HomeMy WebLinkAboutOrdinance 384 SB 1383 Implementation OrdinanceORDINANCE NO.384
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING A MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
ORDINANCE IN COMPLIANCE WITH SENATE BILL 1383
The City Council of the City of Saratoga finds that:
1. Pursuant to Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
the State of California has adopted regulations to reduce organics in landfills as a source
of methane. The regulations place requirements on multiple entities including cities,
counties, special districts, residential households, Commercial Businesses and business
owners, Multi -Family property owners or managers, Commercial Edible Food
Generators, haulers, Self -Haulers, Food Recovery Organizations, and Food Recovery
Services to support achievement of Statewide Organic Waste disposal reduction targets.
2. The Senate Bill 1383 Regulations require cities, counties, and special districts that
provide Solid Waste collection services jurisdictions to adopt and enforce an ordinance or
enforceable mechanism to implement relevant provisions of the regulations. The
ordinance adopting this Article satisfies that requirement and will also help reduce food
insecurity by requiring Commercial Edible Food Generators to arrange to have the
maximum amount of their Edible Food, that would otherwise be disposed, be recovered
for human consumption.
3. Saratoga is a member of the West Valley Solid Waste Management Authority
(WVSWMA), a joint powers agency providing solid waste management services to
Saratoga, Campbell, Los Gatos, and Monte Sereno through a franchise agreement with an
exclusive hauler. WVSWMA will be administering and enforcing this ordinance on
behalf of the City although the City remains ultimately responsible for compliance with
the SB 1383 Regulations.
4. The City Council of the City of Saratoga held a duly noticed public hearing on November
3, 2021, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as follows:
A. Article 7-05 ("Garbage Disposal") is amended as set forth in Attachment 1.
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Page 2
B. Article 17.10 ("Mandatory Organic Waste Disposal Reduction") is adopted as set forth in
Attachment 2.
C. Conforming amendments to various provisions of the Code are made as set forth in
Attachment 3.
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section,
sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would
have a de minimis impact on the environment.
- Continued on next page —
Ordinance 384
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Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 3rd day of November, 2021 and
was adopted by the following vote on November 17, 2021.
AYES: Council Members Bernald, Fitzsimmons, Kumar, Vice Mayor Walia, Mayor
Zhao
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED.
Yan Zhao
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE: ld _�7_ ,�L
Britt Avrit, MMC
CITY CLERK
APPROVED AS TO FORM:
DATE: N-2 212')
Richard Taylor
CITY ATTORNEY
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Exhibit 1
Amendments to Saratoga Municipal Code Article 7-05 — Garbage Disposal
The provisions of Saratoga Municipal Code Article 7-05 set forth below are amended or adopted
as follows:
Text added to existing provisions is shown in bold double -underlined text (exam 1 and
text to be deleted in shown in strikethrough (ems). Text in italics is explanatory and
is not an amendment to the Code except in cases where it directs renumbering of
subsections not otherwise amended.
Article 7-05
DISCARDED MATERIAL GARBAGE DISPOSAL
7-05.010 Purpose of Article.
This Article is determined and declared to be a health, sanitary and safety measure
necessary for the promotion, protection and preservation of the health, safety and general welfare
of the people of the City.
7-05.020 Definitions.
For the purposes of this Article, the terms used in this Article shall have the meanings set
forth in Article 17-10f llo 'lllrt words and phfases shall h e the e t 1V11V YY
s,.ribe,a to them by this Seel e , unless the context or the provision clearly requires otherwise.
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Ordinance 384
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7-05.030 Mandatory Discarded Material garage collection service; owner responsibility.
All residents. property owners and businesses shall comply with the Mandatory Organic
Waste Disposal Reduction ordinance set forth in Article 17-10
NOW. OEM 1
Ordinance 384
Page 6
7-05.050 0� Frequency of disposal.
No more than one week's accumulation of gage Discarded Materials shall be kept or
permitted to remain upon any premises in the City. At least once a week, all Discarded
Materials gauge produced, kept, deposited, placed or accumulated upon any premises in the
City shall be disposed of in accordance with the p,,evisiens of this Article 17-10.
7-05.070050 Garbage Discarded Material containers.
(a) All gar-ba;,,t- Discarded Material containers shall be kept in a sanitary condition,
continuously closed with a tight fitting cover.
(e) No gauge containers shall be placed at curbside or other location visible to the public prior
to 12:00 noon on the day preceding the day on which garbage the contents of the
container are is scheduled to be picked up by the Garbage r^"eetor, and all garbage
containers shall be removed from the curbside or other location visible to the public not
later than 12:00 noon on the day following the day on which the contents of the container
has been picked up by the Garbage r^lleete Exclusive Hauler.
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(dg) Except during the period of time specified in Paragraph (el) of this Section, no garbage
containers may be placed, kept or stored within any front yard or exterior side yard and all
garbage -containers shall be fully screened from public view by a structure, fence, wall or
landscaping.
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7-05.090060 Burning solid waste.
No solid waste material Discarded Materials may be burned upon any premises within the
City, except as specifically authorized by a permit issued by the Bay Area Air Pollution Control
District and as permitted by the chief of the fire district within which the premises is located.
7-05.100070 Public property.
No person shall deposit, accumulate, store or burn any type of garbage Discarded
Materials upon public streets, public parks or other public property, except for -garbage ass
produced incident to the authorized use of such public property which shall be deposited in
garbage designated containers for collection . iek „p by the Garbage Gelleete
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7-05.290080 Unauthorized garbage collection of Discarded Material .
No person shall collect any garbage Discarded Material produced, kept or accumulated
within the City, unless such person is an agent or employee of the City acting within the course
and scope of his employment, or is the Exclusive Hauler has been ,,.,.ardea ., rr mehise by the
City to ae4 as Garbage Gellecte .
7-05.300 090 Interfering with garbage collection ser-viee of Discarded Material.
No person shall, in any manner, interfere with the performance of gage Discarded
Material collection services being rendered by an agent or employee of the City acting within
the course and scope of his employment, or being rendered by the authorized Garbage re"ee*er
Exclusive Hauler. The "e"f rmanee a Performing or retaining a third party to perform any
such gafbage collection service by a person who is not the -authorized Garbage r^"e^*^" shall
constitute a violation of this Section.
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7-05.310100Unauthorized deposit of gauge -Discarded Material .
(a) It shall be unlawful to deposit, place or accumulate, or allow the deposit, placement or
accumulation upon a premises for pick up by the Exclusive Hauler Garbage Gelleete , any
garbage Discarded Material produced from another premises where such action results in
the avoidance or reduction of any garbage collection service charges that would otherwise
be payable for collection of such garbs Discarded Material from the premises at which it
was produced.
(b) It shall be unlawful to deposit or place any gafbage Discarded Material into a garbage
ean, bier, container or dumpster for pick up by the Garbage Golfe for Exclusive Hauler,
without permission to do so from the person owning, renting or otherwise entitled to use
such receptacle.
(c) It shall be unlawful to deposit or place any garbage Discarded Material upon any public
or private premises without permission to do so from the owner or legal occupant of such
premises.
7-05.2A11Q Violations of Article; infraction offense.
The violation of any provision contained in this Article is hereby declared to be unlawful
and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in
Chapter 3 and Article 17-10 of this Code.
- End of Attachment 1 -
Ordinance 384
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Exhibit 2
Adoption of Article 17.10 to the Saratoga Municipal Code
Article 17-10 Mandatory Organic Waste Disposal Reduction
7-10.05 Purpose of Article
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000, et seq., as
amended, supplemented, superseded, and replaced from time to time), requires cities and
counties to reduce, reuse, and recycle (including composting) Solid Waste generated in
their city to the maximum extent feasible before any incineration or landfill disposal of
waste, to conserve water, energy, and other natural resources, and to protect the
environment.
(b) State recycling law, Assembly Bill 341 of 2011 (amending Sections 41730, 41731, 41734,
41735, 41736, 41800, 42926, 44004, and 50001 of, and adopting Sections 40004, 41734.5,
and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30
of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements on
Commercial and Multi -Family property owners to arrange for recycling services and on
local governments to implement a Commercial and Multi -Family Solid Waste recycling
program.
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of
the State of California on September 28, 2014, which added Chapter 12.9 (commencing
with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to
Solid Waste, as amended, supplemented, superseded, and replaced from time to time),
requires Commercial Businesses and Multi -Family property owners or managers that
generate a specified threshold amount of Organic Waste per week to arrange for recycling
services for that Organic Waste; requires cities to implement a recycling program to divert
Organic Waste from Commercial Businesses and Multi -Family premises subject to the law;
and requires cities to report to CalRecycle on their progress in implementing an Organic
Waste recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to
develop regulations to reduce organics in landfills as a source of methane. The regulations
place requirements on multiple entities including cities, counties, special districts,
residential households, Commercial Businesses and business owners, Multi -Family
property owners or managers, Commercial Edible Food Generators, haulers, Self -Haulers,
Food Recovery Organizations, and Food Recovery Services to support achievement of
Statewide Organic Waste disposal reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires cities,
counties, and special districts that provide Solid Waste collection services jurisdictions to
adopt and enforce an ordinance or enforceable mechanism to implement relevant
provisions of SB 1383 Regulations. The ordinance adopting this Article satisfies that
requirement and will also help reduce food insecurity by requiring Commercial Edible
Food Generators to arrange to have the maximum amount of their Edible Food, that would
otherwise be disposed, be recovered for human consumption.
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(f) This Article shall take effect January 1, 2022.
7-10.010 Definitions.
(a) "California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references in this Article are preceded with a number that refers to the
relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
(b) "CalRecycle" means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on cities, counties, special districts, and other regulated
entities.
(c) "City" means the City of Saratoga, California, a political subdivision of the State of
California, and its duly authorized representatives.
(d) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-
stock company, corporation, or association, whether for -profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling with five or more units, or as
otherwise defined in 14 CCR Section 18982(a)(6); with the exception that Multi -Family is
excluded from this definition. A Multi -Family Residential Dwelling that consists of fewer
than five (5) units is not a Commercial Business for purposes of implementing this Article.
(e) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined in this Article 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).
(f) "Community Composting" means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total
amount of feedstock and Compost on -site at any one time does not exceed 100 cubic yards
and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined
by 14 CCR Section 18982(a)(8).
(g) "Compliance Review" means a review of records by the City to determine compliance with
this Article.
(h) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of
the effective date of this Article, that "Compost" means the product resulting from the
controlled biological decomposition of organic Solid Wastes that are Source Separated
from the municipal Solid Waste stream, or which are separated at a centralized facility.
(i) "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the
ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section
18984.1(a)(1)(A) or 18984.2(a)(1)(C).
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(j) "Container Contamination" or "Contaminated Container" means a container, regardless of
color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR
Section 18982(a)(55).
(k) "County" means the County of Santa Clara, California.
(1) "County Agency Enforcement Official" means an authorized designee of the County of
Santa Clara in the Public Health Department or other departments who is/are partially or
whole responsible for enforcing this Article.
(m) "Customer" means the person who receives the collection contractor's services and to
whom the contractor/City submits its billing invoice to and collects payment from for
collection services provided to a premises. The Customer may be either the occupant,
owner, or property manager of the premises, as allowed under the City Code.
(n) "C&D" means construction and demolition debris.
(o) "Designee" means an entity that the City contracts with or otherwise arranges to carry out
any of the City's responsibilities of this Article as authorized in 14 CCR Section 18981.2.
A Designee may be a government entity, a hauler, a private entity, or a combination of
those entities.
(p) "Discarded Materials" means Recyclable Materials, Organic Materials, and Solid Waste
discarded by a generator for the purposes of collection and/or Self -Hauling, excluding
Excluded Waste.
(q) "Edible Food" means food intended for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For the purposes of this Article 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 Article 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.
(r) "Enforcement Action" means an action of the City or Regional Agency to address non-
compliance with this Article including, but not limited to, issuing administrative citations,
fines, penalties, or using other remedies.
(s) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive
waste, and toxic substances or material that facility operator(s), which receive materials
from the City and its Generators, reasonably believe(s) would, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law,
regulation, or ordinance, including: land use restrictions or conditions, waste that cannot
be disposed of in Class III landfills or accepted at the facility by permit conditions, waste
that in City's, its Designee's, or Regional Agency's reasonable opinion would present a
significant risk to human health or the environment, cause a nuisance or otherwise create
or expose the City, its Designee, or Regional Agency's to potential liability; but not
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including de minimis volumes or concentrations of waste of a type and amount normally
found in Single -Family or Multi -Family Solid Waste after implementation of programs for
the safe collection, processing, recycling, treatment, and disposal of batteries and paint in
compliance with Sections 41500 and 41802 of the California Public Resources Code.
Excluded Waste does not include used motor oil and filters, and household batteries when
such materials are defined as allowable materials for collection through the City's
collection programs and the Generator or Customer has properly placed the materials for
collection pursuant to instructions provided by City, Regional Agency, or Exclusive Hauler
for collection services.
(t) "Exclusive Hauler" means" means the collection contractor that has been granted the
exclusive rights to collect Recyclable Materials, Organic Materials, Solid Waste, and
C&D in the City through the agreement entered into by the collection contractor and the
Regional Agency").
(u) "Food Distributor" means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section
18982(a)(22).
(v) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
(w) "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).
(x) "Food Recovery Organization" means an entity that engages in the collection or receipt of
Edible Food from Commercial Edible Food Generators and distributes that Edible Food to
the public for Food Recovery either directly or through other entities or as otherwise
defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and
Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Article and implementation of 14 CCR, Division 7, Chapter 12 pursuant
to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs
from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this
Article.
(y) "Food Recovery Service" means a person or entity that collects and transports Edible Food
from a Commercial Edible Food Generator to a Food Recovery Organization or other
entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A
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Food Recovery Service is not a Commercial Edible Food Generator for the purposes of
this Article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
(z) "Food Scraps" means those discarded materials that will decompose and/or putrefy
including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is
generated during or results from the storage, preparation, cooking or handling of food
stuffs; (iii) discarded paper (including paper containers and cartons) that is contaminated
with Food Scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and
fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable
organic waste common to the occupancy of Residential dwellings. Food Scraps are a subset
of Organic Waste. Food Scraps excludes fats, oils, and grease when such materials are
Source Separated from other Food Scraps.
(aa) "Food Service Provider" means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on
contractual arrangements with these types of organizations, or as otherwise defined in 14
CCR Section 18982(a)(27).
(bb) "Food -Soiled Paper" is compostable paper material that has come in contact with food or
liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins,
pizza boxes, and milk cartons.
(cc) "Food Waste" includes Food Scraps and Food -Soiled Paper, and includes Compostable
Plastics, unless City, its Designee, Regional Agency, or Exclusive Hauler excludes
Compostable Plastics in the Organic Materials Containers.
(dd) "Generator" means any person whose act first causes discarded materials to become subject
to regulation under this Article of the City Code or under federal, State, or local laws or
regulations.
(ee) "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches and
dead trees (not more than three (3) inches in diameter), garden and tree fruits and
vegetables, and similar materials generated and Source Separated from other materials at
the Premises.
(ff) "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a
bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
(gg) "Hauler Route" means the designated itinerary or sequence of stops for each segment of
the City's collection service area, or as otherwise defined in 14 CCR Section
18982(a)(31.5).
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(hh) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average Mixed Waste organic content Recovery rate of 50 percent between January
1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated
pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste
organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise
defined in 14 CCR Section 18982(a)(33).
(ii) "Inspection" means a site visit where a City, its Designee, or Regional Agency reviews
records, containers, and an entity's collection, handling, recycling, or landfill disposal of
Organic Waste or Edible Food handling to determine if the entity is complying with
requirements set forth in this Article, or as otherwise defined in 14 CCR Section
18982(a)(35).
6j) "City Enforcement Official" means the city manager, or other executive in charge or their
authorized Designee(s) who is/are partially or whole responsible for enforcing the Article.
See also "Regional or County Agency Enforcement Official".
(kk) "Large Event" means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf
course, street system, or other open space when being used for an event. If the definition
in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this Article.
(11) "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 Article and implementation of 14 CCR, Division 7,
Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately
owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic
center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground,
museum, theater, or other public attraction facility. For purposes of this Article 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 Article.
(mm) "Local Education Agency" means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to Solid
Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
(nn) "Multi -Family Residential Dwelling" or "Multi -Family" means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi -Family premises do not
include hotels, motels, or other transient occupancy facilities, which are considered
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Commercial Businesses. Residential premises with fewer than five (5) dwelling units shall
be considered Single -Family.
(oo) "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR,
Division 2, Chapter 2.7.
(pp) "Non-Compostable Paper" includes, but is not limited to, paper that is coated in a plastic
material that will not breakdown in the composting process, or as otherwise defined in 14
CCR Section 18982(a)(41).
(qq) "Non -Local Entity" means the following entities that are not subject to the Jurisdiction's
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City, including the Saratoga
Fire Protection District, West Valley Sanitary District, and Cupertino Sanitary
District.
(2) Federal facilities and State agencies located within the boundaries of the City.
(5) Public universities (including community colleges) located within the boundaries
of the City, including the West Valley Community College District.
(rr) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a
compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR
Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(ss) "Organic Materials" means Green Waste, Food Waste, lumber, and wood waste.
(tt) "Organic Materials Container" has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of Source Separated Organic
Materials.
(uu) "Organic Waste" means Solid Wastes containing material originated from living organisms
and their metabolic waste products, including but not limited to food, green material,
landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products,
Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise
defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR
Section 18982(a).
(vv) "Organic Waste Generator" means a person or entity that is responsible for the initial
creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(ww) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or
as otherwise defined in 14 CCR Section 18982(a)(51).
(xx) "Printing and Writing Papers" include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
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manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(yy) "Prohibited Container Contaminants" means the following: (i) discarded materials placed
in the Recyclable Materials Container that are not identified as acceptable Source
Separated Recyclable Materials for the City's Recyclable Materials Container; (ii)
discarded materials placed in the Organic Materials Container that are not identified as
acceptable Source Separated Organic Materials for the City's Organic Materials Container;
(iii) discarded materials placed in the Solid Waste Container that are acceptable Source
Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in
City's Organic Materials Container and/or Recyclable Materials Container; and, (iv)
Excluded Waste placed in any container.
(zz) "Recovered Organic Waste Products" means products made from California, landfill -
diverted recovered Organic Waste processed in a permitted or otherwise authorized
facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(aaa) "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).
(bbb) "Recyclable Materials" means the following materials:
(1) Metals: aerosol cans, aluminum foil, aluminum pans, beverage cans, can lids, car
parts, doors and screens, electrical motors, food/soup cans, furniture, hangers, keys,
lids/caps, nuts and bolts, paint cans, pet food cans, pipes, plumbing fixtures, pots
and pans, propane tanks, scrap metal, screws and nuts, sporting goods, tools, toys,
umbrellas, and utensils;
(2) E-Waste: appliances, calculators, cameras, cell phones, computer mice, computer
tower, cords, DVD players, DVRs, fax machines, inkjet toner cartridges,
keyboards, microwaves, pagers, PDAs, printers, radios, scanners, stereos,
telephones, and VCRs, but not including items imbedded with batteries;
(3) Paper: Paper products, Printing and Writing Paper, aseptic packaging, books,
carbonless paper, cardboard, catalogs, cereal boxes, coffee cups, colored paper,
computer paper, construction paper, coupons, egg cartons, envelopes, frozen food
boxes, gift wrap, juice boxes, junk mail, magazines, mailers, milk cartons,
newspapers (including inserts), office paper, paper bags, paper cups / plates,
photographs, pizza boxes, shoe boxes, shredded paper, telephone books, and tissue
paper;
(4) Plastic: auto parts, baby wipe containers, baskets, beverage bottles, bleach/
detergent bottles, buckets, coffee cup lids, coolers, crates, disposable razors, flower
pots, food containers, furniture, hangers, household cleaner bottles, mouthwash
bottles, pet carriers, HDPE pipes, plastics (numbers 1 - 7), prescription bottles,
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shampoo bottles, shelving, squeeze bottles, swimming pools, take-out containers,
toys;
(5) Film Plastics: bread bags, bubble wrap, cellophane bags, dry cleaning bags, frozen
food bags, newspaper bags, pallet wrap, plastic liners, plastic wrap, produce bags,
and shrink wrap;
(6) Glass: beverage bottles, broken glass, dishware, food jars, windows, and wine
bottles; and
(7) Miscellaneous: textiles, and used oil and used oil filters.
(ccc) "Recyclable Materials Container" has the same meaning as in 14 CCR Section
18982.2(a)(5) and shall be used for the purpose of storage and collection of Source
Separated Recyclable Materials.
(ddd) "Recycled -Content Paper" means Paper Products and Printing and Writing Paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined
in 14 CCR Section 18982(a)(61).
(eee) "Regional Agency" means the West Valley Solid Waste Management Authority. .
(fff) "Regional Agency Enforcement Official" means a designated enforcement official from
the Regional Agency or other regional or county agency, designated by the City with
responsibility for enforcing this Article in conjunction or consultation with Jurisdiction
Enforcement Official.
(ggg) "Remote Monitoring" means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of Recyclable Materials Containers, Organic
Materials Containers, and Solid Waste Materials Containers for purposes of identifying the
quantity of materials in containers (level of fill) and/or presence of Prohibited Container
Contaminants.
(hhh) "Renewable Gas" means gas derived from Organic Waste that has been diverted from a
California landfill and processed at an in -vessel digestion facility that is permitted or
otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14
CCR Section 18982(a)(62).
(iii) "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).
(jjj) "Route Review" means a visual Inspection of containers along a Hauler Route for the
purpose of determining Container Contamination, and may include mechanical Inspection
methods such as the use of cameras, or as otherwise defined in 14 CCR Section
18982(a)(65).
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(kkk) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
(111) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of
this Article, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle that created 14 CCR, Division 7, Chapter 12 and amended
portions of regulations of 14 CCR and 27 CCR.
(mmm) "Self -Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable
material they have generated to another person. Self -hauler also includes a person who
back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul
means generating and transporting Organic Waste to a destination owned and operated by
the Generator using the Generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A). Self -hauler also includes a landscaper.
(nnn) "Single -Family" means of, from, or pertaining to any residential premises with fewer than
five (5) units.
(000) "Solid Waste" has the same meaning as defined in State Public Resources Code Section
40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, abandoned vehicles and parts thereof, discarded home
and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is
not hazardous waste, manure, vegetable or animal solid and semi -solid wastes, and other
discarded solid and semisolid wastes, with the exception that Solid Waste does not include
any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter
8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health
and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste
landfill, as defined in State Public Resources Code Section 40195.1. Medical waste
that has been treated and deemed to be Solid Waste shall be regulated pursuant to
Division 30 of the State Public Resources Code.
(ppp) "Solid Waste Materials Container" has the same meaning as in 14 CCR Section
18982.2(a)(28) and shall be used for the purpose of storage and collection of Solid Waste.
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(qqq) "Source Separated" means materials, including commingled recyclable materials, that have
been separated or kept separate from the Solid Waste stream, at the point of generation, for
the purpose of additional sorting or processing those materials for recycling or reuse in
order to return them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards necessary to be used in
the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the
purposes of this Article, Source Separated shall include separation of materials by the
Generator, property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of collection such that Source
Separated materials are separated from Solid Waste for the purposes of collection and
processing.
(rrr) "Source Separated Organic Materials means Source Separated Organic Materials that can
be placed in an Organic Materials Container that is specifically intended for the separate
collection of Organic Waste.
(sss) "Source Separated Recyclable Materials" means Source Separated Recyclables Materials
that can be placed in a Recyclable Materials Containers that is specifically intended for the
separate collection of Recyclable Materials. Source Separated Recyclable Materials.
(ttt) "State" means the State of California.
(uuu) "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).
(vvv) "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.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall
apply to this Article.
(www) "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.
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(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.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall
apply to this Article.
(xxx) "West Valley Clean Water Authority" means the stormwater pollution prevention authority
for the cities of Campbell, Monte Sereno, Saratoga, and the town of Los Gatos.
(yyy) "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).
7-10.015 Single -Family Requirements
(a) Owners, occupants, or property managers of Single -Family premises, except those that that
meet the Self -Hauler requirements in Section 7-10.045 of this Article shall subscribe to the
Regional Agency's Recyclable Materials, Organic Materials, and Solid Waste collection
services for all Recyclable Materials, Organic Materials, and Solid Waste generated as
described below in subsection (b). City, its Designee, or Regional Agency shall have the
right to review the number and size of Recyclable Materials Containers, Organic Materials
Containers, and Solid Waste Containers to evaluate adequacy of capacity provided for each
type of collection service for proper separation of materials and containment of materials;
and, the owner, occupant, or property manager of the Single -Family premises shall adjust
its service level for its collection services as requested by the City, its Designee, or
Regional Agency.
(b) Generators at Single -Family premises shall participate in the Regional Agency's
Recyclable Materials, Organic Materials, and Solid Waste collection service(s) by placing
designated materials in designated containers as described below, and shall not place
Prohibited Container Contaminants in collection containers.
(c) Generators at Single -Family premises shall place Source Separated Organic Materials,
including Food Waste, in the Organic Materials Container; Source Separated Recyclable
Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste
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Container and shall not place materials designated for the Solid Waste Container into the
Recyclable Materials Container or Organic Materials Container.
7-10.020 Commercial and Multi -Family Requirements
(a) Commercial Businesses and Multi -Family Residential Dwellings shall comply with the
following requirements:
(1) Subscribe to Regional Agency's Recyclable Materials, Organic Materials, and
Solid Waste collection services and comply with requirements of those services as
described below in subsection (b), except Commercial Businesses and Multi -
Family Residential Dwellings that meet the Self -Hauler requirements in Section 7-
10.045 of this Article. City, its Designee, or Regional Agency shall have the right
to review the number and size of a Commercial Business's or Multi -Family
Residential Dwellings' Recyclable Materials Containers, Organic Materials
Containers, and Solid Waste containers and frequency of collection to evaluate
adequacy of capacity provided for each type of collection service for proper
separation of materials and containment of materials; and, owner, occupant, or
property manager of Commercial Businesses and Multi -Family Residential
Dwellings shall adjust their service level for their collection services as requested
by the City, its Designee, or Regional Agency.
(2) Except Commercial Businesses and Multi -Family Residential Dwellings that meet
the Self -Hauler requirements in Section 7-10.045 of this Article, participate in the
Regional Agency's Recyclable Materials, Organic Materials, and Solid Waste
collection service(s) by placing designated materials in designated containers.
Commercial and Multi -Family Generators shall place Source Separated Organic
Materials, including Food Waste, in the Organic Materials Container; Source
Separated Recyclable Materials in the Recyclable Materials Container; and Solid
Waste in the Solid Waste Containers and shall not place materials designated for
the Solid Waste Container into the Organic Materials Container or Recyclable
Materials Container.
(3) Supply and allow access to an adequate number, size, and location of collection
containers with sufficient labels or colors (conforming with subsections (d)(1) and
(d)(2) below) for employees, contractors, tenants, and customers, consistent with
Regional Agency's Recyclable Materials, Organic Materials, and Solid Waste
collection service or, if self -hauling, in a manner to support its compliance with its
self -haul program, in accordance with Section 7-10.045 of this Article.
(4) Annually provide information to employees, contractors, tenants, and customers
about Organic Waste Recovery requirements and about proper sorting of Source
Separated Organic Materials and Source Separated Recyclable Materials.
(5) Provide education information before or within fourteen (14) days of occupation of
the premises to new tenants that describes requirements to keep Source Separated
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Organic Materials and Source Separated Recyclable Materials separate from Solid
Waste and the location of containers and the rules governing their use at each
property.
(6) Provide or arrange access for City, its Designee, or Regional Agency to their
properties during all Inspections conducted in accordance with this Article to
confirm compliance with the requirements of this Article.
(7) Accommodate and cooperate with any Remote Monitoring program for Inspection
of the contents of containers for Prohibited Container Contaminants, if
implemented by City its Designee, or Regional Agency to evaluate Generator's
compliance with Section 7-10.025(b). The Remote Monitoring program may
involve installation of Remote Monitoring equipment on or in the Recyclable
Materials Containers, Organic Materials Containers, and Solid Waste Materials
Containers.
(8) At Commercial Business's or Multi -Family Residential Dwelling's option and
subject to any approval required from the City, its Designee, or Regional Agency,
implement a Remote Monitoring program for Inspection of the contents of its
Recyclable Materials Containers, Organic Materials Containers, and Solid Waste
Materials Containers for the purpose of monitoring the contents of containers to
determine appropriate levels of service and to identify Prohibited Container
Contaminants. Generators may install Remote Monitoring devices on or in the
Recyclable Materials Containers, Organic Materials Containers, and Solid Waste
Materials Containers subject to written notification to or approval by the City, its
Designee, or Regional Agency.
(9) If a Commercial Business or Multi -Family Residential Dwelling wants to self -haul,
meet the Self -Hauler requirements in Section 7-10.045 of this Article.
(b) Commercial Businesses shall also comply with the following requirements:
(1) Provide containers for the collection of Source Separated Organic Materials and
Source Separated Recyclable Materials in all indoor and outdoor areas where
containers for Solid Waste are provided for customers, for materials generated by
that Commercial Business. Such containers do not need to be provided in
restrooms. If a Commercial Business does not generate any of the materials that
would be collected in one type of container, then the Commercial Business does
not have to provide that particular container in all areas where solid waste
containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the
containers provided by the Commercial Business shall have either:
(i) A body or lid that conforms with the container colors provided through the
collection service provided by Regional Agency, with either lids
conforming to the color requirements or bodies conforming to the color
requirements or both lids and bodies conforming to color requirements. A
Commercial Business is not required to replace functional containers,
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including containers purchased prior to January 1, 2022, that do not comply
with the requirements of the subsection prior to the end of the useful life of
those containers, or prior to January 1, 2036, whichever comes first.
(ii) Existing containers shall be clearly marked with educational signage
indicating the appropriate material types to be placed in each container in
accordance with requirements of the Regional Agency's collection
program. Commencing January 1, 2022, new containers shall have
container labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited in that
container, or containers with imprinted text or graphic images that indicate
the primary materials accepted and primary materials prohibited in the
container pursuant 14 CCR Sections 18984.8 and 18984.9.
(2) To the extent practical through education, training, Inspection, and/or other
measures, shall prohibit employees from placing materials in a container not
designated for those materials per the Regional Agency's Recyclable Materials,
Organic Materials, and Solid Waste collection service or, if self -hauling, in a
manner to support its compliance with its self -haul program, in accordance with
Section 7-10.045.
(3) Periodically inspect Recyclable Materials Containers, Organic Materials
Containers, and Solid Waste Materials Containers for contamination and inform
employees if containers are contaminated and of the requirements to keep
contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(4) For Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators, comply with Food Recovery requirements, pursuant to Section 7-
10.030.
(c) Nothing in this Section prohibits a Generator from preventing or reducing waste
generation, managing Organic Waste on site, or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
7-10.025 Waivers for Residential and Commercial Generators
(a) De Minimis Waivers. The Regional Agency may waive a Commercial Business' or Multi -
Family Residential Dwellings' obligation to comply with some or all of the Recyclable
Materials or Organic Materials requirements of this Article if the Commercial Business or
Multi -Family Residential Dwellings provides documentation that it generates below a
certain amount of Recyclable Materials and Organic Materials as described in subsection
(a)(2) below. Commercial Businesses or Multi -Family Residential Dwellings requesting a
de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from
and provide documentation as noted in subsection (a)(2) below.
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(2) Provide documentation that either:
(A) The Commercial Business' or Multi -Family Residential Dwellings' total
Solid Waste collection service is two cubic yards or more per week and
Organic Waste subject to collection in a Recyclable Materials Container
and/or Organic Materials Container comprises less than 20 gallons per week
per applicable container of the Commercial Business's or Multi -Family
Residential Dwellings' total waste; or,
(B) The Commercial Business' or Multi -Family Residential Dwellings' total
Solid Waste collection service is less than two cubic yards per week and
Organic Waste subject to collection in a Recyclable Materials Container
and/or Organic Materials comprises less than 10 gallons per week per
applicable container of the Commercial Business's or Multi -Family
Residential Dwellings' total waste.
(3) Notify Regional Agency if circumstances change such that Commercial Business's
or Multi -Family Residential Dwelling's Organic Waste exceeds threshold required
for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years, if
Regional Agency has approved de minimis waiver.
(b) Physical Space Waivers. Regional Agency may waive a Commercial Business's or Multi -
Family Residential Dwelling's or property owner's obligations to comply with some or all
of the Recyclable Materials and/or Organic Waste collection service requirements if the
Regional Agency has evidence from its own staff, the Exclusive Hauler, a licensed
architect, or a licensed engineer demonstrating that the premises lacks adequate space for
the collection containers required for compliance with the Organic Waste collection
requirements of Section 7-10.020.
A Commercial Business or Multi -Family Residential Dwelling owner or property
owner may request a physical space waiver through the following process:
(1) Submit an application form to Regional Agency specifying the type(s) of collection
services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Recyclable
Materials Containers and/or Organic Materials Containers including
documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to Regional Agency that it is still eligible for physical
space waiver every five years, if Regional Agency has approved application for a
physical space waiver.
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7-10.030 Commercial Edible Food Generator Requirements
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this
Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators
must comply commencing January 1, 2024 pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators providing food service shall comply with
requirements of this Section, commencing January 1, 2024. Large Venue or Large Event
operators not providing food services, but allowing for food to be provided by others, shall
require Food Facilities operating at the Large Venue or Large Event to comply with the
requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations
or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery;
or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator
self -hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a
Food Recovery Organization or a Food Recovery Service.
(4) Allow City's or Regional Agency's designated enforcement entity or designated
third party enforcement entity to access the premises and review records pursuant
to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in
14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or
receives its Edible Food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self -hauled to the Food
Recovery Service or Food Recovery Organization.
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(iii) The established frequency that food will be collected or self -hauled.
(iv) The quantity of food, measured in pounds recovered per month,
collected or self -hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.
(d) Tier One Commercial Edible Food Generators shall submit Food Recovery Reports, as
defined below, to the to the City, its Designee, or Regional Agency, upon request,
according to the following schedule:
(1) On or before August 1, 2022, Tier One Commercial Edible Food Generators shall
submit a Food Recovery Report for the period of January 1, 2022 through June 30,
2022.
(2) On or before May 1, 2023, and on or before May 1st each year thereafter, Tier One
Commercial Edible Food Generators shall submit a Food Recovery Report for the
period covering the entire previous calendar year.
(e) Tier Two Commercial Edible Food Generators shall submit Food Recovery Reports, as
defined below, to the to the City, its Designee, or Regional Agency, upon request,
according to the following schedule:
(1) On or before May 1, 2025, and on or before May 1 st each year thereafter, Tier Two
Commercial Edible Food Generators shall submit a Food Recovery Report for the
period covering the entire previous calendar year.
(f) Food Recovery Reports submitted by Tier One and Tier Two Commercial Edible Food
Generators shall include the following information:
(1) The name and address of the Commercial Edible Food Generator;
(2) The name of the person responsible for the Commercial Edible Food Generator's
edible food recovery program;
(3) A list of all contracted Food Recovery Services or Food Recovery Organizations
that collect Edible Food from the Commercial Edible Food Generator;
(4) The total number of pounds of Edible Food, per year, donated through a contracted
Food Recovery Organization or Food Recovery Service.
(g) Nothing in this Article shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan
Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017
(approved by the Governor of the State of California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title
2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
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relating to food safety, as amended, supplemented, superseded and replaced from time to
time).
7-10.035 Requirements for Food Recovery Organizations and Services
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible
Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization
that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established under
14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified
by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial Edible
Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that
the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services shall inform Generators about
California and Federal Good Samaritan Food Donation Act protection in written
communications, such as in their contract or agreement established under 14 CCR Section
18991.3(b).
(d) Food Recovery Organizations and Food Recovery Services that have their primary address
physically located in the City and contract with or have written agreements with one or
more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall
submit Food Recovery Reports, as defined below, to the to the City, its Designee, or
Regional Agency, upon request, according to the following schedule:
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(1) On or before August 1, 2022, Food Recovery Organizations and Food Recovery
Services shall submit a Food Recovery Report for the period of January 1, 2022
through June 30, 2022.
(2) On or before May 1, 2023, and on or before May 1st each year thereafter, Food
Recovery Organizations and Food Recovery Services shall submit a Food Recovery
Report for the period covering the entire previous calendar year.
(e) Food Recovery Reports submitted by Food Recovery Services or Organizations shall
include the following information:
(1) Total pounds of Edible Food recovered in the previous calendar year from Tier
One and Tier Two Edible Food Generators they have established a contract or
written agreement with pursuant to 14 CCR Section 18991.3(b).
(2) Total pounds of Edible Food recovered in the previous calendar year from the Tier
One and Tier Two Commercial Edible Food Generators they have established a
contract or written agreement with within Santa Clara County.
(f) In order to support Edible Food Recovery capacity planning assessments or other studies
conducted by the County, City, its Designee, or Regional Agency, Food Recovery Services
and Food Recovery Organizations operating in the City shall provide information and
consultation to the City or Regional Agency, upon request, regarding existing, or proposed
new or expanded, Food Recovery capacity that could be accessed by the City and its
Commercial Edible Food Generators. A Food Recovery Service or Food Recovery
Organization contacted by the City, its Designee, or Regional Agency shall respond to such
request for information within 60 days, unless another timeframe is otherwise specified by
the City or Regional Agency.
7-10.040 Hauler and Facility Operator Requirements
(a) Requirements for Haulers
(1) The Exclusive Hauler providing Single-family, Multi -family Residential
Dwellings, and Commercial Recyclable Materials, Organic Waste, C&D, and Solid
Waste collection services to Generators within the City's boundaries shall meet the
following requirements and standards as a condition of approval of a contract,
agreement, or other authorization with the Regional Agency to collect Source
Separated Recyclable Materials, Source Separate Organic Materials, C&D, and
Solid Waste:
(A) Transport:(i) Source Separated Recyclable Materials to a facility that
recovers Recyclable Materials; (ii) Source Separated Organic Materials to
a facility, operation, activity, or property that recovers Organic Waste as
defined in 14 CCR, Division 7, Chapter 12, Article 2; and (iii) Solid Waste
to a Disposal facility;
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(B) All facilities referenced above shall be approved by the Regional Agency
through the Exclusive Hauler's collection agreement with the Regional
Agency.
(2) The Exclusive Hauler authorized to collect Source Separated Recyclable Materials,
Source Separated Organic Materials, and Solid Organic Waste shall comply with
education, equipment, signage, container labeling, container color, contamination
monitoring, reporting, and other requirements contained within its franchise
agreement entered into by the Exclusive Hauler and the Regional Agency.
(b) Requirements for Facility Operators and Community Composting Operations.
(1) Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in -vessel digestion facilities, and
publicly -owned treatment works shall, upon City or Regional Agency request,
provide information regarding available and potential new or expanded capacity at
their facilities, operations, and activities, including information about throughput
and permitted capacity necessary for planning purposes. Entities contacted by the
City or Regional Agency shall respond within 60 days.
7-10.045 Self -Hauler Requirements
(a) Self -Haulers shall Source Separate all Recyclable Materials and Organic Waste (materials
that City, Regional Agency, or Exclusive Hauler otherwise requires Generators to separate
for collection in the Regional Agency's Recyclable Materials and Organic Materials
collection program) generated on -site from Solid Waste in a manner consistent with 14
CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste that is mixed with Solid
Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR
Section 18984.3.
(b) Self -Haulers shall haul their Source Separated Recyclable Materials to a facility that
recovers those materials; and haul their Source Separated Organic Materials to a Solid
Waste facility, operation, activity, or property that processes or recovers Source Separated
Organic Waste. Alternatively, Self -Haulers may haul Organic Waste that is mixed with
Solid Waste to a High Diversion Organic Waste Processing Facility.
(c) Self -Haulers that are owners or property managers of Commercial Businesses and Multi -
Family Residential Dwellings shall keep a record of the amount of Recyclable Materials
and Organic Waste delivered to each Solid Waste facility, operation, activity, or property
that processes or recovers Recyclable Materials Organic Waste; this record shall be subject
to Inspection by the City, its Designee, or Regional Agency. The records shall include the
following information which shall be provided to City, its Designee, or Regional Agency
upon request:
(1) Delivery receipts and weight tickets from the entity accepting the Recyclable
Materials, Organic Waste, or Solid Waste.
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(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 Recyclable Materials, Organic Waste, or Solid Waste.
(d) A Single -Family Generator that self -hauls Recyclable Materials, Organic Waste, or Solid
Waste is not required to record or report information in subsection (c), above.
7-10.050 Non -Local Entities and Local Education Agency Requirements
(a) Non -Local Entities and Local Education Agencies shall comply with requirements 14 CCR
Chapter 12, Article 5 to prevent and reduce and disposal the generation of Organic Waste.
(b) Local Education Agencies with on -site Food Facility shall comply with Food Recovery
requirements of Section 7-10.030 of this Article.
7-10.060 Inspections and Investigations by City
(a) Representatives of City, its Designee, and the Regional Agency are authorized to conduct
Inspections and investigations, at random or otherwise, of any collection container,
collection vehicle loads, or transfer, processing, or disposal facility for materials collected
from Generators, or Source Separated materials to confirm compliance with this Article by
Single -Family Generators, Commercial Businesses, Multi -Family Residential Dwellings,
property owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food
Recovery Services, and Food Recovery Organizations, and other entities regulated
hereunder subject to applicable laws. This Section does not allow City to enter the interior
of a private residential property for Inspection. For the purposes of inspecting Commercial
Business and Multi -Family Residential Dwellings containers for compliance with Section
7-10.020(b) of this Article, City may conduct container Inspections for Prohibited
Container Contaminants using Remote Monitoring, and Commercial Businesses and
Multi -Family Residential Dwellings shall accommodate and cooperate with the Remote
Monitoring pursuant to Section 7-10.020 of this Article.
(b) Any person subject to this Article shall provide or arrange for access during all Inspections
(with the exception of residential property interiors) and shall cooperate with the City's, its
Designee's, or Regional Agency's representative during such Inspections and
investigations. Such Inspections and investigations may include confirmation of proper
placement of materials in containers, Edible Food Recovery activities, records, or any other
requirement of this Article described herein. Failure to provide or arrange for: (i) access
to an entity's premises; (ii) installation and operation of Remote Monitoring equipment
(optional); or (ii) access to records for any Inspection or investigation is a violation of this
Article and may result in penalties described.
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(c) Any records obtained by the City, its Designee, or Regional Agency during its Inspections,
Remote Monitoring, and other reviews shall be subject to the requirements and applicable
disclosure exemptions of the Public Records Act as set forth in Government Code Section
6250 et seq.
(d) City representatives, its Designee representative, and/or Regional Agency representatives
are authorized to conduct any Inspections, Remote Monitoring, or other investigations as
reasonably necessary to further the goals of this Article, subject to applicable laws.
(e) City and Regional Agency shall receive written complaints from persons regarding an
entity that may be potentially non -compliant with SB 1383 Regulations, including receipt
of anonymous complaints.
7-10.070 Enforcement
(a) Violation of any provision of this Article shall constitute grounds for issuance of a Notice
of Violation and assessment of a fine by a Jurisdiction Enforcement Official or
representative or Regional Agency Enforcement Official or representative. Enforcement
Actions under this Article are issuance of an administrative citation and assessment of a
fine. The City's or Regional Agency's procedures on imposition of administrative fines are
hereby incorporated in their entirety, as modified from time to time, and shall govern the
imposition, enforcement, collection, and review of administrative citations issued to
enforce this Article and any rule or regulation adopted pursuant to this Article, except as
otherwise indicated in this Article.
(b) Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. City or Regional Agency may pursue civil actions in the
California courts to seek recovery of unpaid administrative citations. City or Regional
Agency may choose to delay court action until such time as a sufficiently large number of
violations, or cumulative size of violations exist such that court action is a reasonable use
of City or Regional Agency staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Article may be undertaken by the Jurisdiction
Enforcement Official, which may be the City manager or their designated entity,
legal counsel, or combination thereof.
(2) Enforcement may also be undertaken by a Regional Agency Enforcement Official
or County Agency Enforcement Official, designated by the City, in consultation
with Jurisdiction Enforcement Official.
(A) Jurisdiction Enforcement Official(s) (and Regional Agency Enforcement
Official or County Agency Enforcement Official, if designated by the City)
will interpret this Article; determine the applicability of waivers, if
violation(s) have occurred; implement Enforcement Actions; and,
determine if compliance standards are met.
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(B) Jurisdiction Enforcement Official(s) (and Regional Agency Enforcement
Office or County Agency Enforcement Official, if designated by the City)
may issue Notices of Violation(s).
(d) Process for Enforcement
(1) Jurisdiction Enforcement Officials or Regional Agency Enforcement Office or
County Enforcement Officials and/or their Designee will monitor compliance with
this Article randomly and through Compliance Reviews, Route Reviews,
investigation of complaints, and an Inspection program (that may include Remote
Monitoring). Section 7-10.060 establishes City's right to conduct Inspections and
investigations.
(2) City or Regional Agency Enforcement Office or County Enforcement Officials
may issue an official notification to notify regulated entities of its obligations under
this Article.
(3) For incidences of Prohibited Container Contaminants found in containers, City or
Regional Agency Enforcement Office or County Enforcement Officials will issue
a Notice of Violation to any Generator found to have Prohibited Container
Contaminants in a container. Such notice will be provided via a cart tag or other
communication immediately upon identification of the Prohibited Container
Contaminants. If the City, Regional Agency, or Exclusive Hauler observes
Prohibited Container Contaminants in a Generator's containers on more than three
(3) consecutive occasion(s), the City, Regional Agency, or Exclusive Hauler may
assess contamination processing fees or contamination penalties on the Generator.
(4) With the exception of violations of Generator contamination of container contents
addressed under Section 7-10.070(d)(3), City or Regional Agency Enforcement
Office or County Enforcement Officials shall issue a Notice of Violation requiring
compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, City or Regional Agency Enforcement Office or County Enforcement
Officials shall commence an action to impose penalties, via an administrative
citation and fine in accordance with the Saratoga Municipal Code.
(6) Notices shall be sent to "owner" at the official address of the owner maintained by
the tax collector for the City or if no such address is available, to the owner at the
address of the dwelling or Commercial property or to the parry responsible for
paying for the collection services, depending upon available information.
(e) Penalty Amounts for Types of Violations
The penalty levels are as follows:
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(1) For a first violation, the amount of the base penalty shall be $50 to $100 per
violation.
(2) For a second violation, the amount of the base penalty shall be $100 to $200 per
violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to
$500 per violation.
(f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each
violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s).
(2) The violator's ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter.
(5) Evidence of any economic benefit resulting from the violation(s).
(6) The deterrent effect of the penalty on the violator.
(7) Whether the violation(s) were due to conditions outside the control of the violator.
(g) Compliance Deadline Extension Considerations
The City or Regional Agency Enforcement Office or County Enforcement Officials may
extend the compliance deadlines set forth in a Notice of Violation issued in accordance
with this Section if it finds that there are extenuating circumstances beyond the control of
the respondent that make compliance within the deadlines impracticable, including the
following:
(1) Major regional unforeseen circumstances such as earthquakes, wildfires, flooding,
and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals;
or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery
capacity and the City is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process
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Page 39
Persons receiving an administrative citation containing a penalty for an uncorrected
violation may request a hearing to appeal the citation. A hearing will be held only if it is
requested within the time prescribed and consistent with City's procedures in the City's
codes for appeals of administrative citations. Evidence may be presented at the hearing.
The City will appoint a hearing officer who shall conduct the hearing and issue a final
written order.
(i) Education Period for Non -Compliance
Beginning January 1, 2022 and through December 31, 2023, City, its Designee, or
Regional Agency will conduct Inspections, Remote Monitoring, Route Reviews or waste
evaluations, and Compliance Reviews, depending upon the type of regulated entity, to
determine compliance, and if City, its Designee, or Regional Agency determines that
Organic Waste Generator, Self -Hauler, hauler, Tier One Commercial Edible Food
Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in
compliance, it shall provide educational materials to the entity describing its obligations
under this Article and a notice that compliance is required by January 1, 2022 and
that violations may be subject to administrative civil penalties starting on January 1,
2024.
(j) Civil Penalties for Non -Compliance
Beginning January 1, 2024, if the City or Regional Agency Enforcement Office or
County Enforcement Officials determines that an Organic Waste Generator, Self -Hauler,
hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance with this
Article, it shall document the noncompliance or violation, issue a Notice of Violation,
and take Enforcement Action pursuant to this Section, as needed.
Ordinance 384
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Exhibit 3
Saratoga Municipal Code Conforming Amendments for
Mandatory Organic Waste Disposal Reduction Ordinance
The provisions of the Saratoga Municipal Code set forth below are amended or adopted as
follows:
Text to be deleted in shown in strikethrough (ems). Text in italics is explanatory
and is not an amendment to the Code.
1. Article 4-05 - Definition of Recycler
2. Article 4-65 — Permits for Rec clers
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