HomeMy WebLinkAbout42171
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Ordinance No. 4217
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING CHAPTER 31,
ENTITLED "SOLID WASTE COLLECTION, MANAGEMENT AND RECYCLING,"
RELATING TO THE DISPOSAL OF ORGANIC WASTE
The Board of Supervisors of the County of Butte ordains as
Ifollows:
Section 1. Section 31-11.05 is added to read as follows:
31-11.05 - Act.
"Act" means the California Integrated Waste Management Act of 1989
(also referred to as "AB 939"), Public Resources Code § 40000 and
following as it may be amended, and as implemented by the
regulations of CalRecycle.
Section 2. Section 31-11.30 is amended to read as follows:
31-11.30 - Bin.
"Bin" means a container in which solid waste, including recyclable
material and yard waste, is stored pending pickup, having the
following characteristics:
1. A lid, the top of which shall not exceed seventy-two (72)
inches in height from the surface of the ground at grade
level, and
2. A capacity of at least one (1) cubic yard but not more
than eight (8) cubic yards, and
3. The capability of being collected by front-end or rear
loading truck.
"Bins" are also referred to as "dumpsters."
Section 3. Section 31-11.65 is added to read as follows:
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31-11.65 - CalRecycle.
"CalRecycle" means the California Department of Resources Recycling
and Recovery, or its successor agency.
Section 4. Section 31-11.105 is added to read as follows:
31-11.105 - Commercial edible food generator.
"Commercial edible food generator" means a tier one or a tier two
commercial edible food generator as defined in this chapter and in
14 CCR Section 18982(a)(73) and (a)(74).
Section 5. Section 31-11.195 is added to read as follows:
31-11.195 - Edible food.
"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(x)(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.
Section 6. Section 31-11.200 is amended to read as follows:
31-11.200 - End market or end-use.
"End market or end-use" means the use or uses for a diverted
material or product which has been returned to the economic
mainstream, whether or not this return is through the sale of the
material or product. The material or product may or may not have a
value less than the solid waste disposal cost.
Section 7. Section 31-11.201 is added to read as follows:
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31-11.201 - Food recovery organization.
"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:
A. A food bank as defined in Section 11.3783 of the
Health and Safety Code;
B. A nonprofit charitable organization as defined in
Section 113841 of the Health and Safety Code; and
C. A nonprofit charitable temporary food facility as
defined in Section 113842 of the Health and Safety
Code.
Section 8. Section 31-11.202 is added to read as follows:
131-11.202 - Food recovery service
"Food recovery service" means an entity that collects and transports
edible food from a commercial edible food generator to a food recovery
organization or other entities for food recovery.
Section 9. Section 31-11.220 is amended to read as follows:
31-11.220 - Garbage.
"Garbage" means a type of solid waste that may be putrescible, such
as food waste.
Section 10. Section 31--11.225 is added to read as follows:
31-11.225 - Hauler
"Hauler" means a person who collects material from a generator and
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delivers it to a reporting entity, end user, or a destination
outside of the state. "Hauler" includes public contract haulers,
private contract haulers, food waste self -haulers, and self -
haulers. A person who transports material from a reporting entity
to another entity or person is not a hauler.
Section 11. Section 31-11.335 is added to read as follows:
31-11.335 - Mandatory Service Area
"Mandatory Service Area" means all of unincorporated Butte County
with the exception of the Non -Mandatory Service Area.
Section 12. Section 31-11.345 is added to read as follows:
31-11.345 - Non -Mandatory Service Area
"Non -Mandatory Service Area" means the following census tracts: 14,
15, 16.01, 16.02, 17.4, 22, 23, 24.01, 24.02, 33, and 35 that have
been granted a low population waiver by CalRecycle.
Section 13. Section 31-11.365 is amended to read as follows:
31-11.365 - Organic waste.
"Organic waste" means solid wastes containing material originated
from living organisms and their metabolic waste products including,
but not limited to, food, green material, landscape and pruning
waste, organic textiles and carpets, lumber, wood, paper products,
printing and writing paper, manure, biosolids, digestate, and
sludges.
Section 14. Section 31-11.367 is added to read as follows:
31-11.367 - Organic waste generator.
"Organic waste generator" means a person or entity that is
responsible for the initial creation of organic waste, or as
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otherwise defined in 14 CCR Section 18982(x)(48).
Section 15. Section 31-11.480.1 is added to read as follows:
31-11.480.1 - SB 1383.
"SB 1383" means the Short -Lived Climate Pollutants: Methane
Emissions: Dairy and Livestock: Organic Waste: Landfills Act of
2016, Chapter 395 of the Statutes of 2016, as well as the
regulations promulgated by CalRecycle found at Title 14, Division
7, Chapter 12 of the California Code of Regulations (CCR).
Section 16. Section 31-11.480.2 is added to read as follows:
31-11.480.2 - Self -hauler.
"Self -hauler" means a generator that collects solid waste at the
generator's premises or place of business for the purpose of
hauling those materials in the generator's own vehicles to a
permitted solid waste facility in compliance with the requirements
of this chapter.
Section 17. Subsection 31-11.490(a) is amended to read as follows:
31-11.490 - Solid waste.
(a) "Solid waste" means materials that can be lawfully
discarded in a class II landfill in California,
including the following:
(1) Refuse;
(2) Rubbish;
(3) Garbage;
(4) Recyclables (including source separated
recyclable materials);
(5) Organic waste (including green waste, yard
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waste and agricultural solid waste);
(6) Bulky waste, including white goods;
(7) Construction and demolition wastes; and
(8) Commercial, industrial, institutional and
residential solid wastes.
Section 18. Section 31-11.520 is amended to read as follows:
31-11.520 - Solid waste manager or SWM.
"Solid waste manager" or "SWM" means the county official or
employee given specified administrative responsibility under this
chapter. The solid waste manager or SWM is also known as Deputy
Director of the Department of Public Works, Waste Management
Division or his or her designee.
Section 19. Section 31-11.540.1 is added to read as follows:
31-11.540.1 - Tier one commercial edible food generator.
"Tier one commercial edible food generator" means a commercial
edible food generator that is one of the following:
1. Supermarkets with gross annual sales of $2,000,000 or
more.
2. Grocery store with a total facility size equal to or
greater than 10,000 square feet.
3. Food service provider.
A. Wholesale food vendor.
B. Food distributor.
Section 20. Section 31-11.540.2 is added to read as follows:
31-11.540.2 - Tier two commercial edible food generator.
"Tier two commercial edible food generator" means a commercial
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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 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.
5. Large event means an event including but not limited to a
sporting event, flea market, festival, that charges an
admission prices or is operated by the 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.
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.
Section 21. Subsections 31-21(c)&(d) are amended to read as
follows:
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31-21 - License exemptions.
(c) Self --Haul of Refuse from a non -mandatory service area
outside of a recycling zone or after receiving a written self -
haul waiver. Removing refuse that one generated, stored and
collected oneself and self -hauling it to, and discarding it at,
a solid waste management facility designated by the County (for
example, disposal at the Neal Road Recycling & Waste Facility);
(d) Self -Haul of Solid Waste Other than Refuse from a non-
mandatory service area outside of a recycling zone or after
receiving a written self -haul waiver. Removing solid waste
(other than refuse) that one generated, stored and collected
oneself and self -hauling it to a solid waste management facility
legally authorized to accept that solid waste (such as yard
waste and food waste delivered to an organics processing
facility, or cans and bottles, to a redemption center);
Section 22. Subsection 31-35(C) is amended to read as follows:
31-35 - Performance standards.
C. Collection Requirements. Each licensed hauler shall conform to
the following conditions:
1. Residential collection services. Every licensed hauler shall
provide weekly solid waste and organic waste collection
service, and no less than bi-weekly collection of
recyclables, to all residential premises located in a
mandatory service area and/or recycling zone unless otherwise
authorized by the County.
2. Commercial collection services. Every licensed hauler shall
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provide weekly solid waste and organic waste collection
service, and no less than bi-weekly collection of
recyclables, to all commercial premises located in a
mandatory service area and/or recycling zone unless otherwise
authorized by the County.
3. Services in non -mandatory service areas. Licensed haulers
shall provide solid waste, organic waste and/or collection of
recyclables to residential and commercial premises in non-
mandatory service areas as required by their franchise
agreement.
4. Non -Service Roads. Every licensed hauler may, but is not
obligated to, provide such collection of solid wastes
set out for collection along non -service roads, and may,
in such event, require the residential customer to sign
a waiver of damage liability or indemnification or both
in a form approved by the county. Every licensed hauler
will use reasonable efforts to reach agreement with
persons owning or occupying real property along non -
service roads, including said person's setting solid
waste out for collection at a mutually acceptable
location or paying extra charges.
5. Variable Collection Rates. Licensed haulers shall offer
variable collection rates to customers based on size of
refuse container to provide an incentive to participate
in recycling programs. Collection rates are established
by a Rate Setting Methodology as part of the County's
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Franchise Agreements with licensed haulers.
6. Collection Frequency and Time. The frequency of
collection shall be as specified in subsections C.l.
4. No licensed hauler shall collect solid wastes or
recyclable materials within five hundred (500) feet of
an area zoned for residential use earlier than 5:30 a.m.
no later than 8:00 p.m., or on Sundays, except in
emergencies or with the approval of the LEA.
7. Changed Schedule. The licensed hauler shall provide
customers with advance written notice of changes in
customer's scheduled day of regular collection or other
service or billing changes in customer's collection
services bill immediately preceding that change or by
separate notice sent by first class mail thirty (30)
days in advance of the change.
8. Delivery. Within seven (7) days of receiving a
customer's oral or written request for services,
following execution of a subscription order, the
licensed hauler shall provide and deliver, without
charge 'to the customer, the customer's choice of the
licensed hauler's containers, unless the customer has
his or her own containers acceptable to the licensed
hauler.
9. Termination of Service. Upon oral or written direction of
any customer, every licensed hauler will cease providing
service promptly or at any other time specified by that
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customer, without penalty.
10. Container Pick Up. On a customer's next regularly
scheduled collection day, after receiving oral or written
direction from that customer to discontinue services, but
no later than seven (7) days thereafter, the licensed
hauler will pick up and remove, without charge, licensed
hauler's containers.
11. Exchange. Upon oral or written direction to the licensed
hauler, the customer may exchange without charge
licensed hauler's containers for different sizes, add
extra licensed hauler's containers or reduce the number
of licensed hauler's containers. The licensed hauler
will exchange, deliver or remove licensed hauler's
containers in accordance with the customer's request no
later than that customer's next regularly scheduled
collection day following receipt of that .request but no
later than five (5) days thereafter.
12. Push Services. At the request of any residential
customer who provides a letter from a medical doctor or
doctors attesting that no one residing in the residence
has the physical ability to bring containers to the
place of collection, the licensed hauler will provide
push services without additional charge to the customer.
At the request of any other customer, the licensed
hauler will provide push services, and may bill that
customer extra for those services. At least annually,
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the licensed hauler shall provide customers with notice
of available push services and charges for those
services. County will review and approve fees for this
service.
13. Service Standards.
a. General. The licensed hauler will perform all
services in a prompt, thorough, reliable, courteous
and professional manner consistent with municipal
solid waste collection industry standards so that
customers receive high-quality service at all
times, subject to the exceptions set forth in
subsection C.14., Service Exceptions, below and
uncontrollable circumstances. If uncontrollable
circumstances preclude the licensed hauler's timely
performing services, the licensed hauler will
resume services on the first scheduled regular
collection day following cessation of those
uncontrollable circumstances, including collection
of solid waste accumulated during the continuance
of those uncontrollable circumstances.
b. Litter. The licensed hauler will use due care to
prevent solid waste from being: (1) spilled or
scattered during collection and transportation,
including during removal and dumping of containers'
contents into the collection vehicle, and (2)
tracked onto any alley, street, road or highway by
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vehicles. The licensed hauler will not transfer
loads from one (1) vehicle to another on any alley,
street, road or highway unless necessitated by
mechanical failure or accidental damage to a
vehicle. The licensed hauler will immediately clean
up any solid waste that it spills or scatters. Each
collection vehicle will carry a broom and shovel at
all times for this purpose. If the licensed hauler
fails to clean up that solid waste within twenty-
four (24) hours' oral or written notice by county,
county may clean up or cause to be cleaned up that
solid waste and licensed hauler shall reimburse
county for county's clean-up costs. The licensed
hauler is responsible for paying any fees,
surcharges or other levies for improperly covering
loads charged by the operator of any solid waste
facility or other entity.
c. Respect for Property.
(1) Fixtures and Personality. The licensed
hauler's employees shall use due care in
entering and exiting customers' property or
enclosures and shall use paved walks,
driveways or surfaces where practicable.
(2) Containers. The licensed hauler will handle
containers with due care. The licensed hauler
will return containers to within five (5) feet
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of the location from which the licensed hauler
picked them up, in an upright position, with
lids properly and fully secured. The licensed
hauler will not place containers where they
will obstruct any passable driveway, sidewalk,
street or highway.
(3) Missed Collection. The licensed hauler will
provide a special pickup or other corrective
action acceptable to a customer within twenty-
four (24) hours (Saturdays, Sundays and
holidays accepted) of oral or written notice
to the licensed hauler of a missed scheduled
collection at no charge to the customer.
Licensee shall be allowed to charge a return
trip fee if the licensee documents that the
customer's container was not set out at the
normal service time. If the licensed hauler
does not timely provide that special
collection, county may perform the collection
or cause the collection to be performed by a
third party, and the licensed hauler shall
reimburse county for its costs for such
collection. Licensee shall maintain a list of
all missed collections and documented
corrective action.
14. Service Exceptions. The licensed hauler need not collect
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solid waste upon the occurrence of the events or in the
circumstances described in this subsection. In these
events or circumstances, other than nonpayment, licensed
hauler will complete and leave a non -collection notice
securely attached to the container it does not collect,
describing at a minimum the date and time given, the
address of the premises, the reason for the non -
collection, and the manner in which materials should be
prepared for collection.
a. Waste Not Properly Placed in Containers. The
licensed hauler need not collect any solid waste,
including recyclable materials, placed outside a
container.
b. Overweight Containers. The licensed hauler need not
manually collect customer containers that are cans
which cannot be dumped mechanically and which,
together with the contents of those containers,
weigh more than fifty-five (55) pounds. The
licensed hauler need not collect bin or roll off
containers, which together with the vehicle, exceed
the legal. weight limit for vehicles under
applicable law. The licensed hauler will first
notify customer, by tag attached to the container
or other means, that customer must remove solid
waste to reduce the weight of those containers to
legal limits. Thereafter, the licensed hauler may
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remove that solid waste from the licensed hauler's
containers and charge customer a specified fee, as
listed in the licensed hauler's rates, a copy of
which must be supplied to the customer at or before
the time of container delivery.
C. Container Placed Along Non -Service Road. The
licensed hauler need not collect any container
placed along any non -service road, unless the
licensed hauler has reached agreement with the
customer who has set the container out for
collection and the customer is in compliance with
the terms of the agreement.
d. Unsafe Condition. The licensed hauler need not
collect containers if the licensed hauler
determines that any condition at or near those
containers presents a health or safety threat to
the licensed hauler's employees. The licensed
hauler will promptly notify the affected customer
of those threats. The licensed hauler may
discontinue collection for that customer until
customer eliminates those threats.
e. Hazardous Waste or Unsafe Materials. The licensed
hauler need not collect containers if the licensed
hauler has reason to believe they contain hazardous
waste, materials not accepted at the designated
solid waste facility or facilities, or other
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materials that present a health or safety threat to
the licensed hauler's employees. The licensed
hauler will promptly notify the customer that the
container contains such waste or materials and
shall provide that customer with written
information about the proper methods for handling
and disposal thereof. If the hazardous waste or
other materials could cause imminent danger to
persons or property, the licensed hauler will
immediately report the matter to the Fire
Department which has jurisdiction.
f. Nonpayment. The licensed hauler need not collect
containers, and may repossess the licensed hauler's
containers, if customer does not pay its bill by
the last day of a billing period.
15. Customers' Bill of Rights. Before commencing services,
the licensed hauler will provide all customers with a
written subscription order, including the applicable
service rates, pick up location, pick up day, and a
description of customers' rights, in a form approved by
the county SWM.
Section 23. Section 31-54 is added to read as follows:
31-54 - Inspections and Investigations by the County
(a) The County's representatives, its designated
entity, and/or designees are authorized to
conduct inspections and investigations, at random
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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
ordinance by organic waste generators, commercial
premises (including multifamily residential
complexes), 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 County to enter the
interior of a private residential property for
inspection.
(b) A regulated entity shall provide or arrange for
access to their properties during all inspections
and shall cooperate with the County'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 access to an entity's
premises or access to records for any
Inspection or investigation is a violation of
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this Chapter and may result in penalties
described.
(c) Any records obtained by the County 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) The County's representatives, its designated
entity, and/or designees are authorized to
conduct any inspections, remote monitoring, or
other investigations as reasonably necessary
to further the goals of this ordinance,
subject to applicable laws.
(e) The County shall receive written complaints from
persons regarding an entity that may be
potentially non-compliant with SB 1383
regulations, including receipt of anonymous
complaints.
Section 24. Subsection 31-63(a) is amended to read as follows:
31-63 - Diversion requirements.
a. During the duration of a project, the responsible
party shall divert, at a minimum, sixty-five (65)
percent by weight, or diversion required under
CALGreen, whichever is more stringent, of the
divertible materials from the Solid Waste stream
when required as a condition of a County permit
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issued for a project, unless the Solid Waste
Manager requires a lower percentage of divertible
materials be diverted, in which case, the
responsible party shall divert, at a minimum, the
percentage by weight of the divertible materials
from the Solid Waste stream required as a condition
of a County permit issued for a project.
Section 25. Article VIII is added to read as follows:
Article VIII. - Compliance with the Act, SB 1383, and the SB 1383
Regulations
31-80 - Compliance with the Act
All residential premises, multifamily residential complexes,
commercial customers, franchised haulers, generators, haulers,
licensed haulers, and all other entities subject to the
requirements of the Act shall fully comply with the Act and all
other applicable laws.
31-81 - SB 1383 Regulatory Compliance
Organic waste generators, haulers, and all other entities subject
to the requirements of SB 1383 and the SB 1383 regulations shall
comply with all applicable requirements, including but not limited
to those summarized below.
Residential premises, multifamily residential complexes, and
commercial customers located in a mandatory service area and/or
recycling zone shall be required to subscribe to the licensed
hauler's three -container system unless they apply for, qualify for,
and receive a written self -haul waiver from the County. Self -haul
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4."f
waiver applications can be obtained from the Solid Waste Manager.
Residential premises, multifamily residential complexes, and
commercial customers located in a non -mandatory service area,
unless located in a recycling zone, shall be exempt from the
requirements of SB 1383.
A. Organic Waste Generators.
SB 1383 requirements that apply to organic waste
generators include, but are not necessarily limited to
the following:
1. All residential premises and all commercial premises
located in a recycling zone shall be automatically
enrolled in the licensed hauler's three -container
collection services for solid waste, recyclable
materials, and organic waste including food waste,
regardless of whether or not any portion of the
recycling zone is in a non -mandatory service area.
2. All residential premises, except residential
premises that meet the self -hauler requirements of
SB 1383 and have received a written self -haul waiver
from the Solid Waste Manager, or are located in a
non -mandatory service area outside of a recycling
zone, or where the County has determined that
geographic conditions make the routing of collection
vehicles severely impractical or impossible, shall
be automatically enrolled in the licensed hauler's
three -container collection services for solid waste,
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recyclable materials, and organic waste including
food waste.
3. All commercial premises (including all multifamily
residential complexes with five (5) or more units),
except those located in a non -mandatory service area
outside of a recycling zone, or where the County has
determined that geographic conditions make the
routing of collection vehicles severely impractical
or impossible, must make arrangements for the
diversion of recyclable materials and organic waste,
either through a collection service with a solid
waste franchised hauler, or by self -hauling.
Commercial premises that wish to self -haul material
must meet the self -hauler requirements of SB 1383,
and must apply for and receive a written self -hauler
waiver from the Solid Waste Manager. The County
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. Commercial premises shall adjust their
service level for their collection services as
required by the County.
4. Generators shall place organic waste, including food
waste, in the designated organic waste container;
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recyclable materials in the designated recycling
container; and solid waste in the designated solid
waste container. Generators shall not place
materials designated for the solid waste container
into the organic waste container or recycling
container.
5. Each commercial premises and multifamily residential
complex property owner shall be responsible for
ensuring and demonstrating its compliance with the
following requirements:
(a) Supply and allow access to adequate number,
size and location of collection containers
with sufficient labels or colors (conforming
with requirements described below) for
employees, contractors, tenants, and
customers, consistent with a three -container
collection service or, if self -hauling in
compliance with self -hauling requirements in
Subsection B.3. herein.
(b) Excluding multifamily residential complexes,
provide containers for the collection of
organic waste and 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
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restrooms. If a commercial premises 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
business shall have either:
1) A body or lid that conforms with the
container colors provided through the
collection service provided by the
County's franchised haulers, 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 premises 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.
2) Container labels that include language or
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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 to
14 CCR Section 18984.8, the container
labeling requirements are required on new
containers commencing January 1, 2022.
(c) Multifamily residential complexes are not
required to comply with container placement
requirements or labeling requirements in this
Section pursuant to 14 CCR Section 18984.9(b).
(d) Excluding multifamily residential complexes, to
the extent practical through education,
training, inspection, and/or other measures,
prohibit employees from placing materials in a
container not designated for those materials
per a three -container collection service.
(e) Excluding multifamily residential complexes,
periodically inspect organic waste, recycling,
and solid waste containers for contamination
and inform employees if containers are
contaminated and of the requirements to keep
contaminants out of those containers pursuant
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to 14 CCR Section 18984.9(b)(3).
(f) Including multifamily residential complexes,
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.
(g) Including multifamily residential complexes,
provide education information before or within
fourteen (14) days of occupation of the
premises by new tenants that describes
requirements to keep source separated organic
waste and source separated recyclable
materials separate from solid waste and the
location of containers and the rules governing
their use at each property.
(h) Including multifamily residential complexes,
provide or arrange access for the County or
its representative to the properties during
all inspections conducted in accordance with
SB 1383 to confirm compliance with the
requirements of this chapter.
(i) Nothing in this chapter prohibits a generator
from preventing or reducing waste generation,
managing organic waste on site, or using a
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community composting site pursuant to 14 CCR
Section 18984.9(c).
6. Waivers for Generators
(a) County may waive a commercial customer's
obligation (including a multifamily
residential complex) to comply with some or
all of the organic waste requirements of SB
1383 if the commercial customer provides
documentation as described below, and the
County finds that documentation supports the
granting of a waiver.
1) Commercial customers requesting a de
minimis waiver shall submit an
application specifying the services that
they are requesting a waiver from and
provide documentation that either:
i. The commercial customer's 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,
ii. The commercial customer's total
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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.
iii. Notify County if circumstances
change such that commercial
customer's organic waste exceeds
threshold required for waiver, in
which case waiver will be rescinded.
2) Commercial customers or property owners
may request a physical space waiver
through the following process:
i. Submit an application specifying the
services that they are requesting a
waiver from.
ii. 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.
(b) Waivers shall apply for up to, but no longer
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than five (5) years, as determined by the
Director and/or his or her designee.
B. Other entities
SB 1383 requirements that apply to other entities
include, but are not necessarily limited to the
following:
1. Commercial edible food generators
a) Tier one commercial edible food generators
shall comply with the requirements of 14 CCR
Section 18991 commencing January 1, 2022. Tier
two commercial edible food generators shall
comply with the requirements 14 CCR Section
18991.3 commencing January 1, 2024.
b) A large venue or large event operator that
does not provide food services, but allows for
food to be provided, shall require food
facilities operating at the large venue or
large event to comply with the requirements of
14 CCR Section 18991.3.
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
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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) Shall keep records as specified in 14 CCR
Section 1.8991..4.
5) Shall provide to the County a copy of any
of the information they are required to
track per Section 18991.4 within 30 days
of request by the County.
2. Food recovery organizations and services
a) Shall maintain records as specified in 14 CCR
Section 18991.5, and shall provide a copy of
those records to the County within 30 days of
request by the County.
3. Self -hauler Requirements
a) Any party wishing to self -haul material must
apply for and receive written approval from
the County.
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b) Self -haulers shall source separate all
recyclable materials and organic waste
generated on-site from solid waste in a manner
consistent with 14 CCR Section 18984.1, a
three -container separation process.
c) Self -haulers shall haul their source separated
recyclable materials to a facility that
recovers those materials; and haul their
source separated green container organic waste
to a solid waste facility, operation,
activity, or property that processes or
recovers source separated organic waste.
1) Self -haulers that are commercial
customers (including multifamily
residential complexes) 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 County. The records shall include the
following information:
i. Delivery receipts and weight tickets
from the entity accepting the waste.
ii. The amount of material in cubic
yards or tons transported by the
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generator to each entity.
iii. 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.
Section 26. CEQA Exemption.
This Ordinance is adopted pursuant to CalRecycle's SB 1383
Regulations. The SB 1383 Regulations were the subject of a program
environmental impact report (EIR) prepared by CalRecycle, and the
activities to be carried out under this Ordinance are entirely
within the scope of the SB 1383 Regulations and that EIR. No
mitigation measures identified in the EIR are applicable to the
County's enactment of this Ordinance. Moreover, none of the
conditions requiring a subsequent or supplemental EIR, as described
in Public Resources Code Section 21166 and California Environmental
Quality Act (CEQA) Guidelines Sections 15162 and 15163, have
occurred. The EIR therefore adequately analyzes any potential
environmental effects of the Ordinance and no additional
environmental review is required.
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IThe County already requires a three container collection system,
Hand the requirements of the SB 1383 regulations and this Ordinance
I1will only alter the way materials are collected in the three
Ilcontainers. Materials that are currently placed in one container
Ilwill in the future be placed in a different container. Adoption of
this Ordinance is exempt from the provisions of the California
Environmental Quality Act (CEQA). The County finds that this
Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15061(b)(3) (there
is no possibility the activity in question may have a significant
effect on the environment).
In addition to the foregoing general exemptions, and as a separate
and independent basis, the following categorical exemptions apply:
this Ordinance is exempt from CEQA pursuant to Class 8, Section
15308 of the CEQA Guidelines (actions taken as authorized by local
ordinance to assure protection of the environment) as an action
that will not have a significant impact on the environment and as
an action taken by a regulatory agency for the protection of the
environment, specifically, for the protection of the climate; and
this Ordinance is exempt from CEQA pursuant to Class 21, Section
15321 (action by agency for enforcement of a law, general rule,
standard or objective administered or adopted by the agency,
including by direct referral to the County Counsel as appropriate
for judicial enforcement) as an action by the County to implement
the required SB 1383 regulations. There are no unusual
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circumstances that would cause this Ordinance to have a significant
effect on the environment.
Section 27. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstances is for any reason
held to be invalid by a court of competent jurisdiction, such
provision shall be deemed severable, and the invalidity thereof shall
not affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or
application thereof.
Section. 28. Effective Date and Publication. This Ordinance shall take
effect thirty (30) days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this
Ordinance before the expiration of fifteen (15) days after its
passage. This Ordinance shall be published once, with the names of
the members of the Board of Supervisors voting for and against it,
in a newspaper of general circulation published in the County of
Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of: the County of Butte,
State of California, on the loth day of May, 2022 by the following
vote:
AXES: Supervisors Lucero, Ritter, Kimmelshue, Teeter and Chair
Connelly
NOES: None
ABSENT: None
NOT VOTING: None
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Bill Connelly, Cha.i.r
Butt.e County Board of Supervisors
ATTEST:
Andy Pickett, Chi.ef Admi.nistrati-ve Of"ficer
and Clerk of the Board
&V
B y
Deputy
w