HomeMy WebLinkAbout2053ORDINANCE NO.2053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA AMENDING CHAPTER 6.04
OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
WASTE DISPOSAL AND DIVERSION
City Attorney's Summary
This Ordinance locally implements the regulations promulgated by the
California Department of Resources Recycling and Recovery to
implement SB 1383 and divert organic waste from landfills. This
Ordinance will require all residences and businesses to subscribe to
organic waste collection services and source separate organic materials.
This Ordinance will also establish an edible food recovery program to
recover edible food for human consumption. This Ordinance authorizes
the City or its designee to monitor and inspect regulated persons and
entities for compliance with the SB 1363 Regulations. Penalties for
violation of the SB 1383 Regulations are also established by this
Ordinance.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. SB 1383 (Chapter 395, Statutes of 2016) directed the California Department
of Resources Recycling and Recovery ("Cal Recycle") to adopt regulations to reduce
organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025;
and
B. SB 1383 also requires the regulations to recover, for human consumption,
at least 20 percent of edible food that is currently thrown away; and
C. CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12
(Short -Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of
Regulations ("SB 1383 Regulations"); and
D. The SB 1383 Regulations take effect January 1, 2022, and requires the City
of Palm Springs to adopt an ordinance to enforce the SB 1383 Regulations by said date,
and;
E. The City Council desires to amend its Waste Disposal and Diversion
Ordinance to comply with the SB 1383 Regulations.
Ordinance No 2053
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 6.04 is hereby amended in its entirety as set forth in
Exhibit A, incorporated by this reference.
SECTION 2. Environmental review is not required because adoption of the
Ordinance is not a project under the California Environmental Quality Act (CEQA)
pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of
governments not a project).
SECTION 3. If any section, subsection, clause or phrase in this Ordinance
or the application thereof to any person or circumstances is for any reason held invalid,
the validity of the remainder of this Ordinance or the application of such provisions to
other persons or circumstances shall not be affected thereby. The City Council hereby
declares that it would have passed this Ordinance and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases or the application thereof to any person or
circumstance be held invalid.
SECTION 4. No less than five days prior to the adoption of this Ordinance,
the City Clerk published a summary of this Ordinance in accordance with Government
Code section 36933. The City Clerk will certify to the passage of this Ordinance by the
City Council of the City of Palm Springs, California, and cause a summary to be published
once within fifteen (15) days after its passage in a newspaper of general circulation,
printed, published and circulated in the City in accordance with Government Code section
36933.
SECTION 5. This Ordinance shall take effect and be in full force 30 days
after its adoption.
Ordinance No 2053
Page 3
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 9th DAY OF DECEMBER, 2021.
Lisa Middleton, Mayor
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Ordinance No.
2053 is a full, true and correct copy, and was duly introduced at a regular meeting of the City
Council of the City of Palm Springs on November 18, 2021, and adopted at a regular meeting
of the City Council of the City of Palm Springs on December 9, 2021, by the following vote:
AYES: Councilmembers Kors, Woods, Holstege Mayor Pro Tern Garner, and
Mayor Middleton
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereuntq set my hand and affixed the official seal of the
City of Palm Springs, California, this 21 day of �,ecen- b�., , 2021.
Anthon J. M C, City Clerk
City of alm Springs, California
Ordinance No 2053
Page 4
EXHIBIT A
CITY OF PALM SPRINGS MUNICIPAL CODE
CHAPTER 6.04 WASTE DISPOSAL AND DIVERSION
• 6.04.010 Definitions.
• 6.04.015 Purpose of Chapter; Selection of contractor.
• 6.04.020 Containers —Provision required —Adequacy.
• 6.04.030 Containers —Multiple -family dwellings.
• 6.04.040 Containers —Domestic —Specifications.
• 6.04.070 Commercial -type bins.
• 6.04.075 Debris Boxes.
• 6.04.076 Stationary Compactor.
• 6.04.080 Liquid waste —Deposit.
6.04.090 Food Waste.
• 6.04.100 Construction and demolition debris.
• 6.04.110 Placing of Solid Waste, Recyclables, and Organic Waste in streets.
• 6.04.115 Curbside placement of Green Waste.
• 6.04.120 Unlawful use of Solid Waste, Recycling, or Organic Waste Containers.
• 6.04.130 Improper keeping of waste as nuisance.
• 6.04.140 Burning of waste prohibited.
• 6.04.180 Reserved.
• 6.04.190 Establishment of rates and pickup schedules.
• 6.04.200 Mandatory Solid Waste, Recyclable Materials, and Organic Waste
Collection.
• 6.04.210 Solid Waste, Recyclable Materials, and Organic Waste collection
service —Payments and receipts.
• 6.04.212 Termination of service.
6.04.215 Delinquent fees and charges —Alternative method of collection.
• 6.04.220 Disposition of moneys.
• 6.04.230 Rules by City Manager.
• 6.04.232 Disputes —Appeal.
• 6.04.234 Unauthorized collectors.
• 6.04.240 Cumulative remedies.
• 6.04.245 Powers and duties of the city Manager.
• 6.04.250 Unauthorized removal of waste and recyclable materials.
• 6.04.260 Public buildings —Maintenance.
• 6.04.270 Waste diversion —Permit required.
6.04.280 Waste diversion permit —Application and fee.
• 6.04.290 Requirements for Single -Family Generators.
• 6.04.300 Mandatory Commercial Solid Waste, Recyclable Materials, and Organic
Waste Collection.
0 6.04.310 Waivers and Exemptions.
Ordinance No 2053
Page 5
• 6.04.320 Commercial Edible Food Generators.
• 6.04.330 Food Recovery Organizations and Services.
• 6.04.340 Haulers and Facility Operators.
• 6.04.350 Self -Hauler Requirements.
• 6.04.360 Inspections and Investigations.
• 6.04.370 Enforcement.
6.04.010 Definitions.
As used in this chapter:
"Agreement" means any contract or franchise agreement for solid waste services
approved by the City Council.
"Blue Container" has the same meaning as in 14 CCR § 18982.2(a)(5) and shall
be used for the purpose of storage and collection of Source Separated Recyclable
Materials or Source Separated Blue Container Waste.
"Brown Container" refers to the Container used solely for the storage and collection
of Source Separated Food Waste.
"Bulky items" includes objects of furniture, household or industrial appliances,
shipping crates and containers and other large bulky or heavy objects not normally
discarded on a regular basis by City residences, commercial or industrial establishments.
"CCR" means the California Code of Regulations.
"CalRecycle" means the California Department of Resources Recycling and
Recovery.
"City" means the City of Palm Springs California.
"City Council" means the City Council of the City of Palm Springs, California.
"City Manager" means the City Manager of the City of Palm Springs or his or her
designee.
"Collection" means the act of collecting Solid Waste, Recyclables, or Organic
Waste at or near the place of generation or accumulation.
"Commercial" or "Business" or "Commercial Business." Means a business,
industrial, commercial establishment, and any multiple -family, residential dwelling with
five (5) units or more.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two
Commercial Edible Food Generator as defined in this chapter or as otherwise defined in
14 CCR § 18982(a)(73) and (a)(74).
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"Commercial Solid Waste" means all solid wastes generated by a store, office, or
other commercial or public entity source, including a business as defined in this chapter
or a multiple -family residential dwelling.
"Community Composting" means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or in combination,
and the total amount of feedstock and compost on -site at any one time does not exceed
100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4), or, as
otherwise defined by 14 CCR § 18982(a)(8).
"Compliance Review" means a review of records by the City to determine
compliance with this chapter.
"Compostable Materials Handling Facility" means an operation or facility that
processes, transfers, or stores compostable material. Handling of compostable materials
results in controlled biological decomposition. Handling includes composting, screening,
chipping and grinding, and storage activities related to the production of compost,
compost feedstocks, and chipped and ground materials. "Compostable Materials
Handling Operation or Facility" does not include activities excluded from regulation in 14
CCR § 17855. "Compostable Materials Handling Facility" also includes:
(1) agricultural material composting operations;
(2) green material composting operations and facilities,
(3) vegetative food material composting facilities;
(4) research composting operations;
(5) chipping and grinding operations and facilities; and,
(6) biosolids composting operations at publicly owned treatment works.
"Construction and demolition debris" or "C&D" means bricks, stones, mortar,
concrete, asphaltic concrete, wood, or other debris including used or discarded materials
removed from premises during construction, renovation, remodeling, repair, or demolition
operations including the demolition of buildings or structures
"Container" means a cart, can, commercial bin, debris box, or stationary compactor
intended for the purpose of depositing waste for disposal, except construction and
demolition debris and bulky items, or recyclable materials for diversion. Containers may
be provided by City or its authorized agent, or for manual collection as may be required
to be provided by the property owner or occupant generating Solid Waste, Organic Waste
or Recyclables.
"Container Contamination" or "Contaminated Container" means a Container,
regardless of color, that contains Prohibited Container Contaminants, or as otherwise
defined in 14 CCR § 18982(a)(55).
"Contractor" means any party to an agreement with the City for Solid Waste
management services and shall include all subcontractors and assigns to such
agreements.
Ordinance No 2053
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"Designated Source Separated Organic Waste Facility" shall have the same
definition as 14 CCR § 18982(14.5).
"Designee" means an entity that the City contracts with or otherwise arranges to
carry out any of the City's responsibilities as authorized in 14 CCR § 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, or as otherwise
defined in 14 CCR § 18982(a)(18). "Edible Food" is not Solid Waste if it is recovered and
not discarded.
"Enforcement Action" means an action of the City to address non-compliance
including, but not limited to, issuing administrative citations, fines, penalties, or using other
remedies.
"Enforcement Officer" means the City Manager, county administrative official, chief
operating officer, executive director, public works director or other executive in charge or
their authorized Designee(s) who is/are partially or wholly responsible for enforcing this
chapter.
"Food Distributor" means a company that distributes food to entities including, but
not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR §
18982(a)(22).
"Food Facility" has the same meaning as in Health and Safety Code Section
113789.
"Food Recovery" means actions to collect and distribute food for human
consumption that otherwise would be disposed, or as otherwise defined in 14 CCR §
18982(a)(24).
"Food Recovery Organization" means an entity that engages in the collection or
receipt of Edible Food from Commercial Edible Food Generators and distributes that
Edible Food to the public for Food Recovery either directly or through other entities or as
otherwise defined in 14 CCR § 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Health and Safety Code Section 113783;
(2) A nonprofit charitable organization as defined in Health and Safety Code
Section 113841; and,
(3) A nonprofit charitable temporary food facility as defined in Health and Safety
Code Section 113842.
"Food Recovery Service" means a person or entity that collects and transports
Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization
or other entities for Food Recovery, or as otherwise defined in 14 CCR § 18982(a)(26).
"Food Service Provider" means an entity primarily engaged in providing food
services to institutional, governmental, Commercial, or industrial locations of others based
Ordinance No 2053
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on contractual arrangements with these types of organizations, or as otherwise defined
in 14 CCR § 18982(a)(27).
"Food Waste" means food scraps separated from Solid Waste that will decompose
and/or putrefy including (i) all kitchen and table food waste, and animal or vegetable waste
that attends or results from the storage, preparation, cooking or handling of food stuffs,
and (ii) paper waste contaminated with food waste.
"Franchise" means the right of a person or entity to make arrangements for the
collection and transportation of Solid Waste, Recyclable Materials and Organic Waste to
landfills, transformation facilities, material recovery facilities, processing facilities, or other
licensed Solid Waste management facilities, and/or the ability to extricate recyclable
material from all Solid Waste including Recyclable Materials, Green Waste, composting
material, or Organic Waste.
Franchisee" or "Hauler" means the holder of a Franchise.
"Generator" or "Waste Generator" means a person or entity that is responsible for
the initial creation of waste.
"Gray Container" has the same meaning as in 14 CCR § 18982.2(a)(28) and shall
be used for the purpose of storage and collection of Solid Waste.
"Green Container" has the same meaning as in 14 CCR § 18982.2(a)(29) and shall
be used for the purpose of storage and collection of Source Separated Green Container
Organic Waste.
"Green Waste" means any and all forms of biodegradable plant material which can
be placed in a Green Container, such as wastes generated from the maintenance or
alteration of public, commercial or residential landscapes including, but not limited to, yard
clippings, leaves, tree trimmings, prunings, brush, and weeds as well as green waste.
Tree stumps and limbs greater than six inches in diameter are excluded.
"Grocery Store" means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that
is not separately owned within the store where the food is prepared and served, including
a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR §
18982(a)(30).
"Hauler Route" means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise defined in 14 CCR §
18982(a)(31.5).
"Hazardous Waste" means any waste materials or mixture of wastes that is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through
decomposition, heat or other means, if such a waste or mixture of wastes may cause
substantial injury, serious illness or harm to humans domestic livestock or wildlife.
Hazardous Waste includes any material so defined by state or federal law.
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"High Diversion Organic Waste Processing Facility" means a facility that is in
compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or
exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent
between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025,
as calculated pursuant to 14 CCR § 18815.5(e) for Organic Waste received from the
"Mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or, as
otherwise defined in 14 CCR § 18982(a)(33).
"Infectious Waste" means waste capable of producing an infection or pertaining to
or characterized by the presence of pathogens. It includes, but is not limited to, certain
wastes generated by medical practitioners, hospitals, nursing homes, medical testing
labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs
and any waste that includes animal wastes.
"Inspection" means a site visit where a City reviews records, containers, and an
entity's collection, handling, recycling, or landfill disposal of Solid Waste, Recyclable
Materials Organic Waste or Edible Food handling to determine if the entity is complying
with requirements set forth in this chapter.
"Large Event" means an event, including, but not limited to, a sporting event or a
flea market, that charges an admission price, or is operated by a local agency, and serves
an average of more than 2,000 individuals per day of operation of the event, at a location
that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot,
golf course, street system, or other open space when being used for an event.
"Large Venue" means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. 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. 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, or as otherwise defined in 14 CCR § 18982(a)(40).
"Mixed Waste Organic Collection Stream" or "Mixed Waste" means Organic Waste
collected in a container that is required by 14 CCR §§ 18984.1, 18984.2 or 18984.3 to be
taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in
14 CCR § 17402(a)(11.5).
"Multiple -Family Dwelling" "Multi -Family Residential Dwelling" or "Multi -Family"
means premises used for residential purposes with five (5) or more dwelling units,
including condominium projects, duplexes, townhouse projects, apartment houses, or
mobile home parks, irrespective of whether residence therein is transient, temporary or
Ordinance No 2053
Page 10
permanent which receive collection services from centralized locations. Multi -Family
premises do not include hotels, motels, or other transient occupancy facilities, which are
considered Commercial Businesses.
"Notice of Violation" or "NOV means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as otherwise defined
in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.
"Organic Waste" means Solid Waste containing material originated from living
organisms and their metabolic waste products, including, but not limited to, Food Waste,
Green Waste, landscape and pruning waste, nonhazardous wood waste, and food -soiled
paper waste that is mixed in with Food Waste.
"Organic Waste Generator" means a person or entity that is responsible for the
initial creation of Organic Waste, or as otherwise defined in 14 CCR § 18982(a)(48).
"Owner" means the person, organization or corporation holding legal title to the
real property constituting the premises to which Solid Waste management services are
provided or required to be provided.
"Paper Products" include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling,
or as otherwise defined in 14 CCR § 18982(a)(51).
"Premises" means any parcel of land, building and/or structure or portion thereof,
in the City where Solid Waste is produced, generated or accumulated.
"Printing and Writing Papers" include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR § 18982(a)(54).
"Prohibited Container Contaminants" means the following: (i) discarded materials
placed in the Blue Container that are not identified as acceptable Source Separated
Recyclable Materials for the City's Blue Container; (ii) discarded materials placed in the
Green Container that are not identified as acceptable Source Separated Green Container
Organic Waste for the City's Green Container; (iii) discarded materials placed in the
Brown Container that are not identified as acceptable Source Separated Brown Container
Food Waste for the City's Brown Container; (iv) discarded materials placed in the Gray
Container that are acceptable Source Separated Recyclable Materials, Source Separated
Green Container Organic Wastes, and/or Source Separated Brown Container Food
Waste to be placed in the City's Blue Container, Green Container, and/or Brown
Container; and, (v) non -Solid Waste items 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, or as otherwise defined in 14 CCR § 18982(a)(60).
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"Recovery" means any activity or process described in 14 CCR § 18983.1(b), or
as otherwise defined in 14 CCR § 18982(a)(49).
"Recyclable Materials" or "Recyclables" means material that can be separated
from waste for the purpose of reusing or returning these materials in the form of raw
materials for new, used or reconstituted products that meet the quality standard
necessary to be used in the marketplace, or for composting, such as, but not limited to,
paper, cardboard, glass, metal and aluminum cans, and plastics.
"Recycle" or "Recycling" means the process of salvaging, transporting, sorting,
marketing, reusing, reprocessing or remanufacturing Recyclable Materials.
"Recycled -Content Paper" means Paper Products and Printing and Writing Paper
that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise
defined in 14 CCR § 18982(a)(61).
"Recycling Facility" means a business that collects or processes recyclable
materials.
"Remote Monitoring" means the use of the internet of things and/or wireless
electronic devices to visualize the contents of Blue Containers, Green Containers, Brown
Containers and Gray Containers for purposes of identifying the quantity of materials in
containers (level of fill) and/or presence of Prohibited Container Contaminants.
"Residential." Any residential dwelling.
"Route Review" means a visual Inspection of containers along a Hauler Route for
the purpose of determining Container Contamination, and may include mechanical
Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR §
18982(a)(65).
"Salvaging" means the process of controlled removal of waste for the purpose of
Recycling or for the purpose of reuse without reprocessing or reman ufactu ring.
"SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016), which
established methane emissions reduction targets in a Statewide effort to reduce
emissions of short-lived climate pollutants, as amended, supplemented, superseded, and
replaced from time to time.
"SB 1383 Regulations" means the Short -Lived Climate Pollutants: Organic Waste
Reduction regulations developed by CalRecycle and adopted in 2020 that created 14
CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27
CCR.
"Self -Hauler" means a person, who hauls Solid Waste, Organic Waste or
Recyclable Materials he or she has generated to another person. Self -Hauler also
includes a person who back -hauls waste, or as otherwise defined in 14 CCR §
18982(a)(66). "Back -haul" means generating and transporting Organic Waste to a
Ordinance No 2053
Page 12
destination owned and operated by the Generator using the Generator's own employees
and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A). To "self -haul"
means to act as a self -hauler.
"Single -Family" means of, from, or pertaining to any Residential Premises with
fewer than five (5) units.
"Solid Waste" means all putrescible and non-putrescible solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
construction and demolition wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge
that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes,
and other discarded solid and semisolid wastes. Solid waste does not include hazardous,
radioactive waste or medical waste.
"Solid Waste management services" means the planning, design delivery and
monitoring of systems and processes to collect, transport and dispose of Solid Waste and
activities to divert waste from landfills.
"Source Separate" means the process of removing Recyclable Materials and
Organic Waste from Solid Waste at the place of generation, prior to collection, and placing
them into separate Containers that are separately designated for Recyclable Materials.
"Source Separated Blue Container Waste" means Source Separated Recyclable
Materials that can be placed in a Blue Container.
"Source Separated Brown Container Waste" means Source Food Waste that can
be placed in a Brown Container.
"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 Waste, carpets, non-compostable paper, and textiles.
"Supermarket" means a full -line, self-service retail store with gross annual sales of
two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned
goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR
§ 18982(a)(71).
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square
feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
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"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
(2) Hotel with an on -site Food Facility and 200 or more rooms.
(3) Health facility with an on -site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on -site Food Facility.
"Waste diversion" means any effort to reduce the amount of waste disposed of at
landfill by reduction, reuse, recycling or composting.
"Wholesale Food Vendor" means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and vegetables) is
received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or
other destination, or as otherwise defined in 14 CCR § 189852(a)(76).
6.04.015 Purpose of Chapter; Selection of contractor.
(a) It is hereby declared and determined that the business of collecting,
transporting, disposing and/or Recycling of Solid Waste affects the health, safety,
and public welfare and the quality of life of the residents of the City, including
without limitation, the frequency of collection, means of collection and
transportation, level of service, charges and fees, and whether Solid Waste
services are to be provided by means of non-exclusive, partially exclusive, or
wholly exclusive, franchise, contract, license, or permit, and the terms and
conditions of such franchise, license, or permit. It is therefore one purpose of this
Chapter to regulate this business in order to ensure its orderly operation and to
minimize the adverse effects it may have on the local environment.
(b) It is also the intent of this Chapter, aside and apart from the purpose of
regulation, to generate revenue for municipal purposes including but not limited to
the maintenance of the public streets and roadways which are impacted by the
heavily laden vehicles used in this business.
(c) It is also recognized that the City is required to prepare, adopt, and
implement an integrated waste management plan and that the City may impose
fees to fund the cost of this effort. Therefore, it is the purpose of this Chapter to
assist in implementation of an integrated waste management plan and to provide
funding toward the cost of that plan.
(d) Pursuant to the provisions of Article X of the Palm Springs City Charter
(Section 1000 et seq.), the City Council is empowered to enter into an agreement
for solid waste management services through a private contractor. The granting of
Ordinance No 2053
Page 14
exclusive or nonexclusive franchises for solid waste management services are
within the classification of "municipal affairs," and the provisions of this Section,
together with the provisions of this Chapter, shall constitute the exclusive
procedure applicable to the grant of franchises for conducting the business of
collecting, transporting, disposing, and/or recycling Solid Waste in the City.
(e) At least every fifteen (15) years, a City franchise agreement for the
collection and disposal of Solid Waste and for the Collection of Recyclable Material
and Organic Waste shall be granted and approved by ordinance. The City Clerk
shall give notice of the City Council's consideration of a franchise agreement by
providing notice pursuant to Government Code Section 6061, ten days in advance
of the hearing.
(f) The City Council shall not engage a Franchisee or contractor which has
been, or whose officers, directors, shareholders, subsidiaries, affiliates, employees
or agents have been found guilty of felonious conduct related to antitrust activities,
illegal transport or disposal of Hazardous Waste, or bribery of public officials.
(g) Further, during the term of any agreement with the City, should the
Franchisee or contractor or any of its officers, directors, shareholders, affiliates,
employees or agents be found guilty or should it be determined to have been found
guilty of such felonious conduct described above, the City Council reserves the
unilateral right to terminate its agreement or to impose such other sanctions (which
may include financial sanctions, temporary suspensions or any other condition
deemed appropriate short of termination) as it shall deem proper. Such action shall
be taken after the Franchisee or contractor has been given notice and opportunity
to present evidence in mitigation.
(h) The term "found guilty" shall be deemed to include any judicial
determination of guilt including, but not limited to, pleas of "guilty," "nolo
contendere," "no contest" or "guilty to a lesser charge" entered as part of a plea
bargain.
6.04.020 Containers —Provision required —Adequacy.
It is the duty of every person in possession, charge, or control of any premises
within the City, in or from which waste is produced, generated or accumulated, to provide,
and at all times to keep in a suitable place readily accessible to the Solid Waste,
Recyclable Materials, or Organic Waste collector, Containers capable of holding without
spilling all materials which would ordinarily accumulate on such premises between the
times of two successive collections. No Containers shall be located within locked gates
or doors or in a fenced or enclosed area that is also used to restrain animals at the time
of Collection. The Containers shall be filled no more than level full and shall be kept
covered. When amounts of waste exceed the capacity of the container, it shall be the duty
of the property owner or the person responsible for disposal of waste generated at the
premises to arrange for removal of such excess waste by the City or its authorized
representative.
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6.04.030 Containers —Multiple -family dwellings.
The owner of any multiple -family dwelling must provide or cause to be provided
such Solid Waste, Recycling, and Organic Waste Containers; and all Containers from any
multiple -family dwelling must be marked so as to indicate the unit to which they belong.
Alternatively, the owner of any multiple -family dwelling may arrange for Containers placed
at centralized locations provided by the waste collector, provided there exists adequate
space for storage in compliance with the requirements of the City.
6.04.040 Containers —Residential.
All Residential Containers shall be constructed of metal or plastic, equipped with
suitable handles and tight -fitting covers and watertight. In the event the City or its
authorized agent provides carts for Solid Waste, Recyclable Materials, and Organic
Waste for use in its collection system, domestic premises and commercial premises that
receive individual collection from carts shall utilize the carts so provided by separating
Solid Waste, Recyclable Materials, and Organic Waste.
6.04.070 Commercial -type bins.
(a) A commercial -type bin shall be suitable for the storage of Solid Waste,
Recyclables, or Organic Waste, and shall be equipped with slots or other devices
capable of being engaged by the arms of a front -loading truck designed for that
purpose.
(b) Commercial -type bins shall not be placed in or on public rights -of -way
adjacent to commercially zoned property prior to obtaining an encroachment
permit in compliance with the provisions of Chapter 14.16.
6.04.075 Debris Boxes.
Debris boxes shall be of welded steel construction suitable for storage of
construction and demolition debris, Green Waste, and bulky items, and shall be equipped
to be hauled by a roll -off type of refuse truck designed for that purpose. Debris boxes
shall be filled more than level full.
6.04.076 Stationary Compactor.
Stationary compactors shall be of welded steel construction, fully enclosed with
detachable compaction units suitable for storage of Solid Waste, except construction and
demolition debris and bulky items, and shall be equipped to be hauled by a roll -off type
truck designed for that purpose.
6.04.080 Liquid waste —Deposit.
No liquid waste shall be deposited in Containers with any Solid Waste, Recyclable
Materials, or Organic Waste.
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6.04.090 Food Waste.
All Food Waste should be drained of liquids and placed into a Green Container or
Brown Container, composted on site, or taken to a composting facility. Material placed in
a Container shall be managed according to guidance published by the City in terms of
wrapping or bagging.
6.04.100 Construction and demolition debris.
Waste resulting from demolition, remodeling, refurbishing, landscaping, or
construction at any premises shall not be deposited in Containers designed or otherwise
intended for domestic or commercial waste.
6.04.110 Placing of Solid Waste, Recyclables, and Organic Waste in streets.
No person shall place or deposit any Solid Waste, Recyclable Materials, or Organic
Waste in or upon any public place, street, alley, sidewalk or footpath in the City except in
proper Containers for the purpose of Collection by the collectors and between the hours
of 5 p.m. on the day before and 8 p.m. on the day when the City or its authorized agent
collects from particular premises.
6.04.115 Curbside placement of Green Waste.
For Green Waste placed out for collection by the Hauler, the material must be
placed in Green Containers as designated in Section 6.04.040 of the municipal code.
Placement of the Containers will be subject to the time restrictions specified in Section
6.04.110.
6.04.120 Unlawful use of Solid Waste, Recycling, or Organic Waste Containers.
It is unlawful for any person operating or connected with any business to place or
deposit Solid Waste, Recyclables, or Organic Waste in any Container placed upon the
public street by public authority, and meant primarily for the disposal of Solid Waste,
Recyclable Materials, or Organic Waste by pedestrians using the sidewalk. Such persons
and business premises shall contract separately for the removal of Solid Waste,
Recyclable Materials, or Organic Waste in Containers maintained by the persons or
business premises.
6.04.130 Improper keeping of waste as nuisance.
The keeping of waste in Containers other than those prescribed by this chapter, or
the keeping upon premises of waste which is offensive, obnoxious, or unsanitary shall be
unlawful, shall constitute a public nuisance, and may be abated in the manner now or
hereafter provided by law for the abatement of nuisances.
Ordinance No 2053
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6.04.140 Burning of waste prohibited.
No person shall burn any waste within the City, except in an approved incinerator
or other device for which a permit has been issued by the chief building inspector, which
complies with all applicable permit and other regulations of the air pollution control district,
and provided any such act of burning in all respects complies with all other laws and rules
and regulations administered by the air pollution control district.
6.04.180 Reserved.
6.04.190 Establishment of rates and pickup schedules.
The City Council shall, by resolution, from time to time, establish rates and pickup
schedules for collection and disposal of waste accumulated or produced within the City.
The Council may delegate to the City Manager authority to establish Collection schedules
and rates from all commercial and industrial premises.
6.04.200 Mandatory Solid Waste, Recyclable Materials, and Organic Waste
Collection Service.
(a) Every owner or occupant of real property within the City, shall subscribe to
Solid Waste, Recyclable Materials, and Organic Waste collection services.
(b) It is further unlawful, and a public nuisance, for any person to occupy or
inhabit any property within the City for which appropriate arrangements have not
been made and kept in full force and effect, including payment therefor, for regular
Solid Waste, Recyclable Materials, and Organic Waste Collection services, in
compliance with subsection (a) of this section.
(c) Every person having a duty, pursuant to subsection (a) of this section, to
make or cause to be made arrangements for regular Solid Waste, Recyclable
Materials, and Organic Waste Collection services, shall be liable for payment of
the appropriate service fees and charges therefor to the same extent and at the
same times, whether such person has or has not made the appropriate
arrangements for Collection services in compliance with subsection (a) of this
section. Whenever the fees or charges for such services have not been paid when
due, all of the persons mentioned in subsection (a) shall be jointly and severally
liable for payment thereof (together with any applicable penalties and interest)
irrespective of which person may have made any existing arrangements for
collection services, provided that an occupant of only a portion of a parcel of real
property or premises shall be deemed liable only for the fees or charges, or portion
thereof, attributable to Collection services for Solid Waste, Recycling, and Organic
Waste produced or to be produced or accumulated by the occupant.
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6.04.210 Solid Waste, Recyclable Materials, and Organic Waste collection service —
Payments and receipts.
All payments shall be made to the City or to its authorized agent, and appropriate
receipts therefor shall be issued.
6.04.212 Termination of service.
The City, or its agent, when authorized by the City Council, may terminate service
to any business or residential premises for nonpayment when fees and charges for Solid
Waste, Recycling, and Organic Waste collection services remain unpaid for sixty (60) or
more days.
6.04.215 Delinquent fees and charges —Alternative method of collection.
Any fees or charges for Solid Waste, Recycling, and Organic Waste collection
services which remain unpaid for a period of sixty (60) or more days after the date upon
which they were billed may be collected thereafter in the manner provided in Government
Code Sections 25831 and 38790.1. The amount owed may also be subject to a fee for
administration and handling in an amount approved by resolution of the City Council. The
remedy provided by this section is cumulative and alternative to any other method of
collection of such delinquent fees and charges.
6.04.220 Disposition of moneys.
All moneys paid to the City shall be deposited in the appropriate fund, as
designated by resolution of the City Council.
6.04.230 Rules by City Manager.
The City Manager shall have the power and authority to promulgate rules or
regulations supplemental to and not inconsistent with the provisions of this chapter
governing the keeping, placement for Collection, and the collection, removal and disposal
of Solid Waste, Recycling, and Organic Waste. Any such rules and regulation shall
become effective upon approval by the City Council. No person having knowledge of or
having been advised of any such rule or regulation shall disobey, violate, fail or refuse to
comply with the same.
6.04.232 Disputes —Appeal.
In any case where a dispute arises as to the rate charged or to be charged for any
service provided for in this chapter, or with regard to any matter concerning obligations
or responsibilities of the contractor under a franchise agreement or contract, the matter
may be referred to the City Manager, who, upon due investigation, shall resolve such
dispute. Any person aggrieved by the decision of the City Manager may appeal to the City
Council in the manner provided by Chapter 2.05 of this code.
6.04.234 Unauthorized collectors.
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Page 19
At such times as there is in force a contract entered into by the City with any
contractor for the collection and disposal of Solid Waste, Recycling, and Organic Waste
of the City and its inhabitants, it is unlawful for any person other than the contractor, or its
agents and employees, to collect any Solid Waste, Recycling, and Organic Waste for hire
within the City. This section shall not, however, be deemed to prohibit any person
performing gardening or landscape services, and who possesses an appropriate
business license for such activity, from carrying away Green Waste pursuant to Section
6.04.350, and generated by the gardening or landscape services performed.
6.04.240 Reserved.
6.04.245 Powers and duties of the City Manager.
The City Manager is empowered to inspect and supervise all Containers, wagons,
cars, trucks or other vehicles used in the retention, Collection and disposal of Solid Waste,
Recyclable Materials, and Organic Waste, and to see that the same are kept clean and
sanitary. The City Manager may also inspect places where Solid Waste, Recyclable
Materials, and Organic Waste are deposited. It shall be his duty to see that all provisions
of this chapter and all other applicable ordinances of the City are fully complied with.
6.04.250 Unauthorized removal of Solid Waste, Recyclable Materials, and Organic
Waste.
It is unlawful for any person, other than a person holding a permit for the collection
of Solid Waste, Recycling, and Organic Waste, to take, remove or appropriate for his own
use any Solid Waste, Recyclable Materials, or Organic Waste which have been placed in
any street or alley for collection or removal, whether such Solid Waste, Recycling, and
Organic Waste are placed in regular Containers or not. Notwithstanding the foregoing,
this section does not prohibit the collection or transportation of Organic Waste for delivery
to a Community Composting site.
6.04.260 Public buildings —Maintenance.
Public buildings and all parts thereof shall be maintained in good repair and in a
clean and sanitary condition, free from infestation by insects or vermin.
6.04.270 Waste diversion —Permit required.
All persons engaged in waste diversion within the City, and not operating under an
agreement with the City to provide waste management services, shall obtain a permit
from the City Manager to do so. Such permit shall be renewable annually. As a condition
of the permit, persons engaged in waste diversion activities shall be required to
periodically report the materials diverted by type, weight, and volume, as well as other
information on type, weight, and volume of items taken to the landfill at the frequency and
in the manner directed by the City Manager. A permit shall not be issued in instances
where issuance would conflict with other sections of the City's municipal code or with
agreements for waste management services entered into by the City. A permit shall not
be required of occupants of Residential Premises and Commercial Premises who desire
Ordinance No 2053
Page 20
to transport, redeem or otherwise salvage Recyclable Materials accumulated or
generated at their own Premises.
6.04.280 Requirements for Single -Family Generators.
(a) Single -Family Waste Generators shall subscribe to the City's three -
container system as described in Section 6.04.200.
(b) The City shall have the right to review the number and size 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,
Single -Family Generators shall adjust their service level for Collection services as
requested by the City. Generators may additionally manage their Organic Waste
by preventing or reducing their Organic Waste, managing Organic Waste on site,
and/or using a Community Composting site pursuant to 14 CCR § 18984.9(c).
(c) Single -Family Waste Generators shall participate in the City's three -
container Solid Waste collection service(s) by placing designated materials in
designated Containers as described below, and shall not place Prohibited
Container Contaminants in Collection Containers. 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
Solid Waste in the Gray Container, per City and collector guidelines. Generators
shall not place materials designated for the Gray container into the Green
Container or Blue Container, materials designated for the Green Container into the
Blue or Gray Container, nor materials designated for the Blue Container into the
Green or Gray Container.
6.04.300 Mandatory Commercial Solid Waste, Recyclable Materials, Organic Waste
Collection for businesses and multiple -family residential dwellings.
(a) Mandatory Commercial Recycling and Organic Waste Recycling.
(1) Generators that are Commercial Businesses, including Multi -Family
Residential Dwellings, shall subscribe to the City's three -container Solid
Waste, Recyclable Materials, and Organic Waste collection services. City
shall have the right to review the number and size 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
(2) A business or multi -family residential dwelling consisting of five or
more units shall comply with the following requirements:
Ordinance No 2053
Page 21
(A) Arrange for the regular collection of Solid Waste, Recyclable
Materials, and Organic Waste through the Franchisee and/or self -
haul Recyclable Materials and/or Organic Waste;
(B) Supply and allow access to an adequate number, size and
location of Collection Containers with sufficient labels or colors for
employees, contractors, tenants, and customers, consistent with
City's Blue Container, Green Container, Brown Container, Gray
Container Collection service or, if self -hauling, per the Commercial
Businesses' instructions to support its compliance with its self -haul
program.
(C) Place Source Separated Green Container Organic Waste,
including Food Waste, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; Source Separated Food
Waste in the Brown Container; and Solid Waste in the Gray
Container, per City and collector guidelines. Generators shall not
place materials designated for the Gray Container into the Green
Container, Brown Container (with the exception of Food Waste), or
Blue Container, materials designated for the Green Container into
the Blue or Gray Containers; materials designated for the Brown
Container into the Blue or Gray Containers; nor materials designated
for the Blue Container into the Green, Brown or Gray Container; and
(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 CCR §
18984.9(b), the Containers provided by the business shall have
either:
(i) 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 subsection prior to the
end of the useful life of those containers, or prior to January
1, 2036, whichever date is earlier.
Ordinance No 2053
Page 22
(ii) Container labels that include language or graphic
images, or both, indicating the primary material accepted and
the primary materials prohibited in that container, or
containers with imprinted text or graphic images that indicate
the primary materials accepted and primary materials
prohibited in the container. Pursuant 14 CCR § 18984.8, the
container labeling requirements are required on new
containers commencing January 1, 2022.
(E) 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, Brown 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 6.04.350.
(F) Excluding Multi -Family Residential Dwellings, annually
inspect Blue Containers, Green Containers and/or Brown
Containers, and Gray Containers for contamination and inform
employees if Containers are contaminated and of the requirements
to keep contaminants out of those Containers.
(G) Annually provide information to employees, contractors,
tenants, and customers about Organic Waste Recovery
requirements and about proper sorting of Source Separated Organic
Waste and Source Separated Recyclable Materials.
(H) Provide education information before or within fourteen (14)
days of occupation of the premises to new tenants that describes
requirements to keep Source Separated Organic Waste and Source
Separated Recyclable Materials separate from Solid Waste.
(1) Provide or arrange access for City or its agent to their
properties during all inspections to confirm compliance with this
chapter and SB 1383 Regulations.
(J) Accommodate and cooperate with the City's Remote
Monitoring program for Inspection of the contents of containers for
Prohibited Container Contaminants, which may be implemented at a
later date.
6.04.310 Waivers and Exemptions.
(a) De Minimis Waivers. The City may waive a Commercial Business' obligation
to comply with some or all of the Organic Waste diversion requirements of this
chapter if the Commercial Business provides documentation that the business
Ordinance No 2053
Page 23
generates below a certain amount of Organic Waste material as described in
Section 6.04.310(a)(2) below. Commercial Businesses requesting a de minimis
waiver shall:
(1) Submit an application specifying the services that they are
requesting a waiver from and provide documentation as noted below in
Section 6.04.310(a)(2):
(2) Provide 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 the 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 the Green Container comprises less than 10
gallons per week per applicable container of the business' total
waste.
(3) Notify the City if circumstances change such that the Commercial
Business's Organic Waste exceeds threshold required for waiver, in which
case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver for up
to 5 years, if the City has approved de minimis waiver.
(b) Physical Space Waivers. The City may waive a Commercial Business'
obligations 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
lacks adequate space for the Collection Containers required for compliance with
the Recyclable Materials and/or Organic Waste Collection requirements.
A Commercial Business may request a physical space waiver through the following
process:
(1) Submit an application form specifying the type(s) of Collection
services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for
Blue Containers and/or Green Containers including documentation from its
Hauler, licensed architect, or licensed engineer.
Ordinance No 2053
Page 24
(3) Provide written verification to City that it is still eligible for physical
space waiver for up to five years, if City has approved application for a
physical space waiver.
(c) Owners of Premises which have been unoccupied by any human habitation
and upon which no waste has been produced or accumulated (other than Green
Waste such as clippings, branches, leaves and the like, which has been promptly
removed by personnel doing gardening work on the premises), for six consecutive
months or more, shall be exempted starting with the seventh month for a period of
up to twelve months or until the premises becomes occupied or produces or
accumulates Solid Waste. Exemptions shall automatically expire December 31 of
each year. Disputes as to whether particular owners are entitled to such exemption
shall be resolved in accordance with the procedure prescribed in Section 6.04.232
of this chapter.
(d) Additional Waivers. The City may provide any additional waivers of the
requirements of this chapter to the extent permitted by applicable law. The City
Manager or his or her designee shall be responsible for determining the grounds
for the waiver, its scope, and appropriate administration.
(e) Review and Approval of Waivers by City. Review and approval of waivers
will be the responsibility of the City Manager or his or her designee.
6.04.320 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.
(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) Enter into a written agreement with Food Recovery Organizations or
Food Recovery Services for:
(A) The collection of Edible Food for Edible Food Recovery from
the Tier One or Tier Two Commercial Edible Food Generator's
premises; or,
Ordinance No 2053
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(B) The acceptance of Edible Food that the Tier One or Tier Two
Commercial Edible Food Generator self -hauls to the Food Recovery
Organization.
(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 the City's designated enforcement entity or designated third
party enforcement entity to access the premises and review records
pursuant to 14 CCR § 18991.4.
(5) Keep records that include the following information, or as otherwise
specified in 14 CCR § 18991.4:
(A) A list of each Food Recovery Service or organization that
collects or receives its Edible Food pursuant to a contract or written
agreement established under 14 CCR § 18991.3(b).
(B) A copy of all contracts or written agreements established
under 14 CCR § 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.
(d) Nothing in this chapter 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 (Chapter 285, Statutes of 2017).
6.04.330 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
Ordinance No 2053
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established under 14 CCR § 18991.3(b), shall maintain the following records, or
as otherwise specified by 14 CCR § 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial
Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each
Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food
Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery
Organization that the Food Recovery Service transports Edible Food for
Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly
from Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR § 18991.3(b), shall maintain the following records, or
as otherwise specified by 14 CCR §18991.5(a)(2):
(1) The name, address, and contact information for each Commercial
Edible Food Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each
Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery
Service that the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their
primary address physically located in the City and contract with or have written
agreements with one or more Commercial Edible Food Generators pursuant to 14
CCR § 18991.3(b) shall report to the City it is located in the total pounds of Edible
Food recovered in the previous calendar year from the Tier One and Tier Two
Commercial Edible Food Generators they have established a contract or written
agreement with pursuant to 14 CCR § 18991.3(b) no later than March 1, July 1,
and September 1 annually.
(d) Food Recovery Capacity Planning.
(1) Food Recovery Services and Food Recovery Organizations.
In order to support Edible Food Recovery capacity planning assessments
or other studies, 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
Ordinance No 2053
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and its Commercial Edible Food Generators. A Food Recovery Service or
Food Recovery Organization contacted by the City shall respond to such
request for information within 60 days, unless a shorter timeframe is
otherwise specified by the City.
6.04.340 Haulers and Facility Operators.
(a) Requirements for Haulers.
(1) Franchisee 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
June 1, identify the facilities to which they will transport Organic
Waste including facilities for Source Separated Recyclable Materials,
Source Separated Organic Waste, and Source Separated Food
Waste.
(B) Transport Source Separated Recyclable Materials, Source
Separated Organic Waste, Source Separated Food Waste, and
Mixed Waste to a facility, operation, activity, or property that recovers
Organic Waste as defined in the SB 1383 Regulations.
(2) Franchisee shall comply with education, equipment, signage,
Container labeling, Container color, contamination monitoring, reporting,
and other requirements contained within its contract, agreement or other
authorization entered into with the City.
(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, Compostable Materials Handling
Facilities, in -vessel digestion facilities, and publicly owned treatment works
shall, upon the City's request, provide information regarding available and
potential new or expanded capacity at their facilities, operations, and
activities, including information about throughput and permitted capacity
necessary for planning purposes. Entities contacted by the City shall
respond within 60 days.
(2) Community Composting operators, upon the City's request, shall
provide information to the City to support Organic Waste capacity planning,
including, but not limited to, an estimate of the amount of Organic Waste
anticipated to be handled at the Community Composting operation. Entities
contacted by the City shall respond within 60 days.
Ordinance No 2053
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6.04.350 Self -Hauler Requirements.
(a) Nothing in this chapter shall preclude a Commercial Business from self -
hauling Recyclable Materials or Organic Waste.
(b) Nothing in this chapter limits the right of any person, organization, or other
entity to sell Recyclable Materials or Organic Waste owned by that person,
organization or other entity or to donate Recyclable Materials or Organic Waste to
a charity or any entity other than a Hauler.
(c) Self -Haulers shall source separate all Recyclable Materials and Organic
Waste from Solid Waste.
(d) Self -Haulers shall haul their Source Separated Recyclable Materials to a
facility that recovers those materials; and haul their Source Separated Organic
Waste or Food Waste to a licensed facility, operation, activity, or property that
processes or recovers Source Separated Organic Waste.
(e) Self -Haulers that are Commercial Businesses shall provide confirmation of
self -hauling to the City or Franchisee annually. Commercial Businesses shall keep
a record of the amount of Recyclable Materials and Organic Waste delivered to
each facility, operation, activity, or property that processes or recovers Recyclable
Materials and/or Organic Waste; this record shall be subject to Inspection by the
City. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the
Recyclable Materials and/or Organic Waste.
(2) The amount of material in cubic yards or tons transported by the
Generator to each entity.
(3) If the material is transported to an entity that does not have scales
on -site, or employs scales incapable of weighing the Self-Hauler's vehicle
in a manner that allows it to determine the weight of materials received, the
Self -Hauler is not required to record the weight of material but shall keep a
record of the entities that received the Recyclable Materials and/or Organic
Waste.
(f) Self -Haulers that are Commercial Businesses shall provide information
collected in Section 6.04.350(d) to City upon request.
6.04.360 Inspections and Investigations.
(a) City Enforcement Officer and/or its Designee 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 by Organic Waste Generators, Commercial
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Businesses, property owners, Tier One and Tier Two Commercial Edible Food
Generators, Haulers, Self -Haulers, Food Recovery Services, and Food Recovery
Organizations, subject to applicable laws. City may conduct Container Inspections
for Prohibited Container Contaminants using Remote Monitoring.
(b) Regulated entities shall provide or arrange for access during all Inspections
(with the exception of residential property interiors) and shall cooperate with the
City Enforcement Officer or 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 or Designee for Edible Food Recovery
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 Enforcement Officer and/or its 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.
6.04.370 Enforcement.
(a) The City may take Enforcement Actions, including the issuance of an
administrative citation and assessment of a fine, against persons and entities for
violating this chapter. The City's procedures on the imposition of administrative
fines under Chapter 1.06 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.
(b) The City may take immediate Enforcement Actions against Commercial
Businesses that are in violation of the commercial organic waste and recycling
requirements of AB 341 and AB 1826, which were in place prior to the issuance of
the SB 1383 Regulations.
(c) The City Enforcement Officer and/or its Designee will monitor compliance
with the SB 1383 Regulations, including Sections 6.04.030 through 6.04.040,
6.04.200, 6.04.280 through 6.04.370, randomly and through Compliance Reviews,
Route Reviews, investigation of complaints, and an Inspection program (that may
include Remote Monitoring).
(d) Education of SB 1383 Requirements.
(1) Beginning January 1, 2022 and through December 31, 2023, the City
or its Designee may conduct Inspections, Remote Monitoring, Route
Reviews or waste evaluations, and Compliance Reviews, depending upon
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the type of regulated entity, to determine compliance with the SB 1383
Regulations, including Sections 6.04.030 through 6.04.040, 6.04.200,
6.04.280 through 6.04.370, and if City or its Designee determines that
Organic Waste Generator, Self -Hauler, Hauler, Tier One Commercial
Edible Food Generator, Food Recovery Organization, Food Recovery
Service, or other entity is not in compliance, it shall provide educational
materials and/or, for the purposes of Edible Food Recovery, training 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.
(2) The City Manager or his or her designee shall work with the
Franchisee and other entities to conduct outreach and educate waste
generators regarding compliance with the SB 1383 Regulations, including
Sections 6.04.030 through 6.04.040, 6.04.200, 6.04.280 through 6.04.370.
(3) The City Manager or his or her designee shall work with the
Franchisee to annually identify residences and Commercial Businesses
subject to the SB 1383 Regulations, including Sections 6.04.030 through
6.04.040, 6.04.200, 6.04.280 through 6.04.370.
(e) Beginning January 1, 2024, if the City or its Designee determines that an
Organic Waste Generator, Self -Hauler, Hauler, Tier One or Tier Two Commercial
Edible Food Generator, Food Recovery Organization, Food Recovery Service, or
other entity is not in compliance with the SB 1383 Regulations, including Sections
6.04.030 through 6.04.040, 6.04.200, 6.04.280 through 6.04.370, it shall document
the noncompliance or violation, issue a Notice of Violation, and take Enforcement
Action pursuant to this section, as needed.
(f) Prior to taking any Enforcement Action against a person, business, or entity
for violating the SB 1383 Regulations, including Sections 6.04.030 through
6.04.040, 6.04.200, 6.04.280 through 6.04.370, the City shall first notify the person,
business, or entity and provide an opportunity to correct the violation through the
issuance of a Notice of Violation by a City Enforcement Officer. Notices shall be
sent to the "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 residential dwelling or Commercial property or to the party responsible for
paying for the Collection services, depending upon available information. This
notice shall contain the information required by Palm Springs Municipal Code
section 1.06.030(b). The notice shall state the person, business, or entity has 60
days to correct the violation. The person, business, or entity shall be responsible
for ensuring and demonstrating compliance with the requirements of the SB 1383
Regulations, including Sections 6.04.030 through 6.04.040, 6.04.200, 6.04.280
through 6.04.370, within the 60-day time frame provided in the notification of
violation. Failure to demonstrate compliance shall be cause for enforcement.
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(g) For incidences of Prohibited Container Contaminants found in containers,
City Enforcement Officer 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 30 days after determining that a
violation has occurred. Notwithstanding the foregoing, the City may issue
administrative citations immediately for container contamination and failure to
subscribe to collection service as required by Sections 6.04.280 and 6.04.300. The
City may pursue enforcement of the provisions of this chapter through
administrative, civil, or criminal proceedings.
(h) The penalty levels for violations are the penalties set forth in Section
1.06.040.
(i) The City or its Designee may extend the compliance deadlines set forth in
a Notice of Violation issued in accordance with this section if it finds that there are
extenuating circumstances beyond the control of the respondent that make
compliance within the deadlines impracticable, including the following:
(1) 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 CCR § 18996.2 due to those deficiencies.
0) Persons receiving an administrative citation containing a penalty for an
uncorrected Notice of Violation may request a hearing to appeal the citation. A
hearing will be held only if it is requested within the time prescribed and consistent
with City's procedures in the City's code 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.
(k) The City Manager may adopt necessary forms, rules, regulations, and
guidelines that may be necessary or desirable to aid in the administration or
enforcement of the provisions of this chapter.
(1) The conviction and punishment of any person under this chapter shall not
relieve such person from the responsibility to correct prohibited conditions or to
remove prohibited matter, nor prevent the enforced correction or removal of such
prohibited condition or matter.
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