HomeMy WebLinkAboutOrdinance 400, as presented Adopting WVSWMA Code Amendments ORDINANCE NO. 400
AN ORDINANCE AMENDING ARTICLES 7-05 (DISCARDED MATERIAL
DISPOSAL) AND 17-10 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION)
AND ADOPTING ARTICLE 17-15 (CONSTRUCTION AND DEMOLITION DEBRIS
DIVERSION) OF THE SARATOGA CITY CODE
The City Council of the City of Saratoga hereby ordains as follows:
Findings
1. The City of Saratoga wishes to amend and adopt certain provisions of the City Code
concerning discarded material disposal, mandatory organic waste disposal reduction, and
construction and demolition debris diversion in order to conform with the policies and
practices of the West Valley Solid Waste Management Authority.
2. The City Council held a duly noticed public hearing on April 17, 2024, 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 amended as set forth in Attachment A. Text to be added is indicated in
bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in
strikeout font (e.g., stri-l ). Text in standard font is readopted by this ordinance. Text in italics
(e.g., italics) is descriptive only and is not part of the amendments to the City Code.
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
Ordinance 400
Page 2
to CEQA. In this circumstance the amendments to the existing City Code address only
administration of the waste disposal system and would have a de minimis impact on the
environment.
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 17th day of April, 2024and was
adopted by the following vote on May 1, 2024
AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR
AFTAB, MAYOR ZHAO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Yan , Mayor
ATTEST:
t
Britt.Avrit, MMC, City Clerk
APPROVED AS TO FORM:
4 DATE: 2 ��
Richard Taylor
CITY ATTORNEY
Ordinance 400
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ATTACHMENT A
Chapter 7
HEALTH AND SANITATION
Article 7-05 DISCARDED MATERIAL AND C&D DEBRIS 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-
10, unless the context or the provision clearly requires otherwise.
7-05.030 Mandatory discarded material collection service.
All residents, property owners,and businesses shall comply with the Mandatory Organic Waste Disposal
Reduction ordinance set forth in Article 17-10.
7-05.040 Frequency of disposal.
No more than one week's accumulation of discarded materials shall be kept or permitted to remain upon any
premises in the City.At least once a week, all discarded materials produced, kept, deposited, placed or
accumulated upon any premises in the City shall be disposed of in accordance with Article 17-10.
7-05.050 Discarded material and C&D debris containers.
(a) All discarded material containers shall be kept in a sanitary condition, continuously closed with a tight fitting
cover.
(b) No discarded materials container 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 the contents of the container are scheduled to be picked
up, and all 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 discarded materials container
has been picked up by the exclusive hauler.
(c) Except during the period of time specified in Paragraph (b) of this Section, no discarded materials container
may be placed, kept or stored within any front yard or exterior side yard and all containers shall be fully
screened from public view by a structure,fence,wall or landscaping.
(d) No discarded materials container shall be placed in any manner such that the container impedes normal,
unobstructed vehicular traffic,but may be placed in bike plans pursuant to section 7-05.100. _public
transportation,pedestrian,or wheelchair access to public rights-of-way.
(e) All C&D debris shall be containerized in roll-off containers.Such containers shall be kept in a suitable
location upon such premises,readily accessible to the collector.C&D debris containers shall not be placed
on a public right-of-way or private alley.
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7-05.060 Burning riallid warite discarded materials or C&D debris.
No discarded materials or C&D debris 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.
7-05.070 Public property.
No person shall deposit, accumulate,store or burn any type of discarded materials or C&D debris upon
public streets, public parks or other public property, except as produced incident to the authorized use of such
public property which shall be deposited in designated containers for collection.
7-05.080 Unauthorized collection of discarded material or C&D debris.
(a) The exclusive hauler shall have the sole and exclusive right for discarded materials collection services
provided for in this code for all residential,multi-family,and commercial businesses located within the
City,with the following exceptions:
1) Collection and transport of recyclable materials and organic materials other than edible food
that have been source separated from solid waste by the generator and that:(i)generator
sells or donates to any other person,provided that there is no net payment made by the
generator to such other person:or.(ii)have a value equal to or more than the cost of
collection.
(2) Commercial business owner or resident may collect and transport discarded materials for
processing generated in or on their own premises with their own vehicle. However.the owner
or resident shall be required to subscribe to and pay for the minimum required level of
discarded materials collection service provided by the exclusive hauler.
3 Any items that are source separated at any premises by the generator and sold or donated to
other persons,including youth,civic,or charitable organizations.
4) Edible food that is collected from a generator by other person(s),such as a person from a food
recovery organization or food recovery service,for the purposes of food recovery,or that is
transported by the generator to another person(s),such as a person from a food recovery
organization,for the purposes of food recovery,regardless of whether the generator donates,
sells,or pays a fee to the other person(s)to collect or receive the edible food from the
generator.
5) Food scraps that are separated by the generator and used by the generator or distributed to
other person(s)for lawful use as animal feed,in accordance with 14 CCR Section
18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or
hauled by another party.
6) Containers delivered for recycling under the California Beverage Container Recycling and
Litter Reduction Act,Section 14500,et seq.California Public Resources Code.
71 Discarded materials removed from a premises by a contractor(e.g.,gardener.landscaper.
tree-trimming service,residential clean-out service)as an incidental part of the service being
performed,rather than as a separately contracted or subcontracted hauling service:or if such
contractor is providing a service that is not provided by the exclusive hauler.
8) Organic materials composted on a residential premises or otherwise legally managed at the
site where it is generated or at a community composting site.
9) Animal waste and remains from slaughterhouse or butcher shoos.or grease.
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10) By-products of sewage treatment,including sludge,sludge ash,grit,and screenings.
11) Excluded materials regardless of their source.
12) Materials generated by State and County facilities located in the City,including but not limited
to public schools,provided that the facility self-hauls,has arranged services with other persons.
or has arranged services with the contractor through a separate agreement.
Ne peFsen shall cellect any disearded mateFial produced, I(ept OF aeeurnulated within the City, unless such peFsen
f s an agent er eFnp!E)yee ef the Gity acting within the ceurse and seepe ef his empleyment, er is the exclusive
(b) No person shall collect C&D debris produced, kept or accumulated within the City,
unless such person holds a valid and current contract with the Regional Agency or is an agent
or employee of the City acting within the course and scope of their employment provided,
however, that C&D debris may be self-hauled by the generator.
7-05.090 Interfering with collection of discarded material or C&D debris.
No person shall, in any manner, interfere with the performance of discarded material or C&D debris
collection services being rendered by the exclusive or a C&D hauler,or by an agent or employee of the City acting
within the course and scope of his employment, Performing or retaining a third party to perform any such
collection service by a person who is not authorized shall constitute a violation of this Section.
7-05.100 Unauthorized deposit of discarded material or C&D debris.
(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,any discarded material produced from another premises where
such action results in the avoidance or reduction of any collection service charges that would otherwise be
payable for collection of such discarded material from the premises at which it was produced.
(b) It shall be unlawful to deposit or place any discarded material or C&D debris into a container or for
pick up by the exclusive or a C&D hauler,without permission to do so from the person owning, renting or
otherwise entitled to use such container receptacle.
(c) It shall be unlawful to deposit or place any discarded material or C&D debris upon any public or private
premises without permission to do so from the owner or legal occupant of such premises.The exclusive
hauler for collection of discarded materials is granted by the City the rights to encroach on the public right-
of-way,including if necessary,bike lanes,for that period during which containers are permitted to be
placed by the exclusive hauler's customers in such right of way for curbside collection from a residential or
commercial premises during specific times of collection as prescribed in the agreement entered into by the
exclusive hauler and the Regional Agency.
7-05.110 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.
7-05.120 Contract.
a) For the collection,disposal,and processing of discarded materials,a contract may be entered into by the
City or Regional Agency in accordance with the terms and conditions of this chapter.
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b) For the collection and transport of C&D debris,an exclusive or non-exclusive contract may be entered into
by the City or Regional Agency in accordance with the terms and conditions of this chapter.The Regional
Agency may impose a limit on the number of non-exclusive C&D haulers.
Article 17-10 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
17-10.05 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.
(f) This Article shall take effect January 1, 2022.
17-10.010 Definitions.
(a) Approved C&D processing facility means any of the facilities,used to process C&D debris,that have been
approved by the Regional Agency.
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jb) 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).
(cb) 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.
(de) City means the City of Saratoga, California, a political subdivision of the State of California, and its duly
authorized representatives.
(e}) 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."
(fd) Commercial business or commercial means a non-residential premises including a firm partnership,
proprietorship,joint-stock company,corporation,or association where business activity is conducted
including,but not limited to,retail sales,services,wholesale operations,manufacturing,and industrial
operations,but excluding businesses conducted upon residential property that are permitted under
applicable zoning regulations and are not the primary use of the property,whether for-profit or nonprofit
strip mall,or industrial facility,or as otherwise defined in 14 CCR Section 18982(a)(6).with the exception
that multi-family is excluded from the definition of commercial. FAeans a firm, partnership, preprietership,
facility, eF a multifamily Fesidential dwelling vinth fwp Ar meFe units, E)F aS AthPrw*,;P rIpfunpH in 14 PPR
Section 18982(a)(6);with the exceptien that multi family is exeludded frem this definition.A multi famely
adential dwelling that eensists ef feweF than five units.05;net a eeF eFGI_.l -husiness fR-.r puFpeses ef
(ge) 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).
(hf) Community composting means any activity that composts green material,agricultural material,food
material,and vegetative food material,alone or in combination, and the total amount of feedstock and
Compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square
feet,as specified in 14 CCR Section 17855(a)(4);or, as otherwise defined by 14 CCR Section 18982(a)(8).
(ig) Compliance review means a review of records by the City to determine compliance with this Article.
(jJ4) 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.
(ki) 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).
(I{) 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).
(mk) County means the County of Santa Clara,California.
(nl) 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.
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(Qm) 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 other designated
responsible person by the owner of the premises, as allowed under the City Code.
(p44) Construction and demolition debris or C&D debris means discarded building materials,packaging debris.
and rubble resulting from construction,alteration,remodeling,repair or demolition operations on any
pavements,excavation projects.houses,commercial buildings,or other structures,excluding excluded
materials and universal waste.C&D debris includes rocks,soils,tree remains,and other yard trimmings
that result from land clearing or land development operations in preparation for construction.G&D means
a) C&D hauler means the collection contractor that has been granted the exclusive or non-exclusive rights to
collect C&D debris in the City through the agreement entered into by the collection contractor and the
Regional Agency.
r) Covered project means and includes any project that meets the thresholds set forth in section 17-15.10.
(se) 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.
(t�) Discarded materials means recyclable materials,organic materials, and solid waste discarded by a generator
for the purposes of collection and/or self-hauling,excluding excluded waste.
u) Disposal or dispose(or any variation thereof)means the final disposition of solid waste or processing
residue at a disposal facility.
v) Dwelling unit means any individual living unit in a single-family dwelling,multi-family dwelling.structure
or building,mobile home,or motor home located on a permanent site intended for,or capable of being
utilized for,residential living other than a hotel or motel.
(q)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.
(rx) 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.
(sy) Excluded waste means hazardous substance, hazardous waste, infectious waste,designated waste,volatile,
corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that
facility operator(s),which receive materials from the City and its generators, reasonably believe(s)would, as
a result of or upon acceptance,transfer, processing, or disposal, be a violation of local,State, or Federal law,
regulation, or ordinance, including: land use restrictions or conditions,waste that cannot be disposed of in
Class III landfills or accepted at the facility by permit conditions,waste that in City's, its designee's, or
Regional Agency's reasonable opinion would present a significant risk to human health or the environment,
cause a nuisance or otherwise create or expose the City, its designee, or Regional Agency's to potential
liability; but not including de minimis volumes or concentrations of waste of a type and amount normally
found in single-family or multi-family solid waste after implementation of programs for the safe collection,
processing, recycling,treatment,and disposal of batteries and paint in compliance with Sections 41500 and
41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters,
and household batteries when such materials are defined as allowable materials for collection through the
City's collection programs and the generator or customer has properly placed the materials for collection
pursuant to instructions provided by City, Regional Agency, or exclusive hauler for collection services.
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(tz) Exclusive hauler means the collection contractor that has been granted the exclusive rights to collect
recyclable materials, organic materials,and solid waste D in the City through the agreement entered
into by the collection contractor and the Regional Agency").
(t+aa) 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).
(ubb) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.
(wcc) 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).
(xdd) 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.
(yee) Food recovery service means a person or entity that collects and transports edible food from a commercial
edible food generator to a food recovery organization or other entities for food recovery, or as otherwise
defined in 14 CCR Section 18982(a)(26).A food recovery service is not a commercial edible food generator
for the purposes of this Article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
(4f) 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 9rgaRic-food waste. Food
scraps excludes fats,oils,and grease when such materials are source separated from other food scraps.
(aagg) 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).
(bbhh) Food-soiled paper is compostable paper material that has come in contact with food or liquid,such as,
but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
Food-soiled paper is a subset of food waste.
(eeii) Food waste includes food scraps and food-soiled paper, and includes compostable plastics, unless [the] City,
its designee, Regional Agency, or exclusive hauler excludes compostable plastics in the organic materials
containers. Food waste is a subset of organic materials.
(46 )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.
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(eekk) Green waste means tree trimmings,grass cuttings,dead plants, leaves, branches and dead trees(not
more than three inches in diameter),garden and tree fruits and vegetables, and similar materials generated
and source separated from other materials at the premises.
(#II) 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).
(ggmm) 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).
nn) Health facility has the same meaning as in Section 1250 of the Health and Safety Code.
(h400) High diversion organic waste processing facility means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d)and meets or exceeds an annual average Mixed Waste organic
content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and 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).
(pp) Hotel has the same meaning as in Section 17210 of the Business and Professions Code.
(i+=qq) 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).
(4rr)Large event means an event, including, but not limited to, a sporting event or a flea market,that charges an
admission price,or is operated by a local agency, and serves an average of more than two thousand
individuals per day of operation of the event, at a location that includes, but is not limited to, a public,
nonprofit,or privately owned park, parking lot,golf course,street system,or other open space when being
used for an event. If the definition in 14 CCR Section 18982(a)(38)differs from this definition,the definition
in 14 CCR Section 18982(a)(38)shall apply to this Article.
(foss) Large venue means a permanent venue facility that annually seats or serves an average of more than two
thousand individuals within the grounds of the facility per day of operation of the venue facility. 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.
(P+wtt) 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).
(n-Ruu) Multi-family residential dwelling or multi-family means of,from, or pertaining to residential premises
with five or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient
occupancy facilities,which are considered commercial businesses. residential premises with fewer than five
dwelling units shall be considered single-family.
(9evv) MWELO refers to the Model Water Efficient Landscape Ordinance(MWELO), 23 CCR, Division 2, Chapter
2.7.
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(ppww) 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).
(ggxx) 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.
(3) Public universities(including community colleges) located within the boundaries of the City, including
the West Valley Community College District.
(4*yc)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.
zz) Occupant means the person who occupies a premises.
(ssaaa) Organic materials means green waste,food waste, lumber, and wood waste.
(ttbbb) 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.
(tmccc) 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).
(wddd) 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).
gee)Overage means discarded materials exceeding the container's intended capacity such that the container's
lid is lifted by at least one(1)inch(or would be lifted by at least one(1)inch if there was a lid):or.(ii)
discarded materials placed on top of or in the immediate vicinity of the container,excluding allowed
cardboard.
fff) Owner means the person(s)holding legal title to real property and/or any improvements thereon and shall
include the person(s) listed on the latest equalized assessment roll of the County Assessor,or as otherwise
defined in 14 CCR Section 18982(al(57).
(wwUg)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).
hhh)Premises means any land or building in the City where recyclable materials,organic materials,solid waste,
or MD are generated or accumulated.
(xxiii)Printing and writing papers include, but are not limited to, copy,xerographic,watermark, cotton fiber,
offset,forms,computer printout paper,white wove envelopes, manila envelopes, book paper, note pads,
writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures,
reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
Process or processing(or any variation thereof) means the controlled separation,recovery,volume
reduction,conversion,or recycling of source separated recyclable materials or source separated organic
materials including,but not limited to,organized,manual,automated,or mechanical sorting.the use of
Ordinance 400
Page 12
vehicles for spreading of waste for the purpose of recovery,and/or includes the use of conveyor belts,
sorting lines,or volume reduction equipment,or as otherwise defined in 14 CCR Section 174021a11201.
(y-ykkk) 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.
( Ill) 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).
(aaammm) 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).
(bbbnnn) Recyclable materials means materials that are intended for the purposes of being reused or
feqyWthe following Material`.The particular materials eligible to be recycled through the City's programs
shall be specified from time to time by the Regional Agency.
(I)Metals; aeresel eans,aluminum foal,alumiRum pans, beveFage cans, can lids, car parts,dE)E)rs and ,
eaRS, pipes, plumbing fixtures, pets and pans, propane tanks,scrap metal,SGFews and nuts,spaFting electrical motors,food/soup Gans,fuFniture, hangers, I(eys, lids/caps, nuts and bG4S, paiRt GaRs, pet fE)E)d
utensils;teals,toys, umbrellas, and
players, DVRs,fa)(FRaGhiRes, wnlqet toner cartridges, I(eybeaFds, FMGFOwaves, pageFs, PDAs, printers,(2)E Waste; appliances, calculateFs, eameFas, eel! phones, computer rAice, cernputer tewer-,Gards, DVD
(3)PapeF; PapeF ffedHCAS, printing and writing papeF, aseptie paekaging, books, earbonless paper, ,
cartons, envelopes,frezen feed bexes,gift wrap,juice bG)(es,juink mail, *IeFS, Milk Gatalegs, eeFeal bexes, ee4ee cups, celoFed papeF, eemputeF paper, construction paper, coupens,egg
buckets,newspapers (induding inseFtS), e4iGe paper, paper bags, papeF eups/plat ranh,; pizza boxes,shae
(4)PlastiG;aute parts, baby wipe eentainers, baskets, beverage battles, bleach/deteFgeRt bettles,
battles,coffee Gula lids, eaaleFS, eFates, disposable razers,fleweF pets,feed eentaineFS,fuF nitwe, hangeFs, househald
rule-aneir betfles, Fnewthwash bottles, pet GarFieFs, HDPE popes, plasties(numbers !-7), prescription
toys;shampee bottles,shelving,squeeze bottles,swimming pools,take out containers,
bags, pallet wrap, plastiG liners, plastic wrap, produce bags,and- shrink
(5)Film plastiris; bFead bags, bubble wFap, cellephane bags, dry cleaning bags,frozen food bags, newspaW
(6)Glass; beveFage bettles, broken glass, diShWaFe,feed jars,windows, and wine bottles;and
(7) Missellaneeus-telxt+les, and used ^ and used oil rte; . ccc000) 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.
(dd4RRp) 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).
(eeem) Regional Agency means the West Valley Solid Waste Management Authority.
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Page 13
(##rrr) 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 juir",ur,sdietien C�enforcement official.
(gggsss) 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.
(Ji ttt) 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).
(i4uuu) 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).
(jjfvvv) 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).
www Salvage means the controlled removal of C&D debris from a covered project,for the purpose of reuse
or storage for later reuse.
( xxx) 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.
(Wyyy) 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.
(eazzz) 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.
aaaa)Service level refers to the size of a customer's container(s)and the frequency of collection service.
bbbb)Share table has the same meaning as in Section 114079 of the Health and Safety Code.
( cccc) Single-family means of,from, or pertaining to any residential premises with fewer than five
units.
(eeedddd) 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 eonstFuetien wastes
construction and demolition debris,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).
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Page 14
(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.
( eeee) 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.
(q"ffff)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.
(rr+ ) 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.
(ssshhhh)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. S,,,,rGe separated recyclable.,...,teFia'S
(tttiiii) State means the State of California.
( & Supermarket means a full-line,self-service retail store with gross annual sales of two million dollars, or
more, and which sells a line of dry grocery,canned goods, or nonfood items and some perishable items, or as
otherwise defined in 14 CCR Section 18982(a)(71).
(vvvkkkk)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 ten thousand square feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73)of tier one commercial edible food generator differs
from this definition,the definition in 14 CCR Section 18982(a)(73)shall apply to this Article.
(wvdwllll) Tier two commercial edible food generator means a commercial edible food generator that is
one of the following:
(1) Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five
thousand square feet.
(2) Hotel with an on-site food facility and two hundred or more rooms.
(3) Health facility with an on-site food facility and one hundred or more beds.
(4) Large venue.
(5) Large event.
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Page 15
(6) A State agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal
to or greater than five thousand square feet.
(7) A local education agency facility with an on-site food facility. .
If the definition in 14 CCR Section 18982(a)(74)of tier two commercial edible food generator differs
from this definition,the definition in 14 CCR Section 18982(a)(74)shall apply to this Article.
mmmm)Transportation or transport means the act of conveying Collected materials from one location to
another.
nnnn) Universal waste means waste defined by 22 CCR Subsections 66273.1 through 66273.9.including,but
not limited to batteries,fluorescent light bulbs,mercury switches,and E-waste.
( 0000) 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.
(y YRM) 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).
17-10.015 Single-family requirements.
(a) Owners, occupants,or property managers of single-family premises,except those that that meet the self-
hauler requirements in Section 17-10.045 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 17-10.015(c).
(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,to avoid overage, 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.
(cb) 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.
(dc) 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 container and shall not place materials designated for the solid waste
container into the recyclable materials container or organic materials container.
17-10.020 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 17-10.045 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,to avoid overage, provided for each type of collection
service for proper separation of materials and containment of materials;and, owner, occupant, or
Ordinance 400
Page 16
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. If
the commercial businesses and multi-family residential dwellings do not increase their service level
as requested by the City,its designee.or Regional Agency,the City,its designee.or Regional Agency
may require the exclusive hauler to increase their service level and bill the commercial businesses
and multi-family residential dwellings for the increased service level required to prevent overages:
(2) Except commercial businesses and multi-family residential dwellings that meet the self-hauler
requirements in Section 17-10.045 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 17-10.045 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 days of occupation of the premises to new
tenants that describes requirements to keep source separated 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 17-10.025(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 17-10.045 of this Article.
(b) Commercial businesses shall also comply with the following requirements:
Ordinance 400
Page 17
(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
agreement provided by Regional Agency,with either lids conforming to the color requirements
or bodies conforming to the color requirements or both lids and bodies conforming to color
requirements.A commercial business is not required to replace functional containers, including
containers purchased prior to January 1, 2022,that do not comply with the requirements of the
subsection prior to the end of the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
(ii) Existing containers shall be clearly marked with educational signage indicating the appropriate
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 17-10.045.
(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 17-10.030.
(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).
17-10.025 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 to the City. Regional Agency,or exclusive hauler specifying the services that
they are requesting a waiver from and provide documentation as noted in subsection (a)(2) below.
(2) Provide documentation that either:
(A) The commercial business' or multi-family residential dwellings'total solid waste collection service
is two cubic yards or more per week and organic waste subject to collection in a recyclable
Ordinance 400
Page 18
materials container and/or organic materials container comprises less than twenty gallons per
week per applicable container of the commercial business's or multi-family residential dwellings'
total waste;or,
(B) The commercial business'or multi-family residential dwellings'total solid waste collection service
is less than two cubic yards per week and organic waste subject to collection in a recyclable
materials container and/or organic materials comprises less than ten gallons per week per
applicable container of the commercial business's or multi-family residential dwellings'total
waste.
(3) Notify Regional Agency if circumstances change such that commercial business's or multi-family
residential dwelling's organic waste exceeds threshold required for waiver, in which case waiver will be
rescinded.
(4) Provide written verification of eligibility for de minimis waiver every five years,or other interval
deemed appropriate by the Regional Agency for special circumstances.if City Regional Agency has
approved de minimis waiver.
5) Pay any applicable application fee,which may be established by resolution of the City Council or
Regional Agency.
(b) Physical space waivers. 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 17-10.020.
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,or other interval deemed appropriate by the Regional Agency for special circumstances, if
QI or Regional Agency has approved application for a physical space waiver.
4) Pay any applicable application fee,which may be established by resolution of the City Council or
Regional Agency,
17-10.030 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:
Ordinance 400
Page 19
(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.
(i i) The types of food that will be collected by or self-hauled to the food recovery service or
food recovery organization.
(iii) The established frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to
a food recovery service or food recovery organization for food recovery.
(d) Tier one commercial edible food generators shall submit food recovery reports, as defined below,to the 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 1st 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;
Ordinance 400
Page 20
(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,
relating to food safety, as amended,supplemented,superseded and replaced from time to time).
17-10.035 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:
(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:
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Page 21
(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 sixty days,
unless another timeframe is otherwise specified by the City or Regional Agency.
17-10.040 Hauler and facility operator requirements.
(a) Requirements for haulers.
(1) The exclusive hauler providing discarded materials collection for single-family, multi-family residential
dwellings, and commercial recyclable materials, organic waste,CSd)-,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,G&Dand 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;
(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.
(3) The C&D hauler providing C&D collection services to generators within the City's boundaries shall
comply with all requirements contained within its agreement entered into by the C&D hauler and
Regional Agency.
(b) Requirements for facility operators and community composting operations.
(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 sixty days.
17-10.045 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
Ordinance 400
Page 22
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, or
shall haul C&D debris that is mixed to an approved C&D processing facility.
(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 and C&D debris that
is mixed to an approved C&D 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.
(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.
17-10.050 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
17-10.030 of this Article.
17-10.060 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 17-10.020(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 17-
10.020 of this Article.
Ordinance 400
Page 23
(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.
(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
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.
17-10.070 Enforcement.
(a) Violations.Violation of any provision of this Article shall constitute grounds for issuance of a notice of
violation and assessment of a fine by a City enforcement official 'i isdi^+i^^ ^40 i '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.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 '...;.a".+i^^ E^feree ent City
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 City enforcement official juFisdietien
(A) City enforcement official kiFisdiction Enforcement^#i (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.
(B) City enforcement official 'WFiSd"-+;^n Enforcement Offi (s)(and Regional Agency Enforcement
Office or County Agency Enforcement Official, if designated by the City) may issue notices of
violation(s).
Ordinance 400
Page 24
(d) Process for enforcement.
(1) City enforcement officials jurisdiction E^F^r G^^,^^*Offm 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 17-10.060 establishes City's right to authorize
or 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 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 17-10.070(d)(3), City or Regional Agency Enforcement Office or County Enforcement Officials
shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, 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 party responsible for paying for the collection services,depending upon available
information.
(e) Penalty amounts for types of violations.The penalty levels are as follows:
(1) For a first violation,the amount of the base penalty shall be fifty dollars to one hundred dollars per
violation.
(2) For a second violation,the amount of the base penalty shall be one hundred dollars to two hundred
dollars per violation.
(3) For a third or subsequent violation,the amount of the base penalty shall be two hundred fifty dollars
to five hundred dollars 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.
Ordinance 400
Page 25
(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. 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
Officiale 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.
Article 17-15 CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION
17-15.010.Covered projects.
a) Persons applying for a permit from the City for new construction,building renovation,remodel,additions
or alterations and demolition projects shall comply with the requirements of this section and all required
components of the California Green Building Standards Code,24 CCR,Part 11(CALGreen).as amended,if
its project is covered by the scope of CALGreen and other applicable requirements of the City. If the
requirements of CALGreen.as amended,are more stringent than the requirements of this section.the
CALGreen requirements shall apply.
b) All proiects within the City,including City-sponsored projects,shall be subject to the Waste Management
Plan requirement of section 11.6.050.
c) All new construction and demolition projects within the City,including City-sponsored projects,shall
comply with this chapter and shall submit a Waste Management Plan required by section 17-15.050 prior
to the beginning of any construction and demolition activities.
Ordinance 400
Page 26
(1) Newly constructed buildings and demolition
(2) Non-residential renovation,remodel,addition,or alterations to an existing structure within the City,
as determined by the building official
(3) Residential renovation,remodel,addition,or alternations that increase the structure's conditioned
area,volume,or size,as determined by the building official.
17-15.020 Requirement to divert C&D debris.
This section sets forth that all covered projects must comply with the following provisions of the most current
California Green Building Standards Code(CALGreen)Sections:
a) 4.408.1 Construction Waste Management Residential(recycling reauirementsl
b) 5.408.1 Construction Waste Management Non-Residential(recycling requirements)
c) 4.410.2 Recycling by Occupants Residential(recycling enclosure requirements)
d) 5.410.1 Recycling by Occupants Non-Residential(recycling enclosure requirements)
e) 5.408.2 Diversion by Waste Management Non-Residential(universal waste diversion requirements)
It is required that at least sixty-five percent of waste tonnage and one hundred percent of excavated soil from
new construction,demolition,or existing construction such as addition,alteration,or repair projects shall be
diverted from disposal.
17-15.030 Deconstruction,salvage and recovery.
a) Contractors are encouraged to make every structure planned for demolition available for deconstruction
salvage,and recovery prior to demolition:and to recover the maximum feasible amount of salvageable
designated recyclable and reusable materials prior to demolition.
(b) Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall
be counted towards the diversion requirements of this chapter.
17-15.040 Approved C&D processing facilities.
a) The Regional Agency is authorized to designate and approve C&D processing facilities.The Regional
Agency shall issue an approval only if the owner or operator of the facility submits documentation
satisfactory to the Regional Agency and shall obtain third party certification for mixed C&D processing.
b) A mixed C&D processing facility is required to obtain third party certification prior to registration with the
Regional Agency.The Regional Agency will apply the standards described in the then-current facility
certification program,consistent with the procedures set forth in this chapter,to determine whether a
facility qualifies for approval of registration.Any facility certified under a terminated certification program
must reapply and receive certification under the then-current program.
c) C&D processing facilities shall,as a condition of their approval,agree to terms and conditions set forth by
the Regional Agency.
17-15.050 Reporting.
a) No later than thirty days following the completion of a covered project,the contractor shall,as a condition
of final approval and for issuance of any certificate of occupancy,certify C&D debris was recycled at the
Ordinance 400
Page 27
diversion rate set by California's Green Building Standard Code and requirement set forth in section 17-
15.020 and submit documentation to the Building Division of the Community Development Department
that demonstrates compliance with the requirements of this chapter.
b) The documentation shall be submitted in a form consistent with City requirements and consist of receipts
and weight tags or other records of measurement or equivalent documentation from recycling and
processing companies,deconstruction contractors,and landfill and disposal companies.
c) Progress reports during construction may be required.
d) All documentation submitted pursuant to this section is subject to verification by City.
e) It is unlawful for any person to submit documentation to City under this section that a person knows to
contain any false statements, including but not limited to false statements regarding tonnage of materials
recycled or diverted,or to submit any false or fraudulent receipt of weight tags or other record of
measurement.
1760079.3