent to completely demolish the Residential Rental Unit to the ground, including removal of the foundation supporting the Residential Rental Unit. In such case, the requirements of section 9.65.070 apply. Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! Clause 9.65.070 is very poorly written as outlined below. e. Termination of Tenancy because of intent to Substantially Remodel the Residential Rental Unit. In such case, the requirements of section 9.65.080 apply. Page 16 of 46 2022/06/14 City Council Post Agenda Page 421 of 636 C. Notice of Tenant Protection Provisions. An Owner of a Residential Rental Unit subject to this chapter shall provide written notice in no less than 12 -point type to the Tenant as follows: California law limits the amount your rent can be increased. See Civil Code section 1947.12 for more information. Local law also provides that once a tenant has continually and lawfully occupied a rental unit for 12 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. In some circumstances, tenants who are elderly (62 years or older) or disabled may be entitled to additional tenant protections. See Chula Vista Municipal Code chapter 9.65 for more information. " For a Tenancy in a Residential Rental Unit subject to this chapter existing before the effective date of such, the notice required above shall be provided to the Tenant no later than 30 days after the effective date of this chapter, or as an addendum to the lease or rental agreement. For a Tenancy in a Residential Rental Unit subject to this chapter commenced or renewed on or after the effective date of this chapter, the notice required above shall be included as an addendum to the lease or rental agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant. The provision of this notice shall be subject to Civil Code section 1632. A Notice and Opportunity to Cure Lease Violation. Before an Owner of a Residential Rental Unit issues a notice to terminate a Long Term Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to Code of Civil Procedure section 1161(3). If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy. Page 17 of 46 2022/06/14 City Council Post Agenda Page 422 of 636 e 9.65.050 Requirements Upon Termination of a Long Term Tenancy for No Fault Just Cause, Including Occupation by Owner or Family Member or Government or Court Order A. When an Owner terminates a Long Term Tenancy for no-fault just cause, as specified in 9.65.040(B)(2) above, the Owner shall provide notice and relocation assistance to the Tenant(s) as follows: 1. For no-fault just cause terminations based on 9.65.040(B)(2)(a) Occupation by Owner or Family Member] and (b) [Government or Court Order] : a. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of: i. The basis of the no-fault just cause termination at least sixty (60) days prior to the termination of the Tenancy. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to [housing email address]; and Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! The Clause "The Owner; on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to housing email address]; " reads suspiciously like a "Got ya clause' Very few Mom & Pop landlords can keep a record for years that they have sent the required E-mail. Any city employee enforcing this clause may simply allow time to elapse and therefore fine a landlord tens or hundreds of thousands of dollars as allowed in The combination effect of clause 9.65.100 D 2 "Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) or imprisonment for not more than six months, " clause 9.65.100 D 3 Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5, 000 per violation per Page 18 of 46 2022/06/14 City Council Post Agenda Page 423 of 636 day. The burden of proof in such cases shall bepreponderance of the evidence., clause 9.65.100 B "Each day that a violation continues is deemed to be a new and separate offense. ", and clause 9.65. 100 D 4 "it is not required that a warning or notice to cure must first be given" prohibits anyone ever attempting to be a Landlord in Chula Vista. In fact a landlord may make an honest attempt to be in complete compliance of all aspects this ordinance but may lose their entire life savings because of their inability to prove an E-mail has been sent. A simple solution is eliminate this requirement for the Landlord to E- mail the city. The tenant has every opportunity to inform city staff if a landlord is in violation of City Codes. Those violation can then be addressed. Many Staff members may say that there is no intention to use such draconian measures, if that is the case simply eliminate this clause. ii. The Tenant's right to relocation assistance or rent waver pursuant to this section. If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice. b. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate: i. Provide a direct payment to the Tenant in an amount equal to one (1) month of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, as identified at [website link]; or ii. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above, prior to the rent becoming due. Page 19 of 46 2022/06/14 City Council Post Agenda Page 424 of 636 Analysis: Has Little or No Influence on Landlords to Increase Rent. Surprisingly, providing relocation assistance has little or no effect on rents as one would imagine. "Mom & Pop" Landlords experience 04 numerous expenses maintaining properties (Property Taxes, 0 Maintenance, Utilities, Mortgage Payments, Insurance, Etc). Obviously Landlords must maintain a positive cash flow. Relocation Assistance is merely another expense which will be passed on a future tenants, hopefully over an extended period of time. 44 2. For no-fault just cause terminations based on 9.65.040(B)(2)(c) 94 [Withdrawal from the Rental Market], (d) [Complete Demolition] and 04 (e) [Substantial Remodel] : 0 0 a. Notice. The Owner shall provide the Tenant written notice, in no less 0 than 12 -point font, of : i. The basis of the no-fault just cause termination at least sixty (60) days prior to the termination of Tenancy. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to [housing email address]; and Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! for reasons stated in 9.65.050 above. ii. The Tenant's right to relocation assistance or rent waver pursuant to this section. If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice. b. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate: Page 20 of 46 2022/06/14 City Council Post Agenda Page 425 of 636 i. Provide a direct payment to the Tenant in an amount equal to one (1) month of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, as identified at [website link]; or ii. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above, prior to the rent becoming due. Analysis • Has Little or No Influence on Landlords to Increase Rent. Surprisingly, providing relocation assistance has little or no effect on rents as one would imagine. "Mom & Pop" Landlords experience numerous expenses maintaining properties (Property Taxes, Maintenance, Utilities, Mortgage Payments, Insurance, Etc). Obviously Landlords must maintain a positive cash flow. Relocation Assistance is merely another expense which will be passed on a future tenants, hopefully over an extended period of time. c. The provisions of this subsection shall not apply to the termination of Tenancy of a Residential Rental Unit in a Residential Rental Complex; the provisions of 9.65.060 through 9.65.080 of this chapter shall apply. B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A) 1)(b)(i) or (A)(2)(b)(i) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. Analysis: Possibly Places Substantial Pressure on Landlords to Increase Rent. This clause is a little unclear. Does the portion of the clause which reads "the Owner shall make a single direct payment to all Tenants named on the rental agreement. " mean that Landlord must make single a direct payment to EACH person named on the lease. If that is the case, landlord might forced to substantially adjust rent to fund future reimbursements. Page 21 of 46 2022/06/14 City Council Post Agenda Page 426 of 636 C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. E. If the Tenant fails to vacate after the expiration of the notice to terminate the Long Term Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession. F. If the Residential Rental Unit is returned to rental market, and offered for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the termination pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant's desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. G. This section shall not apply to mobile home Tenants; the provisions of Chapter 9.40 of this Code shall apply. H. An Owner's failure to strictly comply with this section shall render the notice of termination void. 9.65.060 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market A. Pursuant to Section 7060.1(c) of the Government Code, when an Owner terminates a Long Term Tenancy based on the withdrawal from the rental market, as specified in 9.65.040(B)(2)(c) above, of a Residential Rental Unit in a Residential Rental Complex from the rental Page 22 of 46 2022/06/14 City Council Post Agenda Page 427 of 636 I No so so market, the Owner shall provide notice and relocation assistance to the Tenant as follows: 7 1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of- a. f a. The Owner's intent to terminate the tenancy based on a withdrawal of the Residential Rental Unit from the rental market. Such notice shall be provided to the Tenant at least sixty (60) days prior to withdrawal of the Residential Rental Unit from the rental market. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to the City via email; and Analysis: Sending an E-mail to the City Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! for reasons stated in 9.65.050 above. b. The Tenant's right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and c. The Tenant's right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty 30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed. Page 23 of 46 2022/06/14 City Council Post Agenda Page 428 of 636 2. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate: a. Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three (3) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above, prior to the rent becoming due. Analysis: Has Little or No Influence on Landlords to Increase Rent. Surprisingly, providing relocation assistance has little or no effect on rents as one would imagine. "Mom & Pop" Landlords experience numerous expenses maintaining properties (Property Taxes, Maintenance, Utilities, Mortgage Payments, Insurance, Etc). Obviously Landlords must maintain a positive cash flow. Relocation Assistance is merely another expense which will be passed on a future tenants, hopefully over an extended period of time. B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A) 2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. Page 24 of 46 2022/06/14 City Council Post Agenda Page 429 of 636 C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant. A Analysis: Has Little or No Influence on Landlords to Increase Rent. Surprisingly, providing relocation assistance has little or no effect on rents as one would imagine. As previously stated, Relocation Assistance is merely another expense which will be passed on a future tenants, hopefully over an extended period of time. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession. F. If the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, the Owner shall: 1. First offer the unit for rent or lease to the Tenant displaced from that unit by the withdrawal pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant's desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. If the Tenant wishes to accept the offer to renew the Tenancy, the Tenant shall notify the Owner in writing within thirty (30) days of the Owner's offer to renew the Tenancy. 2. Should the property be placed on the rental market again within the two (2) year period, then property owner shall be liable for six (6) month's rent to the last tenant of the Residential Rental Unit at the rental rate in place at the time the rental unit is re -rented as set forth U.S. Page 25 of 46 2022/06/14 City Council Post Agenda Page 430 of 636 Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental A Unit is located. Analysis: Places Substantial Pressure on Landlords to Increase Rent. If the landlord, thru no fault of his own, could possibly be forced to reintroduce a home to the rental market (we all remember the 2008 market crash), he must substantially adjust rent to fund future reimbursements. 3. This section F does not apply if the property is rented to owner's Family Members during the two year period, converted to another use, or otherwise sold. G. This section shall not apply to mobile home Tenants; the provisions of Chapter 9.40 of this Code shall apply. H. An Owner's failure to strictly comply with this section shall render the notice of termination void. 9.65.070 Requirements Upon Complete Demolition of a Residential Rental Property in a Residential Rental Complex When an Owner terminates a Long Term Tenancy based on the complete demolition, as specified in 9.65.040(B)(2)(d) above, of a Residential Rental Unit in a Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows: 1 Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of: a. The Owner's intent to terminate the tenancy based on a complete demolition of the Residential Rental Unit. Such notice shall be provided to the Tenant at least sixty (60) days prior to the complete demolition of the Residential Rental Unit. The Owner, at the same time it provides Page 26 of 46 2022/06/14 City Council Post Agenda Page 431 of 636 notice to the Tenant, shall also provide a copy of such notice to the City via email; and Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! for reasons stated in 9.65.050 above. b. The Tenant's right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and c. The Tenant's right to receive an offer to renew the Tenancy in the event that new units are constructed on the property within five (5) years, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty (30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that new units are constructed on the property; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed. 2. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate: a. Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three (3) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Page 27 of 46 2022/06/14 City Council Post Agenda Page 432 of 636 Unit is located when the Owner issued the notice to terminate the Tenancy; or b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above. prior to the rent becoming due. Analvsis: Places Substantial Pressure on Landlords to Increase Rent. As previously stated, providing relocation assistance normally has little or no effect on rents because a rent increase required to fund the Rental Assistance can be spread over an extended period of time. In the case of a complete demolition of property, even if a year were to pass from the serving of notice to the construction of a new rental, that is not sufficient time to recoup the relation assistance required without placing extreme pressure on Landlord to substantially increase rents B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A) 2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. Analysis: Possibly Places Substantial Pressure on Landlords to Increase Rent. As previously stated, this clause is a little unclear. Does the portion of the clause which reads "the Owner shall make a single direct payment to all Tenants named on the rental agreement. " mean that Landlord must make single a direct payment to EACH person named on the lease. If that is the case, landlord might forced to substantially adjust rent to fund future reimbursements. C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts due to the Tenant. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. Page 28 of 46 2022/06/14 City Council Post Agenda Page 433 of 636 E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession. F. If the Residential Rental Unit is demolished and new units are constructed on the same property, and offered for rent or lease for residential purposes within five years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the termination pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant's desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. G. This section shall not apply to mobile home Tenants; the provisions of Chapter 9.40 of this Code shall apply. H. An Owner's failure to strictly comply with this section shall render the notice of termination void. 9.65.080 Requirements Upon Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex A. When an Owner terminates a Long Term Tenancy based on the Substantial Remodel, as specified in 9.65.040(B)(2)(e) above, of a Residential Rental Unit in a Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows: 1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of: a. The Owner's intent to terminate the Tenancy based on a Substantial Remodel of the Residential Rental Unit. Such notice shall be provided to the Tenant at least sixty (60) days prior to conducting the Substantial Remodel. The Owner, at the same time it provides notice to the Tenant, shall also provide a copy of such notice to the City via email; and Page 29 of 46 2022/06/14 City Council Post Agenda Page 434 of 636 Analysis: Sending an E-mail to the City Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! for reasons stated in 9.65.050 above. A b. The Tenant's right to relocation assistance or rent waiver pursuant to A this section. If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and c. The Tenant's right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty (30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that a the Residential Rental Unit is offered again for rent or lease for i residential purposes; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed. 2. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate: a. Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three (3) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Page 30 of 46 2022/06/14 City Council Post Agenda Page 435 of 636 Unit is located when the Owner issued the notice to terminate theTenancy; or b. Waive in writing the payment of rent in an amount equivalent to thedirectpaymentspecifiedinsubsection (A)(2)(a) above prior to the rentbecomingdue. Surprisingly, providing relocation assistance has little or no effect onrentsasonewouldimagine. As previously stated, Relocation Assistance is merely another expense which will be passed on a future tenants, hopefully over an extended period of time. B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A) 2)(a) above, the Owner shall make a single direct payment to allTenantsnamedontherentalagreement. Analysis: Possibly Places Substantial Pressure on Landlords toIncreaseRent. As previously stated, this clause is a little unclear: Does the portion of the clause which reads "the Owner shall make a single direct payment to all Tenants named on the rental agreement. " mean that Landlord must make single a direct payment to EACH person named on the lease. If that is the case, landlord might forcedtosubstantiallyadjustrenttofundfuturereimbursements. C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts due to theTenant. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any otherlaw. E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or Page 31 of 46 2022/06/14 City Council Post Agenda Page 436 of 636 rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession. F. If the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated based on the intent to conduct a Substantial Remodel of the Residential Rental Unit, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the intent to conduct a Substantial Remodel pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant's desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. The Owner shall have the right to screen the Tenant using industry accepted methods for the new tenancy. Analysis: Possibly Places Substantial Pressure on Landlords to Increase Rent because I have read and reread AND REREAD this clause and I still don't understand it. G. This section shall not apply to mobile home Tenants; the provisions of Chapter 9.40 of this Code shall apply. H. An Owner's failure to strictly comply with this section shall render the notice of termination void. 9.65.090 Tenant Harassment/Retaliation Prohibited A. No Owner or such Owner's agent, contractor, subcontractor, or employee, alone or in concert with another, shall do any of the following in Bad Faith to harass or retaliate against a Tenant for exercising their rights under this chapter: 1. Interrupt, terminate, or fail to provide housing services required by contract, by State, County or City laws, or any health or safety laws; 2. Fail to perform repairs and maintenance required by contract or by State, County or City laws, or any health or safety laws; Page 32 of 46 2022/06/14 City Council Post Agenda Page 437 of 636 3. Fail to exercise due diligence in completing repairs and maintenance once undertaken; 4. Abuse the Owner's right of access into a Residential Rental Unit as that right is provided by law. This includes entries for "inspections" that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; 5. Abuse the Tenant with words which are offensive and inherently likely to provoke an immediate violent reaction; 6. Influence or attempt to influence a Tenant to vacate a rental housing unit through fraud, intimidation or coercion; 7. Threaten the Tenant, by word or gesture, with physical harm; 8. Violate any law that prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS, occupancy by a minor child, or any other protected classification; 9. Take action to terminate any Tenancy including service of notice to quit or other eviction notice or bring any action to recover possession of a Residential Rental Unit based upon facts that the Owner has no reasonable cause to believe to be true or upon a legal theory that is untenable under the facts known to the Owner. No Owner shall be liable under this section for bringing an action to recover possession unless or until the Tenant has obtained a favorable termination of that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a Tenant on behalf of an Owner to recover possession of a Residential Rental Unit; Page 33 of 46 2022/06/14 City Council Post Agenda Page 438 of 636 10. Interfere with a Tenant's right to quiet use and enjoyment of a Residential Rental Unit as that right is defined by California law; 11. Refuse to acknowledge receipt of a Tenant's lawful rent payment; 12. Interfere with a Tenant's right to privacy. Th is includes entering or photographing portions of a Residential Rental Unit that are beyond the scope of a lawful entry or inspection. B. No Owner shall retaliate against a Tenant because of tTenant's the exercise of rights under this chapter. A court may consider protections afforded by this chapter in evaluating a claim of retaliation. C. This section shall not apply to MRL Tenancies under Civil Code Section 798.12 or mobile home Tenants, as the provisions of Section of the Civil1940.2 of the Civil Code and Division 2, Part 2, Chapter 2. Code (the Mobile home Residency Law) apply. 9.65.100 Enforcement and Remedies. A. Guiding Principles. The City seeks to promote good relations between Owners and Tenants. 1. To further that goal, Owners and Tenants should treat each other r with respect, listen to each other, and make good faith efforts to ally resolve issues. If Landlords and Tenants cannot informally resolve issues, dispute resolution and mediation should be used. 2. This chapter provides for various remedies, including City enforcement. Disputes should be settled as set forth in paragraph 1 above. However, if they are not able to be settled, the prrim ae enforcement mechanism is otherwise expected to be Remedies set forth in Section 9.65.100(E). 3. This chapter provides for City enforcement as set forth in Section 9.65.100(D). The City has the sole and unfettered discretion to Page 34 of 46 2022/06/14 City Council Post Agenda Page 439 of 636 determine if it and when it will engage in enforcement of this chapter. Owners and Tenants are encouraged to resolve disputes as set forth in paragraphs 1 and 2 above. B. Violations/Failure to Comply. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter. Each day that a violation continues is deemed to be a new and separate offense. Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! The clause 0.65.100 B "Each day that a violation continues is deemed to be a new and separate offense. ", coupled with The Clause "The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to housing email address]; coupled the clause 9.65.100 D 2 "Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) or imprisonment for not more than six months, " coupled with the clause 9.65.100 D 3 Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. The burden of proof in such cases shall be preponderance of the evidence., and coupled with the clause 9.65.100 D 4 "it is not required that a warning or notice to cure must first be given " places a real risk that anyone attempting to be a Landlord in Chula Vista may lose his entire life savings thru no fault of their own. C. No Waiver. Any waiver of the rights under this chapter shall be void as contrary to public policy. Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! Even If a tenant and landlord are dear friends it seems both parties a prohibited from not abiding to the terms of this ordinance. Forcing tenants and landlords to abide by the term forces a landlord to remove the property from the rental market. Page 35 of 46 2022/06/14 City Council Post Agenda Page 440 of 636 D. City Attorney Enforcement. The City Attorney may pursue the following actions to enforce this chapter: 1. Alternative Remedies. The City Attorney may require Owner and Tenant to participate in education programs related to Landlord -Tenant issues, mediation, or an alternative dispute program. 2. Criminal Penalty. Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) or imprisonment for not more than six months, or by both a fine and imprisonment. At the sole discretion of the City Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction. Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! The mere threat of jailing a landlord for six months and having him face fines of ten of thousands of dollars as stated in clause 0.65.100 B "Each day that a violation continues is deemed to be a new and separate offense. ", coupled with The Clause The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to [housing email address]; coupled the clause 9.65.100 D 2 "Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1, 000) or imprisonment for not more than six months, " coupled with the clause 9.65. 100 D 3 Civil penalties for violations of this chapter may be assessed at a rate not to exceed 5, 000 per violation per day. The burden ofproof in such cases shall be preponderance of the evidence., and coupled with the clause 9.65. 100 D 4 "it is not required that a warning or notice to cure must first be given " places a real risk that anyone attempting to be a Landlord in Chula Vista. Adoption of this and other draconian clauses poses a real threat that a landlord may lose his entire life savings thru no fault of their own. Page 36 of 46 2022/06/14 City Council Post Agenda Page 441 of 636 3. Civil Action. The City, or the City Attorney on behalf of the People of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. The City may also pursue damages as set forth in 9.65.060(F)(1). The burden of proof in such cases shall be preponderance of the evidence. Devastates Landlord's ability to charge affordable rents. ANABSOL UTE NO GO! for reasons previously stated D 2 above. 4. Administrative Citations and Penalties. The City Attorney or an Enforcement Officer may issue administrative citations or civil penalties in accordance with Chapter 1.41 of this Code for violation of any of the provisions of this chapter. The City may also pursue damages as set forth in 9.65.060(F)(1). When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued. Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! Absolutely Insane. Once the word of this ordinance becomes widespread, No one AND I MEAN NO ONE would be able to be a landlord in this city of Chula Vista. The combination effect of clause 9.65.100 D 2 "Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1, 000) or imprisonment for not more than six months, " clause 9.65.100 D 3 Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5, 000 per violation per day. The burden ofproof in such cases shall be preponderance of the evidence., clause 0.65.100 B "Each day that a violation continues is deemed to be a new and separate offense. ", and clause 9.65. 100 D 4 "it is not required that a warning or notice to cure must first be given" prohibits anyone ever attempting to be a Landlord in Chula Vista. If this ordinance passes, every landlord in the city of Chula Vista Page 37 of 46 2022/06/14 City Council Post Agenda Page 442 of 636 runs the risk of losing every asset he has accumulated with hopes of benefiting and improving the lives of his family his family 5. Subpoena Authority. The City Attorney's Office may issue subpoenas, including subpoena deuces tecum, for the investigation and prosecution of alleged violations of this chapter. E. Private Remedies. I. Civil Action. An aggrieved Tenant may institute a civil action for injunctive relief, direct money damages, and any other relief that the court deems appropriate, which such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved Tenant is Elderly or Disabled, the court may award an additional penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court. A Tenant may also pursue damages as set forth in 9.65.060(F)(1). Devastates Landlord's ability to charge affordable rents. ANABSOL UTE NO GO! for reasons previously stated D 2 above. 2. Affirmative Defense. A violation of this chapter may be asserted as an affirmative defense in an unlawful detainer action. 3. Attorney's Fees. The court may award reasonable attorney's fees and costs to a Tenant who prevails in any action described in paragraphs 1 and 2 above. F. Nonexclusive Remedies and Penalties. The remedies specified in this section are cumulative and in addition to any other remedies available under state and local law for violation of this chapter. Devastates Landlord's ability to charge affordable rents. ANABSOL UTE NO GO! for reasons previously stated D 2 above. Page 38 of 46 2022/06/14 City Council Post Agenda Page 443 of 636 9.65.110 Limitations on Application. Analysis: Basically all clauses of 9.65.110 A thru 9.65.110 C below Reduces Pressure on Landlord to Increase Rent. A.Nothing in this chapter shall be construed as to prevent the lawful eviction of a Tenant by appropriate legal means. B. This chapter shall not apply to the following types of residential tenancies or circumstances: 1. Transient and tourist hotel occupancy as defined in Civil Code section 1940(b). 2. Any residential occupancy by reason of concession, permit, right of access, license or other agreement for a period for 30 consecutive calendar days or less, counting portions of calendar days as full days, including Short -Term Rental occupancies as defined in Chula Vista Municipal Code Chapter 5.68. 3. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly as defined in Health and Safety Code section 1569.2, or an adult residential facility as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. 4. Residential Property or Dormitories owned by the City, an institution of higher education, or a kindergarten and grades 1 to 12, inclusive. 5. Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental Unit. 6. Single-family Owner -occupied residencies, including both of the following: Page 39 of 46 2022/06/14 City Council Post Agenda Page 444 of 636 a. A residence in which the Owner -occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. b. A mobile home. 7. A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner's principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. 8. Residential Rental Unit, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: a. The Owner is not any of the following: i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one member is a corporation. iv. Management of a mobile home park, as defined in Section 798.2 of the Civil Code. b. The Tenants have been provided written notice that the Residential Rental Unit is exempt from this section using the following statement: This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to just cause requirements of Section 1946.2 of the Civil Code and Chapter 9.65 of the Chula Vista Municipal Code. This property meets the requirements of sections Page 40 of 46 2022/06/14 City Council Post Agenda Page 445 of 636 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and section 9.65.110(B)(8) of the Chula Vista Municipal Code, and the Owner is not any of the following: (1) a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." For Tenancy existing before the effective date of this chapter, the notice required above may, but is not required to, be provided in the rental agreement. For a Tenancy commenced or renewed on or after the effective date of this chapter, the notice required above shall be provided in the rental agreement. Addition of a provision containing the notice required above to any new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of section 9.65.110. 9. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093 or comparable federal statutes. This paragraph shall not include housing of a Tenant with a Section 8 Housing Choice Voucher. 10. This chapter shall not apply to a homeowner of a mobile home, as defined in Civil Code section 798.9 or a Tenancy as defined in Civil Code Section 798.12. C. This chapter shall remain in effect only until January1,2030, and as of that date is repealed. Page 41 of 46 2022/06/14 City Council Post Agenda Page 446 of 636 Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! Strongly suggest ordinance should take effect 90 to 120 days if passed as written. Many clauses have a devastating effect on the relationships between Landlords and Tenants. A time of 90 to 120 days is an absolute minimum time required to knowledgable landlords to assist tenants to relocate to housing units out of the city. Of my ten tenants, two have professional occupations and will do just fine. Seven tenants work in the service industry and I will need additional time relocate to more affordable communities. Lastly, I am very concerned with one tenant, who has been with me over ten years. She is a retired Grandmother lives with two teenage Granddaughters. My main concern is her desire for her Page 42 of 46 Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or e unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction r The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Analysis: Devastates Landlord's ability to charge affordable rents. AN ABSOLUTE NO GO! Strongly suggest ordinance should take effect 90 to 120 days if passed as written. Many clauses have a devastating effect on the relationships between Landlords and Tenants. A time of 90 to 120 days is an absolute minimum time required to knowledgable landlords to assist tenants to relocate to housing units out of the city. Of my ten tenants, two have professional occupations and will do just fine. Seven tenants work in the service industry and I will need additional time relocate to more affordable communities. Lastly, I am very concerned with one tenant, who has been with me over ten years. She is a retired Grandmother lives with two teenage Granddaughters. My main concern is her desire for her Page 42 of 46 2022/06/14 City Council Post Agenda Page 447 of 636 so Grandchildren to remain in the Hilltop School district. I do not see how that is possible. Section V. Publication The City Clerk shall certify to the passage and adoption f this accordingOrdinanceandshallcausethesametobepublishedposted to law. Presented by Tiffany Allen Deputy City Manager/ Director of Development Services Approved as to form by Glen R. Googins City Attorney Page 43 of 46 2022/06/14 City Council Post Agenda Page 448 of 636 I recently became aware of the proposed Residential Landlord and Tenant Ordinance. Being a Chula Vista landlord in excess of a half a century I felt I should investigate "what's up". I was certain my limited expertise could contribute something to assist in easing the pressure placed on our community from ever rising rents. On 5/19/22 I E-mailed three City Counsel members requesting a PDF copy of the proposed ordinance. I thank Jill Gavez for her prompt response. Upon first review, I was dumb founded of what I read. I spent many hours and sleepless nights attempting analyze the affect this ordinance has on our community. I can confidently share with you, as written, this ordinance has a devastating effect on the rent our citizens will be forced to pay and would destroy relationships between tenants and landlords. I truly believe that if this ordinance is adopted as written, no one who has full knowledge of its effects would take the financial risk of being a Landlord in our City. For one to take the chance of losing their entire lifesavings and being imprisoned without even being aware that they are in violation of a city ordinance is way too much risk for any conscientious landlord to undertake. Another an analogy... Just because one has never suffered a devastating fire in their home doesn't mean they cancel their fire insurance. Even if someone has never experienced a serious injury auto accident, they would never consider canceling their auto insurance. Likewise, no one would undertake the risk of losing everything they have worked for by being a landlord in Chula Vista if this ordinance is adopted as written. Being handy with a hammer. I have consistently kept our units in tip top shape and kept rents well under market. My wife, Mary, & I have have enjoyed many pleasant relationships with individuals who have been tenants for ten, twenty or even thirty years. Some relationships have even blossomed into life long friendships. This ordinance, as written, brings all that to an end. I truly believe city counsel and staff are way overthinking the problem. The main cause for the rising rents is simply supply and Page 44 of 46 2022/06/14 City Council Post Agenda Page 449 of 636 demand. That is the reason there are very few minimum wage workers living in La Jolla, Coronado, our Rancho Santa Fe. We have become a victim of our own success. I remember 1990-91 during the first Gulf War, Camp Pendleton virtually emptied out. With our soldiers overseas, many young wives became scared and went home to family. Many landlord friends informed me Oceanside vacancies soared and rents plummeted. Just the other day, I was consulting with my Allstate Insurance agent on another matter. Barry has been my insurance agent for over thirty five years. As we reminisced on the changes in our city over the years, the subject of the proposed Residential Landlord and Tenant Ordinance came up. He informed me he was well aware of its effects. He has completely liquidated all his Chula Vista residential properties and believes it would also be wise for his clients be prepared to remove their properties from the rental market. We all feel compelled to "Do Something" but this ordinance, as written is not the answer rising rents. This ordinance exasperates the problem. If there was ever a case of killing the goose that lays the golden egg, this ordinance is it. However, I am not nieve. I realize some of you will simply throw this report in the trash can. That would be a mistake. I love this community and I am sure my points are valid. In closing, if you do choose to adopt this ordinance as written, thirty days is not sufficient time to prepare our community's renters for the turmoil which will follow. 90 to 120 days is an absolute minimum time required for concerned citizens to remove themselves from the position of Landlord. On a personal note, of my ten tenants, three have professional occupations and will do just fine. Six tenants, however, work in the service industry and will need additional time to relocate out of the Page 45 of 46 2022/06/14 City Council Post Agenda Page 450 of 636 community. I drive a pickup truck. Over the years I would usually offer to assist tenants relocate to other housing units. Assisting six tenants in such a short period of time poses serious challenges. Lastly, I am very concerned with one tenant, who has been with us over ten years. She is a retired Grandmother living with two teenage Granddaughters. My main concern is her desire for her Grandchildren to remain in the Hilltop School district. If this ordinance is adopted as written I do not see how that is possible. Please overlook any misspellings or poor grammar. Although my conclusions are valid, I felt hard pressed to get this info to you in a timely manner. Thank you again for allowing me to assist you in this matter. If you have any questions please feel free to call or E-mail anytime. 906 *A ,9 rRao Page 46 of 46 2022/06/14 City Council Post Agenda Page 451 of 636 v . 0 03 P a g e | 1 June 14, 2022 ITEM TITLE Organic Waste Collection Service Rates: Approve New and Adjusted Rates for Organic Waste Collection Services to Cover the Costs of Compliance with the State of California’s Organic Waste Reduction Regulations and Amend the City’s Master Fee Schedule Accordingly. Report Number: 22-0008 Location: Citywide Department: Economic Development Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Council conduct the public hearing, receive tabulated results of written protests, consider all written protests, and if the number of written protests submitted is less than a majority of the parcels duly noticed, adopt the resolution accepting the results and approving the proposed new and adjusted rates for organic waste collection services. If approved, Staff also recommends that the Council approve an update to the City’s Master Fee Schedule, Chapter 17, Solid Waste & Recycling, to reflect the approved maximum rates. SUMMARY In order to meet the State of California’s methane emission reduction targets for short-lived climate pollutants, Senate Bill 1383 (SB 1383) requires local agencies to establish new food recovery and organic waste collection programs to prevent the disposal of organic waste into landfills. The City has worked with the City’s franchise solid waste hauler, Republic Services (Republic), to review and evaluate appropriate new and adjusted rates to implement a food recovery and organic waste collection program that meets the requirements of SB 1383. On September 14, 2021, the City Council conditionally approved a request from Republic for proposed new and adjusted organic waste collection service rates. As a condition to the new and adjusted rates taking effect, Council directed staff to conduct proceedings necessary to implement the proposed new and adjusted rates. This Item is intended to meet that directive and allow for Council to receive tabulated results of written protests, consider all written protests , and if the number of written 2022/06/14 City Council Post Agenda Page 452 of 636 P a g e | 2 protests submitted is less than a majority of the parcels duly noticed, adopt a resolution accepting the results and approving the proposed new and adjusted rates. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On September 14, 2021, the Chula Vista City Council conditionally approved a request from Republic Services (Republic) to implement new and adjusted rates for organic waste collection services as mandated by SB 1383 regulations for residential and commercial customers. Republic’s proposed new and adjusted rates are based on the projected costs to implement the organic waste collection service program. City staff, in conjunction with City’s third-party consultant, reviewed and analyzed the proposed new and adjusted rates and determined them to be equitable rates for the level of service being provided. See Attachment A – Hidden Resources’ Comprehensive Analysis of Republic Services’ Proposed Food Waste Collection Rates and Operations Plan and Attachment B - September 14, 2021 City Council Meeting, Item 7.1, Staff Report and Resolution. As with other solid waste collection rates, Republic will continue to be responsible for the billing and collection of the organic waste program rates. As a condition to the rates becoming effective, Council directed staff to conduct proceedings necessary to implement the proposed rates. See Attachment B. The public notice and public hearing that are the subject of this Item are intended to meet that directive. On November 15, 2021, Chula Vista property owners and Chula Vista Republic Services customers of record were provided notice, via United States Postal Service mail, of a public hearing scheduled for January 11, 2022 to consider proposed new and adjusted organic waste collection service rates for residential and commercial services. The hearing notice started a period for property owners and customers to protest the proposed new or adjusted rates, and provided information on how to submit a protest. The public hearing was originally scheduled for January 11, 2022 but was thereafter continued and ultimately canceled and a new public hearing was subsequently scheduled and noticed for June 14, 2022. Chula Vista property owners and Republic Services customers of record within Chula Vista were again provided notice, via United States Postal Service mail, of the public hearing scheduled for June 14, 2022 to consider the proposed new and adjusted organic waste collection service rates for residential and commercial services. See Attachment C – June 14, 2022 Public Hearing notice At the duly noticed public hearing on June 14, 2022, the City Council will receive a final tabulation of and consider written protests received by the City Clerk. If the number of written protests submitted is less than 2022/06/14 City Council Post Agenda Page 453 of 636 P a g e | 3 a majority of property owners duly noticed, the proposed new and adjusted rates may be approved by the City Council. Approving the new and adjusted rates is necessary for compliance with SB 1383 regulations. The new and adjusted rates will allow Republic to implement the organic waste collection service program needed for the City comply with SB 1383 mandates and avoid enforcement actions by the State of California against the City, including potential penalty amounts of up to $10,000 per day. The regulations require the City to have an available program as of January 1st of 2022 and the City may be subject to accumulated penalties dating back to the beginning of 2022. See Attachment D – SB1383 Regulations. Approval of the new and adjusted rates will enable Republic to launch a fully SB 1383-compliant organic waste collection service program to collect and process food waste and other organic waste placed by residents and businesses in currently available green yard waste carts/bins. The collected material will be transported to a newly constructed composting facility at the Otay Landfill to be processed into soil- amending compost material that can be used by the agricultural and land management industries. Using compost in agricultural and land management practices helps soil retain moisture, bring back lost nutrients, and sequester carbon that otherwise would be released into our atmosphere. Food waste from businesses will be collected separately and will be transported to a pre-processing facility being constructed at the Otay Landfill which will reduce contamination and adjust the particle size, moisture content, and carbon/nitrogen ratio to optimal conditions. Benefits to the City upon approval of the new and adjusted rates. As part of the launch of the new organic waste collection service program, Republic Services will also provide the City with additional resources to comply with other elements of the SB 1383 regulations. SB 1383 requires the City to buy and use 13,920 tons of compost per year. Republic has agreed to provide that amount of compost to the City at no cost. The compost will be used in all City-approved projects, compost give away events, and in City parks, medians, trails, and open spaces. Receiving this material at no cost will allow the City to avoid costs of purchasing these materials, resulting in operating cost savings for the Public Works and Community Services Departments. Republic will also distribute a kitchen food caddie to every single-family and multi-family residential customer. Kitchen caddies are kitchen countertop containers that are used to collect and store food waste to then deliver contents to outdoor food and yard waste containers. Giving residents a container at no cost has proven successful in other programs around the State. The caddies also serve as a daily visual reminder of the importance separating food waste from trash. Another SB 1383 mandate is to ensure that there are sufficient edible food recovery resources in the City. In order to help comply with that mandate, Republic will offer $50,000 per year in assistance to food recovery services and organizations in Chula Vista. This will assist edible food recovery services and organizations to secure funding for resources such as refrigerated vehicles, storage, technology, and staff to help collect edible food from local generators like supermarkets, restaurants, and food distributors, and properly store and distribute edible food to Chula Vista residents in need. Republic will also assist the City with container contamination minimization and oversight standards set forth in SB 1383 regulations. Republic will provide yearly route reviews for prohibited container contaminants or will perform waste composition studies at least twice per year. Republic will also deploy 2022/06/14 City Council Post Agenda Page 454 of 636 P a g e | 4 an extensive education campaign to familiarize residents and businesses with the new program requirements through promotional materials to be distributed periodically. These resources will further assist the City to comply with the education elements of the SB 1383 regulations. City staff, in conjunction with a third-party City consultant, reviewed and analyzed Republic’s proposed new and adjusted rates to ensure that the rates do not exceed what is reasonably anticipated to be necessary to cover the costs required to provide the new organic waste collection services mandated by SB 1383. The review was performed by factoring in the twenty five percent (25%) franchise fee that Republic pays the City so that the analysis would be an equitable and accurate comparison to fees and rates from other cities. The review further included a comparative analysis of other cities within our region that were serviced by companies like EDCO Recycling and Disposal, the waste collection contractor that services the most other cities in the County. Staff, in conjunction with the third-party City consultant, analyzed the new and adjusted rate proposals and determined that they were reasonable and did not exceed what is reasonably anticipated to be necessary to cover the costs for the new organic waste collection services, including the requisite capital expenditures and other one-time and on-going expenses needed to timely and adequately commence and implement the program. The analysis further determined that the new and adjusted rates are comparable to other programs throughout the state, but still 8-9% below the average of the local cities analyzed. The technology and processing to be used by Republic was also evaluated by City staff and the City’s third-party consultant who further determined that the costs associated with providing the new organic waste collection services were comparable to the investment in equipment and resources. The evaluation also determined that this technology was the most effective to process Chula Vista’s material to provide a value-added compost. It is important to reiterate that the proposed organic waste collection program is necessary to comply with the SB 1383 regulations and avoid State of California enforcement that could escalate to the imposition of fines against the City in an amount of up to $10,000 per day. Additionally, CalRecycle, the State agency responsible for the oversight and enforcement of this regulation has officially notified the City of its non - compliance status because the City has not fully approved organic waste collection service rates, and has referred the City to its Enforcement Branch for further investigation. Staff recommends that Council conduct the public hearing, receive tabulated results of written protests, consider all written protests, and if the number of written protests submitted is less than a majority of the parcels duly noticed, Council adopt the resolution accepting the results and approving the proposed new and adjusted organic waste collection service rates. The new and adjusted rates identified in this Item relate solely the organic waste collection service program identified herein and do not re-adopt any other solid waste collection rates previously approved or adopted. If approved, the new and adjusted rates would be effective on July 1, 2022 and would be subject to ministerial, automatic increases on an annual basis for a period not-to-exceed five (5) years. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. 2022/06/14 City Council Post Agenda Page 455 of 636 P a g e | 5 CURRENT-YEAR FISCAL IMPACT If approved, the proposed action will generate approximately $555,000 during the second half of the fiscal year in additional revenue to the general fund from collected franchise fees. ONGOING FISCAL IMPACT If approved, the proposed action will generate approximately $1,110,000 in additional revenue annually to the general fund from collected franchise fees. ATTACHMENTS Attachment A - Hidden Resources’ Comprehensive Analysis of Republic Services’ Proposed Food Waste Collection Rates and Operations Plan Attachment B – September 14, 2021 City Council Meeting, Item 7.1, Staff Report and Resolution Attachment C – June 14, 2022 Public Hearing notice Attachment D – SB1383 Regulations Staff Contact: Manuel Medrano, Environmental Services Manager 2022/06/14 City Council Post Agenda Page 456 of 636 Comprehensive Analysis of Republic Services’ Proposed Food Waste Collection Rates and Operations Plan October 9, 2020 2022/06/14 City Council Post Agenda Page 457 of 636 2 This analysis was conducted by Hidden Resources, under contract by the City of Chula Vista, Economic Development Department – Office of Sustainability. Researchers: Rich Flammer, Ellyn Hae, Tyla Montgomery Soylu, Hidden Resources (619) 758-0726 rich@compostingconsultant.com www.compostingconsultant.com City of Chula Vista contacts: Manuel Medrano, Environmental Services Manager, City of Chula Vista Economic Development Department – Office of Sustainability (619) 585-5766 mmedrano@chulavistaca.gov David DiDonato Sustainability Specialist, City of Chula Vista Economic Development Department – Office of Sustainability (619) 476-2409 ddidonato@chulavistaca.gov Draft Report, V5 October 9, 2020 Disclaimer: This report to the City of Chula Vista was produced under contract by Hidden Resources. The statements and conclusions contained in this report are those of the contractor and not necessarily those of the City of Chula Vista employees. Any mention of commercial products or processes shall not be construed as an endorsement of such products or processes by either Hidden Resources or the City of Chula Vista. 2022/06/14 City Council Post Agenda Page 458 of 636 3 Contents Background ................................................................................................................................................... 4 Determination of Volume of Organic Materials ........................................................................................... 4 Analysis of the City Solid Waste Rates and Associated Recycling Fees ........................................................ 5 Analysis of Proposed Plan and Residential Organics Collection Rates ......................................................... 7 Analysis and Recommendations ................................................................................................................... 7 Residential Rate Comparison with other Jurisdictions ................................................................................. 9 Multi Family Dwellings ................................................................................................................................ 10 Self-Haul, Local Education Agencies and Non-local Entities ....................................................................... 10 Analysis of Solid Waste Collection Rates .................................................................................................... 10 Analysis of Republic’s Proposed Commercial Food Waste Processing and Operations Plan ..................... 13 Existing Operation ....................................................................................................................................... 13 Utilization of the Grinder ............................................................................................................................ 13 LEA Inspection Reports ............................................................................................................................... 14 Document Review ....................................................................................................................................... 14 Plan and RCSI Review .................................................................................................................................. 15 Recommendations ...................................................................................................................................... 16 Analysis of Republic’s Proposed Commercial Food Waste Processing and Operations Plan as it Pertains to Zero Waste Principles ................................................................................................................................. 16 Attachment 1: Chula Vista Estimated Compost Procurement Targets, Cost and Retail Value .................. 17 2022/06/14 City Council Post Agenda Page 459 of 636 4 Background A number of state laws mandate the diversion of organics from landfills throughout California. AB 341 requires each jurisdiction reach a 75% recycling rate, and AB 1826 requires phasing in collection of organics from generators. Now under SB 1383 (Lara), jurisdictions are required to provide organics collection to all residential and commercial entities by January 2022.1 SB 1383 requires that each jurisdiction arrange recycling services for the following types of organic material: • Food • Green material • Landscape and pruning waste • Lumber and wood • Organic textiles and carpets • Paper products, printing and writing paper • Manure • Biosolids, digestate, and sludges Unlike AB 939, SB 1383 carries fines for both the generator and the municipality. In January 2020 , the Department of Resources Recycling and Recovery (CalRecycle) disseminated letters to all recycling coordinators, stating it will exercise its existing statutory authority to formally review jurisdictions’ mandatory commercial recycling and mandatory commercial organics recycling programs at any time to ensure cities are demonstrating compliance. The City of Chula Vista (City) has implemented a variety of recycling programs to meet these laws, including a pilot food recovery program. With the advent of mandatory collection of organics for all businesses. City staff approached its franchised hauler Republic Services (Republic) for a pricing change agreement for the expanded collection and processing of organics required under the laws (Attachment 1). In April 2020, the City engaged Hidden Resources (Consultant) to review proposed rate changes and the SB 1383 Implementation Plan submitted by Republic. Consultant was tasked to evaluate the plan in context of SB 1383 and AB 341 to ensure that the services to be provided comply with state laws as well as provide an equitable value for each level of service. Determination of Volume of Organic Materials Analyzing previous studies conducted, Consultant calculated the potential recovery levels of organics for the City (Table 1). This table indicates that a system to process 80,466 tons per year of compostable material is required for the City to meet the requirements of SB 1383. It also shows that almost 60% of 1 A waiver process for small generators is discussed later in this report. 2022/06/14 City Council Post Agenda Page 460 of 636 5 the compostable material will be derived from small quantity generators, with the remaining portion emanating from the commercial and industrial sector. Table 1: City of Chula Vista Tons Compostable by Sector Totals % Waste Disposed* % Compostable** Disposal Tons Compostable* Total Compostable* (Yard Waste Included) % Compostable by Sector* Trash Tons Small Quantity Generators (Carts) 58,552 39.2% 47.4% 27,753 46,971 58.4% Commercial (Front Load) 70,001 60.8% 42.4% 29,680 33,495 41.6% Industrial (RO/Compactors) 20,772 Total 149,325 Yard Waste Tons Small Quantity Generators (Carts) 19,217 Commercial (Front Load) 1,690 Industrial (RO/Compactors) 2,125 Total 23,032 80,466 * Commercial and industrial tonnages are combined. ** See pages 35 and 38 of 2016 City of Chula Vista SCS Waste Characterization Study for compostable materials. Analysis of the City Solid Waste Rates and Associated Recycling Fees In discussions with staff it was determined that the most efficient way to equate value for services would be to conduct a comparative analysis with other jurisdictions in California. With the waste disposed by sector data included in Table 1, Consultant collected both population and waste sector disposal data on more than 20 cities using a combination of direct contact and review of databases available on the CalRecycle website. Although numerous cities match Chula Vista’s waste demographics, many cities have not finalized their rates for addition of organics in their residential collection programs. But rather than excluding those cities completely, if commercial data was available, it was included for review. Table 2 presents the jurisdictions reviewed. 2022/06/14 City Council Post Agenda Page 461 of 636 6 Table 2: Comparable California Jurisdictions by Population and Waste Sector Percentage City Commercial Tons Residential Tons Total Tons Population SFH MFD Franchised Hauler Notes: Chula Vista 90,773 61% 58,552 39% 149,325 263,466 56,306 23,767 Republic Santa Clarita 70,693 62% 43,094 38% 113,787 218,201 52,310 16,970 Burrtec/Waste Management Has not completed residential rate review to add organics. Oceanside 45,913 59% 32,559 41% 78,472 175,012 44,495 16,322 Waste Management Has not completed residential rate review to add organics. Fremont 90,755 67% 44,321 33% 135,076 227,673 55,017 18,576 Republic Implemented Phase 2 in 2012. San Bernardino 85,802 68% 40,263 32% 126,065 208,498 42,315 17,452 Burrtec Escondido 51,883 67% 25,484 33% 77,367 148,551 29,681 16,765 EDCO El Cajon 41,122 75% 13,732 25% 54,854 99,855 18,357 15,865 EDCO Glendale 111,898 83% 22,955 17% 134,853 200,239 36,334 38,010 Some city collection, RFP out to potentially change due Oct 23, 2019. Modesto 75,519 63% 45,035 37% 120,554 208,967 45,038 8,249 Gilton/Bertolotti Uses a two cart/one truck system for trash/organics; operates a composting facility. Irvine Rates not complete. 241,918 Fontana N/A. 209,451 Mixed processing. Cost will move from $49.90 to $84.24. City of Riverside Rates not complete. 312,361 R3 conducting study. Also, city collection of residential. Santa Ana Rates not complete. 338,320 Extending existing franchise until July 2022 w/ increase of $3.40 (no CPI) to re-bid services. Data sources: https://www2.calrecycle.ca.gov/WasteCharacterization. Chula Vista data provided by City of Chula Vista. Excludes self-haul, non-franchised material. 2022/06/14 City Council Post Agenda Page 462 of 636 7 Table 2 includes a variety of jurisdictions from both Northern and Southern California. Due to the fact many jurisdictions have not completed their rate changes and that landfill tipping fees are higher in most areas of the state, cities in San Diego County were deemed to be preferable. When reviewing population and waste sector percentages and cities that had completed rates that include the collection of organics in all sectors, three cities rose to the top of the list: City of San Bernardino, City of Escondido and the City of El Cajon. Rates were reviewed in context of SB 1383 and AB 1826 to ensure that services provided comply with regulations and ensure the City is obtaining an equitable value for each level of service from Republic. The following sections compare the rates by service type.2 Analysis of Proposed Plan and Residential Organics Collection Rates3 Chula Vista residents currently have the option of using up to five of their own containers for yard waste collection or renting a cart from Republic for $1.50/month. About 30,300 single family homes pay $1.50 per month for the collection of yard waste in either a 64-gallon or 96-gallon cart. To ensure every home has an organics collection cart, the Republic plan estimates that about 26,000 carts will need to be purchased. A cost per home rate of $3.32 is needed to collect and process the organics (Table 3). Increases allow Republic to develop a strong program to educate and provide positive enforcement of the mandate to collect organics from residential households. At the same time, it represents only a 7% increase in total collection for the 30,300 households that currently pay the cart rental fee for yard waste collection. Residents currently using their own container for yard waste collection service will see an increase of 12%. The overall increase will be 9% citywide. Table 3: Chula Vista Residential Rate Increase SB 1383* Pre 1383 Post 1383 Rate Increase Increase for residents with yard waste rental cart $27.60 $29.42 7% Increase for residents who use their own yard waste cans $27.60 $30.92 12% Net City residential Increase $27.60 $30.11 9% *Rate increase includes collection of trash, mixed recycling, and mixed organics. Analysis and Recommendations The Republic plan speaks to the use of compostable bags for the storage of food scraps in between collection days. In our experience compostable bags cause problems in composting programs for many reasons. Foremost is the fact that customers often purchase the incorrect type of bag (such as those labelled “biodegradable”) and cause contamination issues for the processing operation. Consultant recommends that the program promote the use of a reusable container. Often called a “kitchen caddy,” 2 As SB 1383 and AB 341 concentrate on organics and recycling, this analysis will be provided before solid waste. 3 Residential refers to small quantity generators. Small businesses can take advantage this bundle as well. 2022/06/14 City Council Post Agenda Page 463 of 636 8 these containers can be stored in the freezer between collection days or on a counter top. Republic should distribute the caddies free of charge to each household with educational materials included. The Republic plan does contain an outreach plan to educate using billing inserts, community presentation, social media and other means of communication. At one time, bill inserts were a fantastic method of education, but as more customers move to paperless billing, this avenue is less effective now. Therefore, a direct mail piece and electronic messaging to all customers would be far more impactful approaches.4 The City and Republic partnership presently includes an “oops” tag approach, which Consultant applauds. When contamination is spotted at the point of collection, the address is noted and a report delivered to the City. This is a mandated function of SB 1383 that will be required on an ongoing basis with the minimum of a monthly report delivered to the City by Republic. Several important elements are not addressed in the present Republic implementation Plan. Consultant recommends the City pursue the following for inclusion based on the increased rate of $3.32 per household. • Labeling of existing carts presently in service. • Provide education plan to ensure compliance with SB 1383. • Delivery of one kitchen caddy per household for storage of food in the freezer or countertop. • Additional route monitoring using best available technology including but not limited to truck- mounted cameras. The present Republic plan also does not address the cost for additional bins, and other requirements for SB 1383. Consultant recommends that Republic allow a small generator to obtain an additional bin at no cost. SB 1383’s container contamination minimization section requires a route review for prohibited container contaminants that results in all hauler routes being reviewed annually or performing a waste composition study at least twice per year and in two distinct seasons of the year. Under a route review approach, containers may be randomly selected along a hauler route. Upon finding prohibited container contaminants, the generator shall be notified. The notice must include information regarding the generator’s requirement to properly separate materials into the appropriate container and may include photographic evidence of the violation. The notice may be left on the container and/or mailed or emailed to the generator. If the generator’s containers contain contamination on more than three consecutive occasions, the jurisdiction may impose additional contamination processing fees on the generator and may impose penalties. As Republic presently conducts this type of observation, Consultant recommends the City make Republic its designee and require them to provide, in writing each month, the address of the generators and the date the contaminated container was observed. 4Note: Section 7295 of the Government Code requires translations of educational materials into any non -English language spoken by a substantial number of the public provided organic waste collection services. 2022/06/14 City Council Post Agenda Page 464 of 636 9 After successful implementation of the citywide residential and commercial organics collection system, the City may choose to move to a performance-based source separated collection service.5 In that case the City shall notify CalRecycle within 30 days of conducting two consecutive quarterly trash container samplings that each demonstrate meeting the requirements of Article 17 of the SLCP regulations. At that time, a representative of CalRecycle will oversee the next quarterly sampling. Residential Rate Comparison with other Jurisdictions Fifteen jurisdictions were contacted for residential and other organic collection plans. All of these jurisdictions will combine the food and other organics in their existing yard waste collection programs. All 15 cities use 96-gallon bins and many will provide additional bins for free or for a nominal charge. Compared to the three cities selected for analysis, Republic´s rate was higher. However, the largest gap was 18%, and if Republic will commit to the recommendations above, Consultant supports this rate. Table 4: Residential Rate Comparison Chula Vista Rate* Compared City** Compared City Rate % Difference CV Additional Bins $3.32 Escondido $3.00 10% (over 3 and up to 8 max) $3.41 each $30.92 San Bernardino $25.23 18% $12.34 $30.92 El Cajon $25.89 16% Up to 3 recycling and 3 organics carts free. *Chula Vista’s prices reflects the net rate. **San Bernardino and El Cajon could not breakout the organics cost. Thus, the total rate for 96-gallon trash, recycling, and organics, respectively, were compared. All cities will collect mixed organics (green waste/food waste), provide a 96-gallon cart for all, including labeling of existing carts, education, oops tags, monthly report and route monitoring. Analysis of Proposed Commercial Organics Collection Rates SB 1383 mandates that all businesses that generate organics must arrange for collection. Businesses that generate less than two cubic yards of solid waste and can prove that they generate less than 10 gallons of organics per week can seek a waiver from the City. Businesses that generate more than two cubic yards of solid waste but can prove that they generate less than 20 gallons of organic waste per week, can also seek a waiver. Commercial businesses will be required to provide containers for the collection for organics and non- organic recyclables in all areas where disposal containers are provided (except restrooms). The lids should comply with the color system chosen and include a label that identifies primary materials for inclusion, as 5 “Performance-based source separated collection service” means a solid waste collection service that meets the requirements of Section 18998.1(a), which includes providing a three-container organic waste collection service to at least 90 percent of the commercial businesses residential sector and ensures “that the presence of organic waste in the gray container collection stream does not exceed an annual average aggregate of 25 percent by weight.” For full text, see Article 17 of the Proposed SLCP Regulations, October 2, 2019. 2022/06/14 City Council Post Agenda Page 465 of 636 10 well as those prohibited. Commercial generators are instructed to prohibit their employees from placing organic waste in a container not designated to receive this material. Generators are also required to inspect their containers for contamination and inform employees of any contamination issues. Generators must provide information to employees a minimum of one time per year about proper sorting of organic wastes. Commercial businesses are not required to replace functional containers purchased before January 1, 2022 that do not comply with the requirements, however, by January 1, 2036 all containers must comply. It should be noted that if a business does not generate any of the materials that would be collected in one type of container, the business does not have to provide that container in all areas where disposal containers are provided for customers. SB 1383 includes penalties for violations of the requirements. The penalty levels are as follows: • For a first violation the amount of the base penalty shall be $50 - $100 per offense. • For the second violation the amount of the base penalty shall be $100 - $200 per offense. • For a third or subsequent violation the amount of the base penalty shall be $250 - $500 per offense. • Penalties to jurisdictions can reach up to $10,000 per day for major violators. Multi Family Dwellings Multi Family Dwellings (MFD) regulations primarily mirror those of the commercial sector. However, MFD owners are required to provide information to new tenants before or within 14 days of occupation of the premises. MFD owners will also need to allow inspections of the premises to ensure compliance with the requirements of SB 1383. Self-Haul, Local Education Agencies and Non-local Entities The City and/or its designee is required to educate businesses that self-haul. Information regarding self- haul requirements shall be included in education and outreach materials. The City may comply with these requirements through print or electronic media or direct contact with generators through workshops, meetings, or on-site visits. In essence, self-haulers, local education agencies and non-local entities are required to fulfill the same requirements as commercial businesses. They are required to provide containers for the collection of organic waste and non-organic recyclables in all areas where disposal containers are located (except restrooms). These generators are also required to maintain records of the amount of materials hauled for inspection by the City. Analysis of Solid Waste Collection Rates As the City is only looking at a pricing change in the area of organics, the solid waste collection rates will remain the same. However, it is useful to compare rates of collection with other jurisdictions to ensure rates remain equitable. Table 8 illustrates the City rates with other chosen jurisdictions. Although the City does not maintain the lowest rate for collection of solid waste, it is a close second behind Escondido. 2022/06/14 City Council Post Agenda Page 466 of 636 11 Table 8: Comparison of Solid Waste Collection Rates by Jurisdiction Chula Vista San Bernardino Escondido El Cajon El Cajon* 1 x 1cy x 1x/wk N/A $138.83 $152.37 $169.30 1 x 1.5cy x 1x/wk $85.88 N/A $75.46 $160.39 $178.21 1 x 2cy x 1x/wk $98.21 $139.46 N/A $171.08 $190.09 1 x 3cy x 1x/wk $133.19 $148.82 $111.56 $213.85 $237.61 1 x 4cy x 1x/wk $212.11 $163.99 $145.57 $256.63 $285.14 1 x 5cy x 1x/wk $265.07 N/A N/A N/A N/A 1 x 6cy x 1x/wk $318.08 $238.00 N/A $352.85 $392.06 *Bundled rate in which includes 1x/wk 96-gallon recyclable collection and 1x/wk 96-gallon organics collection. Bold denotes lowest rate. As SB 1383 basically requires any generator of organics to arrange for collection, this law will affect all businesses within the City.6 The intent of the law is to reduce greenhouse emissions by removing organics from landfills and reach a 75% recycling rate. It is useful to review all materials to ensure the City is pursuing a methodology in which customers are able to maximize equitable rates as they become more environmentally friendly. For this reason, Consultant compared Chula Vista´s bundled rate with El Cajon´s bundled rate. The City allows small businesses to participate in the small quantity generator program. Hence, small commercial business will see very little cost increase. And this works as an incentive for other to reduce wastes generated. As Table 9 indicates, Chula Vista’s bundled rate is on par with El Cajon and even less expensive for the smaller generators. Table 9: Comparison of El Cajon Bundled Rate with Chula Vista* CV Trash CV Recycling CV Organics CV Total** El Cajon % Difference 1 x 96g x 1x/wk $27.60 Included $3.32 $30.92 N/A N/A 1 x 1cy x 1x/wk N/A N/A N/A N/A $169.30 N/A 1 x 1.5cy x 1x/wk $85.88 $72.07 $20.01 $177.96 $178.21 -0.1% 1 x 2cy x 1x/wk $98.21 $72.07 $20.01 $190.29 $190.09 0% 1 x 3cy x 1x/wk $133.19 $72.07 $20.01 $225.27 $237.61 -5% 1 x 4cy x 1x/wk $212.11 $72.07 $25.90 $310.08 $285.14 +8% 1 x 5cy x 1x/wk $265.07 $72.07 $25.90 $363.04 N/A 1 x 6cy x 1x/wk $318.08 $72.07 $25.90 $416.05 $392.06 +6% *Bundled small quantity generator rate which includes 1x/wk 96-gallon trash, recyclable, and organics collection. **Bold denotes lowest rate per service level. 6A waiver can be obtained for any entity generating less than two cubic yards of solid waste per week and 10 gallons of organics, or generating two or more cubic yards per week and no more than 20 gallons of organics. 2022/06/14 City Council Post Agenda Page 467 of 636 12 Programmatic Actions for the City of Chula Vista This section summarizes the actions that will be required of the City to meet the tenets of SB 1383. SB 1383 attempts to support edible food recovery. Therefore, it requires that before February 1, 2022 that the City develop the following: • A list of food recovery organizations that is updated annually and maintained on the City’s website. • Annually provide commercial edible food generators with information about the City’s program, how to set up a program, how to prevent the creation of food waste, and a list of food recovery organizations. This information may be included with regularly scheduled notices to commercial businesses. • SB 1383 requires Tier One commercial edible food generators to maximize the amount of edible food recovery by January 1, 2022, and Tier Two generators by January 1, 2024. Generators are required to maintain records on the quantity of food collected or self-hauled to a service or organization for food recovery. • Labels on all containers must clearly indicate the primary materials that are accepted and the primary materials prohibited in each container. CalRecycle has model labels which can be utilized to fulfill this requirement. • SB 1383 contains recordkeeping requirements that the City will be required to submit the CalRecycle. An initial Jurisdiction Compliance Report will be due to CalRecycle by April 1, 2022 and an annual report will be required in August 2022 for the period of January 1, 2022 through June 30, 2022. The following provides a condensed list of the actions that must be taken before the February 1, 2022 deadline. In most of the regulations it is referred to as an Implementation Record that must be stored in one central location. Upon request the City will provide access to the Implementation Record within 10 business days. • Identify programmatic funding mechanisms for the edible food recovery program. • Adopt a CALGreen Building Standards and Model Water Efficient Landscape Ordinance. • Procure or give away recovered organic waste products in a ratio of 0.08 tons organic waste to the City’s total population (see Attachment 1). • Procure recycled content paper products. • A description of which collection method(s) it will use. • A description of the strategy to address, fund and implement programs for self-haul (non- franchised) generators. • An enforcement and inspection program by January 1, 2022. • Adopt ordinances, contracts, franchise agreements, policies, procedures or programs.7 • A description of the City’s process for determining the level of container contamination. • A description of the process for issuing waivers and the frequency of inspections to verify the validity of the waivers. Retention of all copies of waivers issued. 7 CalRecycle is developing SB 1383 model ordinances that Consultant recommends the City adopt upon completion. 2022/06/14 City Council Post Agenda Page 468 of 636 13 • A record of the amount of solid waste removed from homeless encampments and illegal disposal sites if the amount of material removed is more than 100 tons. • Copies of all educational outreach including but not limited to flyers, brochures, newsletters, invoice messages, website and social media postings, bill inserts (including the date, as well as the type and number of accounts receiving the information). • Documentation of route reviews or waste composition studies. • Copies of all notices and enforcement orders issued to generators with prohibited container contaminants. • Documentation of the number of containers disposed due to contamination. • The geographical area for each collection method. • A list of all organic waste processing facilities utilized. • Copies of quarterly and annual average mixed waste organic content recovery rates for those facilities utilized. • A list of all approved haulers allowed to use the organic processing facilities. • The geographical areas the hauler serves. Analysis of Republic’s Proposed Commercial Food Waste Processing and Operations Plan Existing Operation The Research Compost Operation (RCO) ends in October 2020, after beginning in 2012 with an open windrow system, and starting with the GORE® Covered Composting System in 2018. Republic staff is pleased with the results of the GORE® System employed, and during a site tour on July 23, 2020, Consultant found it satisfactory for the trial volumes of material being handled. A review of LEA inspections found no Areas of Violation during the eight-year research period. Upon the same site tour on July 23, 2020, Consultant reviewed the green waste grinding area, operated by a third-party entity, Recycle-X, as well as the Plant’s Choice composting operation. Recycle-X handles grinding for all green waste processing and composting operations onsite, and Plant’s Choice composts and markets end-products not designated for ADC or beneficial reuse, and clean enough for sale. The grinder was down and being repaired during Consultant’s visit, and there were substantial volumes of both ground and unground green waste onsite. There was also a large pile of unprocessed lumber, pallets and wood onsite. Based on Consultant’s observations, and review of LEA inspection records, Recycle-X is challenged with keeping up with the incoming flow of materials that require grinding, and the footprint of the area is too small to allow for spreading and sorting out contaminants prior to grinding. This phase of operations is critical to production of market suitable products, as well as the expanded program Republic has proposed. Utilization of the Grinder The grinder used is fitted with 6” screens - a size and grind suitable for ADC, marginal for beneficial reuse, but not appropriate for use in compost feedstock or finished product marketing. Consultant observed significant plastic and other contaminants in ground material piles designated for onsite use, as well as finished products designated for sale. This coarsely ground material is also used for beneficial reuse, such 2022/06/14 City Council Post Agenda Page 469 of 636 14 as stabilizing slopes, but those slopes are in the active footprint of the landfill, and will eventually be covered with solid waste material, rendering this activity counterproductive to the City of Chula Vista and CalRecycle’s goals of diverting compostable materials from the landfill. Further, material spread on slopes is not fully composted, and a potential source of odors. LEA Inspection Reports Per the most recent LEA inspection online, conducted on July 28, 2020: “The amount of unprocessed green waste and wood waste at the Recycle-X chip and grind operation had not changed and the grinder continues to experience down times for repairs. According to site records, the grinder was down from July 1 to July 7, 2020. A maintenance and monitoring program shall be established to include the tub grinder and other equipment that is relied upon for site operations.”8 Per the LEA inspection conducted on June 26, 2020: “The amount of unprocessed green waste and wood waste at the subcontractor Recycle-X chip and grind operation has continued to increase in size since the previous inspection. The grinder was not in operation at the time of the inspection but down for repairs. The shared equipment from the local Sycamore Landfill was also down for repairs.”9 And per the LEA inspection conducted on May 21, 2020: “The amount of unprocessed green waste and wood waste at the Recycle-X chip and grind operation had tripled since the previous inspection. The grinder was observed in operation at the time of the inspection and had not been documented down for repairs to account of the increase.”10 Per the LEA inspection conducted on June 26, 2020: “A significant amount of processed green material had been stockpiled in various locations around the landfill for use as erosion controls. Some of the processed green material had been spread out along the side slope for erosion controls was measured for temperatures and observed up to four feet deep near the top slope of Canyon 3. Ensure the processed green material stockpiled along the side slopes are spread out in a timely manner to prevent composting temperatures that can contribute to odors and applied to a maximum thickness up to 12 inches after compaction for erosion controls to minimize the excess use.”11 Document Review Consultant reviewed the following documents: “Republic Services Proposed Commercial and Residential Organic Food Scraps Recycling Program,” undated “Amendment 1 – Republic Services Proposed Commercial and Residential Organic Food Waste Scraps Recycling Program,” dated April 15, 2020 8https://www2.calrecycle.ca.gov/SolidWaste/SiteInspection/Details/315982?siteID=2863 9https://www2.calrecycle.ca.gov/SolidWaste/SiteInspection/Details/306825?siteID=2863 10https://www2.calrecycle.ca.gov/SolidWaste/SiteInspection/Details/291646?siteID=2863 11https://www2.calrecycle.ca.gov/SolidWaste/SiteInspection/Details/306825?siteID=2863 2022/06/14 City Council Post Agenda Page 470 of 636 15 “Amendment 2 – Republic Services Proposed Commercial and Residential Organic Food Waste Scraps Recycling Program (Compost Marketing),” dated June 2, 2020 “Amended and Restated Solid Waste Collection and Recycling Franchise Agreement,” signed October 1, 2014 CHULA VISTA FRANCHISE - 2019/2020 RATE SCHEDULE FOR SQG, LQG AND INDUSTRIAL SERVICES, revised September 9, 2019 OTAY LANDFILL, INC. COMPOSTING OPERATION, REPORT OF COMPOSTING SITE INFORMATION (RCSI), dated April 2020 OTAY LANDFILL, INC. COMPOSTING OPERATION, REPORT OF COMPOSTING SITE INFORMATION (RCSI), dated June 2020 CalRecycle SWIS Facility/Site Inspections, Otay Landfill [Chipping and Grinding Facility/Operation] (37-AA- 0010), multiple dates ranging from April 14, 2017 to June 6, 2020 CalRecycle SWIS Facility/Site Inspections, Otay Landfill Research Composting Op. (37-AA-0984), multiple dates ranging from September 20, 2012 to April 21, 2020 Note: Consultant has not received nor reviewed the permit submittal for the Transfer Station Building. Plan and RCSI Review Consultant found discrepancies between the plan submitted to the City of Chula Vista entitled, “Republic Services Proposed Commercial and Residential Organic Food Scraps Recycling Program (Plan),” and the OTAY LANDFILL, INC. COMPOSTING OPERATION, REPORT OF COMPOSTING SITE INFORMATION (RCSI), dated June 2020. For example, the Plan states: “At the end of the first 30 days [Phase I] the composted material will have reached a stable level and the chance of odor release will be greatly diminished. The GORE® Cover is pulled back and the material will be moved by loader for a second phase. Oxygen demand is greatly reduced, so the piles are allowed to aerate by natural convection (rather than active aeration) and to age.” The RCSI States: “GORE® Covers are used only in Phase I and II of the composting process.” The Plan lacks the same narrative contained in the RCSI addressing feedstock volumes and handling, measures to minimize contamination and malodor generation, as well as processing detail using the Gore Cover System at the Otay Landfill location. The intent is not to nitpick, but rather exemplify an apparent lack of common understanding of the system planned to be used to handle Chula Vista’s material. While the RCSI is important for permitting, it is not a planning document, and coordination between the division of Republic responsible for permitting and that of planning and implementation of the system is critical to its success. The City received a five -page plan that encompasses both collection and processing. Two amendments to the plan have also been submitted. 2022/06/14 City Council Post Agenda Page 471 of 636 16 Given the existing green waste processing program has challenges with grinding, capacity and end product quality, adequate planning for the transition and ongoing operation of a facility accepting food waste at scale is crucial, with many details to be worked out and absent from submitted planning documents. Recommendations The Plan should be revised and resubmitted to contain: A site map clearly defining where commingled food waste/green waste will be tipped, sorted (cleaned of contaminants), and ground; process flow from grinding area to GORE heaps; orientation of GORE heaps; and process flow from GORE heap phases to designated cure, screening and finished product staging areas. It is understood that the system will be moveable and moved per landfill operation requirements, but the initial location of the system represents a strong factor in operational efficiency, contamination removal, finished product quality and dust and odor control. Per the RCSI, nearly the entire footprint of the landfill is delineated for composting. Amendments 1 and 2 incorporated into a final document, which also corresponds with and has operational protocols that match the RCSI and Transfer Station Building permit document submitted to the LEA. A description of how contaminants will be removed from curbside, commingled food and green waste, as well as the system and area for doing so. This is a key element to producing a marketable end product, and the Transfer Station Building and Scott Equipment Turbo Separator is designated for handling commercial food waste (per discussions with Republic staff), and not for residential material. The current designated grinding area is too small to allow for spreading material and removing contaminants. A more detailed description of how compost and mulch quality will be maximized and marketed. Republic’s Amendment 2 discusses the company’s success marketing compost in Northern California, and replicating “many learned strategies and best practices for the Chula Vista/San Diego market.” This is a sound foundation and excellent experience for development of a local marketing campaign. But as this is an exceptionally competitive marketplace for compost and mulch12, it is unclear why Republic isn’t including in planning the current marketing arm for finished material produced at Otay, Plant’s Choice. In addition to having a CalRecycle Notification tier permit and the permitted capacity to accept 200 tons per day of green waste - which could assist Republic with overflow once operating at full scale - Plant’s Choice already has a strong foothold in the San Diego County market, selling some 50,000 -60,000 cubic yards of mulch and 10,000 - 15,000 cubic yards of compost regionwide annually. Analysis of Republic’s Proposed Commercial Food Waste Processing and Operations Plan as it Pertains to Zero Waste Principles As noted above, producing coarsely ground material and substandard compost for the primary purpose of beneficial reuse, such as stabilizing slopes in the active footprint of the landfill that will eventually be 12https://www.sandiegocounty.gov/content/dam/sdc/dpw/SOLID_WASTE_PLANNING_and_RECYCLING/Files/Com postMulchMarketStudy_052020.pdf 2022/06/14 City Council Post Agenda Page 472 of 636 17 covered with solid waste material, is counter to removing organics from the landfill and the City’s Zero Waste goals. Organic materials planning should include methods for maximizing the quality of end products, removing contaminants prior to grinding, screening at sizes appropriate for the successful production of marketable composts and mulches, and robust outreach to ensure participation rates are high within both the residential and commercial sectors. Zero Waste is “the conservation of all resources by means of responsible production, consumption, reuse, and recovery of products, packaging, and materials without burning and with no discharges to land, water, or air that threaten the environment or human health.”13 As compostable materials produce methane and other atmospheric-trapping greenhouse gasses when buried in a landfill, they should be kept from this practice, including ADC and beneficial reuse on slopes that will be covered with landfilled materials in the future. “Compost should be used locally to grow food and restore the soils to enhance food security, local self-reliance and sustainability. By sequestering carbon in soils and decreasing use of irrigation, pesticides and fertilizers, composting further helps to reduce the emission of global warming gases.”14 Attachment 1: Chula Vista Estimated Compost Procurement Targets, Cost and Retail Value Procurement target of organic waste as required by Article 12, Proposed SLCP Regulations dated October 2, 2019 (Population: 263,466 X .08 tons/resident = 160 lbs/resident): 13 http://zwia.org/zero-waste-community-principles/ 14 http://zwia.org/zero-waste-community-principles/ 2022/06/14 City Council Post Agenda Page 473 of 636 18 • 21,077 tons year Procurement target of processed compost (using the following SB 1383 Compost Conversion Factors: 0.58 tons per ton recovered organic product or 1.45 cubic yards (cy) per ton recovered organic product) • 12,225 tons/year compost or • 30,562 cy/year compost Estimated cost to produce compost: $152,810 (based on $5/cy) Estimated retail value: $305,620 (based on market value of $10/cy) 2022/06/14 City Council Post Agenda Page 474 of 636 2022/06/14 City Council Post Agenda Page 475 of 636 2022/06/14 City Council Post Agenda Page 476 of 636 2022/06/14 City Council Post Agenda Page 477 of 636 2022/06/14 City Council Post Agenda Page 478 of 636 2022/06/14 City Council Post Agenda Page 479 of 636 2022/06/14 City Council Post Agenda Page 480 of 636 2022/06/14 City Council Post Agenda Page 481 of 636 2022/06/14 City Council Post Agenda Page 482 of 636 2022/06/14 City Council Post Agenda Page 483 of 636 2022/06/14 City Council Post Agenda Page 484 of 636 2022/06/14 City Council Post Agenda Page 485 of 636 2022/06/14 City Council Post Agenda Page 486 of 636 Department of Resources SLCP Regulations Recycling and Recovery November 2020 Short-lived Climate Pollutants (SLCP): Organic Waste Reductions Final Regulation Text The following denotes final and approved text: Strikethrough = deletions of existing text Underline = additions to existing text 2022/06/14 City Council Post Agenda Page 487 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 2 of 127 November 2020 California Code of Regulations 1 Title 14, Division 7, Chapter 3 2 Article 6.0. Transfer/Processing Operations and Facilities Regulatory 3 Requirements 4 Section 17402. Definitions. 5 (a) For the purposes of these articles: 6 (0.5) “Consolidation Sites” means facilities or operations that receive solid waste for 7 the purpose of storing the waste prior to transfer directly from one container to 8 another or from one vehicle to another for transport and which do not conduct 9 processing activities. Consolidation activities include, but are not limited to, limited 10 volume transfer operations, sealed container transfer operations, and direct transfer 11 facilities. 12 (1) "Contact Water" means water that has come in contact with waste and may 13 include leachate. 14 (1.5) “Contamination” or “Contaminants” has the same meaning as “prohibited 15 container contaminants” as defined in Section 18982(a)(55). 16 (2) "Covered Container" means a container that is covered to prevent the migration of 17 litter from the container, excessive infiltration of precipitation, odor and leachate 18 production, and to prevent access by animals and people; thereby controlling litter, 19 scavenging, and illegal dumping of prohibited wastes. Covers may include, but are 20 not limited to, tarpaulins or similar materials. 21 (3) "Direct Transfer Facility" means a transfer facility that receives equal to or more 22 than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day 23 but less than 150 tons of solid waste and meets all of the following requirements: 24 (A) is located on the premises of a duly licensed solid waste hauling operator; 25 (B) only handles solid waste that has been placed within covered containers or 26 vehicles prior to entering the facility and that is transported in vehicles owned or 27 leased by that same operator; 28 (C) the facility does not handle, separate, or otherwise process the solid waste; 29 (D) no waste is stored at the facility for more than any 8-hour period; 30 (E) solid waste is transferred only once and directly from one covered container or 31 vehicle to another covered container or vehicle so that the waste is never put on 32 the ground or outside the confines of a container or vehicle, before, during, or after 33 transfer. Direct transfer would not include top loading trailers where the solid waste 34 actually leaves the confines of the collection vehicle and is suspended in air before 35 falling into a transfer vehicle; 36 (F) all of the contents of the original transferring container or vehicle must be 37 emptied during a single transfer; and 38 (G) any waste that may unintentionally fall outside of the containers or vehicles, is 39 promptly cleaned up and replaced within the container or vehicle to which it was 40 being transferred. 41 (4) "DTSC" means Department of Toxic Substances Control. 42 (5) "EA" means enforcement agency as defined in PRC section 40130. 43 2022/06/14 City Council Post Agenda Page 488 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 3 of 127 November 2020 (6) "Emergency Transfer/Processing Operation" means an operation that is 1 established because there has been a proclamation of a state of emergency or local 2 emergency, as provided in Title 14, Division 7, Chapter 3, Article 3, sections 17210.1 3 (j) and (k) and which meets all of the following requirements: 4 (A) the operation handles only disaster debris and other wastes, in accordance 5 with section 17210.1(d), during the disaster debris recovery phase; and 6 (B) the location does not currently have a solid waste facility permit; 7 (C) if the operation accepts, processes, or stores hazardous or household 8 hazardous waste, then these activities must be in compliance with DTSC 9 standards or standards of other appropriate authorities or agencies. 10 (6.5) “Gray Container Waste” or “Gray Container Collection Stream” means solid 11 waste that is collected in a gray container that is part of a three-container organic 12 waste collection service that prohibits the placement of organic waste in the gray 13 container as specified in Section 18984.1(a) and (b). 14 (7) "Hazardous Wastes" means any waste which meets the definitions set forth in 15 Title 22, Section 66261.3, et seq. and is required to be managed. 16 (7.5) “Incompatible Material” or “Incompatibles,“ means human-made inert material, 17 including, but not limited to, glass, metal, plastic, and also includes organic waste for 18 which the receiving end-user, facility, operation, property, or activity is not designed, 19 permitted, or authorized to perform organic waste recovery activities as defined in 20 Section 18983.1(b) of Article 2, Chapter 12. 21 (8) "Large Volume Transfer/Processing Facility" means a facility that receives 100 22 tons or more of solid waste per operating day for the purpose of storing, handling or 23 processing the waste prior to transferring the waste to another solid waste operation 24 or facility. 25 (A) In determining the tonnage of solid waste received by the facility, the following 26 materials shall not be included: materials received by a recycling center located 27 within the facility, and by beverage container recycling programs in accordance 28 with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 29 activities are separated from the solid waste handling activities by a defined 30 physical barrier or where the activities are otherwise separated in a manner 31 approved by the EA. 32 (B) If the facility does not weigh the solid waste received, then the tonnage shall 33 be determined by using a volumetric conversion factor where one cubic yard is 34 equal to 500 pounds. The EA shall approve an alternate conversion factor if the 35 operator demonstrates that it is more accurate than the required conversion factor. 36 (9) "Limited Volume Transfer Operation" means an operation that receives less than 37 60 cubic yards, or 15 tons of solid waste per operating day for the purpose of storing 38 the waste prior to transferring the waste to another solid waste operation or facility 39 and which does not conduct processing activities, but may conduct limited salvaging 40 activities and volume reduction by the operator. 41 (A) In determining the tonnage of solid waste received by the operation, the 42 following materials shall not be included: materials received by a recycling center 43 located within the operation, and by beverage container recycling programs in 44 accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the 45 recycling activities are separated from the solid waste handling activities by a 46 2022/06/14 City Council Post Agenda Page 489 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 4 of 127 November 2020 defined physical barrier or where the activities are otherwise separated in a 1 manner approved by the EA. 2 (B) If the operation does not weigh the solid waste received, then the tonnage 3 shall be determined by using a volumetric conversion factor where one cubic yard 4 is equal to 500 pounds. The EA shall approve an alternate conversion factor if the 5 operator demonstrates that it is more accurate than the required conversion factor. 6 (10) "Litter" means all solid waste which has been improperly discarded or which has 7 migrated by wind or equipment away from the operations area. Litter includes, but is 8 not limited to, convenience food, beverage, and other product packages or 9 containers constructed of steel, aluminum, glass, paper, plastic, and other natural 10 and synthetic materials, thrown or deposited on the lands and waters of the state. 11 (11) "Medium Volume Transfer/Processing Facility" means a facility that receives 12 equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste 13 per operating day but less than 100 tons of solid waste, for the purpose of storing or 14 handling the waste prior to transferring the waste to another solid waste operation or 15 facility; or a facility that receives any amount of solid waste, up to 100 tons per 16 operating day, for the purpose of processing solid waste prior to transferring the 17 waste to another solid waste operation or facility. 18 (A) In determining the tonnage of solid waste received by the facility, the following 19 materials shall not be included: materials received by a recycling center located 20 within the facility, and by beverage container recycling programs in accordance 21 with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 22 activities are separated from the solid waste handling activities by a defined 23 physical barrier or where the activities are otherwise separated in a manner 24 approved by the EA. 25 (B) If the facility does not weigh the solid waste received, then the tonnage shall 26 be determined by using a volumetric conversion factor where one cubic yard is 27 equal to 500 pounds. The EA shall approve an alternate conversion factor if the 28 operator demonstrates that it is more accurate than the required conversion factor. 29 (11.5) “Mixed Waste Organic Collection Stream” means organic waste collected in a 30 container that is required by Section 18984.1, 18984.2, or 18984.3 to be transported 31 to a high diversion organic waste processing facility. 32 (12) "Nuisance" includes anything which: 33 (A) is injurious to human health or is indecent or offensive to the senses and 34 interferes with the comfortable enjoyment of life or property, and 35 (B) affects at the same time an entire community, neighborhood or any 36 considerable number of persons. The extent of annoyance or damage inflicted 37 upon an individual may be unequal. 38 (13) "On-site" means located within the boundary of the operation or facility. 39 (14) "Open burning" means the combustion of solid waste without: 40 (A) control of combustion air to maintain adequate temperature for efficient 41 combustion, 42 (B) containment of the combustion reaction in an enclosed device to provide 43 sufficient residence time and mixing for complete combustion, and 44 (C) control of the emission of the combustion products. 45 2022/06/14 City Council Post Agenda Page 490 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 5 of 127 November 2020 (15) "Operating day" means the hours of operation as set forth in the application, 1 Enforcement Agency Notification and/or permit not exceeding 24 hours. 2 (16) "Operating Record" means an easily accessible collection of records of an 3 operation's or facility's activities and compliance with required state minimum 4 standards under Title 14. The Record may include the Facility Plan or 5 Transfer/Processing Report for facilities, and shall contain but is not limited to 6 containing: agency approvals, tonnage and loadchecking records, facility contacts 7 and training history. The record may be reviewed by state and local authorities and 8 shall be available during normal business hours. If records are too voluminous to 9 place in the main operating record or if the integrity of the records could be 10 compromised by on-site storage, such as exposure to weather, they may be 11 maintained at an alternative site, as long as that site is easily accessible to the EA. 12 (17) "Operations Area" means: 13 (A) the following areas within the boundary of an operation or facility as described 14 in the permit application or Enforcement Agency Notification: 15 (i) equipment management area, including cleaning, maintenance, and storage 16 areas; and 17 (ii) material and/or solid waste management area, including unloading, 18 handling, transfer, processing, and storage areas. 19 (B) the boundary of the operations area is the same as the permitted boundary but 20 may or may not be the same as the property boundary. 21 (18) "Operator" means the owner, or other person who through a lease, franchise 22 agreement or other arrangement with the owner, that is listed in the permit 23 application or Enforcement Agency Notification, is legally responsible for all of the 24 following: 25 (A) complying with regulatory requirements set forth in these Articles; 26 (B) complying with all applicable federal, state and local requirements; 27 (C) the design, construction, and physical operation of the operations area; 28 (D) controlling the activities at an operation or facility as listed on the permit 29 application or Enforcement Agency Notification. 30 (18.4) “Organic Waste Recovery Activities,” or “Recovery” has the same meaning as 31 defined in Section 18982(a)(49). 32 (18.5) “Organic Waste” has the same meaning as in Section 18982(a)(46). 33 (19) "Owner" means the person or persons who own, in whole or in part, an operation 34 or facility, and/or the land on which it is located. 35 (20) "Processing" means the controlled separation, recovery, volume reduction, 36 conversion, or recycling of solid waste including, but not limited to, organized, 37 manual, automated, or mechanical sorting, the use of vehicles for spreading of waste 38 for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or 39 volume reduction equipment. Recycling Center is more specifically defined in section 40 17402.5 (d) of this Article. 41 (21) "Putrescible Wastes" include wastes that are capable of being decomposed by 42 micro-organisms with sufficient rapidity as to cause nuisances because of odors, 43 vectors, gases or other offensive conditions, and include materials such as, but not 44 limited to food wastes, offal and dead animals. The EA shall determine on a case-by-45 case basis whether or not a site is handling putrescible wastes. 46 2022/06/14 City Council Post Agenda Page 491 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 6 of 127 November 2020 (22) "Regulated Hazardous Waste" means a hazardous waste, as defined in section 1 66260.10 of Division 4.5 of Title 22. 2 (23) "RWQCB" means the Regional Water Quality Control Board. 3 (23.5) “Remnant Organic Material” means the organic waste that is collected in a 4 gray container that is part of the gray container collection stream. 5 (23.6) “Reporting Period” has the same meaning as defined in Section 18815.2 6 (a)(49). 7 (24) "Salvaging" means the controlled separation of solid waste material which do not 8 require further processing, for reuse or recycling prior to transfer activities. 9 (25) "Scavenging" means the uncontrolled and/or unauthorized removal of solid 10 waste materials. 11 (26) "Sealed Container Transfer Operation" means a transfer operation that meets 12 the following requirements: 13 (A) handles only solid waste that has previously been placed within containers that 14 have either a latched, hard top or other impermeable cover which is closed tightly 15 enough to: 16 (1) prevent liquid from infiltrating into or leaking out of the container; and 17 (2) prevent the propagation and migration of vectors; and, 18 (i) the solid waste remains within the unopened containers at all times while 19 on-site; and, 20 (ii) the containers are not stored on-site for more than 96 hours. 21 Sealed container transfer operations do not include operations excluded by 22 Public Resources Code section 40200(b)(3). 23 (26.5) “Secondary Material Processing Facility” or “Operation” means an activity 24 whose primary purpose is to receive and process source separated, or separated for 25 reuse, materials from a permitted transfer/processing facility or a transfer/processing 26 operation governed by an enforcement agency notification, and that does not meet 27 the residual percentage or putrescible waste percentage as set forth in section 28 17402.5(d). Materials include, but are not limited to, glass, plastics, paper, and 29 cardboard. 30 (A) Secondary Material Processing Operations are those activities that: 31 1. Are governed by the Enforcement Agency Notification tier requirements as 32 specified in section 17403.3.2; and, 33 2. Receive an amount of residual material that is less than 40% by weight as 34 calculated on a monthly basis. Operations that do not meet this residual 35 requirement shall comply with the Registration Permit tier requirements 36 specified in 17403.3.3. 37 (B) Secondary Material Processing Facilities are those activities that: 38 1. Are governed by the Registration Permit tier requirements as specified in 39 section 17403.3.3; and, 40 2. Do not meet the 40% residual material requirement as specified in subdivision 41 (A). 42 (26.6) “Source Separated Organic Waste” or “Source Separated Organic Waste 43 Collection Stream” means organic waste that is collected in a green container as 44 specified in Sections 18984.1(a)(1) and 18984.2(a)(1), “source separated blue 45 container organic waste,” as defined in this Subsection (a)(26.7), organic waste 46 2022/06/14 City Council Post Agenda Page 492 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 7 of 127 November 2020 collected in an additional container as specified in Section 18984.1(a)(6), and organic 1 waste collected in an “uncontainerized green waste and yard waste collection 2 service,” as defined in Section 18982. 3 (26.7) “Source Separated Blue Container Organic Waste” means the organic wastes 4 collected in a blue container that is limited to the collection of those organic wastes 5 and non-organic recyclables as defined in Section 18982(a)(43). 6 (27) "Special Waste" includes but is not limited to: 7 (A) waste requiring special collection, treatment, handling, storage, or transfer 8 techniques as defined in Title 22, section 66260.10. 9 (B) waste tires and appliances requiring CFC removal. 10 (28) "Spotter" means an employee who conducts activities that include, but are not 11 limited to, traffic control, hazardous waste recognition and removal for proper 12 handling, storage and transport or disposal, and protection of the public from health 13 and/or safety hazards. 14 (29) "Store" means to stockpile or accumulate for later use. 15 (30) "Transfer/Processing Facility" or "Facility" includes: 16 (A) those activities governed by the Registration Permit tier or Full Solid Waste 17 Facility Permit requirements (as specified in sections 17403.6 and 17403.7); and, 18 (B) which: 19 1.receive, handle, separate, convert or otherwise process materials in solid 20 waste; and/or 21 2.transfer solid waste directly from one container to another or from one vehicle 22 to another for transport; and/or 23 3.store solid waste; 24 (C) The receipt of separated for reuse material pursuant to Public Resources 25 Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 26 a solid waste facility does not constitute solid waste handling, or processing, if 27 there is a defined physical barrier to separate recycling activities defined in Public 28 Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 29 from the solid waste activities, or where the recycling and solid waste activities are 30 considered by the EA as separate operations. 31 (D) "Transfer/Processing Facilities" do not include activities specifically defined in 32 section 17402.5(c) of this Article, and operations and facilities that are subject to 33 regulations in Chapter 3.1 (commencing with section 17850). 34 (31) "Transfer/Processing Operation" or "Operation" includes: 35 (A) those activities governed by the EA Notification tier requirements; and, 36 (B) which: 37 1.receive, handle, separate, convert or otherwise process materials in solid 38 waste; and/or 39 2.transfer solid waste directly from one container to another or from one vehicle 40 to another for transport; and/or 41 3.store solid waste; 42 (C) The receipt of separated for reuse material pursuant to Public Resources 43 Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 44 a solid waste operation does not constitute solid waste handling, or processing, if 45 there is a defined physical barrier to separate recycling activities defined in Public 46 2022/06/14 City Council Post Agenda Page 493 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 8 of 127 November 2020 Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 1 from the solid waste activities, or where the recycling and solid waste activities are 2 considered by the EA as separate operations. 3 (D) "Transfer/Processing Operations" do not include activities specifically defined 4 in section 17402.5(c) of this Article, and operations and facilities that are subject to 5 regulations in Chapter 3.1 (commencing with section 17850). 6 (32) "Volume Reduction" means techniques such as: compaction, shredding, and 7 baling. 8 (33) "Waste Hauling Yard Operation" is an operation that meets the following 9 requirements: 10 (A) is located on the premises of a duly licensed solid waste hauling operator, who 11 receives, stores, or transfers waste as an activity incidental to the conduct of a 12 refuse collection and disposal business, and; 13 (B) handles only solid waste that has been placed within a covered container 14 before the container arrives at the waste hauling yard, and; 15 (C) no more than 90 cubic yards of waste is stored on-site in covered containers at 16 any time, and; 17 (D) the solid waste remains within the original covered containers while on-site at 18 any times, and; 19 (E) the covered containers are not stored on-site for more than any 72 hour period; 20 (F) if the EA has information that the operation does not meet these requirements, 21 the burden of proof shall be on the owner or operator to demonstrate that the 22 requirements are being met. 23 Note: 24 Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 25 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26 Section 39730.6, Health and Safety Code. 27 Section 17402.5. Definitions and Related Provisions Regarding Activities That Are 28 Not Subject to the Transfer/Processing Regulatory Requirements. 29 (a) This section sets forth definitions and related provisions regarding activities that are 30 not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 31 (1) Activities that are not in compliance with the applicable definitions and related 32 provisions of this section shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 33 6.3 and 6.35 of this Chapter. 34 (2) The definitions and related provisions of this section are for use only to determine 35 the applicability of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 36 (b) The following general definitions may apply to one or more of the activities that are 37 more specifically defined in subdivisions (c) and (d) of this section. 38 (1) "Residual" means the solid waste destined for disposal, further 39 transfer/processing as defined in section 17402(a)(30) or (31) of this Article, or 40 transformation which remains after processing has taken place and is calculated in 41 percent as the weight of residual divided by the total incoming weight of materials. 42 (2) "Reuse" means the use, in the same, or similar, form as it was produced, of a 43 material which might otherwise be discarded. 44 2022/06/14 City Council Post Agenda Page 494 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 9 of 127 November 2020 (3) "Separated for Reuse" means materials, including commingled recyclables, that 1 have been separated or kept separate from the solid waste stream for the purpose of 2 additional sorting or processing those materials for recycling or reuse in order to 3 return them to the economic mainstream in the form of raw material for new, reused, 4 or reconstituted products which meet the quality standards necessary to be used in 5 the marketplace, and includes materials that have been "source separated". 6 (4) "Source Separated" means materials, including commingled recyclables, that 7 have been separated or kept separate from the solid waste stream, at the point of 8 generation, for the purpose of additional sorting or processing those materials for 9 recycling or reuse in order to return them to the economic mainstream in the form of 10 raw material for new, reused, or reconstituted products which meet the quality 11 standards necessary to be used in the marketplace. 12 (c) Activities included in one of the following definitions are not subject to the 13 requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter, provided that these 14 activities do not include the acceptance of solid waste which has not been separated for 15 reuse. If an activity defined in this section is accepting solid waste which has not been 16 separated for reuse, it must meet the requirements of subdivision (d) of this section or 17 else it shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this 18 Chapter. 19 (1) "Auto Dismantler" means a person or business entity engaged in the business of 20 buying, selling, or dealing in vehicles including nonrepairable vehicles, for the 21 purpose of dismantling the vehicles, buying or selling the integral parts and 22 component materials thereof, in whole or in part, or dealing in used motor vehicle 23 parts pursuant to California Vehicle Code, section 220. 24 (2) "Auto Shredder" or "Metal Shredder" means a person or business entity that 25 accepts scrap metal, typically automobiles and white goods, and mechanically rends 26 that scrap metal into fist sized bits and pieces and separates the ferrous metals, 27 nonferrous metals and other materials for the purpose of recycling. 28 (3) "Buy Back Center" means a person or business entity engaging in those activities 29 defined in Public Resources Code Sections 14518, or 14520. 30 (4) "Drop-off Center" means a person or business entity engaging in those activities 31 defined in Public Resources Code Section 14511.7. 32 (5) "Manufacturer" means a person or business entity that uses new or separated for 33 reuse materials as a raw material in making a finished product that is distinct from 34 those raw materials. 35 (6) "Regional Produce Organic Distribution Center" means a distribution center that 36 receives unsold food produce, including packaged food produce (sometimes referred 37 to as "pre-consumer") back from stores to which it was originally sent by that 38 distribution center the produce, and which remains the property of the distribution 39 center or stores, for the purpose of data collection, depackaging, and transferring this 40 produce and other food to a compostcompostable material handling operation or 41 facility, in-vessel digestion operation or facility, or to a another beneficial use. A 42 regional produce distribution center would not include a site where produce is 43 processed. 44 (7) ”Rendering Activities” means an activity that is a licensed animal food 45 manufacturing activity, or a rendering activity which is authorized by the California 46 2022/06/14 City Council Post Agenda Page 495 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 10 of 127 November 2020 Department of Food and Agriculture pursuant to Section 19300 of the Food and 1 Agricultural Code, and in which no solid waste feedstock bypasses the manufacturing 2 or rendering process. "Rendering Plant" means a person or business entity where 3 dead animals or any part or portion thereof, vegetable oils, or packing house refuse, 4 are processed for the purpose of obtaining the hide, skin, grease residue, or any 5 other byproduct whatsoever 6 (8) "Reuse Salvage Operation" means a person or business entity which sterilizes, 7 dismantles, rebuilds, or renovates, nonputrescible separated-for-reuse materials, and 8 that recovers for recycling or reuse distinct material types that have not been 9 commingled with other materials before they enter the waste stream. Examples of 10 this activity include, but are not limited to, wire choppers, and dismantlers of furniture 11 and mattresses, and "brown goods" such as computer equipment, VCRs, and 12 televisions. 13 (9) "Scrap Metal Recyclers and Dealers" means a person or business entity including 14 all employees of the person or business entity, (except automotive recyclers and auto 15 shredders as defined in this section), whose primary business is the purchasing; 16 processing by shredding, shearing, baling, and torching; trading, bartering or 17 otherwise receiving secondhand or castoff metal material which includes ferrous 18 metals, nonferrous metals, aluminum scrap, auto bodies, major appliances and other 19 metals, including containers that are regulated pursuant to Public Resources Code 20 Section 14511.7, 14518 or 14520. 21 (10) "Wire Chopper" means a person or business entity which uses source separated 22 metal components or wire for the purpose of recycling or reuse. 23 (11) "Wood, Paper or Wood Product Manufacturer" means a person or business 24 entity that uses separated for reuse paper or woody materials in order to produce a 25 finished product able to be used as is, or to manufacture another product such as, 26 boxes or boards, without further processing. 27 (d) A "Recycling Center" means a person or business entity that meets the 28 requirements of this subdivision. A recycling center shall not be subject to the 29 requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 30 (1) A recycling center shall only receive material that has been separated for reuse 31 prior to receipt. 32 (2) The residual amount of solid waste in the separated for reuse material shall be 33 less than 10% of the amount of separated for reuse material received by weight. 34 (A) The residual amount is calculated by measuring the outgoing tonnage after 35 separated for reuse materials have been removed. 36 (B) The residual amount is calculated on a monthly basis based on the number of 37 operating days. 38 (3) The amount of putrescible wastes in the separated for reuse material shall be less 39 than 1% of the amount of separated for reuse material received by weight, and the 40 putrescible wastes in the separated for reuse material shall not cause a nuisance, as 41 determined by the EA. 42 (A) The amount of putrescible wastes is calculated in percent as the weight of 43 putrescible wastes divided by the total incoming weight of separated for reuse 44 material. 45 2022/06/14 City Council Post Agenda Page 496 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 11 of 127 November 2020 (B) The amount of putrescible wastes is calculated on a monthly basis based on 1 the number of operating days. 2 (4) The only separation that may occur at the recycling center is the sorting of 3 materials that have been separated for reuse prior to receipt. 4 (5) The recycling center may include an adjustment in the calculation to include the 5 weight of water in the residual, when the use of water is essential to the sorting or 6 processing of the material, provided that such an adjustment is also made in the 7 weight of materials received for processing. 8 (6) The following materials shall not be included in calculating residual as set forth in 9 subdivision (d)(2) of this section, if the recycling activities are separated from the 10 material handling activities noted below by a defined physical barrier or where the 11 activities are otherwise separated in a manner that the EA determines will keep the 12 materials from being commingled: 13 (A) materials received at an on-site Buy Back Center; 14 (B) materials received at an on-site Drop-off Center; 15 (C) cannery waste; 16 (D) construction and demolition materials; 17 (E) nonhazardous contaminated soil; 18 (F) grease-trap pumpings; 19 (G) nonhazardous asbestos; 20 (H) nonhazardous ash; 21 (I) compost and compost feedstock; 22 (J) sewage sludge; 23 (K) tires. 24 (7) If the EA has information that material that is being received is not separated for 25 reuse or source separated, that the residual is 10% or more of the total per month, or 26 that the amount of putrescible wastes is 1% or more of the total per month, the 27 burden of proof shall be on the owner or operator to demonstrate otherwise. 28 (A) A business that accepts loads of material that are not separated for reuse or 29 source separated does not qualify as a recycling center. 30 (B) If the EA has reason to believe that a business is accepting material that is not 31 separated for reuse or source separated due to averaging or combining of those 32 loads with other loads of separated for reuse material, the burden of proof will be 33 on the business to demonstrate that it is not accepting loads of mixed solid waste. 34 (C) If the EA has reason to believe that a business is accepting material that is not 35 separated for reuse or source separated due to the separation of portions of the 36 material at consecutive sites, each of which removes less than 10% residual, the 37 burden of proof will be on the business to demonstrate that it is not accepting 38 loads of mixed solid waste. 39 (D) If the EA determines that a business has exhibited a pattern and practice of 40 failing to comply with the provisions of this subsection, the EA may issue a Notice 41 and Order requiring the business to obtain a Registration Permit or Full Permit or 42 comply with the Enforcement Agency Notification requirements as made 43 applicable in sections 17403 through 17403.7 of this Article. 44 (E) At the time that the EA requires a recycling center to provide evidence that it is 45 in compliance with this subdivision, the EA shall provide the recycling center with a 46 2022/06/14 City Council Post Agenda Page 497 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 12 of 127 November 2020 written description of the information that has caused the EA to believe that the 1 recycling center is not in compliance. Nothing in this requirement is intended to 2 require the EA to identify the name or other identifying information regarding any 3 individual(s) who have complained about the recycling center. 4 (F) Nothing in this section precludes the enforcement agency or the board 5 Department from the following: inspecting a business to verify that it is conducted 6 in a manner that meets the provisions of this subsection; or, from taking any 7 appropriate enforcement action, including the use of a Notice and Order as 8 provided in Section 18304. 9 (8) Operations which do not meet the 10% residual percentage in subdivision (d)(2) 10 of this section but which qualify as a Limited Volume Transfer Operation, shall 11 comply with the requirements of section 17403.3 within one month of March 5, 1999. 12 (9) recycling center operators may voluntarily report their residual percentage to the 13 EA and the CIWMB Department using form CIWMB 607 (located in Appendix A). 14 (10) If the EA determines that a person or business entity purporting to operate a 15 recycling center is not in compliance with this subsection and issues an enforcement 16 order, that person or business entity may appeal that order in accordance with Public 17 Resources Code section 44307. 18 (e) If a Chipping and Grinding Operation or Facility, as defined in section 17852(a)(10) 19 of this Division, handles material that fails to meet the definition of green material due to 20 contamination as set forth in section 17852(a)(21) of this Division, the operation or 21 facility shall not be considered to be a recycling center as set forth in subsections (c) or 22 (d) of section 17402.5 23 Note: 24 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 25 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26 Section 39730.6, Health and Safety Code. 27 Section 17403.0. Regulatory Tiers Requirements for Transfer/Processing 28 Operations and Facilities. 29 Sections 17403.1 through 17403.7 set forth the regulatory tier requirements (Title 14, 30 Division 7, Chapter 5.0, Article 3.0, commencing with section 18100 or Title 27, Division 31 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3 and 3.1 of the California Code of 32 Regulations (commencing with section 21570) that apply to specified types of 33 transfer/processing operations and facilities. These requirements are summarized in 34 Table 1. 35 Note: 36 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 37 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 38 Section 39730.6, Health and Safety Code. 39 2022/06/14 City Council Post Agenda Page 498 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 13 of 127 November 2020 Table 1. Transfer/Processing Operations and Facilities Placement into the 1 Regulatory Tiers 2 Not Subject to Articles 6.0, 6.1, 6.2, 6.3 and 6.35 Excluded Tier Enforcement Agency Notification Tier Registration Permit Tier Full Solid Waste Facility Permit Auto Dismantler Section 17402.5(c)(1) Locations where <15 cubic yards of combined container volume is provided to serve as multi-residence receptacles for residential refuse at the place of generation. Section 17403.1(a)(1) Emergency Transfer/Processing Operations Section 17403.5 Medium Volume Transfer/Processing Facility Section 17403.6 Large Volume Transfer/Processing Facility Section 17403.7 Auto Shredder Operations Section 17402.5(c)(2) Locations where <15 cubic yards of combined container volume is handled for recycling. Section 17403.1(a)(2) Secondary Material Processing Operations Section 17403.3.2 Direct Transfer Facility Section 17403.4 Buy Back Centers Section 17402.5(c)(3) Storage receptacle at the place of generation for waste from multi- residential buildings or for commercial solid wastes. Section 17403.1(a)(3) Sealed Container Transfer Operations Section 17403.2 Secondary Material Processing Facility Section 17403.3.3 Drop-off Centers Section 17402.5(c)(4) Containers used to store construction or demolition wastes at the place Limited Volume Transfer Operations Section 17403.3 2022/06/14 City Council Post Agenda Page 499 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 14 of 127 November 2020 Not Subject to Articles 6.0, 6.1, 6.2, 6.3 and 6.35 Excluded Tier Enforcement Agency Notification Tier Registration Permit Tier Full Solid Waste Facility Permit of generation. Section 17403(a)(4) Manufacturers Section 17402.5(c)(5) Containers used to store salvaged materials. Section 17403.1(a)(5) Recycling Centers Section 17402.5(d) Waste Hauling Yard Operations. Section 17403.1(a)(6) Regional Organic Distribution Centers Section 17402.5(c)(6) Storage of Other Wastes. Section 17403(1)(a)(7) Rendering Plants Activities Section 17402.5(c)(67) Reuse Salvage Operations (includes furniture and mattress dismantlers and demanufacturers) Section 17402.5(c)(78) Scrap Metal Recyclers and Dealers Section 17402.5(c)(89) Wire Choppers Section 17402.5(c)(910) Wood, Paper, or Wood Product Manufacturer Section 17402.5(c)(1011) 2022/06/14 City Council Post Agenda Page 500 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 15 of 127 November 2020 Note: There are no operations or facilities placed within the Standardized tier. 1 Article 6.2 Operating Standards. 2 Section 17409.5. Loadchecking—Prohibited Wastes. 3 (a) The operator of an attended operation or facility shall implement a loadchecking 4 program to prevent the acceptance of waste which is prohibited by this Article. This 5 program must include at a minimum: 6 (1) the number of random loadchecks to be performed; 7 (2) a location for the storage of prohibited wastes removed during the loadchecking 8 process that is separately secured or isolated; 9 (3) records of loadchecks and the training of personnel in the recognition, proper 10 handling, and disposition of prohibited waste. A copy of the loadchecking program 11 and copies of the loadchecking records for the last year shall be maintained in the 12 operating record and be available for review by the appropriate regulatory agencies. 13 Note: 14 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 15 Reference: Sections 40053, 42652.5, 43020, and 43021, Public Resources Code and 16 Section 39730.6, Health and Safety Code. 17 Section 17409.5.1. Organic Waste Recovery Efficiency. 18 (a) This section applies to transfer/processing facilities and operations that conduct 19 processing activities. 20 (b) For the purposes of compliance with the reporting requirements in Section 18815.5, 21 and demonstrating that the facility is a “high diversion organic waste processing facility” 22 as defined in Section 18982(a)(33) that meets or exceeds an annual average mixed 23 waste organic content recovery rate of 50 percent on and after January 1, 2022 and 75 24 percent on and after January 1, 2025 as determined in Section 18815.5(e), the operator 25 shall conduct the measurements described in this section. 26 (c) The operator shall: 27 (1) Determine the sum of outgoing weights of organic waste recovered from the 28 mixed waste organic collection stream by adding together the weights determined 29 pursuant to Section 17409.5.2(b)(6) for each operating day that measurements were 30 conducted during the reporting period. 31 (2) Determine the sum of outgoing weights of organic waste removed from the mixed 32 waste organic collection stream for landfill disposal by adding together the weights as 33 measured pursuant to Section 17409.5.3(b)(5) for each operating day that 34 measurements were conducted during the reporting period. 35 (3) Report the sums of Subdivisions (c)(1) and (c)(2) to the Department pursuant to 36 Section 18815.5. 37 (d) The operator shall additionally: 38 (1) Determine the sum of outgoing weights of organic waste recovered from the 39 source separated organic waste collection stream by adding together the weights 40 determined pursuant to Section 17409.5.4(b)(6) for each operating day that 41 measurements were conducted during the reporting period. 42 2022/06/14 City Council Post Agenda Page 501 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 16 of 127 November 2020 (2) Determine the sum of outgoing weights of organic waste removed from the source 1 separated organic waste collection stream that is sent for landfill disposal by adding 2 together the weights as measured pursuant to Section 17409.5.5(b)(5) for each 3 operating day that measurements were conducted during the reporting period. 4 (3) Report the sums of Subdivisions (d)(1) and (d)(2) to the Department pursuant to 5 Section 18815.5. 6 (e) The operator shall maintain records demonstrating compliance with this section in a 7 manner approved by the EA and as described in Section 17414.2(a). 8 Note: 9 Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 10 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 11 Section 39730.6, Health and Safety Code. 12 Section 17409.5.2. Measuring Organic Waste Recovered from Mixed Waste 13 Organic Collection Stream. 14 (a) The operator of an attended operation or facility that accepts a mixed waste organic 15 collection stream shall measure the amount by weight of organic waste separated from 16 the mixed waste organic collection stream after processing for end-use, recovery or 17 further processing. 18 (1) The measurements required pursuant to this section shall be conducted at the 19 following frequency: 20 (A) For each reporting period, the operator shall perform the sampling protocol 21 required in Subdivision (b) over ten (10) consecutive operating days. 22 (B) An operator may use the results of samples conducted over a period of more 23 than 10 days if the following apply: 24 1. If less than 10 additional days are sampled in the reporting period, the 25 additional operating days where sampling is performed shall be a 26 consecutive continuation of the original 10 consecutive days of sampling. 27 2. If 10 additional operating days or more are selected for sampling, the 28 additional operating days shall be conducted on consecutive days but may be 29 performed during a different part of the reporting period and are not required to 30 be a continuation of the original 10 operating days. 31 (b) The operator shall comply with Subdivision (a) by using the following protocol: 32 (1) On each sampling day take one sample of at least two hundred (200) pounds 33 from each organic waste type separated after processing at the operation or facility 34 on that operating day prior to sending to a destination for end-use, recovery, or 35 further processing. Each sample shall be: 36 (A) Representative of a typical operating day; and 37 (B) A random, composite sample taken either from various times during the 38 operating day or from various locations within each pile of each of the organic 39 waste types separated after processing. 40 (2) Record the weight of each sample from each organic waste type. If the total 41 weight of a single organic waste type processed in a single operating day is less than 42 200 pounds, the operator shall sample all of that organic waste type that is separated 43 after processing for end-use, recovery or further processing. 44 2022/06/14 City Council Post Agenda Page 502 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 17 of 127 November 2020 (3) For each sample, remove any incompatible material and determine the remaining 1 weight of organic waste in that sample. 2 (4) Then determine a ratio for each type of organic waste in the mixed waste organic 3 collection stream by dividing the total weight from Subdivision (b)(3) by the total 4 weight recorded in Subdivision (b)(2). 5 (5) Multiply the ratio determined for each type of organic waste type pursuant to 6 Subdivision (b)(4) by the total weight of all of the same type of organic waste 7 separated after processing and destined for end-use, recovery or further processing 8 (6) Determine the total weight of organic waste separated from the mixed waste 9 organic collection stream for recovery by adding the sum of all the weights calculated 10 pursuant to Subdivision (b)(5). 11 (c) The operator shall conduct a measurement in the presence of the EA when 12 requested. 13 (d) If it is determined by the EA that the measurements do not accurately reflect the 14 records, the EA may require the operator to increase the frequency of measurements, 15 revise the measurement protocol, or both to improve accuracy. 16 (e) If the operator sends any material to a POTW that is not authorized to receive, 17 pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute 18 landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall 19 be added to the total weight calculated pursuant to Section 17409.5.3. 20 Note: 21 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 22 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 23 Section 39730.6, Health and Safety Code. 24 Section 17409.5.3. Measuring Organic Waste in Material Removed from Mixed 25 Waste Organic Collection Stream for Disposal. 26 (a) The operator of an attended operation or facility that accepts a mixed waste organic 27 collection stream shall measure the amount by weight of organic waste present in the 28 material removed from the mixed waste organic collection stream after processing that 29 is sent to disposal. 30 (1) The measurements required pursuant to this section shall be conducted at the 31 following frequency: 32 (A) For each reporting period, the operator shall perform the sampling protocol 33 required in Subdivision (b) over ten (10) consecutive operating days. 34 (B) An operator may use the results of samples conducted over a period of more 35 than 10 days if the following apply: 36 1. If less than 10 additional days are sampled in the reporting period, the 37 additional operating days where sampling is performed shall be a consecutive 38 continuation of the original 10 consecutive days of sampling. 39 2. If 10 additional operating days or more are selected for sampling, the 40 additional operating days shall be conducted on consecutive days but may be 41 performed during a different part of the reporting period and are not required to 42 be a continuation of the original 10 operating days. 43 (b) The operator shall comply with Subdivision (a) by using the following protocol: 44 2022/06/14 City Council Post Agenda Page 503 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 18 of 127 November 2020 (1) On each sampling day, take one sample of at least two hundred (200) pounds of 1 the material removed from mixed waste organic collection stream at the operation or 2 facility on that operating day prior to sending to disposal. Each sample shall be: 3 (A) Representative of a typical operating day; and 4 (B) A random, composite sample taken either from various times during the 5 operating day or from various locations within the pile(s) of material that will be 6 sent to disposal. 7 (2) Record the total weight of the sample. If the total weight of the materials removed 8 from the mixed waste organic collection stream in a single operating day is less than 9 200 pounds, the operator shall sample the stream that will be sent to disposal. 10 (3) Remove any incompatible material and determine the remaining weight of the 11 organic waste in the sample. 12 (4) Then determine the ratio of organic waste present in the materials removed from 13 the mixed waste organic collection stream for disposal by dividing the total weight 14 from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2). 15 (5) Determine the total weight of organic waste removed from the mixed organic 16 collection stream that is sent to disposal by multiplying the ratio determined pursuant 17 to Subdivision (b)(4) by the total weight of the materials removed from the mixed 18 waste organic collection stream for disposal. 19 (c) The operator shall conduct a measurement in the presence of the EA when 20 requested. 21 (d) If it is determined by the EA that the measurements do not accurately reflect the 22 records, the EA may require the operator to increase the frequency of measurements, 23 revise the measurement protocol, or both to improve accuracy. 24 (e)The operator shall maintain records of measurements and the training of personnel in 25 evaluating the amount of organic waste in the material removed from mixed waste 26 organic collection stream for disposal. 27 (f) For the purposes of this section “disposal” has the same meaning as “Activities that 28 constitute landfill disposal” as defined in Section 18982. 29 Note: 30 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 31 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 32 Section 39730.6, Health and Safety Code. 33 Section 17409.5.4. Measuring Organic Waste Recovered from Source Separated 34 Organic Waste Collection Stream. 35 (a) The operator of an attended operation or facility that accepts source separated 36 organic waste shall measure the amount by weight of organic waste separated from the 37 source separated organic waste collection stream after processing for end-use, 38 recovery or further processing. 39 (1) The measurements required pursuant to this section shall be conducted at the 40 following frequency: 41 (A) For each reporting period, the operator shall perform the sampling protocol 42 required in Subdivision (b) over ten (10) consecutive operating days. 43 2022/06/14 City Council Post Agenda Page 504 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 19 of 127 November 2020 (B) An operator may use the results of samples conducted over a period of more 1 than 10 days if the following apply: 2 1. If less than 10 additional days are sampled in the reporting period, the 3 additional operating days where sampling is performed shall be a consecutive 4 continuation of the original 10 consecutive days of sampling. 5 2. If 10 additional operating days or more are selected for sampling, the 6 additional operating days shall be conducted on consecutive days but may be 7 performed during a different part of the reporting period and are not required to 8 be a continuation of the original 10 operating days. 9 (b) The operator shall comply with Subdivision (a) by using the following protocol: 10 (1) On each sampling day take one sample of at least two hundred (200) pounds 11 from each organic waste type separated after processing at the operation or facility 12 on that operating day prior to sending to a destination for end-use, recovery, or 13 further processing. Each sample shall be: 14 (A) Representative of a typical operating day; and 15 (B) A random, composite sample taken either from various times during the 16 operating day or from various locations within each pile of each of the organic 17 waste types separated after processing. 18 (2) Record the weight of each sample from each organic waste type. If the total 19 weight of a single organic waste type processed in a single operating day is less than 20 200 pounds, the operator shall sample all of that organic waste type that is separated 21 after processing for end-use, recovery or further processing. 22 (3) For each sample, remove any incompatible material and determine the remaining 23 weight of organic waste in that sample. 24 (4) Then determine a ratio for each type of organic waste in the source separated 25 organic waste collection stream by dividing the total weight from Subdivision (b)(3) by 26 the total weight recorded in Subdivision (b)(2). 27 (5) Multiply the ratio determined for each type of organic waste type pursuant to 28 Subdivision (b)(4) by the total weight of all of the same type of organic waste 29 separated after processing and destined for end-use, recovery or further processing. 30 (6) Determine the total weight of organic waste separated from the source separated 31 organic waste collection stream for recovery by adding the sum of all the weights 32 calculated pursuant to Subdivision (b)(5). 33 (c) The operator shall conduct a measurement in the presence of the EA when 34 requested. 35 (d) If it is determined by the EA that the measurements do not accurately reflect the 36 records, the EA may require the operator to increase the frequency of measurements, 37 revise the measurement protocol, or both to improve accuracy. 38 (e) If the operator sends any material to a POTW that is not authorized to receive, 39 pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute 40 landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall 41 be added to the total weight calculated pursuant to Section 17409.5.5. 42 Note: 43 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 44 2022/06/14 City Council Post Agenda Page 505 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 20 of 127 November 2020 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 1 Section 39730.6, Health and Safety Code. 2 Section 17409.5.5. Measuring Organic Waste in Materials Removed from Source 3 Separated Organic Waste Collection Stream For Disposal. 4 (a) The operator of an attended operation or facility that accepts a source separated 5 organic waste shall measure the amount of organic waste by weight present in the 6 materials removed from the source separated organic waste collection stream after 7 processing that is sent to disposal. 8 (1) The measurements required pursuant to this section shall be conducted at the 9 following frequency: 10 (A) For each reporting period, the operator shall perform the sampling protocol 11 required in Subdivision (b) over ten (10) consecutive operating days. 12 (B) An operator may use the results of samples conducted over a period of more 13 than 10 days if the following apply: 14 1. If less than 10 additional days are sampled in the reporting period, the 15 additional operating days where sampling is performed shall be a consecutive 16 continuation of the original 10 consecutive days of sampling. 17 2. If 10 additional operating days or more are selected for sampling, the 18 additional operating days shall be conducted on consecutive days but may be 19 performed during a different part of the reporting period and are not required to 20 be a continuation of the original 10 operating days. 21 (b) The operator shall comply with Subdivision (a) by using the following protocol: 22 (1) On each sampling day take one sample of at least two hundred (200) pounds of 23 the materials removed from source separated organic waste collection stream at the 24 operation or facility on that operating day prior to sending to disposal. Each sample 25 shall be: 26 (A) Representative of a typical operating day; and 27 (B) A random, composite sample taken either from various times during the 28 operating day or from various locations within the pile(s) of material that will be 29 sent to disposal. 30 (2) Record the total weight of the sample. If the total weight of the materials removed 31 from the source separated organic waste collection stream in a single operating day 32 is less than 200 pounds, the operator shall sample the stream that will be sent to 33 disposal. 34 (3) Remove any incompatible material and determine the remaining weight of the 35 organic waste in the sample. 36 (4) Then determine the ratio of organic waste present in the material removed from 37 the source separated organic waste collection stream for disposal by dividing the 38 total weight from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2). 39 (5) Determine the total weight of organic waste removed from the source separated 40 organic waste collection stream that is sent to disposal by multiplying the ratio 41 determined pursuant to Subdivision (b)(4) by the total weight of the materials 42 removed from the source separated organic waste collection stream for disposal. 43 (c) The operator shall conduct a measurement in the presence of the EA when 44 requested. 45 2022/06/14 City Council Post Agenda Page 506 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 21 of 127 November 2020 (d) If it is determined by the EA that the measurements do not accurately reflect the 1 records, the EA may require the operator to increase the frequency of measurements, 2 revise the measurement protocol, or both to improve accuracy. 3 (e) For the purposes of this section “disposal” has the same meaning as “Activities that 4 constitute landfill disposal” as defined in Section 18982. 5 Note: 6 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 7 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 8 Section 39730.6, Health and Safety Code. 9 Section 17409.5.6. Source Separated Organic Waste Handling. 10 (a) Source separated organic waste processing shall be kept separate from other solid 11 waste streams. 12 (1) Remnant organic material separated from the gray container collection stream for 13 recovery can be combined with organic material removed from the source separated 14 organic waste collection stream for recovery once the material from the source 15 separated organic waste collection stream has gone through the measurement 16 protocol described in Section 17409.5.4. 17 (2) Construction and Demolition Debris, as defined in Section 17381, shall be kept 18 separate from the source separated organic waste collection stream and the mixed 19 waste organic collection stream and shall not be included in the measurements 20 required pursuant to Sections 17409.5.1- 17409.5.5 and 17409.5.8. 21 (b) Source separated organic waste and organic waste removed from a mixed waste 22 organic collection service for recovery shall be: 23 (1) Stored away from other activity areas in specified, clearly identifiable areas as 24 described in the Facility Plan or Transfer/Processing Report; and 25 (2) Removed from the site consistent with Section 17410.1 and either: 26 (A) Transported only to another solid waste facility or operation for additional 27 processing, composting, in-vessel digestion, or other recovery as specified in 28 Section 18983.1; or 29 (B) Used in a manner approved by local, state, and federal agencies having 30 appropriate jurisdiction. 31 Note: 32 Authority cited: Sections 40502, 43020 and 43021 Public Resources Code. 33 Reference: Sections 40053, 42652.5, 43020 and 43021 Public Resources Code and 34 Section 39730.6, Health and Safety Code. 35 Section 17409.5.7. Gray Container Waste Evaluations. 36 (a) Commencing July 1, 2022, the operator of an attended operation or facility that 37 receives a gray container collection stream, and more than 500 tons of solid waste from 38 at least one jurisdiction annually, shall conduct waste evaluations on the gray container 39 collection stream consistent with this section. 40 (b) The operator shall perform one gray container waste evaluation per quarter. 41 2022/06/14 City Council Post Agenda Page 507 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 22 of 127 November 2020 (c) The operator shall use the following measurement protocol to comply with this 1 section: 2 (1) Take one sample of at least 200 pounds from the incoming gray container 3 collection stream received by the facility. Each sample shall be: 4 (A) Representative of a typical operating day; and 5 (B) A random, composite sample taken from various times during the operating 6 day. 7 (2) Record the weight of the sample. 8 (3) For that sample, remove any remnant organic material and determine the weight 9 of that remnant organic material. 10 (4) Then determine the ratio of remnant organic material in the sample by dividing the 11 total weight from Subdivision (a)(3) by the total weight recorded in Subdivision (a)(2). 12 (d) Upon written notification to the applicable EA, the operator may conduct offsite gray 13 container waste evaluations at an alternative, permitted or authorized solid waste facility 14 or operation provided that the operator subject to this section does not process the 15 material prior to its transfer offsite for the waste evaluation. 16 (1) The results of an offsite gray container waste evaluation performed under 17 Subdivision (d) shall be reported by the transfer/processing operation or facility 18 subject to this section as required in Section 18815.5 and shall not be reported by the 19 alternative solid waste facility or operation. 20 (e) The operator shall conduct a measurement in the presence of the EA when 21 requested. 22 (f) If it is determined by the EA that the measurements do not accurately reflect the 23 records, the EA may require the operator to increase the frequency of measurements, 24 revise the measurement protocol, or both to improve accuracy. 25 (g)The operator shall maintain records of waste evaluations and the training of 26 personnel in evaluating the amount of remnant organic material. These records shall be 27 maintained for five (5) years in the operating record and be available for review by the 28 EA and other duly authorized regulatory agencies. 29 30 Note: 31 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 32 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 33 39730.6, Health and Safety Code. 34 Section 17409.5.8. Incompatible Materials Limit in Recovered Organic Waste. 35 (a) A transfer/processing facility or operation shall only send offsite that organic waste 36 recovered after processing from the source separated organic waste stream and from 37 the mixed waste organic collection stream that meets the following requirements: 38 (1) On and after January 1, 2022 with no more than 20 percent of incompatible 39 material by weight; and 40 (2) On and after January 1, 2024 with no more than 10 percent of incompatible 41 material by weight. 42 (b) The operator shall measure compliance with Subdivision (a) by using the following 43 protocol: 44 2022/06/14 City Council Post Agenda Page 508 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 23 of 127 November 2020 (1) Use the same samples taken to comply with Sections 17409.5.2 and 17409.5.4 1 and the same total weight of each of those samples. 2 (2) For each sample, remove any incompatible material and determine the weight of 3 the incompatibles in that sample. 4 (3) Then determine a ratio of the incompatible material for each type of organic waste 5 in the mixed waste organic collection stream and the source separated organic waste 6 collection waste stream by dividing the total from Subdivision (b)(2) by the total from 7 Subdivision (b)(1). 8 (4) Multiply the ratio determined pursuant to Subdivision (b)(3) for each type of 9 organic waste by the total weight of all of the same type of organic waste separated 10 after processing and destined for end-use, recovery or further processing. 11 (5) Determine the total weight of incompatible materials separated from the mixed 12 waste organic collection stream and from the source separated organic waste stream 13 by adding the sum of all the weights calculated pursuant to Subdivision (b)(4). 14 (6) Determine the ratio of incompatible materials by taking the total weight of 15 incompatible materials determined pursuant to Subdivision (b)(5) and dividing by the 16 sum of the outgoing weights of the materials recovered from the mixed waste organic 17 collection stream and from the source separated organic waste stream. 18 (7) Determine the percentage of incompatible materials by multiplying the ratio 19 determined pursuant to Subdivision (b)(6) by 100. 20 (c) The recovered organic waste stream shall not be subject to Section 17409.5.8(a) if 21 the recovered organic waste is sent to one or more of the following types of facilities 22 that will further process that waste: 23 (1) A transfer/processing facility or operation that complies with Section 17409.5.8(a). 24 (2) A compostable material handling facility or operation that, pursuant to Section 25 17867(a)(16), demonstrates that the percentage of organic waste in the materials 26 sent to disposal is: 27 (A) On and after January 1, 2022, less than 20 percent. 28 (B) On and after January 1, 2024, less than 10 percent. 29 (3) An in-vessel digestion facility or operation that, pursuant to Section 17896.44.1, 30 demonstrates that the percentage of organic waste in the materials sent to disposal 31 is: 32 (A) On and after January 1, 2022, less than 20 percent. 33 (B) On and after January 1, 2024, less than 10 percent. 34 (4) An activity that meets the definition of a recycling center as described in Section 35 17402.5(d). 36 (d) The operator shall conduct a measurement in the presence of the EA when 37 requested. 38 (e) If it is determined by the EA that the measurements do not accurately reflect the 39 records, the EA may require the operator to increase the frequency of measurements, 40 revise the measurement protocol, or both to improve accuracy. 41 (f) For the purposes of this section “disposal” has the same meaning as “Activities that 42 constitute landfill disposal” as defined in Section 18982. 43 Note: 44 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 45 2022/06/14 City Council Post Agenda Page 509 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 24 of 127 November 2020 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 1 Section 39730.6, Health and Safety Code. 2 Section 17409.5.9. Alternatives to Measurement Protocols. 3 (a) The EA may approve, with concurrence by the Department, alternative 4 measurement protocols to the requirements of Sections 17409.5.2, 17409.5.3, 5 17409.5.4, 17409.5.5, 17409.5.7, and 17409.5.8, as long as they will still ensure that 6 the measurements will be as accurate. The Department shall concur with the EA 7 approval if it finds that the alternative measurement protocols will ensure that the 8 measurements will be as accurate. For the purposes of this section, alternative 9 measurement protocols may include, but are not limited to, measurements made with a 10 different sampling frequency and/or weight than those specified in this article. 11 (b) When required by this article, the operator shall report tonnages using a scale. If 12 scales are not accessible, the EA may approve, with written notification to the 13 Department, the operator to report the tonnages using a method described in Section 14 18815.9(g). 15 (c) The EA may approve, with written concurrence by the Department, a substitute to 16 certain requirements to sample and measure specific types of organic waste that are 17 designated for an organic waste recovery activity with a quality standard imposed on the 18 operator by the person, entity, or solid waste facility or operation accepting that organic 19 waste type as specified in this subdivision. The Department shall concur with the EA 20 approval if it verifies that there is a quality standard imposed on the operator by the 21 person, entity, or solid waste facility or operation accepting that organic waste type as 22 specified in this subdivision and that the standard meets the requirements in 23 Subdivision (c)(1)(A) through (G), below. 24 (1) The EA may waive the requirements in Sections 17409.5.2,17409.5.4 and 25 17409.5.8 to sample a type of organic waste that the operator recovered from the 26 source separated organic waste collection stream or from the mixed waste organic 27 collection stream if the following apply: 28 (A) The person, entity, or solid waste facility or operation accepting that organic 29 waste type requires the operator to demonstrate that the presence of incompatible 30 materials in the organic waste type is less than or equal to the level of 31 incompatible materials specified in Section 17409.5.8(a); 32 (B) The person, entity, or solid waste facility or operation accepting that organic 33 waste type requires the operator to demonstrate the presence of incompatible 34 materials through sampling; 35 (C) The sampling protocol that is used to meet the quality standard of the person, 36 entity, or solid waste facility or operation accepting that organic waste type is 37 designed to accurately reveal the percentage of incompatible material by weight 38 that is present in the samples; 39 (D) The end-user and the operator have a contract or written agreement specifying 40 the sampling protocol and the maximum level of incompatible materials allowed in 41 the organic material before it is accepted by the end-user; 42 (E) The contract or written agreement is available for review by the EA; 43 (F) The sampling protocol is at least as effective as the sampling required in 44 Sections 17409.5.2, 17409.5.4 and 17409.5.8; and 45 2022/06/14 City Council Post Agenda Page 510 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 25 of 127 November 2020 (G) The operator allows the EA to observe sampling upon request. 1 (d) An operator that is authorized to substitute a quality standard for sampling 2 requirements as specified in Subdivision (c) for a specific type of recovered organic 3 waste type shall apply the weight of incompatible materials as measured in the quality 4 standard to total weight of that organic waste type for the purposes of determining 5 organic waste recovery efficiency as specified in Section 17409.5.1. 6 Note: 7 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 8 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 9 Section 39730.6, Health and Safety Code. 10 Section 17409.5.10. Solid Waste Handling at Consolidation Sites. 11 (a) Consolidation sites are not subject to the requirements of Sections 17409.5.1 12 through 17409.5.9. 13 (b) Consolidation sites are not subject to the recordkeeping and reporting requirements 14 of Section 17414.2. 15 (c) Consolidation sites shall keep source separated organic waste streams separate 16 from other solid waste streams. 17 (d) Materials shall be transported only to transfer/processing facilities or operations that 18 comply with Section 17409.5.1. 19 Note: 20 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 21 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 22 Section 39730.6, Health and Safety Code. 23 Section 17409.5.10.5. Solid Waste Handling at Co-Located Facilities or 24 Operations. 25 (a) The operator of an attended solid waste facility or operation that is permitted or 26 authorized and accepts a mixed waste organic collection stream, a source separated 27 organic waste collection stream, or both for processing and directly transfers the organic 28 waste recovered from either collection stream to a co-located activity within the 29 boundary of the facility for processing is subject to the following requirements: 30 (1) If sampling performed pursuant to Section 17409.5.3, 17409.5.5, 17867, or 31 17896.44.1, whichever is applicable, demonstrates the percent of the material 32 removed for disposal that is organic waste is less than the percent specified in 33 Section 17409.5.8(c)(2) then only the organic waste that is sent off-site for further 34 processing and landfill disposal are subject to the requirements of Sections 35 17409.5.1 through 17409.5.8. 36 (2) If sampling performed pursuant to Section 17409.5.3, 17409.5.5, 17867, or 37 17896.44.1, whichever is applicable, demonstrates that the percent of the material for 38 disposal that is organic waste is more than the percent specified in Section 39 17409.5.8(c)(2) then the organic waste removed after processing and sent for further 40 processing on-site or off-site and landfill disposal are subject to the requirements of 41 Sections 17409.5.1 through 17409.5.8. 42 2022/06/14 City Council Post Agenda Page 511 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 26 of 127 November 2020 1 Note: 2 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 3 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 4 Section 39730.6, Health and Safety Code. 5 6 Section 17409.5.11. Remnant Organic Material Separated From Gray Container 7 Processing. 8 (a) Remnant organic material separated from the gray container collection stream for 9 recovery is not subject to the requirements of Sections 17409.5.1 and 17409.5.8. 10 (1) Remnant organic material removed from the gray container collection stream for 11 recovery can be combined with organic material removed from the source separated 12 organic waste collection stream for recovery once the material from the source 13 separated organic waste collection stream has gone through the measurement 14 protocol described in Section 17409.5.4. 15 Note: 16 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 17 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 18 Section 39730.6, Health and Safety Code. 19 Section 17409.5.12. Transfer/Processing EA Verification Requirements. 20 (a) The operator shall provide the EA all requested information and other assistance so 21 that the EA can verify that the measurements conducted by the operator are consistent 22 with the requirements of Sections 17409.5.2, 17409.5.3, 17409.5.4, 17409.5.5, 23 17409.5.7, and 17409.5.8. 24 (b) The EA shall conduct such verification through: 25 (1) The review of records required by Section 17414.2; and 26 (2) The periodic, direct observation of measurements at a frequency necessary to 27 ensure that the operator is performing such measurements in a manner consistent 28 with Sections 17409.5.2, 17409.5.3, 17409.5.4, 17409.5.5, 17409.5.7, and 29 17409.5.8. 30 (c) If, at any time, the EA determines that the records under Section 17414.2(b) indicate 31 that compostable material is sent offsite to any destination(s) other than an authorized 32 permitted solid waste facility or operation, the EA shall directly observe any 33 compostable material onsite designated for such offsite destination(s). If physical 34 contaminants, based on visual observation, clearly exceed the limits in Section 35 17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 36 37 Note: 38 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 39 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 40 Section 39730.6 Health and Safety Code. 41 2022/06/14 City Council Post Agenda Page 512 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 27 of 127 November 2020 Article 6.3. Record Keeping Requirements 1 Section 17414.2. Recordkeeping and Reporting Requirements - Organic Waste 2 Recovery. 3 (a) The operator shall keep the following records: 4 (1) The results of each sample conducted pursuant to Sections 17409.5.2, 5 17409.5.3, 17409.5.4, 17409.5.5, 17409.5.7, and 17409.5.8. 6 (2) The daily outgoing weights of material recovered from the mixed organic waste 7 stream. 8 (3) The daily outgoing weights of materials removed from the mixed organic waste 9 stream and sent to landfill disposal. 10 (4) The daily outgoing weights of material recovered from the source separated 11 organic waste stream. 12 (5) The daily outgoing weights of material removed from the source separated, 13 organic-waste stream and sent to landfill disposal. 14 (6) The daily incoming weights of mixed organic waste. 15 (7) The daily incoming weights of source separated organic waste. 16 (8) The results of the formula calculated pursuant to Section 17409.5.8(b)(7). 17 (9) If the operator complies with the incompatible material requirements in Section 18 17409.5.8 by sending material to a facility that meets the requirements of Section 19 17409.5.8(c), the operator shall keep a record of: 20 (A) The name, address, location, and if applicable the RDRS number, of each 21 facility that material is sent to. 22 (B) The daily outgoing weights of material sent to each facility by type. 23 (10) The results of the waste evaluations conducted pursuant to Section 17409.5.7. 24 (A) A copy of the notification if the waste evaluation was performed at an 25 alternative solid waste facility. 26 (b) The operator shall record and maintain the following records regarding compostable 27 material that is sent offsite to any destination(s) other than an authorized permitted solid 28 waste facility or operation: 29 (1) The level of incompatible materials in that material as measured pursuant to 30 17409.5.8; and 31 (2) The total weights of that material per day. 32 (c) The records required in Subdivisions (a) and (b) shall be: 33 (1) Adequate for overall planning and control purposes. 34 (2) As current and accurate as practicable. 35 (d) All records required by this article shall be kept by the operator in one location and 36 accessible for five (5) years and shall be available for inspection by the EA and other 37 duly authorized regulatory agencies during normal working hours. 38 (e) The operator shall submit copies of specified records to the EA upon request or at a 39 frequency approved by the EA. 40 (f) Each operator shall maintain records in accordance with Title 14, California Code of 41 Regulations, Division 7, Chapter 9, Article 9.25, Section 18815.1 et. seq. The records 42 shall be available for inspections as authorized by that article during normal business 43 hours and retained in the operating record near the site or in an alternative location 44 approved by the EA. 45 2022/06/14 City Council Post Agenda Page 513 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 28 of 127 November 2020 Note: 1 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 2 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 3 Section 39730.6, Health and Safety Code. 4 Chapter 3.1. Composting Operations Regulatory 5 Requirements 6 Article 2. Regulatory Tiers for Composting Operations and Facilities. 7 Section 17855. Excluded Activities. 8 (a) Except as provided otherwise in this Chapter, the activities listed in this section do 9 not constitute compostable material handling operations or facilities and are not 10 required to meet the requirements set forth herein. Nothing in this section precludes the 11 EA or the Department from inspecting an excluded activity to verify that the activity is 12 being conducted in a manner that qualifies as an excluded activity or from taking any 13 appropriate enforcement action. 14 (1) An activity is excluded if it handles agricultural material, derived from an 15 agricultural site, and returns a similar amount of the material produced to that same 16 agricultural site, or an agricultural site owned or leased by the owner, parent, or 17 subsidiary of the composting activity. No more than an incidental amount of up to 18 1,000 cubic yards of compost product may be given away or sold annually. 19 (2) Vermicomposting is an excluded activity. The handling of compostable material 20 prior to and after its use as a growth medium during the vermicomposting process is 21 not an excluded activity and is subject to the requirements of this chapter or the 22 Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, 23 California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is 24 applicable, as follows: 25 (A) when the compostable material is active compost or is likely to become active 26 compost, as determined by the EA, the requirements of this chapter apply; 27 (B) at all other times when it is not being used as a growth medium during 28 vermicomposting, the compostable material is subject to the Transfer/Processing 29 Operations and Facilities Regulatory Requirements. 30 (3) Mushroom farming is an excluded activity. The handling of compostable material 31 prior to and after its use as a growth medium during the mushroom farming process 32 is not an excluded activity and is subject to the requirements of this chapter or the 33 Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, 34 California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is 35 applicable, as follows: 36 (A) when the compostable material is active compost or is likely to become active 37 compost, as determined by the EA, the requirements of this chapter apply; 38 (B) at all other times when it is not being used as a growth medium during 39 mushroom farming, the compostable material is subject to the Transfer/Processing 40 Operations and Facilities Regulatory Requirements. 41 2022/06/14 City Council Post Agenda Page 514 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 29 of 127 November 2020 (4) Composting green material, agricultural material, food material, and vegetative 1 food material, alone or in combination, is an excluded activity if the total amount of 2 feedstock and compost on-site at any one time does not exceed 100 cubic yards and 3 750 square feet.[Note: Persons handling compostable material under the above 4 exclusion are obligated to obtain all permits, licenses, or other clearances that may 5 be required by other regulatory agencies including, but not limited to local health 6 entities and local land use authorities.] 7 (5) The handling of compostable materials is an excluded activity if: 8 (A) the activity is located at a facility (i.e., landfill or transfer/processing facility) that 9 has a tiered or full permit as defined in section 18101, 10 1.has a Report of Facility Information which is completed and submitted to the 11 EA that identifies and describes the activity and meets the requirements of 12 Titles 14 or 27; and, 13 2.will only use the material on the facility site, or 14 (B) the activity is solely for the temporary storage of biosolids sludge at a Publicly 15 Owned Treatment Works (POTW), or 16 (C) the activity is located at the site of biomass conversion and is for use in 17 biomass conversion as defined in Public Resources Code section 40106; or 18 (D) the activity is part of a silvicultural operation or a wood, paper, or wood product 19 manufacturing operation; or 20 (E) the activity is part of an agricultural operation and is used to temporarily store 21 or process agricultural material not used in the production of compost or mulch; or 22 (F) the activity is part of an operation used to chip and grind materials derived from 23 and applied to lands owned or leased by the owner, parent, or subsidiary of the 24 operation; or 25 (G) the activity is part of an agricultural operation used to chip and grind 26 agricultural material produced on lands owned or leased by the owner, parent, or 27 subsidiary of the agricultural operation, for use in biomass conversion; or 28 (H) the activity is part of a licensed animal food manufacturing or a licensed 29 rendering operation. An activity that is a licensed animal food manufacturing 30 activity, or a rendering activity which is authorized by the California Department of 31 Food and Agriculture pursuant to Section 19300 of the Food and Agricultural 32 Code, and in which no solid waste feedstock bypasses the manufacturing or 33 rendering process; or 34 (I) the activity is the storage of yard trimmings at a publicly designated site for the 35 collection of lot clearing necessary for fire protection provided that the public 36 agency designating the site has notified the fire protection agency; or 37 (J) the materials are handled in such a way to preclude their reaching 38 temperatures at or above 122 degrees Fahrenheit as determined by the EA; or 39 (6) Storage of bagged products from compostable material is an excluded activity 40 provided that such bags are no greater than 5 cubic yards. 41 Note: 42 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 43 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 44 39730.6, Health and Safety Code. 45 2022/06/14 City Council Post Agenda Page 515 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 30 of 127 November 2020 Article 6. Composting Operating Standards 1 Section 17867. General Operating Standards. 2 (a) All compostable materials handling operations and facilities shall meet the following 3 requirements: 4 (1) All handling activities are prohibited from composting any material specified in 5 section 17855.2 of this Chapter. 6 (2) All handling activities shall be conducted in a manner that minimizes odor impacts 7 so as to not cause a nuisance. 8 (3) All handling activities shall be conducted in a manner that minimizes vectors, 9 litter, hazards, nuisances, and noise impacts; and minimizes human contact with, 10 inhalation, ingestion, and transportation of dust, particulates, and pathogenic 11 organisms. 12 (4) Random load checks of feedstocks, additives, and amendments for contaminants 13 shall be conducted. 14 (5) Contamination of compostable materials that has undergone pathogen reduction, 15 pursuant to section 17868.3 of this Chapter, with feedstocks, compost, or wastes that 16 have not undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, 17 or additives shall be prevented. 18 (6) Unauthorized human or animal access to the facility shall be prevented. 19 (7) Traffic flow into, on, and out of the composting operation or facility shall be 20 controlled in a safe manner. 21 (8) All compostable materials handling operations and facilities that are open for 22 public business shall post legible signs at all public entrances. These signs shall 23 include the following information: 24 (A) name of the operation or facility, 25 (B) name of the operator, 26 (C) facility hours of operation, 27 (D) materials that will and will not be accepted, if applicable, 28 (E) schedule of charges, if applicable, and 29 (F) phone number where operator or designee can be reached in case of an 30 emergency. 31 (9) The operator shall provide fire prevention, protection and control measures, 32 including, but not limited to, temperature monitoring of windrows and piles, adequate 33 water supply for fire suppression, and the isolation of potential ignition sources from 34 combustible materials. Firelanes shall be provided to allow fire control equipment 35 access to all operation areas. 36 (10) The operator shall provide telephone or radio communication capability for 37 emergency purposes. 38 (11) Physical Contaminants and refuse removed from feedstock, compost, or chipped 39 and ground material shall be removed from the site within 7 days and transported to 40 an appropriate facility. 41 (12) Enclosed operations and facilities shall provide ventilation to prevent adverse 42 public health effects from decomposition gases. 43 (13) The operator shall ensure that leachate is controlled to prevent contact with the 44 public. 45 2022/06/14 City Council Post Agenda Page 516 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 31 of 127 November 2020 (14) The operator shall prevent or remove physical contaminants in compost and 1 chipped and ground materials that may cause injury to humans. 2 (15) An attendant shall be on duty during business hours if the operation or facility is 3 open to the public. 4 (16) The operator shall determine the quarterly percentage of organic waste 5 contained in materials sent to landfill disposal. 6 (A) To determine the percentage, the operator shall measure the amount of 7 organic waste by weight present in the materials sent to landfill disposal. 8 1.The measurements required pursuant to this section shall be conducted at the 9 following frequency: 10 i. For each reporting period, the operator shall perform the sampling protocol 11 required in Subdivision (a)(16)(B) over at least ten (10) consecutive operating 12 days. 13 ii. An operator may use the results of samples conducted over a period of 14 more than 10 days if the following apply: 15 1. If less than 10 additional days are sampled in the reporting period, the 16 additional operating days where sampling is performed shall be a 17 consecutive continuation of the original 10 consecutive days of sampling. 18 2. If 10 additional operating days or more are selected for sampling, the 19 additional operating days shall be conducted on consecutive days but may 20 be performed during a different part of the reporting period and are not 21 required to be a continuation of the original 10 operating days. 22 (B) The operator shall comply with Subdivision (a)(16)(A) by using the following 23 protocol: 24 1. Take one sample of at least two hundred (200) pounds of the materials that 25 the operation or facility is sending to landfill disposal on that operating day. 26 Each sample shall be: 27 i. Representative of a typical operating day; and 28 ii. A random, composite sample taken either from various times during the 29 operating day or from various locations within the pile(s) of material that will 30 be sent to disposal. 31 2. Record the weight of the sample. If the total weight of material sent to landfill 32 disposal in a single operating day is less than 200 pounds, the operator shall 33 sample all of the material that is sent to landfill disposal that day. 34 3. Remove any material that is not organic waste and determine the remaining 35 weight of the organic waste in the sample. 36 4. Then determine the ratio of organic waste present in the materials removed 37 for landfill disposal by dividing the total from Subdivision (a)(16)(B)3 by the total 38 from Subdivision (a)(16)(B)2. 39 5. Determine the total weight of organic waste that is sent to landfill disposal by 40 multiplying the ratio determined pursuant to Subdivision (a)(16)(B)4 by the total 41 weight of the materials sent to landfill disposal. 42 6. Determine the sum of outgoing weights of organic waste present in the 43 materials that is sent to landfill disposal as determined pursuant to Subdivision 44 (a)(16)(B)5. 45 2022/06/14 City Council Post Agenda Page 517 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 32 of 127 November 2020 7. Determine the ratio of organic waste sent to landfill disposal by dividing the 1 total from Subdivision (a)(16)(B)6 by the total outgoing weights of material that 2 is sent to landfill disposal. 3 8. Determine the percentage of organic waste present in the material sent to 4 landfill disposal by multiplying the ratio as determined pursuant to Subdivision 5 (a)(16)(B)7 by 100. 6 (C) The operator shall conduct a measurement in the presence of the EA when 7 requested. 8 (D) If it is determined by the EA that the measurements do not accurately reflect 9 the records, the EA may require the operator to increase the frequency of 10 measurements, revise the measurement protocol, or both to improve accuracy. 11 (E) An alternative measurement protocol for determining the amount of organic 12 waste sent to landfill disposal may be approved by the EA, with concurrence by 13 the Department. For the purposes of this section, alternative measurement 14 protocols may include, but are not limited to, measurements made with a different 15 sampling frequency and/or weight than those specified in this article. The 16 Department shall concur with EA approval if it finds that the alternative 17 measurement protocol will ensure that the measurements will be as accurate as 18 those in Subsection (a)(16)(A) and (B), above. 19 (F) For the purposes of the measurements required by this Subdivision, organic 20 waste that are textiles, carpet, hazardous wood waste, non-compostable paper, 21 human or pet waste, and material subject to a quarantine on movement issued by 22 a county agricultural commissioner, is not required to be measured as organic 23 waste. 24 (G) Organic waste sent to an activity listed in Section 18983.1(a) shall constitute 25 landfill disposal. 26 Note: 27 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 28 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 29 39730.6, Health and Safety Code. 30 Article 8. Composting Operation and Facility Records 31 Section 17869. General Record Keeping and Reporting Requirements. 32 Except as provided in subsection (d), all compostable materials handling operations and 33 facilities shall meet the following requirements: 34 (a) All records required by this Chapter shall be kept in one location and accessible for 35 five (5) years and shall be available for inspection by authorized representatives of the 36 Department, EA, local health entity, and other duly authorized regulatory and EAs 37 during normal working hours. 38 (b) The operator shall record any special occurrences encountered during operation and 39 methods used to resolve problems arising from these events, including details of all 40 incidents that required implementing emergency procedures. 41 (c) The operator shall record any public complaints received by the operator, including: 42 (1) the nature of the complaint, 43 2022/06/14 City Council Post Agenda Page 518 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 33 of 127 November 2020 (2) the date the complaint was received, 1 (3) if available, the name, address, and telephone number of the person or persons 2 making the complaint, and 3 (4) any actions taken to respond to the complaint. 4 (d) The operator shall record the quantity and type of feedstock received and quantity of 5 compost and chipped and ground material produced. maintain records listed in this 6 subdivision in a form and manner approved by the EA. Agricultural compostable 7 materials handling operations shall maintain records only for compostable material 8 accepted from off-site. Such records shall be adequate for overall planning and control 9 purposes and be as current and accurate as practicable. The records shall be 10 maintained for five (5) years in the operating record and be available for review by the 11 appropriate jurisdiction of origin, haulers, and other duly authorized regulatory agencies. 12 (e) The operator shall maintain the following records under this section 13 (1) The quarterly percentage of organic waste contained in materials sent to landfill 14 disposal as calculated pursuant to Section 17867(a)(16). 15 (2) Daily outgoing weights of material sent to disposal. 16 (3) Daily outgoing weights of compost or chipped and ground material produced. 17 (4) Daily incoming weights by material type. 18 (5) The weight of compostable material sent offsite to any destination(s) other than 19 an authorized permitted solid waste facility or operation. 20 (e) The operator shall record the number of load checks performed and loads rejected. 21 (f) The operator shall record all test results generated by compliance with Article 7 of 22 this Chapter, including but not limited to, metal concentrations, physical contamination 23 limits, fecal coliform and Salmonella sp. densities, temperature measurements, and 24 dates of windrow turnings; chipping and grinding operations and facilities must record 25 the determinations of the percentage of physical contaminants required by 17862.1(d). 26 (1) The operator shall retain records detailing pathogen reduction methods. 27 (g) The operator shall record and retain records of any serious injury to the public 28 occurring on-site and any complaint of adverse health effects to the public attributed to 29 operations. Serious injury means any injury that requires inpatient hospitalization for a 30 period in excess of 24 hours or in which a member of the public suffers a loss of any 31 member of the body or suffers any degree of permanent disfigurement. 32 (h) The operator shall retain a record of training and instruction completed in 33 accordance with section 17867.5. 34 (i) Each operator shall maintain records in accordance with Title 14, California Code of 35 Regulations, Division 7, Chapter 9, Article 9.25, Section 18815.1 et. seq. The records 36 shall be available for inspections as authorized by that article during normal business 37 hours and retained in the operating record near the site or in an alternative location 38 approved by the Local Enforcement Agency. 39 (j) The operator shall provide the EA all requested information and other assistance so 40 that the EA can verify that the measurements conducted by the operator are consistent 41 with the requirements of Section 17867(a)(16). The EA shall conduct such verification 42 through: 43 (1) The review of records required by this section; and 44 2022/06/14 City Council Post Agenda Page 519 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 34 of 127 November 2020 (2) The periodic, direct observation of measurements at a frequency necessary to 1 ensure that the operator is performing such measurements in a manner consistent 2 with this section. 3 (k) If, at any time, the EA determines that the records required by this section indicate 4 that compostable material is sent offsite to any destination(s) other than an authorized 5 permitted solid waste facility or operation, the EA shall directly observe any 6 compostable material onsite designated for such offsite destination(s). If physical 7 contaminants, based on visual observation, clearly exceed the limits in Section 8 17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 9 Note: 10 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 11 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 12 39730.6, Health and Safety Code. 13 14 Chapter 3.2. In-Vessel Digestion Operations and Facilities 15 Regulatory Requirements 16 Article 1. In-Vessel Digestion Operations and Facilities Regulatory 17 Requirements 18 Section 17896.6. Excluded Activities. 19 (a) The activities listed in this section are not subject to the in-vessel digestion 20 requirements set forth in this Chapter. Nothing in this section precludes the EA or the 21 Department from inspecting an excluded activity to verify that the activity is being 22 conducted in a manner that qualifies as an excluded activity or from taking any 23 appropriate enforcement action. 24 (1) A Publicly Owned Treatment Works Treatment Plant (POTW Treatment Plant), as 25 defined in section 403.3(r) of Title 40 of the Code of Federal Regulations, that receives 26 vehicle-transported solid waste that is an anaerobically digestible material for the 27 purpose of anaerobic co-digestion with POTW Treatment Plant wastewater, is excluded 28 under the following conditions: 29 (A) Anaerobically digestible materials must be trucked or hauled into a POTW 30 Treatment Plant. Once on-site, the anaerobically digestible material must be pumped or 31 off-loaded directly into a covered, leak-proof container and then pumped, or diluted or 32 slurried and then pumped, and co-digested in an anaerobic digester(s) at the POTW 33 Treatment Plant. The pumped material may be screened, otherwise separated or 34 treated prior to anaerobic digestion, but must be processed and conveyed in a 35 contained system. Any separated material at the POTW that is not suitable for 36 anaerobic digestion and has no beneficial use shall be further managed as a solid 37 waste. 38 (B) The POTW Treatment Plant has developed Standard Operating Procedures for the 39 acceptance of anaerobically digestible material, the POTW Treatment Plant has notified 40 the Regional Water Quality Control Board that those Standard Operating Procedures 41 2022/06/14 City Council Post Agenda Page 520 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 35 of 127 November 2020 are being implemented, and a Standard Provision (permit condition) that reflects the 1 acceptance of anaerobically digestible material: 2 1. has been incorporated into the POTW Treatment Plant's Waste Discharge 3 Requirements or National Pollutant Discharge Elimination System permit; or 4 2. will be incorporated into the POTW Treatment Plant's Waste Discharge 5 Requirements or National Pollutant Discharge Elimination System permit no later than 6 the next permit renewal. 7 (C) For the purpose of this exclusion, “anaerobically digestible material” means: inedible 8 kitchen grease as defined in section 19216 of the Food and Agricultural Code, food 9 material as defined in Title 14, CCR, section 17896.2(a)(12) and vegetative food 10 material as defined in Title 14, CCR, section 17896.2(a)(12)(A). 11 (D) For the purpose of this exclusion, the Department, in consultation with the State 12 Water Resources Control Board and the California Department of Food and Agriculture, 13 will on a case-by-case basis, review and consider approval of additional types of 14 organic materials as potential “anaerobically digestible material” beyond those specified 15 in section 17896.6(a)(1)(C) in accordance with the following: 16 1. Receipt of a written request to the Department from the General Manager or 17 designee of a POTW Treatment Plant. 18 a. The written request must contain the following information: 19 i. The purpose of the request. 20 ii. Identification of the POTW Treatment Plant proposing to anaerobically co-digest the 21 organic waste material with the POTW wastewater. 22 iii. Types of organic material requested for classification as an anaerobically digestible 23 material. 24 iv. The source(s) of the waste material. 25 v. A description of how the waste material will be handled, processed, stored and 26 transported (before and after receipt at the POTW Treatment Plant). 27 vi. A map identifying all proposed physical changes proposed at the POTW Treatment 28 Plant to accommodate the new waste materials. 29 vii. Available laboratory test results, engineering reports, research or study to support 30 the request. 31 viii. Data and/or reports if this waste material has been used without incident at a 32 different POTW Treatment Plant. 33 ix. The name, addresses and phone numbers for the General Manager and designee of 34 the POTW Treatment Plant. 35 b. Upon receipt of the written request, the Department will communicate and coordinate 36 the request with and between the State Water Resources Control Board and the 37 California Department of Food and Agriculture and will complete the following actions: 38 i. Within 10 days of receipt, send written confirmation to the General Manager and 39 designee of the POTW Treatment Plant indicating receipt of the letter and distribute the 40 letter to appropriate Department staff, as well as to the State Water Resources Control 41 Board and California Department of Food and Agriculture staff contacts for review; 42 ii. Within 15 days of receipt, schedule a meeting with State Water Resources Control 43 Board and California Department of Food and Agriculture staff contacts; 44 iii. Prior to the meeting, Department staff will review the letter and identify questions 45 and/or issues with the request and make a list of recommendations; 46 2022/06/14 City Council Post Agenda Page 521 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 36 of 127 November 2020 iv. Within 40 days of receipt, conduct a meeting on the request. If an agency 1 representative does not attend the meeting, comments will be accepted by the 2 Department up to close of business on the 45th day after receipt; 3 v. Within 60 days of receipt, the Department will provide a written decision to the 4 General Manager and designee of the POTW Treatment Plant stating one of the 5 following: 6 I. The waste type has or has not been determined to be an anaerobically digestible 7 material excluded from both the In-Vessel Digestion Operations and Facilities 8 Regulatory Requirements (pursuant to section 17896.6(a)(1)(C) and the 9 Transfer/Processing Operations and Facility Regulatory Requirements (pursuant to 10 section 17403.1(a)(8)); 11 II. The agencies, based on the information provided, were unable to reach a 12 determination and additional information is required before a determination can be 13 made; or 14 III. The agencies have determined that additional research or study will need to be 15 conducted and the results analyzed prior to a determination made by the agencies. 16 IV. If additional information, research or study is necessary, the Department will consult 17 with the General Manager or designee of the POTW, the State Water Resources 18 Control Board and California Department of Food and Agriculture contacts, for the 19 purpose of developing a timeline for either reviewing the additional information or for 20 reviewing a proposed scope of work and timeline for additional research or study. 21 2. For the purpose of this exclusion, if an organic waste material is determined by the 22 Department to be an anaerobically digestible material for the purpose of co-digestion 23 with the POTW wastewater, the POTW Treatment Plant must comply with section 24 17896.6(a)(1)(A) prior to receipt of the material at the POTW Treatment Plant. 25 (2) In-vessel digestion of agricultural material derived from an agricultural site and the 26 digestate or compost produced from digestate is returned to that same agricultural site, 27 or an agricultural site owned or leased by the owner, parent, or subsidiary of the 28 agricultural site on which the in-vessel digester is located. No more than an incidental 29 amount of up to 1,000 cubic yards of compost produced from digestate may be given 30 away or sold annually. Digestate that is not composted may not be given away or sold. 31 (3) In-vessel digestion at a dairy involving the co-digestion of manure with agricultural 32 material derived on-site, imported agricultural material, and/or imported vegetative food 33 material in accordance with Waste Discharge Requirements issued by a Regional 34 Water Quality Control Board. 35 (A) Any imported materials delivered to the dairy must be pumped or off-loaded directly 36 into a covered, leak-proof container and then pumped, or diluted or slurried and then 37 pumped, and co-digested in an in-vessel digester at a dairy. The pumped material may 38 be screened, otherwise separated or treated prior to in-vessel digestion, but must be 39 processed and conveyed in a contained system. Any separated material at the dairy 40 that is not suitable for in-vessel digestion and has no beneficial use shall be further 41 managed as a solid waste. 42 (B) No more than an incidental amount of up to 1,000 cubic yards of compost produced 43 from digestate may be given away or sold annually. Digestate that is not composted 44 may not be given away or sold. 45 2022/06/14 City Council Post Agenda Page 522 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 37 of 127 November 2020 (4) In-vessel digestion activities with less than a total of 100 cubic yards of solid waste, 1 feedstock, and digestate on-site are excluded. 2 [NOTE: Persons handling solid waste under the above exclusion are obligated to obtain 3 all permits, licenses, or other clearances that may be required by other regulatory 4 agencies including, but not limited to local health entities and local land use authorities.] 5 (5) Rendering activities, authorized by the California Department of Food and 6 Agriculture pursuant to section 19300 of the Food and Agricultural Code, or an activity 7 that is a licensed animal food manufacturing activity, and in which no solid waste 8 feedstock bypasses the rendering process. 9 (6) Other discrete handling activities that are already subject to more stringent handling 10 requirements under Federal or State law, as determined by the EA in consultation with 11 the Department, are excluded. 12 Note: 13 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 14 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 15 Section 39730.6, Health and Safety Code. 16 Article 3. Operating Standards for In-Vessel Digestion Operations and 17 Facilities 18 Section 17896.44.1. Measuring Organic Waste in Material Sent to Disposal. 19 (a) The operator shall determine the quarterly percentage of organic waste contained in 20 materials sent to landfill disposal. 21 (1) To determine the percentage, the operator shall, measure the amount of organic 22 waste by weight present in the materials sent to landfill disposal. 23 (A) The measurements required pursuant to this section shall be conducted at the 24 following frequency: 25 1. For each reporting period, the operator shall perform the sampling protocol 26 required in Subdivision (a)(2) over at least ten (10) consecutive operating days. 27 2. An operator may use the results of samples conducted over a period of more 28 than 10 days if the following apply: 29 i. If less than 10 additional days are sampled in the reporting period, the 30 additional operating days where sampling is performed shall be a 31 consecutive continuation of the original 10 consecutive days of sampling. 32 ii. If 10 additional operating days or more are selected for sampling, the 33 additional operating days shall be conducted on consecutive days but may 34 be performed during a different part of the reporting period and are not 35 required to be a continuation of the original 10 operating days. 36 (2) The operator shall comply with Subdivision (a)(1) by using the following protocol: 37 (A) Take one sample of at least two hundred (200) pounds of the materials that the 38 operation or facility is sending to landfill disposal on that operating day. Each 39 sample shall be: 40 1.Representative of a typical operating day; and 41 2022/06/14 City Council Post Agenda Page 523 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 38 of 127 November 2020 2. A random, composite sample taken either from various times during the 1 operating day or from various locations within the pile(s) of material that will be 2 sent to disposal. 3 (B) Record the weight of the sample. If the total weight of material sent to landfill 4 disposal in a single operating day is less than 200 pounds, the operator shall 5 sample all of the material that is sent to landfill disposal that day. 6 (C) Remove any material that is not organic waste and determine the remaining 7 weight of the organic waste in the sample. 8 (D) Then determine the ratio of organic waste present in the materials removed for 9 landfill disposal by dividing the total from Subdivision (a)(2)(C) by the total from 10 Subdivision (a)(2)(B). 11 (E) Determine the total weight of organic waste that is sent for landfill disposal by 12 multiplying the ratio determined pursuant to Subdivision (a)(2)(D) by the total 13 weight of the materials removed for landfill disposal from the source separated 14 organic waste collection stream after processing. 15 (F) Determine the sum of outgoing weights of organic waste present in material 16 that is sent to landfill disposal as determined pursuant to Subdivision (a)(2)(E). 17 (G) Determine the ratio of organic waste present in the material sent to landfill 18 disposal by dividing the total from Subdivision (a)(2)(F) by the total monthly 19 outgoing weights of residuals removed that is sent for landfill disposal. 20 (H) Determine the percentage of organic waste present in the material sent to 21 landfill disposal by multiplying the monthly ratio as determined pursuant to 22 Subdivision (a)(2)(G) by 100. 23 (b) The operator shall conduct a measurement in the presence of the EA when 24 requested. 25 (c) If it is determined by the EA that the measurements do not accurately reflect the 26 records, the EA may require the operator to increase the frequency of measurements, 27 revise the measurement protocol, or both to the improve accuracy. 28 (d) An alternative measurement protocol for determining the amount of organic waste 29 contained in the residual may be approved by the EA, with concurrence by the 30 Department. For the purposes of this section, alternative measurement protocols may 31 include, but are not limited to, measurements made with a different sampling frequency 32 and/or weight than those specified in this article. The Department shall concur with EA 33 approval if it finds that the alternative measurement protocol will ensure that the 34 measurements will be as accurate as those described in Subsection (a)(1) and (2), 35 above. 36 (e) Organic waste that are textiles, carpet, hazardous wood waste, non-compostable 37 paper and material subject to a quarantine on movement issued by a county agricultural 38 commissioner is not required to be measured as organic waste. 39 (f) Organic waste sent to an activity listed in Section 18983.1(a) shall constitute landfill 40 disposal. 41 Note: 42 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 43 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 44 Section 39730.6, Health and Safety Code. 45 2022/06/14 City Council Post Agenda Page 524 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 39 of 127 November 2020 Article 4. Record Keeping Requirements. 1 Section 17896.45. Record Keeping and Reporting Requirements. 2 Each operator shall meet the following requirements: 3 (a) Each operator shall maintain records of incoming weights or volumes and outgoing 4 salvage or residual weights or volumes listed in this subdivision in a form and manner 5 approved by the EA. Such records shall besubmitted to the EA or the Department upon 6 request; be adequate for overall planning and control purposes; and, be as current and 7 accurate as practicable. 8 (1) The quarterly percentage of organic waste contained in material sent to landfill 9 disposal as calculated pursuant to Section 17896.44.1. 10 (2) The outgoing weights or volumes of material sent to disposal. 11 (3) Daily outgoing weights or volumes of organic waste recovered and produced. 12 (4) Daily outgoing weights or volumes of salvaged materials. 13 (5) Daily incoming weights of material. 14 (6) The weight of compostable material sent offsite to any destination(s) other than 15 an authorized permitted solid waste facility or operation. 16 (b) All records required by this Chapter shall be kept by the operator in one location and 17 accessible for five (5) years and shall be available for inspection by the EA and other 18 duly authorized regulatory agencies during normal working hours. 19 (c) The operator shall submit copies of specified records to the EA upon request or at a 20 frequency approved by the EA; 21 (d) The operator shall maintain a daily log book or file of special occurrences 22 encountered during operations and methods used to resolve problems arising from 23 these events, including details of all incidents that required implementing emergency 24 procedures. Special occurrences shall include but are not limited to: fires, injury and 25 property damage, accidents, explosions, receipt or rejection of prohibited wastes, lack 26 of sufficient number of personnel pursuant to section 17896.42, flooding, earthquake 27 damage and other unusual occurrences. In addition, the operator shall notify the EA by 28 telephone within 24 hours of all incidents requiring the implementation of emergency 29 procedures, unless the EA determines that a less immediate form of notification will be 30 sufficient to protect public health and safety and the environment; 31 (e) The operator shall record any written public complaints received by the operator, 32 including: 33 (1) the nature of the complaint, 34 (2) the date the complaint was received, 35 (3) if available, the name, address, and telephone number of the person or persons 36 making the complaint, and 37 (4) any actions taken to respond to the complaint; 38 (f) The operator shall maintain a copy of the written notification to the EA and local 39 health agency of the name, address and telephone number of the operator or other 40 person(s) responsible for the operations as required by section 17896.42; 41 (g) The operator shall maintain records of employee training as required by section 42 17896.43; 43 (h) all in-vessel digestion operations and facilities shall maintain records as required by 44 section 18809 et seq. 45 2022/06/14 City Council Post Agenda Page 525 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 40 of 127 November 2020 (i) The operator shall record all test results generated by compliance with Article 6 of 1 this Chapter, including but not limited to, metal concentrations, physical contamination 2 limits, fecal coliform and Salmonella sp. densities, temperature measurements, and 3 dates of windrow turnings. 4 (1) The operator shall retain records detailing pathogen reduction methods. 5 (j) Each operator shall maintain records in accordance with Title 14, California Code of 6 Regulations, Division 7, Chapter 9, Article 9.25, Section 18815 et. seq. The records 7 shall be available for inspections as authorized by that article during normal business 8 hours and retained in the operating record near the site or in an alternative location 9 approved by the Local Enforcement Agency. 10 (k) The operator shall provide the EA all requested information and other assistance so 11 that the EA can verify that the measurements conducted by the operator are consistent 12 with the requirements of Sections 17896.44.1. The EA shall conduct such verification 13 through: 14 (1) The review of records required by this section; and 15 (2) The periodic, direct observation of measurements at a frequency necessary to 16 ensure that the operator is performing such measurements in a manner consistent 17 with this section. 18 (l) If, at any time, the EA determines that the records required by this section indicate 19 that compostable material is sent offsite to any destination(s) other than an authorized 20 permitted solid waste facility or operation, the EA shall directly observe any 21 compostable material onsite designated for such offsite destination(s). If physical 22 contaminants, based on visual observation, clearly exceed the limits in Section 23 17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 24 Note: 25 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 26 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 27 Section 39730.6, Health and Safety Code. 28 Article 6. Digestate Handling Standards 29 17896.57. Digestate Handling. 30 (a) Digestate not contained in an in-vessel digester shall, within 24 hours, be: 31 (1) stored or processed on-site in a sealed container or sealed structure unless the 32 EA approves an alternative handling method after determining the alternative method 33 will not pose an additional risk to public health and safety or the environment; or 34 (2) incorporated in an on-site aerobic compost process. 35 (A) On-site aerobic composting of digestate is allowable only at large volume in-36 vessel digestion facilities that have obtained an In-vessel Digestion Facility Permit 37 pursuant to section 17896.13. 38 (B) All in-vessel digestion facilities that compost on-site shall comply with the 39 sampling requirements of section 17896.58, maximum metal concentrations 40 requirements of section 17896.59, the maximum acceptable pathogen 41 concentrations requirements of section 17896.60(b)(1), and physical 42 contamination limits of section 17896.61; or 43 2022/06/14 City Council Post Agenda Page 526 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 41 of 127 November 2020 (3) removed from the site and eitherone of the following: 1 (A) transported only to another solid waste facility or operation for additional 2 processing, composting, or disposal; or 3 1. Digestate that is transported to another solid waste facility or operation for 4 additional processing or composting shall only be transported to one of the 5 following facilities: 6 i. A transfer/processing facility or operation that complies with Section 7 17409.5.8(a); or 8 ii. A compostable material handling facility or operation that, pursuant to 9 Section 17867(a)(16), demonstrates that the percentage of organic waste in 10 the materials sent to disposal is: 11 I. On and after January 1, 2022, less than 20 percent. 12 II. On and after January 1, 2024, less than 10 percent. 13 (B) used in a manner approved by local, state, and federal agencies having 14 appropriate jurisdiction. Any digestate that will be land applied must meet the 15 requirements of sSection 17852(a)(24.5); 16 (C) disposed in a manner as set forth in the Consolidated Regulations for 17 Treatment, Storage, Processing or Disposal of Solid Waste (commencing at Title 18 27, California Code of Regulations, section 20005). 19 (b) Digestate that has not been analyzed for metal concentration pursuant to section 20 17896.59, pathogen concentration pursuant to section 17896.60(b)(1), and physical 21 contaminants pursuant to section 17896.61 or is known to contain any metal in amounts 22 that exceed the maximum metal concentrations described in section 17896.59, 23 pathogens that exceed the maximum acceptable pathogen concentrations described in 24 section 17896.60(b)(1), or physical contaminants that exceed the maximum physical 25 contamination limits described in section 17896.61 shall be designated for disposal, 26 additional processing, or other use as approved by local, state agencies having 27 appropriate jurisdiction. 28 Note: Authority cited: Sections 40502, 43020 and 43021, Public 29 Resources Code. Reference: Sections 40053, 42652.5, 43020 and 43021, Public 30 Resources Code, and Section 39730.6, Health and Safety Code. 31 Chapter 5. Enforcement of Solid Waste Standards and 32 Administration of Solid Waste Facilit y Permits; Loan 33 Guarantees 34 Article 2.2. LEA Performance Standards, Evaluation Criteria, and 35 Duties and Responsibilities 36 Section 18083. LEA Duties and Responsibilities for Inspections. 37 (a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 38 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP, 39 the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, 40 solid waste facilities, operations and disposal sites and equipment to verify compliance 41 2022/06/14 City Council Post Agenda Page 527 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 42 of 127 November 2020 with the state minimum standards, solid waste facilities permits, and related state solid 1 waste laws and regulations within their purview for the protection of the environment 2 and the public health and safety. The LEA/EA shall perform these inspections and 3 related duties as required below, and forward inspection reports to the operator, and/or 4 owner, and the Department within 30 days of the inspection: 5 (1) weekly, for sites operating on performance standards pursuant to 27 CCR Section 6 20695; 7 (2) monthly, for all active and inactive facilities, and for illegal sites and facilities, 8 pending abatement by enforcement action(s); 9 (3) at the frequency required by the state minimum standards for each type of 10 operation specified in 14 CCR Sections 17383.9., 17403.5., and 17896.9. All other 11 operations regulated under the EA Notification tier shall be inspected by the EA at 12 least once every three (3) months unless the EA approves, with Department 13 concurrence, a reduced inspection frequency. The EA may approve a reduced 14 inspection frequency only if it will not pose an additional risk to public health and 15 safety or the environment, and in no case shall the inspection frequency be less than 16 once per calendar year. The EA shall submit a copy of the EA-proposed approval to 17 the Department. The Department shall concur in the EA-proposed approval only if it 18 finds that the reduced inspection frequency will not pose an additional risk to public 19 health and safety or the environment in light of the specific circumstances at the 20 operation in question. The Department shall concur or deny the EA-proposed 21 approval within thirty (30) days from receipt. 22 (4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 23 CCR Section 21565. For closed sites, inspections shall be made until no potential 24 threat exists to public health and safety or the environment. This determination shall 25 be subject to Department approval. For the purposes of this subsection, the 26 enumeration, and the workload analysis, a closed site means a site that has ceased 27 accepting waste and, should be closed, is undergoing closure, or has met applicable 28 closure requirements; 29 (A) the Department may approve an alternate inspection frequency for these sites 30 where such an action will not result in adverse impact on public health and safety 31 and the environment. 32 (5) if an LEA has been designated as the EA for waste tire facilities or entered into an 33 agreement with the Department through a grant program to inspect tire facilities, 34 major waste tire facilities shall be inspected annually, minor waste tire facilities shall 35 be inspected at least once every two and a half years pursuant to 14 CCR Section 36 18443; 37 (6) upon receipt of a complaint or emergency notification which cannot be resolved 38 off-site; 39 (7) as necessary, pursuant to the EPP, upon receipt of a solid waste facilities permit 40 application, revision, review, RFI amendment, or closure/postclosure plan; and 41 (8) pursuant to the EPP, for solid waste handling and collection equipment.; and 42 (9) at the frequency described in Sections 17409.5.12, 17869(j), and 17896.45(k). 43 (b) As specified in their EPP pursuant to Section 18077, the LEA/EA shall conduct any 44 of the above inspections, whenever possible, without prior notice to the owner or 45 2022/06/14 City Council Post Agenda Page 528 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 43 of 127 November 2020 operator, on randomly selected days, during normal business hours or the site's 1 operating hours. 2 Note: 3 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 4 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 5 Section 39730.6, Health and Safety Code. 6 Chapter 9. Planning Guidelines and Procedures for Preparing 7 and Revising Countywide Integrated Waste Management 8 Plans 9 Article 9.25 Recycling and Disposal Reporting System 10 Section 18815.4 Reporting Requirements for Haulers. 11 (a) A self-hauler shall provide the jurisdiction of origin for all material delivered to each 12 transfer/processor or disposal facility. A self-hauler does not have to report to the 13 Department, unless they are a food waste self-hauler. 14 (b) Food waste self-haulers shall report to the Department the tons of food waste sent 15 as follows: 16 (1) To a reporting entity inside California, report the tons of each material type, 17 pursuant to section 18815.9 of this article, and their contact information and RDRS 18 number. 19 (2) To an end user inside or outside California, report the tons of each material type, 20 pursuant to section 18815.9 of this article, sent to each end user category, by region, 21 pursuant to section 18815.3(k) of this article. 22 (3) To a recycling or composting facility or operation outside California, report the 23 tons of each material type, pursuant to section 18815.9 of this article, by region, 24 pursuant to section 18815.3(l) of this article. 25 (4) To each transfer/processor or disposal facility outside California, report the tons of 26 each material type, pursuant to section 18815.9 of this article, sent to each person, 27 and their contact information. 28 (c) A contract hauler shall provide the following information to a receiving reporting 29 entity for all tons delivered, using the methods described in section 18815.9 of this 30 article. A hauler shall provide the information at the time of delivery, unless both the 31 hauler and receiving facility have previously agreed to periodic reports in lieu of 32 providing information at the time of delivery. In all cases, the hauler shall provide the 33 information to the receiving reporting entity within 30 days of the end of the reporting 34 period. 35 (1) For solid waste hauled: 36 (A) A hauler shall provide the jurisdiction of origin for all material sent to each 37 transfer/processor or disposal facility; and 38 (B) If requested by a transfer/processor or disposal facility, then a hauler shall 39 provide the source sector for all material delivered to each broker or transporter, 40 2022/06/14 City Council Post Agenda Page 529 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 44 of 127 November 2020 transfer/processor, or disposal facility, in tons or by percentage using the methods 1 provided in section 18815.9 of this article. 2 (d) A contract hauler who takes material directly from a generator and hauls it to land 3 application or to a person outside the state shall report to the Department. In their report 4 to the Department, a contract hauler shall provide the following information for tons 5 hauled, using the methods described in section 18815.9 of this article: 6 (1) Directly from a generator to land application, the tons of each material type sent 7 by region, pursuant to section 18815.3(k) of this article. 8 (2) Directly from a generator to a person outside the state: 9 (A) For solid waste, the total tons by jurisdiction of origin for all material sent to a 10 disposal facility or transfer/processor, their contact information, and an estimate of 11 the overall source sector tons or percentages for waste sent. 12 (B) For green material sent to each transfer/processor or disposal facility for 13 potential beneficial reuse, the tons by jurisdiction of origin, and the contact 14 information of the receiving facility. 15 (C) For non-green material sent to each transfer/processor or disposal facility for 16 potential beneficial reuse, the tons by material type, pursuant to section 18815.9, 17 and the contact information of the receiving facility. 18 (D) For disaster debris and designated waste sent to each transfer/processor or 19 disposal facility, the tons of each stream, and the contact information of the 20 receiving facility. 21 (E) For material sent to recycling or composting facilities or operations, the tons of 22 each material type sent by region. 23 (F) To end users, the tons of each material sent to each end user category by 24 region, pursuant to section 18815.3(k) of this article. 25 (3) A hauler shall submit their report to the Department by the following due dates for 26 each reporting period: 27 (A) Reporting period 1 due April 30, 28 (B) Reporting period 2 due July 31, 29 (C) Reporting period 3 due October 31, and 30 (D) Reporting period 4 due January 31. 31 (e) For the purposes of RDRS reporting, the Department shall not require a hauler to 32 submit information regarding specific collection locations or customers when providing 33 jurisdiction of origin, material type or source sector information to other reporting entities 34 or to the Department as part of a quarterly report. 35 (1) A jurisdiction is not precluded from requiring this information through franchise 36 agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 37 Code, or other authority it may have. 38 (2) The Department may require a hauler to submit this information in lieu of an audit, 39 or as part of an audit or administrative proceeding. 40 (f) Commencing January 1, 2022, a hauler providing an organic waste collection service 41 pursuant to Article 3, Chapter 12 of this division shall identify, for all materials delivered 42 to each receiving reporting entity, whether the material is: 43 (1) Collected from a “source separated organic waste collection stream” as defined in 44 Section 17402 (a)(26.6) of this division. 45 2022/06/14 City Council Post Agenda Page 530 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 45 of 127 November 2020 (2) Collected from “mixed waste organics collection stream” as defined in in Section 1 17402 (a)(11.5) of this division that is required to be transported to a high diversion 2 organic waste processing facility. 3 (g) Notwithstanding Subdivision (b), a hauler shall provide the information required by 4 Subdivision (f) at the time of delivery. 5 Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 6 Reference: Sections 41821.5, and 41821.6, and 42652.5, Public Resources Code and 7 Section 39730.6, Health and Safety Code. 8 Section 18815.5 Reporting Requirements for Transfer/Processors. 9 (a) In their report to the Department, a transfer/processor shall provide the following 10 information, using the methods in described in section 18815.9 of this article: 11 (1) For all tons accepted: 12 (A) From another transfer/processor, report the tons of each of the following 13 streams: solid waste, disaster debris, designated waste, green material potential 14 beneficial reuse, and all other potential beneficial reuse accepted from each 15 facility. Report the sending facility's contact information and RDRS number, if 16 applicable. 17 (B) For direct-hauled material, report the total aggregated tons of each of the 18 following streams: solid waste, disaster debris, designated waste, green material 19 potential beneficial reuse, and all other potential beneficial reuse. The tonnages for 20 solid waste and green material potential beneficial reuse shall be further divided by 21 jurisdiction of origin. 22 (C) Include accepted residuals generated by a recycling or composting facility or 23 operation that is reporting under the same RDRS number as a transfer/processing 24 facility or operation, pursuant to section 18815.3(d)(4) of this article, in the total 25 tons accepted as direct-hauled, pursuant to subsection (1)(B), assigning the tons 26 to the jurisdiction within which the site is located. 27 (2) For all tons sent to recyclers, composters, brokers, transporters, or end users 28 pursuant to section 18815.9 of this article: 29 (A) To a recycling or composting facility or operation with a different RDRS 30 number inside California, report the tons by material type, pursuant to section 31 18815.9(a) of this article, and their contact information and RDRS number, if 32 applicable. 33 (B) To an end user, report the tons of each material type, pursuant to section 34 18815.9(a) of this article, sent to each end user category by region, pursuant to 35 section 18815.3(k) of this article. 36 (C) To a broker or transporter: 37 (i) In cases where the final destination of the material is determined by the 38 reporting transfer/processor, report pursuant to subsections (a)(2)(A), (a)(2)(B), 39 and (a)(2)(E). 40 (ii) In cases where the final destination of the material is not determined by the 41 reporting transfer/processor, report tons of each material type, pursuant to 42 section 18815.9(a) of this article, sent to each broker or transporter and their 43 contact information and RDRS number, if applicable. 44 2022/06/14 City Council Post Agenda Page 531 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 46 of 127 November 2020 (D) To a recycling or composting facility or operation with the same RDRS 1 number, report pursuant to section 18815.9(h) of this article. 2 (E) To a recycling or composting facility or operation outside California, report the 3 tons of each material type by region. 4 (3) For all tons sent to transfer/processors or disposal facilities inside or outside 5 California of each of the following streams: recycling and composting, solid waste, 6 disaster debris, designated waste, green material potential beneficial reuse, and all 7 other potential beneficial reuse: 8 (A) To each transfer/processor or disposal facility, report the tons of each stream, 9 and their contact information and RDRS number, if applicable. Report the 10 percentage of solid waste and green material potential beneficial reuse received 11 from each transfer/processor, and the total percentage of materials that were 12 direct-hauled, pursuant to subsection (a)(1)(B). The percentage that was direct-13 hauled shall be further divided into the jurisdictions of origin of solid waste and 14 green material potential beneficial reuse. 15 (B) For all tons of solid waste, the percentage that was direct-hauled, pursuant to 16 subsection (a)(1)(B), shall be divided into source sectors, using methods 17 described in section 18815.9(c) of this article. Source sector shall be reported to 18 the department as a facility-wide estimate. 19 (C) For all other material sent for potential beneficial reuse to a landfill or other 20 transfer/processor inside or outside California, report the tons sent to each facility 21 by material type, pursuant to section 18815.9(a)(3) of this article, and the facility's 22 contact information and RDRS number, if applicable. 23 (D) For material sent for recycling to each transfer/processor or disposal facility 24 with a different RDRS number inside California, report the tons by material type, 25 and the facility's contact information and RDRS number, if applicable. 26 (E) For material sent for recycling to each transfer/processor or disposal facility 27 outside California, report the tons by material type and region. 28 (b) A transfer/processor shall report to the Department by the following due dates for 29 each reporting period: 30 (1) Reporting period 1 due May 31, 31 (2) Reporting period 2 due August 31, 32 (3) Reporting period 3 due November 30, and 33 (4) Reporting period 4 due February 28. 34 (c) With the exception of reporting entities who fail to provide required information, for 35 the purposes of RDRS reporting, the Department shall not require a transfer/processor 36 to submit information regarding the identities of individual haulers when providing 37 jurisdiction of origin, or source sector information to the Department as part of a 38 quarterly report. The Department shall not require a transfer/processor to submit 39 information regarding the identities of individual end users when providing material type 40 or region to the Department as part of their report. 41 (1) A jurisdiction is not precluded from requiring this information through franchise 42 agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 43 Code, or other authority it may have. 44 (2) The Department may require a transfer/processor to submit this information in lieu 45 of an audit, or as part of an audit or administrative proceeding. 46 2022/06/14 City Council Post Agenda Page 532 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 47 of 127 November 2020 (d) Commencing with the first reporting period in 2022, and in each subsequent 1 reporting period thereafter: 2 (1) A reporting receiving facility that receives material from a “mixed waste organic 3 collection stream” as defined in Section 17402 (a)(11.5) of this division shall, for the 4 purposes of determining the annual average organic content recovery rate for 5 organic waste received from the mixed waste organic collection stream as specified 6 in Sections 18984.3 and 17409.5.1 of this division, report the following to the 7 Department: 8 (A) The sum of outgoing weights of organic waste recovered from the mixed waste 9 organic collection stream as determined pursuant to Section 17409.5.1(c)(1) of 10 this division. 11 (B)The sum of outgoing weights of organic waste from the mixed waste organic 12 collection stream that is sent to disposal as determined pursuant to Section 13 17409.5.1(c)(2) of this division. 14 (C)The sum of records in Sections 17414.2(a)(2), 17414.2(a)(3), and 17414.2 15 (a)(6) of outgoing and incoming weights of material from the mixed waste organic 16 collection stream. 17 (2) A reporting receiving facility that receives material from a “source separated 18 organic waste collection stream” as defined in Section 17402(a)(26.6) shall report the 19 following to the Department: 20 (A) The sum of outgoing weights of organic waste recovered from the source 21 separated organic collection stream as determined pursuant to Section 17409.5.1 22 (d)(1) of this division. 23 (B) The sum of outgoing weights of organic waste recovered from the source 24 separated organic collection stream as determined pursuant to Section 25 17409.5.1(d)(2) of this division. 26 (C) The sum of weights required to be recorded pursuant to Sections 17414.2 27 (a)(4), 17414.2(a)(5), and 17414.2 (a)(7) of outgoing and incoming weights of 28 material from the source separate organic waste collection stream. 29 (e) The Department shall determine if a facility meets or exceeds the recovery efficiency 30 percentages as specified in the definition of a “high diversion organic waste processing 31 facility” in Section 18982(a)(33) in the following manner: 32 (1) The Department shall determine the quarterly recovery efficiency by dividing the 33 total weight of recovered organic waste reported in Subdivision (d)(1)(A) [Recovered 34 Organics (RO)] by the combined total weight of recovered and disposed organic 35 waste reported in Subdivision (d)(1)(A) and Subdivision (d)(1)(B) [Total Available 36 Mixed Waste Organics(TAMWO)]: RO/TAMWO = Recovery Efficiency. 37 (2) The Department shall use the total weights for the immediately previous four 38 quarters to determine the facility’s annual recovery efficiency which shall constitute 39 the annual average mixed waste organic content recovery rate for the purposes of 40 section 18984.3 of this division. 41 (3) The annual average mixed waste organic content recovery rate shall be 42 determined by using the last four quarterly rates. A new annual average shall be 43 calculated each quarter. 44 (f) The Department shall determine if a facility meets or exceeds the annual average 45 source separated organic content recovery rates specified for a “designated source 46 2022/06/14 City Council Post Agenda Page 533 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 48 of 127 November 2020 separated organic waste facility” as defined in Section 18982(a)(14.5) of this division in 1 the following manner: 2 (1) The Department shall determine the quarterly recovery efficiency by dividing the 3 total weight of recovered organic waste reported in Subdivision (d)(2)(A)[Recovered 4 Organics (RO)] by the combined total weight of recovered and disposed organic 5 waste reported in Subdivision (d)(2)(A) and Subdivision (d)(2)(B) [Total Available 6 Source Separated Organic Waste (TASSOW)]: RO/TASSOW = Recovery Efficiency. 7 (2) The Department shall use the total weights for the immediately previous four 8 quarters to determine the facility’s annual recovery efficiency which shall constitute 9 the annual average source separated organic content recovery rate for the purposes 10 of Sections 18982(a)(14.5) and 18998.1 of this division. A new annual average shall 11 be calculated each quarter. 12 (g) A reporting receiving facility subject to the requirements of Section 17409.5.7 shall 13 report the following to the Department: 14 (1) The average ratio of remnant organic waste to non-organic waste measured in 15 the gray container waste evaluation samples performed by the facility pursuant to 16 Section 17409.5.7. 17 18 Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 19 Reference: Sections 41821.5, and 41821.6 and 42652.5, Public Resources Code, and 20 Section 39730.6, Health and Safety Code. 21 Section 18815.7 Reporting Requirements for Recycling and Composting Facilities 22 and Operations. 23 (a) In their report to the Department, a recycling or composting facility or operation shall 24 provide the following information for all tons handled, using the methods described in 25 section 18815.9 of this article: 26 (1) For materials sent for disposal or potential beneficial reuse to each 27 transfer/processor or disposal facility with a different RDRS number inside or outside 28 California, report the tons of each material type, pursuant to section 18815.9(a) of 29 this article, and their contact information and RDRS number, if applicable. 30 (2) For materials sent to each recycling or composting facility or operation with a 31 different RDRS number, or for recycling at each transfer/processor with a different 32 RDRS number inside California, report the tons of each material type, pursuant to 33 section 18815.9(a) of this article, and their contact information and RDRS number, if 34 applicable. 35 (3) For materials sent to a recycling or composting facility or operation with the same 36 RDRS number, report pursuant to section 18815.9(h) of this article. 37 (4) For intermediate products sent to end users inside or outside California, report the 38 tons of each material type, pursuant to section 18815.9(a) of this article, sent to each 39 end user category by region, pursuant to section 18815.3(k) of this article. 40 (5) For materials sent to a broker or transporter: 41 (A) In cases where the final destination of the material is determined by the 42 reporting recycling or composting facility or operation, report pursuant to 43 subsections (a)(1), (a)(2), (a)(4), and (a)(6), as applicable. 44 2022/06/14 City Council Post Agenda Page 534 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 49 of 127 November 2020 (B) In cases where the final destination of the material is not determined by the 1 reporting recycling or composting facility or operation, report tons of each material 2 type, pursuant to section 18815.9(a) of this article, sent to each broker or 3 transporter and their contact information and RDRS number, if applicable. 4 (6) For materials sent to each recycling or composting facility or operation outside 5 California, or for recycling at a transfer/processor outside California, report the tons of 6 each material type by region. 7 (b) A recycling or composting facility or operation is not required to report on material 8 sold for reuse or transferred for reuse. 9 (c) A recycler who handles business-to-business post-industrial materials, but also 10 handles materials that do not meet the criteria in section 18815.2(a)(8) of this article, 11 shall: 12 (1) Report as a recycler pursuant to this section for all materials that do not meet the 13 criteria for business-to-business post-industrial recycling, and 14 (2) Not include information or tonnages associated with the business-to-business 15 post-industrial materials recycled as defined in section 18815.2(a)(8) of this article. 16 (d) A recycling or composting facility or operation shall report to the Department by the 17 following due dates for each reporting period: 18 (1) Reporting period 1 due May 31, 19 (2) Reporting period 2 due August 31, 20 (3) Reporting period 3 due November 30, and 21 (4) Reporting period 4 due February 28. 22 (e) With the exception of other reporting entities, for the purposes of RDRS reporting, 23 the Department shall not require a recycling and composting facility or operation to 24 submit information regarding the identities of individual end users, suppliers, or 25 customers when providing material type information to the Department as part of a 26 quarterly report. 27 (1) A jurisdiction is not precluded from requiring this information through franchise 28 agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 29 Code, or other authority it may have. 30 (2) The Department may require that a recycler/composter submit this information in 31 lieu of an audit, or as part of an audit or administrative proceeding. 32 (f) Commencing with first reporting period in 2022, and in each subsequent reporting 33 period thereafter: 34 (1) A recycling or compost facility or operation shall, if applicable, additionally report 35 the following to the Department: 36 (A) The percentage of organic waste contained in materials sent to landfill disposal 37 as calculated pursuant to Section 17869(e)(1) or 17896.45(a)(1). 38 Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 39 Reference: Sections 41821.5, and 41821.6 and 42652.5, Public Resources Code and 40 39730.6, Health and Safety Code. 41 42 2022/06/14 City Council Post Agenda Page 535 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 50 of 127 November 2020 Chapter 12: Short-lived Climate Pollutants 1 General Provisions 2 Section 18981. 1. Scope of Chapter. 3 (a) This chapter establishes the regulatory requirements for jurisdictions, generators, 4 haulers, solid waste facilities, and other entities to achieve the organic waste disposal 5 reduction targets codified in Section 39730.6 of the Health and Safety Code and 6 Chapter 13.1 of Division 30 of the Public Resources Code. 7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Sections 40002, 42652.5, 42654; and Health and 9 Safety Code Section 39730.6. 10 Section 18981. 2. Implementation Requirement on Jurisdictions. 11 (a) By January 1, 2022, a jurisdiction shall adopt enforceable ordinance(s), or similarly 12 enforceable mechanisms that are consistent with the requirements of this chapter, to 13 mandate that organic waste generators, haulers, and other entities subject to the 14 requirements of this chapter that are subject to the jurisdiction’s authority comply with 15 the requirements of this chapter. 16 (b) A jurisdiction may designate a public or private entity to fulfill its responsibilities 17 under this chapter. A designation shall be made through any one or more of the 18 following: 19 (1) Contracts with haulers or other private entities; or 20 (2) Agreements such as MOUs with other jurisdictions, entities, regional agencies as 21 defined in Public Resources Code Section 40181, or other government entities, 22 including environmental health departments. 23 (c) Notwithstanding Subdivision (b) of this section, a jurisdiction shall remain ultimately 24 responsible for compliance with the requirements of this chapter. 25 (d) Nothing in this chapter authorizes a jurisdiction to delegate its authority to impose 26 civil penalties, or to maintain an action to impose civil penalties, to a private entity. 27 (e)If a jurisdiction designates another entity as allowed in Subdivision (b) of this section, 28 the jurisdiction shall include copies of all agreements and contracts in the 29 Implementation Record required by Section 18995.2. 30 (f) Nothing in this section authorizes a jurisdiction to require a public or private entity to 31 fulfill its obligations under this chapter without designating the entity through a 32 mechanism authorized in Subdivision (b) of this Section. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Sections 42652.5, 42654; and Health and Safety 35 Code Section 39730.6. 36 2022/06/14 City Council Post Agenda Page 536 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 51 of 127 November 2020 Article 1. Definitions 1 Section 18982. Definitions. 2 (a) Except as otherwise provided, the following definitions shall govern the provisions of 3 this chapter: 4 (1) “Activities that constitute landfill disposal” are activities described in Subdivision 5 (a) of Section 18983.1. 6 (2) "Alternative daily cover (ADC)" has the same meaning as in Section 20690 of Title 7 27 of the California Code of Regulations (CCR). 8 (3) "Alternative intermediate cover (AIC)" has the same meaning as in Section 20700 9 of Title 27 of the California Code of Regulations. 10 (3.5) “Biomass conversion” has the same meaning as in Public Resources Code, 11 Section 40106. 12 (4) “Biosolids” has the same meaning as Section 17852(a)(9) of this division. 13 (5) “Blue container” means a container where either: 14 (A) The lid of the container is blue in color. 15 (B) The body of the container is blue in color and the lid is either blue, gray, or 16 black in color. Hardware such as hinges and wheels on a blue container may be 17 any color. 18 (5.5) “Brown container” means a container where either: 19 (A) The lid of the container is brown in color. 20 (B) The body of the container is brown in color and the lid is either brown, gray, or 21 black in color. Hardware such as hinges and wheels on a brown container may be 22 any color. 23 (6) “Commercial business” means a firm, partnership, proprietorship, joint-stock 24 company, corporation, or association, whether for-profit or nonprofit, strip mall, 25 industrial facility, or a multifamily residential dwelling. 26 (A) A multifamily residential dwelling that consists of fewer than five units is not a 27 commercial business for the purposes of this chapter. 28 (7) “Commercial edible food generator” includes a Tier One or a Tier Two 29 commercial edible food generator as defined in Subdivisions (a)(73) and (a)(74) of 30 this section. For the purposes of this chapter, food recovery organizations and food 31 recovery services are not commercial edible food generators. 32 (8) “Community composting” means any activity that composts green material, 33 agricultural material, food material, and vegetative food material, alone or in 34 combination, and the total amount of feedstock and compost on-site at any one time 35 does not exceed 100 cubic yards and 750 square feet, as specified in Section 36 17855(a)(4). 37 (9) “Compliance review” means a review of records by a jurisdiction or the 38 Department to determine compliance with subscribing to an organic waste collection 39 service as required by this chapter. 40 (10) “Compost” has the same meaning as in Section 17896.2(a)(4). 41 (11) "Compostable material" has the same meaning as in Section 17852(a)(11). 42 (12) "Compostable material handling operation" or “facility" has the same meaning as 43 in Section 17852(a)(12). 44 2022/06/14 City Council Post Agenda Page 537 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 52 of 127 November 2020 (13) “Consumer” has the same meaning as in Section 113757 of the Health and 1 Safety Code. 2 (14) “Container contamination” or “contaminated container” means a container, 3 regardless of color, that contains prohibited container contaminants as defined in 4 Subdivision (a)(55). 5 (14.5) “Designated source separated organic waste facility” means a solid waste 6 facility that accepts a source separated organic waste collection stream as defined in 7 Section 17402(a)(26.6) and complies with one of the following: 8 (A) The facility is a “transfer/processor,” as defined in Section 18815.2(a)(62), that 9 is in compliance with the reporting requirements of Section 18815.5(d), and meets 10 or exceeds an annual average source separated organic content recovery rate of 11 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on 12 and after January 1, 2025 as calculated pursuant to Section 18815.5(f) for organic 13 waste received from the source separated organic waste collection stream. 14 1. If a transfer/processor has an annual average source separated organic 15 content recovery rate lower than the rate required in paragraph (A) of this 16 section for two (2) consecutive reporting periods, or three (3) reporting periods 17 within three (3) years, the facility shall not qualify as a “Designated source 18 separated organic waste facility.” 19 (B) The facility is a “composting operation” or “composting facility” as defined in 20 Section 18815.2(a)(13) that pursuant to the reports submitted under Section 21 18815.7 demonstrates that the percent of the material removed for landfill disposal 22 that is organic waste is less than the percent specified in Section 17409.5.8(c)(2) 23 or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the 24 digestate handling requirements specified in Section 17896.57. 25 1. If the percent of the material removed for landfill disposal that is organic 26 waste is more than the percent specified in Section 17409.5.8(c)(2) or 27 17409.5.8(c)(3) for two (2) consecutive reporting periods, or three (3) reporting 28 periods within three (3) years, the facility shall not qualify as a “Designated 29 source separated organic waste facility.” 30 (15) “Designee” means an entity that a jurisdiction contracts with or otherwise 31 arranges to carry out any responsibilities of this chapter, as authorized in Section 32 18981. 2 of this chapter. A designee may be a government entity, a hauler, a private 33 entity, or a combination of those entities. 34 (16) “Diesel gallon equivalent” means the amount of renewable gas transportation 35 fuel that has the equivalent energy content of one gallon of conventional diesel. 36 (16.5) “Digestate” means the solid and/or liquid material remaining after organic 37 material has been processed in an in-vessel digester. 38 (17) “Direct service provider” means a person, company, agency, district, or other 39 entity that provides a service or services to a jurisdiction pursuant to a contract or 40 other written agreement. 41 (18) “Edible food” means food intended for human consumption. 42 (A) For the purposes of this chapter, “edible food” is not solid waste if it is 43 recovered and not discarded. 44 (B) Nothing in this chapter requires or authorizes the recovery of edible food that 45 does not meet the food safety requirements of the California Retail Food Code. 46 2022/06/14 City Council Post Agenda Page 538 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 53 of 127 November 2020 (19) “Enforcement action" means an action of a jurisdiction or the Department to 1 ensure compliance with this chapter, including, but not limited to, issuing notices of 2 violation, accusations, or other remedies. 3 (20) “Facility that recovers source separated organic waste” means a facility that 4 handles source separated organic waste separately from any other wastes as 5 required in Section 17409.5.6. 6 (21) “Food” has the same meaning as in Section 113781 of the Health and Safety 7 Code. 8 (22) “Food distributor” means a company that distributes food to entities including, 9 but not limited to, supermarkets and grocery stores. 10 (23) “Food facility” has the same meaning as in Section 113789 of the Health and 11 Safety Code. 12 (24) “Food recovery” means actions to collect and distribute food for human 13 consumption which otherwise would be disposed. 14 (25) “Food recovery organization” means an entity that engages in the collection or 15 receipt of edible food from commercial edible food generators and distributes that 16 edible food to the public for food recovery either directly or through other entities 17 including, but not limited to: 18 (A) A food bank as defined in Section 113783 of the Health and Safety Code; 19 (B) A nonprofit charitable organization as defined in Section 113841 of the Health 20 and Safety code; and, 21 (C) A nonprofit charitable temporary food facility as defined in Section 113842 of 22 the Health and Safety Code. 23 (26) “Food recovery service” means a person or entity that collects and transports 24 edible food from a commercial edible food generator to a food recovery organization 25 or other entities for food recovery. 26 (27) “Food service provider” means an entity primarily engaged in providing food 27 services to institutional, governmental, commercial, or industrial locations of others 28 based on contractual arrangements with these types of organizations. 29 (27.5) “Fluorinated greenhouse gas” or “fluorinated GHG” means sulfur hexafluoride 30 (SF6), nitrogen trifluoride (NF3), and any fluorocarbon except for controlled 31 substances as defined at 40 CFR Part 82, Subpart A, (May 1995), which is hereby 32 incorporated by reference, and substances with vapor pressures of less than 1 mm of 33 Hg absolute at 25 °C. With these exceptions, “fluorinated GHG” includes any 34 hydrofluorocarbon, any perfluorocarbon, any fully fluorinated linear, branched or 35 cyclic alkane, ether, tertiary amine or aminoether, any perfluoropolyether, and any 36 hydrofluoropolyether. 37 (27.6) “Global warming potential” or “GWP" means the ratio of the time-integrated 38 radiative forcing from the instantaneous release of one kilogram of a trace substance 39 relative to that of one kilogram of a reference gas (i.e., CO₂). The GWP values are as 40 specified in the Table A-1 to Subpart A of Title 40 Code of Federal Regulations Part 41 98 as published in the CFR on 12/11/2014, which is hereby incorporated by 42 reference. 43 (28) “Gray container” means a container where either: 44 (A) The lid of the container is gray or black in color. 45 2022/06/14 City Council Post Agenda Page 539 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 54 of 127 November 2020 (B) The body of the container is entirely gray or black in color and the lid is gray or 1 black in color. Hardware such as hinges and wheels on a gray container may be 2 any color. 3 (28.5) “Gray container collection stream” has the same meaning as defined in 4 Section 17402. 5 (29) “Green container” means a container where either: 6 (A) The lid of the container is green in color. 7 (B) The body of the container is green in color and the lid is green, gray, or black 8 in color. Hardware such as hinges and wheels on a green container may be any 9 color. 10 (29.5) “Greenhouse gas” means carbon dioxide (CO2), methane (CH4), nitrous oxide 11 (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), 12 and other fluorinated greenhouse gases as defined in this section. 13 (29.6) “Greenhouse gas emission reduction” or “greenhouse gas reduction” means a 14 calculated decrease in greenhouse gas emissions relative to a project baseline over 15 a specified period of time. 16 (30) “Grocery store” means a store primarily engaged in the retail sale of canned 17 food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any 18 area that is not separately owned within the store where the food is prepared and 19 served, including a bakery, deli, and meat and seafood departments. 20 (30.5) “Hazardous wood waste” means wood that falls within the definition of 21 “Treated wood” or “Treated wood waste” in Section 67386.4 of Title 22 of the 22 California Code of Regulations. 23 (31) “Hauler” has the same meaning as in Section 18815.2(a)(32). 24 (31.5) “Hauler route” means the designated itinerary or sequence of stops for each 25 segment of the jurisdiction’s collection service area. 26 (32) “Health facility” has the same meaning as in Section 1250 of the Health and 27 Safety Code. 28 (33) “High diversion organic waste processing facility” means a facility that is in 29 compliance with the reporting requirements of Section 18815.5(d) and meets or 30 exceeds an annual average mixed waste organic content recovery rate of 50 percent 31 between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 32 2025 as calculated pursuant to Section 18815.5(e) for organic waste received from 33 the “Mixed Waste Organic Collection Stream” as defined in Section 17402 (a)(11.5). 34 (34) “Hotel” has the same meaning as in Section 17210 of the Business and 35 Professions code. 36 (35) “Inspection” means a site visit where a jurisdiction or the Department reviews 37 records, containers, and an entity’s collection, handling, recycling, or landfill disposal 38 of organic waste or edible food handling to determine if the entity is complying with 39 requirements set forth in this chapter. 40 (36) “Jurisdiction” means a city, county, a city and county, or a special district that 41 provides solid waste collection services. A city, county, a city and county, or a special 42 district may utilize a Joint Powers Authority to comply with the requirements of this 43 chapter, except that the individual city, county, city and county, or special district shall 44 remain ultimately responsible for compliance. 45 2022/06/14 City Council Post Agenda Page 540 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 55 of 127 November 2020 (37) “Jurisdiction of residence” means the jurisdiction where a generator who is a 1 self-hauler generated organic waste. 2 (38) “Large event” means an event, including, but not limited to, a sporting event or a 3 flea market, that charges an admission price, or is operated by a local agency, and 4 serves an average of more than 2,000 individuals per day of operation of the event, 5 at a location that includes, but is not limited to, a public, nonprofit, or privately owned 6 park, parking lot, golf course, street system, or other open space when being used for 7 an event. 8 (39) “Large venue” means a permanent venue facility that annually seats or serves 9 an average of more than 2,000 individuals within the grounds of the facility per day of 10 operation of the venue facility. For the purposes of this chapter, a venue facility 11 includes, but is not limited to, a public, nonprofit, or privately owned or operated 12 stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, 13 aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, 14 theater, or other public attraction facility. For the purposes of this chapter, a site 15 under common ownership or control that includes more than one large venue that is 16 contiguous with other large venues in the site, is a single large venue. 17 (39.5) “Lifecycle greenhouse gas emissions” or “Lifecycle GHG emissions” means 18 the aggregate quantity of greenhouse gas emissions (including direct and indirect 19 emissions), related to the full lifecycle of the technology or process that an applicant 20 wishes to have assessed as a possible means to reduce landfill disposal of 21 organic waste. The lifecycle analysis of emissions includes all stages of organic 22 waste processing and distribution, including collection from a recovery location, 23 waste processing, delivery, use of any finished material by the ultimate consumer, 24 ultimate use of any processing materials. The mass values for all greenhouse gases 25 shall be adjusted to account for their relative global warming potential. 26 (40) “Local education agency” means a school district, charter school, or county 27 office of education that is not subject to the control of city or county regulations 28 related to solid waste. 29 (41) “Non-compostable paper” includes, but is not limited, to paper that is coated in a 30 plastic material that will not breakdown in the composting process. 31 (42) “Non-local entity” means an entity that is an organic waste generator but is not 32 subject to the control of a jurisdiction’s regulations related to solid waste. These 33 entities may include, but are not limited to, special districts, federal facilities, prisons, 34 facilities operated by the state parks system, public universities, including community 35 colleges, county fairgrounds, and state agencies. 36 (43) “Non-organic recyclables” means non-putrescible and non-hazardous recyclable 37 wastes, including, but not limited to, bottles, cans, metals, plastics, and glass. 38 (44) “Notice and Order to Correct (NOTC)" means a notice that a violation has 39 occurred and that failure to correct the violation may result in a penalty. 40 (45) “Notice of Violation (NOV)” means a notice that a violation has occurred that 41 includes a compliance date to avoid an action to seek penalties. 42 (46) “Organic waste” means solid wastes containing material originated from living 43 organisms and their metabolic waste products including, but not limited to, food, 44 green material, landscape and pruning waste, organic textiles and carpets, lumber, 45 2022/06/14 City Council Post Agenda Page 541 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 56 of 127 November 2020 wood, paper products, printing and writing paper, manure, biosolids, digestate, and 1 sludges. 2 (47) “Organic waste disposal reduction target” is the statewide target to reduce the 3 disposal of organic waste by 50 percent by 2020 and 75 percent by 2025, based on 4 the 2014 organic waste disposal baseline, set forth in Section 39730.6 of the Health 5 and Safety Code. 6 (48) “Organic waste generator” means a person or entity that is responsible for the 7 initial creation of organic waste. 8 (49) “Organic waste recovery activities” or “recovery” means any activity or process 9 described in Section 18983.1(b). 10 (50) "Organic Waste Recovery Noncompliance Inventory" means a list of entities that 11 have uncorrected violations of the standards contained in this chapter. 12 (51) “Paper products” include, but are not limited to, paper janitorial supplies, cartons, 13 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 14 toweling. 15 (52) Paper purchase” means all purchases by a jurisdiction of items in the following 16 categories: 17 (A) Paper products. 18 (B) Printing and writing papers. 19 (52.5) “Performance-based source separated collection service” means a solid waste 20 collection service that meets the requirements of Section 18998.1(a). 21 ((52.6) “Permanent” means, in the context of the determination of processes or 22 technologies that constitute a reduction in landfill disposal, that greenhouse gas 23 emissions reductions are not reversible, or when these emissions reductions may be 24 reversible, that mechanisms are in place to replace any reversed greenhouse gas 25 emissions reductions to ensure that all reductions endure for at least 100 years. 26 (53) “Person” has the same meaning as in Section 40170 of the Public Resources 27 Code. 28 (54) “Printing and writing papers” include, but are not limited to, copy, xerographic, 29 watermark, cotton fiber, offset, forms, computer printout paper, white wove 30 envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and 31 other uncoated writing papers, posters, index cards, calendars, brochures, reports, 32 magazines, and publications. 33 (55) “Prohibited container contaminants” means any of the following, but does not 34 include organic waste specifically allowed for collection in a container that is required 35 to be transported to a high diversion organic waste processing facility if the waste is 36 specifically identified as acceptable for collection in that container in a manner that 37 complies with the requirements of Section 18984.1, 18984.2, or 18984.3. 38 (A) Non-organic waste placed in a green container that is part of an organic waste 39 collection service provided pursuant to Section 18984.1 or 18984.2. 40 (B) Organic wastes that are, carpet, hazardous wood waste, or non-compostable 41 paper placed in the green container that is part of an organic waste collection 42 service provided pursuant to Section 18984.1 or 18984.2. 43 (C) Organic wastes, placed in a gray container, that pursuant to Section 18984.1 44 or 18984.2 were intended to be collected separately in the green container or blue 45 container. 46 2022/06/14 City Council Post Agenda Page 542 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 57 of 127 November 2020 (D) Organic wastes placed in the blue container shall be considered prohibited 1 container contaminants when those wastes were specifically identified in this 2 chapter or through a local ordinance for collection in the green container for 3 recovery. Paper products, printing and writing paper, wood and dry lumber may be 4 considered acceptable and not considered prohibited container contaminants if 5 they are placed in the blue container. 6 (56) “Processing” has the same meaning as in Section 17402(a)(20). 7 (56.5) “Project baseline” means, in the context of “greenhouse gas emission 8 reduction” or “greenhouse gas reduction,” and in the context of an application 9 submitted pursuant to Section 18983.2, a conservative estimate of the business-as-10 usual greenhouse gas emissions that would have occurred if the organic waste 11 proposed for recovery was disposed in an activity that constitutes landfill disposal. 12 This estimate may include greenhouse gas emissions associated with the production 13 and use of products replaced by a Section 18983.2 technology or process. 14 (57) “Property owner” means the owner of real property. 15 (58) “Publicly owned treatment works” or “POTW” has the same meaning as in 16 Section 403.3(r) of Title 40 of the Code of Federal Regulations. 17 (59) “Recovered organic waste product procurement target” means the amount of 18 organic waste in the form of a recovered organic waste product which a jurisdiction is 19 required to procure annually. 20 (60) “Recovered organic waste products” means products made from California, 21 landfill-diverted recovered organic waste processed at a permitted or otherwise 22 authorized operation or facility. 23 (60.5) “Recovery location” includes the closest aggregating hub used to recover the 24 organic waste after collection. This could include but is not limited to a transfer 25 facility, recycling facility, or recovery facility. 26 (61) “Recycled content paper” means paper products and printing and writing paper 27 that consists of at least 30 percent, by fiber weight, postconsumer fiber. 28 (62) “Renewable gas” means gas derived from organic waste that has been diverted 29 from a landfill and processed at an in-vessel digestion facility that is permitted or 30 otherwise authorized by Title 14 to recover organic waste. 31 (63) “Residual organic waste” means waste that remains after organic waste has 32 been processed which is then sent to landfill disposal. 33 (64) “Restaurant” means an establishment primarily engaged in the retail sale of food 34 and drinks for on-premises or immediate consumption. 35 (65) “Route review” means a visual inspection of containers along a hauler route for 36 the purpose of determining container contamination and may include mechanical 37 inspection methods such as the use of cameras. 38 (66) “Self-hauler” means a person who hauls solid waste, organic waste or recovered 39 material he or she has generated to another person. Self-hauler also includes a 40 person who back-hauls waste. 41 (A) “Back-haul” means generating and transporting organic waste to a destination 42 owned and operated by the generator using the generator’s own employees and 43 equipment. 44 (67) “Sewage sludge” means the solid, semisolid, or liquid residue generated during 45 the treatment of domestic sewage in a municipal wastewater treatment facility. 46 2022/06/14 City Council Post Agenda Page 543 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 58 of 127 November 2020 Sewage sludge includes solids removed or used during primary, secondary, or 1 advanced wastewater treatment processes. Sewage sludge does not include grit or 2 screening material generated during preliminary treatment of domestic sewage at a 3 POTW. 4 (68) “Share table” has the same meaning as in Section 114079 of the Health and 5 Safety Code. 6 (68.5) “Source sector” has the same meaning as in Section 18815.2(a)(58). 7 (69) “Source separated organic waste” means organic waste that is placed in a 8 container that is specifically intended for the separate collection of organic waste by 9 the generator. 10 (70) “Source separated organic waste collection stream” has the same meaning as 11 defined in Section 17402(a)(26.6). 12 (70.5) “Special district” has the same meaning as Section 41821.2 of the Public 13 Resources Code. 14 (71) “Supermarket” means a full-line, self-service retail store with gross annual sales 15 of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 16 canned goods, or nonfood items and some perishable items. 17 (72) “The 2014 organic waste disposal baseline” means the total tons of organic 18 waste disposed statewide in 2014 as calculated by the Department. 19 (73) “Tier one commercial edible food generator” means a commercial edible food 20 generator that is one of the following: 21 (A) Supermarket. 22 (B) Grocery store with a total facility size equal to or greater than 10,000 square 23 feet. 24 (C) Food service provider. 25 (D) Food distributor. 26 (E) Wholesale food vendor. 27 (74) “Tier two commercial edible food generator” means a commercial edible food 28 generator that is one of the following: 29 (A) Restaurant with 250 or more seats, or a total facility size equal to or greater 30 than 5,000 square feet. 31 (B) Hotel with an on-site food facility and 200 or more rooms. 32 (C) Health facility with an on-site food facility and 100 or more beds. 33 (D) Large venue. 34 (E) Large event. 35 (F) A state agency with a cafeteria with 250 or more seats or a total cafeteria 36 facility size equal to or greater than 5,000 square feet. 37 (G) A local education agency with an on-site food facility. 38 (75) “Uncontainerized green waste and yard waste collection service” or 39 “uncontainerized service” means a collection service that collects green waste and 40 yard waste that is placed in a pile or bagged for collection on the street in front of a 41 generator’s house or place of business for collection and transport to a facility that 42 recovers source separated organic waste. 43 (76) “Wholesale food vendor” means a business or establishment engaged in the 44 merchant wholesale distribution of food, where food (including fruits and vegetables) 45 2022/06/14 City Council Post Agenda Page 544 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 59 of 127 November 2020 is received, shipped, stored, prepared for distribution to a retailer, warehouse, 1 distributor, or other destination. 2 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Sections 42652.5, 42654; and Health and Safety 4 Code Sections 39730.6and 39730.8. 5 Article 2. Landfill Disposal and Reductions in Landfill Disposal 6 Section 18983.1 Landfill Disposal and Recovery. 7 (a) The following dispositions of organic waste shall be deemed to constitute landfill 8 disposal: 9 (1) Final deposition at a landfill. 10 (2) Use as Alternative Daily Cover or Alternative Intermediate Cover at a landfill. 11 (A) The use of non-organic material as landfill cover shall not constitute landfill 12 disposal of organic waste. 13 (3) Any other disposition not listed in Subdivision (b) of this section. 14 (b) Organic waste sent to one of the following facilities, operations, or used for one of 15 the following activities, and not subsequently sent for landfill disposal, shall be deemed 16 to constitute a reduction of landfill disposal. 17 (1) An operation that qualifies as a “Recycling Center” as set forth in Section 18 17402.5(d) or is listed in Section 17402.5(c) of this division. 19 (2) A “Compostable Material Handling Operation or Facility” as defined in Section 20 17852(a)(12) of this division, small composting activities that would otherwise be 21 excluded from that definition pursuant to Section 17855(a)(4) of this division, or 22 community composting as defined in Section 18982(a)(8). 23 (3) An “In-vessel Digestion Operation or Facility” as listed in Section 17896.5 of this 24 division, or activities that would otherwise not be subject to the in-vessel digestion 25 requirements pursuant to Section 17896.6 of this division. 26 (4) A Biomass Conversion operation or facility as defined in Section 40106 of the 27 Public Resources Code. 28 (5) Used as a soil amendment for erosion control, revegetation, slope stabilization, or 29 landscaping at a landfill, when the material is used in a manner that complies with the 30 following criteria: 31 (A) The material has been processed at a solid waste facility, as defined in Section 32 40194 of the Public Resources Code; and 33 (B) The use shall be: 34 1. Restricted to those organic wastes appropriate for the specific use and in 35 accordance with engineering, industry guidelines or other standard practices 36 specified in the Report of Disposal Site Information, as required by 27 CCR, 37 Section 21600(b)(6). 38 2. Restricted to quantities of solid wastes no more than necessary to meet the 39 minimum requirements of Subdivision (b)(5)(B)1. 40 3. Stored and handled in a manner to protect public health and safety and the 41 environment, and control vectors, fires, odors, and nuisances. 42 (C) The material applied is never more than 12 inches in depth. 43 2022/06/14 City Council Post Agenda Page 545 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 60 of 127 November 2020 (6) Land application, of compostable material consistent with Section 17852(a)(24.5) 1 of this division, is subject to the following conditions on particular types of 2 compostable material used for land application: 3 (A) Green waste or green material used for land application shall meet the 4 definition of Section 17852(a)(21) and shall have been processed at a solid waste 5 facility, as defined by Section 40194 of the Public Resources Code. 6 (B) Biosolids used for land application shall: 7 1. Have undergone anaerobic digestion or composting, as defined in Part 503, 8 Title 40 of the Code of Federal Regulations, Appendix B, sections (A)(1) and 9 (A)(4), as amended August 4, 1999, which is hereby incorporated by reference; 10 and 11 2. Meet the requirements in Section 17852(a)(24.5)(B)6 of this division for 12 beneficial reuse of biosolids. 13 (C) Digestate used for land application shall: 14 1. Have been anaerobically digested at an in-vessel digestion operation or 15 facility, as described in Sections 17896.8 through 17896.13; and 16 2. Meet the land application requirements described in Section 17852(a)(24.5) 17 A. 18 3. Have obtained applicable approvals from the State and/or Regional Water 19 Quality Control Board requirements. 20 (7) Lawful use as animal feed, as set forth in Chapter 6 of Food and Agricultural 21 Code (FAC), commencing with Section 14901 et. seq and Title 3, Division 4, Chapter 22 2, Subchapter 2 commencing with Article 1, Section 2675 of the Code of California 23 Regulations. 24 (8) Other operations or facilities with processes that reduce short-lived climate 25 pollutants as determined in accordance with Section 18983.2. 26 (c) For the purposes of this section, the term “landfill” includes permitted landfills, 27 landfills that require a permit, export out of California for disposal, or any other disposal 28 of waste as defined by Section 40192(c) of the Public Resources Code. 29 (d) For the purposes of this section, edible food that would otherwise be disposed that is 30 recovered for human consumption shall constitute a reduction of landfill disposal. 31 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 32 Reference: Public Resources Code Sections 40106, 40116, 40116.1, 40192 and 33 42652.5; and Health and Safety Code Sections 39730.6 and 39730.8. 34 Section 18983.2 Determination of Technologies That Constitute a Reduction in 35 Landfill Disposal. 36 (a) For operations, facilities or activities not expressly identified in Section 18983.1, as 37 reducing landfill disposal, the following process shall be used to determine if processes 38 or technologies shall be deemed to constitute a reduction of landfill disposal: 39 (1) The applicant shall submit the following information to the Department: 40 (A) Name and contact information for the person responsible for the information in 41 the report. 42 (B) Detailed explanation of each of the processes or technologies proposed by the 43 applicant for use to reduce landfill disposal. 44 2022/06/14 City Council Post Agenda Page 546 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 61 of 127 November 2020 (C) For each process or technology noted in Section 18983.2(a)(1)(B), the mass in 1 short tons of organic waste, differentiated by type (i.e., food, leaves and grass, 2 woody material (not including lumber or agricultural crop residues), lumber, 3 agricultural crop residues, manure, sewage sludge (not including digestate), 4 digestate, organic textiles and carpet, paper products, and remainder/composite 5 organic), that will be processed each year. 6 (D) For any material produced from the proposed process or technology, a 7 description of each end use or landfill disposal location to which the material will 8 be sent. For each end use or landfill disposal location, the applicant must submit 9 the expected mass in short tons and characteristics of the material. 10 (E) For each of the processes or technologies described pursuant to Section 11 18983.2(a)(1)(B), each calculation, assumption, and emission factor used by the 12 applicant to calculate the greenhouse gas emissions as well as the expected 13 permanent greenhouse gas emissions reduction of the proposed operation, 14 including the estimated greenhouse gas emissions and permanent greenhouse 15 gas emissions reductions of any end uses or landfill disposal of material described 16 in Section 18983.2(a)(1)(D). All calculations must be clearly laid out such that the 17 Department is able to follow and understand the calculation of greenhouse gas 18 emissions reduction potential. 19 (F) For each greenhouse gas emission factor or greenhouse gas emission 20 reduction factor used pursuant to Section 18983.2(a)(1)(E), documentation 21 demonstrating that the emission factor or emission reduction factor has been peer 22 reviewed or subjected to other scientifically rigorous review methods. 23 (G) A detailed explanation of how the proposed technology or process will result in 24 a permanent reduction in greenhouse gas emissions. 25 (H) A written attestation that the information supplied is true, accurate, and 26 complete. 27 (I) The director of the Department may request additional information from the 28 applicant if required to validate the information submitted pursuant to this section. 29 (2) The Department shall consult with the Executive Office of the California Air 30 Resources Board (CARB) to evaluate if the information submitted by the applicant is 31 sufficient to estimate the greenhouse gas emissions and permanent lifecycle GHG 32 emissions reduction of the proposed recovery process or operation. Within 30 days of 33 receiving the application, the Department shall inform the applicant if they have not 34 submitted sufficient information to estimate the greenhouse gas emissions and 35 permanent lifecycle greenhouse gas emissions reductions associated with the 36 proposed recovery process or operation. For further consideration of any application 37 submitted without sufficient information, the applicant is required to submit the 38 requested information. The Department shall provide a response to the applicant 39 within 180 days of receiving all necessary information as to whether or not the 40 proposed recovery process or operation results in a permanent reduction in 41 greenhouse gas emissions, and therefore counts as a reduction in landfill disposal. 42 (3) To determine if the proposed operation counts as a permanent reduction in landfill 43 disposal, the Department, in consultation with CARB’s Executive Office, shall 44 compare the permanent lifecycle GHG emissions reduction of metric tons of carbon 45 dioxide equivalent (MTCO2e) per short ton organic waste reduced by the process or 46 2022/06/14 City Council Post Agenda Page 547 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 62 of 127 November 2020 technology, with the emissions reduction from composting organic waste (0.30 1 MTCO2e/short ton organic waste). The Department shall only deem a proposed 2 operation to constitute a reduction in landfill disposal if the process or technology 3 results in a permanent reduction in lifecycle greenhouse gas emissions equal to or 4 greater than the 0.30 MTCO2e/short ton of organic waste. 5 (b) If the Department determines that a proposed process or technology results in a 6 reduction in landfill disposal, the Department shall post to its website the results of the 7 determination and include a description of the operation. 8 (c) Upon request of the applicant, as part of determination of activities that constitute a 9 reduction in landfill disposal, the Department may consider additional information 10 provided by the applicant that demonstrates that the proposed activity is identical or 11 equivalent to a proposed activity the Department has determined pursuant to Section 12 18983.2(a) results in a reduction in landfill disposal. 13 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 14 Reference: Public Resources Code Sections 40192 and 42652.5; and Health and 15 Safety Code Section 39730.6. 16 Article 3. Organic Waste Collection Services 17 Section 18984. Combined Organic Waste Collection Services. 18 A jurisdiction may provide any combination of organic waste collection services 19 specified in Sections 18984.1, 18984.2, and 18984.3 to generators subject to its 20 authority. 21 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6. 24 Section 18984.1. Three-container Organic Waste Collection Services. 25 (a) A jurisdiction may comply with the requirements of this article by implementing a 26 three-container organic waste collection service and providing a green container, a blue 27 container, and a gray container to each generator in the following manner: 28 (1) The green container shall be provided for the collection of organic waste. The 29 green container shall be intended for the collection of organic waste only and not 30 non-organic waste. The contents of the green container shall be transported to a 31 facility that recovers source separated organic waste. 32 (A) Compostable plastics may be placed in the green container if the material 33 meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 34 published May, 2019, which is hereby incorporated by reference, and the contents 35 of the green containers are transported to compostable material handling 36 operations or facilities or in-vessel digestion operations or facilities that have 37 provided written notification annually to the jurisdiction stating that the facility can 38 process and recover that material. 39 (2) The blue container shall be provided for the collection of non-organic recyclables 40 only but may include the following types of organic wastes: paper products, printing 41 2022/06/14 City Council Post Agenda Page 548 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 63 of 127 November 2020 and writing paper, wood and dry lumber and textiles. The contents of the blue 1 container shall be transported to a facility that recovers the materials designated for 2 collection in the blue container. 3 (3) The gray container shall be for the collection of non-organic waste only. 4 (4) A jurisdiction may comply with this section by providing a container or containers 5 that are split or divided into segregated sections, instead of an entire container, as 6 long as the lids of the separate sections of a split container comply with the container 7 color requirements and material limitations specified in this section. 8 (5) Materials specified in this paragraph shall be subject to the following restrictions: 9 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 10 collected in the green container. 11 (B) Hazardous wood waste shall not be collected in the blue container or gray 12 container. 13 (6) A jurisdiction may require additional segregation of source separated organic 14 waste by providing additional containers or additional sections of split containers in 15 addition to the green container and blue container. The following types of additional 16 containers can be provided pursuant to this paragraph. 17 (A) A brown container, or a brown section of a split container that is limited to the 18 collection of separated food waste. 19 (B) If a jurisdiction segregates the contents of a blue container into an additional 20 container or additional section of a split container in order to separate organic 21 wastes specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction 22 may use a darker shade of blue for the container or section of the container 23 designated for the collection of organic waste, and a lighter shade of blue, or any 24 color not already designated for other materials specified in this section, for the 25 collection of non-organic recyclables. 26 (C) Additional containers, or sections of split containers provided for collection of 27 additionally separated organic waste not specified in this section, may be provided 28 in any color provided that the colors do not conflict with the container color 29 requirements of this section. 30 (b) A jurisdiction that provides a three-container organic waste collection service that 31 complies with Subdivision (a) may transport the contents of the gray container to a 32 facility that processes and recovers organic waste. A jurisdiction that complies with 33 Subdivision (a) is not required to transport the contents of the gray container to a facility 34 that meets or exceeds the organic waste content recovery standard specified in Section 35 18984.3. A jurisdiction will not be considered out of compliance with Subdivision (a) if it 36 allows carpet and textiles to be placed in the gray container. 37 (c) Notwithstanding Subdivision (a), a jurisdiction providing a three-container organic 38 waste collection service may allow organic waste, such as food waste, to be collected in 39 the gray container provided that the collection program complies with the following: 40 (1) The contents of the gray container shall be transported to a facility that meets or 41 exceeds the organic waste content recovery requirements specified in Section 42 18984.3. 43 (2) The gray container is labeled in a manner consistent with Section 18984.8 that 44 identifies the types of organic waste content accepted in the gray container. 45 2022/06/14 City Council Post Agenda Page 549 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 64 of 127 November 2020 (3) The jurisdiction otherwise provides green and blue containers in a manner that 1 complies with the requirements and limitations specified in Subdivision (a) of this 2 section. 3 (d) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 4 the green container provided that allowing the use of bags does not inhibit the ability of 5 the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 6 that recover source separated organic waste for the jurisdiction annually provide written 7 notice to the jurisdiction indicating that the facility can process and remove plastic bags 8 when it recovers source separated organic waste. 9 (e) Nothing in this section is intended to prohibit a jurisdiction from providing an 10 uncontainerized green waste and yard waste collection service to its generators, 11 provided that the three container service complies with the following: 12 (1) If an uncontainerized green waste and yard waste collection service is provided 13 intermittently or on a seasonal basis, a green container is still provided for collection 14 of organic waste as required in Subdivision (a)(1) whenever the uncontainerized 15 service is not provided. 16 (2) If an uncontainerized green waste and yard waste collection service is provided 17 year-round, generators receiving that service must be provided a collection service 18 for the collection of other organic waste in a manner that complies with this section. 19 (f) Notwithstanding Subdivision (a), the contents of containers may be initially 20 transported to a consolidation site as defined in Section 17402 that complies with the 21 requirements of Section 17409.5.10. 22 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23 Reference: Public Resources Code Section 42652.5and Health and Safety Code 24 Section 39730.6. 25 Section 18984.2. Two-container Organic Waste Collection Services. 26 (a) A jurisdiction may comply with the requirements of this article by implementing a 27 two-container organic waste collection service as provided below: 28 (1) A two container system where a green container and a gray container are 29 provided and: 30 (A) The green container is limited to the collection of organic waste only. The 31 contents of the green container shall be transported to a facility that specifically 32 recovers source separated organic waste. 33 (B) The gray container allows for intentional comingling of all collected wastes, 34 including organic waste that is not designated for collection in the green container, 35 provided that the contents of the gray container are transported to a facility that 36 meets or exceeds the organic waste content recovery requirements specified in 37 Section 18984.3. 38 (C) Compostable plastics may be placed in the green container if the material 39 meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 40 published May, 2019, which is hereby incorporated by reference, and contents of 41 the green containers are transported to compostable material handling operations 42 or facilities or in-vessel digestion operations or facilities that have provided written 43 2022/06/14 City Council Post Agenda Page 550 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 65 of 127 November 2020 notification annually to the jurisdiction stating that the facility can process and 1 recover that material; or 2 (2) A two container system where a blue container and a gray container are provided 3 and: 4 (A) The blue container is limited to the collection of non-organic recyclables only, 5 but may include the following types of organic wastes: paper products, printing and 6 writing paper, wood and dry lumber, and textiles. The contents of the blue 7 container shall be transported to a facility that recovers the materials designated 8 for collection in the blue container. 9 (B) The gray container allows for intentional comingling of all collected wastes, 10 including organic waste that is not designated for collection in the blue container, 11 provided that the contents of the gray container are transported to a facility that 12 meets or exceeds the organic waste content recovery requirements specified in 13 Section 18984.3. 14 (b) A jurisdiction shall, consistent with Section 18984.8 of this article, clearly identify the 15 types of wastes accepted in each container and which container shall be used for the 16 collection of any unidentified materials. 17 (c) Materials specified in this Subdivision shall be subject to the following restrictions: 18 (1) Carpets, non-compostable paper, and hazardous wood waste shall not be 19 collected in the green container. 20 (2) Hazardous wood waste shall not be collected in the blue or gray container. 21 (d) A jurisdiction may comply with this section by providing a container or containers 22 that are split or divided into segregated sections, instead of an entire container, as long 23 as the lids of the separate sections of a split container comply with the container color 24 requirements and material limitations specified in this section. 25 (1) If a jurisdiction segregates the contents of a blue container into an additional 26 container or additional section of a split container in order to separate organic wastes 27 specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction may use 28 a darker shade of blue for the container or section of the container designated for the 29 collection of organic waste, and a lighter shade of blue, or any color not already 30 designated for other materials specified in this section, for the collection of non-31 organic recyclables. 32 (e) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 33 the green container provided that allowing the use of bags does not inhibit the ability of 34 the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 35 that recover source separated organic waste for the jurisdiction annually provide written 36 notice to the jurisdiction indicating that the facility can process and remove plastic bags 37 when it recovers source separated organic waste. 38 (f) Nothing in this section is intended to prohibit a jurisdiction from providing an 39 uncontainerized green waste and yard waste collection service to its generators, 40 provided that the two container service complies with the following: 41 (1) If an uncontainerized green waste and yard waste collection service is provided 42 intermittently or on a seasonal basis, a container is still provided for collection of 43 organic waste as required in Subdivision (a) whenever the uncontainerized service is 44 not provided. 45 2022/06/14 City Council Post Agenda Page 551 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 66 of 127 November 2020 (2) If an uncontainerized green waste and yard waste collection service is provided 1 year-round, generators receiving that service must be provided a collection service 2 for the collection of other organic waste in a manner that complies with this section. 3 (g) Notwithstanding Subdivision (a), the contents of containers may be initially 4 transported to a consolidation site as defined in Section17402 that complies with the 5 requirements of Section 17409.5.10. 6 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7 Reference: Public Resources Code Section 42652.5; and Health and Safety Code 8 Section 39730.6. 9 Section 18984.3. Unsegregated Single-Container Collection Services. 10 (a) A jurisdiction may comply with the requirements of this article by providing a single 11 gray container to each generator that allows for intentional comingling of all collected 12 wastes, including organic waste, provided that the contents of the gray container are 13 transported to a high diversion organic waste processing facility. 14 (b) If the facility that the container is transported to has an annual average mixed waste 15 organic content recovery rate that is lower than required in Section 18982(a)(33) for two 16 (2) consecutive quarterly reporting periods or three (3) quarterly reporting periods within 17 three (3) years, the facility shall not qualify as a high diversion organic waste processing 18 facility. 19 (c) If the jurisdiction is in violation of this section due to a facility to which it sends 20 organic waste being unable to meet the required annual average mixed waste organic 21 content recovery rate, the jurisdiction shall be subject to the enforcement process in 22 Section 18996.2, which may include a corrective action plan as specified in that section 23 allowing it time to meet the requirements of this article prior to the Department seeking 24 administrative penalties. 25 (d) Notwithstanding Subdivision (a), the contents of containers may be initially 26 transported to a consolidation site as defined in Section 17402 that complies with the 27 requirements of Section 17409.5.10. 28 (e) A jurisdiction may allow organic waste specified for collection in the gray container to 29 be placed in bags for collection. 30 (f) Nothing in this section is intended to prohibit a jurisdiction from providing an 31 uncontainerized green waste and yard waste collection service to its generators, 32 provided that the service complies with the following: 33 (1) Generators receiving that service must be provided a collection service for the 34 collection of other organic waste in a manner that complies with this section. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37 Section 39730.6. 38 Section 18984.4. Recordkeeping Requirements for Compliance with Organic 39 Waste Collection Services. 40 (a) A jurisdiction shall include the following information and documents in the 41 Implementation Record required by Section 18995.2: 42 2022/06/14 City Council Post Agenda Page 552 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 67 of 127 November 2020 (1) A description of which collection method(s) it will use to comply with this article. 1 (2) The geographical area for each collection method. 2 (3) If the jurisdiction is using a service that requires the contents of containers 3 provided by the jurisdiction to be transported to a high diversion organic waste 4 processing facility, the jurisdiction shall at a minimum: 5 (A) List all high diversion organic waste processing facilities used by the 6 jurisdiction. 7 (B) List all approved haulers in the jurisdiction that are allowed to take organic 8 waste to the jurisdiction’s identified high diversion organic waste processing facility 9 or facilities. 10 (C) The geographical area the hauler(s) serves, the routes serviced, or a list of 11 addresses served. 12 (4) If the jurisdiction allows compostable plastics to be placed in the green container 13 pursuant to Section 18984.1 or 18984.2, a copy of written notification received from 14 each facility serving the jurisdiction indicating that the facility recovers that material. 15 (5) If the jurisdiction allows organic waste to be collected in plastic bags pursuant to 16 Section 18984.1 or 18984.2, a copy of written notification received from each facility 17 serving the jurisdiction indicating that the facility can process and remove plastic 18 bags when it recovers source separated organic waste. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section42652.5 and Health and Safety Code 21 Section 39730.6. 22 Section 18984.5. Container Contamination Minimization. 23 (a) A generator shall not place prohibited container contaminants in a collection 24 container. A jurisdiction shall monitor the containers provided to generators using a 25 three-container or two-container organic waste collection service pursuant to Section 26 18984.1 or 18984.2 to minimize prohibited container contaminants in a manner that 27 complies with either the provisions of Subdivision (b) or the provisions of Subdivision (c) 28 of this section. 29 (1) A jurisdiction that implements a performance-based source separated collection 30 service pursuant to Section 18998.1 shall monitor containers through waste 31 evaluations as specified in the provisions of Subdivision (c). 32 (b) A jurisdiction may meet its container contamination minimization requirements by 33 conducting a route review for prohibited container contaminants on containers in a 34 manner that results in all hauler routes being reviewed annually. Containers may be 35 randomly selected along a hauler route. This section should not be construed to require 36 that every container on a hauler route must be sampled annually. 37 (1) Upon finding prohibited container contaminants in a container, the jurisdiction, 38 shall notify the generator of the violation. 39 (A) The notice shall, at a minimum, include information regarding the generator’s 40 requirement to properly separate materials into the appropriate containers and may 41 include photographic evidence of the violation. 42 2022/06/14 City Council Post Agenda Page 553 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 68 of 127 November 2020 (B) The notice may be left on the generator’s container, gate, or door at the time the 1 violation occurs, and/or be mailed, e-mailed, or electronically messaged to the 2 generator. 3 (2) If a jurisdiction observes prohibited container contaminants in a generator’s 4 collection container(s), it may dispose of the container’s contents. 5 (3) Notwithstanding Section 18995.1(a)(5), this chapter does not require a jurisdiction 6 to impose administrative civil penalties on generators in violation of the prohibited 7 container contaminants requirement in Subdivision (a), above. 8 (c) A jurisdiction may meet its container contamination minimization requirements by 9 conducting waste evaluations that meet the following standards: 10 (1) The jurisdiction shall conduct waste evaluations for prohibited container 11 contaminants in the following manner: 12 (A) A jurisdiction that implements a three-container or two-container organic waste 13 collection service pursuant to Sections 18984.1 or 18984.2 shall conduct waste 14 evaluations at least twice per year and the studies shall occur in two distinct 15 seasons of the year. 16 (B) A jurisdiction that implements a performance-based source separated 17 collection service pursuant to Section 18998.1 shall conduct waste evaluations at 18 least twice per year for the blue and green containers and once per quarter for the 19 gray container. 20 (C) The waste evaluations shall include samples of each container type served by 21 the jurisdiction. 22 (D) The waste evaluations shall include samples taken from different areas in the 23 jurisdiction that are representative of the jurisdiction’s waste stream. 24 (E) The waste evaluations shall include at least the following minimum number of 25 samples from all the hauler routes included in the studies: 26 1. For routes with less than 1,500 generators the study shall include a minimum 27 of 25 samples. 28 2. For routes with 1,500-3,999 generators the study shall include a minimum of 29 30 samples. 30 3. For routes with 4,000- 6,999 generators the study shall include a minimum of 31 35 samples. 32 4. For routes with 7,000 or more generators the study shall include a minimum 33 of 40 samples. 34 (F) All of the material collected for sampling must be transported to a sorting area 35 at a permitted solid waste facility where the presence of prohibited container 36 contaminants for each container type is measured to determine the ratio of 37 prohibited container contaminants present in each container type by weight. To 38 determine the ratio of prohibited container contaminants the jurisdiction shall use 39 the following protocol: 40 1. Take one sample of at least 200 pounds from the material collected from 41 each container stream for sampling (e.g. a 200 pound sample taken from the 42 contents of all of the green containers collected for sampling). 43 2. The 200 pound sample shall be randomly selected from different areas of the 44 pile of collected material for that container type. 45 2022/06/14 City Council Post Agenda Page 554 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 69 of 127 November 2020 3. For each 200 pound sample, remove any prohibited container contaminants 1 and determine the weight of prohibited container contaminants. 2 4. Then determine the ratio of prohibited container contaminants in the sample 3 by dividing the total weight of prohibited container contaminants by the total 4 weight of the sample. 5 (2) If the sampled weight of prohibited container contaminants exceeds 25 percent of 6 the measured sample for any container type, the jurisdiction shall perform one of the 7 following: 8 (A) Notify all generators on the sampled hauler routes of their requirement to 9 properly separate materials into the appropriate containers. The jurisdiction may 10 provide this information by placing a notice on the generator’s container, gate, or 11 door, and/or by mail, e-mail, or electronic message to the generator. 12 (B) Perform a targeted route review of containers on the routes sampled for waste 13 evaluations to determine the sources of contamination and notify those generators 14 of their obligation to properly separate materials. The jurisdiction may provide this 15 information to these generators by placing a notice on the generator’s container 16 gate, or door, and/or by mail, e-mail, or electronic message to the applicable 17 generators. 18 (d) A jurisdiction that implements a performance-based source separated collection 19 service pursuant to Section 18998.1 shall notify the department within 30 days of finding 20 prohibited container contaminants in the gray container collection stream that exceed 25 21 percent of the measured sample by weight in each of two consecutive waste 22 evaluations performed on gray containers pursuant to the requirements of Subdivision 23 (c), above. 24 (1) A jurisdiction that implements a performance-based source separated collection 25 service pursuant to Section 18998.1 that exceeds an annual average of 25 percent 26 by weight of prohibited container contaminants in the gray container collection shall 27 be subject to the process described in Section 18998.1(c). 28 (e) A jurisdiction that implements a performance-based source separated collection 29 service pursuant to Section 18998.1 shall, upon request, allow a representative of the 30 department to oversee its next scheduled quarterly sampling of the gray container. 31 (f) For the purposes of demonstrating compliance with 18998.1, organic waste that is 32 textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to 33 a quarantine on movement issued by a county agricultural commissioner, is not required 34 to be measured as organic waste. 35 (g) Nothing in this section limits a jurisdiction from adopting contamination standards, 36 fees, sampling methodologies, or noticing protocols that are more stringent or rigorous 37 than the requirements of this section. 38 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40 Section 39730.6. 41 2022/06/14 City Council Post Agenda Page 555 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 70 of 127 November 2020 Section 18984.6. Recordkeeping Requirements for Container Contamination 1 Minimization. 2 (a) A jurisdiction shall include the following information and documents related to its 3 compliance with Section 18984.5, in the Implementation Record required by Section 4 18995.2 of this chapter. 5 (1) A description of the jurisdiction’s process for determining the level of container 6 contamination. 7 (2) Documentation of route reviews conducted pursuant to Section 18984.5(b), as 8 described in Section 18995.1 of this chapter, if applicable. 9 (3) If applicable, documentation of waste evaluations performed pursuant to Section 10 18984.5(c), including information on targeted route reviews conducted as a result of 11 the studies. The documentation shall at a minimum include dates of the studies, the 12 location of the solid waste facility where the study was performed, routes, source 13 sector (e.g. commercial or residential), number of samples, weights and ratio of 14 prohibited container contaminants and total sample size. 15 (4) Copies of all notices issued to generators with prohibited container contaminants. 16 (5) Documentation of the number of containers where the contents were disposed 17 due to observation of prohibited container contaminants. 18 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 19 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 20 Section 39730.6. 21 Section 18984.7. Container Color Requirements. 22 (a)A jurisdiction shall provide containers, for collection services, to generators that 23 comply with the container color requirements specified in this article. 24 (b) Notwithstanding Subdivision (a), a jurisdiction is not required to replace functional 25 containers, including containers purchased prior to January 1, 2022, that do not comply 26 with the color requirements of this article prior to the end of the useful life of those 27 containers, or prior to January 1, 2036, whichever comes first. 28 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30 Section 39730.6. 31 Section 18984.8. Container Labeling Requirements. 32 (a) Commencing January 1, 2022, a jurisdiction shall place a label on each new 33 container or lid provided to generators consistent with the applicable container collection 34 requirements and limitations of this article specifying what materials are allowed to be 35 placed in each container. 36 (b) A jurisdiction may comply with this section by: 37 (1) Placing labels on containers that include language or graphic images or both that 38 indicate the primary materials accepted and the primary materials prohibited in that 39 container; or 40 (2) Providing containers with imprinted text or graphic images that indicate the 41 primary materials accepted and the primary materials prohibited in that container. 42 2022/06/14 City Council Post Agenda Page 556 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 71 of 127 November 2020 (c) Labels shall clearly indicate primary items that are prohibited container contaminants 1 for each container. 2 (d) A jurisdiction may comply with this section by using model labeling provided by the 3 Department. 4 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 5 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 6 Section 39730.6. 7 Section 18984.9 Organic Waste Generator Requirements. 8 (a) Organic waste generators shall comply with applicable local requirements adopted 9 pursuant to this article for the collection and recovery of organic waste, by either: 10 (1) Subscribing to and complying with the requirements of the organic waste 11 collection service provided by their jurisdiction; or 12 (2) Self-hauling organic waste in a manner that complies with the requirements of 13 Article 7 of this chapter. 14 (b) Generators that are commercial businesses, except for multifamily residential 15 dwellings, shall also: 16 (1) Provide containers for the collection of organic waste and non-organic recyclables 17 in all areas where disposal containers are provided for customers, except for 18 restrooms. The containers provided by the business shall have either: 19 (A) A body or lid that conforms with the container colors provided through the 20 organic waste collection service provided by their jurisdiction; or 21 (B) Container labels that comply with the requirements of Section 18984.8. 22 (2) Prohibit their employees from placing organic waste in a container not designated 23 to receive organic waste as set forth in Sections 18984.1(a)(5) and 18984.2(c). 24 (3) Periodically inspect organic waste containers for contamination and inform 25 employees if containers are contaminated and of the requirement to only use those 26 containers for organic waste. 27 (c) Nothing in this section prohibits a generator from preventing or reducing waste 28 generation, managing organic waste on site, or using a community composting site. 29 (d) A commercial business is not required to replace functional containers, including 30 containers purchased prior to January 1, 2022, that do not comply with the requirements 31 of this article prior to the end of the useful life of those containers, or prior to January 1, 32 2036, whichever comes first. 33 (e) If a business does not generate any of the materials that would be collected in one 34 type of container, then the business does not have to provide that particular container in 35 all areas where disposal containers are provided for customers. 36 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38 Section 39730.6. 39 Section 18984.10. Commercial Business Owner Responsibilities. 40 (a) Commercial businesses shall provide or arrange for organic waste collection 41 services consistent with this article and local requirements, for employees, contractors, 42 2022/06/14 City Council Post Agenda Page 557 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 72 of 127 November 2020 tenants, and customers, including supplying and allowing access to an adequate 1 number, size, and location of containers with sufficient labels or container color. 2 (b) Commercial businesses shall annually provide information to employees, 3 contractors, tenants, and customers about organic waste recovery requirements and 4 about proper sorting of organic waste. 5 (1) Commercial businesses shall provide information to new tenants before or within 6 14 days of occupation of the premises. 7 (c) Commercial businesses shall provide or arrange for access to their properties during 8 all inspections conducted pursuant to Article 14 of this chapter (commencing with 9 Section 18995.1). 10 (1) This subdivision is not intended to permit an employee or agent of the 11 Department, or a jurisdiction, to enter the interior of a private residential property. 12 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 13 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 14 Section 39730.6. 15 Section 18984.11. Waivers Granted by a Jurisdiction. 16 (a) A jurisdiction may grant one or more of the following types of waivers to a generator 17 of organic waste: 18 (1) De Minimis Waivers. 19 (A) A jurisdiction may waive a commercial business’ obligation to comply with 20 some or all of the organic waste requirements of this article if the commercial 21 business provides documentation or the jurisdiction has evidence demonstrating 22 that: 23 1. The commercial business’ total solid waste collection service is two cubic 24 yards or more per week and organic waste subject to collection in a blue 25 container or a green container as specified in Section 18984.1(a) comprises 26 less than 20 gallons per week per applicable container of the business’ total 27 waste. 28 2.The commercial business’ total solid waste collection service is less than two 29 cubic yards per week and organic waste subject to collection in a blue container 30 or a green container as specified in Section 18984.1(a) comprises less than 10 31 gallons per week per applicable container of the business’ total waste. 32 (B) A jurisdiction shall, consistent with Section 18995.1, verify that the commercial 33 business’ organic waste generation meets the waiver thresholds set forth in this 34 subdivision. 35 (C) If a jurisdiction obtains information at any time that a commercial business that 36 has received a waiver is exceeding the organic waste thresholds specified in 37 Subsection (A)1. or (A)2., the jurisdiction shall rescind the waiver. 38 (2) Physical Space Waivers. 39 (A) A jurisdiction may waive a commercial business’ or property owner’s obligation 40 to comply with some or all of the organic waste collection service requirements of 41 this article if the commercial business or property owner provides documentation, 42 or the jurisdiction has evidence from its staff, a hauler, licensed architect, or 43 2022/06/14 City Council Post Agenda Page 558 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 73 of 127 November 2020 licensed engineer demonstrating that the premises lack adequate space for any of 1 the organic waste container configurations allowed under 18984.1(a) or 18984.2. 2 (3) Collection Frequency Waivers. 3 (A) A jurisdiction may allow the owner or tenant of any residence, premises, 4 business establishment or industry that subscribes to a three-container or two-5 container organic waste collection service to arrange for the collection of solid 6 waste in a blue container, a gray container, or both once every fourteen days, 7 provided that: 8 1.The jurisdiction, or its authorized hauler, demonstrates to the enforcement 9 agency, as defined in Public Resources Code 40130 that less frequent 10 collection than required by Section 17331 of Title 14 of the California Code of 11 Regulations will not cause receiving solid waste facilities, operations, or both to 12 be in violation of applicable state minimum standards described in Subchapter 4 13 of Chapter 3 of Subdivision 1 of Title 27 or Title 14, Sections 17200 et seq. 14 (b) Nothing in this section allows a jurisdiction to exempt a business subject to the 15 requirements of Section 42649.81 of the Public Resources Code from compliance with 16 that section. 17 (c) Notwithstanding Section 18981.2, the authority to issue a waiver authorized by this 18 section cannot be delegated to a private entity. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21 Section 39730.6. 22 Section 18984.12. Waivers and Exemptions Granted by the Department. 23 (a) Low population waivers. 24 (1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 25 some or all its generators from some or all of the requirements of this article if the 26 following apply: 27 (A) The jurisdiction disposed less than 5,000 tons of solid waste in 2014 as 28 reported in the Disposal Reporting System. 29 (B) The jurisdiction has a total population of less than 7,500 people. 30 (2) A jurisdiction may apply to the Department for a waiver from some or all of the 31 requirements of this article for census tracts that have a population density of less 32 than 75 people per square mile that are served by the jurisdiction and are located in 33 unincorporated portions of a county. 34 (b) Waivers issued pursuant to Subdivision (a) shall be good for a period of up to five 35 years and shall be subject to approval by the Department as follows: 36 (1) A jurisdiction shall submit a request for a waiver with the following information: 37 (A)The number of generators that will be included in the waiver. 38 (B) The requested length of the waiver. 39 (C) If the request for a waiver is submitted by a jurisdiction seeking to waive 40 unincorporated census tracts, the jurisdiction shall identify each census tract that 41 will be waived. 42 2022/06/14 City Council Post Agenda Page 559 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 74 of 127 November 2020 (2) The Department shall review and evaluate and approve or deny a waiver request 1 within 90 days. The Department shall approve a request to grant a waiver if it meets 2 the requirements of this section.enforc 3 (3) A jurisdiction may apply to renew a waiver issued pursuant to Subdivision (a) at 4 any time up to 180 days prior to the expiration of an existing waiver. 5 (c) Rural Exemptions. 6 (1)The Department shall grant an exemption from complying with the organic waste 7 collection requirements specified in this article for rural jurisdictions that meet the 8 definition of a “Rural Jurisdiction” in Section 42649.8 of the Public Resources Code, if 9 the governing body of the jurisdiction adopts a resolution that includes a finding as to 10 the purpose of and need for the exemption. 11 (2) An exemption implemented pursuant to this subdivision shall be valid until 12 December 31, 2026 or until five years after the Department makes a determination 13 pursuant to Section 42649.82 (a)(2)(D) that the statewide disposal of organic waste 14 has not been reduced to 50 percent of the level of disposal during the 2014 calendar 15 year, whichever is later. 16 (d) Elevation Waivers. 17 (1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 18 some or all of its generators from the requirement to separate and recover food 19 waste and food-soiled paper if the entire jurisdiction is located at or above an 20 elevation of 4,500 feet. 21 (2) A jurisdiction may apply to the Department for a waiver for some or all of its 22 generators from the requirement to separate and recover food waste and food-soiled 23 paper in census tracts located in unincorporated portions of a county that are located 24 at or above 4,500 feet. 25 (3) The area of a jurisdiction that is waived pursuant to this section is not required to 26 provide containers to generators as prescribed in Section 18984.7. 27 (4) Residential and commercial generators located within an area that is waived 28 pursuant to this section may deposit food waste and food-soiled paper in a disposal 29 container. 30 (5) A jurisdiction shall submit a request for a waiver with the following information: 31 (A)The number of generators that will be included in the waiver. 32 (B) If the request for a waiver is submitted by a jurisdiction seeking to waive 33 unincorporated census tracts, the jurisdiction shall identify each census tract that 34 will be waived. 35 (6) The Department shall review and evaluate and approve or deny a waiver request 36 within 90 days. The Department shall approve a request to grant a waiver if it meets 37 the requirements of this section. 38 (7) Nothing in this subdivision waives a jurisdiction from its obligation to provide a 39 collection service that collects and recycles the other types of organic wastes 40 specified in Section 18984.1, 18984.2, or 18984.3 in a manner that meets the 41 requirements of those sections. 42 (e) Nothing in this section exempts a jurisdiction from complying with the other 43 requirements to promote and provide information to generators about waste prevention, 44 community composting, managing organic waste on-site, and other means of 45 recovering organic waste, or any other requirements of this chapter. 46 2022/06/14 City Council Post Agenda Page 560 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 75 of 127 November 2020 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2 Section 39730.6. 3 Section 18984.13. Emergency Circumstances, Abatement, Quarantined Materials 4 and Federally Regulated Waste. 5 (a) Emergency Processing Facility Temporary Equipment or Operational Failure 6 Waivers. 7 (1) If the facility processing a jurisdiction’s organic waste notifies the jurisdiction that 8 unforeseen operational restrictions have been imposed upon it by a regulatory 9 agency or that an unforeseen equipment or operational failure will temporarily 10 prevent the facility from processing and recovering organic waste, the jurisdiction 11 may allow the organic waste stream transported to that facility to be deposited in a 12 landfill or landfills for up to 90 days from the date of the restriction or failure. 13 (2) A jurisdiction shall notify the Department in writing within 10 days of a waiver 14 decision pursuant to Subdivision (a)(1). The notice sent to the Department shall 15 include a description of the equipment failure or operational restriction that occurred 16 at the facility, the period of time that the jurisdiction will allow the organic waste 17 stream to be deposited in a landfill or landfills, and the Recycling and Disposal 18 Reporting System Number of the facility that experienced the temporary equipment 19 or operational failure preventing it from receiving some or all of the jurisdiction’s 20 waste. 21 (b) Disasters and emergency waivers. 22 (1) A jurisdiction may submit a request for a waiver for the landfill disposal of 23 “disaster debris” as defined in Section 17210.1(d) of this division that cannot be 24 diverted as defined in Section 17210.1(e) of this division if a waiver or waivers have 25 been granted pursuant to Sections 17210.4 and 17210.9 of this division. 26 (2) If a waiver or waivers have been granted pursuant to Subsection (1) the 27 Department shall waive the organic waste collection requirements of this article in the 28 affected areas for the duration of the waiver. 29 (3) A jurisdiction may dispose of sediment debris removed from dams, culverts, 30 reservoirs, channels and other flood control infrastructure if the material is subject to 31 a waste discharge requirement issued by the regional water quality control board that 32 requires the average organic content of the debris to be less than five percent. 33 (c) A jurisdiction is not required to separate or recover organic waste that is removed 34 from homeless encampments and illegal disposal sites as part of an abatement activity 35 to protect public health and safety. If the total amount of solid waste removed for landfill 36 disposal pursuant to this subdivision is expected to exceed 100 tons annually the 37 jurisdiction shall record the amount of material removed. 38 (d) A jurisdiction may dispose of specific types of organic waste that are subject to 39 quarantine and meet the following requirements: 40 (1) The organic waste is generated from within the boundaries of an established 41 interior or exterior quarantine area defined by the California Department of Food and 42 Agriculture for that type of organic waste. 43 (2) The California Department of Food and Agriculture or the County Agricultural 44 Commissioner determines that the organic waste must be disposed at a solid waste 45 2022/06/14 City Council Post Agenda Page 561 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 76 of 127 November 2020 landfill and the organic waste cannot be safely recovered through any of the recovery 1 activities identified in Article 2 of this chapter. 2 (3) The jurisdiction retains a copy of the California Department of Food and 3 Agriculture approved compliance agreement for each shipment stating that the 4 material must be transported to a solid waste landfill operating under the terms of its 5 own compliance agreement for the pest or disease of concern. 6 (e) Nothing in this chapter requires generators, jurisdictions or other entities subject to 7 these regulations to manage and recover organic waste that federal law explicitly 8 requires to be managed in a manner that constitutes landfill disposal as defined in this 9 chapter. 10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6. 13 Section 18984.14. Recordkeeping Requirements for Waivers and Exemptions. 14 (a) A jurisdiction shall include the following information and documents in the 15 Implementation Record required by Section 18995.2: 16 (1) A copy of all correspondence received from a facility that triggered a Processing 17 Facility Temporary Equipment or Operational Failure Waiver and documentation 18 setting forth the date of issuance of the waiver, the timeframe for the waiver, and the 19 locations or routes affected by the waiver. 20 (2) A description of the jurisdiction’s process for issuing waivers and frequency of 21 inspections by the jurisdiction to verify the validity of waivers. 22 (3) A copy of all De Minimis Waivers, including the location, date issued, and name of 23 generators. 24 (4) A copy of all Physical Space Waivers, including the location, date issued, and 25 name of generators. 26 (5) A copy of all collection frequency waivers, including the location, date issued, and 27 name of generators. 28 (6) A record of the amount of sediment debris that is disposed pursuant to Section 29 18984.13 on an annual basis. 30 (7) A record of the amount of solid waste removed from homeless encampments and 31 illegal disposal sites as part of an abatement activities if the total amount of material 32 removed exceeds 100 tons. 33 (8) A copy of all compliance agreements for quarantined organic waste that is 34 disposed, including the name of generator, date issued, location of final disposition, 35 and the amount of organic waste that was required to be disposed at a solid waste 36 landfill. 37 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39 Section 39730.6. 40 2022/06/14 City Council Post Agenda Page 562 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 77 of 127 November 2020 Article 4. Education and Outreach 1 Section 18985.1. Organic Waste Recovery Education and Outreach. 2 (a) Prior to February 1, 2022, and annually thereafter, a jurisdiction shall provide the 3 following to organic waste generators that are provided an organic waste collection 4 service pursuant to Article 3 of this chapter: 5 (1) Information on the organic waste generator’s requirements to properly separate 6 materials in appropriate containers pursuant to this chapter. 7 (2) Information on methods for: the prevention of organic waste generation, recycling 8 organic waste on-site, sending organic waste to community composting, and any 9 other local requirements regarding organic waste. 10 (3) Information regarding the methane reduction benefits of reducing the landfill 11 disposal of organic waste, and the methods of organic waste recovery the organic 12 waste collection service uses. 13 (4) Information regarding how to recover organic waste and a list of approved 14 haulers. 15 (5) Information related to the public health and safety and environmental impacts 16 associated with the landfill disposal of organic waste. 17 (6) Information regarding programs for the donation of edible food. 18 (7) If a jurisdiction allows generators subject to its authority to self-haul organic waste 19 pursuant to Section 18988.1, information regarding self-hauling requirements shall be 20 included in education and outreach material. 21 (b) A jurisdiction providing an unsegregated single container collection service to 22 organic waste generators is not required to include the information required in 23 Subdivision (a)(1), but shall include information indicating that organic waste is being 24 processed at a high diversion organic waste processing facility. 25 (c) A jurisdiction may comply with the requirements by providing the information 26 required by this section through print or electronic media. In addition to providing 27 information through print and electronic media, a jurisdiction may conduct outreach 28 through direct contact with generators through workshops, meetings, or on-site visits. 29 (d) Consistent with Section 18981.2, a jurisdiction may comply with the requirements of 30 this section through use of a designee. 31 (e) Consistent with Section 7295 of the Government Code, jurisdictions shall translate 32 educational materials required by this chapter into any non-English language spoken by 33 a substantial number of the public provided organic waste collection services by the 34 jurisdiction. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37 Section 39730.6. 38 Section 18985.2. Edible Food Recovery Education and Outreach. 39 (a) On or before February 1, 2022 a jurisdiction shall: 40 (1) Develop a list of food recovery organizations identified in Section 41 18982(a)(25)(A)–(B) and food recovery services operating within the jurisdiction and 42 maintain the list on the jurisdiction’s website. The list shall be updated annually. The 43 2022/06/14 City Council Post Agenda Page 563 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 78 of 127 November 2020 list shall include, at a minimum, the following information about each food recovery 1 organization and each food recovery service: 2 (A) Name and physical address. 3 (B) Contact information. 4 (C) Collection service area. 5 (D) An indication of types of food the food recovery service or organization can 6 accept for food recovery. 7 (b) At least annually a jurisdiction shall: 8 (1) Provide commercial edible food generators with the following information: 9 (A) Information about the jurisdiction’s edible food recovery program established 10 pursuant to Section 18991.1. 11 (B) Information about the commercial edible food generator requirements specified 12 in Article 10 of this chapter. 13 (C) Information about food recovery organizations and food recovery services 14 operating within the jurisdiction, and where a list of those food recovery 15 organizations and food recovery services can be found. 16 (D) Information about actions that commercial edible food generators can take to 17 prevent the creation of food waste. 18 (2) The jurisdiction may provide this information by including it with regularly 19 scheduled notices to those commercial businesses, including the notices provided 20 pursuant to Section 18985.1. 21 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6. 24 Section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance 25 with Education and Outreach Requirements. 26 (a) A jurisdiction shall include all relevant documents supporting its compliance with this 27 article in the Implementation Record required by Section 18995.2 of this chapter, 28 including, but not limited to: 29 (1) Copies of the information provided to comply with this article, including: flyers, 30 brochures, newsletters, invoice messaging, and website and social media postings. 31 (2) The date, and to whom the information was disseminated or direct contact made. 32 If a jurisdiction provides mass distribution through mailings, or bill inserts, it shall 33 provide the date, a copy of the information, and the type and number of accounts 34 receiving the information. 35 (3) If the requirements of this article were met solely through the use of electronic 36 media, the record shall include a copy, with dates posted, of social media posts, e-37 mails or other electronic messages. 38 (4) If a jurisdiction relies on a designee, as allowed in Section 18981.2, to comply 39 with this section, it shall include a copy of the materials distributed by the designee. 40 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 41 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 42 Section 39730.6. 43 2022/06/14 City Council Post Agenda Page 564 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 79 of 127 November 2020 Article 5. Generators of Organic Waste 1 Section 18986.1. Non-Local Entities Requirements. 2 (a) Non-local entities shall comply with the requirements of this chapter to prevent and 3 reduce the generation of organic waste by: 4 (1) Subscribing to and complying with the requirements of an organic waste collection 5 service that meets the requirements of Article 3 of this chapter; or 6 (2) Self-hauling organic waste in a manner that complies with the requirements of 7 Article 7 of this chapter. 8 (b) Non-local entities shall provide containers for the collection of organic waste and 9 non-organic recyclables in all areas where disposal containers are located, except 10 restrooms. The containers provided shall conform to the requirements of the containers 11 provided through an organic waste recovery service authorized under Article 3 of this 12 chapter. 13 (c) Non-local entities shall prohibit their employees from placing organic waste in a 14 container not designated to receive organic waste. 15 (1) Materials specified in this paragraph shall be subject to the following restrictions: 16 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 17 collected in the green container. 18 (B) Hazardous wood waste shall not be collected in the blue or gray container. 19 (d) Non-local entities shall periodically inspect organic waste containers for 20 contamination and inform employees if containers are contaminated and of the 21 requirement to only use those containers for organic waste. 22 (e) Non-local entities shall provide information to employees on methods for the 23 prevention of organic waste generation. 24 (f) Nothing in this section prohibits a non-local entity from preventing waste generation, 25 managing organic waste on site, or using a community composting site. 26 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 27 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 28 Section 39730.6. 29 Section 18986.2. Local Education Agencies Requirements. 30 (a) Local education agencies shall comply with the requirements of this chapter to 31 prevent and reduce the generation of organic waste by: 32 (1) Subscribing and complying with the requirements of an organic waste collection 33 service that meets the requirements of Article 3 of this chapter; or 34 (2) Self-hauling organic waste in a manner that complies with the requirements of 35 Article 7 of this chapter. 36 (b) Local education agencies shall provide containers for the collection of organic waste 37 and non-organic recyclables in all areas where disposal containers are located, except 38 restrooms. The containers provided shall conform to the requirements of the containers 39 provided through an organic waste recovery service authorized under Article 3 of this 40 chapter. 41 (c) Local education agencies shall prohibit their employees from placing organic waste 42 in a container not designated to receive organic waste. 43 2022/06/14 City Council Post Agenda Page 565 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 80 of 127 November 2020 (1) Materials specified in this paragraph shall be subject to the following restrictions: 1 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 2 collected in the green container. 3 (B) Hazardous wood waste shall not be collected in the blue or gray container. 4 (d) Local education agencies shall periodically inspect organic waste containers for 5 contamination and inform employees if containers are contaminated and of the 6 requirement to only use those containers for organic waste. 7 (e) Local education agencies shall provide information to employees and students on 8 methods for the prevention of organic waste generation. 9 (f) Nothing in this section prohibits a local education agency from preventing waste 10 generation, managing organic waste on site, and/or using a community composting site. 11 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 12 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 13 Section 39730.6. 14 Section 18986.3. Waivers for Non-Local Entities and Local Education Agencies. 15 (a) The Department shall waive a non-local entity’s or local education agency’s 16 obligation to comply with some or all of organic waste collection service requirements of 17 this article if the entity or agency provides documentation demonstrating that any of the 18 following apply: 19 (1) The total solid waste collection service subscribed to is two cubic yards or more 20 per week and organic waste subject to collection in a blue container or a green 21 container as specified in Section 18984.1(a) comprises less than 20 gallons per week 22 per applicable container of the non-local entity’s or local education agency’s total 23 waste. 24 (2) The total solid waste collection service subscribed to is less than two cubic yards 25 per week and organic waste subject to collection in a blue container or a green 26 container as specified in Section 18984.1(a) comprises less than 10 gallons per week 27 per applicable container of the non-local entity’s or local education agency’s total 28 waste. 29 (3) A hauler, licensed architect, or licensed engineer has determined that there is not 30 adequate space for separate organic waste containers. 31 (4) The entity is located within a jurisdiction or census tract that has been granted a 32 waiver by the Department pursuant to Section 18984.12. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6. 36 Article 6. Biosolids Generated at a Publicly Owned Treatment Works 37 (POTW) 38 Section 18987.1. Biosolids Generation at a POTW. 39 (a) A POTW generating biosolids is not subject to the following: 40 (1) The generator requirements set forth in Section 18984.9. 41 2022/06/14 City Council Post Agenda Page 566 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 81 of 127 November 2020 (2) The organic waste recovery and measurement requirements described in 1 Sections 17409.5.1 through 17409.5.8 of this division. 2 (3) The recordkeeping and reporting requirement described in Section 17414.2 of this 3 division. 4 (b) Material received at a POTW that it is not allowed to accept pursuant to Section 5 17896.6(a)(1)(C) or (D) shall be deemed to constitute landfill disposal pursuant to 6 Section 18983.1(a)(3). 7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9 Section 39730.6. 10 Article 7. Regulation of Haulers 11 Section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers. 12 (a) A jurisdiction shall require haulers providing residential, commercial, or industrial 13 organic waste collection services to generators within its boundaries to meet the 14 requirements and standards of this chapter as a condition of approval of a contract, 15 agreement, or other authorization to collect organic waste. 16 (1) A jurisdiction shall require haulers to identify the facilities to which they will 17 transport organic waste as a requirement for approval. 18 (2) A jurisdiction shall require haulers providing an organic waste collection service to 19 comply with the applicable requirements of Article 3 of this chapter. 20 (b) If a jurisdiction allows generators subject to its authority to self-haul organic waste, it 21 shall adopt an ordinance or a similarly enforceable mechanism that requires compliance 22 with the requirements in Section 18988.3 of this article. 23 (c) Notwithstanding Subdivision (a), this section is not applicable to: 24 (1) A hauler that is consistent with Article 1, Chapter 9, Part 2, Division 30, 25 commencing with Section 41950 of the Public Resources Code, transporting source 26 separated organic waste to a community composting site; or 27 (2) A hauler that is lawfully transporting construction and demolition debris in 28 compliance with Section 18989.1. 29 (d) Jurisdictions that are exempt from the organic waste collection requirements 30 pursuant to Section 18984.12, and haulers and self-haulers operating or located within 31 exempt areas of those jurisdictions, are not required to comply with the provisions of 32 this article for the duration of an exemption issued pursuant to Section 18984.12. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6. 36 Section 18988.2. Haulers of Organic Waste Requirements. 37 (a) A hauler providing residential, commercial, or industrial organic waste collection 38 services shall comply with all of the following: 39 (1) Organic waste collected by the hauler shall be transported to a facility, operation, 40 activity or property that recovers organic waste as defined in Article 2 of this chapter. 41 2022/06/14 City Council Post Agenda Page 567 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 82 of 127 November 2020 (2) Obtain applicable approval issued by the jurisdiction pursuant to Section 18988.1. 1 (b) The hauler shall keep a record of the documentation of its approval by the 2 jurisdiction. 3 (c) Notwithstanding (a), this section is not applicable to: 4 (1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1 commencing 5 with Section 41950 of the Public Resources Code, transports source separated 6 organic waste to a community composting site; or 7 (2) A hauler that is lawfully transporting construction and demolition debris in 8 compliance with Section 18989.1. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12 Section 18988.3. Self-haulers of Organic Waste. 13 (a) Generators of organic waste may, in compliance with Section 18988.1 of this 14 division, self-haul their own organic waste. 15 (b) A generator who is a self-hauler of organic waste shall comply with the following: 16 (1) The generator shall source separate all organic waste generated on site in a 17 manner consistent with Sections 18984.1 and 18984.2, or haul organic waste to a 18 high diversion organic waste processing facility as specified in Section 18984.3. 19 (2) The generator shall haul source separated organic waste to a solid waste facility 20 operation, activity, or property that processes or recovers source separated organic 21 waste. 22 (3) The generator shall keep a record of the amount of organic waste delivered to 23 each solid waste facility, operation, activity, or property that processes or recovers 24 organic waste; this record shall be subject to inspection by the jurisdiction. 25 (A) The records shall include delivery receipts and weight tickets from the entity 26 accepting the waste. 27 (B) The record shall indicate the amount of material in cubic yards or tons 28 transported by the generator to each entity. 29 (C) Notwithstanding Subdivision (b)(3)(A), if the material is transported to an entity 30 that does not have scales on-site, or employs scales incapable of weighing the 31 self-hauler’s vehicle in a manner that allows it to determine the weight of waste 32 received, the self-hauler is not required to record the weight of material but shall 33 keep a record of the entities that received the organic waste. 34 (4) A residential organic waste generator that self-hauls organic waste is not required 35 to record or report the information identified in Subdivision (b)(3). 36 (c) A generator that is located in a jurisdiction or area that received a waiver under 37 Section 18984.12 of this division and is not a business subject to the requirements of 38 Section 42649.81 of the Public Resources Code is not required to comply with the 39 requirements of this section. 40 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 41 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 42 Section 39730.6. 43 2022/06/14 City Council Post Agenda Page 568 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 83 of 127 November 2020 Section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction 1 Hauler Program. 2 (a) A jurisdiction shall include all relevant documents supporting its compliance with this 3 article in the Implementation Record required by Article 14 of this chapter. Records 4 maintained shall include but are not limited to copies of: 5 (1) Ordinances, contracts, franchise agreements, policies, procedures, or programs 6 relevant to this section. 7 (2) A description of the jurisdiction’s hauler program including: 8 (A) Type(s) of hauler system(s) the jurisdiction uses. 9 (B) Type(s) and condition(s) of approvals per type of hauler, and criteria for 10 approvals, denials and revocations. 11 (C) The process for issuing, revoking, and denying written approvals. 12 (D) Any requirements associated with self-hauling and back-hauling. 13 (3) A record of hauler compliance with local ordinance(s) and the requirements of this 14 article including the following information: 15 (A) Copies of all reports required from haulers. 16 (B) Copies of all written approvals, denials, and revocations. 17 (b) All records required by this article shall include the date of action, the name of the 18 hauler, and the type of the action taken by the jurisdiction. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21 Section 39730.6. 22 Article 8. CALGreen Building Standards and Model Water Efficient 23 Landscape Ordinance 24 Section 18989.1. CALGreen Building Codes. 25 (a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 26 requires compliance with the following provisions of the California Green Building 27 Standards Code, California Code of Regulations, Title 24, Part 11 as amended July 1, 28 2019 and effective January 1, 2020: 29 (1) Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 30 Recycling by Occupants Non-residential. 31 (2) For organic waste commingled with construction and demolition debris, Section 32 4.408.1 Construction Waste Management Residential and Section 5.408.1 33 Construction Waste Management non-residential. 34 (b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 35 county. 36 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38 Section 39730.6. 39 2022/06/14 City Council Post Agenda Page 569 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 84 of 127 November 2020 Section 18989.2 Model Water Efficient Landscape Ordinance. 1 (a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 2 requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the Model Water 3 Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code 4 of Regulations as amended September 15, 2015. 5 (b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 6 county. 7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9 Section 39730.6. 10 Article 9. Locally Adopted Standards and Policies 11 Section 18990.1. Organic Waste Recovery Standards and Policies. 12 (a) Nothing in this chapter is intended to limit the authority of a jurisdiction to adopt 13 standards that are more stringent than the requirements of this chapter, except as 14 provided in Subdivision (b) of this section. 15 (b) A jurisdiction shall not implement or enforce an ordinance, policy, procedure, permit 16 condition, or initiative that includes provisions that do any of the following: 17 (1) Prohibit, or otherwise unreasonably limit or restrict, the lawful processing and 18 recovery of organic waste through a method identified in Article 2 of this chapter. 19 (2) Limit a particular solid waste facility, operation, property, or activity from accepting 20 organic waste imported from outside of the jurisdiction for processing or recovery. 21 (3) Limit the export of organic waste to a facility, operation, property or activity 22 outside of the jurisdiction that recovers the organic waste through a method identified 23 in Article 2 of this chapter. 24 (4) Require a generator or a hauler to transport organic waste to a solid waste facility 25 or operation that does not process or recover organic waste. 26 (5) Require a generator to use an organic waste collection service or combination of 27 services that do not recover at least the same types of organic waste recovered by a 28 service the generator previously had in place. 29 (c) This section does not do any of the following: 30 (1) Require a solid waste facility or operation to accept organic waste that does not 31 meet the quality standards established by the solid waste facility or operation. 32 (2) Prohibit a jurisdiction from arranging with a solid waste facility or operation to 33 guarantee permitted capacity for organic waste from the jurisdiction. 34 (3) Supersede or otherwise affect: the land use authority of a jurisdiction, including, 35 but not limited to, planning, zoning, and permitting; or an ordinance lawfully adopted 36 pursuant to that land use authority consistent with this section. 37 (4) Prohibit a jurisdiction from arranging through a contract or franchise for a hauler to 38 transport organic waste to a particular solid waste facility or operation for processing 39 or recovery. 40 (5) Exempt a jurisdiction, generator, or hauler from compliance with Division 4.5 of 41 Title 22 of the California Code of Regulations relative to the proper handling of 42 hazardous or universal waste or Title 3, Section 1180.48 of the California Code of 43 2022/06/14 City Council Post Agenda Page 570 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 85 of 127 November 2020 Regulations relative to Disposal of Parts and Products of Animals Not Intended for 1 Use as Human Food. 2 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Sections 40001, 40002, 40059, and 42652.5 and 4 Health and Safety Code Section 39730.6. 5 Section 18990.2. Edible Food Recovery Standards and Policies. 6 (a) A jurisdiction shall not implement or enforce an ordinance, policy, or procedure that 7 prohibits the ability of a generator, food recovery organization, or food recovery service 8 to recover edible food that could be recovered for human consumption. 9 (b) A local education agency shall not implement or enforce an ordinance, policy, or 10 procedure that prohibits share tables or requires schools to adhere to a food safety 11 standard not specified in Part 7 of Division 104 of the Health and Safety Code. 12 (c) Nothing in this chapter shall be construed to limit or conflict with the provisions of the 13 California Good Samaritan Food Donation Act of 2017 (the act). Specifically: 14 (1) Nothing in this chapter shall be construed to limit the amount or types of foods 15 that may be donated under the act. 16 (2) Nothing in this chapter shall be construed to limit the ability of a person, gleaner 17 or food facility to donate food as provided for in Sections 114432 and 114433 of the 18 Health and Safety Code. 19 (3) Nothing in this chapter shall be construed to reduce the immunities provided by 20 the California Good Samaritan Food Donation Act as specified in Section 114434 of 21 the Health and Safety Code. 22 (d) Nothing in this chapter prohibits a food recovery service or organization from 23 refusing to accept edible food from a commercial edible food generator. 24 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 25 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 26 Sections 39730.6, 114432, 114433 and 114434 27 Article 10. Jurisdiction Edible Food Recovery Programs, Food 28 Generators, and Food Recovery 29 Section 18991.1. Jurisdiction Edible Food Recovery Program. 30 (a) A jurisdiction shall implement an edible food recovery program that shall include the 31 actions that the jurisdiction will take to accomplish each of the following: 32 (1) Educate commercial edible food generators as set forth in Section 18985.2. 33 (2) Increase commercial edible food generator access to food recovery organizations 34 and food recovery services. 35 (3) Monitor commercial edible food generator compliance as required in Article 14 of 36 this chapter. 37 (4) Increase edible food recovery capacity if the analysis required by Section 18992.2 38 indicates that the jurisdiction does not have sufficient capacity to meet its edible food 39 recovery needs. 40 2022/06/14 City Council Post Agenda Page 571 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 86 of 127 November 2020 (b) A jurisdiction may fund the actions taken to comply with this section through 1 franchise fees, local assessments, or other funding mechanisms. 2 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 4 Section 39730.6. 5 Section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food 6 Recovery Program. 7 (a) A jurisdiction shall include all documents supporting its compliance with Section 8 18991.1 in the Implementation Record required by Section 18995.2 and shall also 9 include at a minimum: 10 (1) A list of commercial edible food generators in the jurisdiction that have a contract 11 or written agreement with food recovery organizations or services pursuant to Section 12 18991.3(b). 13 (2) A list of food recovery organizations and food recovery services in the jurisdiction 14 and their edible food recovery capacity. 15 (3) Documentation of the actions the jurisdiction has taken to increase edible food 16 recovery capacity. 17 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 18 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 19 Section 39730.6. 20 Section 18991.3. Commercial Edible Food Generators. 21 (a) Tier One commercial edible food generators shall comply with the requirements of 22 this section commencing January 1, 2022. Tier two commercial edible food generators 23 shall comply with the requirements of this section commencing January 1, 2024. 24 (b) Commercial edible food generators shall arrange to recover the maximum amount of 25 edible food that would otherwise be disposed. A commercial edible food generator shall 26 comply with the requirements of this section through a contract or written agreement 27 with any or all of the following: 28 (1) Food recovery organizations or services that will collect their edible food for food 29 recovery. 30 (2) Food recovery organizations that will accept the edible food that the commercial 31 edible food generator self-hauls to the food recovery organization for food recovery. 32 (c) A large venue or large event operator that does not provide food services, but allows 33 for food to be provided, shall require food facilities operating at the large venue or large 34 event to comply with the requirements of this section. 35 (d) A commercial edible food generator shall comply with the requirements of this 36 section unless the commercial edible food generator demonstrates the existence of 37 extraordinary circumstances beyond its control that make such compliance 38 impracticable. If an enforcement action is commenced against a commercial edible food 39 generator for noncompliance, the burden of proof shall be upon the commercial edible 40 food generator to demonstrate extraordinary circumstances. For the purposes of this 41 section extraordinary circumstances are: 42 2022/06/14 City Council Post Agenda Page 572 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 87 of 127 November 2020 (1) A failure by the jurisdiction to increase edible food recovery capacity as required 1 in Section 18991.1. 2 (2) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or 3 natural disasters. 4 (e) An edible food generator shall not intentionally spoil edible food that is capable of 5 being recovered by a food recovery organization or service. 6 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 8 Section 39730.6. 9 Section 18991.4. Recordkeeping Requirements For Commercial Edible Food 10 Generators. 11 (a) A commercial edible food generator subject to the requirements in this article shall 12 keep a record that includes the following: 13 (1) A list of each food recovery service or organization that collects or receives its 14 edible food pursuant to a contract or written agreement established under Section 15 18991.3(b). 16 (2) A copy of contracts or written agreements between the commercial edible food 17 generator and a food recovery service or organization. 18 (3) A record of the following for each food recovery organization or service that the 19 commercial edible food generator has a contract or written agreement with pursuant 20 to Section 18991.3(b): 21 (A) The name, address and contact information of the service or organization. 22 (B) The types of food that will be collected by or self-hauled to the service or 23 organization. 24 (C) The established frequency that food will be collected or self-hauled. 25 (D) The quantity of food collected or self-hauled to a service or organization for 26 food recovery. The quantity shall be measured in pounds recovered per month. 27 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 28 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 29 Section 39730.6. 30 Section 18991.5. Food Recovery Services and Organizations. 31 (a) A food recovery organization or service that has established a contract or written 32 agreement to collect or receive edible food directly from commercial edible food 33 generators pursuant to Section 18991.3(b) shall maintain records specified in this 34 section: 35 (1) A food recovery service shall maintain a record of: 36 (A) The name, address and contact information for each commercial edible food 37 generator that the service collects edible food from. 38 (B) The quantity in pounds of edible food collected from each commercial edible 39 food generator per month. 40 (C) The quantity in pounds of edible food transported to each food recovery 41 organization per month. 42 2022/06/14 City Council Post Agenda Page 573 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 88 of 127 November 2020 (D) The name, address and contact information for each food recovery 1 organization that the service transports edible food to for food recovery. 2 (2) A food recovery organization shall maintain a record of: 3 (A) The name, address and contact information for each commercial edible food 4 generator that the organization receives edible food from. 5 (B) The quantity in pounds of edible food received from each commercial edible 6 food generator per month. 7 (C) The name, address and contact information for each food recovery service that 8 the organization receives edible food from for food recovery. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12 Article 11. Organic Waste Recycling Capacity Planning 13 Section 18992.1. Organic Waste Recycling Capacity Planning. 14 (a) Counties, in coordination with jurisdictions and regional agencies located within the 15 county, shall: 16 (1) Estimate the amount of all organic waste in tons that will be disposed by the 17 county and jurisdictions within the county by: 18 (A) Multiplying the percentage of organic waste reported as disposed in the 19 Department’s most recent waste characterization study by the total amount of 20 landfill disposal attributed to the county and each jurisdiction located within the 21 county by the Recycling and Disposal Reporting System; or 22 (B) Using a waste characterization study or studies performed by jurisdictions 23 located within the county and applying the results of those studies to the total 24 amount of landfill disposal attributed to the county and each jurisdiction located 25 within the county by the Recycling and Disposal Reporting System. Local studies 26 may be used if the studies: 27 1.Were performed within the last five years, 28 2. Include at least the same categories of organic waste as the Department’s 29 most recent waste characterization study that was available at the time the local 30 study or studies were performed, and, 31 3.Include a statistically significant sampling of solid waste disposed by the 32 jurisdiction conducting the study. 33 (2) A county may incorporate the findings of a published report generated by the 34 appropriate solid waste management entities within the county that provides organic 35 waste disposal tonnages or percentages for specific organic waste material types 36 that are not covered in the Department’s most recent waste characterization study. 37 This may include, but is not limited to, reports on tons of biosolids or digestate 38 disposed in the county. 39 (3) Identify the amount in tons of existing organic waste recycling infrastructure 40 capacity, located both in the county and outside of the county, that is verifiably 41 available to the county and jurisdictions located within the county. 42 2022/06/14 City Council Post Agenda Page 574 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 89 of 127 November 2020 (A) A county can demonstrate the capacity is verifiably available to the county or 1 its jurisdictions through a contract, franchise, or other documentation of existing, 2 new, or expanded capacity at a facility, activity, operation or property that recovers 3 organic waste that will be available to the county or its jurisdiction prior to the end 4 of the reporting period. 5 (4) Estimate the amount of new or expanded organic waste recycling facility capacity 6 that will be needed to process the organic waste identified pursuant to Subdivision 7 (a)(1) in addition to the existing capacity identified in Subdivision (a)(3). 8 (b) A jurisdiction or regional agency contacted by a county pursuant to Subdivision (a) 9 shall respond to the county’s request for the information necessary to comply with the 10 requirements of this article within 120 days of receiving the request from the county. 11 (1) If a jurisdiction or regional agency fails to provide the information necessary to 12 comply with the requirements of this article within 120 days, the county is not 13 required to include estimates for that jurisdiction in the report it submits pursuant to 14 Section 18992.3. 15 (2) In the report submitted pursuant to Section 18992.3 the county shall identify any 16 jurisdiction that did not provide the information necessary to comply with the 17 requirements of this article within 120 days of receiving a request from the county. 18 (c) In complying with this section, the county in coordination with jurisdictions and 19 regional agencies located within the county shall: 20 (1) Consult with the Enforcement Agency and the local task force created pursuant to 21 Section 40950 of the Public Resources Code on the status of locations for new or 22 expanded solid waste facilities including the potential capacity increase each facility 23 may provide if approved. 24 (2) Consult with haulers and owners of facilities, operations, and activities that 25 recover organic waste including, but not limited to, compost facilities, in-vessel 26 digestion facilities, and Publicly Owned Treatment Works to gather information on the 27 existing capacity and potential new or expanded capacity at those facilities, 28 operations, and activities. 29 (A) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 30 days regarding available and potential new or expanded capacity at their facilities, 31 operations, and activities, including information about throughput and permitted 32 capacity necessary for planning purposes. 33 (3) Conduct community outreach regarding locations being considered for new or 34 expanded facilities, operations, or activities to seek feedback on the benefits and 35 impacts that may be associated with new or expanded facilities, operations, or 36 activities. The community outreach shall: 37 (A) Include at least one of the following forms of communication: public workshops 38 or meetings, print noticing, and electronic noticing. 39 (B) If applicable be conducted in coordination with potential solid waste facility 40 operators that may use the location identified by the county and the jurisdictions 41 and regional agencies located within the county. 42 (C) Include communication to disadvantaged communities that may be impacted 43 by the development of new facilities at the locations identified by the county and 44 the jurisdictions and regional agencies located within the county. 45 2022/06/14 City Council Post Agenda Page 575 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 90 of 127 November 2020 (D) Communication required by this section must be provided in non-English 1 languages spoken by a substantial number of the public in the applicable 2 jurisdiction in a manner that conforms with the requirements of Section 18985.1(e). 3 (4) Consult with community composting operators to estimate the amount of organic 4 waste the county, and the jurisdictions and regional agencies located within the 5 county, anticipate will be handled at community composting activities. 6 (d) If a county determines that organic waste recycling capacity, in addition to the 7 available and proposed capacity identified pursuant to Subdivision (a), is needed within 8 that county, the county shall notify the jurisdiction or jurisdictions that lack sufficient 9 capacity that it is required to: 10 (1) Submit an implementation schedule to the Department that demonstrates how it 11 will ensure there is enough available capacity to recover the organic waste currently 12 disposed by generators within their jurisdiction by the end of the report period. 13 (A) The implementation schedule shall include timelines and milestones for 14 planning efforts to access capacity including, but not limited to: 15 1. Obtaining funding for organic waste recycling infrastructure including, but not 16 limited to, modifying franchise agreements or demonstrating other means of 17 financially supporting the expansion of organic waste recycling. 18 2. Identification of facilities, operations, and activities that could be used for 19 additional capacity. 20 (2) Identify proposed new or expanded organic waste recycling facilities that will be 21 used to process the organic waste identified pursuant to Subdivision (a)(3). 22 (e) The notice the county provides jurisdictions pursuant to Subdivision (d) shall be 23 provided on or before the county submits the report required pursuant to Section 24 18992.3. 25 (f) For the purposes of this section, only the following type of organic waste shall be 26 included in estimates: food, green waste, landscape and pruning waste, wood, paper 27 products, printing and writing paper, digestate and biosolids. 28 (g) For the purposes of conducting the estimates required by this section, a county may 29 subtract the waste generated in an area subject to a waiver granted by the Department 30 pursuant to Section 18984.12. A county is not required to obtain information from a 31 jurisdiction that is waived from all of the organic waste collection requirements of this 32 chapter. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6. 36 Section 18992.2. Edible Food Recovery Capacity. 37 (a) Counties, in coordination with jurisdictions and regional agencies located within the 38 county, shall: 39 (1) Estimate the amount of edible food that will be disposed by commercial edible 40 food generators that are located within the county and jurisdictions within the county. 41 (2) Identify existing capacity at food recovery organizations identified in Section 42 18982(a)(25)(A)–(B) that is available to commercial edible food generators located 43 within the county and jurisdictions within the county. 44 2022/06/14 City Council Post Agenda Page 576 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 91 of 127 November 2020 (3) Identify proposed new or expanded food recovery organizations and food 1 recovery services that will be used to recover edible food identified pursuant to 2 Subdivision (a)(1). 3 (4) Identify the amount of new or expanded capacity, if any, at food recovery 4 organizations and food recovery services that is necessary to recover the edible food 5 that is estimated to be disposed by commercial edible food generators in (a)(1). 6 (b) In complying with this section the county in coordination with jurisdictions and 7 regional agencies located within the county shall consult with food recovery 8 organizations and food recovery services regarding existing, or proposed new and 9 expanded, capacity that could be accessed by the jurisdiction and its commercial edible 10 food generators. 11 (1) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 days 12 regarding available and potential new or expanded capacity. 13 (c) If a county identifies that new or expanded capacity is needed to recover the amount 14 of edible food identified in Subdivision (a), then each jurisdiction within that county that 15 lacks capacity shall: 16 (1) Submit an implementation schedule to the Department that demonstrates how it 17 will ensure there is enough new or expanded capacity to recover the edible food 18 currently disposed by commercial edible food generators within its jurisdiction by the 19 end of the reporting period set forth in Section 18992.3 of this article. 20 (A) The implementation schedule shall include timelines and milestones for 21 planning efforts to access additional new or expanded capacity including, but not 22 limited to: 23 1. Obtaining funding for edible food recovery infrastructure including, but not 24 limited to, modifying franchise agreements or demonstrating other means of 25 financially supporting the expansion of edible food recovery capacity. 26 2. Identification of facilities, operations, and activities inside the county that 27 could be used for additional capacity. 28 (2) Consult with food recovery organizations and food recovery services regarding 29 existing, or proposed new and expanded, capacity that could be accessed by the 30 jurisdiction and its commercial edible food generators. 31 (d) If a county finds that new or expanded capacity is needed pursuant to Subdivision 32 (c) then on or before the county submits the report required pursuant to Section 33 18992.3, the county shall notify the jurisdiction or jurisdictions that lack sufficient 34 capacity. 35 (e) A jurisdiction or regional agency contacted by a county pursuant to this section shall 36 respond to the county’s request for the information necessary to comply with the 37 requirements of this section within 120 days of receiving the request from the county. 38 (1) If a jurisdiction or regional agency fails to provide the information necessary to 39 comply with the requirements of this article within 120 days, the county is not 40 required to include estimates for that jurisdiction in the report it submits pursuant to 41 Section 18992.3. 42 (2) In the report submitted pursuant to Section 18992.3 the county shall identify any 43 jurisdiction that did not provide the information necessary to comply with the 44 requirements of this section within 120 days of receiving a request from the county. 45 2022/06/14 City Council Post Agenda Page 577 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 92 of 127 November 2020 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2 Section 39730.6. 3 Section 18992.3. Schedule For Reporting. 4 (a) Counties, in coordination with jurisdictions and regional agencies located within the 5 county, shall conduct the planning requirements of Sections 18992.1 and 18992.2, on 6 the following schedule: 7 (1) August 1, 2022 counties shall report to the Department on the period covering 8 January 1, 2022 through December 31, 2024. 9 (A) Jurisdictions that are exempt from the organic waste collection requirements 10 pursuant to Section 18984.12, are not required to conduct the capacity planning 11 required in Section 18992.1 and are not required to include capacity plans 12 required by Section 18992.1 in the first reporting period. 13 (2) August 1, 2024 counties shall report to the Department on the period covering 14 January 1, 2025 through December 31, 2034. 15 (3) August 1, 2029 counties shall report to the Department on the period covering 16 January 1, 2030 through December 31, 2039. 17 (4) August 1, 2034 counties shall report to the Department on the period covering 18 January 1, 2035 through December 31, 2044. 19 (b) If a jurisdiction is required to submit an implementation schedule pursuant to Section 20 18992.1 or 18992.2 the implementation schedule shall be submitted 120 days following 21 the date the county submitted the report to the Department. 22 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 24 Section 39730.6. 25 Article 12. Procurement of Recovered Organic Waste Products 26 Section 18993.1. Recovered Organic Waste Product Procurement Target. 27 (a) Except as otherwise provided, commencing January 1, 2022, a jurisdiction shall 28 annually procure a quantity of recovered organic waste products that meets or exceeds 29 its current annual recovered organic waste product procurement target as determined 30 by this article. For the purposes of this section, “jurisdiction” means a city, a county or a 31 city and county. 32 (b) On or before January 1, 2022, and on or before January 1 every five years 33 thereafter, the Department shall recalculate the annual recovered organic waste product 34 procurement target for each jurisdiction according to the requirements of Subdivision 35 (c). 36 (c). Each jurisdiction’s recovered organic waste product procurement target shall be 37 calculated by multiplying the per capita procurement target by the jurisdiction population 38 where: 39 (1) Per capita procurement target = 0.08 tons of organic waste per California resident 40 per year. 41 2022/06/14 City Council Post Agenda Page 578 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 93 of 127 November 2020 (2) Jurisdiction population equals the number of residents in a jurisdiction, using the 1 most recent annual data reported by the California Department of Finance. 2 (d) Annually, the Department shall provide notice to each jurisdiction of its annual 3 recovered organic waste product procurement target by posting such information on the 4 Department’s website and providing written notice directly to the jurisdiction. 5 (e) A jurisdiction shall comply with Subdivision (a) by one or both of the following: 6 (1) Directly procuring recovered organic waste products for use or giveaway. 7 (2) Requiring, through a written contract or agreement, that a direct service provider 8 to the jurisdiction procure recovered organic waste products and provide written 9 documentation of such procurement to the jurisdiction. 10 (f) For the purposes of this article, the recovered organic waste products that a 11 jurisdiction may procure to comply with this article are: 12 (1) Compost, subject to any applicable limitations of Public Contract Code Section 13 22150, that is produced at: 14 (A) A compostable material handling operation or facility permitted or authorized 15 under Chapter 3.1 of this division; or 16 (B) A large volume in-vessel digestion facility as defined and permitted under 17 Chapter 3.2 of this division that composts on-site. [NOTE: Digestate, as defined in 18 Section 18982(a)(16.5), is a distinct material from compost and is thus not a 19 recovered organic waste product eligible for use in complying with this Article.] 20 (2) Renewable gas used for fuel for transportation, electricity, or heating applications. 21 (3) Electricity from biomass conversion. 22 (4) Mulch, provided that the following conditions are met for the duration of the 23 applicable procurement compliance year: 24 (A) The jurisdiction has an enforceable ordinance, or similarly enforceable 25 mechanism, that requires the mulch procured by the jurisdiction to comply with this 26 article to meet or exceed the physical contamination, maximum metal 27 concentration, and pathogen density standards for land application specified in 28 Section 17852(a)(24.5)(A)1. through 3. of this division; and 29 (B) The mulch is produced at one or more of the following: 30 1. A compostable material handling operation or facility as defined in Section 31 17852(a)(12), other than a chipping and grinding operation or facility as defined 32 in Section 17852(a)(10), that is permitted or authorized under this division; or 33 2. A transfer/processing facility or transfer/processing operation as defined in 34 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized 35 under this division; or 36 3. A solid waste landfill as defined in Public Resources Code Section 40195.1 37 that is permitted under Division 2 of Title 27 of the California Code of 38 Regulations. 39 (g) The following conversion factors shall be used to convert tonnage in the annual 40 recovered organic waste product procurement target for each jurisdiction to equivalent 41 amounts of recovered organic waste products: 42 (1) One ton of organic waste in a recovered organic waste product procurement 43 target shall constitute: 44 (A) 21 diesel gallon equivalents, or “DGE,” of renewable gas in the form of 45 transportation fuel. 46 2022/06/14 City Council Post Agenda Page 579 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 94 of 127 November 2020 (B) 242 kilowatt-hours of electricity derived from renewable gas. 1 (C) 22 therms for heating derived from renewable gas. 2 (D) 650 kilowatt-hours of electricity derived from biomass conversion. 3 (E) 0.58 tons of compost or 1.45 cubic yards of compost. 4 (F) One ton of mulch. 5 (h) Renewable gas procured from a POTW may only count toward a jurisdiction’s 6 recovered organic waste product procurement target provided the following conditions 7 are met for the applicable procurement compliance year: 8 (1) The POTW receives organic waste directly from one or more of the following: 9 (A) A compostable material handling operation or facility as defined in Section 10 17852(a)(12), other than a chipping and grinding operation or facility as defined in 11 Section 17852(a)(10), that is permitted or authorized under this division; or 12 (B) A transfer/processing facility or transfer/processing operation as defined in 13 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 this division; or 15 (C) A solid waste landfill as defined in Public Resources Code Section 40195.1 16 that is permitted under Division 2 of Title 27 of the California Code of Regulations. 17 (2) The POTW is in compliance with the exclusion described in Section 18 17896.6(a)(1). 19 (3) The jurisdiction receives a record from the POTW documenting the tons of 20 organic waste received by the POTW from all solid waste facilities described in 21 subsection (h)(1) above. 22 (4) The amount of renewable gas a jurisdiction or jurisdictions procured from the 23 POTW for fuel, electricity or heating applications is less than or equal to the POTW’s 24 production capacity of renewable gas generated from organic waste received at the 25 POTW directly from solid waste facilities as determined using the relevant conversion 26 factors in Subdivision (g). 27 (5) The POTW transported less than 25 percent of the biosolids it produced to 28 activities that constitute landfill disposal. 29 (i) Electricity procured from a biomass conversion facility may only count toward a 30 jurisdiction’s recovered organic waste product procurement target if the biomass 31 conversion facility receives feedstock directly from one or more of the following during 32 the duration of the applicable procurement compliance year: 33 (1) A compostable material handling operation or facility as defined in Section 34 17852(a)(12), other than a chipping and grinding operation or facility as defined in 35 Section 17852(a)(10), that is permitted or authorized under this division; or 36 (2) A transfer/processing facility or transfer/processing operation as defined in 37 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 38 this division; or 39 (3) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is 40 permitted under Division 2 of Title 27 of the California Code of Regulations. 41 (j) If a jurisdiction’s annual recovered organic waste product procurement target 42 exceeds the jurisdiction’s total procurement of transportation fuel, electricity, and gas for 43 heating applications from the previous calendar year as determined by the conversion 44 factors in Subdivision (g), the target shall be adjusted to an amount equal to its total 45 2022/06/14 City Council Post Agenda Page 580 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 95 of 127 November 2020 procurement of those products as converted to their recovered organic waste product 1 equivalent from the previous year consistent with Subdivision (g). 2 (k) A jurisdiction shall identify additional procurement opportunities within the 3 jurisdiction’s departments and divisions for expanding the use of recovered organic 4 waste products. 5 (l) Rural counties, and jurisdictions located within rural counties that are exempt from 6 the organic waste collection requirements pursuant to Section 18984.12(c), are not 7 required to comply with the procurement requirements in this Section from January 1, 8 2022-December 31, 2026. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Sections 39730.6 and 39730.8. 12 Section 18993.2. Recordkeeping Requirements For Recovered Organic Waste 13 Procurement Target. 14 (a) A jurisdiction, as defined in 18993.1(a), shall include all documents supporting its 15 compliance with this article in the implementation record required by Section 18995.2 of 16 this chapter including, but not limited to, the following: 17 (1) A description of how the jurisdiction will comply with the requirements of this 18 article. 19 (2) The name, physical location, and contact information of each entity, operation, or 20 facility from whom the recovered organic waste products were procured, and a 21 general description of how the product was used, and if applicable, where the 22 product was applied. 23 (3) All invoices or similar records evidencing all procurement. 24 (4) If a jurisdiction will include procurement of recovered organic waste products 25 made by a direct service provider to comply with the procurement requirements of 26 Section 18993.1(a), the jurisdiction shall include all records of procurement of 27 recovered organic waste products made by the direct service provider on behalf of 28 the jurisdiction including invoices or similar records evidencing procurement. 29 (5) If a jurisdiction will include renewable gas procured from a POTW for any of the 30 uses identified in 18993.1(f)(2) to comply with the procurement mandate of Section 31 18993.1(a), a written certification by an authorized representative of the POTW , 32 under penalty of perjury in a form and manner determined by the jurisdiction, 33 attesting to the following for the applicable procurement compliance year: 34 (A) That the POTW was in compliance with the exclusion in Section 17896.6(a)(1); 35 (B) The total tons of organic waste received from the types of solid waste facilities 36 listed in Section 18993.1(h)(1); and 37 (C) The percentage of biosolids that the POTW produced and transported to 38 activities that constitute landfill disposal. 39 (6) If a jurisdiction will include electricity procured from a biomass conversion facility 40 to comply with the procurement mandate of Section 18993.1(a), a written certification 41 by an authorized representative of the biomass conversion facility certifying that 42 biomass feedstock was received from a permitted solid waste facility identified in 43 2022/06/14 City Council Post Agenda Page 581 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 96 of 127 November 2020 18993.1(i) shall be provided to the jurisdiction. The certification shall be furnished 1 under penalty of perjury in a form and manner determined by the jurisdiction. 2 (7) If the jurisdiction is implementing the procurement requirements of Section 3 18993.1 through an adjusted recovered organic waste product procurement target 4 pursuant to Section 18993.1(j), the jurisdiction shall include records evidencing the 5 total amount of transportation fuel, electricity, and gas for heating applications 6 procured during the calendar year prior to the applicable reporting period. 7 (8) For jurisdictions complying with the requirements of Section 18993.1, through the 8 procurement of mulch, a copy of the ordinance or similarly enforceable mechanism 9 the jurisdiction has adopted requiring that mulch procured by the jurisdiction or a 10 direct service provider meets the land application standards specified in Section 11 18993.1. 12 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 13 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 14 Section 39730.6. 15 Section 18993.3. Recycled Content Paper Procurement Requirements. 16 (a) A jurisdiction shall procure paper products, and printing and writing paper, consistent 17 with the requirements of Sections 22150-22154 of the Public Contract Code. 18 (b) In addition to meeting the requirements of Subdivision (a), paper products and 19 printing and writing paper shall be eligible to be labeled with an unqualified recyclable 20 label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 as published 21 January 1, 2013, which is hereby incorporated by reference. 22 (c) A jurisdiction shall require all businesses from whom it purchases paper products 23 and printing and writing paper to certify in writing: 24 (1) The minimum percentage, if not the exact percentage, of postconsumer material 25 in the paper products and printing and writing paper offered or sold to the jurisdiction. 26 The certification shall be furnished under penalty of perjury in a form and manner 27 determined by the jurisdiction. A jurisdiction may waive the certification requirement if 28 the percentage of postconsumer material in the paper products, printing and writing 29 paper, or both can be verified by a product label, catalog, invoice, or a manufacturer 30 or vendor Internet website. 31 (2) That the paper products and printing and writing paper offered or sold to the 32 jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 33 16 CFR Section 260.12 as published January 1, 2013, which is hereby incorporated 34 by reference. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 36 and Health and Safety Code Section 39730.6. 37 Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 38 39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154. 39 2022/06/14 City Council Post Agenda Page 582 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 97 of 127 November 2020 Section 18993.4. Recordkeeping Requirements for Recycled Content Paper 1 Procurement. 2 (a) A jurisdiction shall include all documents supporting its compliance with this article in 3 the implementation record required by Section 18995.2 of this chapter including, but not 4 limited to, the following: 5 (1) Copies of invoices, receipts or other proof of purchase that describe the 6 procurement of paper products by volume and type for all paper purchases. 7 (2) Copies of all certifications or other verification required under Section 18993.3. 8 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 9 Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 10 39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154. 11 Article 13. Reporting 12 Section 18994.1. Initial Jurisdiction Compliance Report. 13 (a) Each jurisdiction shall report to the Department on its implementation and 14 compliance with the requirements of this chapter. Each jurisdiction shall report to the 15 Department by April 1, 2022 the following information: 16 (1) A copy of ordinances or other enforceable mechanisms adopted pursuant to this 17 chapter. 18 (2) The reporting items identified in Section 18994.2(b). 19 (3) The following contact information: 20 (A) The name, mailing address, phone number, and email address of the 21 employee of the jurisdiction that the jurisdiction has designated as the primary 22 contact person for the purposes of receiving communications regarding 23 compliance with this chapter. 24 (B) The name and address of the agent designated by the jurisdiction for the 25 receipt of service of process from the Department for the purposes of enforcement 26 of this chapter if different from (A) above. 27 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 28 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 29 Section 39730.6. 30 Section 18994.2. Jurisdiction Annual Reporting. 31 (a) A jurisdiction shall report the information required in this section to the Department 32 according to the following schedule: 33 (1) On or before October 1, 2022, a jurisdiction shall report for the period of January 34 1, 2022 through June 30, 2022. 35 (2) On or before August 1, 2023, and on or before August 1 each year thereafter, a 36 jurisdiction shall report for the period covering the entire previous calendar year. 37 (b) Each jurisdiction shall report the following, relative to its implementation of the 38 organic waste collection requirements of Article 3 of this chapter: 39 (1) The type of organic waste collection service(s) provided by the jurisdiction to its 40 generators. 41 2022/06/14 City Council Post Agenda Page 583 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 98 of 127 November 2020 (2) The total number of generators that receive each type of organic waste collection 1 service provided by the jurisdiction. 2 (3) If the jurisdiction is implementing an organic waste collection service that requires 3 transport of the contents of containers to a high diversion organic waste processing 4 facility, the jurisdiction shall identify the Recycling and Disposal Reporting System 5 number of each facility that receives organic waste from the jurisdiction. 6 (4) If the jurisdiction allows placement of compostable plastics in containers pursuant 7 to Section 18984.1 or 18984.2, the jurisdiction shall identify each facility that has 8 notified the jurisdiction that it accepts and recovers that material. 9 (5) If the jurisdiction allows organic waste to be collected in plastic bags and placed in 10 containers pursuant to Section 18984.1 or 18984.2 the jurisdiction shall identify each 11 facility that has notified the jurisdiction that it can accept and remove plastic bags 12 when it recovers source separated organic waste. 13 (c) Each jurisdiction shall report the following, relative to its implementation of the 14 contamination monitoring requirements of Article 3 of this chapter: 15 (1) The number of route reviews conducted for prohibited container contaminants. 16 (2) The number of times notices, violations, or targeted education materials were 17 issued to generators for prohibited container contaminants. 18 (3) The results of waste evaluations performed to meet the container contamination 19 minimization requirements and the number of resulting targeted route reviews. 20 (d) Each jurisdiction shall report the following relative to its implementation of waivers 21 pursuant to Article 3 of this chapter: 22 (1) The number of days an emergency circumstances waiver as allowed in Section 23 18984.13 was in effect and the type of waiver issued. 24 (2) The tons of organic waste that were disposed as a result of waivers identified in 25 Subsection (1), except disaster and emergency waivers granted in Section 26 18984.13(b). 27 (3) The number of generators issued a de-minimis waiver. 28 (4) The number of generators issued a physical space waiver. 29 (5) A jurisdiction that receives a waiver from the Department pursuant to Section 30 18984.12 of Article 3 of this chapter shall report the following information for each 31 year the waiver is in effect: 32 (A) The number of generators waived from the requirement to subscribe to an 33 organic waste collection service. 34 (e) A jurisdiction shall report the following regarding its implementation of education and 35 outreach required in Article 4 of this chapter: 36 (1) The number of organic waste generators and edible food generators that received 37 information and the type of education and outreach used. 38 (f) A jurisdiction shall report the following regarding its implementation of the hauler 39 oversight requirements of Article 7 of this chapter: 40 (1) The number of haulers approved to collect organic waste in the jurisdiction. 41 (2) The Recycling and Disposal Reporting System number of each facility that is 42 receiving organic waste from haulers approved by the jurisdiction. 43 (3) The number of haulers that have had their approval revoked or denied. 44 2022/06/14 City Council Post Agenda Page 584 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 99 of 127 November 2020 (g) A jurisdiction subject to article 8 shall report the following regarding its 1 implementation of the CALGreen Building Standards and Model Water Efficient 2 Landscape Ordinance as required in Article 8 of this chapter: 3 (1) The number of construction and demolition debris removal activities conducted in 4 compliance with Section 18989.1. 5 (2) The number of projects subject to Section 18989.2. 6 (h) A jurisdiction shall report the following regarding its implementation of the edible 7 food recovery requirements of Article 10 of this chapter: 8 (1) The number of commercial edible food generators located within the jurisdiction. 9 (2) The number of food recovery services and organizations located and operating 10 within the jurisdiction that contract with or have written agreements with commercial 11 edible food generators for food recovery. 12 (A) A jurisdiction shall require food recovery organizations and services that are 13 located within the jurisdiction and contract with or have written agreements with 14 commercial edible food generators pursuant to Section 18991.3 (b) to report the 15 amount of edible food in pounds recovered by the service or organization in the 16 previous calendar year to the jurisdiction. 17 (3) The jurisdiction shall report on the total pounds of edible food recovered by food 18 recovery organizations and services pursuant to Subdivision (h)(2)(A). 19 (i) A jurisdiction shall report the following regarding its implementation of the organic 20 waste recycling capacity planning and edible food recovery capacity planning 21 requirements of Article 11 of this chapter: 22 (1) A county shall report: 23 (A) The tons estimated to be generated for landfill disposal. 24 (B) The amount of capacity verifiably available to the county and cities within the 25 county. 26 (C) The amount of new capacity needed. 27 (D) The locations identified for new or expanded facilities. 28 (E) The jurisdictions that are required to submit implementation schedules. 29 (F) The jurisdictions that did not provide information required by Article 11 of this 30 chapter to the county within 120 days. 31 (2) Notwithstanding Subdivision (a), the information required by this subdivision shall 32 be reported on the schedule specified in Section 18992.3. 33 (j) A jurisdiction, as defined in Sections 18993.1, shall report the following regarding its 34 implementation of the procurement requirements of Article 12 of this chapter: 35 (1) The amount of each recovered organic waste product procured directly by the 36 city, county, or through direct service providers, or both during the prior calendar 37 year. 38 (2) If the jurisdiction is implementing the procurement requirements of Section 39 18993.1 through an adjusted recovered organic waste product procurement target 40 pursuant to Section 18993.1(j), the jurisdiction shall include in its report the total 41 amount of transportation fuel, electricity, and gas for heating applications procured 42 during the calendar year prior to the applicable reporting period. 43 (k) A jurisdiction shall report the following regarding its implementation of the 44 compliance, monitoring, and enforcement requirements specified in Articles 14-16 of 45 this chapter: 46 2022/06/14 City Council Post Agenda Page 585 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 100 of 127 November 2020 (1) The number of commercial businesses that were included in a compliance review 1 performed by the jurisdiction pursuant to Section 18995.1(a)(1). As well as the 2 number of violations found and corrected through compliance reviews if different from 3 the amount reported in Subdivision (k)(5). 4 (2) The number of route reviews conducted. 5 (3) The number of inspections conducted by type for commercial edible food 6 generators, food recovery organizations, and commercial businesses. 7 (4) The number of complaints pursuant to Section 18995.3 that were received and 8 investigated, and the number of Notices of Violation issued based on investigation of 9 those complaints. 10 (5) The number of Notices of Violation issued, categorized by type of entity subject to 11 this chapter. 12 (6) The number of penalty orders issued, categorized by type of entity subject to this 13 chapter. 14 (7) The number of enforcement actions that were resolved, categorized by type of 15 regulated entity. 16 (l) A jurisdiction shall report any changes to the information described in Sections 17 18994.1(a)(1) and 18994.1(a)(3). 18 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 19 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 20 Section 39730.6. 21 Article 14 Enforcement Requirements 22 Section 18995.1. Jurisdiction Inspection Requirements. 23 (a) On or before January 1, 2022, a jurisdiction shall have an inspection and 24 enforcement program that is designed to ensure overall compliance with this chapter 25 and that, at a minimum, includes the following requirements: 26 (1) Beginning January 1, 2022, and at least annually thereafter, a jurisdiction shall 27 conduct the following: 28 (A) If the jurisdiction is using the compliance method described in Section 18984.1 29 or 18984.2 of this division, the jurisdiction shall complete a compliance review of 30 all solid waste collection accounts for commercial businesses that are subject to its 31 authority and that generate two cubic yards or more per week of solid waste, 32 including organic waste. 33 1. The jurisdiction shall also determine compliance with: 34 i. Organic waste generator requirements set forth in Section 18984.9(a). 35 ii. Self-haul requirements set forth in Section 18988.3, including whether a 36 business is complying through back-hauling organic waste. 37 2. Beginning April 1, 2022, the jurisdiction shall either: 38 i. Conduct annual route reviews of commercial businesses and residential 39 generators for compliance with organic waste generator requirements set 40 forth in Section 18984.9(a) and container contamination requirements set 41 forth in Section 18984.5; or 42 2022/06/14 City Council Post Agenda Page 586 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 101 of 127 November 2020 ii. Perform waste evaluations consistent with Section 18984.5(c) to verify 1 commercial businesses and residential generators compliance with organic 2 waste generator requirements set forth in Section 18984.9(a). 3 (B) If a jurisdiction is using the compliance method described in Section 18984.3, 4 the jurisdiction shall conduct a compliance review of all solid waste collection 5 accounts for commercial businesses that are subject to its authority and generate 6 two cubic yards or more per week of solid waste, including organic waste. 7 1. The jurisdiction shall also determine compliance with: 8 i. Organic waste generator requirements set forth in Section 18984.9(a) and 9 document if the business is transporting the contents to a high diversion 10 organic waste processing facility; or 11 ii. Self-hauling requirements pursuant to Section 18988.3, including whether 12 a business is complying through back-hauling organic waste. 13 (2) Beginning January 1, 2022, conduct inspections of Tier One commercial edible 14 food generators and food recovery organizations and services for compliance with 15 this chapter. Beginning January 1, 2024, conduct inspections of Tier Two commercial 16 edible food generators for compliance with Article 10 of this chapter. 17 (3) Beginning January 1, 2022, investigate complaints as required under Section 18 18995.3. 19 (4) Beginning January 1, 2022 and until December 31, 2023, a jurisdiction shall 20 provide educational material describing the applicable requirements of this chapter in 21 response to violations. 22 (5) Beginning January 1, 2024, a jurisdiction shall enforce this chapter pursuant to 23 Sections 18995.4 and 18997.2 in response to violations. 24 (6) At least every five years from the date of issuance, verify through inspection that 25 commercial businesses are meeting de minimis and physical space waivers for 26 compliance consistent with the requirements of Section 18984.11. 27 (b) A jurisdiction shall conduct a sufficient number of route reviews and inspections of 28 entities described in this section to adequately determine overall compliance with this 29 chapter. A jurisdiction may prioritize inspections of entities that it determines are more 30 likely to be out of compliance. 31 (c) A jurisdiction shall generate a written or electronic record for each inspection, route 32 review, and compliance review conducted pursuant to this chapter. Each record shall 33 include, at a minimum, the following information: 34 (1) Identifying information for the subject or subjects of the inspection, route review or 35 compliance review, such as, but not limited to: 36 (A) The name or account name of each person or entity. 37 (B) A description of the hauler route and addresses covered by a route review. 38 (C) A list of accounts reviewed for each compliance review. 39 (2) The date or dates the inspection, route review, or compliance review was 40 conducted. 41 (3) The person or persons who conducted the action. 42 (4) The jurisdiction’s findings regarding compliance with this chapter, including any 43 Notices of Violation or educational materials that were issued. 44 (5) Any relevant evidence supporting the findings in Subsection (4) above, such as, 45 but not limited to, photographs and account records. 46 2022/06/14 City Council Post Agenda Page 587 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 102 of 127 November 2020 (6) Route review records shall also include a description of the locations of the route 1 review(s) and the addresses where prohibited container contaminants are found, if 2 any. 3 (d) Documentation of route reviews, compliance reviews, and inspections, as well as all 4 other records of enforcement conducted pursuant to this chapter shall be maintained in 5 the Implementation Record required by Section 18995.2 of this chapter, and shall 6 include, but not be limited to: 7 (1) Copies of all documentation of route reviews, compliance reviews, and 8 inspections. 9 (2) Copies of all enforcement actions required by Section 18995.4 of this chapter, 10 including Notices of Violation and penalty orders. 11 (3) A list of the date(s) that the jurisdiction determined an entity complied with a 12 Notice of Violation and the evidence that supports that compliance determination. 13 (4) Copies of notices and educational material provided as required by this section. 14 (e) Consistent with Section 18981.2, a jurisdiction may have a designee conduct 15 inspections required by this section. 16 (f) Any records obtained by a jurisdiction through its implementation and enforcement of 17 the requirements of this chapter shall be subject to the requirements and applicable 18 disclosure exemptions of the Public Records Act as set forth in Government Code 19 Section 6250 et seq. 20 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 21 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 22 Section 39730.6. 23 Section 18995.2. Implementation Record and Recordkeeping Requirements. 24 (a) A jurisdiction shall maintain all records required by this chapter in the 25 Implementation Record. 26 (b) The Implementation Record shall be stored in one central location, physical or 27 electronic, that can be readily accessed by the Department. 28 (c) Upon request by the Department, the jurisdiction shall provide access to the 29 Implementation Record within ten business days. 30 (d) All records and information shall be included in the Implementation Record within 60 31 days of the creation of the record or information. 32 (e) All records shall be retained by the jurisdiction for five years. 33 (f) At a minimum, the following shall be included in the Implementation Record: 34 (1) A copy of all ordinances or other similarly enforceable mechanisms, contracts, 35 and agreements, as required by this chapter. 36 (2) A written description of the jurisdiction's inspection and enforcement program that 37 it uses to comply with Sections 18995.1 and 18995.4. 38 (3) All organic waste collection service records required by Section 18984.4. 39 (4) All contamination minimization records required by Section 18984.6. 40 (5) All waiver and exemption records required by Section 18984.14. 41 (6) All education and outreach records required by Section 18985.3. 42 (7) All hauler program records required by Section 18988.4. 43 (8) All jurisdiction edible food recovery program records required by Section 18991.2. 44 2022/06/14 City Council Post Agenda Page 588 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 103 of 127 November 2020 (9) All recovered organic waste procurement target records required by Section 1 18993.2. 2 (10) All recycled content paper procurement records required by Section 18993.4. 3 (11) All inspection, route review, and compliance review documents generated 4 pursuant to the requirements of Section 18995.1(d). 5 (12) All records of enforcement actions undertaken pursuant to this chapter. 6 (13) All records of complaints and investigations of complaints required by Section 7 18995.3 and compliance with the jurisdiction’s inspection and enforcement 8 requirements of Sections 18995.1. 9 (14) All records required by Section 18998.4 if the jurisdiction is implementing a 10 performance-based source separated organic waste collection service under Article 11 17 of this chapter. 12 (g) All records maintained in the Implementation Record shall be subject to the 13 requirements and applicable disclosure exemptions of the Public Records Act as set 14 forth in Government Code Section 6250 et seq. 15 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 16 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 17 Section 39730.6. 18 Section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations. 19 (a) A jurisdiction shall provide a procedure for the receipt and investigation of written 20 complaints of alleged violations of this chapter. The jurisdiction shall allow for the 21 submission of anonymous complaints. 22 (b) The procedure shall provide that complaints be in writing and include the following 23 information: 24 (1) If the complaint is not anonymous, the name and contact information of the 25 complainant. 26 (2) The identity of the alleged violator, if known. 27 (3) A description of the alleged violation including location(s) and all other relevant 28 facts known to the complainant. 29 (4) Any relevant photographic or documentary evidence to support the allegations in 30 the complaint. 31 (5) The identity of any witnesses, if known. 32 (c) A jurisdiction shall commence an investigation within 90 days of receiving a 33 complaint that meets the requirements of Subdivision (b) if the jurisdiction determines 34 that the allegations, if true, would constitute a violation of this chapter. The jurisdiction 35 may decline to investigate a complaint if, in its judgment, investigation is unwarranted 36 because the allegations are contrary to facts known to the jurisdiction. 37 (d)The jurisdiction shall provide a procedure to notify a complainant of the results of 38 their complaint if the identity and contact information of the complainant are known. 39 (e) The jurisdiction shall maintain records of all complaints and responses pursuant to 40 this section in the Implementation Record set forth in Section 18995.2. The records 41 shall include the complaint as received and the jurisdiction’s determination of 42 compliance or notice of violations issued. 43 2022/06/14 City Council Post Agenda Page 589 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 104 of 127 November 2020 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2 Section 39730.6. 3 Section 18995.4. Enforcement by a Jurisdiction. 4 (a) With the exception of violations of the prohibited container contaminants provisions 5 in Section 18984.5(a), which a jurisdiction shall enforce through the notice provisions of 6 Section 18984.5(b), for violations of this chapter occurring on or after January 1, 2024, 7 the jurisdiction shall take enforcement action as set forth in this section. 8 (1) The jurisdiction shall issue a Notice of Violation requiring compliance within 60 9 days of the issuance of that notice. 10 (2) Absent compliance by the respondent within the deadline set forth in the Notice 11 of Violation, the jurisdiction shall commence an action to impose penalties pursuant 12 to Article 16 of this chapter. 13 (b) The jurisdiction may extend the compliance deadlines set forth in a Notice of 14 Violation issued pursuant to Subdivision (a) if it finds that extenuating circumstances 15 beyond the control of the respondent make compliance within the deadlines 16 impracticable. For purposes of this section, extenuating circumstances are: 17 (1) Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or 18 natural disasters; 19 (2) Delays in obtaining discretionary permits or other government agency approvals; 20 and 21 (3) Deficiencies in organic waste recycling capacity infrastructure or edible food 22 recovery capacity, and the relevant jurisdiction is under a Corrective Action Plan 23 pursuant to Section 18996.2 due to those deficiencies. 24 (c) A Notice of Violation shall include the following information: 25 (1) The name(s), or account name(s) if different, of each person or entity to whom it 26 is directed. 27 (2) A factual description of the violations of this chapter, including the regulatory 28 section(s) being violated. 29 (3) A compliance date by which the operator is to take specified action(s). 30 (4) The penalty for not complying within the specified compliance date. 31 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 32 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 33 Section 39730.6. 34 Article 15. Enforcement Oversight by the Department 35 Section 18996.1. Department Evaluation of Jurisdiction Compliance. 36 (a) The Department shall evaluate a jurisdiction’s compliance with this chapter as set 37 forth in this article. 38 (b) In conducting a compliance evaluation, the Department shall review the jurisdiction’s 39 Implementation Record and may conduct inspections, compliance reviews, and route 40 reviews. 41 2022/06/14 City Council Post Agenda Page 590 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 105 of 127 November 2020 (c) The Department shall notify the jurisdiction prior to conducting a compliance 1 evaluation. 2 (d) The Department shall provide its findings to the jurisdiction in writing. 3 (e) If the Department determines at any time that an ordinance adopted by a jurisdiction 4 is inconsistent with or does not meet the requirements set forth in this chapter, the 5 Department shall notify the jurisdiction and provide an explanation of the deficiencies. 6 The jurisdiction shall have 180 days from that notice to correct the deficiencies. If the 7 jurisdiction does not, the Department shall commence enforcement actions as set forth 8 in Section 18996.2. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12 Section 18996.2. Department Enforcement Action Over Jurisdictions. 13 (a) The Department shall enforce this chapter according to the following procedures: 14 (1) Issue a Notice of Violation requiring compliance within 90 days of the date of 15 issuance of that notice. The Department shall grant an extension for up to a total of 16 180 days from the date of issuance of the Notice of Violation if it finds that additional 17 time is necessary for the jurisdiction to comply. 18 (2) The Department shall extend the deadline for a jurisdiction to comply beyond the 19 maximum compliance deadline allowed in Subdivision (a)(1) by issuing a Corrective 20 Action Plan setting forth the actions a jurisdiction shall take to correct the violation(s). 21 A Corrective Action Plan shall be issued if the Department finds that additional time is 22 necessary for the jurisdiction to comply and the jurisdiction has made a substantial 23 effort to meet the maximum compliance deadline but extenuating circumstances 24 beyond the control of the jurisdiction make compliance impracticable. The 25 Department shall base its finding on available evidence, including relevant evidence 26 provided by the jurisdiction. 27 (A) If a jurisdiction is unable to comply with the maximum compliance deadline 28 allowed in Subdivision (a)(1) due to deficiencies in organic waste recycling 29 capacity infrastructure, the Department shall issue a Corrective Action Plan for 30 such violations upon making a finding that: 31 1. Additional time is necessary for the jurisdiction to comply; and 32 2. The jurisdiction has provided organic waste collection service to all hauler 33 routes where it is practicable and the inability to comply with the maximum 34 compliance deadline in Subdivision (a)(1) is limited to only those hauler routes 35 where organic waste recycling capacity infrastructure deficiencies have caused 36 the provision of organic waste collection service to be impracticable. 37 3. The Department shall, if applicable, consider implementation schedules, as 38 described in Section 18992.1, for purposes of developing a Corrective Action 39 Plan but shall not be restricted in mandating actions to remedy violation(s) and 40 developing applicable compliance deadline(s) to those provided in the 41 Implementation Schedule. 42 (B) For the purposes of this section, “substantial effort” means that a jurisdiction 43 has taken all practicable actions to comply. Substantial effort does not include 44 2022/06/14 City Council Post Agenda Page 591 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 106 of 127 November 2020 circumstances where a decision-making body of a jurisdiction has not taken the 1 necessary steps to comply with the chapter including, but not limited to, a failure to 2 provide adequate staff resources to meet its obligations under this chapter, a 3 failure to provide sufficient funding to ensure compliance, or failure to adopt the 4 ordinance(s) or similarly enforceable mechanisms under Section 18981.2. 5 (C) For the purposes of this section, “extenuating circumstances” are: 6 1. Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 7 emergencies or natural disasters. 8 2. Delays in obtaining discretionary permits or other government agency 9 approvals. 10 3. An organic waste recycling infrastructure capacity deficiency requiring more 11 than 180 days to cure. 12 (3) A Corrective Action Plan shall be issued by the Department with a maximum 13 compliance deadline no more than 24 months from the date of the original Notice of 14 Violation and shall include a description of each action the jurisdiction shall take to 15 remedy the violation(s) and the applicable compliance deadline(s) for each action. 16 The Corrective Action Plan shall describe the penalties that may be imposed if a 17 jurisdiction fails to comply. 18 (A) An initial Corrective Action Plan issued due to inadequate organic waste 19 recycling infrastructure capacity may be extended for a period of up to 12 months 20 if the department finds that the jurisdiction has demonstrated substantial effort. 21 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6. 24 Section 18996.3. Department Enforcement When Jurisdiction Fails to Enforce. 25 The Department shall take direct enforcement action against an entity subject to a 26 jurisdiction’s enforcement authority under this chapter consistent with the following 27 requirements: 28 (a) If the jurisdiction fails to comply by the deadline in a Notice of Violation, or extension 29 thereto, issued under Section 18996.2(a)(1) for failure to take enforcement action as 30 required by this chapter, the Department shall take direct enforcement action against 31 that entity pursuant to Section 18996.9 upon the Department’s compliance with 32 Subdivision (b). 33 (b) Prior to initiating enforcement action under Section 18996.9 against the entity, the 34 Department shall notify the jurisdiction in writing of its intent to do so and shall include a 35 general description of the grounds for the Department’s action. 36 (c) Nothing in this section shall be construed as a limitation on the Department taking 37 enforcement action against the jurisdiction for a failure to comply with the requirements 38 of this chapter. 39 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 40 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 41 Section 39730.6. 42 2022/06/14 City Council Post Agenda Page 592 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 107 of 127 November 2020 Section 18996.4. Access for Inspection by the Department. 1 (a) Upon presentation of proper credentials, an authorized Department employee or 2 agent shall be allowed to enter the premises of any entity subject to this chapter during 3 normal working hours to conduct inspections and investigations in order to examine 4 organic waste recovery activities, edible food recovery activities, and records in order to 5 determine compliance with this chapter. Methods may include, but are not limited to, 6 allowing the review or copying or both, of any paper, electronic, or other records 7 required by this chapter. 8 (1) This subdivision is not intended to permit an employee or agent of the Department 9 to enter a residential property. 10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6. 13 Section 18996.5. Enforcement Actions Against Organic Waste Generators 14 Located In Multiple Jurisdictions. 15 (a) In matters of substantial statewide concern, where multiple jurisdictions determine 16 that Department enforcement may be more effective at achieving the intent of this 17 chapter than separate enforcement by each jurisdiction, multiple jurisdictions may, 18 together, file a joint enforcement referral under this section. 19 (b) The joint referral may request that the Department take enforcement action in lieu of 20 those jurisdictions against an organic waste generator or generators, including a 21 commercial edible food generator or generators, with locations, at minimum, in each of 22 those jurisdictions. 23 (c) The joint referral shall be filed with the director of CalRecycle and shall include: 24 (1) A statement of facts that includes a description of the following: 25 (A) The relevant locations of the organic waste generator or generators at issue; 26 (B) The alleged violations of this chapter, the locations of those violations, and the 27 relevant regulatory sections; and 28 (C) All evidence known to the jurisdictions that supports the allegations in the 29 statement of facts. 30 (2) An analysis of the following issues: 31 (A) Why the relevant enforcement matter is of substantial statewide concern; and 32 (B) The basis of the finding by the jurisdictions that Department enforcement 33 against the relevant organic waste generator or generators will be more effective 34 at achieving the intent of this chapter than separate enforcement by each 35 jurisdiction. 36 (3) A signature from the person in each jurisdiction responsible for compliance with 37 this chapter, as currently reported to the Department in Article 13, certifying that the 38 allegations contained in the referral are true and correct to the best of their 39 knowledge. 40 (d) The Department shall take enforcement action in lieu of the jurisdictions pursuant to 41 this section and Section 18996.9 upon a finding that: 42 (1) The referral meets the requirements of this section and includes credible evidence 43 supporting all of the factual allegations therein; 44 2022/06/14 City Council Post Agenda Page 593 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 108 of 127 November 2020 (2) The relevant enforcement matter described in the joint referral is of substantial 1 regional or statewide concern; and 2 (3) Department enforcement action against the relevant organic waste generator will 3 be more effective at achieving the goals of this chapter than separate enforcement by 4 each jurisdiction. 5 (e) The Department shall respond, in writing, to the joint referral with a determination as 6 to whether it will take enforcement action against the relevant generator in lieu of the 7 jurisdictions. 8 (1) If the Department agrees to take enforcement action pursuant to a joint referral, 9 the Department shall issue a written order to the relevant jurisdictions mandating 10 suspension of their individual enforcement actions against the relevant organic waste 11 generator or generators. 12 (2) If the Department fails to respond to a joint referral within 90 days of receipt, the 13 joint referral shall be deemed denied. 14 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 15 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 16 Section 39730.6. 17 Section 18996.6. Department Enforcement Action Regarding State Agencies. 18 (a) If the Department finds that a state agency is violating Article 5 or Article 10 of this 19 chapter, then the Department shall take the following actions: 20 (1) Issue a Notice of Violation requiring compliance within 90 days of the date of 21 issuance of that notice. The Department shall grant an additional extension up to 180 22 days fro m the date of issuance of the Notice of Violation if it finds that additional time 23 is necessary for the state agency to comply. The Department shall base its finding on 24 available evidence, including relevant evidence provided by the state agency. 25 (2) If a state agency fails to comply by the final deadline in a Notice of Violation, the 26 Department shall take the following actions: 27 (A) List the state agency on the Organic Waste Recovery Noncompliance 28 Inventory on the Department’s website until such time as the Department finds that 29 the state agency is no longer in violation. 30 (B) Notify the Governor. 31 (C) Notify the Legislature. 32 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 33 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 34 Section 39730.6. 35 Section 18996.7. Department Enforcement Action Regarding Local Education 36 Agencies and Federal Facilities. 37 (a) If the Department finds that a local education agency or federal facility is violating 38 this chapter, the Department shall issue a Notice of Violation requiring compliance 39 within 90 days. The Department shall grant an additional extension up to 180 days from 40 the date of issuance of the Notice of Violation if it finds that additional time is necessary 41 for the local education agency or federal facility to comply. The Department shall base 42 2022/06/14 City Council Post Agenda Page 594 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 109 of 127 November 2020 its finding on available evidence, including relevant evidence provided by the local 1 education agency or federal facility. If the local education agency or federal facility fails 2 to comply with the final deadline in a Notice of Violation, the Department shall list the 3 local education agency or federal facility on the Organic Waste Recovery 4 Noncompliance Inventory on its website until such time as the Department determines 5 that the local education agency or federal facility is no longer in violation. 6 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 8 Section 39730.6. 9 Section 18996.8. Department Investigation of Complaints of Alleged Violations. 10 (a) The Department shall receive and investigate written complaints of alleged violations 11 of this chapter according to the requirements of this section. 12 (b) Complaints may be submitted anonymously, shall be submitted in writing, and shall 13 include the following information. 14 (1) If the complaint is not anonymous, the name and contact information of the 15 complainant. 16 (2) The identity of the alleged violator, if known. 17 (3) A description of the alleged violation including location(s) and all other relevant 18 facts known to the complainant. 19 (4) Any relevant photographic or documentary evidence to support the allegations in 20 the complaint. 21 (5) The identity of any witnesses, if known. 22 (c) The Department shall commence an investigation within 90 days of receiving a 23 complaint that meets the requirements of Subdivision (b) if the Department determines 24 the allegations, if true, would constitute a violation of this chapter subject to the 25 enforcement authority of the Department. The Department may decline to investigate a 26 complaint if, in its judgment, investigation is unwarranted because the allegations are 27 contrary to facts known to the Department. The Department shall notify the complainant 28 of the results of the investigation if the identity and contact information of the 29 complainant are known. 30 (d) If the Department receives a complaint about a violation within the enforcement 31 authority of a jurisdiction, it shall refer the complaint to the jurisdiction for investigation 32 under Section 18995.3. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5and Health and Safety Code 35 Section 39730.6. 36 Section 18996.9. Department Enforcement Actions Against Entities. 37 (a) The Department shall take enforcement action against the following entities pursuant 38 to the requirements of this section when a jurisdiction has failed to enforce this chapter 39 as determined under Section 18996.3, or lacks the authority to enforce this chapter: 40 (1) Organic waste generators, commercial edible food generators, haulers, and food 41 recovery organizations and services; and 42 2022/06/14 City Council Post Agenda Page 595 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 110 of 127 November 2020 (2) A non-local entity that is not subject to Section 18996.6 or 18996.7. 1 (b) Violations of this chapter that are subject to this section shall be enforced as follows: 2 (1) For a first violation: 3 (A) The Department shall issue a Notice of Violation requiring compliance within 4 60 days of the issuance of that notice. 5 (B) If the violation continues after the compliance deadline in the Notice of 6 Violation, the Department shall issue a Notice and Order to Correct requiring 7 compliance within 30 days of issuance of that Notice and Order. The Notice and 8 Order to Correct shall inform the respondent that the Department shall impose 9 penalties upon failure to comply by the deadline in that Notice and Order. 10 (C) If the violation continues after the compliance deadline in the Notice and Order 11 to Correct, the Department shall commence action to impose penalties pursuant to 12 Section 18997.5. 13 (2) For a second or subsequent violation occurring within 5 years of a first violation: 14 (A) The Department shall issue a Notice and Order to Correct requiring 15 compliance within 30 days of the issuance of that Notice and Order. The Notice 16 and Order to Correct shall inform the respondent that the Department may impose 17 penalties upon failure to comply by the deadline in that Notice and Order. 18 (B) If the violation continues after the compliance deadline in the Notice and Order 19 to Correct, the Department shall commence action to impose penalties pursuant to 20 Section 18997.5. 21 (c) The Department shall extend the deadlines set forth in Subdivision (b) if it makes 22 the following findings based on available evidence, including relevant evidence provided 23 by the respondent: 24 (1) Additional time is necessary to comply. 25 (2) Extenuating circumstances beyond the control of the respondent make 26 compliance impracticable. For the purposes of this section, “extenuating 27 circumstances” are: 28 (A) Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 29 emergencies or natural disasters. 30 (B) Delays in obtaining discretionary permits or other government agency 31 approvals. 32 (C) An organic waste recycling infrastructure capacity deficiency and the 33 jurisdiction within which the respondent is located is subject to a Corrective Action 34 Plan pursuant to Section 18996.2 due to such deficiencies. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37 Section 39730.6. 38 Article 16. Administrative Civil Penalties 39 Section 18997.1. Scope. 40 (a) Administrative civil penalties for violations of this chapter shall be imposed 41 consistent with the requirements of this Article as authorized by Public Resources Code 42 Section 42652.5. 43 2022/06/14 City Council Post Agenda Page 596 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 111 of 127 November 2020 (b) A jurisdiction shall adopt ordinance(s) or enforceable mechanisms to impose 1 penalties as prescribed in Section 18997.2. 2 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 4 Code Section 39730.6 5 Section 18997.2. Penalty Amounts. 6 (a) A jurisdiction shall impose penalties for violations of the requirements of this chapter 7 consistent with the applicable requirements prescribed in Government Code Sections 8 53069.4, 25132 and 36900. The penalty levels shall be as follows: 9 (1) For a first violation, the amount of the base penalty shall be $50-$100 per 10 violation. 11 (2) For a second violation, the amount of the base penalty shall be $100-$200 per 12 violation. 13 (3) For a third or subsequent violation, the amount of the base penalty shall be $250-14 $500 per violation. 15 (b) Nothing in this section shall be construed as preventing a jurisdiction from revoking, 16 suspending, or denying a permit, registration, license, or other authorization consistent 17 with local requirements outside the scope of this chapter in addition to the imposition of 18 penalties authorized under this section. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5, Health and Safety Code Section 21 39730.6 and Government Code Sections 25132, 36900 and 53069.4. 22 Section 18997.3 Department Penalty Amounts. 23 (a) Penalties shall be imposed administratively in accordance with the requirements set 24 forth in this section. 25 (b) Penalties, except for violations specified in subdivision (d), shall be assessed as 26 follows: 27 (1) A “Minor” violation means a violation involving minimal deviation from the 28 standards in this chapter, where the entity failed to implement some aspects of a 29 requirement but has otherwise not deviated from the requirement. The penalties for 30 this type of violation shall be no less than five hundred dollars ($500) per violation 31 and no more than four thousand dollars ($4,000) per violation per day. 32 (2) A “Moderate” violation means a violation involving moderate deviation from the 33 standards in this chapter. A violation which is not a minor violation or a major 34 violation shall be a moderate violation. The penalties for this type of violation shall be 35 no less than four thousand dollars ($4,000) per violation and shall be no more than 36 seven thousand five hundred dollars ($7,500) per violation per day. 37 (3) A “Major” violation means a violation that is a substantial deviation from the 38 standards in this chapter that may also be knowing, willful or intentional or a chronic 39 violation by a recalcitrant violator as evidenced by a pattern or practice of 40 noncompliance. The penalties for this type of violation shall be no less than seven 41 thousand five hundred dollars ($7,500) per violation per day and no more than ten 42 2022/06/14 City Council Post Agenda Page 597 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 112 of 127 November 2020 thousand dollars ($10,000) per violation per day. For purposes of this subsection, a 1 major violation shall always be deemed to include the following types of violations: 2 (A) A jurisdiction fails to have any ordinance or similarly enforceable mechanism 3 for organic waste disposal reduction and edible food recovery. 4 (B) A jurisdiction fails to have a provision in a contract, agreement, or other 5 authorization that requires a hauler to comply with the requirements of this 6 chapter. 7 (C) A jurisdiction fails to have an edible food recovery program. 8 (D) A jurisdiction fails to have any Implementation Record. 9 (E) A jurisdiction implements or enforces an ordinance, policy, procedure, 10 condition, or initiative that is prohibited under Sections 18990.1 or 18990.2. 11 (F) A jurisdiction fails to submit the reports required in Sections 18994.1 and 12 18994.2. 13 (c) Once the penalty range has been determined pursuant to Subdivision (b), the 14 following factors shall be used to determine the amount of the penalty for each violation 15 within that range: 16 (1) The nature, circumstances, and severity of the violation(s). 17 (2) The violator’s ability to pay. 18 (3) The willfulness of the violator's misconduct. 19 (4) Whether the violator took measures to avoid or mitigate violations of this chapter. 20 (5) Evidence of any economic benefit resulting from the violation(s). 21 (6) The deterrent effect of the penalty on the violator. 22 (7) Whether the violation(s) were due to conditions outside the control of the violator. 23 (d) For violations of the Recovered Organic Waste Product Procurement requirements 24 in Section 18993.1, where a jurisdiction fails to procure a quantity of recovered organic 25 waste products that meets or exceeds its recovered organic waste product procurement 26 target, the Department shall determine penalties under this Subdivision (d) based on the 27 following: 28 (1) The Department shall calculate the jurisdiction’s daily procurement target 29 equivalent by dividing the procurement target by 365 days. 30 (2) The Department shall determine the number of days a jurisdiction was in 31 compliance by dividing the total amount of recovered organic waste products 32 procured by the daily procurement target equivalent. 33 (3) The Department shall determine the number of days a jurisdiction was out of 34 compliance with the procurement target by subtracting the number of days calculated 35 in Subdivision (d)(2) from 365 days. 36 (4) The penalty amount shall be calculated by determining a penalty based on the 37 factors in Subdivision (c) above, and multiplying that number by the number of days 38 determined according to Subdivision (d)(3). The penalty amount shall not exceed 39 $10,000 per day. 40 (e) Notwithstanding Subdivisions (a)-(d) if the Department sets a penalty amount for 41 multiple violations of this chapter, the aggregated penalty amount for all violations shall 42 not exceed the amount authorized in Section 42652.5 of the Public Resources Code. 43 (f) Nothing in this section shall be construed as authorizing the Department to impose 44 penalties on residential organic waste generators. 45 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 46 2022/06/14 City Council Post Agenda Page 598 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 113 of 127 November 2020 Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 1 Code Section 39730.6. 2 Section 18997.4. Organic Waste Recovery Noncompliance Inventory. 3 (a) If the Department finds that a state agency, local education agency, or federal facility 4 has failed to meet the final deadline in a Notice of Violation issued under this chapter, 5 the Department shall send a notice stating that the Department has placed the 6 respondent on the Organic Waste Recovery Noncompliance Inventory listed on its 7 website. The Department may remove the respondent from the Organic Waste 8 Recovery Noncompliance Inventory upon a finding, based on available evidence, that 9 the respondent is no longer in violation of this chapter. 10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6. 13 Section 18997.5. Department Procedure for Imposing Administrative Civil 14 Penalties. 15 (a) The Department shall commence an action to impose administrative civil penalties 16 by serving an accusation on a jurisdiction, person and/or entity, and a notice informing 17 the jurisdiction, person, and/or entity of their right to a hearing conducted pursuant to 18 Section 18997.6. 19 (b) The accusation and all accompanying documents may be served on the 20 respondent(s) by one of the following means: 21 (1) Personal service; 22 (2) Substitute service by using the same service procedures as described in Section 23 415.20 of the Code of Civil Procedure; 24 (3) Certified Mail or registered mail; or 25 (4) Electronically, with the consent of the respondent(s). 26 (c) Upon receipt of the accusation, the respondent shall file a request for hearing with 27 the director of the Department within 15 days or the respondent will be deemed to have 28 waived its right to a hearing. 29 (d) The Department shall schedule a hearing within 30 days of receipt of a request for 30 hearing that complies with the requirements of this section. 31 (e) The hearing shall be held before the director of the Department, or the director’s 32 designee, within 90 days of the scheduling date. 33 (f) If the respondent(s) waive(s) the right to a hearing, the Department shall issue a 34 penalty order in the amount described in the accusation. 35 (g) The director of the Department, or the director’s designee, shall issue a written 36 decision within 60 days of the conclusion of the hearing. 37 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39 Section 39730.6. 40 2022/06/14 City Council Post Agenda Page 599 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 114 of 127 November 2020 Section 18997.6. Department Procedures for Hearings and Penalty Orders. 1 (a) A hearing required under this chapter shall be conducted by the director of the 2 Department, or the director’s designee, in accordance with the informal hearing 3 requirements specified in Chapter 4.5 (commencing with Section 11400) of Part 1 of 4 Division 3 of Title 2 of the Government Code. 5 (b) A penalty order issued under Section 18997.5 shall become effective and final upon 6 issuance thereof, and payment shall be due within 30 days of issuance, unless 7 otherwise ordered by the director or the director’s designee. A penalty order may be 8 served by any method described in Section 18997.5(b). 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12 Article 17: Performance-Based Source Separated Organic Waste 13 Collection Service 14 Section 18998.1. Requirements for Performance-Based Source Separated 15 Collection Service. 16 (a) If a jurisdiction implements a performance-based source separated organic waste 17 collection service it shall: 18 (1) Provide a three-container organic waste collection service consistent with Section 19 18984.1 (a), (b) and (d)-(f) of this chapter to at least 90 percent of the commercial 20 businesses and 90 percent of the residential sector subject to the jurisdiction’s 21 authority. 22 (2) Transport the contents of the source separated organic waste collection stream to 23 a designated source separated organic waste facility. 24 (3) Ensure that the presence of organic waste in the gray container collection stream 25 does not exceed an annual average of 25 percent by weight. 26 (A) The annual average percent of organic waste present in the gray container 27 collection stream shall be determined by the results of waste evaluations 28 performed by the jurisdiction pursuant to Section 18984.5. 29 (B) The annual average percent of organic waste present in a jurisdiction’s gray 30 container collection stream is the average of the results of the gray container 31 waste collection stream samples performed by the jurisdiction in the immediately 32 previous four quarters pursuant to Section 18984.5. 33 (4) Provide collection service to organic waste generators subject to their authority. 34 Consistent with Section 18984.1, a jurisdiction shall not require commercial 35 businesses or residents to request solid waste collection service prior to enrollment. 36 (5) Notify the Department pursuant to Section 18998.3. 37 (b) Jurisdictions that delegate collection services to a designee shall include in their 38 contracts or agreements with the designee a requirement that all haulers transport the 39 source separated organic waste collection stream collected from generators subject to 40 the authority of a jurisdiction to a designated source separated organic waste facility. 41 (c) If a jurisdiction fails to meet the requirements of this section after notifying the 42 Department in accordance with Section 18998.3, the jurisdiction shall implement an 43 organic waste collection service that complies with the requirements of Article 3 of this 44 2022/06/14 City Council Post Agenda Page 600 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 115 of 127 November 2020 chapter. The jurisdiction shall be subject to the applicable enforcement processes 1 outlined in this chapter until services that comply with Article 3 are provided to 2 generators, and the jurisdiction shall not be eligible for the compliance exceptions in 3 Section 18998.2. 4 (d) A hauler providing a performance-based source separated collection service is not 5 required to comply with the provisions of Section 18988.2 in jurisdictions implementing 6 this service, but shall comply with the following in jurisdictions implementing this service: 7 (1) Only transport the source separated organic waste collection stream to a 8 designated source separated organic waste recycling facility, 9 (2) Keep a record of the documentation of its approval by the jurisdiction. 10 (e) The requirements of Subdivision (d) are not applicable to: 11 (1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1, 12 commencing with Section 41950 of the Public Resources Code, transports source 13 separated organic waste to a community composting site; or 14 (2) A hauler that is lawfully transporting construction and demolition debris in 15 compliance with Section 18989.1. 16 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 17 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 18 Section 39730.6. 19 Section 18998.2. Compliance Exceptions. 20 (a) If a jurisdiction implements a performance-based source separated collection service 21 that meets the requirements of Section 18998.1(a), the jurisdiction shall not be subject 22 to the following: 23 (1) The collection requirements in Sections 18984.2 and 18984.3. 24 (2) The container labeling requirements in Section 18984.8, and waivers in Section 25 18984.11. 26 (3) The recordkeeping requirements in Sections 18984.4, and 18984.14. 27 (4) The organic waste recovery education and outreach requirements in Section 28 18985.1. 29 (5) The recordkeeping requirements in Section 18985.3 except as related to edible 30 food recovery education and outreach performed under Section 18985.2. 31 (6) The regulation of haulers in Article 7 of this chapter. 32 (7) The jurisdiction annual reporting requirements in Section 18994.2(c)(1)-(2), (d)-(f) 33 and (k). 34 (8) The jurisdiction inspection and enforcement requirements in Sections 18995.1, 35 except for the provisions related to edible food generators and food recovery 36 organizations and services in that section. 37 (9) The implementation record and recordkeeping requirements in Section 38 18995.2(f)(3)-(7). Implementation Records requirements in Section 18995.2(f)(11)-39 (13) shall only be required for inspections and enforcement related to edible food 40 generators and food recovery organizations and services. 41 (10) The jurisdiction investigation of complaints of alleged violations requirements in 42 Section 18995.3, except as it pertains to entities subject to the edible food recovery 43 requirements of Article 10 of this chapter. 44 2022/06/14 City Council Post Agenda Page 601 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 116 of 127 November 2020 (11) The jurisdiction enforcement requirements in Section 18995.4, except as it 1 pertains to entities subject to the edible food recovery requirements of Article 10 of 2 this chapter. 3 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 4 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 5 Section 39730.6. 6 Section 18998.3. Notification to Department. 7 (a) A jurisdiction that will implement a performance-based source separated collection 8 service beginning in 2022 shall notify the Department on or before January 1, 2022. A 9 jurisdiction that will implement a performance-based source separated collection system 10 in any subsequent year shall notify the Department on or before January 1 of that year. 11 (b) The notification shall include the following information: 12 (1) The name of the jurisdiction. 13 (2) Date the jurisdiction will start providing the performance-based source -separated 14 collection service. 15 (3) Contact information for the jurisdiction, including the name, address and 16 telephone number of the representative of the jurisdiction with primary responsibility 17 for ensuring compliance with this article. 18 (4) The address within the jurisdiction where all records required by this chapter are 19 maintained. 20 (5) A list of each designated source separated organic waste facility, landfill disposal 21 facility and any other solid waste facility and their Recycling and Disposal Reporting 22 System number for any facility that will be receiving solid waste directly from the 23 jurisdiction. 24 (6) The name of any designee the jurisdiction has delegated responsibilities to 25 pursuant to Section 18998.1 and any relevant documentation demonstrating the 26 designee’s obligation to comply with the provisions of this article. 27 (7) A statement by the representative of the jurisdiction with primary responsibility for 28 ensuring compliance with this article, under penalty of perjury, that all information 29 contained in the notification is true and correct to the best of their knowledge and 30 belief. 31 (8) The percent of commercial businesses and the percent of the residential sector 32 currently enrolled in organic waste collection services provided by the jurisdiction. 33 (c) In the initial report to the department required in Section 18994.1, a jurisdiction 34 implementing a performance-based source separated organic waste collection service 35 shall certify that at least 90 percent of the commercial businesses and 90 percent of the 36 residential sector subject to the jurisdiction’s authority are enrolled in a collection service 37 that complies with the requirements of Section 18998.1. 38 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40 Section 39730.6. 41 2022/06/14 City Council Post Agenda Page 602 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 117 of 127 November 2020 Section 18998.4. Recordkeeping. 1 A jurisdiction implementing a performance-based source separated organic waste 2 collection service pursuant to this article shall maintain the following information and 3 documents in the Implementation Record required by Section 18995.2: 4 (a) The geographical area each designee serves. 5 (b) If a designee is used, a copy of the contract or agreement for each designee 6 specifying the requirement that all haulers transport the source separated organic waste 7 collection stream collected from generators subject to the jurisdiction’s authority to a 8 designated source separated organic waste facility. 9 (c) Records evidencing compliance with Section 18998.1(a) including, but not limited to: 10 (1) A current list of generator addresses subject to the authority of the jurisdiction. 11 (2) A current list of generator addresses subject to the authority of the jurisdiction that 12 are served with a performance-based source separated organic waste collection 13 service. 14 (3) A current list of generator addresses within the jurisdiction that the jurisdiction 15 does not require to use the performance-based source separated organic waste 16 collection service. 17 (4) Documentation of the enrollment system used by the jurisdiction consistent with 18 Section 18998.1(a)(4). 19 (d) A jurisdiction implementing a performance-based source separated organic waste 20 collection service is still required to maintain the following records specified in Section 21 18995.2: 22 (1) Records required by (f)(1). 23 (2) Records required by (f)(2) and (6) as they pertain to the edible food recovery 24 requirements chapter. 25 (3) Records required by (f)(8)-(10). 26 (4) Records required by (f)(11)-(13) as they pertain to the edible food recovery 27 requirements of this chapter. 28 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30 Section 39730.6. 31 Title 27. Environmental Protection 32 Division 2. Solid Waste 33 34 Chapter 3. Criteria for All Waste Management Units, 35 Facilities, and Disposal Sites 36 Subchapter 4. Criteria for Landfills and Disposal Sites 37 2022/06/14 City Council Post Agenda Page 603 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 118 of 127 November 2020 Article 3: CIWMBCalRecycle—Handling, Equipment, and Maintenance 1 §20750.1. CalRecycle– Organic Waste Handling. 2 (a) For new or expanding solid waste landfills, the operator shall implement organic 3 waste recovery activities, as approved by the EA. Organic waste recovery activities 4 shall be confined to specified, clearly identifiable areas of the site and shall be arranged 5 to minimize health and safety hazard, vector harborage, or other hazard or nuisance, 6 and be limited to a volume and storage time as approved by the EA. 7 (1) An operator only accepting solid wastes that have already been processed 8 through a high diversion organic waste processing facility or a designated source 9 separated organic waste facility does not need to implement organic waste recovery 10 activities. 11 (b) For the purposes of this section “organic waste recovery activities” means activities 12 that divert organic waste from landfill disposal to activities that constitute a reduction of 13 landfill disposal of organic waste as defined in Article 2 of Chapter 12 of Division 7 of 14 Title 14 of the California Code of Regulations (commencing with Section 18983.1), 15 either on-site or transport to another site where those activities occur. 16 (c) For the purposes of the section, “expanding” means a solid waste landfill proposing 17 to make a significant change to the design or operation as determined by the EA 18 pursuant to 27 CCR Section 21665. 19 (1) Changing the hours of operation of a landfill is not considered an expansion 20 pursuant to 27 CCR Section 20750.1(c). 21 Note: 22 Authority cited: Section 40502 and 43020, Public Resources Code. 23 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 24 Section 39730.6, Health and Safety Code. 25 Chapter 4. Documentation and Reporting for Regulatory 26 Tiers, Permits, WDRs, and Plans 27 Subchapter 3: Development of Waste Discharge Requirements 28 (WDRs) and Solid Waste Facility Permits 29 Article 2. CalRecycle—Applicant Requirements 30 §21570. CalRecycle—Filing Requirements. 31 (a) Any operator of a disposal site who is required to have a full solid waste facilities 32 permit and waste discharge requirements pursuant to Public Resources Code, Division 33 31 and §20080(f) shall submit an application package for a solid waste facilities permit 34 in duplicate to the EA pursuant to ¶(f). The applicant shall also simultaneously submit 35 one copy of the application form and the Joint Technical Document (JTD) to the 36 Regional Water Quality Control Board (RWQCB) and one copy of the application form 37 to the director of the local agency that oversees local land use planning for the 38 2022/06/14 City Council Post Agenda Page 604 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 119 of 127 November 2020 jurisdiction in which the site is located. The applicant shall ensure demonstration of 1 financial assurances to CalRecycle pursuant to Chapter 6 of this Subdivision. 2 (b) All other applicants who are required to have a full solid waste facilities permit shall 3 submit an application package for a solid waste facilities permit in duplicate to the EA 4 pursuant to ¶(f) and one copy of the application form to the director of the local agency 5 that oversees local land use planning for the jurisdiction in which the site is located. The 6 applicant shall also simultaneously submit one copy of the application form to the 7 RWQCB. 8 (c) Any application package submitted to the EA shall be accompanied by the fee 9 specified by the EA pursuant to Public Resources Code §44006(c). 10 (d) The application package shall require that information be supplied in adequate detail 11 to permit thorough evaluation of the environmental effects of the facility and to permit 12 estimation of the likelihood that the facility will be able to conform to the standards over 13 the useful economic life of the facility. The application package shall require, among 14 other things, that the applicant and the owner give the address at which process may be 15 served upon them. 16 (e) All information in the application package shall be certified by the applicant and the 17 owner of the site as being true and accurate to the best knowledge and belief of each. 18 The applicant, owner of the facility, or both, shall supply additional information as 19 deemed necessary by the EA. 20 (f) A complete and correct application package shall include, but not necessarily be 21 limited to, the following items: 22 (1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements 23 Form CIWMBCalRecycle E-1-77 (Version 11-15 8-04) (Appendix 1); and 24 (2) Complete and correct Report of Facility Information. In the case of disposal sites, 25 this will be a Report of Disposal Site Information (RDSI) in the format of a JTD or ana 26 Disposal Site Facility Plan or Disposal Facility Report in the format of a JTD; and 27 (3) California Environmental Quality Act (CEQA) compliance information as follows: 28 (A) Evidence that there has been compliance with the CEQA, Division 13 29 (commencing with §21000) of the Public Resources Code, regarding the facility; or 30 (B) Information on the status of the application’s compliance with the CEQA 31 regarding the facility, including the proposed project description. Once there has 32 been compliance with the CEQA regarding the facility, evidence of compliance 33 shall be submitted to the EA; and 34 (4) Any CEQA Mitigation Monitoring Implementation Schedule; and 35 (5) Conformance finding information, including one of the following: 36 (A) Until a countywide or regional agency integrated waste management plan has 37 been approved by CalRecycle, the application shall include statements that: the 38 facility is identified and described in or conforms with the County Solid Waste 39 Management Plan, or otherwise complies with Public Resources Code §50000; 40 and that the facility is consistent with the city or county General Plan and 41 compatible with surrounding land use, in accordance with Public Resources Code 42 §50000.5; or 43 (B) After a countywide or regional agency integrated waste management plan has 44 been approved by CalRecycle, the application shall include a statement that: the 45 facility is identified in either the countywide siting element, the nondisposal facility 46 2022/06/14 City Council Post Agenda Page 605 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 120 of 127 November 2020 element, or in the Source Reduction and Recycling Element for the jurisdiction in 1 which it is located; or, that the facility is not required to be identified in any of these 2 elements pursuant to Public Resources Code §50001; and 3 (6) For disposal sites, completeness determination of Preliminary or Final 4 Closure/Postclosure Maintenance Plan as specified in §§21780, 21865, and 21890 5 (Subchapter 4 of this chapter); and 6 [Note: The operator has the option of submitting the preliminary closure plan with the 7 JTD, in which case the EA, RWQCB, and CalRecycle would review it at the same 8 time. If deemed complete by the reviewing agencies, the solid waste facilities permit 9 application package could then be accepted for filing if all other information in the 10 JTD is accepted by the EA. Or the operator can submit a stand alone preliminary 11 closure plan to be deemed complete by reviewing agencies before the application 12 package is submitted to the EA. For CalRecycle purposes, all final 13 closure/postclosure plans are stand alone documents but can be processed jointly 14 with a proposed solid waste facilities permit revision as long as the final plan is 15 determined complete prior to approval of the proposed solid waste facilities permit. 16 The JTD Index prepared for the EA should show where each closure requirement is 17 addressed in the closure/post-closure plan.] 18 (7) For disposal sites, a copy of the most recently submitted detailed written estimate 19 or latest approved estimate, whichever identifies the greatest cost, to cover the cost 20 of known or reasonably foreseeable corrective action activities, pursuant to §22101; 21 (8) For disposal sites, current documentation of acceptable funding levels for required 22 closure, postclosure maintenance, and corrective action Financial Assurance 23 Mechanisms (in accordance with Chapter 6, Division 2); and 24 (9) For disposal sites, current documentation of compliance with operating liability 25 requirements in accordance with Chapter 6; 26 (10) For disposal sites permitted for more than 20 tons-per-day, a ground or aerial 27 survey to be completed at least once every five years or more frequently as 28 determined by the EA. For disposal sites permitted for 20 tons-per-day or less, a 29 ground or aerial survey must be completed at least once every ten years. Survey 30 results must be submitted as a CADD or vector graphics data file including at least 31 two strata, i.e., 1) a stratum showing the base and finished ground surfaces, and 2) a 32 stratum showing the existing and finished ground surfaces. For disposal sites where 33 a change in permitted volume is proposed, a third stratum showing the base and 34 proposed finished ground surface must be included. For each stratum the following 35 information shall be included: site name, stratum name, surface1 name, surface2 36 name, volume calculation method (grid, composite, section), expansion (cut) factor, 37 compaction (fill) factor, cut volume, fill volume and net volume. All volumes shall be 38 reported in cubic yards. If the base ground surface is uncertain, the operator is 39 allowed to provide the best available information as a substitute for the actual as-built 40 contours. If selecting this substitute method, the operator must provide an 41 explanation of the basis for using the substitute base ground surface. For the 42 purposes of this section the following definitions apply: 43 (A) "base ground surface" - the best available excavation plan surface that existed 44 prior to the placement of any waste; 45 (B) "CADD" - computer aided design and drafting; 46 2022/06/14 City Council Post Agenda Page 606 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 121 of 127 November 2020 (C) "compaction (fill) factor" - the factor used to correct for expected compaction of 1 fill material; this factor should normally be unity (one); if the factor is not unity 2 (one), an explanation must be provided for the basis of the volumetric correction; 3 (D) "cut volume" - for any stratum, the volume removed by a cut of a lower surface 4 to achieve the upper surface; 5 (E) "existing ground surface" - the topography that exists at the time of the subject 6 survey; 7 (F) "expansion (cut) factor" - the factor used to correct for expected expansion of a 8 cut surface; this factor should normally be unity (one); if the factor is not unity 9 (one), an explanation must be provided for the basis of the volumetric correction; 10 (G) "fill volume" - for any stratum, the volume bound between the upper and lower 11 surfaces; 12 (H) "finished ground surface" - the final fill plan surface as shown in the approved 13 closure plan for the disposal site; 14 (I) "net volume" - the fill volume less the cut volume; 15 (J) "site name" - the name of the disposal site for which the survey information is 16 being submitted; 17 (K) "stratum (plural: strata)" - a particular volume of a solid waste landfill bound by 18 specified upper and lower surfaces; 19 (L) "stratum name" - a descriptive name for the stratum for which volumetric 20 information is being submitted, e.g., total volume including proposed expansion; 21 (M) "surface names" - names for the pair of surfaces that define a named stratum, 22 e.g., base ground surface and proposed finished ground surface; 23 (N) "survey" - a comprehensive examination of the disposal site under the 24 direction of registered civil engineer or licensed land surveyor for purposes of 25 determining the topography of the base, existing and finished ground surfaces, 26 and the volumes bound by those surfaces; 27 (O) "vector graphics" - computer generated images comprised of lines and shapes 28 of given origin, direction, thickness, color and other attributes; 29 (P) "volume calculation method" - grid, composite, section or other method 30 approved by the enforcement agency. 31 (11) For disposal sites, one of the following: 32 (A) 33 (i) In-place density (pounds of waste per cubic yard of waste). The in-place 34 density is the estimated or measured density of in-place waste material 35 achieved by mechanical or other means in the development of the current lift of 36 the current operating waste cell, and 37 (ii) Waste-to-cover ratio, estimated, (volume:volume). The waste-to-cover ratio 38 estimate is a unit-less expression of the proportion of the volumes of waste and 39 cover that comprise a volume of compacted fill material, e.g. 4:1. The cover 40 portion of the waste-to-cover ratio estimate should include only soil or approved 41 daily or intermediate alternative cover that is not considered a waste material, 42 i.e., payment of fees to CalRecycle is not required. The waste portion of the 43 waste-to-cover ratio estimate should include only waste material for which 44 payment of fees to CalRecycle is reported, or 45 2022/06/14 City Council Post Agenda Page 607 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 122 of 127 November 2020 (B) Airspace utilization factor (tons of waste per cubic yard of landfill airspace). 1 The airspace utilization factor (AUF) is the effective density of waste material in 2 the landfill. The AUF is recorded as the total weight of waste material passing over 3 the landfill scales that is placed in a known volume of landfill airspace in a given 4 period of time. The waste portion of the AUF should include only waste material for 5 which payment of fees to CalRecycle is reported. 6 (12) List of all public hearings and other meetings open to the public that have been 7 held or copies of notices distributed that are applicable to the proposed solid waste 8 facilities permit action. 9 (g) For new or expanded solid waste facilities, hold a public meeting with any affected 10 disadvantaged communities within 180 days of submittal of the permit application 11 package. 12 (1) Provide copies (hard copy or electronic) of notices distributed to the affected 13 disadvantaged communities. 14 (2) Provide a summary of the comments received at the public meeting, responses to 15 any public comments, and any other steps taken by the applicant relative to those 16 comments. 17 (3) For the purposes of this section “affected disadvantaged communities” means 18 communities identified by the California Environmental Protection Agency pursuant to 19 Section 39711 of the Health and Safety Code as disadvantaged that are located 20 within one mile of the facility. 21 Note: 22 Authority cited: Section 40002, 40502 and 43020, Public Resources Code. 23 Reference: Sections 43103, 42652.5, 44001-44017, 44100-44101, 44300-44301, 24 44500-44503 and 44813-44816, Public Resources Code and Section 39730.6, Health 25 and Safety Code. 26 §21590. CIWMBCalRecycle—Joint Technical Document for Disposal Facilities. 27 Any operator of a disposal site which is required to submit a RDSI, closure/postclosure 28 maintenance plan, and/or a ROWD or any other report that addresses similar regulatory 29 concerns, may address those requirements under one JTD. The JTD will be used in 30 place of the RDSI only if it meets all the requirements set forth in §21600 and lists 31 where each requirement has been satisfied in the document in the form of a JTD index, 32 pursuant to ¶(c). 33 (a) After July 18, 1997, any operator of an existing facility who submits an application 34 package to the EA, pursuant to §21570, which proposes to change the facility's 35 operations, or to change the SWFP shall do one of the following: 36 (1) Submit the updated information as an amendment to the existing JTD along with, 37 a JTD index as described in ¶(c), referencing the new or updated information; or 38 (2) Submit a complete JTD as described in §21600 along with a JTD index as 39 described in subsection (c). 40 (b) After July 18, 1997, any operator of a new facility that submits an application 41 package to the EA pursuant to §21570, shall submit a complete JTD pursuant to 42 §21600, and an index of the topics addressed in the JTD to be used by the EA as 43 described in ¶(c). 44 2022/06/14 City Council Post Agenda Page 608 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 123 of 127 November 2020 (c) As of July 18, 1997, the operator shall include with the JTD a copy of an index 1 specifically for use by the EA. The page number or the first line number within the JTD 2 which addresses the topic shall be noted next to that topic in the index. The EA shall 3 make available to the operator either in hard copy and/or on magnetic media an 4 electronic copy a JTD index listing, (Index found in Appendix 2) showing each topic 5 which the JTD must address to provide the EA with relevant facility information for 6 writing or revising the facility permit. 7 (d) These requirements do not apply to those facilities which have filed a ROWD or 8 RDSI and application for SWFP prior to July 18, 1997. In the event the EA determines 9 the application package for an RDSI first submitted prior to the effective date of these 10 regulations to be incomplete, additional information requested shall be submitted as part 11 of the RDSI and/or application for SWFP, as appropriate. 12 Note: 13 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 14 Reference: Sections 42652.5, 43000-45082, Public Resources Code and Section 15 39730.6, Health and Safety Code. 16 Article 3: CIWMBCalRecycle—Enforcement Agency (EA) 17 Requirements 18 §21650. CIWMBCalRecycle--EA Processing Requirements. (T14:§18203) 19 (a) Upon its receipt, the EA shall stamp the application package with the date of receipt. 20 The EA shall examine the application package to determine whether it meets the 21 requirements of §21570. If the EA finds the package meets the requirements of §21570, 22 the application package shall be accepted and stamped with the date of acceptance. 23 Notwithstanding any other provision of this division, the application package shall be 24 deemed filed on the date of acceptance. 25 (b) The EA shall either accept or reject the application package within thirty days of its 26 receipt. 27 (c) Within five days of filing, the EA shall notify the CIWMBCalRecycle, and the RWQCB 28 if applicable, of its determination. The EA shall submit as its notification to the CIWMB 29 CalRecycle a copy of the accepted application form. The EA shall also forward a copy 30 of the application form to the RWQCB if applicable. 31 (d) If the EA determines that the application package does not meet the requirements of 32 §21570, it shall reject and not file the application, and it shall, within five days of 33 determination, so notify the applicant, the CIWMB CalRecycle, and the RWQCB if 34 applicable, enumerating the grounds for rejection. The EA shall include in its notification 35 to the CIWMB CalRecycle a copy of the rejected application form. The application 36 package, together with the notice of rejection, shall be kept in the EA's file. 37 (e) After acceptance of an application for a new or revised full solid waste facilities 38 permit as complete and correct and within 60 days of receipt of the application by the 39 EA, the EA shall notice and conduct an informational meeting as required by §§21660.2 40 and 21660.3. For modified solid waste facilities permits, the EA shall provide notice as 41 required by §21660.3 after finding the permit application complete and correct and 42 within 60 days of receipt of the application by the EA. 43 2022/06/14 City Council Post Agenda Page 609 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 124 of 127 November 2020 (f) Upon request of the applicant, the EA may accept an incomplete application 1 package. As a condition of acceptance, the operator and the EA shall waive the 2 statutory time limit contained in Public Resources Code §44009. [Note: Section 21580 is 3 the section for processing the applicant’s waiver of timeframes and timing for noticing 4 and holding an informational meeting after the EA deems a previously submitted 5 incomplete package to be complete.] The EA shall notify the applicant within 30 days if 6 the applicant's request for review under this subsection has been accepted. If the 7 application package does not conform with the requirements of §21570 within 180 days 8 from the date of the EA agreeing to accept the package as incomplete the EA shall 9 reject the application package, pursuant to ¶(d). If the EA finds the application package 10 meets the requirements of §21570, the application package shall be accepted pursuant 11 to ¶(c). 12 (g) No later than 60 days after the application package has been accepted as complete 13 and correct and after conducting an informational meeting if required by §§21660.2 and 14 21660.3, the EA shall mail to the CIWMB CalRecycle the following: 15 (1) A copy of the proposed solid waste facilities permit; 16 (2) The accepted application package; 17 (3) A certification from the EA that the solid waste facilities permit application 18 package is complete and correct, including a statement that the RFI meets the 19 requirements of §21600, 14 CCR §§17863, 17863.4, 17346.5, 18221.6, 18223.5, or 20 18227. 21 (4) Documentation, if applicable, of the applicant's compliance with any RWQCB 22 enforcement order or the status of the applicant's WDRs, as described in Public 23 Resources Code §44009; 24 (5) Any written public comments received on a pending application and a summary of 25 comments received at the informational meeting, responses to any public comments, 26 and, where applicable, any other steps taken by the EA relative to those comments. 27 Subsequent to the transmittal of the proposed solid waste facilities permit, the EA 28 shall, within five (5) days of receipt, provide a copy of any additional written public 29 comments and response to comments to the CIWMBCalRecycle. 30 (6) A solid waste facilities permit review report which has been prepared pursuant to 31 §21675, within the last five years. 32 (7) EA finding that the proposed solid waste facilities permit is consistent with and is 33 supported by existing CEQA analysis, or information regarding the progress toward 34 CEQA compliance. 35 (h) At the time the EA submits the proposed solid waste facilities permit to the 36 CIWMBCalRecycle, the EA shall submit a copy of the proposed solid waste facilities 37 permit to the applicant, the RWQCB if applicable, and any person so requesting in 38 writing. The copy of the proposed solid waste facilities permit provided to the applicant 39 shall also be accompanied by a form for request for hearing, which the applicant may 40 use to obtain a hearing before a hearing panel or hearing officer to challenge any 41 condition in the solid waste facilities permit. In cases where a hearing panel or hearing 42 officer may be requested, the EA shall notify the CIWMB CalRecycle within seven days 43 of being noticed by the operator. 44 (i) The proposed solid waste facilities permit shall contain the EA's conditions. The 45 proposed solid waste facilities permit shall not contain conditions pertaining solely to air 46 2022/06/14 City Council Post Agenda Page 610 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 125 of 127 November 2020 or water quality, nor shall the conditions conflict with conditions from WDRs issued by 1 the RWQCB. 2 [Note: The process to obtain a full solid waste facilities permit might not include the 3 RWQCB if the facility is other than a landfill or disposal site. Therefore, EA submittals of 4 forms and documents to the RWQCB will be made if applicable to the type of facility. 5 When writing conditions pursuant to 21650(i) the EA shall take into consideration PRC 6 §44012, which requires the EA to ensure that primary consideration is given to 7 protecting public health and safety and preventing environmental damage, and the long-8 term protection of the environment. The EA may also take into consideration other 9 permits, entitlements and approvals when writing terms and conditions (e.g., conditional 10 use permit, zoning, Air Pollution Control District/Air Quality Management District permits 11 to construct and operate, Department of Toxic Substances Control hazardous waste 12 facility permit, Department of Fish and GameWildlife permits, Coastal Commission 13 approvals, Army Corps of Engineers permit, Federal Aviation Administration notification, 14 and other required local and county ordinances/permits)] 15 Note: 16 Authority cited: Sections 40502 and 43020, Public Resources Code. 17 Reference: Sections 40055, 42652.5, and 43000-45802, Public Resources Code and 18 Section 39730.6, Health and Safety Code. 19 §21660.2. Informational Meeting for New and Revised Full Solid Waste Facilities 20 Permit Applications. 21 (a) EA shall conduct an informational meeting for all new and revised full solid waste 22 facilities permit applications as determined by §21665. The EA shall hold an 23 informational meeting on an application for a new full solid waste facilities permit or an 24 application for a full solid waste facilities permit revision required under this article. The 25 EA may require the operator(s) of the facility or facilities that are the subject of the 26 informational meeting to pay all costs incurred by the EA in connection with the meeting. 27 The informational meeting may be combined with another public meeting in which the 28 EA participates that meets the criteria as specified in §§21660.2(b) and 21660.2(c). 29 (b) The informational meeting shall be held after acceptance of the application package 30 as complete and correct by the EA and within 60 days of receipt of the application by 31 the EA. The EA shall submit to the Board CalRecycle a copy of the informational 32 meeting notice at time of issuance. The Board CalRecycle shall post the notice on its 33 web site as a way to further inform the public. 34 (c) The informational meeting shall meet the following criteria: 35 (1) The meeting shall be held in a suitable location not more than one (1) mile from 36 the facility that is the subject of the meeting; if no suitable and available location 37 exists within one (1) mile of the facility, as determined by the EA, the EA may 38 designate an alternative suitable location that is as close to the facility and affected 39 disadvantaged communities as reasonably practical. 40 (2) The meeting shall be held on a day and at a time that the EA determines will 41 enable attendance by residents, especially those of affected disadvantaged 42 communities, living in the vicinity of the facility that is the subject of the meeting. 43 2022/06/14 City Council Post Agenda Page 611 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 126 of 127 November 2020 (3) EAs may undertake additional measures to increase public notice and to 1 encourage attendance by any persons who may be interested in the facility that is the 2 subject of the meeting, including which may include, but not be limited to, additional 3 posting at the facility entrance, noticing beyond 300 feet if the nearest residence or 4 business is not within 300 feet of the site, posting in a local newspaper of general 5 circulation, and multilingual notice and translation and, multiple meeting dates, times 6 and locations. 7 (d) The EA may substitute a previous public meeting or hearing for the requirements in 8 this Section pursuant to §21660.4 if the applicant does not object. 9 (e) For the purposes of this section “affected disadvantaged communities” means 10 communities identified by the California Environmental Protection Agency pursuant to 11 Section 39711 of the Health and Safety Code as disadvantaged that are located within 12 one mile of the facility. 13 Note: 14 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 15 Reference: Sections 42652.5, 43103, 43213, 44004, and 44012, Public Resources 16 Code and Section 39730.6, Health and Safety Code. 17 Article 3.2. CIWMBCalRecycle—Other Requirements 18 19 §21695. CalRecycle—Organic Disposal Reduction Status Impact Report. 20 (a) Operators of a solid waste landfills shall submit a Status Impact Report (SIR) to 21 CalRecycle that provides an analysis of the potential impacts to the landfill resulting 22 from the implementation of the organic disposal reduction requirements of Public 23 Resources Code §Section 42652.5. 24 (b) The SIR shall be prepared by a California licensed civil engineer or licensed 25 engineering geologist. 26 (c) The SIR shall describe the potential impacts to the landfill including the expected 27 timing of the impacts. The analysis shall include, but not be limited to, changes to the 28 following: 29 (1) Site development; 30 (2) Waste types/volumes; 31 (3) Daily and intermediate cover and beneficial use: 32 (A) For intermediate cover the analysis shall also include: 33 1. A description and/or map of the area(s) that have or will have intermediate 34 cover. 35 2. The length of time that the intermediate cover has been used and expected 36 time that it will be used for each defined area. 37 3. A description of how the intermediate cover will be maintained to continue to 38 meet the control criteria of Section 20700(a). 39 4. Information on all instantaneous surface readings for methane of 500 ppmv 40 or greater in the area(s) of intermediate cover that has or will be in place for 41 more than 12 months. 42 2022/06/14 City Council Post Agenda Page 612 of 636 Department of Resources SLCP Regulations Recycling and Recovery Page 127 of 127 November 2020 i. This information shall be as reflected in the most recent annual report filed 1 pursuant to 17 CCR Section 95470(b)(3). 2 ii. The location of each such exceedance shall be identified consistent with 3 the monitoring requirements of 17 CCR Section 95469(a)(1)(A). 4 (4) Volumetric capacity based on the disposal site experiencing a reduction of 5 organic waste disposal of 50 percent by 2020 and 75 percent by 2025; 6 (5) Waste handling methods; 7 (6) Gas control and monitoring systems; 8 (7) Gas generation; 9 (8) Operation and closure design (individual cells and overall site geometry); 10 (9) Final grading plan; 11 (10) Site life estimate; 12 (11) Ancillary facilities; 13 (12) Cost estimates for closure and postclosure; and 14 (13) Financial assurance mechanisms for closure, postclosure, and non-water 15 corrective action requirements. 16 (d) The SIR shall be submitted to CalRecycle no later than one year (365 days) from the 17 effective date of this regulation. 18 (e) Within 30 days of receipt of a SIR, CalRecycle shall make a determination as to the 19 completeness of the SIR based on the requirements of Subdivisions (b) and (c). If a SIR 20 is determined to be incomplete, CalRecycle shall provide to the operator, in writing, the 21 reasons for the determination. 22 (f) For a SIR determined to be incomplete, the operator shall submit a revised SIR 23 addressing any enumerated deficiencies within 30 days of receipt of notice from 24 CalRecycle of an incomplete SIR. 25 (g) Within 60 days of a determination of completeness, CalRecycle shall submit its 26 findings to the EA regarding amendments, if any, to the Joint Technical Document as a 27 result of the SIR. 28 (1) If amendments are required, the EA shall direct the operator to submit an updated 29 Joint Technical Document including updated closure and postclosure maintenance 30 plans that includes the information from the SIR. 31 (2) The EA shall notify the operator within 30 days of receipt of CalRecycle’s findings. 32 (h) Within 120 days of being directed by the EA, pursuant to Subdivision (g), the 33 operator shall submit to the EA an updated Joint Technical Document including updated 34 closure and postclosure maintenance plans that includes the information from the SIR. 35 Note: 36 Authority cited: Sections 40002, 40502 and 43020, Public Resources Code. 37 Reference: Sections 42652.5, 43103 and 44015, Public Resources Code, and Section 38 39730.6, Health and Safety Code. 39 40 2022/06/14 City Council Post Agenda Page 613 of 636 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE RESULTS OF THE PUBLIC PROTESTS AND PUBLIC HEARING AND APPROVING THE NEW AND ADJUSTED RATES FOR ORGANIC WASTE COLLECTION SERVICES TO COMPLY WITH STATE ORGANIC WASTE REGULATIONS WITH CORRESPONDING AMENDMENTS TO THE CITY’S MASTER FEE SCHEDULE WHEREAS, in 2014, the City of Chula Vista (City) and Republic Services entered into an amended and restated solid waste and recycling franchise agreement to provide solid waste collection services to all residential and commercial properties in Chula Vista (the “Franchise”); and WHEREAS, Senate Bill 1383 (SB 1383) was signed into law establishing methane emissions reduction targets of short-lived climate pollutants and requiring all jurisdictions in the State to establish new organic waste collection programs that divert the disposal of organic waste into landfills; and WHEREAS, on September 14, 2021, the City Council, via City Council Resolution No. 2021-077, conditionally approved a request from Republic Services for proposed new and adjusted rates for organic waste collection services mandated by SB 1383 for residential and commercial properties, and directed staff to conduct the proceedings necessary to implement the proposed rates; and WHEREAS, notices of the public hearing to consider the proposed new and adjusted rates were sent to record owners of real property and Republic Services customers of record in the City of Chula Vista, as provided for in Government Code section 53755 and as required by Article 13D, section 6 of the California Constitution (a copy of the notice is attached to this resolution as Exhibit “A” and is incorporated herein as though set forth in full); and WHEREAS, the notices of public hearing provided information to record owners of real property and Republic Services customers of record in the City of Chula Vista on how to submit a protest for the proposed new and adjusted rates for organic waste collection services; and WHEREAS, on June 14, 2022, at a regular meeting of the City Council, the City Council conducted a public hearing to consider the new and adjusted rates for organic waste collection services for residential and commercial properties and all protests received relative thereto; and WHEREAS, at the hearing, the City Council was provided with a staff report recommending approval of the new and adjusted rates and heard testimony (if any) for and against the proposed new and adjusted rates; and WHEREAS, copies of all written protests were before the City Council and the final tally of written protests received by the City Clerk from owners of real property and other persons entitled to submit protests was less than a majority of record of owners of real property; and 2022/06/14 City Council Post Agenda Page 614 of 636 WHEREAS, the City Council received and considered all duly submitted written protests as to the proposed new and adjusted rates for organic waste collection services; and WHEREAS, California Government Code section 53756 permits the adoption of a schedule of fees authorizing automatic adjustments that pass through to property-relates service rates for a period not to exceed five years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. The City Council has considered all protests received and accepts the results of the public hearing duly held on June 14, 2022. 2. The City Council approves new and adjusted rates for organic waste collection services for residential and commercial customers in amounts not to exceed the maximum rates set forth in Exhibit B to this Resolution. 3. The City Council approves the automatic Consumer Price Index (CPI) adjustments to these maximum rates for a period not to exceed five years in the manner and to the extent authorized by the Amended and Restated Solid Waste and Recycling Franchise Agreement between the City of Chula Vista and Republic Services and California Government Code section 53756. 4. The City Council authorizes and directs the City Manager to amend the City’s Master Fee Schedule in accordance with the terms of this Resolution. Presented by Approved as to form by Eric C. Crockett Glen R. Googins Deputy City Manager City Attorney 2022/06/14 City Council Post Agenda Page 615 of 636 2022/06/14 City Council Post Agenda Page 616 of 636 2022/06/14 City Council Post Agenda Page 617 of 636 Exhibit B Not to exceed maximum rate adjustment for new food waste and other organic waste collection and processing program to cover the costs of compliance with State regulation SB 1383. All proposed new rates below are subject to yearly increase based on regional Consumer Price Index per section 7.4 of the amended and restated solid waste collection and recycling franchise agreement between the City of Chula Vista and Republic Services, Inc. Proposed rates for all Chula Vista small quantity generator customers: Proposed new rates for all Chula Vista multifamily customers: Service Description New rates after the proposed rate adjustment Residential multifamily bin service for properties with 9 units or more Recycling charge per unit $5.74 per unit Recycling and green waste charge per unit $5.74 per unit Proposed new service rates for commercial food waste collection: Food waste per container quantity and service frequency proposed pricing Container Quantity 64-gal commercial food waste cart cost 2-yrd commercial food waste bin cost 1 container $99.49 $187.51 2 containers $147.40 $257.08 3 containers $195.32 $326.65 4 containers $243.23 $396.22 5 containers $291.14 $465.80 6 containers $339.05 $535.37 Service collection Frequency 1 day per week $99.49 $187.51 2 days per week $198.98 $375.01 3 days per week $397.96 $750.03 4 days per week $795.92 $1,500.05 5 days per week $1,591.85 $3,000.10 Proposed adjustment per level of service* New rate plus increase 32-gal trash cart service $2.79 per month $21.16 per month 64-gal trash cart service $3.61 per month $27.40 per month 96-gal trash cart service $4.26 per month $32.27 per month *Rate includes collection of trash, mixed recycling, and mixed organics. Service Description Current Rates Rates After Proposed Price Adjustment Residential Multi-family bin service for 6 to 9 units (with City approval) Recycling only - charge per unit (in addition to the trash rate) $2.83 $5.74 Recycling and green waste charge per unit (in addition to the trash rate) $4.63 $5.74 2022/06/14 City Council Post Agenda Page 618 of 636 From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov> Sent: Wednesday, December 29, 2021 10:59 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: City of Chula Vista: City Clerk Contact Us - Web Notification A new entry to a form/survey has been submitted. Form Name: City Clerk Date & Time: 12/29/2021 10:58 PM Response #: 647 Submitter ID: 101785 IP address: 68.7.3.197 Time to complete: 11 min. , 13 sec. Survey Details Page 1 Please feel free to contact us with any comments or questions by filling out the form below. First Name Norell Last Name Martinez Email Address norell777@gmail.com Comments To the Mayor of Chula Vista and City Council Members, I urge you to support the Republic staking workers and put pressure on Republic to support their demands. The city has a contract with Republic but it is not satisfactory that the City makes sure trash is picked up by scabs during the strike. Instead City of Chula Vista officials should put pressure on Republic to make sure that their contract workers come back to work as soon as possible with their demands met. These workers are members of our own community, they are mostly Latino men from working class backgrounds, many are immigrants. If City officials care about their community, both in regards to sanitation and health, which these workers ensure, but also in regards to justice, good working conditi ons, and economic opportunities, then City officials must step up and support the demands of these workers! Thank you, City of Chula Vista This is an automated message generated by Granicus. Please do not reply directly to this email. Warning: External Email Item 7.1 - Written Communications Martinez mailto:webmaster@chula vistaca.gov mailto:webmaster@chula vistaca.gov mailto:CityClerk@chula vistaca.gov mailto:norell777 @gmail.com 2022/06/14 City Council Post Agenda Page 619 of 636 From: Ignacio De La Torre < Sent: Saturday, June 11, 2022 9:28 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Support of Items 5.3 and 7.1 - Organics Recycling Warning: External Email June 10, 2022 Honorable Mayor and City Councilmembers City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Support of Items 5.3 and 7.1 - Organics Recycling Dear Mayor Casillas Salas and City Councilmembers, I write in support of Items 5.3 and 7.1, known generally as Organics Recycling. We are a family which has made investments at our Chula Vista home in items that we believe have a positive effect on the environment. We added solar panels to reduce our electricity consumption and we replaced our front yard grass area with a xeriscape landscaping to reduce water consumption. They came at a cost but we were willing to bear the cost because we think it is an investment that improves our environment. We see organics recycling in the same manner. Notwithstanding the fact that the state of California requires this change, it is one that will improve the manner is which waste is handled. Such an improvement allows Chula Vista to continue to serve as a leader in the state Thank you for your consideration. Ignacio De La Torre Items 5.3 and 7.1 - De La Torre Written Communications 2022/06/14 City Council Post Agenda Page 620 of 636 PUBLIC HEARING PROPOSED ADJUSTMENT IN SOLID WASTE & RECYCLING COLLECTION SERVICES June 14, 2022 Manuel Medrano, Environmental Services Manager 2022/06/14 City Council Post Agenda Page 621 of 636 Jurisdiction Responsibilitie s per SB1383 PITCH DECK •Provide Organics Collection Services to Residential and Commercial Properties •Conduct Education and Outreach to Community •Monitor Compliance and Conduct Enforcement •Procure Recyclable and Recovered Organic Products* •Establish Edible Food Recovery Program* 2022/06/14 City Council Post Agenda Page 622 of 636 CLIMATE BENEFITS 3 •40% reduction in methane levels by 2030 •Landfills were the largest methane emitters in the state •In California, the state estimates that “organics like food scraps, yard trimmings, paper, and cardboard” are half of landfill volume •77.4 million tons of waste generated during 2020 ended up in landfills •Carbon Neutrality 2022/06/14 City Council Post Agenda Page 623 of 636 SOLUTION 4 Republic Services –Assisting the City meet compliance •Composting facilities at the Otay Landfill •Purchase and deliver 15,000 carts, additional trucks and 3,000 commercial food waste bins •Kitchen “caddies” for residential customers •Dedicated Recycling Coordinator for Chula Vista to complement City efforts -education and compliance efforts •Provide compost at no cost for City projects* •$50,000 per year for Food Rescue organizations*2022/06/14 City Council Post Agenda Page 624 of 636 DEPLOYME NT •Residential properties •Commercial food waste/organic waste generators •Compliance waivers for commercial properties available 1. No/low generation 2. Space limitations 2022/06/14 City Council Post Agenda Page 625 of 636 Jurisdiction Review •Conduct joint inspections with jurisdictions •Review Implementation Record Notices of Violation •Corrective Action Plan •Substantial Effort: Does not include failure to meet obligations (rates) CALRECYCLE OVERSIGHT Oversee and Monitor •SB 1383: A more prescriptive approach and state minimum standards •SB1383 enforcement to focus on compliance assistance first, dedicate enforcement to serious offenders. STATE ENFORCEMENT 2022/06/14 City Council Post Agenda Page 626 of 636 HISTORY OF PROPOSED NEW AND ADJUSTED RATES •Republic requested increase to rates •Council conditionally approved proposed maximum rates and directed staff to conduct public hearing •Staff sent out public hearing notice (included rates,methodology, protest procedures) 20XX 72022/06/14 City Council Post Agenda Page 627 of 636 •Council conduct the public hearing •Receive tabulated results of protests •If written protests less than a majority, adopt the resolution accepting the results, approving the proposed rates •Approve an update to the City’s Master Fee Schedule STAFF RECOMMENDATI ON 2022/06/14 City Council Post Agenda Page 628 of 636 2022/06/14 City Council Post Agenda Page 629 of 636 COUNCIL REFERRAL: REPUBLIC SERVICES CONTRACT EVALUATION Options: Section 3.1 Term Franchise term….shall terminate on June 30, 2024 Section 3.2 Extension of Initial Term by City or Republic Republic shall have the option to extend the term for an additional seven(7) year period on the same terms and conditions….Provided that the City Manager reasonably determines that Republic: •Has satisfactorily performed; and •Is in full compliance with this franchise and applicable law; and •Has the ability to perform its obligations under this franchise during the extended term 2022/06/14 City Council Post Agenda Page 630 of 636 Mapping the Process Action Expected timeline Republic Notification to the City January 2, 2024 (180 days from June 30, 2024) City Manager determination after notification from Republic 30 –60 Days Council report and direction to staff 60 Days If Council directs to implement solicitation process 1-2 years 2022/06/14 City Council Post Agenda Page 631 of 636 2022/06/14 City Council Post Agenda Page 632 of 636 2022/06/14 City Council Post Agenda Page 633 of 636 2022/06/14 City Council Post Agenda Page 634 of 636 2022/06/14 City Council Post Agenda Page 635 of 636 2022/06/14 City Council Post Agenda Page 636 of 636