HomeMy WebLinkAbout2021-05 CC Ordinance ORDINANCE NO. 2021-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING ARTICLE I, DEFINITIONS,
OF CHAPTER 8.20 OF THE TEMECULA MUNICIPAL
CODE AND AMENDING ARTICLE XIV, MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION, OF THE
TEMECULA MUNICIPAL CODE, AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA
GUIDELINES SECTIONS 15061(B)(3)AND 15308
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Article I, Definitions, of Chapter 8.20, Sections 8.20.010 through 8.20.280,
inclusive, is hereby amended to read as follows:
8.20.010 Definitions
For the purposes of this Chapter,the following words,terms,phrases,and their derivations
have the meanings given herein. Terms not defined in this section and defined elsewhere in this
Code shall have the same meanings herein unless the context otherwise requires. In the event of
a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the
definitions in Section 18982 shall control for the purposes of this Chapter. Additionally, for the
purposes of this Chapter, the definitions in 14 CCR Section 18982 shall control for terms used in
this Chapter and not defined in this Code. When consistent with the context, words used in the
present tense include the future tense,and words in the singular number include the plural number.
Unless otherwise specified herein, references to a statute or regulation means the statute or
regulation, as amended, supplemented, superseded and replaced from time to time.
A. "Blue Container"has the same meaning as in 14 CCR Section 18982(a)(5)and shall
be used only for the purpose of storage and collection of Source Separated Recyclable Materials
and Source Separated Blue Container Organic Waste. Notwithstanding the foregoing, functional
containers purchased prior to January 1,2022 that are used for the storage and collection of Source
Separated Recyclable Materials or Source Separated Blue Container Organic Waste and that do
not comply with the color requirements of 14 CCR Section 18982(a)(5)shall be deemed to be Blue
Containers and are not required to be replaced until the end of the useful life of those containers
or January 1, 2036, whichever is earlier.
B. "CalRecycle" means the California Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for developing, implementing,
and enforcing SB 1383 Regulations on the City(and others).
C. "California Code of Regulations"or"CCR"means the State of California Code of
Regulations. CCR references 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 the CCR).
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D. "City"means the City of Temecula.
E. "City Manager"means the City Manager of the City or his/her designee.
F. "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 Business for purposes of implementing this Chapter.
G. "Commercial Edible Food Generator" includes a Tier One or a Tier Two
Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). 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).
H. "Compliance Review" means a review of records by the City to determine
compliance with this Chapter.
I. "Community Composting" means any activity that composts green material,
agricultural material, food material,and vegetative food material,alone or in combination,and the
total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards
and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14
CCR Section 18982(a)(8).
J. "Compost"has the same meaning as in 14 CCR Section 17896.2(a)(4).
K. "Compostable Plastic(s)" means plastic materials that meet the ASTM D6400
standard for compostability; or, as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or
18984.2(a)(1)(C).
L. "Container 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).
M. "County"means the County of Riverside.
N. "C&D"means construction and demolition debris.
O. "Designee" means an entity that the City contracts with or otherwise arranges to
carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section
18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of
those entities.
P. "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
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Recovery of Edible Food that does not meet the food safety requirements of the California Retail
Food Code.
Q. "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.
R. "Enforcement Official" means the City Manager, Director of Public Works or the
City Manager's authorized Designees who are partially or wholly responsible for enforcing this
Chapter.
S. "Excluded Waste"means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and
toxic substances or material that facility operator(s), which receive materials from the City and its
Generators,reasonably believe(s)would,as a result of or upon acceptance,transfer,processing,or
disposal,be a violation of local, State,or Federal law,regulation,or ordinance,including: land use
restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the
facility by permit conditions, waste that in the City's Enforcement Official or its Designee's,
reasonable opinion would present a significant risk to human health or the environment, cause a
nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not
including de minimus volumes or concentrations of waste of a type and amount normally found in
Single-Family or Multi-Family Solid Waste after implementation of programs for the safe
collection,processing,recycling,treatment,and disposal of batteries and paint in compliance with
Sections 41500 and 41802 of the State Public Resources Code.
T. "Food Distributor"means a company that distributes food to entities including,but
not limited to, Supermarkets and Grocery Stores; or, as otherwise defined in 14 CCR Section
18982(a)(22).
U. "Food Facility"has the same meaning as in Section 113789 of the State Health and
Safety Code.
V. "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).
W. "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 State Health and Safety
Code;
2) A nonprofit charitable organization as defined in Section 113841 of the
State Health and Safety code; and
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3) A nonprofit charitable temporary food facility as defined in Section 113842
of the State Health and Safety Code; or, as otherwise defined in 14 CCR Section 18982(a)25).
X. A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14
CCR Section 18982(a)(7).
Y. "Food Recovery Service" means a person or entity that collects and transports
Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other
entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food
Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and
implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Z. "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 Scraps
excludes fats,oils,and grease when such materials are Source Separated from other Food Scraps.]
AA. "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).
BB. "Food-Soiled Paper" means compostable paper material that has come in contact
with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups,
napkins,pizza boxes, and milk cartons.
CC. "Food Waste"means Food Scraps, [Food-Soiled Paper,and Compostable Plastics.]
DD. "Generator" means a person or entity that is responsible for the initial creation of
Solid Waste, and with respect to Organic Waste, means a person or entity that is responsible for
the initial creation of Organic Waste; or, as otherwise defined in 14 CCR Section 18982(a)(48).
EE. "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used only for the purpose of storage and collection of [Gray Container Waste].
Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are
used for the storage and collection of [Gray Container Waste] and that do not comply with the
color requirements of 14 CCR Section 18982(a)(28) are not required to be replaced until the end
of the useful life of those containers or January 1, 2036, whichever is earlier.
FF. "Gray Container Waste" means Solid Waste that is collected in a Gray Container
that is part of the City's three-container Organic Waste collection service that prohibits the
placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a)
and(b);or,as otherwise defined in 14 CCR Section 17402(a)(6.5). [Notwithstanding the preceding
sentence, Gray Container Waste includes carpets and textiles.]
GG. "Green Container"has the same meaning as in 14 CCR Section 18982(a)(29) and
shall be used only for the purpose of storage and collection of Source Separated Green Container
Organic Waste. Notwithstanding the foregoing, functional containers purchased prior to
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January 1, 2022 that are used for the storage and collection of Source Separated Green Container
Organic Waste and that do not comply with the color requirements of 14 CCR Section
18982(a)(29) are not required to be replaced until the end of the useful life of those containers or
January 1, 2036,whichever is earlier.
HH. "Grocery Store"means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a bakery, deli,
and meat and seafood departments; or, as otherwise defined in 14 CCR Section 18982(a)(30).
II. "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).
JJ. "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 50 percent between January 1,
2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14
CCR Section 18815.5(e) for 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).
KK. "Inspection" means a site visit where the City or its Designee reviews records,
containers, and an entity's collection,handling,recycling,or landfill disposal of Organic Waste or
Edible Food handling to determine if the entity is complying with requirements set forth in this
Chapter; or, as otherwise defined in 14 CCR Section 18982(a)(35).
LL. "Large Event" means an event, including, but not limited to, a sporting event or a
flea market,that charges an admission price,or is operated by a local agency,and serves an average
of more than 2,000 individuals per day of operation of the event, at a location that includes,but is
not limited to, a public,nonprofit,or privately owned park,parking lot, golf course, street system,
or other open space when being used for an event; or, as otherwise defined in 14 CCR Section
18982(a)(38).
MM. "Large Venue," unless otherwise defined in 14 CCR Section 18982(a)(39), means
a permanent venue facility that annually seats or serves an average of more than 2,000 individuals
within the grounds of the facility per day of operation of the venue facility. For purposes of this
Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is
not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena,
hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track,
performing arts center, fairground, museum, theater, or other public attraction facility. For
purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under
common ownership or control that includes more than one Large Venue that is contiguous with
other Large Venues in the site, is a single Large Venue.
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NN. "Local Education Agency"means a school district, charter school,or county office
of education that is not subject to the control of the City's regulations related to Solid Waste; or,
as otherwise defined in 14 CCR Section 18982(a)(40).
00. "Mixed Waste Organic Collection Stream" or "Mixed Waste" means Organic
Waste collected in a container that is required by 14 CCR Section 18984.1 to be taken to a High
Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section
17402(a)(11.5).
PP. "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.
QQ. "MWELO" refers to the Model Water Efficient Landscape Ordinance, 23 CCR,
Division 2, Chapter 2.7 and Chapter 17.32 of this Code.
RR. "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).
SS. "Non-Local Entity" means the following entities that are not subject to the City's
enforcement authority; or, as otherwise defined in 14 CCR Section 18982(a)(42):
1) Special district(s) located within the jurisdictional boundaries of the City;
2) Federal facilities, including military installations, located within the
jurisdictional boundaries of the City;
3) Prison(s) located within the jurisdictional boundaries of the City;
4) Facilities operated by the State park system located within the jurisdictional
boundaries of the City;
5) Public universities (including community colleges) located within the
jurisdictional boundaries of the City;
6) County fairgrounds located within the jurisdictional boundaries of the City;
and
7) State agencies located within the jurisdictional boundaries of the City.
TT. "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable
wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise
defined in 14 CCR Section 18982(a)(43).
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UU. "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.
VV. "Organic Waste" means Solid Waste containing material originated from living
organisms and their metabolic waste products, including, but not limited to, food, green material,
landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing
and Writing Paper, manure,biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR
Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
WW. "Paper Products" include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as
otherwise defined in 14 CCR Section 18982(a)(51).
XX. "Printing and Writing Papers" include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila
envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers,
posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise
defined in 14 CCR Section 18982(a)(54).
YY. "Prohibited Container Contaminants,"unless otherwise defined in 14 CCR Section
18982(a)(55), means the following:
1) discarded materials placed in the Blue Container that are not identified as
acceptable Source Separated Recyclable Materials for the City's Blue Container;
2) discarded materials placed in the Green Container that are not identified as
acceptable Source Separated Green Container Organic Waste for the City's Green Container,
including carpet,hazardous wood waste and Non-Compostable Paper;
3) discarded materials placed in the Gray Container that are acceptable Source
Separated Recyclable Materials and/or Source Separated Green Container Organic Waste to be
placed in the City's Green Container or Blue Container; and,
4) Excluded Waste placed in any container.
ZZ. "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).
AAA. "Recycled-Content Paper" means Paper Products and Printing and Writing Paper
that consists of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined
in 14 CCR Section 18982(a)(61).
BBB. "Remote Monitoring"means the use of the internet of things(IoT) and/or wireless
electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray
Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or
presence of Prohibited Container Contaminants.
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CCC. "Restaurant" means an establishment primarily engaged in the retail sale of food
and drinks for on-premises or immediate consumption;or,as otherwise defined in 14 CCR Section
18982(a)(64).
DDD. "Route Review" means a visual Inspection of containers along a Hauler Route for
the purpose of determining Container Contamination and may include mechanical Inspection
methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(a)(65).
EEE. "SB 1383"means Senate Bill 1383 of 2016 approved by the Governor of the State
on September 19,2016,which added Sections 39730.5,39730.6,39730.7,and 39730.8 to the State
Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the State Public Resources Code, establishing methane emissions reduction targets
in a Statewide effort to reduce emissions of short-lived climate pollutants.
FFF. "SB 1383 Regulations"means the Short-Lived Climate Pollutants: Organic Waste
Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR,
Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.
GGG. "Self-Hauler" means a person or entity, who, in compliance with all applicable
requirements of this Chapter, hauls Solid Waste, Organic Waste or recyclable materials he or she
has generated to another person or entity. Self-Hauler also includes a person or entity who Back-
Hauls waste; or, as otherwise defined in 14 CCR Section 18982(a)(66). Back-Haul means
generating and transporting Organic Waste 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).
HHH. "Single-Family" means of, from, or pertaining to any residential premises with
fewer than five (5)units.
III. "Solid Waste" unless otherwise defined in State Public Resources Code Section
40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including
garbage,trash,refuse,paper,rubbish,ashes,industrial wastes,demolition and construction wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered,
treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or
animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the
exception that Solid Waste does not include any of the following wastes:
1) Hazardous waste, as defined in the State Public Resources Code Section
40141.
2) Radioactive waste regulated pursuant to the 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 Medical Waste Management Act
(Part 14(commencing with Section 117600)of Division 104 of the State Health and Safety Code).
Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State
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Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be
Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
JJJ. "Source Separated" means materials, including commingled recyclable materials,
that have been separated or kept separate from the Solid Waste stream, at the point of generation,
for the purpose of additional sorting or processing those materials for recycling or reuse in order
to return them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products, which meet the quality standards necessary to be used in the marketplace,
or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter,Source
Separated shall include separation of materials by the Generator,property owner,property owner's
employee, property manager, or property manager's employee into different containers for the
purpose of collection such that Source Separated materials are separated from [Gray Container
Waste] or other Solid Waste for the purposes of collection and processing of those materials.
KKK. "Source Separated Blue Container Organic Waste" means Source Separated
Organic Wastes that can be placed in a Blue Container that is limited to the collection of those
Organic Wastes and Non-Organic Recyclables. Source Separated Blue Container Organic Waste
excludes Source Separated Green Organic Waste, but includes Paper Products, Printing and
Writing Paper,wood and dry lumber and textiles unless otherwise specified by the City.
LLL. "Source Separated Green Container Organic Waste" means Source Separated
Organic Waste that can be placed in a Green Container that is specifically intended for the separate
collection of Organic Waste by the Generator,excluding Source Separated Blue Container Organic
Waste, carpets, Non-Compostable Paper, and textiles.
MMM. "Source Separated Recyclable Materials" means Source Separated Non-Organic
Recyclables and Source Separated Blue Container Organic Waste.
NNN. "State"means the State of California.
000. "Supermarket"means a full-line,self-service retail store with gross annual sales of
two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or
nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section
18982(a)(71).
PPP. "Tier One Commercial Edible Food Generator"means a Commercial Edible Food
Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
1) Supermarket;
2) Grocery Store with a total facility size equal to or greater than 10,000 square
feet;
3) Food Service Provider;
4) Food Distributor; or,
5) Wholesale Food Vendor.
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QQQ. "Tier Two Commercial Edible Food Generator"means a Commercial Edible Food
Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
1) Restaurant with 250 or more seats,or a total facility size equal to or greater
than 5,000 square feet;
2) Hotel with an on-site Food Facility and 200 or more rooms;
3) Health facility with an on-site Food Facility and 100 or more beds;
4) Large Venue;
5) Large Event;
6) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet; or
7) A Local Education Agency facility with an on-site Food Facility.
RRR. "Uncontainerized Green Waste and Yard Waste Collection Service" or
"Uncontainerized Service"means a collection service that collects green waste and yard waste that
is placed in a pile or bagged for collection on the street in front of a Generator's house or place of
business for collection and transport to a facility that recovers Source Separated Organic Waste;
or, as otherwise defined in 14 CCR Section 189852(a)(75).
SSS. "Wholesale Food Vendor" means a business or establishment engaged in the
merchant wholesale distribution of food, where food(including fruits and vegetables) is received,
shipped, stored,prepared for distribution to a retailer, warehouse, distributor, or other destination;
or, as otherwise defined in 14 CCR Section 189852(a)(76).
Section 2. Article XIII of Chapter 8.20, Violations, Section 8.20.720, is hereby
amended to read as follows:
8.20.720 Enforcement
A. The Enforcement Official shall issue a Notice of Violation for violations of this
Chapter.
B. Except as otherwise provided in this chapter, violations of this chapter are
punishable as set out in Chapter 1.20 or 1.21 and in Sections 8.12.140, 8.12.180
and 8.20.790 of this Code.
C. City may enforce the provisions of this Chapter by civil actions and such other
remedies as may be available by law.
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Section 3. Article XIV of Chapter 8.20, Mandatory Commercial Recycling and
Organics Collection, Sections 8.20.730 through 8.20.760, inclusive, is hereby amended to read as
follows:
8.20.730. Purposes
A. Assembly Bill ("AB") 939 of 1989, the California Integrated Waste Management
Act of 1989 (Public Resources Code Section 40000, et seq., as amended,
supplemented, superseded and replaced from time to time and as implemented by
regulations of the California Department of Resources, Recycling and Recovery
("CalRecycle")), requires the City to reduce, reuse, and recycle (including
composting), solid waste generated in the City to the maximum extent feasible
before any incineration or landfill disposal of waste,to conserve water,energy,and
other natural resources, and to protect the environment.
B. AB 341 of 2011 places requirements on businesses, including multi-family
property owners with five or more dwelling units, that generate a specified
threshold amount of solid waste to arrange for recycling services and requires the
City to implement a mandatory commercial recycling program.
C. AB 1826 of 2014 requires businesses,including multi-family property owners with
five or more dwelling units, that generate a specified threshold amount of solid
waste, recycling, and organic waste per week to arrange for recycling services for
that waste,and requires the City to implement a recycling program to divert organic
waste from such businesses.
D. Senate Bill ("SB") 1383 of 2016, the Short-lived Climate Pollutant Reduction Act
of 2016, requires CalRecycle to develop regulations to reduce organics in landfills
as a source of methane. These regulations, adopted in 2020 ("SB 1383
Regulations"), place requirements on multiple entities including the City; single-
family residential households; commercial businesses, including multi-family
property owners with five or more dwelling units; commercial edible food
generators, haulers, including self-haulers; food recovery organizations; and food
recovery services to support achievement of statewide organic waste disposal
reduction targets.
E. The SB 1383 Regulations require the City to adopt and enforce an ordinance or
other enforceable mechanism to implement relevant provisions of the SB 1383
Regulations.
F. This Article implements the requirements of the SB 1383 Regulations.
8.20.735. Requirements for Single-Family Organic Waste Generators
Single-Family Organic Waste Generators shall comply with the following requirements, except
Single-Family Generators that meet the Self-Hauler requirements of this Code:
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A. Subscribe to the City's Organic Waste collection service(s) for all Organic Waste
generated as described below. The City shall have the right to review the number
and size of a Generator's containers to evaluate adequacy of capacity provided for
each type of collection service for proper separation of materials and containment
of materials; and Single-Family Generators shall adjust their service level for their
collection services as requested by the City. Generators may additionally manage
their Organic Waste by preventing or reducing their Organic Waste, managing
Organic Waste on site, and/or using a Community Composting site pursuant to 14
CCR Section 18984.9(c).
B. Participate in the City's Organic Waste collection service(s)by placing designated
materials in designated containers as described in this paragraph,and shall not place
Prohibited Container Contaminants in collection containers. Generators shall place
Source Separated Green Container Organic Waste, including Food Waste, in the
Green Container; Source Separated Recyclable Materials (which includes Source
Separated Non-Organic Recyclables and Source Separated Blue Container Waste)
in the Blue Container; and Gray Container Waste in the Gray Container.
Generators shall not place materials designated for the Gray Container into the
Green Container or Blue Container.
8.20.740. Requirements for Commercial Organic Waste Generators
Organic Waste Generators that are Commercial Businesses, including Multi-Family Residential
Dwellings, shall comply with the following requirements, except Commercial Businesses that
meet the Self-Hauler requirements of this Code.
A. Subscribe to the City's three-container Organic Waste collection service(s) and
comply with requirements of those service(s) as described below in paragraph (b)
of this section. The City shall have the right to review the number and size of a
Generator's containers and frequency of collection to evaluate adequacy of capacity
provided for each type of collection service for proper separation of materials and
containment of materials; and Commercial Businesses shall adjust their service
level for their collection services as requested by the City.
B. Participate in the City's Organic Waste collection service by placing designated
materials in designated containers. Generator shall place Source Separated Green
Container Organic Waste including Food Waste, in the Green Container; Source
Separated Recyclable Materials (which includes Source Separated Non-Organic
Recyclables and Source Separated Blue Container Waste) in the Blue Container;
and Gray Container Waste in the Gray Container. Generator shall not place
materials designated for the Gray Container into the Green Container or Blue
Container.
C. Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors (conforming to subsections (d)(1) and
(d)(2) below) for employees, contractors, tenants, and customers, consistent with
the City's collection service or, if self-hauling, per the Commercial Businesses'
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instructions to support its compliance with its self-haul program,in accordance with
8.20.765.
D. Excluding Multi-Family Residential Dwellings, provide containers for the
collection of Source Separated Green Container Organic Waste and Source
Separated Recyclable Materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by that business.
Such containers shall be visible and easily accessible. 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 business shall have either:
(1) A body or lid that conforms with the container colors provided through the
collection service provided by the City. 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 this
subsection prior to the end of the useful life of those containers, or prior to
January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images,or both,indicating
the primary material accepted and the primary materials prohibited in that
container, or containers with imprinted text or graphic images that indicate
the primary materials accepted and primary materials prohibited in the
container. Pursuant to 14 CCR Section 18984.8, the container labeling
requirements are required on new containers commencing January 1, 2022.
E. Multi-Family Residential Dwellings are not required to comply with container placement
requirements or labeling requirements pursuant to 14 CCR Section 18984.9(b).
F. 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 8.20.765.
G. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers,
Green Containers, and Gray Containers for contamination and inform employees if
containers are contaminated and of the requirements to keep contaminants out of those
containers pursuant to 14 CCR Section 18984.9(b)(3).
H. Annually provide information to employees, contractors, tenants, and customers about
Organic Waste Recovery requirements and about proper sorting of Source Separated Green
Container Organic Waste and Source Separated Recyclable Materials.
I. Provide information as described in(h) in this Section before or within fourteen(14)days
of occupation of the premises to new tenants.
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J. Provide or arrange access for the City or its agent to their properties during all Inspections
conducted in accordance with 8.20.785 to confirm compliance with the requirements of
this section.
K. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements of this
Code, including 8.20.765.
L. 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).
M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators
shall comply with Food Recovery requirements,pursuant to 8.20.755.
8.20.745. Waivers for Generators
A. De Minimis Waivers. The City may waive a Commercial Business' obligations(including
Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste
requirements of this Article if the Commercial Business provides documentation that the
business generates below a certain amount of Organic Waste material as described below
in subsection(a)(2). Commercial Businesses requesting a de minimus waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from
and provide documentation as noted in subsection(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 the Commercial Business'
Organic Waste exceeds the threshold required for waiver, in which case the waiver
will be rescinded.
(4) Provide written verification of eligibility for a de minimus waiver every 5 years, if
the City has approved a de minimus 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 of this
Article if the City has evidence from its own staff, a hauler, licensed architect, or licensed
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engineer demonstrating that the premises lacks adequate space for the collection containers
required for the Organic Waste collection requirements of this chapter. Commercial
Businesses or property owners requesting a physical space waiver shall:
(1) Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver and provide documentation as noted
below.
(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 that it is still eligible for a physical space
waiver every five years,if the City has approved an application for a physical space
waiver.
C. Collection Frequency Waivers. The City, at its discretion and in accordance with 14 CCR
Section 18984.11(a)(3),may allow the owner or tenant of any residence,premises,business
establishment or industry that subscribes to the City's three- container Organic Waste
collection service to arrange for the collection of their Blue Container, Gray Container, or
both once every fourteen days, rather than once per week.
D. The Enforcement Official will be responsible for review and approval of waivers.
8.20.750. Requirements for Commercial Edible Food Generators
A. Tier One Commercial Edible Food Generators must comply with the requirements of this
Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators
must comply with the requirements of this Section 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:
(A) the collection of Edible Food for Food Recovery; or,
(B) acceptance of the Edible Food that the Commercial Edible Food Generator
self-hauls to the Food Recovery Organization for Food Recovery.
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(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a
Food Recovery Organization or a Food Recovery Service.
(4) Allow the City's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant to 14 CCR
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 Food Recovery 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.
(ii) The types of food that will be collected by or self-hauled to the Food
Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.
D. If the Enforcement Official makes a request, then within 30 days of the request, Tier One
Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators
shall provide a Food Recovery report to the City that includes the following information:
(A) A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
(B) The quantity of food, measured in annual pounds recovered, collected or
self-hauled to a Food Recovery Service or Food Recovery Organization for
Food Recovery.
(C) The name, address and contact information of the Food Recovery Service
or Food Recovery Organization.
E. Nothing in this Notify the City if circumstances change such that the Commercial Business'
Organic Waste exceeds the threshold required for waiver, in which case the waiver will be
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rescinded. 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 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
State Education Code, and amended Section 114079 of the State Health and Safety Code,
relating to food safety, as amended, supplemented, superseded and replaced from time to
time.
8.20.755. Requirements for Food Recovery Organizations and Services
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14 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
State Food 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 the total pounds of Edible Food recovered in the previous calendar year
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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
July 1 of each year, commencing in 2023.
E. 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 60
days, unless a shorter timeframe is otherwise specified by the City.
8.20.760. Requirements for Haulers, Facility Operators and Community Composting
Operations
A. Requirements for Haulers
(1) Haulers providing residential, Commercial, or industrial Organic Waste collection
services to Generators within the City's boundaries shall meet the requirements and
standards of 14 CCR,Division 7,Chapter 12 as a condition of approval of contract,
agreement, or other authorization to collect Organic Waste.
(2) Through written notice to the City,haulers shall identify the facilities to which they
will transport Organic Waste.
(3) Haulers providing Organic Waste collection services shall comply with the
applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.
(4) Haulers providing residential, Commercial industrial Organic Waste collection
services shall transport Organic Waste to a facility, operation, activity, or property
that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article
2.
(5) Haulers providing residential, Commercial industrial Organic Waste Collection
Services shall obtain applicable approval of the City pursuant to 14 CCR Section
18988.1 and keep a record of the documentation of its approval by the City.
B. Paragraph (a) of this section is not applicable to a hauler that consistent with Article 1,
Chapter 9, Part 2, Division 30, commencing with Section 41950 of the Public Resources
Code, is transporting Source Separated Organic Waste to a Community Composting site
or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR
Section 18989.1 and applicable requirements of this Code.
C. Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in-vessel digestion facilities, and
publicly-owned treatment works shall,upon the City's request,provide information
regarding available and potential new or expanded capacity at their facilities,
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operations, and activities, including information about throughput and permitted
capacity necessary for planning purposes. Entities contacted by the City shall
respond within 60 days.
(2) Community Composting operators, upon the City's request, shall provide
information to the City to support Organic Waste capacity planning, including,but
not limited to,an estimate of the amount of Organic Waste anticipated to be handled
at the Community Composting operation. Entities contacted by the City shall
respond within 60 days, unless a shorter timeframe is otherwise specified by the
City.
8.20.765. Self-Hauler Requirements
In addition to any other requirements for Self-Haulers as contained in this Code:
A. Self-Haulers of Organic Waste shall comply with the requirements in 14 CCR Section
18988.3.
B. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials
that the City otherwise requires Organic Waste 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 Section 18984.1, or shall haul Organic Waste to a High
Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
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. Alternatively, Self-Haulers may haul Organic Waste to a High
Diversion Organic Waste Processing Facility.
D. 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.
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E. A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to
record or report information in subsection(d) of this section.
F. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall
provide information collected in paragraph(c)of this section to the City, if requested.
8.20.770. Compliance with CALGreen Recycling Requirements
A. In addition to any other requirements of this , the following requirements also apply:
(1) For projects covered by the California Green Building Standards Code, 24 CCR,
Part 11, the applicants must, as a condition of the City's permit approval, comply
with the following:
(A) 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 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 I as amended July 1, 2019 and
effective January 1, 2020.
(B) Where new commercial construction or additions will result in more than
30% of the floor area, provide readily accessible areas identified for the
storage and collection of Blue Container and Green Container materials,
consistent with the 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 July 1, 2019 and effective January 1, 2020.
B. For Organic Waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1
and 5.408.1,as amended July 1,2019 and effective January 1,2020 shall be complied with.
8.20.775. Model Water Efficient Landscaping Ordinance Requirements
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 amended September 15,
2015.
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8.20.780. Procurement Requirements for Direct Service Providers and Vendors
Direct service providers to the City and all vendors providing Paper Products and Printing and
Writing Papers must comply with the City's policy regarding recovered organic waste product
procurement, including Recycled-Content Paper procurement.
8.20.785. Inspections and Investigations by the City
A. City representatives and/or its designated entity, including Designees, are authorized to
conduct Inspections and investigations,at random or otherwise,of any collection container,
collection vehicle loads, or transfer,processing, or disposal facility for materials collected
from Generators,or Source Separated materials to confirm compliance with this Article 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,its Designees or agents to enter the interior of a private
residential property for inspection. For the purposes of inspecting Commercial Business
containers for compliance with this Article,the City may conduct container Inspections for
Prohibited Container Contaminants.
B. A regulated entity shall provide or arrange for access during all Inspections (with the
exception of residential property interiors)and shall cooperate with the City representative
and/or its designated entity, including Designees, 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 Article described herein. Failure to provide or arrange for:
(1) access to an entity's premises;
(2) installation and operation of Remote Monitoring equipment; or,
(3) access to records for any Inspection or investigation
is a violation of this Article and may result in penalties described herein.
C. Any records obtained by the City during its Inspections, [Remote Monitoring], and other
reviews shall be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in State Government Code Section 6250 et seq.
D. The City representative, its Designees and agents are authorized to conduct any
Inspections, Remote Monitoring,or other investigations as reasonably necessary to further
the goals of this Article, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints in accordance with by 14 CCR Section 18995.3.
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8.20.790. Enforcement
A. Violation of any provision of this Article shall constitute grounds for issuance of a Notice
of Violation and assessment of a fine by the Enforcement Official. Enforcement Actions
under this Article are issuance of an administrative citation and assessment of a fine. The
City's procedures on imposition of administrative fines set forth in Chapters 1.20 and 1.21
of this Code are hereby incorporated in their entirety, as modified from time to time, and
shall govern the imposition,enforcement,collection,and review of administrative citations
issued to enforce this Article and any rule or regulation adopted pursuant to this Article,
except as otherwise indicated in this Article. Other remedies allowed by law may be used,
including civil action or prosecution as a misdemeanor or infraction. The City may pursue
civil actions in the State courts to seek recovery of unpaid administrative citations. The
City may choose to delay court action until such time as a sufficiently large number of
violations, or cumulative size of violations exist such that court action is a reasonable use
of City staff and resources.
B. Enforcement pursuant to this Article may be undertaken by the Enforcement Official.
C. Fines for Violations. The fines for violations of the provisions of this Article are as
follows, subject to modifications by resolution of the City Council:
(1) For a first violation, the penalty shall be $150 per violation.
(2) For a second violation, the penalty shall be $500 per violation.
(3) For a third or subsequent violation, the penalty shall be $1,000 per violation.
D. Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds
that there are extenuating circumstances beyond the control of the respondent that make
compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals;
or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery
capacity and the City is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies."
Section 4 CEQA. The City Council finds that this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections
15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid
waste regulations, as provided for in this Ordinance will not have a significant effect on the
environment and that the new requirements, which strengthen requirements for the handling of
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solid waste, represent actions by a regulatory agency (the City) for the protection of the
environment.
Section 5. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause,phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional
by the decision of 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 6. OPERATIVE DATE OF ORDINANCE. This Ordinance shall become
operative on January 1, 2022.
Section 7. PUBLICATION. The City Clerk shall certify to the adoption of this
Ordinance and shall post or publish this Ordinance as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 141h day of December, 2021.
aryann Edwards, Mayor
AT
Ra 1, City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2021-05 was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 23rd day of November, 2021, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held
on the 141h day of December, 2021,by the following vote:
AYES: 4 COUNCIL MEMBERS: Edwards, Rahn, Schwank, Stewart
NOES: 1 COUNCIL MEMBERS: Alexander
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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