HomeMy WebLinkAboutOrdinance #4247 ORDINANCE NO. 4247
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUN INGTON BEACH
AMENDING CHAPTER 8.21 OF THE HUNTINGTON BEACH MUNICIPAL CODE
REFUSE MANAGEMENT AND ADDING CHAPTER 8.22 MANDATORY ORGANIC
WASTE DISPOSAL REDUCTION
WHEREAS, State recycling law, Assemble Bill 939 of 1989, the California Integrated
Waste Management Act of' 1989 (California Public Resources Code Section 40000, et seq., as
amended, supplemented, superseded, and replaced from time to time), requires cities and
counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their
jurisdictions to the maximum extent feasible before any incineration or landfill disposal of
waste, to conserve water, energy, and other natural resources, and to protect the environment:
and
WHEREAS. State recycling law, Assembly Bill 341 of 2011 places requirements on
businesses and Multi-Family property owners that generate a specified threshold amount of
Solid Waste to arrange for recycling services and requires the City to implement a mandatory
commercial recycling program: and
WHEREAS. State organics recycling law, Assembly Bill 1826 of 2014 requires
businesses and Multi-Family property owners that generate a specified threshold amount of
Solid Waste. Recycling, and Organic Waste per week to arrange for recycling services for that
waste, requires the City to implement a recycling program to divert Organic Waste from
businesses subject to the law, and requires the City to implement a mandatory commercial
organics recycling program: and
WHEREAS. 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 the City, residential households,
Commercial Businesses and business owners. Commercial Edible Food Generators, haulers,
Food Recovery Organizations, and Food Recovery Services to support achievement of
Statewide Organic Waste disposal reduction targets; and
WHEREAS. SB 1383 Regulations require the City to adopt and enforce an ordinance or
other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.
This ordinance will also help reduce food insecurity by requiring Commercial Edible Food
Generators to arrange to have the maximum amount of their Edible Food, that would otherwise
be disposed, be recovered for human consumption; and
WHEREAS, this Ordinance implements the requirements of AB 341, AB 1826, and the
SB 1383 Regulations.
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21-10408/271949
ORDINANCE NO. 4247
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 8.21.010 is hereby amended to read as follows, with all other
definitions remaining the same:
"Organic waste" has the same meaning as defined in Section 8.21.010, which defines organic
waste as refuse (solid waste) 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 California Code
of' Regulations Section 18982(a)(46). Biosolids and digestate are as defined by 14 California
Code of Regulations Section 18982(a).
"Refuse" means all putrescible and non-putrescible solid, and semisolid wastes, including
garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction
wastes. abandoned vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fired sewage sludge which is not hazardous waste, manure,
vegetable or animal solid or semi-solid wastes, and other discarded solid or semisolid wastes,
but not including hazardous waste, radioactive waste regulated pursuant to the State Radiation
Control Law, untreated medical waste regulated pursuant to the State Medical Waste
Management Act. and liquid waste. Recyclable waste material is considered refuse for purposes
of this Chapter. Materials that are sold or donated by the owner thereof to a third party, or
thereafter recycled, are not considered refuse for purposes of this Chapter. The term "refuse"
shall be synonymous with the term "solid waste" as used in Section 8.22.010 and in the
Integrated Waste Management Act, Public Resources Code Section 40000, et seq.
"Residential cart" means a container having a capacity not to exceed 100 gallons and furnished
or supplied by the City refuse collector for use in residential collection service. Residential carts
shall be colored as described in Section 8.22.020(b).
SECTION 2. Chapter 8.21.130 is hereby amended to read as follows:
"After a container has once been removed by the Cite pursuant to this Chapter, the owner
thereof shall be deemed to have actual notice of the provisions of this Chapter, including
prohibition against the placement of unauthorized containers. In the event of a subsequent
placement of a container by the same owner, or an affiliate of the owner, that is in violation of
this Chapter, the Director may immediately, without the posting of a notice to remove pursuant
to subsection A of this section, direct the removal and storage of the unauthorized container and
shall, in such case, give notice to the owner to claim the container pursuant to subsections B and
C of this section."
SECTION 3. Chapter 8.21.190 is hereby amended to read as follows:
"The City refuse collector shall dispose of refuse in a manner approved by the Director
and consistent with the provisions of Chapters 8.21 and 8.22."
ORDINANCE NO. 4247
SECTION 4. Chapter 8.22 is hereby added to read as follows:
Chapter 8.22 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
8.22.010 Definitions
For the purposes of this Chapter, the following words, terms, phrases, and their
derivations have the meanings given herein, or as otherwise defined in 14 Califomia Code of
Regulations 18982,as amended.Terms defined elsewhere in Title 8 shall have the same meanings
herein unless expressly defined in this Chapter.
"Blue Container" means the same as provided in 14 Califomia Code of Regulations
Section I8982(a)(5) and shall be used for the purpose of storage and collection of Source
Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
"Commercial Business" or "Commercial' means a firm, partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling. A Multi-Family Residential Dwelling
that consists of fewer than five (5) units is not a Commercial Business for purposes of
implementing this Chapter.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial
Edible Food Generator. For the purposes of this definition, Food Recovery Organizations and
Food Recovery Services are not Commercial Edible Food Generators.
"Compliance Review" means a review of records by the City to determine compliance
with this Chapter.
"Community Composting" means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total
amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and
750 square feet, as specified in 14 California Code of Regulations Section I8982(a)(8).
"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, as may be amended from time to time.
"Container Contamination" or "Contaminated Container' means a container, regardless
of color, that contains Prohibited Container Contaminants.
"CRD" means construction and demolition debris.
"Designee" means an entity that the City contracts with or otherwise arranges to carry
out any of' the City's responsibilities of this Chapter as authorized in 14 California Code of'
Regulations Section 18981.2. A Designee may be a government entity, a hauler, a private entity,
or a combination of those entities.
"Edible Food" means food intended for human consumption. For the purposes of this
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ORDINANCE NO. 4247
Chapter, "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this
Chapter or in 14 California Code of Regulations, Division 7, Chapter 12 requires or authorizes
the Recovery of Edible Food that does not meet the food safety requirements of the California
Retail Food Code.
"Enforcement Action" means an action by the City to address non-compliance with this
Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using
other remedies.
"Excluded Waste" means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and
toxic substances or material that facility operator(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, or its Designee's reasonable opinion
would present a significant risk to human health or the environment, cause a nuisance or
otherwise create or expose the City, or its Designee, to potential liability; but not including de
minimis volumes or concentrations of' waste of a type and amount normally found in Single-
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.
"Food Distributor" means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores.
"Food Facility" has the same meaning as in Section 113789 of the Health and Safety
Code.
"Food Recovery" means actions to collect and distribute food for human consumption
that otherwise would be disposed.
"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, including, but not limited to:
(1) A food bank as defined in Section 1 13783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code;
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of'
the Health and Safety Code; and
(4) A Food Recovery Organization is not a Commercial Edible Food Generator for
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ORDINANCE NO. 4247
the purposes of this Chapter and implementation of 14 California Code of
Regulations, Division 7, Chapter 12.
"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. A Food Recovery Service is not a Commercial Edible Food Generator
for the purposes of' this Chapter and implementation of 14 California Code of Regulations,
Division 7, Chapter 12.
"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.
"Gray Container" means the same as provided in 14 California Code of Regulations
Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray
Container Waste.
"Gray Container Waste" means Solid Waste that is collected in a Gray Container as
specified in 14 California Code of Regulations Sections 18984.1(a) and (b), or as otherwise
defined in 14 California Code of Regulations Section 17402(a)(6.5). Gray Container Waste may
specifically include carpet, Non-Compostable Paper, and textiles.
"Green Container" means the same as provided in 14 California Code of Regulations
Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source
Separated Green Container Organic Waste.
"Grocery Store" means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a bakery, deli,
and meat and seafood departments.
"Hauler Route" means the designated itinerary or sequence of stops for each segment of
the City's collection service area.
"High Diversion Organic Waste Processing Facility" means a facility that is in
compliance with the reporting requirements of 14 California Code of Regulations Section
18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate
of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1,
2025. as calculated pursuant to 14 California Code of Regulations Section 18815.5(e) for Organic
Waste received from the "Mixed waste organic collection stream" as defined in 14 California
Code of Regulations Section 18982(a)(33).
"Inspection" means a site visit where the City or its Designee reviews records, containers,
and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible
Food handling to determine if the entity is complying with requirements set forth in this Chapter.
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ORDINANCE NO. 4247
"Large Event" means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an average
of more than 2,000 individuals per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street
system, or other open space when being used for an event.
"Large Venue" means a permanent venue facility that annually seats or serves an average
of more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of this Chapter and implementation of 14 California Code of Regulations,
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 Chapter and
implementation of 14 California Code of Regulations, 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.
"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.
"Multi-Family Residential Dwelling(s)" or "Multi-Family" means of, from, or pertaining
to residential premises with five(5)or more dwelling units. Multi-Famiiv premises do not include
hotels. motels, or other transient occupancy facilities, which are considered Commercial
Businesses.
"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23
California Code of Regulations, Division 2, Chapter 2.7.
"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.
'Non-Local Entity' include, but are not limited to the following entities that are not
Subject to the City's enforcement authority, as described in 14 California Code of Regulations.
Section 18982(a)(42).
"Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass.
"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. Biosolids and digestate
are as defined by 14 California Code of Regulations, Section 18982(a).
"Organic Waste Generator' means a person or entity that is responsible for the initial
creation of Organic Waste.
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ORDINANCE NO. 4247
"Prohibited Container Contaminants" means the following: (i) discarded materials placed
in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials
for the City's Blue Container: (ii) discarded materials placed in the Green Container that are not
identified as acceptable Source Separated Green Container Organic Waste for the City's Green
Container; (iii) discarded materials placed in the Gray Container that are acceptable Source
Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be
placed in City's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any
container.
"Recovered Organic Waste Products" means products made from California, landfill-
diverted recovered Organic Waste processed in a permitted or otherwise authorized facility.
"Recovery"means any activity or process described in 14 California Code of Regulations,
Section 18983.1(b).
"Remote Monitoring" means the use of the internet of things (loT) and/or wireless
electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray
Containers for purposes of identifying the quantity ofmaterials in containers(level of till)and/or
presence of Prohibited Container Contaminants.
"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.
"Single-Family"means of, from. or pertaining to any residential premises with fewer than
five (5) units.
"Solid Waste" has the same meaning as defined in State Public Resources Code Section
40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and
liquid wastes, including garbage, trash. refuse, paper, rubbish. ashes, industrial wastes,
demolition and constntction wastes. abandoned vehicles and parts thereof, discarded home and
industrial appliances. dewatered, treated, or chemically fixed sewage sludge which is not
hazardous waste, manure, vegetable or animal solid and semi-solid wastes. and other discarded
solid and semisolid wastes, with the exception that Solid Waste does not include any of the
following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 1 14960) of Part 9 of Division 104 of the
State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 1 17600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid
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ORDINANCE NO. 4247
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.
"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.
For the purposes of this Chapter, Source Separated shall include separation of materials by the
generator, property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of collection such that Source
Separated materials are separated from Gray Container Waste or other Solid Waste for the
purposes of collection and processing.
"Source Separated Blue Container Organic Waste" means Source Separated Organic
Wastes that can be placed in a Blue Container that is limited to the collection of those Organic
Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43).
"Source Separated Green Container Organic Waste" means Source Separated Organic
Waste that can be placed in a Green Container that is specifically intended for the separate
collection of Organic Waste by the generator, excluding Source Separated Blue Container
Organic Waste, carpets, Non-Compostable Paper, and textiles.
"Source Separated Recyclable Materials" means Source Separated Non-Organic
Recyclables and Source Separated Blue Container Organic Waste.
"Supermarket" means a full-line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or
nonfood items and some perishable items.
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square
feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
"Tier Two Commercial Edible Food Generator" means a Commercial Edible }rood
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
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ORDINANCE NO. 4247
(2) Hotel with an on-site Food Facility and 200 or more rooms.
(3) Health facility with an on-site food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
"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.
8.22.020 Requirements for Single-Family Generators
Single-Family Organic Waste Generators shall:
(a) Subscribe to the City's three-container Organic Waste collection services. The
City shall have the right to review the number, size, and location of a generator's containers to
evaluate adequacy of capacity provided for each type of collection service for proper separation
of materials and containment of materials; and generator shall adjust its service level for its
collection services as requested by the City.
(b) Participate in the City's three-container system for Source Separated Recyclable
Materials, Source Separated Green Container organic materials, and Gray Container Waste
collection services. Generator shall place Source Separated Green Container Organic Waste in
the Green Container; Source Separated Recyclable Materials in the Blue Container; and Mixed
Waste, including Food Waste, in the Gray Container. Generators shall not place materials
designated for the Gray Container into the Green Container or Blue Container.
Notwithstanding the above, the City is not required to replace functional containers,
including containers purchased prior to January 1. 2022. that do not comply with the color
requirements of' this Chapter and the Regulations, prior to the end of the useful life of those
containers, or prior to January 1, 2036, whichever comes first. Labels will be placed by the
franchise hauler on the containers indicating the primary materials accepted and the primary
materials prohibited in the containers. Until compliant colored containers are provided, (Blue
Container, Green Container, and Gray Container), Single-Family Waste Generators shall comply
with the container label requirements.
(c) Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic waste on site, and/or using a Community Composting site pursuant
to 14 California Code of Regulations, Section 18984.9(c).
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8.22.030 Requirements for Commercial Businesses
Commercial Businesses, which includes Multi-Family Residential Dwellings shall:
(a) Subscribe to the City's three-container Organic waste collection services. The
City shall have the right to review the number, size, and location of a generatoes containers and
frequency of collection to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials; and, Commercial
Businesses shall adjust their service level for their collection services as requested by the City.
(b) Participate in and comply with the City's three-container (Blue Container, Green
Container, and Gray Container) collection service by placing designated materials in designated
containers. Generator shall place Source Separated Green Container Organic Waste, including
Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue
Container; and Gray Container Waste in the Gray Container. Generator shall not place materials
designated for the Gray Container into the Green Container or Blue Container.
Notwithstanding the above, the City is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not comply with the color
requirements of this Chapter and the Regulations, prior to the end of the useful life of those
containers, or prior to January 1, 2036, whichever comes first. Labels will be placed by the
franchise hauler on the containers indicating the primary materials accepted and the primary
materials prohibited in the containers. Until compliant colored containers are provided. (Blue
Container, Green Container, and Gray Container), Single-Family Waste Generators shall comply
with the container label requirements.
(c) Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors(conforming with Sections 8.30.030(d)(1)and 8.30.030
(d)(2) below) for employees, contractors, tenants, and customers, consistent with City's Blue
Container, Green Container, and Gray Container collection service or, if self-hauling, per the
Commercial Businesses' instructions to support its compliance with its self-haul program.
(d) Excluding Multi-Family Residential Dwellings, provide containers for the
collection of Source Separated Green Container Organic Waste and Source Separated Recyclable
Materials in all indoor and outdoor areas where disposal containers are provided for customers,
for materials generated by that business. Such containers do not need to be provided in restrooms.
If a Commercial Business does not generate any of the materials that would be collected in one
type of container, then the business does not have to provide that particular container in all areas
Where disposal containers are provided for customers. Pursuant to 14 California Code of
Regulations Section I8484.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through
the collection service provided by the City, 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
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ORDINANCE NO. 4247
subsection prior to the end of' the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
(2) Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials prohibited in that container,
or containers with imprinted test or graphic images that indicate the primary materials accepted
and primary materials prohibited in the container. Pursuant 14 California Code of Regulations
Section 18984.8. the container labels are required on new containers commencing January 1,
2022.
(e) Multi-Family Residential Dwellings are not required to comply with container
placement requirements or labeling requirement pursuant to 14 California Code of Regulations
Section 18984.9(b).
(t) To the extent practical through education, training, Inspection, and/or other
measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing
materials in a container not designated for those materials per the City's Blue Container, Green
Container, and Gray Container collection service or, if self-hauling, per the Commercial
Businesses' instructions to support its compliance with its self' haul program, in accordance with
Section 8.22.080.
(g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue
Containers, Green Containers, and Gray Containers for contamination and inform employees if
containers are contaminated and of the requirements to keep contaminants out of those
containers pursuant to 14 California Code of Regulations, Section I8984.9(b)(3).
(h) Annually provide information to employees, contractors, tenants, and customers
about Organic Waste Recovery requirements and about proper sorting of Source Separated
Green Container Organic Waste and Source Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days ofoccupation
of' the premises to new tenants that describes requirements to keep Source Separated Green
Container Organic Waste and Source Separated Recyclable Materials separate from Gray
Container Waste (when applicable) and the location of containers and the rules governing their
use at each property.
0) Provide or arrange access for the City or its agent to their properties during all
Inspections conducted in accordance with this Chapter to confirm compliance with the
requirements of this Chapter.
(k) If implemented, accommodate and cooperate with the City's Remote Monitoring
program for Inspection of the contents of containers for Prohibited Container Contaminants, to
evaluate generator's compliance with this Chapter. The Remote Monitoring program shall
involve installation of Remote Monitoring equipment on or in the Blue Containers, Green
Containers, and/or Gray Containers.
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ORDINANCE NO. 4247
(1) 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 California Code of Regulations Section 189849(c).
(m) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements of this Chapter.
8 22.040 Waivers for Generators
(a) De Minimis Waivers. The City may, at its discretion, waive a Commercial
Business' requirement (including Multi-Family Residential Dwellings) to comply with some or
all of the Organic Waste requirements of this Chapter if the Commercial Business:
(1) Submits an application specifying the services that they are requesting a
waiver from.
(2) Provides documentation that either:
(A) The Commercial Business' total Solid Waste collection service is
two cubic yards or more per week and Organic Waste subject to
collection in a Blue Container or Green Container comprises less
than 20 gallons per week per applicable container of the business'
total waste: or.
(B) The Commercial Business' total Solid Waste collection service is
less than two cubic yards per week and Organic Waste subject to
collection in a Blue Container or Green Container comprises less
than 10 gallons per week per applicable container of the business'
total waste: and
(3) Notifies the City it' circumstances change such that Commercial
Business's Organic Waste exceeds the threshold required for waiver, in
which case waiver will be rescinded: and
(4) Provides written verification of eligibility for de minimis waiver every 5
Years, if the City has approved de minimis waiver.
(b) Physical Space Waivers. City may, at its discretion, waive a Commercial
Business' or property owner's obligations (including Multi-Family Residential Dwellings) to
comply with some or all of the recyclable materials and/or Organic Waste collection service
requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed
engineer demonstrating that the premises lack adequate space for the collection containers
required for compliance with the Organic Waste collection requirements of this Chapter.
A Commercial Business or property owner may request a physical space waiver through
the following process:
(1) Submit an application form specifying the type(s) of collection services
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ORDINANCE" NO. 4247
for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lack adequate space for Blue
Containers and/or Green Containers including documentation from its
hauler, licensed architect, or licensed engineer.
(3) Provide written verification to the City that it is still eligible for physical
space waiver every five years, if the City has approved application for a
physical space waiver.
(c) Collection Frequency Waiver. The City, at its discretion and in accordance with
14 California Code of Regulations, Section 18984.1 I(a)(3), may allow the owner or tenant of any
residence, premises, business establishment or industry that subscribes to the City's three-
container Organic Waste collection service to arrange for the collection of their Blue Container,
Gray Container, or both once every fourteen days, rather than once a week.
8.22.050 Requirements for Commercial Edible Food Generators
(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 California Code of Regulations
Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing
for food to be provided by others, shall require Food Facilities operating at the Large Venue or
Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following
requirements:
(1) Arrange to recover the maximum amount of Edible Food that would
otherwise be disposed.
(2) Contract with, or enter into a written agreement with, Food Recovery
Organizations or Food Recovery Services for: (i) the collection of Edible Food for
Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible
Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered
by a Food Recovery Organization or a Food Recovery Service.
(4) Allow City's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant to 14
California Code of Regulations Section 18991.4.
(5) Keep records that include the following information, or as otherwise
specified in 14 California Code of Regulations Section 18991.4:
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(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 Califomia Code of Regulations Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14
Califomia Code of Regulations, Section 18991.3(b).
(C) A record of the following information for each of those Food
Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food
Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to
the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or
self- hauled.
(iv) The quantity of' food, measured in pounds recovered per
month, collected or self-hauled to a Food Recovery Service or
Food Recovery Organization for Food Recovery.
(6) Commencing no later than February 1, 2022 for Tier One Commercial
Edible Food Generators and February 1, 2024 for Tier Two Commercial Edible
Food Generators, Commercial Edible Food Generators shall provide a quarterly
Food Recovery report to the City that includes the information required in 14
Califomia Code of Regulations Section 18991.4 "Record Keeping Requirements
for Commercial Edible Food Generators."
(d) Nothing in this section 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.
8.22.060 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
California Code of' Regulations Section I8991.3(b), shall maintain the following records, or as
otherwise specified by 14 California Code of Regulations 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
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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
California Code of Regulations Section 18991.3(b), shall maintain the following records, or as
otherwise specified by 14 California Code of Regulations 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) Commencing January 1, 2022, 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
California Code of Regulations Section 18991.3(b) shall report to the City the total pounds of'
Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial
Edible Food Generators they have established a contract or written agreement with pursuant to
14 California Code of Regulations Section 18991.3(b), as applicable.
(d) In order to support Edible Food Recovery capacity planning assessments or other
studies conducted by the City that provides solid waste collection services or its designated entity,
Food Recovery Services and 1=ood Recovery Organizations operating in the City shall provide
information and consultation to the City, 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 shall respond to such request for information within 60 days, unless a shorter timeframe is
otherwise specified by the City.
(e) Commencing no later than January I, 2022. Food Recovery Services and
Organization shall provide a quarterly report to the City which includes the information required
in 14 California Code of' Regulations, Section 18991.5 "Food Recovery Services and
Organizations.
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8.22.070 Requirements for Haulers and Facility Operators and Community Compositing
Operations
(a) Requirements for Haulers
(1) The franchise hauler providing residential, Commercial, or Industrial
Organic Waste collection services to generators within the City's
boundaries shall meet the following requirements and standards as a
condition of approval of a contract, agreement, or other authorization with
the City to collect Organic Waste:
(A) Through written notice to the City annually on or before January
IS`. identifv the facilities to which they will transport Organic
Waste including the facilities for Source Separated Recyclable
,laterials and Source Separated Green Container Organic Waste,
as applicable.
(B) Transport Source Separated Recyclable Materials and Source
Separated Green Container Organic Waste to a facility, operation,
activity, or property that recovers Organic Waste as defined in 14
California Code of Regulations, Division 7, Chapter 12, Article 2.
(C) Obtain approval from the City to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community
Composting site or lawfully transporting C&D in a manner that
complies with 14 California Code of Regulations.
(D) Section 18989.1 and the Huntington Beach Municipal Code.
(E) The franchise hauler shall comply with education, equipment,
signage, container labelling, container color, contamination
monitoring, reporting, and other requirements contained within its
Franchise Agreement, as may be amended from time to time.
(F) Notwithstanding any the foregoing, nothing in this Chapter shall
restrict or otherwise prohibit the franchise hauler from meeting its
compliance requirements by any alternative methods or
procedures, provided it complies with SB 1383, the SB 1383
Regulations, and/or any other applicable law, as may be amended
from time to time.
(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 the City's
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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 shall respond within 60
days.
(2) Community Composting operators, upon the City's request, shall provide
information to the City to support Organic Waste capacity planning,
including, but not limited to, an estimate of the amount of Organic Waste
anticipated to be handled at the Community Composting operation.
Entities contacted by the City shall respond within 60 days.
8.22.080 Procurement Requirements for City Departments, Direct Service Providers, and
Vendors
Procurement Requirements for City departments, direct service providers, and vendors
shall be as set forth in Section 3.02.165 and all other applicable City procurement policies.
8.22.090 Compliance with CALGreen Recycling Requirements
Persons applying for a permit from the City for new construction and building additions
and alternations shall also comply with the requirements of Section 17.52.020.
8.22.100 Model Water Efficient Landscaping Ordinance Requirements
"As applicable, all persons and/or entities subject to the MWELO shall comply with
Sections 492.6(a)(3)(B), (C), (D), and (G), as amended September 15, 2015. The MWELO
compliance items listed herein are not an inclusive list of MWELO requirements; therefore,
property owners or their building or landscape designers that meet the threshold for MWELO
compliance outlined herein shall consult the full MWELO for all requirements.
If after the adoption of this Chapter, the California Department of Water Resources, or
its successor agency, amends 23 California Code of Regulations Sections 492.6(a)(3)(B), (C),
(D), and (G) in a manner that requires the City to incorporate the requirements of an updated
MWELO in a local ordinance, and the amended requirements are more stringent than those
required in this section, the revised requirements shall be enforced.
8.22.1 10 Inspections and Investigations by the City
(a) City representatives and/or its designated entity, including Designees, are
authorized to conduct Inspections and investigations, at random or otherwise, of any collection
container, collection vehicle loads, or transfer, processing, or disposal facility for materials
collected from generators, or Source Separated materials to confirm compliance with this
Chapter, subject to applicable laws. This Section does not allow City to enter the interior of a
private residential property for Inspection. I-or the purposes of inspecting Commercial Business
containers for compliance for this Chapter, the City may conduct container Inspections for
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Prohibited Container Contaminants using Remote Monitoring and Commercial Businesses shall
accommodate and cooperate with the Remote Monitoring where applicable.
(b) Regulated entity shall provide or arrange for access during all Inspections (with
the exception of residential property interiors) and shall cooperate with City's employees or its
designated entity/Designee during such Inspections and investigations. Such Inspections and
investigations may include confirmation of proper placement of materials in containers, Edible
Food Recovery activities, records, or any other requirement of this Chapter described herein.
Failure to provide or arrange for: (i) access to an entity's premises: or (ii) access to records for
any Inspection or investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained by a City 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 designated entity, and/or Designee are authorized to
conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to
further the goals of this Chapter, subject to applicable laws.
(e) The City shall receive written complaints from persons regarding an entity that
may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints.
8.22.120 Rules and Regulations
The Director shall make such rules and regulations as may be necessary and proper to
enforce the provisions of this Chapter. A copy of any rule or regulation promulgated by the
Director shall be provided to the City Council.
8.22.130 Enforcement
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of
a Notice of Violation and assessment of a fine by a City Enforcement Official or representative.
Enforcement Actions under this Chapter are issuance of an administrative citation and assessment
of a tine. The City's procedures on imposition of administrative fines are hereby incorporated in
their entirety, as modified from time to time, and shall govern the imposition, enforcement,
collection, and review of administrative citations issued to enforce this Chapter and any rule or
regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
(b) Other remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek
recovery of unpaid administrative citations. The City may choose to delay court action until such
time as a sufficiently large number of violations, or cumulative size of violations exist such that
court action is a reasonable use of City staff and resources.
(c) Enforcement pursuant to this Chapter may be undertaken by the Enforcement
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Official, which may be the city manager or their designated entity, legal counsel, or combination
thereof.
(d) Process for Enforcement
(1) Enforcement Officials and/or their Designee will monitor compliance with
this Chapter randomly and through Compliance Reviews, Route Reviews,
investigation of' complaints, and an Inspection program, which may include
Remote Monitoring.
(2) The City may issue an official notification to notify regulated entities of
its obligations under this Chapter.
(3) For incidences of Prohibited Container Contaminants found in containers,
the City will issue a Notice of Violation to any generator found to have Prohibited
Container Contaminants in a container. Such notice will be provided via a cart tag
or other communication immediately upon identification of the Prohibited
Container contaminants or within five days after determining that a violation has
occurred. If the City or its authorized Designee observes Prohibited Container
Contaminants in a generators containers on three consecutive occasions within a
six-month time period, the City may assess contamination processing fees or
contamination penalties on the generator.
(4) With the exception of violations of generator contamination of container
contents, the City shall issue a Notice of Violation requiring compliance within
60 days of issuance of'the notice.
(5) Absent compliance by the respondent within the deadline set forth in the
Notice of' Violation, the City shall commence an action to impose penalties, via
an administrative citation and fine, pursuant to Chapter 1.18 of the Huntington
Beach Municipal Code.
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
(1) For a first violation. the amount of the penalty shall be $100 per violation.
(2) For a second violation, the amount of the penalty shall be $200 per
violation.
(3) For a third or subsequent violation. the amount of the penalty shall be
$500 per violation.
(f) Compliance Deadline Extension Considerations
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The City may extend the compliance deadlines set forth in a Notice of Violation issued if
it finds that there are extenuating circumstances beyond the control of the respondent that make
compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, Flooding, and other
emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency
approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food
Recovery capacity and the City is under a corrective action plan with CalRecycle
pursuant to 14 California Code of Regulations Section 18996.2 due to those
deficiencies.
(g) 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 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.
(h) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City 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 determines that
Organic Waste Generator, hauler, Tier One Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance, it shall provide
educational materials to the entity describing its obligations under this Chapter and a notice that
compliance is required by January 1. 2022, and that violations may be subject to administrative
civil penalties starting on January 1, 2024.
(i) Civil Penalties for Non-Compliance
Beginning January 1, 2024. or an extended date set by CalRecycle if the City determines
that an Organic Waste Generator, hailer, Tier One or Tier Two Commercial Edible Food
Generator, hauler, Food Recovery Organization, Food Recovery Service, or other entity is not in
compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice
of Violation, and take Enforcement Action pursuant to this Chapter and state law, as needed."
SECTION 5. CEQA. SB 1383 Regulations were the subject of a program environmental
impact report (EIR) prepared pursuant to the California Environmental Quality Act (CEQA). The
proposed amendments to Chapter 8.21 of the HBMC are consistent with the SB 1383
Regulations and the Program FIR. No mitigation measures identified in the Program EIR are
applicable to the City's enactment of the proposed ordinance amendments. Moreover, none of
20
ORDINANCE NO. 4247
the conditions requiring a subsequent or supplemental EIR, as described in Public Resources
Code Section 21166 and California Environmental Quality Act(CEQA) Guidelines Sections
15162 and 15163, have occurred. Additionally, the proposed ordinance is exempt from CEQA
pursuant to Section 15308, Class 8 of the CEQA Guidelines as an action that will not have a
significant impact on the environment and as an action taken by a regulatory agency for the
protection of the environment, specifically, for the protection of the climate. No unusual
circumstances exist that would cause the proposed ordinance to have a significant effect on the
environment.
SECTION 6. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the /IY*day of 20_zz
—e*A Mayor
ATTEST: APPROVED AS TO F
'&�444d
City Clerk Ity A ey At,
REVIE D AN APPROVED: INITIATE AND APP
City anager Director of Public orks
21
Ord. No. 4247
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
L ROBIN ESTANISLAU. the duly elected, qualified City Clerk of the
City of Huntington Beach. and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on December 21, 2021, and was again read to said City
Council at a Regular meeting thereof held on January 18, 2022, and was passed and
J adopted,by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Peterson, Bolton. Posey, Delgleize, Carr, Moser, Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
I.Robin Eslanislau,CITY CLERK of the City of
I luntington Beach and ex-oficio Clerk of the Cin'
Council,do hereby certify that a synopsis of this
ordinance has been published in the I luntington Beach
In accordance with the City Charter of said City.
Robin Estanislau Citv Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach. California