HomeMy WebLinkAboutORD 1467AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AMENDING CHAPTER 50 OF THE BALDWIN
PARK MUNICIPAL CODE AND ENACTING A NEW SECTION IN
CHAPTER 50 TO ADD MANDATORY ORGANIC WASTE DISPOSAL
REDUCTION REQUIREMENTS UNDER SENATE BILL (SB) 1383
RELATED TO SHORT-LIVED CLIMATE POLLUTANTS (SLCP)
WHEREAS, in 1989, the California Integrated Waste Management Act (AB 939)
passed, requiring all California cities and counties to divert 50 percent of solid waste
generated by the year 2000; and
WHEREAS, in 2011 the State's Mandatory Commercial Recycling Law (AB 341)
passed, requiring all business and multifamily dwelling of five units or more to arrange for
recycling services; and
WHEREAS, in 2016 the State's Mandatory Commercial Organics Recycling Law
(AB 1826) passed, which imposed organic waste recycling requirements; and
WHEREAS, in 2016 the State's Short -Lived Climate Pollutants Law (SB 1383)
established methane emissions reduction targets in a statewide effort to reduce
emissions of short-lived pollutants and also granted CalRecycle the regulatory authority
required to achieve the reduction targets; and
WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an
ordinance or other enforceable mechanism to implement relevant provisions of SB 1383
Regulations; and
WHEREAS, each year the City of Baldwin Park is required to demonstrate
compliance with state law and must report the progress achieved through submittal of the
Electronic Annual Report to CalRecycle.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby adds in its entirety Chapter 50.18 to the
Baldwin Park Municipal Code entitled "Mandatory Organic Waste Disposal Regulations"
with the following:
Chapter 50.18 MANDATORY ORGANIC WASTE DISPOSAL REGULATIONS
50.18.010 Declaration of Policy
The City and its residents and its businesses must comply with SB 1383, the Short-lived
Climate Pollutant Reduction Act of 2106, which requires Jurisdictions to adopt and
enforce an ordinance or enforceable mechanism to implement relevant provision of 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, by recovered for human consumption.
50.18.020 Effective Date and Preemption
This Chapter 50.18 and all of the regulations contained herein, shall become effective on
March 18, 2022, and shall remain effective until otherwise repealed by the City Council.
Any current terms or regulations which are in conflict with provisions of Chapter 50.18
shall be preempted by this Chapter as of the effective date.
50.18.030 Definitions
"AB 341" means the Assembly Bill approved by the Governor of the State of California on
October 5, 2011, which amended Section 41730, 41731, 41734, 41735, 41736, 41800,
42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and
Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added
and repealed Section 41780.02 of, the Public Resources Code, relating to Solid Waste,
as amended, supplemented, superseded and replaced from time to time and which
places requirements on Commercial Businesses and Multi -Family property owners that
generate a specified threshold amount of Solid Waste to arrange for recycling services
and requires cities to implement a mandatory Commercial recycling program.
"AB 939" means 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 which requires cities and counties to reduce, reuse, and
recycle (including Composting) Solid Waste generated in their cities to the maximum
extend feasible before any incineration or landfill disposal of waste, to conserve water,
energy, and other natural resources, and to protect the environment.
"AB 1826, means the Assembly Bill approved by the Governor of the State of California
on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8)
to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as
amended, supplemented, superseded, and replaced from time to time and requires
Commercial Businesses and Multi -Family Property Owners that generate specified
threshold amount of Solid Waste, Recyclable Materials, and Organic Materials per week
to arrange for recycling services for that waste, requires cities to implement a recycling
program to divert Organic Waste for Commercial Businesses subject to the law, and
requires cities to implement a mandatory Commercial Organic Material recycling
program.
"Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall
be used for the purpose of storage and Collection of Recyclable Materials.
"CalRecycle" means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations.
"California Code of Regulations" or "CCR" means the State of California Code of
Regulations, CCR reference in this Chapter are preceded with a number that refers to the
relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"Collect" or "Collection" (or any variation thereof) means the act of taking possession of
Recyclable Materials, Organic Materials, Solid Waste, bulky items and other material at
the place of generation in City.
"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 Multi -Family Residential Dwelling, or as otherwise defined in 14
CCR Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than
five (5) units is not a Commercial Businesses for purposes of implementing this Chapter.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined herein below of this Section 50.18.030 or as otherwise
defined in 14 CCR Section 18982(a)(73). For the purposes of this definition, Food
Recovery Organizations and Food Recovery Services are not Commercial Edible Food
Generators pursuant to 14 CCR Section 18982(a)(7).
"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 one
hundred (100 cubic yards and seven hundred fifty (750) square feet, as specified in 14
CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as
of the effective date of this Chapter, that "Compost" means the product resulting from the
controlled biological decomposition of Organic Waste that is Source Separated from the
municipal Solid Waste stream, or that is separated at centralized facility.
"Composting" includes a controlled biological decomposition of Organic Materials yielding
as safe and nuisance free Compost product.
"Contamination" or "Contaminated Container" means a container, regardless of color, that
contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
"Contractor" means a person who is a party to an existing written agreement with the City
providing for the exclusive or non-exclusive right to Collect Discarded Materials from
Generators within the City.
"C&D" means construction and demolition debris.
"Designee" means an entity that a City contracts with or otherwise arranges to carry out
any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2.
A Designee may be a government entity, a Contractor, a private entity, or a combination
of those entities.
"Discarded Materials" means Recyclable Materials, Organic Materials, and Solid Waste
placed by a Generator in a Blue, Green or Grey container and/or at a location for the
purpose of Collection by the City's Collection Program, excluding Excluded Waste.
"Edible Food" means food intended for human consumption, or as otherwise defined in
14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined
in 14 CCR Section 18982(a)(18). "Edible Food" is not Solid Waste if it is recovered and
not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or
authorizes the Recovery of Edible Food that does not meet the food safety requirements
of the California Retail Food Code.
"Enforcement Action" means an action of 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 (as
defined in 14 CCR Section 17225.36), designated waste, volatile, corrosive, medical
waste, infectious, regulated radioactive waste, and toxic substances or material that
facility operators(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, regulations, or ordinance, including without
limitation: 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 City, or its Designee, to
potential liability; but not including de minimis volumes or concentrations of waste of a
type an 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 Section 41500 and 41802 of the
California Public Records Code. Excluded Waste does not include used motor oil and
filers, household batteries, universal wastes, and/or latex paint when such materials are
defined as allowable materials for Collection through the City's Collection Programs and
the Generator or customer has properly placed the materials for Collection pursuant to
instructions provided by the City or its Designee for Collection services.
"Food Distributor" means a company that distribute food to entities including, but not
limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section
18982(a)(22).
"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, or as otherwise defined in 14 CCR Section
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 Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit chartable temporary food facility as defined in Section 113842 of the
Health and Safety Code; and
3. A Food Recovery Organization is not a Commercial Edible Food Generator for the
purpose of this Chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organizations differs
from this definition, the definition in 14 CCR Section 1 8982(a)(25) shall apply to this
Chapter.
"Food Recovery Services" means a person or entity that Collects and transports Edible
Food from a Commercial Food Generator to a Food Recovery Organization or other
entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A
Food Recovery Service is not a Commercial Edible Food Generator for the purpose of
this Chapter and implantation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
"Food Scraps" means all food such as, but not limited to fruits, vegetables, meat, poultry,
seafood, shellfish, bones rice, beans, pasta, bread, cheese, and eggshells. Food Scarps
excluded fats, oils, and grease when such materials are Source Separated from other
Food Scraps.
"Food Service Provider" means an entity primarily engaged in providing food services to
institutional, governmental, Commercial or industrial locations of others based on
contractual arrangements with these types of organizations, or as otherwise defined in 14
CCR Section 18982(a)(27).
"Food -Solid Paper" is paper material that has come in contact with food or liquid, such
as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk
cartons. Food -Solid Paper does not include Non-Compostable Paper.
"Food Waste" mean Food Scarpe and Food -Soiled Paper.
"Generator" means any person or entity whose act or process produces Discarded
Materials as defined in the Public Resources Code, or whose act first causes Discarded
Materials to become subject to regulations.
"Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be
used for the purpose of storage and Collection of Solid Waste. Per the definition provided
in 14 CCR Section 18982(a)(28), the Gray Containers may actually be black, or black
with gray lid.
"Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall
be used for the purpose of storage and Collection of Organic Materials.
"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
without limitation a bakery, deli, and meat and seafood departments, or as otherwise
defined in 14 CCR Section 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 Section
18982(a)(31.5).
"Hazardous Substance" means any of the following: (a) any substances defined,
regulated or listed (directly or by reference) as "Hazardous Substance", "hazardous
materials", "Hazardous Wastes", toxic waste", "pollutant", or "toxic substance", or similarly
identified as hazardous to human health or the environment, in or pursuant to: (i) the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of
1980, 42 USC §9601 et seq. (CERCLA); (ii) Hazardous Materials Transpiration Act, 49
USC §1802, et seq; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et
seq.; (iv) the Clean Water Act, 33 USC §1251 et seq,; (v) California Heath and Safety
Code §25115-2517, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et
seq,; and, (vii) California Water Code §13050; (b) any amendments, rules or regulations
promulgated thereunder to such enumerated status or acts currently existing or hereafter
enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or
pollutant identified as hazardous or toxic or regulated under any other Applicable Law
currently existing or hereinafter enacted, including, without limitation, friable asbestos,
polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel products,
and by-products.
"Hazardous Waste" means all substance defined as Hazardous Waste, acutely
Hazardous Waste, or extremely Hazardous Waste by the State in Health and Safety Code
§25110.02, §25115, and §25117, State Public Resources Code Section 40141, or in the
future amendments to or recodifications of such statues or identified and listed as solar
panels form Residential Premises, and Hazardous Waste by the U.S. Environmental
Protection Agency (EPA), pursuant to the Federal Resources Conservation and Recovery
Act (42 USC §6901 et seq.) all future amendments thereto, and all rules and regulations
promulgated thereunder.
"High Diversion Organic Waste Processing Facility" means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content Recovery rate of fifty percent (50%)
between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after
January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5€ of Organic Waste
received from the "mixed waste organic collection stream" as defined in 14 CCR Section
17402(a)(11.5), or as otherwise defined in 14 CCR Section 18982(a)(33).
"Inspection" means a site visit where a City or its Designee reviews records, containers,
and an entity's Collection, handling, recycling, or landfill disposal of Discarded Materials
or Edible Food handling to determine if the entity is complying with requirements set forth
in this Chapter, or as otherwise defined in 14 CCR Section 18982(a0)(35).
"Large Event" means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an
average of more than two thousand (2,000) individuals per day of operation of the event,
at a location that includes, but not limited to, a public, nonprofit, or privately owned park,
parking lot, golf course, street system, or other open space when being used for an event.
If the definition in 14 CCR Section 18982(a)(38) differs from this definition in 14 CCR
Section 18982(a)(38) shall apply to this Chapter.
"Large Venue" means a permanent venue facility that annually seats or serves an
average of more than two thousand (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 CCR, Division 7, Chapter 12, a venue facility includes, but is not
limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, area,
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 implantation of 14 CCR, Division 7, Chapter 12,
a site under common ownership or control that includes mor than one (1) Large Venue
that is contiguous with other Large Venues in the site, is a single Large Venue. If the
definition in 14 CCR Section 18982(a)(39) differs from this definition the definition in 14
CCR Section 18982(a)(39) shall apply to this Chapter.
"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 regulation related to
Recyclable Materials, Organic Materials, or Solid Waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
"Multi -Family Residential Dwelling" or "Multi -Family" means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi -Family premises do not
include hotels, motels, or other transient occupancy facilities, which are considered
Commercial Businesses.
"MWELO" refer to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2,
Chapter 2.7.
"Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the Composting process, or as otherwise defined in 14
CCR Section 18982(a)(41).
"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
Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
"Organic Materials" means Source Separated Organic Waste that can be placed in a
Green Container specifically intended for the separate Collection of Organic Waste by the
Generator, excluding Non-Compostable Paper, Paper Products, Printing and Writing
Paper, and any other Organic Waste that an Organic Waste faciality may reject to
maintain any organics -related Composting certifications including but not limited to
organic carpets and textiles, contaminate wood or lumber, manure, digestate, biosolids,
and sludges.
"Organic Waste" means wastes containing material originating from living organisms and
their metabolic waste products, including but not limited to food, green material,
landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper
Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as
otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as
defined by 14 CCR Section 18982(a).
"Paper Products" include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, handing files, corrugated boxes, tissue, and toweling,
or as otherwise defined in 14 CCR Section 18982(a)(51).
"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, not pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Prohibited Container Contaminants" means the following: (i) Decarded materials placed
in the Blue Container that are not identified as acceptable Recyclable Materials for the
City's Blue Container; (ii) Discarded Materials placed in the Green Container that are not
identified as acceptable Organic Materials for the City's Green Container, (iii) Discarded
Materials placed in the Gray Container that are acceptable Recyclable Materials and/or
Organic Materials to be placed in City's Green Container and/or Blue Container; and (iv)
Excluded Waste placed in any container.
"Property Owner" means the owner of real property, or as otherwise defined in 14 CCR
Section 18982(a)(57).
"Recovered Organic Wase Products" means products made from California, landfill
diverted recovered Organic Waste Processed in a permitted or otherwise authorized
facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as
otherwise defined in 14 CCR Section 18982(a)(49).
"Recyclable Material" shall mean any material generated on or emanating from residential
or Commercial/Industrial premises that is no longer wanted and is Collected, transported,
and reused or processed into a form suitable for reuse through reprocessing or
remanufacture, consistent with the requirements of AB 939. No Discarded Materials shall
be considered Recyclable Materials unless such material is separated from Organic
Materials and Solid Waste and offered for Collection through the City's Collection
program.
"Recycled -Content Paper" means Paper Products and Printing and Writing Paper that
consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as
otherwise defined in 14 CCR Section 18982(a)(61).
"Restaurant" means an establishment primarily engaged inter tail sale of food and drinks
for on -premises or immediate consumption, or as otherwise defined in 14 CCR Section
18982(a)(64).
"Route Review" means a visual inspection of containers along a Hauler Route for the
purpose of determining Contaminated Containers and my include mechanical inspection
methods such as the use of cameras, or as otherwise defined in 14 CCR Section
18982(a)(65).
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets and placing requirements on multiple entities including cities, residential
households, Commercial Businesses and Commercial Business owners, Commercial
Edible Food Generators, Contractors, Self -Haulers, Food Recovery Organizations, and
Food Recovery Services in Statewide effort to reduce emissions of short -live climate
pollutants as amended, supplemented, superseded, and replace from time to time.
"SB 1383 Regulation" or "SB 1383 Regulatory" means or refers to, for the purposes of
this Chapter, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that crafted 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 Materials, or Recyclable
material 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 Section 18982(a)(66). Back -
haul means generating and transporting Discarded Materials to a destination owned and
operated by the Generator using the Generator's own employees and equipment, or as
otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Single -Family" means of, form 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 non-putrescible solid, semisolid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial
wastes, demolition and construction wastes, abandoned vehicle and parts hereof,
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, with the exception that
Solid Waste does not include any of the following wastes:
1. Hazardous Waste.
2. Radioactive waste regulated pursuant to the State Radiation Control Law Chapter
8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health
and Safety Code.
3. Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the Sate Health and
Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste
landfill, as defined in State Public Resources Code Section 40195.1 Medical waste
that has been a treated and deemed to be Solid Waste shall be regulated pursuant
to Division 30 of the State Public Resource Code.
4. Recyclable Materials, C&D, Organic Waste, or other salvageable material only
when such materials are Source Separated from Solid Waste at the site of
generation.
"Source Separated" means materials, including commingled Recyclable Materials and
Organic Material, 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
material 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 that meet the quality
standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR
Section 17402.5(b)(4). For the purposes of the ordinance, 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 Sources Separated material are separated from Solid
Waste for the purposes of Collection and processing.
"State" means the State of California.
"Supermarket" means a full -line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), or more that sells a line of dry grocery, canned goods, or
nonfood items and some perishable items, or as otherwise defined in 14 CCR Section
18982(a)(71).
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than ten thousand
(10,000) square feet.
3. Food Service Provider.
4. Food Distributor.
5. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(73) shall apply to this Chapter.
"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal
to or greater than five thousand (5,000) square feet.
2. Hotel with on -site Food Facility and two hundred (200) or more rooms.
3. Health facility with an on -site Food Facility and one hundred (100) or more beds.
4. Large Venue.
5. Large Event.
6. A State agency with a cafeteria with tow hundred fifty (250) or more seats or total
cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7. A Local Education Agency facility with an on -site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition the definition in 14 CCR Section 18982(a)(74)
shall apply to this Chapter.
"Wholesale Food Vendor" means a Commercial Business or establishment engaged in
the merchanted wholesale distribution of food, where food (including fruits and
vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse,
distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
50.18.040 Requirements for Single -Family Generators
Generators shall subscribe to a three (3) container Collection service that includes a Blue
Container, Green Container, and Gray Container. Generators shall comply with the
following requirements except Single -Family Generators that meet the Self -Hauler
requirements in Section 50.18.100 of the Baldwin Park Municipal Code.
A. Shall subscribe to City's Collection services for all Discarded Materials generated as
described in this Section. City or its Designee 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 or its Designee. Generators may
additionally manage their Discarded Materials by preventing or reducing their
Discarded Materials, managing Organic Waste on site, and/or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
B. Shall participate in the City's Collection service(s) by placing designated materials in
designated containers as described below and shall not place Prohibited Container
Contaminants in Collection containers.
1. Generator shall place Organic Materials, including Food Waste, in the Green
Container, Source Separated Recyclable Materials in the Blue Container, and
Solid Waste in the Gray Container. Generators shall not place materials
designated for the Gray Container into the Green Container or Blue Container,
or material designated for the Green or Blue Container into the Gray Container.
2. Green, Blue, and Gray Containers to be Collected by the Contractor shall be
placed, by the owner or occupant of any premises, along the street or alley
frontage of such premises, or such other locations as may be mutually
agreeable to such persons and the Contractor.
3. No person shall interfere in any manner with any Green, Blue, or Gray
Containers or the contents thereof, or remove any Blue, Green, or Gray
Container or the contents thereof from the location where the same was placed
by the owner or occupants of the premises for Collection.
50.18.050 Requirements for Commercial Businesses
Generators that are Commercial Businesses, including Multi -Family Residential
Dwellings, shall:
A. Subscribe to City's three (3) container Collection services and shall be solely
responsible to the Contractor for the payment of the fees set forth in any such
agreement the City has entered with Contractor for Collection service. The City shall
not be responsible for payment of any such fees to any Contractor. Commercial
Generators shall comply with requirements of those services as described below in
this Section, except Commercial Businesses that meet all Self -Hauler requirements
set forth in Section 50.18.100 of the Baldwin Park Municipal Code. City or its
Designee 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 material and containment of
materials; and Commercial Businesses shall adjust their service level for their
Collection service as requested by the City or its Designee.
B. Except Commercial Businesses that meet the Self -Hauler requirements in this
Chapter, participate in the City's Collection service(s) by placing designated materials
in designated containers as described below:
1. Generator shall place and/or direct its Generators to place Organic Materials,
including Food Waste, in the Green Container, Source Separated Recyclable
Materials in the Blue Container, and Solid Waste in the Gray Container.
Generator shall not place, and direct tis Generators not to place, Prohibited
Container Contaminants in Collection containers and not place materials
designated for the Gray Container into the Green Container or Blue Container
or materials designated for the Green or Blue Container into the Gray
Container.
2. Supply and allow access to adequate number, size, and location of Collection
containers with sufficient labels and colors (conforming with Subsections 3(a)
and 3(b) 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, in accordance with Section
50.18.100.
3. Excluding Multi -Family Residential Dwellings, provide containers for the
Collection of Organic Materials and Source Separated Recyclable Materials in
all indoor and outdoor areas where disposal containers are provided for
customers, for materials generated by that Commercial Business. Such
containers do not need to be provided in restrooms. If a Commercial Business
does not generate any of the materials that would be collected in one type of
container, then the business does not have to provide that particular container
in all areas where disposal containers are provided for customers. Pursuant to
14 CCR Section 18984.9(b), the containers provided by the Commercial
Business shall have either:
a) 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 comes first.
b) 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 Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
4. Multi -Family Residential Dwellings are not required to comply with container
placement requirements or labeling requirements in Section 6(d) pursuant to
14 CCR Section 18984.9(b).
5. 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 50.18.100.
6. Excluding Multi -Family Residential Dwellings, periodically inspect Blue
Containers, Green Containers, and Gray Containers for contamination and
inform employees if containers are contaminated and of the requirements to
keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
7. 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.
8. 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.
9. Provide or arrange access for the City or its agent to their properties during all
Inspections conducted in accordance with Section 50.18.140 of this Chapter to
confirm compliance with the requirements of this ordinance.
10. Accommodate and cooperate with City's Remote Monitoring program for
Inspection of the contents of containers for Prohibited Container Contaminants,
which may be implemented by the City at a later date, to evaluate generator's
compliance with Section.
11. At Commercial Business's option and subject to any approval required from the
City, implement a Remote Monitoring program for Inspection of the contents of
its Blue Containers, Green Containers, and Gray Containers for the purpose of
monitoring the contents of containers to determine appropriate levels of service
and to identify Prohibited Container Contaminants.
12. If a Commercial Business wants to self -haul, meet the Self -Hauler
requirements in Section 50.18.100 of this Chapter.
13. Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
14. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements, pursuant to
Section 9.
50.18.060 Waivers for Generators
A. De Minimis Waivers — The City may waive a Commercial Business' obligation
(including Multi -Family Residential Dwellings) to comply with some or all of the
Organic Waste requirements of this ordinance if the Commercial Business provides
documentation that the business generates below a certain amount of Organic Waste
material as described in Section 50.18.060(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 in Section 50.18.060(A)(2) below.
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 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.
3. Notify The City if circumstances change such that 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 every 5 years, if City
has approved de minimis waiver.
B. Physical Space Waivers — The City may 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 lacks adequate space for the
collection containers required for compliance with the Organic Waste collection
requirements of Section 50.18.050. A Commercial Business or property owner may
request a physical space waiver through the following process:
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.
3. Provide written verification to the City Manager or his/her designee that it is still
eligible for physical space waiver every five years, if The City has approved
application for a physical space waiver.
50.18.070 Requirements for Commercial Edible Food Generators
A. Tier One Commercial Edible Food Generators must comply with the requirements of
this Section 9 commencing January 1, 2022, and Tier Two Commercial Edible Food
Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section
18991.3.
B. Large Venue or Large Event operators 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 CCR Section
18991.4.
5. Keep records that include the following information, or as otherwise specified in 14
CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives
its Edible Food pursuant to a contract or written agreement established under
14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services
or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service
or Food Recovery Organization.
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. No later than June 1 of each year commencing no later than June 1, 2022, for Tier
One Commercial Edible Food Generators and June 1, 2024 for Tier Two
Commercial Edible Food Generators, provide an annual Food Recovery report to
the City that includes the records listed in Section 50.18.070(C)(5)(c).
D. Nothing in this ordinance shall be construed to limit or conflict with the protections
provided by the California Good Samaritan Food Donation Act of 2017, the Federal
Good Samaritan Act, or share table and school food donation guidance pursuant to
Senate Bill 557 of 2017 (approved by the Governor of the State of California on
September 25, 2017, which added Article 13 [commencing with Section 49580] to
Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend
Section 114079 of the Health and Safety Code, relating to food safety, as amended,
supplemented, superseded and replaced from time to time).
50.18.080 Requirements for Food Recovery and Organizations and Services
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14
CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each Commercial Edible Food
Generator from which the service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible
Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
4. The name, address, and contact information for each Food Recovery Organization
that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established
under 14 CCR Section 18991.3(b), shall maintain the following records, or as
otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible Food
Generator from which the organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial Edible
Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service that
the organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services shall inform generators
about California and Federal Good Samaritan Food Donation Act protection in written
communications, such as in their contract or agreement established under 14 CCR
Section 18991.3(b).
D. Food Recovery Organizations and Food Recovery Services that have their primary
address physically located in the City and contract with or have written agreements
with one or more Commercial Edible Food Generators pursuant to 14 CCR Section
18991.3(b) shall 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 Section 18991.3(b) no later than June 1 of each calendar year.
E. In order to support Edible Food Recovery capacity planning assessments or other
studies conducted by the County, City, special district 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
Commercial Edible Food Generators. A Food Recovery Service or Food Recovery
Organization contacted by the City shall respond to such request for information within
sixty (60) days, unless a shorter timeframe is otherwise specified by the City.
50.18.090 Requirements for Contractors and Facility Operators
A. If the City finds that the public interest, convenience, and necessity so require, it may
contract with any one (1) or more qualified persons, on an exclusive or nonexclusive
basis, for the Collection and disposal of residential, Commercial, or industrial
Discarded Materials from Generators within the City's boundaries. In such event, such
agreement shall refer to this Chapter, insofar as the manner of Collection is
concerned, as it now exists or as it may hereafter be amended. Such agreement shall,
in addition, provide for such Contractor to Collect, process, and/or dispose of all
Discarded Materials from Generators within the City, and such Contractor shall have
the exclusive right, privilege, and duty to Collect, process, and/or dispose of all such
Discarded Materials for the period and times specified in such agreement, upon such
compensation as may be therein agreed upon between the City and such Contractor.
Each Contractor shall meet the following requirements as a condition of approval of a
contract, agreement, or similar contractual authorization with the City to Collect
Discarded Materials.
1. All Discarded Materials generated within the City, with the exception of Hazardous
Waste and Hazardous Substances, shall remain the property of the City until it is
picked up by the Contractor. Through written notice to the City annually on or
before July 1, 2022, Contractor shall identify the facilities to which they will
transport Recyclable Materials, Organic Materials, and Solid Waste and shall not
deliver the Discarded Materials to any waste -to -energy conversion facility unless
specifically approved in advance by the City Manager or their Designee.
2. Transport Source Separated Recyclable Materials to a facility that recovers those
materials; transport Source Separated Green Container Organic Waste to a
facility, operation, activity, or property that recovers Organic Waste as defined in
14 CCR Division 7, Chapter 12, Article 2; and transport Solid Waste to a disposal
facility or transfer facility or operation that processes or disposes of Solid Waste.
Notwithstanding the foregoing, Contractor shall not be required to transport any
containers with Prohibited Container contaminants to a facility, operation, activity,
or property that recovers Organic Waste.
3. Obtain approval from the City to haul Discarded Materials, unless it is transporting
Sources Separated Organic Waste to a Community Composting site or lawfully
transporting C&D in a manner that complies with 14 CCR Section 18989.1 and
Section 50.18.110 hereof.
4. The authorization of exclusive or non-exclusive Contractor(s), as applicable, to
Collect Discarded Materials shall comply with any education, equipment, signage,
container labeling, container color, Contamination, monitoring, and reporting
requirements relating to the Collection of Discarded Materials contained within its
franchise agreement with the City.
5. Maintain a fixed place of business in or adjacent to the City and maintain a
telephone services at such a place of business.
6. Maintain an accurate list of all customers served by the Contractor within the City.
Such records shall be open and available for reasonable inspection by the City
Manager or their Designee.
7. Ensure all vehicular equipment used by Contractor is maintained in a clean and
sanitary condition, and shall have prominently displayed thereon, the name,
address, and telephone number of the Contractor. (Prior code 24A-4).
8. Place and maintain on the outside of Green, Blue, and Gay Containers, or other
equipment, in legible letters and numerals not less than one (1) inch in height, such
Contractor's name or firm name and telephone number.
9. At all times keep in good repair and maintain in a clean and sanitary condition all
Green, Blue, and Gray Containers or other equipment to the satisfaction of the
health officer. (Prior code 24-5)
B. Requirements for Facility Operators and Community Composting Operations:
No person shall maintain or operate any dump, waste disposal facility, or site for
the disposal, transfer, or salvage of Recyclable Materials Organic Waste, or Solid
Waste within the City; provided, that nothing contained in this section shall be
construed to prohibit the disposal of agricultural or horticultural waste materials
such as dead trees, bushes, and similar material at a Community Composting site.
(Prior code 24-4).
2. Owners of facilities, operations and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in -vessel digestion facilities, and
publicly owned treatment works shall, upon City request, provide information
regarding available and potential new or expanded capacity at their facilities,
operations, and activities, including information about throughout and permitted
capacity necessary for planning purposes. Entities contacted by the City shall
respond within sixty (60) days.
3. Community Composting operators, upon City requests hall 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 sixty (60) days.
4. Owners of facilities, operations, and activities located in the City's boundaries that
receive Recyclable Materials, Organic Materials, and/or Solid Waste shall provide
to the city on a quarterly basis copy of all resorts that the owners are required to
report to CalRecycle, including at minimum, those required by AB 901 and SB
1383.
C. Any Contractor operating within the City shall comply with the following Collection
rules:
1. Hours of Collection. Collection from commercial/industrial premises may occur
Monday through Saturday. Residential collection shall not begin prior to 6:OOam,
and commercial/industrial collection will not begin prior to 5:30am where the
commercial/industrial premises is within five hundred (500) feet of an occupied
residential premises, except by approval of City Manager of his/her designee.
2. Schedules. Each Contractor shall establish and thereafter maintain an area
schedule of their Collection times and places. Such schedules shall be filed with
the City Manager and any changes therein shall be filed with the City Manager.
50.18.100 Requirements for Self -Haulers
A. Self -Haulers shall source separate all Recyclable Materials and Organic Waste
(materials that City otherwise requires generators to separate for collection in the
City's organics and recycling collection program) generated on -site from Solid Waste
in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, and shall deliver
their materials to facilities described in subsection (B) below, or shall haul Solid Waste,
including Recyclable Materials and Organic Waste, to a High Diversion Organic Waste
Processing Facility as specified in 14 CCR Section 18984.3.
B. Self -Haulers shall haul their Source Separated Recyclable Materials to a facility that
recovers those materials; and haul their Organic Waste to a Solid Waste facility,
operation, activity, or property that processes or recovers Source Separated Organic
Waste. Alternatively, Self -Haulers may haul Organic Waste to a High Diversion
Organic Waste Processing Facility.
C. Self -Haulers that are Commercial Businesses (including Multi -Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid
Waste facility, operation, activity, or property that processes or recovers 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 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 Organic Waste.
D. Self -Haulers that are Commercial Businesses (including Multi -Family Self -Haulers)
shall provide information collected in Section 50.18.100 to the City if requested and
within ten (10) days of such request.
E. A residential Organic Waste Generator that self -hauls Organic Waste is not required
to record or report information in Section 50.18.100.
50.18.110 Compliance with CALGreen Recycling Requirements
A. Persons applying for a permit from the City for new construction and building additions
and alternations shall comply with the requirements of this Section and the California
Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended,
if its project is covered by the scope of CALGreen or more stringent requirements of
the City. If the requirements of CALGreen are more stringent then the requirements
of this Section, the CALGreen requirements shall apply. Project applicants shall refer
to the City's building and/or planning code for complete CALGreen requirements.
B. For projects covered by CALGreen or more stringent requirements of the City, the
applicants must, as a condition of the City's permit approval, comply with the following:
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 (3) container collection program
offered by the City, or 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 11 as amended provided 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 (3)
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 11 as amended provided amended requirements
are more stringent than the CALGreen requirements for adequate recycling space
effective January 1, 2020.
3. Comply with CALGreen requirements and applicable law related to management
of C&D, including diversion of Organic Waste in C&D from disposal. Comply with
all written and published City policies and/or administrative guidelines regarding
the collection, recycling, diversion, tracking, and/or reporting of C&D.
50.18.120 Model Water Efficient Landscaping Ordinance Requirements
A. Property owners or their building or landscape designers, including anyone requiring
a building or planning permit, plan check, or landscape design review from the City,
who are constructing a new (Single -Family, Multi -Family, public, institutional, or
Commercial) project with a landscape area greater than 500 square feet, or
rehabilitating an existing landscape with a total landscape area greater than 2,500
square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the
MWELO, including sections related to use of Compost and mulch as delineated in this
Section 50.18.120.
B. The following Compost and mulch use requirements that are part of the MWELO are
now also included as requirements of this Chapter. Other requirements of the MWELO
are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
C. Property owners or their building or landscape designers that meet the threshold for
MWELO compliance outlined in Section 50.18.120(A) above shall:
Comply with Sections 492.6 (a)(3)(B)(C)(D) and (G) of the MWELO, which requires
the submittal of a landscape design plan with a soil preparation, mulch, and
amendments section to include the following:
a. For landscape installations, Compost at a rate of a minimum of four (4) cubic
yards per one thousand (1,000) square feet of permeable area shall be
incorporated to a depth of six (6) inches into the soil. Soils with greater than six
percent (6%) organic matter in the top six (6) inches of soil are exempt from
adding Compost and tilling.
b. For landscape installations, a minimum three (3) inch layer of mulch shall be
applied on all exposed soil surfaces of planting areas except in turf areas,
creeping or rooting groundcovers, or direct seeding applications where mulch
is contraindicated. To provide habitat for beneficial insects and other wildlife
up to five percent (5%) of the landscape area may be left without mulch.
Designated insect habitat must be included in the landscape design plan as
such.
c. Organic mulch materials made from recycled or post -consumer materials shall
take precedence over inorganic materials or virgin forest products unless the
recycled post -consumer organic products are not locally available. Organic
mulches are not required where prohibited by local fuel modification plan
guidelines or other applicable local ordinances.
2. The MWELO compliance items listed in this Section 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 in Section
50.18.120(A) shall consult the full MWELO for all requirements.
D. If, after the adoption of this ordinance, the California Department of Water Resources,
or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections
492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in
a manner that requires Jurisdictions to incorporate the requirements of an updated
MWELO in a local ordinance, and the amended requirements include provisions more
stringent than those required in this Section, the revised requirements of 23 CCR,
Division 2, Chapter 2.7 shall be enforced.
50.18.130 Procurement Requirements for City Departments, Direct Service
Providers and Vendors
A. City departments, and direct service providers to the City, as applicable, must comply
with City' adopted procurement policy for Recovered Organic Waste Product and
Recycled -Content Paper.
B. All vendors providing Paper Products and Printing and Writing Paper to the City 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.
3. 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 website.
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's Recovered Organic Waste Product procurement
recordkeeping Designee, in accordance with the City's Recycled -Content Paper
procurement policy(ies) 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 50.18.130(B)(3) and (13)(4) of this Chapter 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.
50.18.140 Inspections and Investigations by 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 by Organic Waste Generators, Commercial Businesses
(including Multi -Family Residential Dwellings), property owners, Commercial Edible
Food Generators, haulers, Self -Haulers, Food Recovery Services, and Food
Recovery Organizations, subject to applicable laws. This Section does not allow The
City to enter the interior of a private residential property for Inspection.
B. Generators, Commercial Businesses (including Multi -Family Residential Dwellings),
property owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food
Recovery Services, and Food Recovery Organizations shall provide or arrange for
access during all Inspections (except for residential property interiors) and shall
cooperate with the City's employee 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 ordinance described herein.
Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and
operation of Remote Monitoring equipment (optional); or (ii) access to records for any
Inspection or investigation is a violation of this ordinance and may result in penalties
described.
C. Any records obtained by the City during its Inspections 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, other investigations as reasonably necessary to further the goals of
this ordinance, subject to applicable laws.
E. 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.
50.18.150 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 the City Manager or their designee.
Enforcement Actions under this Chapter include, but are not limited to, issuance of an
administrative citation and assessment of a fine. In addition to the procedures in this
Section 50.18.150, the City may enforce this Chapter consistent with the procedures
in Baldwin Park Municipal Code.
B. Other remedies allowed by law may be used for enforcement, including but not limited
to 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 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. Responsible Entity for Enforcement
1. Enforcement pursuant to this Chapter may be undertaken by the City Manager or
their designee authorized and legally able to undertake such action.
a. The City Manager or their designee will interpret this Chapter, determine
the applicability of waivers, if violation(s) have occurred, implement
Enforcement Actions, and determine if compliance stands are met.
b. The City Enforcement Manage or their designee may issue Notice of
Violations(s).
D. Process for Enforcement
The City Manager or their designee will monitor compliance with this Chapter
randomly and through Compliance Reviews, Route Reviews, investigation of
complaints, and an inspection program. Section 50.18.140 established City's right
to conduct inspections and investigations.
2. City may issue an official notification to notify regulated entities of its obligations
under the ordinance.
3. Contamination Prevention
a. For incidences of Prohibited Container Contaminants found by City or its
Designee in containers, City will issue a Notice of Violation to any Generator
found have Prohibited Container Contaminants in a container. Prior to
issuance of a Notice of Violation, City's Designee may provide an informal
warning(s) or notice(s) of Prohibited Container Contaminants via cart tag.
Thereafter, any Notice of Violation shall be provided by the City via mail
within two (2) days after City determines a violation has occurred with
respect to Prohibited Container Contaminants. If the City or its Designee
observes Prohibited Container Contaminants in a Generator's Container on
more than two (2) occasion(s) in any calendar year staring January 1, the
City May assesses and administrative fine or penalty on the Generator in
accordance the Section 50.18.150.
b. In addition to 50.18.150(D)(3)(a), Designee may implement through
Designee's service rate structure a Contamination service charge for
customers committing incidents of Prohibited Container Contaminants.
Designee shall provide such customers with written notice and/or cart tags,
or such other procedures required under any contract, agreement, or similar
contractual authorization between the City and its Designee, prior to levying
any Contamination service charge. Designee shall inform City of each
customer committing incidents of Prohibited Container Contaminants in a
manner consistent with the agreement, or similar contractual authorization
between the City and its Designee prior to issuing a Contaminating service
charge. The foregoing Contamination service charge shall not be
considered an administrative fine or penalty. Any disputes arising from the
assessment of a Contamination service charge shall be adjudicated
pursuant to the customer complaint resolution process provided under the
terms of any contract, agreement, or similar contractual authorization
between the City and its Designee assigned to Collect Discarded Materials.
4. Except for violations of Generator Contaminated Containers addressed under
Section 50.18150(D)(3), City shall issue a Notice of Violation requiring compliance
with sixty (6) days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, City shall commence an Enforcement Action to impose penalties, via an
administrative citation and fine.
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. Administrative fine levels shall be as
stated in Section 15.01 of Baldwin Park Municipal Code, except that should the
penalties levels in Section 15.01 either (i) fall below the minimum amounts stated
in 14 CCR Section 18997.2, then the administrative fine level shall be that which
is closest to a level stated in 14 CCR Section 18997.2.
F. Compliance Deadline Extension Considerations. The City may extend the
compliance deadlines set forth in a Notice of Violation issued in accordance with
this Section 50.18.150 if it finds that there are extenuating circumstances beyond
the control of the respondent that make compliance within the deadline
impracticable, including the following:
Acts of God such as earthquakes, wildfires, flooding, pandemics, 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 corrective action plan with
CalRecycle pursuant to 14 CCR 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 pursuant
to the appeal procedure in Baldwin Park Municipal Code Section.
H. Education Period for Non -Compliance, Beginning January 1, 2022, and through
December 31, 2023, City will conduct inspections, Route Review or waste
evaluations, and Compliance Reviews, depending upon the type of regulated
entity, to determine compliance with this Chapter, and if City determines that a
Generator, Self -Hauler, Contractor. 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 compliances 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, if the City
determines that a Generator, Self -Hauler, Contract, Tier One or Tier Two
Commercial Edible Food Generator, Food Recovery Organization, Food Recovery
Service, or other entity is not compliance with this Chapter, it shall document the
non-compliance or violation, issue a Notice of Violation, and take Enforcement
Action pursuant to this Section, as needed.
SECTION 2. The City Council HEREBY FINDS and DETERMINES that adoption
of Ordinance 1467 is categorically exempt from environmental review under Section
15308 of the California Environmental Quality Act and the City of Baldwin Park
environmental guidelines.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the
decision of any 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 4. To the extent the provisions of the Baldwin Park Municipal Code as
amended by this Ordinance are substantially the same as the provisions of that Code as
they read immediately prior to the adoption of this Ordinance, then those provisions shall
be construed as continuations of the earlier provisions and not as new enactments.
SECTION 5. This ordinance shall be effective and be in full force and operation
from and after thirty (30) days after its final reading and adoption.
PASSED, APPROVED, AND ADOPTED this 16t" day of February, 2022.
4*1
EMMA U J ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Marlen Garcia, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing
Ordinance was introduced and placed upon its first reading at a regular meeting of the
City Council on February 2, 2022. Thereafter, said Ordinance No. 1467 was duly
approved and adopted at a regular meeting of the City Council on February 16, 2022 by
the following vote to wit:
AYES: COUNCIL MEMBERS: Avila, Damian, Estrada, Garcia, and Hernandez
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MARLEN GARCIA
CITY CLERK