HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4245 Amending Ch 3.02 20M Main street,
Huntington Beach,CA
City of Huntington Beach 92848
File #: 21-1016 MEETING DATE: 1/18/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Adopt Ordinance No. 4245 amending Ch. 3.02 of the Huntington Beach Municipal Code,
Ordinance No. 4246 adding Ch. 17.52 to the Huntington Beach Municipal Code, and Ordinance
No. 4247 amending Chapter 8.21 and adding Ch. 8.22 of the Huntington Beach Municipal to
comply with State Mandated Organics Collection and Recycling Services, Edible Food
Recovery. and Procurement As Required by CalRecycle
Approved for Introduction December 21 , 2021 - Vote: 7-0
Statement of Issue:
Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) codifies and creates regulations that local
jurisdictions must implement to achieve reduction in the emission of greenhouse gas from solid
wastes, specifically organic materials. Under these regulations, by January 1, 2022 the City of
Huntington Beach is required to adopt an ordinance that establishes the mandated organics
collection service requirements and enforcement protocols, including a schedule of fines for non-
compliant entities. The proposed ordinances provide the mandated updates to the Huntington Beach
Municipal Code.
Financial Impact:
There is no immediate financial impact as a result of this action. There may eventually be an increase
in revenue in FY 2023-2024 and beyond as enforcement programs are implemented. This would be
the result of fines issued to non-compliant entities. This revenue may be offset by the expense of
enforcing the regulations.
Recommended Action:
A) Adopt Ordinance No. 4245, "An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 3.02 of the Huntington Beach Municipal Code Purchase of Goods and Services;"
and,
B) Adopt Ordinance No. 4246, "An Ordinance of the City Council of the City of Huntington Beach
Adding Chapter 17.52 to the Huntington Beach Municipal Code Green Building Standards Code;"
City of Huntington Beach Page 1 of 4 Printed on 1/12/2022
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File #: 21-1016 MEETING DATE: 1/18/2022
and,
C) Adopt Ordinance No. 4247, "An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 8.21 of the Huntington Beach Municipal Code Refuse Management and Adding
Chapter 8.22 Mandatory Organic Waste Disposal Reduction."
Alternative Action(s):
Do not approve one or more of the above actions. Direct staff to proceed differently.
Analysis
Several years ago, Governor Brown signed into law SB 1383. the Short-lived Climate Pollutant
Reduction Act of 2016, the most significant waste reduction mandate adopted in California in 30
years. The law focuses on reduction of methane waste, which is known as a climate "super
pollutant." Landfills are the third largest source of methane in the state due to the decomposition of
organic waste (i.e., food scraps, yard trimmings, paper, and cardboard), which makes up
approximately half of total landfill disposal. Accordingly, SB 1383 established methane emissions
reduction targets to reduce emissions of short-lived climate pollutants (SLCP) as follows:
• A 50% reduction in statewide disposal of organic waste from 2014 levels by 2020.
• A statewide 75% reduction in organic waste to the landfill from 2014 levels by 2025, which
equates to over 20 million tons annually.
• 20% recovery of edible food currently disposed for distribution to hungry people by 2025.
SB 1383 also required CalRecyle to develop regulations to implement the law. On November 3,
2020, the California Office of Administrative Law approved lengthy, specific and comprehensive
regulations that stipulate the implementation of residential and commercial organics recovery
programs and make local jurisdictions responsible to ensure 100% compliance. Under these
regulations, the City is responsible for:
• Evaluating its readiness and capacity to implement SB 1383, including organics collection,
recycling, and edible food recovery capacity.
• Providing organic waste collection to all residents and businesses, which means providing
service automatically and not relying on the generator to subscribe or `opt-in."
• Establishing an edible food recovery program that recovers edible food from the waste stream.
• Conducting outreach and education to all affected parties, including generators, haulers,
facilities, edible food recovery organizations and city/county departments.
• Procuring recycled organic waste products such as compost, mulch, renewable natural gas,
and electricity. However, procuring does not necessarily mean purchasing.
• Inspecting and enforcing compliance with SB 1383.
• Maintaining accurate and timely records of SB 1383 compliance.
Finally, and as relevant here, the City is also required to adopt an ordinance or similarly enforceable
mechanism to implement relevant provisions of the SB 1383 regulations by January 1, 2022.
CalRecycle provides the regulatory oversight for SB 1383 programs and compliance. Failure to enact
City of Huntington Beach Page 2 of 4 Printed on 111212022
owrerc2t3 Leg,siar-
File #: 21-1016 MEETING DATE: 1/18/2022
and undertake all SB 1383 responsibilities will result in CalRecycle taking compliance action, which
may include fines up to $10,000 per day. Due to various implementation setbacks experienced
statewide during the COVID-19 pandemic, CalRecycle has indicated its intention to work with
jurisdictions who are still implementing their SB 1383 programs in 2022. However, CalRecycle has
also recently indicated that it is imperative for jurisdictions to, at a minimum, have the appropriate
ordinances and enforcement mechanisms in place by January 2022.
The ordinances being introduced provide for the following changes to the Huntington Beach
Municipal Code:
• Ordinance No. 4245 amends Ch. 3.02 Purchases of Goods and Services to enact
procurement measures for recycled content paper and recycled compost and mulch.
• Ordinance No. 4246 adds Ch. 17.52 containing the CALGreen provisions for adequate space
for recycling storage and collection and for construction and demolition recycling to comply
with SLCP requirements for a locally enforceable measure.
— Ordinance No. 4247 adds Ch. 8.22 Mandatory Organics Waste Disposal to the Huntington
Beach Municipal Code containing a framework for all newly mandated organics services,
inspection, and enforcement; and amends Ch. 8.21 Refuse Management to align definitions
with the new regulations along with minor cleanup language.
Once the ordinances are adopted, the City will be able to provide an organics collection service to all
residents and businesses. To that end, Public Works staff has been working with a solid waste
consultant, HF & H, to develop and negotiate comprehensive franchise agreement updates with
Republic Services. Based on preliminary proposals, it is anticipated that Republic will provide a
collection program that includes food scraps mixed with landscape materials. For our residential
service customers this will work within the framework of our existing 3-container collection system.
For businesses and multifamily customers with commercial bins, most will transition to 3-container
service for recycling, organics, and trash. All residents and businesses will be required to have the
proper containers and to separate their organic materials accordingly.
In order to facilitate the implementation process, the SLCP regulations allow the City to take an
educational, rather than punitive approach to enforcement during through 2023. Staff is developing
social media and other educational outreach material in anticipation of programs commencing in
2022. The City must begin taking punitive action against non-compliant entities beginning on January
1, 2024.
These proposed amendments and additions to the Huntington Beach Municipal Code will provide the
mandated programs and services and enforcement of same as set forth in CalRecycle's SLCP
regulations. Staff is recommending City Council approval of this item.
Environmental Status:
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 the
Huntington Beach Municipal Code are consistent with the SB 1383 Regulations and the Program
EIR. No mitigation measures identified in the Program EIR are applicable to the City's enactment of
City of Huntington Beach Page 3 of 4 Printed on 1/12/2022
10were214 Leg,staC.
File #: 21-1016 MEETING DATE: 1/18/2022
the proposed ordinance amendments. Moreover, none of 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.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(§):
1. Ordinance No. 4245. An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 3.02 of the Huntington Beach Municipal Code Purchase of Goods and
Services
2. Ordinance No. 4246, An Ordinance of the City Council of the City of Huntington Beach Adding
Chapter 17.52 to the Huntington Beach Municipal Code Green Building Standards Code
3. Ordinance No. 4247, An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 8.21 of the Huntington Beach Municipal Code Refuse Management and
Adding Chapter 8.22 Mandatory Organic Waste Disposal Reduction
4. PowerPoint Presentation
City of Huntington Beach Page 4 of 4 Printed on 1/12/2022
powere215 Legmiar'°
„ LteKg
2000 Main Street,
Huntington Beach, CA
92648
City of Huntington Beach ,eDVM/tI12-WXMV MAI
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File #: 21-847 MEETING DATE: 12/21/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Approve for Introduction Ordinance No. 4245 amending Ch. 3.02 of the Huntington Beach
Municipal Code. Ordinance No. 4246 adding Ch. 17.52 to the Huntington Beach Municipal
Code, and Ordinance No. 4247 amending Chapter 8.21 and adding Ch. 8.22 of the Huntington
Beach Municipal to comply with State Mandated Organics Collection and Recycling Services,
Edible Food Recovery, and Procurement As Required by CalRecycle
Statement of Issue:
Senate Bill 1383 (Lara. Chapter 395. Statutes of 2016) codifies and creates regulations that local
jurisdictions must implement to achieve reduction in the emission of greenhouse gas from solid
wastes, specifically organic materials. Under these regulations, by January 1 , 2022 the City of
Huntington Beach is required to adopt an ordinance that establishes the mandated organics
collection service requirements and enforcement protocols. including a schedule of fines for non-
compliant entities. The proposed ordinances provide the mandated updates to the Huntington Beach
Municipal Code.
Financial Impact:
There is no immediate financial impact as a result of this action. There may eventually be an increase
in revenue in FY 2023-2024 and beyond as enforcement programs are implemented. This would be
the result of fines issued to non-compliant entities. This revenue may be offset by the expense of
enforcing the regulations.
Recommended Action:
A) Approve for Introduction Ordinance No. 4245. "An Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 3.02 of the Huntington Beach Municipal Code Purchase of
Goods and Services,” and,
B) Approve for Introduction Ordinance No. 4246. "An Ordinance of the City Council of the City of
Huntington Beach Adding Chapter 17.52 to the Huntington Beach Municipal Code Green Building
Standards Code." and,
City of Huntington Beach Page t of 4 Printed ioln.�12J I W021
C FP 946 Le.]Sfa'"
File #: 21-847 MEETING DATE: 12/21/2021
C) Approve for Introduction Ordinance No. 4247, "An Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Refuse
Management and Adding Chapter 8.22 Mandatory Organic Waste Disposal Reduction."
Alternative Action(s):
Do not approve one or more of the above actions. Direct staff to proceed differently.
Analysis
Several years ago, Governor Brown signed into law SB 1383, the Short-lived Climate Pollutant
Reduction Act of 2016, the most significant waste reduction mandate adopted in California in 30
years. The law focuses on reduction of methane waste, which is known as a climate "super
pollutant." Landfills are the third largest source of methane in the state due to the decomposition of
organic waste (i.e., food scraps, yard trimmings, paper, and cardboard), which makes up
approximately half of total landfill disposal. Accordingly, SB 1383 established methane emissions
reduction targets to reduce emissions of short-lived climate pollutants (SLCP) as follows:
• A 50% reduction in statewide disposal of organic waste from 2014 levels by 2020.
• A statewide 75% reduction in organic waste to the landfill from 2014 levels by 2025, which
equates to over 20 million tons annually.
• 20% recovery of edible food currently disposed for distribution to hungry people by 2025.
SB 1383 also required CalRecyle to develop regulations to implement the law. On November 3,
2020, the California Office of Administrative Law approved lengthy, specific and comprehensive
regulations that stipulate the implementation of residential and commercial organics recovery
programs and make local jurisdictions responsible to ensure 100% compliance. Under these
regulations, the City is responsible for:
• Evaluating its readiness and capacity to implement SB 1383, including organics collection,
recycling, and edible food recovery capacity.
• Providing organic waste collection to all residents and businesses, which means providing
service automatically and not relying on the generator to subscribe or "opt-in."
• Establishing an edible food recovery program that recovers edible food from the waste stream.
• Conducting outreach and education to all affected parties, including generators, haulers,
facilities, edible food recovery organizations and city/county departments.
• Procuring recycled organic waste products such as compost, mulch, renewable natural gas,
and electricity. However, procuring does not necessarily mean purchasing.
• Inspecting and enforcing compliance with SB 1383.
• Maintaining accurate and timely records of SB 1383 compliance.
Finally, and as relevant here, the City is also required to adopt an ordinance or similarly enforceable
mechanism to implement relevant provisions of the SB 1383 regulations by January 1, 2022.
CalRecycle provides the regulatory oversight for SB 1383 programs and compliance. Failure to enact
and undertake all SB 1383 responsibilities will result in CalRecycle taking compliance action, which
City of Huntington Beach Page 2 of 4 Printed on 12/15/2021
o .e,W..46 Leg,sta,I-
File #: 21-847 MEETING DATE: 12/21/2021
may include fines up to $10,000 per day. Due to various implementation setbacks experienced
statewide during the COVID-19 pandemic, CalRecycle has indicated its intention to work with
jurisdictions who are still implementing their SB 1383 programs in 2022. However, CalRecycle has
also recently indicated that it is imperative for jurisdictions to, at a minimum, have the appropriate
ordinances and enforcement mechanisms in place by January 2022.
The ordinances being introduced provide for the following changes to the Huntington Beach
Municipal Code:
• Ordinance No. 4245 amends Ch. 3.02 Purchases of Goods and Services to enact
procurement measures for recycled content paper and recycled compost and mulch.
• Ordinance No. 4246 adds Ch. 17.52 containing the CALGreen provisions for adequate space
for recycling storage and collection and for construction and demolition recycling to comply
with SLCP requirements for a locally enforceable measure.
— Ordinance No. 4247 adds Ch. 8.22 Mandatory Organics Waste Disposal to the Huntington
Beach Municipal Code containing a framework for all newly mandated organics services,
inspection, and enforcement; and amends Ch. 8.21 Refuse Management to align definitions
with the new regulations along with minor cleanup language.
Once the ordinances are adopted, the City will be able to provide an organics collection service to all
residents and businesses. To that end, Public Works staff has been working with a solid waste
consultant, HF & H, to develop and negotiate comprehensive franchise agreement updates with
Republic Services. Based on preliminary proposals, it is anticipated that Republic will provide a
collection program that includes food scraps mixed with landscape materials. For our residential
service customers this will work within the framework of our existing 3-container collection system.
For businesses and multifamily customers with commercial bins, most will transition to 3-container
service for recycling, organics, and trash. All residents and businesses will be required to have the
proper containers and to separate their organic materials accordingly.
In order to facilitate the implementation process, the SLCP regulations allow the City to take an
educational, rather than punitive approach to enforcement during through 2023. Staff is developing
social media and other educational outreach material in anticipation of programs commencing in
2022. The City must begin taking punitive action against non-compliant entities beginning on January
1, 2024.
These proposed amendments and additions to the Huntington Beach Municipal Code will provide the
mandated programs and services and enforcement of same as set forth in CalRecycle's SLCP
regulations. Staff is recommending City Council approval of this item.
Environmental Status:
SIB 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 the
Huntington Beach Municipal Code are consistent with the SIB 1383 Regulations and the Program
EIR. No mitigation measures identified in the Program EIR are applicable to the City's enactment of
the proposed ordinance amendments. Moreover, none of the conditions requiring a subsequent or
City of Huntington Beach Page 3 of 4 Printed on 12/15/2021
oowe,W.47i Legmsar"
File #: 21-847 MEETING DATE: 12/21/2021
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.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(§):
1. Ordinance No. 4245, An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 3.02 of the Huntington Beach Municipal Code Purchase of Goods and
Services
2. Ordinance No. 4246, An Ordinance of the City Council of the City of Huntington Beach Adding
Chapter 17.52 to the Huntington Beach Municipal Code Green Building Standards Code
3. Ordinance No. 4247, An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 8.21 of the Huntington Beach Municipal Code Refuse Management and
Adding Chapter 8.22 Mandatory Organic Waste Disposal Reduction
4. PowerPoint Presentation
City of Huntington Beach Page 4 of 4 Printed on 1G2/15/2021
powerl,74y Legistar-
ORDINANCE NO. 4245
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 3.02 OF THE HUNTINGTON BEACH MUNICIPAL CODE
PURCHASE OF GOODS AND SERVICES
WHEREAS, 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
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 of2016, 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,
self-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.
WHEREAS, SB1383 regulations require the City to adopt procurement requirements for
purchasing paper and landscape services.
1
21-10408/271946
ORDINANCE NO. 4245
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 3.02.025 is hereby amended adding new definitions in alphabetical
order, to read as follows, with all other definitions remaining the same:
"Direct Service Provider" means a person, company, agency, district, or other entity that
provides a service or services to the City pursuant to a contract or other written agreement
"Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping,
packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.
"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.
"Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists
of at least 30 percent, by fiber weight, postconsumer fiber.
SECTION 2. Chapter 3.020.165 is hereby added to read as follows:
"3.02.165 SB 1383 Procurement Requirements
(A) Any direct service provider of landscaping, maintenance, renovation, and
construction shall comply with the City's SB 1383 Procurement requirements.
(1) Use Compost and SB 1383 Eligible Mulch, as practicable, produced from
recovered Organic Waste, for all landscaping renovations, construction, or
maintenance performed for the City, whenever available, and capable of
meeting quality standards and criteria specified. SB 1383 Eligible Mulch
used for land application shall comply with 14 CCR, Division 7, Chapter
12, Article 12 and must meet or exceed the physical contamination,
maximum metal concentration and pathogen density standards specified in
14 CCR Section 17852(a)(24.5)(A)(1) through (')).
(2) Keep and provide records of Procurement of Recovered Organic Waste
Products (either through purchase or acquisition) to City, upon completion
of projects. Information to be provided shall include:
a. General description of how and where the product was used and if
applicable, applied;
b. Source of product, including name, physical location, and contact
information for each entity, operation, or facility from whom the
Recovered Organic Waste Products were procured;
C. Type of product;
d. Quantity of each product; and,
2
21-10408/271946
ORDINANCE NO. 4245
e. Invoice or other record demonstrating purchase or procurement.
(B) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled-Content Paper Products
and Recycled-Content Printing and Writing Paper that consists of at least
30 percent, by fiber weight, postconsumer fiber instead of non-recycled
products whenever recycled Paper Products and Printing and Writing Paper
are available at the same or lesser total cost than non-recycled items.
(2) Provide Paper Products and Printing and Writing Paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
Q) Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing Paper
offered or sold to the City. This certification requirement may be waived if
the percentage of postconsumer material in the Paper Products, Printing and
Writing Paper, or both can be verified by a product label, catalog, invoice,
or a manufacturer or vendor internet websitc.
(4) Certify in writing, on invoices or receipts provided, that the Paper Products
and Printing and Writing Paper offered or sold to the City is eligible to be
labeled with an unqualified recyclable label as defined in 16 Code of
Federal Regulations (CFR) Section 260.12 (2013).
(5) Provide records to the City or its Designee of all Paper Products and Printing
and Writing Paper purchases within thirty (30) days of the purchase (both
recycled-content and non-recycled content, if any is purchased) made by
any division or department or employee of the City. Records shall include
a copy (electronic or paper) of the invoice or other documentation of
purchase, written certifications as required in Sections 3.12.165(b)(3) and
3.12.165(b)(4) for recycled-content purchases, purchaser name, quantity
purchased, date purchased, and recycled content (including products that
contain none), and if non-recycled content Paper Products or Printing and
Writing Papers are provided, include a description of why Recycled-
Content Paper Products or Printing and Writing Papers were not provided.
3
21-10408/271946
ORDINANCE NO. 4245
SECTION 3. 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 1-IBMC are consistent with the SB 1383 Regulations
and the Program EIR. No mitigation measures identified in the Program EIR are applicable to the
City's enactment of the proposed ordinance amendments. Moreover, none of the conditions
requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21 166
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 4. 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 Af day of k�—JA U—e4 20
&*M,
or
Arl-EST: ;APPRO1V1rED AS TO -'ORM:
City Clerk. noney 4� 1 f 1
REV FED AN APPROVED: INITIATED AND APP ED:
City i 9anager Director of Public orks
4
21-10408/271946
Ord. No. 4245
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I. ROBIN ESTANISLAU, the duly elected; qualified Cite 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
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 Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wage on January 27,2022.
In accordance with the City Charter of said City.
Robin Estanislau Cit- Clerk City Cl rk and ex-officio Clerk
Deputy Citv Clerk of the City Council of the City
of Huntington Beach. California
LEGISLATIVE DRAFT
HBMC CHAPTER 3.02
3.02.025 Definitions
Bid or Proposal Documents. The documents. including their attachments and addenda. which set forth
instructions to bidders or proposers, and are disseminated for the purpose of soliciting bids or proposals.
Citv Manager. The Cite Nlanager or his/her designee.
City Employee. An individual who performs services for the City in the capacity of an elected or
appointed official, or as a compensated employee of the City or of a temporary services agency retained
by the City. "City employee' does not include independent contractors.
Contract. Agreements, regardless of what they may be labeled. between the City and one or more other
parties for the purchase or disposition of goods and/or services.
C9ntract4rLYcndttrL uRRlier�1n 2' y t�ltas emtercS11nt2atLaR[cement with_tbe_Cjty the
proyisiQn Qr dislZgsitign_Qf goods and/Qr_services.
Direct Service Provider means a person,company,agency. district,or other entity that provides a service
or services to the City pursuant to a contract or other %vriticn agreement.
Environmentally Preferred Purchasing(EPP). The current LPP Best practices Guide to assist in the
procurement of-services. goods and materials that have the lowest life cycle cost-, and provide the basis for
securing environmentally friendly and sustainable purchasing practices.
Finance Director. The Finance Director or his or her designee.
Financial Interest.
I. Ownership of any interest or involvement in any relationship from which, or as a result of
which, a person has received compensation within the past year. or is entitled to. or is currently receiving
compensation:
2. Ownership. whether wholly or in pan, of any properly or business: or
3. Status as an officer, director. tnistce, partner, employee. or manager of a business.
Goods. Articles moveable at the time of sale, including but not limited to equipment, supplies and
materials.
Gratuity. A cif . payment, loan, advance, deposit of money. or service, presented or promised in return
for or in anticipation of favorable consideration in the procurement process. "Gratuity' does not include
the compensation paid by or due from the City or from a temporary service agency under contract with
the City to an employee in connection with the employee's services for the City.
Immediate Family. Any spouse, child, stepchild. parent or stepparent of City employee. The
relationship of parent to child includes both natural and adoptive relationships.
Local Business. A business entity with one or more fixed offices and/or locally taxable distribution
points within the boundaries of the City of Huntington Beach which holds a current and valid City
business license with a 1-luntineton Beach business street address.
Dlaintenance and Repair Services. Services intended to preserve and/or restore a public work to a clean.
safe, efficient and/or continualh' usable condition. Maintenance and repair services may include, but are
not limited to: carpentry, electrical, painting, plumbing, glazing and other craliwork to preserve a facility
in the condition for which it was intended: repairs. cleaning and other operations on machinery and other
equipment permanently attached to a facility as fixtures: the mowing, pruning. and trimming of lawns.
grass. trees. shrubs, bushes and hedges; and the regular removal or relocation of by-products or waste
products accumulated at City facilities as the result of ongoing environmental processes.
Paper I'rQtlacts_inclttde, but are-not limited tQ„pLip r.janitdrial cugplie�: cartons,�rappi 1 ackaging,
(ilc folders Jim tnging tip cQrrugatcd_LQxcg, tisStle,and to cling,
Person. Any individual, partnership, limited partnership. association, corporation, labor union,
committee, club, or governmental. public or quasi-public entity.
Printing and Writing-Pa ers include, but are not limited to, copy. xeroerapljiq \vatertiiarh
c4tt2n_fi�cr offset tQrm con un ter printout 2}�cr wl_litc wove envel_Q�e��nlanila cnve�nes,
bowl_pq�er n to dads, writing talzlets, new rp int, ,and other uncoated writing pa{�c ,pQ�tcr�
it>de card calendars, brochures, reports. mag<vines an_d hutZljcat one.
Procurement. The acquisition of goods and/or services by the City, including but not limited to
purchasing, rental or leasing, and all functions and procedures pertaining to such acquisitions.
Professional Services. Services that involve the exercise ol'professional discretion and independent
judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies
or experience. Such services include, but are not limited to. those provided by appraisers, architects.
attorneys, engineers. instructors. insurance advisors, physicians and other specialized consultants. The
procurement of professional services is governed by Chapter 3.03.
Recycled-Content Pan a ; and Writing Paper that consists of
at least_30 percent h�l:ilyerweioht postconsumer Ijhee
Responsible Bidder. A bidder determined by the awarding authority:
I. To have the ability. capacity. experience and skill to provide the goods and/or services in
accordance with bid specifications;
Z. To have the ability to provide the goods and/or services promptly. or within the time
specified. without delay:
3. To have equipment, facilities and resources of such capacity and location to enable the
bidder to provide the goods and/or services;
4. To be able to provide future maintenance. repair, parts and service for the use of the goods
purchased. ifappropriate:
5. To have a record of satisfactory or better performance under prior contracts with the Citv
and other purchasers where such bidder has previously been awarded such contracts;
6. To have complied with laws. regulations, guidelines and orders governing prior or existing
contracts perfomud by the bidder, if-applicable:
7. To meet the City standards for environmentally preferable procurement.
Responsive Bidder. A bidder determined by the Purchasing/Central Services Manager to have submitted
a bid or proposal which conforms in all material respects to the requirements ofthe bid or proposal
documents.
Services. Work performed or labor, time and effort expended by an independent contractor.
Specifications. A description of the physical or functional characteristics or of the nature of the required
goods and/or services.
Surplus Personal Property. Goods owned by the City which are no longer needed or which are obsolete
or unserviceable, property that is a by-product (scrap metal. used tires and oil. etc.), or any unclaimed.
sci-red or abandoned personal property in the possession or custody of the department of public safe[\
which may be legally disposed of by the City.
3.02.165 5B 1383 Procurement Requirements
(A) Aiiy direct_service_prot,ider_of landscaping,_maintenance,_reriQmation and_c4nstructiQi
shall comply with the Cit 's_sB_I�83_I_'rocuremcnt rcquircntcnts.
(1) Use_CQmp2st_and_Sl3 138LI ligibleandch, a practicable,-prQduced frQnt
reco-Kered—Q anic \lraste,_fQr_all_landscaping:rcn Lati4ns._conslruction Qr
maintenance performed_fQr_the_City, whcncyer_available, and_capable of meeting
quality_standard�-and_criter.ia_spccifjed._Sf3 1.3�83_Gligikle i�9ulch_usecl_fQr_laud
applicatiQn.shall cQmp v cvith_Ij_CSK.JD-ivisiQn_7,chapter t2 _Elrticic 12_aud.must
Meet_Qr_cxcccd the_physical_csntaniinatiQn,_ntaxinuun metal cQncentratiQn_and
pathogen_dcnsit,_standard s IZeciticd_in_I�l_CCK SectiQn_128�2(�_(2f.5)(A)_(.l)
IhrQL (3)_
U Kccp-and_prQ`fide_recQrds_of_I?rocurentent_QfRecQ_ycredQrganic W_aste_erQducts
(eithcr_thrQugh put:chase_Qr_acquisitiQn)_IQ Ciq,_upQn_completion Qf projects.
InfQrmatiQn iQ_bc_prQ<'idcd_shall_incltide:
I
. General descriptiQn_of how and where_lhc_product waZused_and if
applicable applies —
b. source_Qf prQductincluding_name,_lZhvsical IQcation _and cQntact
nl'ormatiort_for_each_entit,'._Qperation _Qr facility from whom the
Rcco_ycred organic Waste_I'rQdtict wcre_procured;
C. :I'ype al_prQduct
d. -�uantily_of'each_pr duct; and,
C. In3�Qice Qr_other rec.Qrd demgnstrating,purchase_Qr procurement,
(B) ill-Kcndors-prQ`�iding_Paper I'rQdttcts_and 1'rintingandWriting_Paler_shal17
(I) If fitness and quality_are_cquaLprQ>�ide_Kec�cled_CQntcm Paper_P' Qducts_and
Kec,,cled_CQntent_I'riming and Writing Paper that consists_Qf a[ least_3Qpereent,
by fi er weightpQstconsumer_kibcrinsicad_Qf non-recXScI _products whenever
recycled_Paper_I'roducts_and_Prinling_an(IWriting Paper_are_ayailablc at the_samc
Qr lesser total cpst_thati nQtu:ec):cIed items.
(2) PrQ�:ide_Paper 1'rQdncts_and I'rinting_and Writing Paper_that_mect_federal Trade
C.QmmissiQn recyclabilit} standard as_dcfincd_in_I.6_CQde of Uderal_KegulatiQns
(Cf K) Section_264.1.2.
(� Certif_mwriting under penalta'Qf IzerjunY,_lhe_minimum_percentage of
p_qstconsumer_uaterial_in_thc_japer PrQdnctrand_f'rinting and Writing Paper
offered-or sold to-the-City. This_certiticatiQn_requirement_ma)�.bcwaiyed_if the
percentage of postconsumcr ntatcrial in_thc_I'aper NrQdncts,_Priming and Writing
Paper, ur b_Qlh can h-eycrified by a prQduct_label,_catalQ',_illy e or a
manufacturer Qr%,endorinternet NKehsite.
(4) Qerlify in %viriting, Qi>_illQicc,,of recc ilg�lgc)N�idcd, that thc_Pi 1jeK P? Qduct`and
Printing and Writing I�aper_Off'cred or sold tQthe 'ity is eligible_to_he_lapcled with
an_unquali f icd.rccyclaplc laEZcl is dcf incd.in 1.6_C odc_Qf P_cdcral_Regu lalicros- C( ' RI
$ecliQn 2_0.1.2_(2 ].
(� P_rQ.N,icic recQrc]t—the Qit}_Qr itz ?csigncc_ and dPriminb and
\Uriling Paper purchascs tithin thirt,_(30) d'rys_of_thcpurchasc(hoth_rccyciccl-
contentttnd nQn_recycled_cQnlcnt,_ifany_is_purchased _made_Iz1_any_division_Qr
department Qr cmplgyec-Qf the�ity.aRe_cord shall_inclgdc a cQPS=(elcclr.Rnic or
paper)_Qt,tile illQicc_or Qther_documcntation_Qf purcha e, written—certifications-as
reduired_in_$ections_a.1.2J.6�(�(�_and �..12.1_Cz2(�(�_for recycled-content
purchase,j,_jzurchaser name,cEuanlity purchased, cllale purchased,_ancl_ipcyeled
content (including,p rod ucts that contain-noire),-and_ifnon-recycled content Paper
PrQducls— r I'rintingand Writing Papersarc_IZr2tided,-inclgdeadcscriptiQn QftVh3'
Recycled-C-omcnt_!'aper_I'rQducts Qr Printing and �Uriling )al were_not
pmyided.
ORDINANCE NO. 4246
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 17.52 TO THE HUNTINGTON BEACH MUNICIPAL CODE GREEN
BUILDING STANDARDS CODE
WHEREAS, 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
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 Cite to implement a mandatory commercial
organics recycling program; and
WHEREAS, SB li83,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,
self-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.
The City Council of the City of Huntington Beach does hereby ordain as follows:
1
21-10408/271973
ORDINANCE NO. 4246
SECTION 1. Chapter 17.52.020 is hereby added to read as follows:
Chapter 17.52.020 Compliance with CALGreen Recycling Requirements
(A) For projects covered by CALGreen, the applicants must, as a condition of
the City's permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are
constructed on a building site, provide readily accessible areas that serve
occupants of all buildings on the site and are identified for the storage and
collection of Blue Container and Green Container materials, consistent
with the three- container collection program offered by the City, or
comply with provision of adequate space for recycling for iiMulti-Family
and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1,
and 5.410.1 of the California Green Building Standards Code; 24 CCR,
Part 1 1 as amended provided that the amended requirements are more
stringent than the CALGreen requirements for adequate recycling space
effective January 1, 2020.
(2) New Commercial construction or additions resulting in more than
30% of the floor area shall provide readily accessible areas identified for
the storage and collection of Blue Container and Green Container
materials, consistent with the three-container collection program offered
by the City, or shall comply with provision of adequate space for recycling
for Multi-Family and Commercial premises pursuant to Sections 4.408.1;
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards
Code; 24 CCR, Part 1 I as amended provided amended requirements are
more stringent than the CALGreen requirements for adequate recycling
space effective January I, 2020.
(3) Comply with CALGreen requirements and applicable law related
to management of construction and demolition debris (C&D), including
diversion of Organic Waste in C&D from disposal. Comply with City's
municipal code, and all written and published City policies and/or
administrative guidelines regarding the collection; recycling, diversion,
tracking; and/or reporting of C&D.
(B) Persons applying for a permit from the City for new construction and
building additions and alternations shall comply with all required components of CALGreen, as
amended, if its project is covered by the scope of CALGreen, as amended, July 1, 2019 and
effective January 1, 2020, including:
(1) Section 4.410.2 Recycling by Occupants Residential and Section
5.410.1 Recycling by Occupants Non-residential.
2
ORDINANCE NO. 4246
(2) For organic waste coruningled with construction and demolition
debris, Section 4.408.1 Construction Waste Management Residential and
Section 5.408.1 Construction Waste Management non-residential.
(3) If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2,
5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires
the City to incorporate the requirements in an updated local ordinance, and
the amended requirements are more stringent than those required in this
Section, the revised requirements of CALGreen Sections 4,408.1, 4.410.2,
5.408,1, and 5.410.1 shall be enforced.
SECTION 2. CEQA. SB 1383 Regulations were the subject of a program enviromnental
impact report (EIR) prepared pursuant to the California Environmental Quality .Act (CEQA). The
proposed amendments to Chapter 8.21 of the FIBMC are consistent with the SB 1383 Regulations
and the Program EIR. No mitigation measures identified in the Program FIR are applicable to the
City's enactment of the proposed ordinance amendments. Moreover, none of the conditions
requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21 166
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 3. Savings Clause. Neither the adoption of this Ordinance nor the repeal or
amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in
effect in the City, or within the territory comprising the City, shall constitute a waiver of any
license, fee or penalty or the penal provisions applicable to any violation of such ordinance.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the
decision of am, court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
3
ORDINANCE NO. 4246
PASSED AND ADOPTED by the CitV Council of the City of Huntington Beach at a
regular meeting thereof held on the day of %,�AA,1664eV 20LZZ
Mayor
ATTEST: nn -- APPROVED AS TO FORM:
City C, er r orney
REVIE\YF-D Ai APPROVED: INITIATED AND APPRO
City Nlanager Director of Public Works
4
Ord. No. 4246
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, 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 ,lanuary 18, 2022. and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Peterson; Bolton; Posey, Delgleize, Carr; Nloser, Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of
Huntington Beach and esof icio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on January 27, L/a[
In accaccordancewithh t thee City
y Chaser of said City.
Robin Estanislau, Citv Clerk City Clerk and ex-officio Clerk
Senior Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE D-RAET
HB.d.L_CHAP_TERAIM
17.52.020 Comphance with CALGreen ReM inp RequiCflments
(r\) Far gMiects covered b �V. �rcen t�hc aRnlicants mom, as a con_ditiQn of the
t�_s{2crmit_tu�r val comply with the fsll %vines - --
(1) AVhere five (�l or morej\,tulti-Family dwelling units arc constructed on a
building site,nrovide rea ily accessible areas that servcoccuR nts of all
buildings--Qn_the_site_and are_identitied for the sto rage and collection of
131ue Container and—Green Conminer_materials cQit igten_t with_the three-
container collection rr gram oflercd by the Citv or cgm�h, N�ith
Rrovision of adequate Race_f1r recvclin„ for l9ulti-I amity arid
Qonnnercial Rremise_SRurguant tg zections a.408.1, 1.410.2 5.408.I• and
5.4 of theQalfQa (cii i ig.Sats(LQc, 24 CQR rB d � �Part I t
as amended providcd that the zmcnded rcyuremcntsarc more stringciit
than the CAI,Grcen_rccRtirements for adequate rccvclinRtcc effective
Januanj{ 2Q22
(2) \'ew C4tnniercial_c_2nFtruct_i n r additions re Itin � if, n more than 3 /o of
the tl4or area shall_}�ro�L cce� ih_ere�st1t fed for thet a
is ora Deb and collection of 131ue Container and_Oteen Container rnaterials
consistent with the three-container collection program offered bY_thc QitY3
or shall cmi-i with provision of adequate pace for recclink for b4ulti-
Pam hand C�2mniercial_p-cmi�jesLpMrsuant to Secton 4.4 8.1 1.d10.2.
j .1 and 5.410.1 Qf the California Green_I3uilding tandard�(�de 24
CCR, Part 11 as anien_ded r vided amended rcyuiretnentL'i more
stringent than The AI Qrcen requirements for adequate rec�cling Rtce
effect ive_JanttarNLt, 2Q2-0
(3) om(zlvwithC t\LGreen_requircmentsand apRlicab-le_law related to
many germs pent of c�struction and dcm_ ohtiRn depns�CRD ittclttding
diversion of'Organic Waste in C -D (from disp sue]. Ftvth Cite
municipal cod yand all written and published Citolicies and/or
administrative guidelines re ak rd nt the cQllcctiQn_, rec�cling divcr_sio_n,
tracking and/or reportin ofg�&fZ
(13) PersQn�atZt��ing_1Qr a_2crmit_frorn the city for new construction and�itildina
addition and alternations_�hall cQmRlv\th all required c2tnMMIts-QfCAlsircenamended
if its RrUt
y_thc Scone ot_(L Qrcen a�atnendcd Jule1_, 2D-a, effective
.fanuar,_t, 2M including: _
(1) aect Qn 4.41Q_2 ( cjSjhng�;�cctjugjAsRcsi legtial_an-d`iecti n .41 .I
Reek, ingbyccu ants Non-rc5idcntial.
(2) q Qrganic waste conmingled with construction and demolition de ri
section 4.408.1 Construction Waste Management Rc$idential and ecti2n_d.40g•1_
onstructit n Wa c Ll neat inn-Le idcntial_ --
(3) Filter the aciQ2i�i�f th �haRter�cctiQn 4.4 8 1, 4.41 1,
and U.41Q1 f 'A_1,1reen_are_amend_edin_a manner that requirc the 'iri to
inc2rpQratc_11c requirements in an updated local ordinance. and the amended
requirements are nee strin}Tcnt thaw those re aired in thi . ection, the revi-MN
requirements of CALGrcen cctn 4.4 8.1 J.41Q? �.4 .I and �.410.1�hal_I
the e nforc e d_. --
ORDINANCE NO. 4247
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.21 OF THE HU'NTINGTON BEACH MUNICIPAL CODE
REFUSE MANAGEMENT AND ADDING CHAPTER 8.22 MANDATORY ORGANIC
WASTE DISPOSAL REDUCTION
WHEREAS, 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
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 IVILliti-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.
1
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 I8982(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 fixed 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 City 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 refine in a manner approved by the Director
and consistent with the provisions of Chapters 8.21 and 8.22."
ORDINANCE NO. 4247
SECfION 4. Chapter 8.22 is hereby added to read as follows:
Chapter 8.22 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
822.010 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 California 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 California Code of Regulations
Section 18982(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 riot 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.
"C&D" 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
3
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 113783 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
188155(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 188155(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 Ilea
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-Family 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 breakdovoi 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 Califomia 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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"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 Citv'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 intemet of things (IoT) and/or wireless
electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray
Containers for purposes of identifying the quantity of materials in containers(level of fill) 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 construction wastes, abandoned vehicles and parts thereof, discarded home and
industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not
hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded
solid and semisolid wastes, with the exception that Solid Waste does not include any of the
following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the
State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 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.
Nledical 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-Coin postable Paper, and textiles.
"Source Separated Recyclable Naterials" means Source Separated Non-Organic
Recyclables and Source Separated Blue Container Organic Waste.
"Supermarket" means a full-line, self-service retail store with gross amival 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.
"'Fier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square
feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
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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.
822.020 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 generator's containers and
frequency of collection to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials, and, Commercial
Businesses shall adjust their service level for their collection services as requested by the City.
(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, whicliever 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)(i) 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 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through
the collection service provided by 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 text 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 I,
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).
(0 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 Nlulti-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 18984.9(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 of occupation
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 18984.9(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 if 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 1(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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ORDINANCE NO. 4247
(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 California Code of Regulations Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14
California 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 infonmation required in 14
California 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 18991.3(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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ORDINANCE NO. 4247
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 !rood 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 Food 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 Commerciai 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 1, 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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ORDINANCE NO. 4247
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
1`, identify the facilities to which they will transport Organic
Waste including the facilities for Source Separated Recyclable
Materials 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 CRD 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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ORDINANCE NO. 4247
request, provide inforniation 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)(13), (C),
(D), and (G) in a mamter that requires the City to incorporate the requirements of an updated
NIWELO 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 l0 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. For the purposes of inspecting Commercial Business
containers for compliance for this Chapter, the City may conduct container Inspections for
17
ORDINANCE NO. 4247
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 fine. The City's procedures on imposition of administrative fines are hereby incorporated in
their entirety, as modified from time to time, and shall govern the imposition, enforcement,
collection. and review of administrative citations issued to enforce this 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
18
ORDINANCE NO. 4247
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 generator's 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 tMunicipal 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
19
ORDINANCE NO. 4247
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, hauler, 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 EIR. 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 EIl2, as described in Public Resources
Code Section 21 166 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 /dI*day of Vice.9at c/ 20,-&Z
Mayor
A-I--I-EST: APPROVED AS TO F 1:
City Clerk uy Att ney Mi
REVIEWED AN APPROVED: INITIA"IFE AND APP ?
City N anager Director of Public Forks
21
Ord. No. 4247
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, 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
adopted by the affinnative vote of at least a majority of all the members of said City
Council.
AYES: Peterson, Bolton, Posey, Delaleize, Carr, tNloser. Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of
Huntington Beach and es-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on January 27,2022.
In accordance with the City Charter of said City.
Robin Estanislau, Citv Clerk City Clerk and ex-officio Clerk
Senior Deputy Cin•Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
HBMC CHAPTER 8.21
8.21.010 Definitions
"Adequate service" means the combination of the number of-collections. the number of containers,
and the size of containers necessary so as not to cause the accumulation of refuse outside containers
or in excess of level full.
"Automated residential collection service" means the residential collection service by the Citv
refuse collector, whereby refuse. recyclable waste materials. and yard waste are generally sorted into
separate residential carts by the person discarding such items.
"Basic level of service" means, with respect to residential collection service and automated
residential collection service one collection of each residential cart per week, or that level of
collection and disposal service necessary to provide adequate service for the collection of refuse
generated by each single-family residence, and each dwelling unit within a duplex, a triples, or a
fourplex, as specifically provided in any given contract between the City and any person for
collection of such refuse, or as provided by resolution of the City Council. Basic level of service
does not include relusc or substances excluded front collection by regulation of the Director or by
contract. as hereinafter provided, refuse capable thereof which has not been placed in residential
carts within the weight and size limits hereinafter set forth for residential carts. Basic level of
service, with respect to commercial collection service, means that level ofcollection and disposal
service necessary to provide adequate service.
"Business" means any commercial or public entity, that generates four cubic vards or more of refuse
per week. including, but not limited to, a firm, partnership, proprietorship.joint-stock company.
corporation. or association that is organized as a for-profit or nonprofit entity, strip mall (e.g.
property complex containing two or more commercial entities), industrial facility, school, school
district, California State University, conununit•colleges, University of California, special district or
a federal, state, local. regional agency or facility. For purposes ofthe chapter, "business` also
includes a multi-family residential dwelling of five units or more, regardless of the amount of refuse
generated.
"City refuse collector" means any person either employed by or under contract with the City to
provide removal, transportation, processing. and disposition of refuse front residents and users of
premises within the City.
`'Collection"ntcans the pickup, removal, and transportation of refuse by any person authorized to
do so by the City.
`'Commercial collection service' means the collection of refuse from all property within the City
excluded from residential collection service, or properties subject to residential collection service
which choose to utilize commercial collection service.
"Commercial container" ntcans any vessel, tank, receptacle. dumpster, box or bin used or intended
to be used for the purpose of holding any refuse, recyclable material. and recyclable waste material.
Commercial containers utilized in commercial collection service include all types ofcontainers,
including dumpsters or bins.
"Corporation" means corporations, partnerships, and all business enterprises, associations or
organizations. however designed.
Director' means the Huntington Beach Director of Public Works or his/her authorized
representative.
`9lazardous waste" means a waste, or combination of wastes. which because of its quantity,
concentration. or physical, chemical, or infectious characteristics may: (I)cause, or signif icanth
contribute to an increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness: or(2) pose a substantial present or potential hazard to human health or
environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
"Level full" means the amount of refuse deposited in a residential cart or commercial container so
that it shall not exceed the lowest top edge thereof and still allow the lid thereof to be completch
closed.
"Noncombustible refuse" means ashes, bottles, broken crockery, glass, tin cans and metallic
substances or any other substances that will not incinerate through contact with flames of ordinary
temperature.
"Organic waste" means food waste. green waste, landscaping and pruning waste, nonhazardous
wood waste, and food-soiled paper waste that is raised in with food waste.
"Person' means any individual, firm, governmental unit, organization, partnership, corporation,
company or other entity.
"Processing" means reduction, separation, recovery, conversion or recycling of refuse.
"Recyclable material" means materials which are segregated at the source from other refuse for the
purpose of recycling and includes, but is not limited to, paper, glass, metals, wood, plastics, wastes..
bulky goods. waste oil, and construction and demolition materials and which is sold or donated by
the owner thereof to a third party.
"Recyclable material collection' means the collection, transportation. storage, transfer, or
processing of recyclable materials.
`-Recyclable waste material" means discarded materials such as, but not limited to, newspapers,
glass and natal cans, which are separated from other refuse for the purpose of recycling and which
are not sold or donated to a third party.
"Recyclable waste material collecting" means the collection, transportation, storage, transfer. or
processing of recyclable waste material.
"Recycling" nleans the process of collecting. soiling, cleansing, treating, and reconstituting
materials that would otherwise be disposed of by landfilling or trails fornmtioil. and returning
mauerials to the economic mainstream in the form of raw material for new, reused, or reconstituted
products.
"Refuse" means all putrescible and non-putrescible solid, and semisolid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, organic waste, demolition and construction
wastes, altandQiicd vehicle and_parts_thereQf, discarded home and industrial appliances, dcwatered
treated or chemically filed sewage sludge whicl>_is-nQLhazardQus_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_Qehapter.
The term "refuse' shall be svnonyntous with the term "solid waste" as used
in Section 8.22.Q10 in the the Integrated Wastc Management Act. Public Resources Code Section
40000, et seq.
"Refuse collection" means the collection, transportation. storage, transfer, disposal, or processing of
refuse.
"Residential collection service` means the collection of refuse from each single-family residence,
and each dwelling unit within a duplex, a triplex or a fourplex receiving noncommercial refuse
collection service. It shall not include any hotel. motel, lodge, hall, club, tourist camp, trailer camp,
mobile home park, church, guard shack, pool house, community room. business or industrial
establishment, or any lot containing more than four dwelling units.
"Residential cart" means a container having a capacity not to exceed 94 gallons and furnished
or supplied by the City refuse collector for use in the at+tomatecl residential collection service.
Residential carts shall be colored as_de�icrihcd_in cctign_f;.22.020,U "'ONS'•' `)p FeNse. h!
"Yard waste" means those constituents of solid waste comprised of non-soil landscape or plant
materials such as tree trinunings, grass cuttings. plants. weeds, leaves, branches, trees, or similar
materials.
8.21.130 Container—Removal
After a e4ntainer has once been removed ��he City pursuant tQthis haPter. the owner
thereof shall be deemed to have actual notice of the provisions of th 5—Chapter, includ ng
prohibition against the placement 2f_unautlQrized containers. In the event of a su4�equent
placement f a container by the same owner. or an affiliate the owner that is in violation of
thi hagter th_e_D_irect r may immediately, without the I=ing 2f a n�ticc [o remove pursuant
to subsection A gUhi�*di_Qn direct the removal and stora}.e of the unauthorizec d ontainer and
mall in such case. Dive notice to the ownej_IQ_clai_m the container pursuant to subsection f and
Cif this section.
A. The D Fee!OF Fla e se to be posted a Fietiee n any enotimier illegafly
,
disposed oexpensp ., 1,,., the 1 a, . _,4 "'lie pest ., el' , 1"emRytshall eanstitift
fentaioeF.
_ I.the
StOffige, and
disposal. All .,.,,,, nis Elkle fe the fits. fit .th@ eE,.-t 814e.,,,.. AI g 1 hSp OSHI-Shall-ve paid
bef6re tile eeriutdoeF iq Fen-mod IR ;1�1 R_,..,HeF. Suell abnourus S eenstotute a debt Owed h-4 the
,,,. neF tO till, Git.. .,.,,1 tilt, ,..,.neF,-L..1 I:..I,lo IR thO (= t.. � , an aetion L_„ .ht by the Gi... r,..t4e
E. If the Of the Of containeF t"fit " s been Fe+traved h the (ril . is I..,,.,..., to till.
,t.,..,, ,,t:,....,,me „t ifn., :,
shall be deemedto
die ,.1., A,,. -
8.21.190 Containers and Transportation of Refuse
U,. .,,,..sen „thee than the G t' fer Se e„Il..e!BF .6.,11 .............n Fot se OF Fe,,yelable was4e„ nin't-FiAl
I
-. - no„tea ,._t................a , a..t.:., the Git... c oh . ,Melee t
• � .. iketlf5-::
eH+AHilleFS ShA be theFaLlgghly eleaned 10 el 111111flie WOFS Hild Elecayed HIMOFWS.
_The_ iq refuse c�llcct�r halldis��se_Qt_rct:use_in_a_manger apprQK d_b�_the_pircctgr and
wnsistent with the j)rQ-visigns--f Chaptcu; 8.21_and 8 22.
8.22 Mandatory Organic-tYaste-DdsvDial Reduction
&22.010 Definitions
Blue Container means the dame t� rovided in 14 California CodehRegulatiQ ection
18982(aNS�and Mall be u�cd for the uulrnose of storage and cQlection--D-f Source Senarated
Recyclable Materials or Source Senarated 131ue C Qnlainer An Waste.
ommercial Business or Commercial means a firm. partnership nronrietorshi oint-stock
Coll' any, coroorat it�as9cit�ti n, whether for- rofit r n n rnn aLt trilZmall industrial
facility or a m_ultifamil_y rc.idcntial dwelling. A Multi Family Re�idcntial Dwelling that consists
of fewer_than_live L5 units is not a Commercial 13usinc-u—CQr )Zrposes of implementin , this
Ch_a�cr.
-Cygrun rcial Fdible Food Generator i. Lc_ludc a 'Fier One or a "tier "two Commercial Edit le
Food Generator. For the RA ryganizations_and hood
Recovery�are nQt Commercial Edible Food Generators.
ojmp liancc Review tnean5 a review of records by thehily to determine c mpliance Nvith this
hal2ter.
Communih'_�umn stingy means any activi } thtlt_c m olZsts green material aaricultw'al material,
tad material. and ve tee, tative fgQd material alone or in combination and the total-amount of
feedstock and Com)2st Qi-site_at_any_one time does not exceed 100 ct�e kartl�att_d 750 s ty tare
feet. ass cn cilied in 14 'alif rnia Code of Reulati n ecti�n 18 R?(a)_($),
compost mcanrtlte Rroduct Nsultingfrom the controlled biological decompositicLn of organic
-Qlid Wastes that arc-Source�e crated from the municipal Solid Wa5te--5-trcam, or %vhich are
ae.Rarated at a centrali zed_facilitk a�may be amended from time_tQtime.
ontan r_CQnt:rmination�CQn_Mminated Container means a container, regardless ol'color,
that contains ProhibitedContainer Contaminants.
C&D means construction and demolition de ri .
Designee means wr entity that the City contracts w th 2r�the Kj"rran&cs to carn_out an}_ol:
the QC—this—Chap Chap e_r as authQriz_ed in 14 California Code- f Reg_ulaty
Section 181.2. t\ Dcsignee_ma}hc a govemment entity a hauler a 2ri�ate entitQr a
cc�nit�ination_Qf those cntitic
Edible Food meansfoQd intended for human consumptithe 12urRgse_�j thisChaptL.
"Edible Food" inn t Sol id Wa�jc if it is rec4<_Qcgc and n2t discarded N2thitig in this 'ha t2cr�r
in 14 ali r_nia�de�f Regul_at Qng,_l�iyision 7 ChaRtcr 12 requ_iresor a_utIj iz_cs the K c—,rX
QLI; iihle_I=gQd_thatsl_Qe,�-not_nt_eet the IQQc afct requirements of the Calilorm,t_Rclail Food
code.
Enforcement action meanran actiQn- }_the City to addres 11 -compliance with thi ha_plcr
including,but not limited t_Q,_s�uing admutistra_tive citations. tines niltics, cx ulin thcr
remedfe�.
Excluded Waste means hazardous substance, hazardous waste, infecti a waste designated
waste volatile cornaive medical waste, infectious. regulated radiQac_tive waste., and tonic
u stances or material that facilitReratQr( �ahich_rece_ivc materials fr�thc�itrnd its
gcneratt r*� y elie�e.{s) would,ara_result of_or_u oR n acceptance Iran cr�prcZcessing,
oud alhe_a iolation of I_ocaL�tate, or Federal law, regulation or ordinanceincludin" l__and
use_re-atrictiQns or condition waste that cannot be disposed of in Cla3slll Iandfilla IL-1 cccted
at_thc facilit3�=b,_tMmit conditions, waste that in Cites giiee's rea�-Qnablc� non
Would UW��gnificant risk to human health or the enviL inj cat c a nuisance or
Qthern'ue create-Qr c IZQse the Cite or its Designee. to potential liabilit ut not including do
- -- -
minimis N' kll c�-m concentra_tit ns of waste of a type and amount nQrmall , C Lind in u gle_
Famil}_or \lulti_Family--$-o-lid Waste after implementation oI pr ram �Qr the ate c_Qllect on,
t�rsccs�ing, r�y�clin_g treaunent and disposal of batteries and tZaint iii con_i2lancc with�cctio_ng
41�QQand 31802 Qf the Califonnia Public Resources Code.
Food Distributor means a comfy that distributes food tQentiticsincluding, tZirt not limited to,
�Lipsnnarket�i amdsrocer y .'tore —�
Food Facilitasth_eame mcaningasin-cction 1 13789 of the Health and-Stlet , 'ode_
Food Recttve_r�tncam actions to collect and distribute food for humancQns-umlg_ion_that
othcnt tscwoul_d�c diILcd-
Food Recovery Ora:rnir.rtionjiicar] i in entity that cneaecs in the collection or receipt of Ldible
Food Ism Commercial I dil�le Food generators and cfistri�ute�lh tt Idihle food to the public for
IQ2d Rec�en either �ircctl c r through 1 f)ther entities_including,�iit not limited to.
(1) A EQ-od hank_as-dcfned in cction 113783 ofthe 1lealth and afet �Qde;
(2) A nonoMfn charita&l-e 2rganiration as defined in Section 113841 ofthe Health
and_-Safety cQdc; — - -
(3) A n-Q-,mm t chari,atbe_ten7-IZoran_fo2d— -facility m defined in cction 113842 of
the I lealth_and-�jafetLCQdc and
(4) A_Food Rec_Q<cr�,,arganization is not a Coi1im_ercial-Ikdi-hl4z-Foods;encrator for
the 1>urRoscs of this Cha2er tend imolenientation of 14 California Code of'
Regal-ati-Qn5 ivi i n- aR 12.
Food Recovery Skta iceJileaua a tZerson or entity that collects tadtransnorl�j dible Food from
a�omniercial_L'_ditZl_e FoodscncratQ to a iQQd Recur,r an_ization or other entities for Food
Itec_Q<•cry_A Fmd iZec�cry vice is nQt a Q i mercial lidible Food Generator for the IZurt-Q-s
of this (�haRter and ini2lenicntztiQi Qf l�l California ode of RegulatiQ1 _I�i�isi -n-7 Chapter
12.
Food ervice Provider means ancrltit}_ r{2,imarih, en aced in orovidine food services to
institut pal goymorte_ntal, C4nuncrcial, or industrial IQcatQiLD Qthe_rs Rased on contractual
arrangement with lhcse t� izations.
-GrayContainer mcan�i_the_a:4me as_RrQ`•idcd_in 14 California Code of Re.ulationS Section
182$? a (2&and sha - used [Qr tlic Pur�2sc of storage and collect�nQf ra�LQntainer �1%aste.
bra Container Waste means Solid Waste that is collected in a Grav Container as }zccitied
Mali(cLrniaSodeQRegulatiQns Sections 18984.1 al and (l) or a�Qthcnviic defined in 14
California CQde QP Rcgu_lati ns ecti -n 17402ca y Container Waste ma�oecificall�
include carRct, NQn- bm tamale Patter_lnd to .tilc�.
:Teen Container nicami the same aaRrovided in 14 alifQrnia Codc of Rckulations Section
l$2$2-(a)(24)and--shall b-e used for the pur_QQse Qf st_Qra e and collection of Source Separated
�rcen (tiQjitaincr ar is Waste
Croce_ ' Store means a store t�rimarih_cngaged in the retail --ale�f canned f92d dr}_ QQds; Ire
fruits and vegewabdes; Yeah nicatg fish, and {Zoultrv�and_anv area that is not scRara[cly owned
within the sture where the food iL)ZrcRared and rvQ including a bakery deli and meat and
ealood deRartnicnts, - --
1-laul_cr Route means the dc_�ignate(I itinerary Qr equetice of stops for each cgment of theCit�_S
collection service area.
High Dive QnQr :mic Wait(_Proces!jn a_ci_Lit ��cnns.-,Ups ili y th_a1j�jjLcsrp. fiance with
the retLtingrequirement� of 14 California Code of Kc ul_ationL eu ion I 81_5_5Ld and meets
or exceeds an annual average_Mixed Wadi organic content Recovery rate of 50 percent behvccn
Japllar• I. 2022 and L ecernber 31. 2024 and 75 percent after January 1. 2Q2), as calculated
pursuant to 14 California Code of Regulations Section 18815.5(cl for Organic Waste received
t�itthe "41i�ed�yt>ste or< anic collection stream" as_defined in 14 CalifQrnia CQdc Qf
Regulation�eetiQn_1�2 a , »
1_mpection mcams mite visit where the=Qity or its Designee reviews records, containers, and an
entity's collecti n, handlin ycling, or landfill disposal U Orvvanic Wate or Fdible Fooct
handlin< tQ c eterminc if the entih^i�c mi2lnt with requirem__ents set fQrth_in thi hapter.
Large_Event_ncans_ancvent including, but not_lintit_ed_tQ,a st2orting event_Qr a t a_niarl-ct, that
charges_an admissi2n_Rricc, or is otzerated by a local agencl, Lind serves an average of more than
2 0, QO individuals p-er d y of o erat u> Qf_th_e event at ahcat�n that includes but is not limited
t4, a public, nonprofit, or rivatcl� owned ark ap rkinf,�l2l�gQlf course, strecuY�UA , or other_
4 en g u�iedjh�r an event.
Large Venue mcans_a_perman_cnt-cnuc facil_itsLthat annually cats or s�an average of more
than 2. 00 individuals within the ground tthe facilrtk�cr day �( operation ofthc venue facilit3L
For purposes of this Chanter and implementation of lalifornia Code of Regulations. Division
7 'haptcr 12, avenue facilit}v includes, but is not limited to, a u li c -n-Qnprgtit. or atel
died or operatccl tadium amlZhithcater arena hall amusement park cQnfcrcnce�r civic
center, -r_oo aquarium airport racetrack IiQrs_e track performing in-Lccnte_r, fairground rnus�um,
theater or Qther Ruhlic attractiontacihty, Igor purp- cLe Qf this Chap cr and i illlementation of 14
Californi ode of Regulations, Division 7 chapter 12, ante under cornrnQn ownership or
control that includes more than one 1 arge Venue that is contiguous with other i arge VenueLin
the site. is a sin vle large Venue_
�.ocal FducitiQn��genc}_mcans_a�ch9ol district chartcr�ch of or cotglty�t:Gcc of.edocati n
that is not subject to the contr I of city or county rc}�ulations related to Solid Waste.
Multi-Family Residential Dwelling(s) ar Multi-Family means of from jr penainim W
redprew r more dwelling unit -Family [ niacp f d-Q n_QLinclUde
hotels, motels, or_Qther t_rangicnt_Qcculzanc�ffaci.litieswhich_ar_e cQ �idcr_ed_(�Qm_mcrcial
u inesses
LVI ELO refers to the Model «'atcr L'fi icicnt and apcQdinvicc (MWGLO). 23 California_
Code Qf RcgulationDivisi no 2, Chapter 2.7.
Yon-Comoostable Paper includes but is not limited to paper that is coated in a plastic material
that will not breakdown in the c2-np9-stingprocess
Von,Lo
sal_Entit}_include but arc not limited tQthc following_cntitiesthat_are not�iiject to the
ty's enforcement aLit llk ty,_IS Ch ribcd in 14 California Code�Lf f3egul_atiQns_,�Scction
iVnn- r panic Recvclables means non-pt4 le wastc_$
including Lit not limited tatzotUcg, cans theta plastics and Ilia
—Organic Waste mean5 Solid Wastes con tainin�Ltiat_eriahriginated from living nisms and
their metabolic waste pr<�duct s, including Izut not_limited to food. green material�landreaI&and
p- fining vase. oreanic t�le and_car2ct*, lumber, wood. I'aner Pro lucI5, Printing and Writing
Paper manure biQ�Qluig�di&e8tate, and sludges. 13iosolic anti cfi,, Qstate arc as detined by, 14
kalifornia-'tde_21_ItegttlltiQnscction IA982(al,
-Organic Waste Generator means a persoiLLL entity that is responsible for the initial creati n
of_Qrganic Waste. —
Prohibited C-griLtainer Contaminants means the following (i) discarded materials placed in
th_e_I31uc_Ctontainer that are not identified a'accepow c Source Se crated Rec�clab �9_aterials
for thcQ �Qntaincr,_(W discarded materials placed in the Ureen LQntainer that are not
identified as acccpta4 e_':�Qurce eparated Green ContaiLier rganic Waste_f r the itv` reel
ntaiiier_(iii)_discarded materials shed in the Gray' Container that are acce to lettuce
-S-eparated_Kcc;_cla l_e Materials and/or SOur(e-$eparaled Green Containcganic Waste to be
121_accd in 'ity's reel ntainer and/or f3lue Container and (iwl F\cludoc Waste placed in any_
container.
Recovered )rganic Waste Products means amdsicts made from California landfill-diverted
recoveredQganic Waste processed itLa_pSmiitted or otherwise auth�riied titcilitX.
Recovt ry meanLan ,a_ctivity Qr RrQcc�de-cri ed in l alilQrniit Qdc QfRcgulations. Section
I t;98t f(� — -
K_e_mote tYlonitoring Ream the use_of the in_t_crnet of thin I T ttndor wircic_s�clectronic
devices to wisuali-e the contents of Blue Containers. Green(Qntainera and ray Containers for
Rutno-�cs ot:identif�dgg the quantity of materials in containe_rF el of fill and/or Rre�ence cif
PrQh_bted CQntaitierContaminants.
Route Review means a visual_InspectiQn of,c ntainer al ng a I lauler_Route tQr the Barlow of
determining container mtaminatiQn, and maLinclucfe mechanicaf_In�tZcctiQn_mcthQds such as
the nee Qf cameras
"ingle Family-� troll or Rcrtainin try residential_premiKe with fewer than five (5
units.
So lid Waste has the me meaning_as defined instate Public Resources Code Sect�n IQ121.
which defines Solid Waste as all tZutrecihlc and tQnutrescible solid�sentisolid,_and_liquid
wastesjncluding agtr a, e trh�ret_use,_ Rcr, rubbish, ashes, industrial wastes,demolition and
cong(ntction wastes. abandQned vehicles and parts thereof discarded home and industrial
ap anccs, dewatered, treated, or chemical) fixed ewa gel sludge%Oich_i n_ I haz_ard gtte,
manure vegetable oranimal solid and semi-solid wastes. and otherdiscarded solid and er,,,icnliri
wastes with the eyceRli n that lid WastdQe5-n_Qt Include any Ile Q QN�ing vtastc .
L Flaardous waste, as defined in thcate Pu tic ResyQtu'ce�Code�ectiQn 40141
(2) Radioactive xvaate rc gug lated pur gant to the State Radiation Control Law
haplercommencin he
late FI_ealth and Safetv ide .
U Medical waste regulated p rwant to the State Medical Wa gement Act
(Part_I�commencing with Section 1 17C00) of DivisiQi 104 of the ate 1-IeaIIh
and Salet}�Qdc� treated_meciic�lwastshall n_Qt 4c_hi5l22 cd Qf in_a Qlid
%V_a�ste lan_dtill as deftned_ie ta_tc Pudic Re�Qurces_C�Qdc section 401�� I
Medical wvasle that ha�-Lm treated and deemed to be S_ Qlid Waste shall b
regulated p-uws-uanl to Division 30 of the State Public Resources Code
ou_rce parated means materials, including commin �le� d reca,_clal�le ma_t_eria that have Ewen
selZaratcd or kcUL�Le2aratc from the Solid Witst_c-stream, at the pQintsf generatiQn,_t_Qr_tI
Qitrposc of additional_sQrtin lZMq�c sing_thQsc matenal�f2r rec�, ling or reuse in.-order to
return them tQ-the_ecQiiQmic mainstream in the form oP raw material f�r_new, reused• or
rcc_Q[rstituted_p Qducts,which meet the quality standards necessar to c u�cd in the market[ ace_
1'or the l r(ZQses of thi Chalztcr. Source Sefwated shall include w aration of materials by the
gcn_crator, Pmauty ncr�awgerty o vmer's em It2Sve _r-rgperty manager or 1ZrQtZcrty
manager's em2lQvee int2different cQntainer�fQr the tZurW5c cQllectiQn such that-SQurce
-Separated mat Is—arc�eRarated fr Gra�_Con__taincr Waste or other old \Vaste fir the
urizQse� of cQllcctiQnagd Qr9_ccssng; __
Source Sej)Ac4-tk( Blue C ntainer Organic W tLte means Source Separated Organic Waste
that can be placed in a I}lite Container that is limited to the collcctiQn�1'th�se Qriic Wastes
and Non rgamc Recyclables as defined in section I8982(a)(43;.
Source Separated Green Containe�rga_n_ic NVaste�cans Source�epatated r'anic Wad
that can e_tZl_aced_in_aSZreen Qontainer thatis_Wcci.licall y i� nlended for the Separate collection
QfQrganic Waste h};the generator, excluding_SQu_rce eparated 131ue mtainer Organic Wale.
carWs,_NQn=LQmljoal Ic Pa_l and textile..
�Lmurce Separated Reca'clahle Material¢ means Source Sen•arat"! Non_Q=r viic I Lclahl
and Source Sel a� ratedFlue C ntainer rgallic W,ste.
upermarket_nieans t> Pull_line self-scn icc_rctail_storc with gross annual al of hvo million
dollars ( 2,�,QQQ), Qr mQrc and which sera line of dry r}, ocerc_anned goods, or nonlood
items_a[idsome p_ rish, item
Tier One Commercial F.tlible Food (;ncrator means a Commercial F(lible Food Generator
that is one of the to wing
W1- Supermarket.
(2) Qrocer 'tore with a total facHit}�i e cyual tQ_Qr greater than 10.000 square
feet.
C I�ood S rvic_e_L% vid_er.
FQod Iji�jtrihtttQr. -
(5) WhQle�al_e Food Vend2r.
Tier Two Commercial Etlit�le Food enerahtr means a Commercial)l-A b LIC Food Generator
that is one Qf tItc_fQll_o��ing_
W Restaurant with 250 or morE�eat"r a_total_f3cilit ire equal to or rt, eater
than �,000 syu_ire feet.
Q Hotel with an on-site Fuod Facility-and 200 or more rooms.
Hcalth lacilihwith n- isite FQqd_faciIity an_d 100 or more bed
Lark Venue.
Large Ivcnt
( A State agene} with i cafeteria with 25 in scats or total cafeteria facility
ire equal to or greater than >,000 square feet.
A Local I?ducutic�n r1 � facility ��ith an on-site Food Facility=
I_e�ale Food Vendor means a business or esta�Li�hment enPaaed in the merchant wholesale
d_istrijjtrtion of food, where -h-& including frui and vegeta le is received�hil2�cd, stored,
[Irc psi rcd for di tri ution tQa retailer warehouse, distributor, or other ke tination
8.22,o20—Requirements for Single-Family Generators
Single-FamiIy rganic Wa to eneratQrLs-hal_I_:
LQ Su scri e to the-Lay -threc_container Organic \ as_te cQl_lectiQti services. "I he
CitL a ham E the right_tere_view the number, size, and IQQ tiQn_.Q_f a_gener Itor'5 containers to
evaluate adequacy Qf caRacity rn ovided for each t jge collectiQn service for m g NRarat w
of material-s--an_d cQntainmcnt of materials; and genc_rat_Qr !ih_all adjust its service level_tQr its
k c�l_IectQi�eryice�a�rcgttc�ted � the�� — —
(b) Participate in the ty ththree_c2ttainer g\rstem for Source enarat_ed R_ecrcl_a_ lc
1\Ala_te_rial_g, �jource-SetZgEggdL�Qn_fairer Qrganic materials. and Gray itaincr \\paste
!z-QIL coon services. Generator �hall_Rlace Sourcc�c crated ireensQptainer Organic Waste in
the—Crccn Container: Source--ScRaratcdfZcc}'clable Materials in the lislue_C-Qntaincr and Mixed
Waste including_I Q \V�a�tc in_th_c ,ra ntainer �enera_tQr�sh_all not ice materials
dcJignated for then ra =QQntainer into the Green ntainer�r 131uc CQnt_ainer.
Notwithstanding the above_ the ity, is not required to replace ILnctional containers.
including c ntainers aurchased prior to .Ianuar, I 2Q22, that do not comply with th_e color
requirements of this Chanter and the kegul�nrior to the end of the useful_life�l' those
containers. or prior to lanuary 1 2Q3� whichever comes first. LaQel ill be placed b} the
Iranchise hauler on the containers indicating the orimary materiaL�Laecepted and the primary
matmals_probibited in the o
containers. Until cQmtZan_t colored containers are n rid ved {131uc
container, Green Container, and Graff' stainer], inglc-Famtiv Waste Gener_a_thal_I_compp
with the container label requirerne_n_ts
N thing in this—SeetiQnprQhihits a_generatpr frQm_prc_veruing Qr reducingwaste_generatiQn, nr�naging
_Organic xvaatc un y_itc,.and/Qr LlSing_,k Community�Qm�o3hngsitc_tzur uant to_I CaliFQrnia�Qd_c Qf
Regulations, $oetign_I_89K4.2{J,
&22A 3.Q=Rea uir_ements_toSnmmercial Businesses
�Qtnrncrcial l3ujnesses, which include-�j-tVulti-Family_Residential Dwelling
a Subscribe t2tlie City thLee-container Organic waste collection crvices
Qity shall have the right tg_cn cw the number. size, and IQcation 2f a_generator's containers and
Itquenc f collection to evaluate tdequzcy of calla x==provided for each type of collection
rvice forRcr separation of matcriaand eQntainment of materals: and, Commercial
attincjse_S shall adjust their service level for their collection services as repuelted b theCa
Lb Particijae in and c mRlp with the City's three-c�(l3_4te Container. Green
ntainer�ai-d_�rray—Q tamer collection service-by_zlacinb desiel7atcd materials in d iatcd
containers_C encrator shall place Source�eparatedJC teen Container Orfzanic Waite, including
Food Waste, in the Green Container: Source 'eparated Recycla&le fvlaterials in the Blue
(LQntainer. and Crra�ntainer Waste in the ray Container. Genera_tQr_sha11 not place materials
designated for the Czray—CQntainer into the Green Container 2r Bluc Container.
Votwith�tanding the above. theity is not required to replace functional_containe_rs,
including containers ptnchased i2d to .Ianuantl; 2022, that do not comlZly�tth_the color
requirements of this Chanter a_n_d the Regulations, prior to the end�f the useful lire of those
containers, or rp for to Jan_u_ary I. 2036, whichever come-first LalZcls will be placed by the
franchise haler Qn the containers indicatin the pnmaD�jnnatcrials accepted and the_t r� imam;
material_prohibited in the containers. Until com pant colored containers are prQtided. (Blue
QQntainer Green Container, and Qua Container), Single-Family Wa e�Cenerators shall comfy
with_thc container label requirements..
(c) uy and allow access tQ adQquate number, sire and IocatiQi�f collection
containers with sufficient labels�r cglors conforming with Sections 8.34Q3O(d ( j and .3 3(
(d)(2).elowl for employees, contractors tenants and customers. cQi�tent with Qity's Blue
Q9ntainer. Green Container. and_Qra} Container collection service or_il elf-hauling per the
Commercial Businetns_ructonosu rowi � -haul� s o et p •ram
( Excluding Multi-Faml�Rcridential Dwellingpr2ide cQntaincrs for the
eQllecIion of Source SenaratedS�reQn 'ontatner Organic Waste and 2urce__$e Grated Recvcla le
Materials in all indoor_and outdoor areas where d gaaal_cQntainers are provided for customer
for materialsgenera y that business Such containcrsdo_not need t e rp o��ided in res[rooms.
It'a Business dQesnQt-getierate_an3, of the m ate nalsthat uld pe collected in one
type of container. then the a�ineis ck not have tcZpr vide th a particular container in all areas
wlicre disposal containerrarc provided t�ji customers. Pursuant tcLl4 �alilornia Code of
Re&uIallon, Sectio, 8a.2.(�the containers prQvidedhllhe usiness shall have either:
(1) A_hg4v or lid that conlbn_n�j with the container colors rp oxj& through
the collection-Kiv, ce provided by the Citywitheithcr lid�conI fining to the color requirements
or bodies conforming to the color jQquirementsor-both lid and�o --- -- Qrming to color
requirements. A Commercial Business is il�t required to replace functional containers. including
containers ourcha�pr>LQr to January 1 2, 022. that d2ngt cQm ly with th_e rc uiremen _cif the
subsection prior to the..end of the useful life of thQsc containers. or prior to .lan_uar_ 1 20
whichever cQnes_trz
ntainer IalLcls that include languager or th_ ic
indicalint the rRimarv_m_aterial_acccpted and the primary mate_rialsgrohR2jted in that container
or containers n ilh i[nprinted text or graphic image--that-indicate the aEirnary material�accel
and printar} materials prohibited in the container. Pursuant -Ca--Q--ia.C'Qde Qf Regulations
Section I8 84.8, the container label ac required on new c2ntwn_ersc_Qul acing Januar}j,
2Q22. — - —
(� Multi-F_amil}�Rc dential i wellingsare n t required tocouply with c-stainer
placement requirementsQr labclin requirement puuant to 14 Calitornia odE_cZRegul_atiQns
Section 1 r $4.2 _b(�_ - --
To the exlent practical through education tra ining�RectiQi and/or other
measures, excluding Multi-F-,un _Residential welling _IZr2tibit_en7lzloy_Qes from king
materials in a container not designated fhr_those materials Rer the items Blue bntaincr,rreen
C ontainer. and Gray iontainer collection service_Qr,_if sett hauling�p r the mJntercial
Businesses` instructions tosupport its comlkiiance with tts sell'-ha_ul_M(gr tm i
ee t ace Qrdancc( with
ls n 8.22.(Z$0. — — --
ly&cluding Multi-Pamih�IZesidcntal_D��cling _2enodical_h^inslZcct 131uc
ntai tic r*Green Containers. and�Cray Containers-fQr ce ntaminatkn_and inCQrm cmplo�ees if-
csntainers are contaminated and of the requirements to kcep -contaminants Qut of those
containerLpursuant to 14 California Code ot_Rcgulati.Qn Section 18 1.
(h) Annual[�Lprovide inforniatiQn_to emp- iL c cQturactQr tenants,and cust�c
a�b"kut Q anic Waste Recovery requirements and a ut pre per sorting ot�o_ur_ce a
yttQQn—_Qnlalner rganic Waste and—oourceSeparatcd Rec-Lc lable�laterial
Provide education inforniation beforesr within_fourtcen lda}"s ofoccupatQn
of_ the pwnanthat decribe_requirement to kecp_$ourge arateds Teen
Container Organic Wale and Source Separated Rec}-clablc N/teriAa opara_te frQm Qray
ntainer Waste when ap lica le and the location of containers andthc rules Qg their
use at each p QNrt}_.
6) Providcyr arrange accc�l'Qr theCity or its went t2their I�rQnerties during
1_n.�Rections conducted in acc-Q dance with_ thi hanter to confirm c Znliance with the.
rcquircments of this C h aRter.
If majetn_entcd accomn>�date and c2QRer_ate with the s Renimt Monitoring
re gram for Inglzection of_the contents of cQitaincrs for ProllibiteA-CQntaLtiQr Cantaininants. to
evaluate_generatgrs compliance with thi.�-QhaRtcr. The I2emote�tQni_t_Qring_RrQgram shall
involve installation QI Remotc_L1Qnit_oring cqui2ncnt�c nor in the 131uc Containers Green
ontaineM and/or ira} n_taitters
U) Nothn�,in this ection orohi its generator from • r reducingwastc
generation, managing rganic �4'a t_e io 1 Slle Qr_tiging_a Community mnostingmIrt_e_Rtrsuant to
14 'alifornia Code of Regulations Section 1828a 2(c�
m Qonuncrcial 13usine.$sc5 that are 'tier Onc or "tier "R�(�Qmmnercial I Ediblc Food
-Q ncratorLhall cQm2y with FQQd Rec4`cry requirement -Qf thia-C haRtcr.
8.22.04Q=W aiver514LGeneratois
(�c \_linimis \Vaiycrs. 'l he CLla�jnia}:, at its discretion,wt�ive a_�ommcrcial
13usiness' re_quiretne_nt including i\�tulti-Family Residential i welli.n to cQniRlp with some or
ahf thcQ-rganic Na to requiremeiit�Qf this QhaRt_cr i f thc�c rpmercial 13u�inc s
W 5ukmitsin applicaiiQn Rccifying the sen-i(Le that they_are re_ ucstin
waiver from. -
(2 that either:
(A) I he C_onimercial_E u ne total_ lid Wa�t_e_collection service
two _}ard Qr niQrc Rcr vcA andWrganic Waatc-Aubjcc[ to
cQllccti�n in a_131ue C_Qntainer c r recn C Qntainer comRrisc�les
than 2 AhQn Z_rwcck Per apl ica�le_c_Qtitai�icr of the business'
tQt_alwa"itc; or,
(13) The-Q2ninicrcjaLBu irmi tlwal_ Qlid Wa5le cQLkgj n�ervice i�
I_e��than twLcut�ic_yard�Rer weck_and Organic Wade eu _iect tg
cQllcction in a Ejl le Container Qr Qrcen ontainer cm less
than 10 gallQnLp r week tzcr aP icabl_c container of the Ltl ir7q�
t_tal wade' and
Notifies the City it circum-stances angc such that imercial
13u�iness's Organic Waite ezxceeds the thr_esshQld required for waiver in
which case waiver will L re cindcd and
( Provides written verilic--L c�Leli gig llilit}_for do minimis waiver ever}
}earg, if the Cil}_ha�pprovcd de_minimis waives - -
(h) Physical Race Wailers. ity_n_iav at itsdiscretion waive a Commercial
f3u mess' 2r }zr�}zcrty owner c ligati-Qn� (includin \4ulti Family 12esi�ial Qwellingsl_to
c m l• N ith some or all of the rccxclat2le materials and/or rgviic Waite collection service
requi Lei ent a if thc-Ca}_htcvidence t}om its o��n staff a hauler licensed architect or licensed
engineer demont_rating_lhat the Rremies Iacl adcc uate��ace for the c111ectioii_ cotltainers
rcgmrcd r c2mRliance with thc2gan c Wane collection requirements of thi Cha{Ztcr.
A ' tmnierciaL 13usinc s-o {pert}' owner Ill V guest a p lyguljjwmAaiverthrQLgt
the f II wing_R!Qoe, s:
(=L) -u&mit an app-licatiQn fornli 1fyin�the t�Re{g)�f cgll_ection service,
for which_the}_arc requesting i cQn2iance waiver.
Pr yide_docuntentation that the I r ack adequate spice for Flue.
QQntainer.5—an_d o- green Containers incl Lid ing_dQcumentation t,"r its
hauler licenscd architect, 2r_I_icens-d engineer.
Provide written verification tQ the city that it is stil_I_eligi�le_PQr P--bvsical
-*a cw•aiver cvcrK i�•c y_cars. if the Cit_ha a2RrQ<ed apolication for a
ahl 'Sical }-ace waiver.
Lc� CollectiQn_I_rcguencv Wai�e_r_"I_hc City• at as djycretQn a_nd in accordance with
14 Cal_i -Qcnia CoderLRcxal-ationectiQn 18984.11(a)(3), ma or tenant of any
reacki_ccyR �rcmires, bine csjatA*hmcnt or indu n�that �utZgcritZcs to the ity thLee_
containerrganic Waate collection service t�arrgngQ fQr_tlw collection of their Blue Container
Cerra} C ine Qr l Qth once cverv„ fourteen d, - , rather than once a week.
8.22AL —Reauirements-f m CommerciaLEdibte_Eoad_fleneratm
Ca) TicrQc CQnmerci tl IKd_ihlc Food—jenerators mu c4m2y with the requireme
a-f-thisJimion commencing.lanuan_I 2Q22 anti Tier Tw mmcrcial 1 di Ic Food Generator
must comtZy commeo- inj�-January 1. 202a allVan_t_t_Q_l4 California odc_�Regulat one
_ —
Section 1829- 3_
(=b barge Veiiuerr Large 13rent�tc tycrat_org riot_2r viding food serviccs. but all2wing
fsr_f_Qod t y wthm,-;ihall_ g at the Large Venu_e�r
Barge Iyvent to cmmtZ1y with the requircmcnt of thi ectQu,cQmniencin January 1 2 24,
CL) hall cimolvwith_the tQl_I_ wing
requirement
LD Ar g-s} �-Q_rcco\cr the nlasin-um amount of_P.,dible IQod that would
otherwi e-h dLma? ied.
Contract with or enter into a written a regiment with F d Rccovcn
Organizations or P_oocl Recoycr_N,__�_crvices for:_{i)the collection ol'Ldibl_e l�o IQr
Food Recoyery�r ii acceptance of the, Edible food that the Commiiercial_Edil�l_c
Food�enera�relf-hautQthe Fed Kecoyer}Qrgani"ration for Food Rccovcr
UJ
Mall riot intenti2nal_I }�c it IycllZle_I=ood that is eaRa�l_e of being reccrcci
h+La FQod_Kccoycr; QrganiratiQi or a Food Rccover • , ervicc.
( _Allow Cit+�'sdc�ignated enforcement entity or designated third hart
enforcement entity to access the premises and review recQrds_R ant t_o 14
alifi rnia Code of Regulat4ns�ectiQi I�I_.4. — — — —
( KcP--Ecc-Qrds that include the lollo+vinrz intQrmatiQn or asothcrwisc
sRecilied in_l�alilornia Code_4f Regulat�t>�ectiQn 18921.4:
A A list of each Food Recovery'Service r organization that collects
or receives itshdittle Food ouuuant to a c4n-tract_or written agreement
e tafzl_i�hed undcr_I4 California Codc of Re'ulations Section 18991.3(I)j
CID A co y_2, aLCQuract5—or written agreements established under Ill
California Code ot_Regul_atigns erection 18991.3(b)_
((Q A record Qf the f LltQwin<• information for each of thQ.�-e Food
Recker} cryice_sor - od Rccovery r mnizations:
1i The name addrel,-,—a-t)Lc cQntact_infortn_ation of the Food
f2ccQ`cry_Scryice or Food Kecovervv OrganiratiQi.
Iltetykesof food that will be collected by a self-hauled 19
tlie_Food—Recovery Service or Food Recovcr;Qgani;a_tion.
ii the established frcqueney that food will be collectechQr
self- hauled.
i_y The uy amity of food, measured in pounds rec-QKere_d_
month, collected or self"-hauled to a Food Be_c_ vcyy S rvic_e or
Food Recovery Organization for Food Rcco+cr}.
(� CQnunencing no later than February 1 2Q22_for_Ticr nc Commercial
lyclii LhQjFQodsenerators and Fe_bruar+^l>?Q24 for "tier "f+vo commercial Pdi le
PoodQen-e-rators, Commercial Edible Food Genera�rs�hall_hro idc a quarterly
Food Rec�era retZort tithe Cit+,_that includes the information required in 14
Cvlif�niia C-Qde -QUbegulatiQns ection 18991. 4 "Kecord Kees—2g Requirenien
f r nuncrcial_l di41c Irood__QeneratQrs."
Nothing in this section shall be construed t limit or conflict with the rotecti�c n
hroyidc +=thg.-L ifornia C c d amaritan 1�o Donation rlct of 2017, the 1 cderal Good
amaritan Act, or share t�l2le and�chQol_food donation guidance pursuant to Senate l�ill -Z-Qf
8.22.060—Reauirementa_for Eo9d- ndReCOVery Organizations and Services
�i Fo4d Recover}' Services collectioe or receiving_Ixdittlel-LoQd dircctl fr m
C2iimercia] EdilZlc Pood Generators, via a contract or written agreement eta lisped under 14
California Code of Re ulations Sectim 1 1.3LbJ, shall maintain the Following records. or
otherwise s e>Z citiev 14 'alitornia�Qde of Reulations Section 18991.5(a)(11_
The name, addre_�-s,_and contact information For each Commercial lIdtle
Fod Generator from which the service collects Edible Food.
( fhe gaantity_i,[i hounds Qf Edible Food collected from each—Commercial
EF�di�lc Foszd Cicncra[or ocr month.
C The Uantit} in tUutds of f dible Food transported to each F'ood_R_e_c�ery
organization per month.
The name,_addre s, and contact information for each Pood Rccovcry
9rgani/ati n that the Food Recovery Sep ice tram Mrts Edible Food
Food Recover. to for
--
( Pood Recovery r i at�nscollectin or receiving Edible Food directly t_Qi
Commercial 1=dible Fo�at9rs via a contract or written agreement etabblished under 14
California Code 21' Regulations ection 18991.3(b). shall maintain_tiie f�lht_ng records. or as
othenyisc_slZecifed�}_14 California Code of Re�ulatiQnsection_18�.5U
The-narne,_address and contact information for eachGomntercial Edi Ic
Food Czcncrator Isom which the onninizat�n recerves ly Food.
L "fhe quantity.in pounds of Edible Pood received frQm_c_ach Commercial
Edible Food Generator per month.
The name. address. and contact information for each Food Recovery
service that the or �a �atj-Qn receives Erdible Food from for Food
Recovery.
Commencing .lanuar} 1. 2022 Food RecsZverN ganizations and Food Re
Services that ha]e their Rnmary address ��sical lv located in the Ci y and contract with or have
written agreements with one or more Com_ntercial I��dible Food Generators tzur�uant to 14
California ode f Regulations Section 18 ]..jO shall report to the City the lQal Bounds Qf
Eidible Food recovered in the tzrcyiois calendar year from the Tier] %v rcerf � mial
Edible Food Generators_the y_h_ave established a contract or written agreem_e_n_t with pursuant to
14 California Code of Regulations Section 18991 3(b). as applicab-c.
]n_Qrcter to support Edible Food Recovery etipcit� leg assessments or other
5-tudiesc0ndueted v the it,, that provides solid wa_ e collection services or its designated entity,
food E2cc yery Services and Food Rec2cry Organizations o ep rating in the 'ity shall I�rovide
information and c2nullat t2the wit Ron requee aesisling�rlZq�ed new or
corded,Fvod Recei� ca}Zacity that its Commercial Edible
PoLdUctien—Q,:�._A 1_ood Reco�ery-&rviceec r_hood_Itec verLrganization c t ted the
Llt�jhall_reslzon_d to such requc is 1'or information within�iQdaunless a shorter timeframc
thcnvis-e_s{zcciticd�l — - - -
Ue C Qmmencing_nQ_lai_er tthan_,tanua 12022- Food Rec�ery �erviee5 and
organization shall nrovidG I_gtialml}_reoort to the City which i dijde the information re wired
in 14 alitQrnia CQdc of Rc}'JlatiQ-w Section 1821 "FpQd Recovery Services and
ani at19J1S, -
8.22,079--Reauirements for Hauters_and_Eacility-Qpe[ators and Communitv_ComAostin9
OmAtions
a Requirements for Hauler
U The franchi hauler tzr�iding_rcadcntial. Commercial. or Industrial
Qrganic Was-te collection services to generators within the Citv_s
lZowidaries shal_I meet the fQllo`ving requirement� an_d standards a a
cQiidition ofapaEg%,a ot'a contract agrecmeiit,2r other—authorization with
the City to cQllecganic Waste_ -
A 14mgh written_notice_[Q_the City annually m it e(Qre_tanuar�
1 ` i le_ntifv j c facilities to which they will trangRort Qr panic
Waste including the facilitie-� forSource_SeRarated Rccycla le
Mat nalsa_nd Soune etzaraled Green_Container Organicia e
as_arzizlic a le_
i I runs rt �urce eparated Kcc�clahl_eNI tcrials and Source
�arated rreen C�Qntainer-rganic W< e to a facilitIieratin,
activity, or tzrQlzcrta_that rcc viers rpanic W'a�te a5detined_in 1 1
-
calil_ornia CzQctc of Regulations. DivjSjOil 7. Chanter 12 Article 2
(C tain_ap royal from the Cit to haulOrganic 1Vastc, unlc t i
tr�ns=2rtin . ourccr elzarated�rganic Waste to a Conununit}
Compiing site gr Iaw(ull�tran porlin , C J) in a manner that
c2mlzl__ics�yith I tlitgrnia C�Qd_c_Qf Rcgulat Qns.
5ectn 18989.1 and the I_luntingto 1 I3each Municija Qode_
CID The. f -n-Qhiie---hauleL--shall c ply with edu-cnim equipment,
age. cont_ai_ner labelling, cmtai.tter color. contamination
MQD g. reporting, and athernegitirements contained within its
Franchise A re ment. as may lie amended from time to time.
LED NotwiihhtaQdine any the foregoiugn(shing in this Chanter shall
restrict or otherwise prohibit the_fran6j eAajuI rrQm meeting
compliance requirements by a{ly�tlternative—
methods or
----
procedures, prov_idedit co nplies with SB_1-83, the SB 1383
Rcgu_1a34ns andQr-Anv other a_p_plicable law, as may bg amended
from time to time.
(-h) Regttireme_ntrfQr Facility pmit rs and Qg-mmunity LQj_mRQ in Q{Zerat Qns
U wners-Qf facil_itics,operations and activities that recover Or is�Va -tc,
including, but not limited to, mRQst_faciIities in-veael di' cgtion
facilities, and publicly-oxvne_d_treatment wQrks shall, upon th_e�v_s
request, provide inlb ati regarding available and potential new or
c {handed capacih�a[ their Pacililics, o{Zcrati ns and activities, including
information about throughout and iZemtitt_ed capaciticces�arvJtbr
tanning {Zrposes. Iaititiercoutact-e_d_b}_the Cit} shall_resRQndwithin 0
d[� -
( Conununih m o lingo{Zeral2rs�uRQn_lhc City_s rcdue_st Mall_ rRoyi¢e
information to the Uty tto uplZQrt�rganic i1'aste caRacit}planning
including,but not I_imitedt�_an estimate of_thc_amount of Organic Waste
anticipatedto be handled at the (�Qnimunity om osting— {u im
E tides cuta_cted 1�� the halI respond within 60 dam
$ 22 0$0--Requirements for City DgRgdmen ,_DirecLSetvice-aoyiders�nd-Vendots
Prr curenient_Requirement�i-for Cih departments, direct service providers, and vendors
shal�c a�S et forth in SectiQn_3.0 1663 and all Qthcr a12 ica�l_c�it�nrocurement policies.
8.22.09_=Comaliame with CALGreen RecYding.Reguirements_
Persons appl••in , tg or a-agmit_frQm the City for ne ( nst�ruction and building additions
and altcrnat_ionishall also cone a,xn l the requirement Qf S! tion 17_32.QM
&22.10.0=ModeLWater_Efficient Landscaping-4rdinanceReguirements
n�aRplicable, all peron�and/Qr e_ntitics su�jcct to the MWELO shall com2lvVall
SQoL 2 6fa 3)(13 (Cl. (Dl, and (G). a amundcd c{2tcmtZcr.152Q1� "fhe MWI LO
minaliance items listed herein are n2t_an mclusivc lift of MWFL ments: therel requireQre
pr�erty owners or t_I_ieir wilding or land_�caRe_dcsigner_s that meet the threshold for MWIELO
conp hned hcremjiall conadt the full M WI=1 It r all requirements
If after the adoption of this Chapterjhc CafitQrnia Dcaarlmcnt�f Water Resources, or
itajiucce �Qr agei y amends 23 California Code of Regulati�is� 2� a)( 32 (
1�_a_nd in a manner that reguire_s_the ( itv to incor�ora_t_e the requirements of an undated
MWL� a lQcal�rclinause and the amended reguir_emc�it�are mQr_c�tringent th_an_those
required in th sectiQn the revised requirements shall be eniQrced
8 2211Q=Inspecti-ons-andlnvestigations by-the_Ci�t
a Q1, relZrese_ntatives and/or its designated entity, iticluclillg Iles ign_cc _arc
— —
authoriicd to conduct Ins(Lctions and investigations tt ratidQn>_Qr Qdicrwi�c,2l•an} collection
cQntamer collection vehicic loads, or transter�l r�cesstng,or d p--osal lacilit�lor ntatcrialti
coIIQctcdliQm gcnerzityi,QiLQurce-eIZaratcd taterials to confirm—c—ompaamceyiith thji
ha ter• st ect tQ ap}Zlicahlc lawj. 'Lh �c_ction does not allow Cit} t( enter the mucriQr_Qf a
} r�ivate re�idential_lzrQ}Zcrty 1'Qr InsRcction. 1=or the 2urnoses of inslZecting�cLnniercial Busin_cls
cQntamcrs for compliance Ibr this Chapter. the-City may e nd to container In�p ction lor
PrQhifzited (�-ontaincr Contaminants usim�Remote Monitoring and��It1mCfClal 13usmesses shall
accommodate atid_c_Qg)zerat_c witit_the_Remotc Monitoring where applicahlc.
16� Regulated entithall_IZrQ, de or arrange for accc ti during all InylZect Qn with
the esce2ti2n Qf rc�idential M tv interiors) and shall cooRerate with 4it�`�etnRl_o�ee�or its
delignatedentityLDesignce during such Inspections and invc�tigatiQng. uch_InslLectiQn tnd
invegtigations mayy include confirmation of proper placetncnt of materials in contarncra Fdi le
Fold Recover activiticA-jno rds. or anther requirement of this Chapter de.cri ed herein.
Failure to provider arran geg 1_or: (i�_access to an entity rep miser r ii) ac(e t2rccQrd�f r
any ln5RectiQn-Qr investigation i :a violation ofthis Cha teed may result in}}e_nalties descrilzed,
Uc An), rccordF,-Qhtained p^atCity during its Ins cR ct ors R_en�t_e LQnitQring, and
other rc --e�hah he subject t4 the requirements and appl catzlc disclQyurc eyempt ors of_th_c
f ul lic_I_Zecord�Act asct_lorth in Government de__$_ectiQn_C250 et q,
Qta,=e -e�cntatives its designated entil} and/or Ike ignec_are_authQrri cd tQ
conduct an_}_InglZcctions Rcrnote %9onilorin} or other inve�ligaliQnra�rca�onatZl�ncccsary_t-Q
further the goal� o this Chat ter, Liblect to atZplica�lc laws,
The_Cily_shall_receime written cQntp.laints_tjQnt_ tltat_ina)l;e potentially n n-
c-�mpliant with SI3_I�83_RegulatiQns, inc.lttding receipt_QfatwnymQus_cctmplaints.
&22120=Ru I e s_a n d-Reaul ations
The Director shall make Lich_ruleLan-d regulations as may be neccsr and prc leer tQ
enfQrce_the_pr vigions of this Cha ter. A c p f anv rule-Qr regulatiQn r} o�ilgatcd bjthe
OrectQr shall be presided to the 'it itncil.
&22.13.0=Enforce meat
(a) Violation of am�arovision�f thi��ha>ztcr shall constitute grQundsjbr issuance
a i\btice of Violation and a e ment of a fine b a 'ity Fnft rccm_ent fl cialr repre ntative.
Ip nforcement Actions under thi�ChatZter are issuance of an administrative citation and as�esment
ofa line. The-ityLp-rocednrc�Qn imposition ofadministrative lines are here�� irrcQr4�orated in
_ _ ---- — -
thcir cntiret-, aumodified from time to time, and shall gQ,'ern thc_impQ ition enforcement,
cQll_ectiQn,_and revt_cw of administrative citations issued t2en[Qrcc thi Chapter and any rule or
regulation acloptcd pursuant to this Chanter, e-L a�otherwi�e indicated in this Chanter.
(b) Qthe_r rcmedcs-allowed baw maybe used, in_cluding_civil action or prosecution
aJ 1ll.i-dcniean2r Qr inJ?action. Th_c 'ity may or evil action in the(Aifornia cnurtLtQ_�cek
recQ%-,e y ot_un)Zard_admingratite, g atiQng_I I Cih may cho e t delay c urt action until such
4��—_ 2 _
time aka sufficiently large number Qf viQlatiQ or cumulative "i/-e f violations ecist such th u
court action i rea5onalylc use of Cih_staff and rc )urce�.
(c) I-nfcZrcement_IZuuuant tQ thiL-ChafZcr ma}ie undertaken Izy the Finforcement
fticiahvh ch_mayhe_the citema_nagcr c r their degnatedenuh, gal coup cl. or com inatiQn
thereof. _ _
(d) I'rQccs_CQr Enforcement
(1) EnfQrcem__ent I icia�nd/or their Qe�ignee will monitorcompliance Nvith
this ChaRtcr randnml}_and thjuugh_CQpi liance Review RQ_ute Review ,
imc_ tgati�itc compl_ainis,_and an Inspection tZrQgrstm, which may include
Remote MQnit_Qring,
(2) The it., aue an_ofticial notification to anti y regulated entities of
it > IigatiQn-s-under this_Chaptcr.
(3) Eori.tleidence�of Prohibited Contaiaew Contaminants found in containers.
the City will issue a Notice of Violation to an enerator found to have Prohibited
C9ntainer C aminanat a cQntainer�uch notice will e orovidesi via a cart tag
or other communisation immediately upon identification of_the Prohibited
ntai eucontaminant or within five days fter determining_that a violation has
2ccsinCe l if the City or its authorized QeLignee observes Prohibited ConLain_er
QQntaminants-in a penerator:5-cQntainer -Qn three consecutive occa�QnNv_ithin a
i\-mQnth time neriQd�lh -U3 may a5aess contamination--au e-asing__fees or
cQntaminat_9 nonalties-Qn the generator.
(=4) With the ejceRtiQn-Qf vL ations of ,,eneratQ contamination of container
contents, the City shal_I issue a Notice QJ• Vi_QlatiQn rc_yuirin_g compliance within
kQdays Qf-asuance Q1 the notice,
(5) rlh cnt compliance 12�the resfzondent within the dea_dlittc met forth in the
LNQtjce Qf V-L lkttion the Li Ahabcommence in action to impose penalties via
an adminis-trative citation and line, pursuant t hailer 1.14�Qf the Huntinf,ton
Beach Municiml oe_d — - _ —
Notice hall e ent tQ_Q`vner' at the official address the owner maintained
h}the tam col I_ect2r f2r the Cit r i f no such addre �i�avail_alZle to the %ner at
the addreQf the dwellingor C Qmm_ercial_prQgcrtp tr to_thc arty rc�pQni�le_fQr
flaking fQr the collection r ices• depen_din pop availa le inlonnatiQn.
(e) Penalty r\mounts for Cx2es of Violations
(1) for a tirst%,iolati rj, e amiunl_Qf the_lzenalh shape i-00 er vi I_ation.
(2) for—a sccQnd vi hitionte am� Qf nt the eR nalt��al�e 200 M
v_i 2lation. — -- —
(3) for a third or subwque_n_t violation, the amount of the_jzenal_t} -s-hall IZe
$52per violation.
(t) Comphance Deadline &x_tension CQnsidcreitiQns
The itv mt e tend the cQnipliance deadlines set f rth it a \'Qticc of Violation issued it
it finds that there-are exte_nuatin circumstam es e -Qnd_the c_QntroI of the respondent that vial e
c in I ce w thin the deadlines imtZractica�le, including the following
(1) Acts of God such as_earthquakcs, wildfires. Ilooding,and Qther
emer c}, ncies or natural disasters:
(2) Delays in obtainim discrctionary permits or other g�erntnent_a get c
approvals: or.
(3) lDeticiencie�in Or Linic Waste recycling infrastructure Qr Edible rood
Rec�en caRacit,_and the-City is under a c_Qrrecuve action [Zan with CalRecycle
{iursuan_t to l4 California C!Qde--Ql=Regu_la_tions�ection 1A996.2_ductth_Qse
deficiencies.
(g) Anneals Process
Persons receiving an administrative citation c ntaining e� n<ilt iQr an uncorrected
vigation ma reau�_a hearing Q-a}peal III c_citation. A hearing +ill_lZc held Qnly if it is rCque�tcd
within the time amas itZed_an_d consistent with 'it�LLKQccdures_for aP cals of administrative
citations. Evidence ma}_be presented at the hcaring_I he City will ap nt a_ heari rig ofticcr who
•hs all cQnduet_thc hearing and issue a final written order.
(h) Education Period for IN j—C-wilp- lance
L3sg l g January 1. 2022_and through D_ecem0er l?02 _the �itywiI conduct
n pections,_Remote NIoniloring RQute Reviews or �vageevaluations tnd �QmlZlinncc Revie«
detZending u-non the tyQe tegula[cd entity to determine c miZliance and if(�ity_determincs that
Organic Waste Generator, haulCl', Tier Qnc C,Qnuncrual 1=di01c PQQdQecr "oRc rnQo cy
Qrganization. rood RecQ%,gv ervice, or other entity i not in com ancc. it shall Rr�ide
educational materials the ati nn an Q _ a _notce that
compliance is required b� January I. 2022, and that%iQlation�mav be ub'cct t i admini tr<ttivc
civil penalties larting_Qn January 1. 2o24.
(i) Civil Penalties for Non=(�om{Ziancc
Be �i��Janua_nyl, 2024_, or an extended date�et by C alRec�cle il_th_c y dcter_mines
that an Or anic Was Generator. hauler. Tier OnC or Fier Two Commercial Pdihle Pond
(icileratgr hauleyfcLQLd Recker_arrganizatio_n, food Recovery en ther_e_n_tity—i. not in
cQmpl_iance with this Chapter,_iI_shall_document the noncom2l4nce—Qr vi2latiQn, issue a Notice
-Qf Violation, and take Gntorcement Action MMi iUnt t2thi-s ChaRter and Late law, as needed
CITY OF HUNTINGTON BEACH
PUBLIC WORKS DEPARTMENT
Introduction of Ordinances for the
Implementation of SB 1383 Regulations
December 21, 2021
Background
The Short-Lived Climate Pollutant Reduction Act
of 2016 ( SLCP ) , also known as SIB 13831
established statewide mandatory Methane
Reduction Goals
Landfills are the third largest source of methane
in California
CalRecycle responsible to develop regulations to
implement and enforce the mandates
Background
SB 1383 mandates a 75 % reduction in
statewide organic waste disposal and 20 %
recovery and redistribution of edible food to
hungry people from 2014 levels by 2025
This is the most comprehensive solid waste
legislation since AB 939 was enacted in the
1990 's
Implementation Regulations
Extensive and detailed regulations were
created by CalRecycle and approved by the
Office of Administrative Law in November
2020 .
Jurisdictions are responsible to create and
implement all mandated organics programs
and to ensure 100% compliance .
City of HB Responsibilities
Provide organics (food , yard and fiber)
collection to all residents and businesses
without relying on the generator to "opt-in"
� Expand existing edible food recovery program
Conduct outreach and education to all affected
parties in multiple languages
Procure products made from recycled organics
including compost, mulch , and paper
City of HB Responsibilities
Enforce CALGreen construction and demolition
recycling along with space for recycling
containers in certain new or remodeled
buildings
Provide the mandated inspections and
enforcement per the regulations
Maintain accurate , timely records and provide to
CalRecycle upon request
Adopt ordinance to implement and to enforce
the required programs
Tonight's Ordinance
The City Attorney has drafted amendments and
additions to the HB Municipal Code that comply
with CalRecycle's requirements for enforceable
local regulations
Adds Ch . 8 .22 Mandatory Organics Waste Disposal to
the Huntington Beach Municipal Code
This new chapter provides a complete framework for
all mandated residential and commercial services ,
inspection , and enforcement
Tonight's ordinances
Adds Ch . 17 . 52 . 020 to the HB Municipal Code to Adopt
the CALGreen Building Standards for Local
Enforcement
Amends Ch . 3 . 02 Purchases of Goods and Services to
add the requirements for recycled content organic
products, including compost, mulch and paper
Amends Ch . 8 . 21 Refuse Management of the HBMC to
align certain definitions with the new regulations and
minor cleanup language
Next Steps
Finalize franchise updates with Republic Services
via HF & H consultants
City Council approval of residential and
commercial rate increases to pay for the
new/expanded services
Roll out new/expanded programs and educate all
generators about the new programs and how to
comply
Report progress to CalRecycle
�r
III
Questions and Comments
CITY OF HUNTINGTON BEACH
PUBLIC WORKS DEPARTMENT
Introduction of ordinances for the
Implementation of SB 1383 Regulations
December 21, 2021
Background
The Short- Lived Climate Pollutant Reduction Act
of 2016 ( SLCP ) , also known as SB 13839
established statewide mandatory Methane
Reduction Goals
Landfills are the third largest source of methane
in California
CalRecycle responsible to develop regulations to
implement and enforce the mandates
Background
SB 1383 mandates a 75 % reduction in
statewide organic waste disposal and 20 %
recovery and redistribution of edible food to
hungry people from 2014 levels by 2025
This is the most comprehensive solid waste
legislation since AB 939 was enacted in the
1990 's
Implementation Regulations
Extensive and detailed regulations were
created by CalRecycle and approved by the
Office of Administrative Law in November
2020 .
Jurisdictions are responsible to create and
implement all mandated organics programs
and to ensure 100 % compliance .
City of HB Responsibilities
Provide organics (food , yard and fiber)
collection to all residents and businesses
without relying on the generator to "opt-in "
Expand existing edible food recovery program
cd Conduct outreach and education to all affected
parties in multiple languages
Procure products made from recycled organics
including compost , mulch , and paper
City of HB Responsibilities
Enforce CALGreen construction and demolition
recycling along with space for recycling
containers in certain new or remodeled
buildings
Provide the mandated inspections and
enforcement per the regulations
Maintain accurate , timely records and provide to
CalRecycle upon request
Adopt ordinance to implement and to enforce
the required programs
Tonight's Ordinance
The City Attorney has drafted amendments and
additions to the HB Municipal Code that comply
with CalRecycle's requirements for enforceable
local regulations
Adds Ch . 8 .22 Mandatory Organics Waste Disposal to
the Huntington Beach Municipal Code
This new chapter provides a complete framework for
all mandated residential and commercial services ,
inspection , and enforcement
Tonight's Ordinances
Adds Ch . 17 . 52 . 020 to the HB Municipal Code to Adopt
the CALGreen Building Standards for Local
Enforcement
Amends Ch . 3 . 02 Purchases of Goods and Services to
add the requirements for recycled content organic
products , including compost, mulch and paper
Amends Ch . 8 .21 Refuse Management of the HBMC to
align certain definitions with the new regulations and
minor cleanup language
Next Steps
Finalize franchise updates with Republic Services
via HF & H consultants
City Council approval of residential and
commercial rate increases to pay for the
new/expanded services
Roll out new/expanded programs and educate all
generators about the new programs and how to
comply
Report progress to CalRecycle
V
II
A•
rr
Questions and Comments