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Home My WebLink About6.1 Ordinance Opting in to the Alameda County Waste Management Authority Organics Reduction and Recycling Ordinance and Amending Municipal Code Chapter 5.32STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 6.1 DATE:November 16, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Ordinance Opting in to the Alameda County Waste Management Authority Organics Reduction and Recycling Ordinance and Amending Municipal Code Chapter 5.32Prepared by:Michelle Sung, Environmental Technician EXECUTIVE SUMMARY:The City Council will consider an Ordinance opting in to the Alameda County Waste Management Authority Organics Reduction and Recycling Ordinance (ORRO) and amending Municipal Code Chapter 5.32 Solid Waste Management. The ORRO will serve Alameda County jurisdictions as the enforcement mechanism for Senate Bill 1383 and will create consistent countywide standards to meet Senate Bill 1383 requirements. The amendments to Municipal Code Chapter 5.32 will conform with the ORRO and include renaming the chapter from “Solid Waste Management” to “Discarded Materials Management,” updating definitions, and revising collection contract language to be consistent with the franchise agreement. STAFF RECOMMENDATION:Waive the reading and INTRODUCE the Ordinance Opting in to the Alameda County Waste Management Authority Organics Reduction and Recycling Ordinance and Amending Chapter 5.32of the Dublin Municipal Code. FINANCIAL IMPACT:The cost of opting in to the Alameda County Waste Management Authority (WMA or StopWaste) Organics Reduction and Recycling Ordinance (ORRO) consists of Staff time coordinating with WMA and others, as well as reviewing and drafting the conforming changes to the Municipal Code.The financial impact to implement Senate Bill 1383, Short-Lived Climate Pollutants (SB 1383), is significant. One-time implementation costs are estimated to be from $135,000 to $200,000 and ongoing annual costs are estimated to be from $400,000 to $1.1 million, which includes the requirement for the City to purchase recycled organic waste products such as compost. It is likely 306 Page 2 of 5 that a significant portion of these costs will be picked up by the commercial and residential ratepayers of solid waste services in Dublin. The Alameda County Waste Reduction and Recycling Initiative (Measure D) funds will help offset the impact to the General Fund. Measure D levies a surcharge on waste landfilled in unincorporated Alameda County. Fifty percent of revenues generated by the surcharge are disbursed to cities and sanitary districts in Alameda County that meet criteria contained in the law. Annually, the City receives approximately $200,000 in Measure D funds. No other funding sources have been identified other than Measure D and the General Fund. DESCRIPTION:On May 4, 2021, Staff provided a report to the City Council on Senate Bill 1383, Short-Lived Climate Pollutants (SB 1383) requirements (Attachment 5). SB 1383 was signed into law in September 2016 and final rulemaking was issued by the California Department of Resources, Recycling, and Recovery (CalRecycle) in November 2020. SB 1383 establishes methane reductions targets to help the State of California meet its climate goals. Targets in SB 1383 include a requirement to achieve by 2025 a 75% reduction in the level of statewide disposal of organic waste from the 2014 level and a requirement that not less than 20% of currently disposed edible food is diverted from landfill to food recovery organizations. SB 1383 also requires local jurisdictions to adopt an Ordinance or other enforceable mechanism that incorporates SB 1383 requirements by January 1, 2022. The Alameda County Waste Management Authority (WMA or StopWaste) Organics Reduction and Recycling Ordinance (ORRO) was developed by WMA to serve as the SB 1383 enforcement mechanism for Alameda County jurisdictions and to create consistent countywide standards to meet SB 1383requirements. The ORRO is primarily based on a model developed by CalRecycle which is the State agency responsible for enforcing the requirements in SB 1383.The ORRO also includes requirements from the WMA Mandatory Recycling Ordinance (MRO),which were not included in the CalRecycle model ordinance. On June 18, 2019, the City Council adopted Resolution 73-19 (Attachment 6) opting the City into the MRO to help prepare for impending SB 1383 implementation. The MRO requires most businesses to subscribe to recycling and organics services and to separate and divert recyclable and organic materials. StopWaste has been implementing the MRO on behalf of municipalities, including Dublin, that have opted in to the ordinance. With implementation of SB 1383, the ORRO will supersede the MRO. Opting in to the ORRO would fulfill the City’s requirement to adopt an ordinance to demonstrate compliance with SB 1383. If the City Council opts to participate in the ORRO, StopWaste will work on behalf of the City to meet several requirements of SB 1383 using existing resources. The ORRO includes the following: Single-family generator requirements to subscribe to organics and recycling collection service and to properly separate materials for collection. 307 Page 3 of 5 Multi-family dwelling and business requirements to subscribe to organics and recycling collection service, properly separate materials for collection, educate employees and tenants about proper sorting, and provide labeled bins. De minimis organics generation and physical space constraint waiver options for commercial properties and physical space constraint waivers for multi-family properties. Food donation requirements for commercial edible food generators. Recordkeeping and reporting requirements for food recovery organizations and services. Public education, technical assistance, and reporting requirements for franchised waste haulers. Hauling, recordkeeping, and reporting requirements for self-haulers and facilities. Inspections and enforcement may be conducted by StopWaste, the municipality, or the municipality’s designee. Compliance processes and penalties for commercial and multi-family properties, as required by SB 1383.Delegation of AuthorityThe ORRO provides jurisdictions with the option to grant enforcement authority over several of its provisions to agencies specified in the ORRO outlined in Table 1 and summarized below.Table 1. ORRO Enforcement Provision of ORRO Enforcement AgencySection 5-Requirements for Commercial Generators, including Multi-Family Residential City,WMA, and Designee of City Section 6 –Waivers for Commercial Business Generators City,WMA, and Designee of City Section 7 –Requirements for Commercial Edible Food Generators City,WMA, and Designee of City Section 8 –Requirements for Food Recovery Organizations and Services City,WMA, and Designee of City Section 9 –Requirements for Regulated Haulers and Facility Operators City,WMA, and Designee of City Section 10 –Requirements for Self-Haulers City,WMA, and Designee of City Section 11 –Inspections and Investigations City,WMA,and Designee of City Section 12 –Enforcement City,WMA,and Designee of CityOrganics Service RequirementThe City must ensure that all single-family households, businesses, and multi-family dwellings have organics and recycling collection services. This activity consists of a desk review and does not require in-person inspections. StopWaste has offered to be the lead in enforcing the provisions of the service requirement for commercial and multi-family generators, like past MRO enforcement. StopWaste will also assist in providing education and outreach to commercial and 308 Page 4 of 5 multi-family generators on behalf of the City. The City, in coordination with the City’s franchise waste hauler, Amador Valley Industries (AVI), will be responsible for enforcing this requirement for single-family households.WaiversSB 1383 allows a jurisdiction to issue waivers for the above collection service requirements including de minimis and space constraint waiver options for commercial and multi-family generators. A waiver process is outlined in the ORRO that would allow StopWaste in coordination with the City to issue waivers. StopWaste would review and issue waivers and provide all necessary data to the City that is required to be reported annually to CalRecycle. Waivers are in effect for five years, at which time a re-verification process must occur for a waiver to be re-authorized. Edible Food RecoveryJurisdictions must establish an enforcement program for commercial edible food generators and food recovery organizations to ensure that generators are recovering the maximum amount of edible food that would be otherwise disposed and confirm that generators have agreements in place with food recovery organizations to recover edible food. The Alameda County Department of Environmental Health (ACDEH) in collaboration with StopWaste have indicated they are willing to integrate edible food recovery education and compliance monitoring as part of their inspections of Regulated Food Facility entities on behalf of Alameda County cities. StopWaste is working with ACDEH to develop a model Memorandum of Understanding (MOU) that can be adopted by StopWaste member agencies to articulate responsibilities. StopWaste will also identify a countywide list of edible food generators and food recovery organizations and will implement the required edible food recovery capacity study to assess the capacity and infrastructure within Alameda County to recover edible food. Until the MOU is finalized, the City would enforce portions of this requirement.Self-HaulAll single-family residential generators must be subscribed to three-stream waste collection services provided by AVI by January 1, 2022. This requirement does not preclude a resident from self-hauling materials from their residences to a transfer station as long as they also have the required subscription to service. For commercial generators, SB 1383 allows self-haul or back-haul under specific criteria. The ORRO delineates a certification process that would allow for commercial generators to apply for a certification allowing for self-haul or back-haul if they meet requirements outlined by SB 1383. StopWaste would act on behalf of the City and review the applications, approvecertifications, monitor for compliance, and provide all necessary data to the City that is required to be reported annually to CalRecycle. Conforming Amendments to Municipal Code Chapter 5.32To ensure consistency between the Municipal Code and the ORRO, conforming amendments to Municipal Code Chapter 5.32 are required. Amendments include edits to the title of the chapter from “Solid Waste Management” to “Discarded Materials Management,” additions and 309 Page 5 of 5 clarifications to definitions, and revisions to collection contract language to be consistent with the franchise agreement.Next StepsIn addition to the ORRO and the conforming amendments to the Dublin Municipal Code, the steps outlined below will be taken to continue implementation of SB 1383. Memorandum of Understanding with ACDEH. Once StopWaste finalizes the MOU template with ACDEH, the City will enter into a MOU to authorize ACDEH as the enforcement agency for Sections 7,8, 11, and 12 of the ORRO. Collection Services Agreement Amendments and Future Municipal Code Amendments. Staff is currently negotiating with AVI to ensure SB 1383 regulations are included in the collection services agreement. Staff expects to bring amendments to Dublin Municipal Code Chapter 5.32 and Chapter 7.98 (Solid Waste and Recycling Enclosure Standards) to City Council for consideration along with an amended collection services agreement. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:A public hearing notice was posted in the East Bay Times on November 2, 2021, and the City Council Agenda was posted. ATTACHMENTS:1) Ordinance Opting in to the Alameda County Waste Management Authority Organics Reduction and Recycling Ordinance and Amending Chapter 5.32 of the Dublin Municipal Code2) Exhibit A to the Ordinance – Alameda County Waste Management Authority Organics Reduction and Recycling Ordinance 3) Exhibit B to the Ordinance - Enforcement Agency Authorization4) Exhibit C to the Ordinance - Amending Chapter 5.32 of the Dublin Municipal Code 5) May 4, 2021 City Council Staff Report on Senate Bill 1383, Short-Lived Climate Pollutants Requirements (without attachments)6) Resolution No. 73-19 to Opt-in to the Alameda County Waste Management Authority Mandatory Recycling Ordinance Phase II 310 Attachment 1 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 3 ORDINANCE NO. XX – 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN OPTING IN TO THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY ORGANICS REDUCTION AND RECYCLING ORDINANCE AND AMENDING CHAPTER 5.32 OF THE DUBLIN MUNICIPAL CODE WHEREAS,the purpose of this Ordinance is to comply with certain state laws requiring cities, counties, and special districts providing solid waste collection services to adopt ordinances and take other measures to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators, more specifically the Short- Lived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the “SB 1383 Regulations”); and WHEREAS,the City of Dublin (“City”) is a member of the Alameda County Waste Management Authority (“WMA”). The WMA is a joint powers agency comprised of all the cities in Alameda County, the County, and two sanitary districts; and WHEREAS,the SB 1383 Regulations require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism applicable to residents and businesses generating or processing solid waste to implement relevant provisions of the SB 1383 Regulations. In response to this mandate, the WMA’s member agencies requested that it adopt an ordinance to establish a uniform and comprehensive countywide system to establish the local regulations required by the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations; and WHEREAS,on July 28, 2021, the WMA adopted the Organics Reduction and Recycling Ordinance (“ORRO”), Ordinance 2021-02, attached hereto as Exhibit A. In order for the ORRO to apply in the City, the City must adopt an ordinance declaring that the ORRO will apply within the City of Dublin; and WHEREAS,the City wishes the ORRO to apply within the City of Dublin; and WHEREAS,the ORRO provides jurisdictions with the option to grant enforcement authority over various of its provisions to agencies specified in the ORRO; and WHEREAS,the SB 1383 Regulations also require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism concerning the CALGreen Building Standards, the Model Water Efficient Landscape Ordinance and Procurement of Recovered Organic Waste Products. These requirements are addressed in Dublin Municipal Code Chapter 7.94 Green Building, Chapter 8.88 Water-Efficient Landscaping Regulations and the City of Dublin Operational Guidelines for Green Building Requirements and Green Practices; and 311 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 3 WHEREAS, with the new SB 1383 Regulations and ORRO requirements conforming amendments are needed in Dublin Municipal Code Chapter 5.32. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1.California Environmental Quality Act.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 except for provisions which maintain the already established requirements of the WMA Ordinance Requiring Actions to Reduce Landfilling of Recyclable and Organic Solid Wastes from Businesses, Multifamily Residences, and Self-Haulers (Ordinance 2012-1; also known as the Mandatory Recycling Ordinance) which currently apply in the City of Dublin, 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 City of Dublin’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. On a separate and independent basis, the Ordinance is exempt from CEQA pursuant to Section 15308, Class 8 of the CEQA Guidelines of 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. There are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment Section 2. Adoption by Reference.The ORRO is adopted by reference as set forth in Exhibit A.The adoption by reference of the ORRO is for opting in purposes only and shall not be codified into the Dublin Municipal Code. Section 3. Enforcement Agency Authorization. (a)The WMA and the Alameda County Department of Environmental Health (ACDEH) are authorized and designated to carry out the responsibilities specified in Exhibit B to this ordinance effective January 1, 2022, subject to agreement from each of them to do so. The City Manager is authorized to enter agreements to implement these authorizations and designations. (b)The authorizations and designations above do not limit the City’s authority to independently carry out some or all of the responsibilities designated above. The City retains full authority to implement and enforce the ORRO. (c)The City Council may, by resolution, modify Exhibit B and may authorize and designate other entities to carry out responsibilities under this ordinance and no amendment of this ordinance shall be required. Section 4. Severance Clause.The City Council of the City of Dublin declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub- paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council of the City of Dublin declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. 312 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 3 Section 5.To ensure consistency between the Dublin Municipal Code and the ORRO, conforming amendments are incorporated in Dublin Municipal Code (DMC) Chapter 5.32 as set forth in Exhibit C. Section 6. Effective Date.This Ordinance shall take effect and be enforced 30 days following its final adoption. Section 7. Posting.The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 7th day of December 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 313 ORDINANCE 2021-02 ORGANICS REDUCTION AND RECYCLING ORDINANCE TABLE OF CONTENTS SECTION 1. PURPOSE AND FINDINGS ............................................................................. 1 SECTION 2. TITLE OF ORDINANCE .................................................................................. 4 SECTION 3. DEFINITIONS .................................................................................................. 4 SECTION 4. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS .......................... 14 SECTION 5. REQUIREMENTS FOR COMMERCIAL BUSINESS GENERATORS INCLUDING MULTI-FAMILY RESIDENTIAL DWELLINGS .............................................. 15 SECTION 6. WAIVERS FOR COMMERCIAL BUSINESS GENERATORS ....................... 18 SECTION 7. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS .... 19 SECTION 8. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES ......................................................................................................................... 21 SECTION 9. REQUIREMENTS FOR REGULATED HAULERS AND FACILITY OPERATORS ..................................................................................................................... 23 SECTION 10. REQUIREMENTS FOR SELF-HAULERS ................................................... 25 SECTION 11. INSPECTIONS AND INVESTIGATIONS ..................................................... 26 SECTION 12. ENFORCEMENT ......................................................................................... 27 SECTION 13. LOCAL REGULATION AND OPT-OUT AND OPT-IN PROVISIONS……….30 SECTION 14. SEVERABILITY…………………………………………………………..……….30 SECTION 15. EFFECTIVE DATE AND REPEAL OF ORDINANCE 2012-1 ...................... 31 Attachment 2 314 ORDINANCE 2021-01: ORGANICS REDUCTION AND RECYCLING ORDINANCE The Board of the Alameda County Waste Management Authority (“WMA”) hereby ordains as follows: SECTION 1. PURPOSE AND FINDINGS (a)The purpose of this Ordinance is to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators. This Ordinance repeals WMA Ordinance 2012-1 (An Ordinance Requiring Actions to Reduce Landfilling of Recyclable and Organic Solid Wastes from Businesses, Multifamily Residences, and Self-Haulers) in its entirety in order to provide a single and comprehensive framework to achieve its purposes and comply with various state laws as set forth below. (b)The WMA has the power to enact this Ordinance pursuant to the Joint Exercise of Powers Agreement for Waste Management (“JPA”). The JPA grants the WMA the power, duty, and responsibility to prepare, adopt, revise, amend, administer, enforce, and implement the Countywide Integrated Waste Management Plan (“ColWMP”), and pursuant to Section 5.m of the JPA, the power to adopt ordinances necessary to carry out the purposes of the JPA. (c)The reduction of organic and recyclable materials deposited in landfills is necessary to carry out the purposes of the JPA and implement the ColWMP, including the following goals and objectives: •Goal 1 is to “maintain adequate disposal capacity and minimize landfill impacts.” Objectives 1.1 and 1.3 prioritize preserving landfill capacity in the short run through reducing landfilled materials, and aim to ultimately eliminate landfills altogether, through elimination of waste and effective recovery of materials. •Goal 2 is to “maximize environmental benefits by balancing high volume of recovery with related considerations such as quality of commodities, operating impacts of facilities, and other environmental impacts of programs.” Objectives 2.1 to 2.5 affirm the need for infrastructure to manage diversion of organics, minimize environmental impacts of infrastructure, support markets for recovered materials, and reduce contamination. •Goal 3 is to “shift from managing discards to reducing consumption, managing materials at their highest and best use, and addressing environmental impacts across the full life cycle of materials and products.” 315 Objectives 3.1 and 3.2 prioritize managing materials at their highest and best use and prioritize incorporating climate impacts into WMA programs. •Goal 4 is to “inform and engage the public in waste reduction activities.” Objectives 4.2 and 4.3 provide for education of Alameda County residents, schools and businesses and emphasize the need for the public to take action and adopt positive waste reduction habits. •Goal 5 is to “develop and administer programs and address emerging issues in partnership with member agencies, the private sector, and other key stakeholders.” Objective 5.1 identifies the need for organizational structures that foster inter-jurisdictional cooperation. (d)State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (approved by the Governor of the State of California on September 29, 1989, which among other things, added Division 30 (Section 40000, et seq.) to the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. (e)State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling service and requires jurisdictions to implement a Mandatory Commercial Recycling program. (f)State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of Solid Waste, recycling, and Organic Waste per week to arrange for recycling service for those materials, requires counties and cities to implement a recycling program to divert Organic Waste from businesses subject to the law, and to implement a Mandatory Commercial Organics Recycling program. (g)State organics recycling law, Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016 (approved by the Governor of the State of 316 California on September 19, 2016, which added Sections 39730.5, 39730.6, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), took effect on January 1, 2017 and sets Statewide Organic Waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, based on the 2014 organics waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code, and requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The SB 1383 Regulations place requirements on multiple entities, including counties, cities, residential households, Commercial Businesses (including Multi-Family Residential Dwellings), Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of statewide Organic Waste disposal reduction targets with compliance required beginning January 1, 2022. (h) In furtherance of the food recovery objectives of the laws noted above and to reduce legal risks associated with food recovery, the State food donation law, Assembly Bill 1219 of 2017, the California Good Samaritan Food Donation Act of 2017 (approved by the Governor of the State of California on October 9, 2017, which amended Section 1714.25 of the Civil Code, amended Section 58502 of, and repealed Section 58506 of, the Food and Agricultural Code, and amended Sections 114432, 114433, and 114434 of, and added Section 114435 to, the Health and Safety Code, as amended, supplemented, superseded and replaced from time to time), provides additional protections for entities that donate and distribute food for human consumption. (i) By January 1, 2022, the SB 1383 Regulations require jurisidictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations. (j) It is in the public interest for participants in the Alameda County solid waste and recycling systems—including cities, the County, sanitary districts, haulers, processors, facility operators, businesses, institutions, the public, and the WMA— to work together to advance the goals in the state legislation noted above, as well as those in the ColWMP. (k) 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 except for provisions which maintain the already established requirements of the WMA’s Ordinance Requiring Actions to Reduce Landfilling of Recyclable and Organic Solid Wastes from Businesses, Multifamily Residences, and Self-Haulers (Ordinance 2012-1; also known as the Mandatory Recycling Ordinance), the activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations and that EIR. 317 No mitigation measures identified in the EIR are applicable to WMA’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 Environmantal 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. On a separate and independent basis, the Ordinance is exempt from CEQA pursuant to Section 15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment SECTION 2. TITLE OF ORDINANCE This Ordinance is titled “Organics Reduction and Recycling Ordinance”. SECTION 3. DEFINITIONS The following definitions govern the use of terms in this Ordinance: (a)“Alameda County” means all of the geographical areas located within the incorporated and unincorporated areas of Alameda County whereas “County of Alameda” or “County” refers to the public entity, a body corporate and politic of the State of California. (b) “Back-Haul” means generating and transporting Organic Waste to a destination owned and operated by a generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). (c)“C&D” means construction and demolition debris. (d)“CalRecycle” means California's Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations. (e)“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (f) “Certification of Recycling Service Form” means documentation certifying that a Commercial Business does not subscribe to collection services for Compost Containers and/or Recycling Containers because the Commercial Business has arranged for collection of its Source Separated Compost Container Organic Waste and/or Source Separated Recyclable Materials by self-hauling, Back-Haul, 318 contracting with a third party hauler, or shares service with another Commercial Business. (g)“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, institution or association (whether incorporated or unincorporated or 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). (h)“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein or as otherwise 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). (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 by 14 CCR Section 18982(a)(8). (j)“Compliance Review” means a review of records by the Enforcement Agency to evaluate compliance with this Ordinance. (k)“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Waste that is Source Separated from the municipal Solid Waste stream, or which is separated at a centralized facility. (l)“Compost Container” has the same meaning as “Green Container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Compost Container Organic Waste. (m)“Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 and D6868 standards for compostability and are certified by the Biodegradable Products Institute (BPI) or similar third-party approved by the WMA, and are approved by the Member Agency for placement in the Compost Container. (n) “Container Contamination” or “Contaminated Container” means a container, regardless of type, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). (o)“Designee” means an entity that the WMA or a Member Agency contracts with or otherwise arranges to carry out or assist with any of the WMA’s or Member Agency’s responsibilities for compliance with the SB 1383 Regulations or 319 administration or enforcement of this Ordinance. A Designee may be a government entity, 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 Ordinance 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 Ordinance 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, as codified in the Health and Safety Code Section 113700, et seq. (q) “Enforcement Action" means an action of the relevant Enforcement Agency to address non-compliance with this Ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (r) “Enforcement Agency” means an entity with the authority to enforce part or all of this Ordinance as specified herein. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this Ordinance. Nothing in this Ordinance authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity. (s) “Excluded Waste” means hazardous substances, 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 a Member Agency 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 reasonable opinion of the Member Agency or a Regulated Hauler operating in that Member Agency’s jurisdiction would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the Member Agency or a Regulated Hauler to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the Member Agency’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the Member Agency or the Regulated Hauler providing service to the generator. 320 (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 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 Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Ordinance. (x) “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 Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (y) “Food Scraps” means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. (z) “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). 321 (aa) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza boxes, and is approved by the applicable the Member Agency for placement in the Compost Container. (bb) “Food W aste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics in combination or separately. (cc) “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). (dd) “Hauler Route” means the designated itinerary or sequence of stops for each segment of a Member Agency’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). (ee) “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code. (ff) “High Diversion Organic W aste 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). (gg) “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code. (hh) “Inspection” means an Enforcement Agency’s electronic or on-site review of 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 Ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). (ii) “Landfill Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Landfill Container Waste. (jj) “Landfill Container Waste” means Solid Waste that is collected in a Landfill Container that is part of a three-container or three-plus container collection service that prohibits the placement of Organic Waste in the Landfill Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 322 17402(a)(6.5). (Three container collection service refers to service collecting materials in Landfill Containers, Organics Containers, and Recycling Containers.) (kk) “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. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Ordinance. For the purposes of this definition of Large Event, “local agency” means all public agencies except those that are not subject to the regulatory authority of the Member Agency. (ll) “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. For purposes of this Ordinance 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 Ordinance 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Ordinance. (mm) “Member Agency” means a party to the JPA. Current member agencies are the County of Alameda; the Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City; and the Castro Valley and Oro Loma Sanitary Districts. A reference to a Member Agency means the Member Agency within whose boundaries the regulated Organic Waste Generator, Self-Hauler, Regulated Hauler, Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity resides or operates. The Member Agency boundaries for the purpose of administering and enforcing this Ordinance are: (1) The legal boundaries of each of the 14 incorporated municipalities within Alameda County, except those portions of the Cities of Hayward and San Leandro that are within the boundaries of the Oro Loma Sanitary District. (2) The legal boundaries of each of the Castro Valley and Oro Loma Sanitary Districts. (3) The unincorporated sections of the County not included within the above. 323 (nn) “Mixed W aste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5). (oo) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five or more dwelling units. Multi-Family premises are considered a distinct type of Commerical Business for the purposes of implementing this Ordinance. Consistent with the SB 1383 Regulations, residential premises that consist of fewer than five units are not “Multi-Family” and instead are “Single-Family” for the purposes of implementing this Ordinance. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered other types of Commercial Businesses. (pp) “Non-Compostable Paper” includes, but is not limited to, paper that is coated, lined or treated with a non-compostable material, or otherwise unacceptable to the compostable materials handling facility processing the material. (qq) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable materials including but not limited to recyclable food and beverage glass containers, metal (aluminum and steel) food and beverage cans, HDPE (high density polyethylene) bottles and PET (polyethylene terephthalate) bottles, and other materials specified in 14 CCR Section 18982(a)(43). (rr) “Notice of Violation” 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. (ss) “Organic W aste” 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). (tt) “Organic W aste Generator” 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). (uu) “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). (vv) “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever, or as otherwise defined in Public Resources Code Section 40170. 324 (ww) “Printing and W riting Paper” 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 writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). (xx) “Prohibited Container Contaminants” includes all of the following: (i) materials placed in the Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the Member Agency’s Recycling Container; (ii) materials placed in the Compost Container that are not identified as acceptable Source Separated Compost Container Organic Waste for the Member Agency’s Compost Container; (iii) materials placed in the Landfill Container that are acceptable Source Separated Recyclable Materials and/or acceptable Source Separated Compost Container Organic Waste that can be placed in the Member Agency’s Compost Container and/or Recycling Container; and, (iv) Excluded Waste placed in any container. (yy) “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). (zz) “Recycling Container” has the same meaning as “Blue Container” in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials and Source Separated Recycling Container Organic Waste. (aaa) “Regulated Hauler” means a Person that collects Solid Waste (other than Solid Waste generated by a permitted building project) originating in Alameda County from Compost Containers, Recycling Containers, and/or Landfill Containers, and does so under a contract, franchise agreement, or permit with the WMA or a Member Agency. A Member Agency that collects Solid Waste within its boundaries is not a Regulated Hauler with respect to that collection. (bbb) “Remote Monitoring” means the use of mechanical or electronic devices to identify the types of materials in Recycling Containers, Compost Containers, and/or Landfill Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. (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 or electronic Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). 325 (eee) “SB 1383” means Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016. (fff) “SB 1383 Regulations” means or refers to, for the purposes of this Ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (ggg) “Self-Hauler” means a Person, who hauls Solid Waste, Organic Waste or recyclable material they have generated to another Person for disposition as allowed by the Member Agency and otherwise in accordance with all applicable laws. Self-Hauler also includes a Person who Back-Hauls such materials, and as otherwise defined in 14 CCR Section 18982(a)(66). (hhh) “Single-Family” means, for purposes of this Ordinance, of, from, or pertaining to any residential premises with fewer than five units. (iii) “Solid Waste” has the same meaning as defined in Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: (1) Hazardous waste, as defined in the Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in 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 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 Ordinance, 326 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 Landfill Container Waste or other Solid Waste for the purposes of collection and processing. (kkk) “Source Separated Compost Container Organic Waste” means Source Separated Organic Waste that can be placed in a Compost Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Recycling Container Organic Waste, carpets, Non- Compostable Paper, and textiles. (lll)“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Recycling Container Organic Waste. (mmm)“Source Separated Recycling Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Recycling Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables, as defined herein or as otherwise defined in Sections 18982(a)(43) and 18982(a)(46). Source Separated Recycling Container Organic Waste shall include materials as determined by the Member Agency and includes unsoiled Paper Products and Printing and Writing Paper. (nnn) “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). (ooo)“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: (1)Supermarket. (2)Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3)Food Service Provider. (4)Food Distributor. (5)Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Ordinance. (ppp) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: 327 (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. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition as to entities subject to the regulatory authority of a Member Agency, the definition in 14 CCR Section 18982(a)(74) shall apply to this Ordinance. (qqq) “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). (rrr) “WMA” means the Alameda County Waste Management Authority. SECTION 4. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS Except Single-Family Organic Waste Generators that meet the Self-Hauler requirements in Section 10 of this Ordinance and/or that are located in a census tract for which CalRecycle has issued a low population waiver (as described in 14 CCR Section 18984.12), Single-Family generators shall: (a) Be subscribed to the collection service(s) approved by the Member Agency for Compost Containers, Recycling Containers, and Landfill Containers. A Member Agency shall have the right to review the number and size of a generator’s containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation of materials and containment of materials. A Single-Family generator shall adjust its service level for its collection services as requested by the Member Agency in order to meet the standards set forth in this Ordinance. Generators may 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) to the extent permitted by other applicable laws. (b) Participate in the Organic Waste collection service(s) approved by the Member Agency by placing designated materials in designated containers as described below, and not placing Prohibited Container Contaminants in collection containers. Generator shall place Source Separated Compost Container Organic Waste, 328 including Food Waste, in the Compost Container; Source Separated Recyclable Materials in the Recycling Container; and Landfill Container Waste in the Landfill Container. Generators shall not place materials designated for the Landfill Container into the Compost Container or the Recycling Container. (c) The Enforcement Agency for the provisions of this Section 4 is the Member Agency and any other Designee of the Member Agency. SECTION 5. REQUIREMENTS FOR COMMERCIAL BUSINESS GENERATORS INCLUDING MULTI-FAMILY RESIDENTIAL DWELLINGS Commerical Business Organic Waste Generators, including Multi-Family Residential Dwellings, shall: (a) Except Commercial Businesses that meet the Self-Hauler requirements in Section 10 of this Ordinance, or that meet waiver requirements in Section 6 of this Ordinance, or that are located in a census tract for which CalRecycle has issued a low population waiver (as described in 14 CCR Section 18984.12): (1) Be subscribed to collection service(s) approved by the Member Agency for Compost Containers, Recycling Containers, and Landfill Containers and comply with requirements of those services as described below. A Member Agency 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 Member Agency. (2) Participate in collection services approved by the Member Agency for Organic Waste collection service(s) by placing designated materials in designated containers as described below. Generator shall place Source Separated Compost Container Organic Waste, including Food Waste, in the Compost Container; Source Separated Recyclable Materials in the Recycling Container; and Landfill Container Waste in the Landfill Container. Generator shall not place materials designated for the Landfill Container into the Compost Container or Recycling Container. (b) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 5(c)(1), 5(c)(2), and 5(d) below) for employees, contractors, tenants, and customers, consistent with the Recycling Container, Compost Container, and Landfill Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 10. 329 (c) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials generated by that business in all areas where the Commercial Business provides disposal containers for employees, contractors, tenants, customers and other users of the premises (“User Disposal Containers”). Such User Disposal Containers do not need to be provided in restrooms. If a Commercial Business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of User Disposal Container, then the business does not have to provide that particular type of container in all areas where User Disposal Containers are provided. Pursuant to 14 CCR Section 18984.9(b), the User Disposal Containers provided by the business shall have either: (1) A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for Landfill Container Waste, blue containers for Source Separated Recyclable Materials, and green containers for Source Separated Compost Container Organic Waste. Notwithstanding the foregoing, a Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Section 5(c)(1) 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 materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (d) For Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials in all common areas where those materials are being generated and disposal containers are provided for tenants, and in areas for internal consolidation of materials that are later deposited in Organics Containers, Recycling Containers, and Landfill Containers for collection by Regulated Haulers. Such containers do not need to be provided in restrooms accessible from common areas of the Multi-Family Dwelling. Such containers shall comply with the color and labeling requirements specified in subsections (c)(1) and (c)(2) above. (e) 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 the Recycling Container, Compost Container, and Landfill Container collection service or, if self-hauling, per the Commercial Businesses’ 330 instructions to support its compliance with its self-haul program, in accordance with Section 10. (f) Periodically inspect Recycling Containers, Compost Containers, and Landfill 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). (g) Annually provide information to employees, contractors, tenants, building residents, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials. (h) Provide information before or within fourteen days of new occupation of the premises to new tenants and no less than fourteen days before tenants move out of the premises, unless a tenant does not provide fourteen or more days’ notice to before moving out, that describes requirements to keep Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials separate from each other and from Landfill Container Waste and the location of containers and the rules governing their use at the property. (i) Provide or arrange access for the Enforcement Agency to their properties during all Inspections conducted in connection with this Ordinance and timely provide documents requested by the Enforcement Agency to confirm compliance with the requirements of this Ordinance. (j) Accommodate and cooperate with any Remote Monitoring program established by a Regulated Hauler or a Member Agency for Inspection of the types of materials placed in containers for Prohibited Container Contaminants to evaluate generator’s compliance with Section 5(a)(1). (k) At Commercial Business’ option and subject to approval by the Enforcement Agency, implement its own Remote Monitoring program for self-inspection of the types of materials placed in Recycling Containers, Compost Containers, and Landfill Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Purchase and maintenance of the Remote Monitoring program shall be the responsibility of the Commercial Business. (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) to the extent permitted by other applicable laws. (m) The Enforcement Agency for the provisions of this Section 5 is the Member Agency and, if authorized by the Member Agency, the WMA, and any other Designee of the Member Agency. 331 SECTION 6. WAIVERS FOR COMMERCIAL BUSINESS GENERATORS (a) De Minimis Waivers. Except for Multi-Family Residential Dwellings, the Enforcement Agency may waive a Commercial Business’ obligation to comply with some or all of the Organic Waste collection service requirements of this Ordinance if the Commercial Business provides documentation demonstrating that the business generates below a certain amount of Organic Waste material, as described in Section 6(a)(2) below. A Commercial Business requesting a de minimis waiver shall: (1) Submit an application to the Enforcement Agency specifying the service or requirements for which it is requesting a waiver. (2) Provide documentation with the application 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 Recycling Container or Compost 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 Recycling Container or Compost Container comprises less than 10 gallons per week per applicable container of the business’ total waste. (C) For the purposes of subsections (A) and (B) above, total Solid Waste shall be the sum of weekly Landfill Container Waste, Source Separated Recyclable Materials, and Source Separated Compost Container Organic Waste measured in cubic yards. (3) If the waiver is granted, notify the Enforcement Agency granting the waiver if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case the waiver will be rescinded. (4) If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the Enforcement Agency every 5 years. (b) Physical Space Waivers. The Enforcement Agency may waive a Commercial Business’ or property owner’s (including a Multi-Family Residential Dwelling’s) obligation to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements of this Ordinance if the Enforcement Agency has evidence from a Regulated Hauler, licensed architect, licensed engineer, or other Person authorized by the Enforcement Agency demonstrating that the 332 premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 5. A Commercial Business requesting a physical space waiver shall: (1) Submit an application to the Enforcement Agency specifying the service or requirements for which it is requesting a waiver. (2) Provide documentation with the application that the premises lacks adequate space for Recycling Containers and/or Compost Containers, which shall include documentation from its Regulated Hauler, licensed architect, licensed engineer, or other Person authorized by the Enforcement Agency. (3) If the waiver is granted, notify the Enforcement Agency granting the waiver if the Commercial Business’ physical space configurations or amounts of Solid Waste generation change, in which case the waiver may be rescinded. (4) If the waiver is granted, provide written verification to the Enforcement Agency of continued eligibility for a physical space waiver every five years. (c) Collection Frequency Waiver. The Enforcement Agency, 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 Member Agency’s three- or, if relevant, three-plus container Organic Waste collection service to arrange for the collection of their Recycling Container, Landfill Container, or both once every fourteen days, rather than once per week. (d) The Enforcement Agency for the provisions of this Section 6 is the Member Agency and, if authorized by the Member Agency, the WMA, and any other Designee of the Member Agency. SECTION 7. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 7 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or such later deadline established by State law or regulations. (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 or such later deadline established by State law or regulations. (c) Commercial Edible Food Generators shall comply with the following requirements: 333 (1) Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed. (2) Enter into a contract or other written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection for Food Recovery of Edible Food that would otherwise be disposed; or, (ii) acceptance of Edible Food that would otherwise be disposed that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Use best efforts to abide by all contractual or written agreement requirements specified by the Food Recovery Organization or Food Recovery Service on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed or transported to the Food Recovery Organization or Service. (4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code. (5) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (6) Allow the Enforcement Agency to review records upon request, including by providing electronic copies or allowing access to the premises, pursuant to 14 CCR Section 18991.4. (7) 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 and written agreements established under 14 CCR Section 18991.3(b) and/or this Ordinance. (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. 334 (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 it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services pursuant to Section 7(c)(2), a record that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate. (8) Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators shall provide, upon request, a Food Recovery report to the Enforcement Agency that includes the information in Section 7(c)(7). Entities shall provide the requested information within 60 days of the request. (d) Nothing in this Ordinance shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 commencing with Section 49580 to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time); or (2) otherwise applicable food safety and handling laws and regulations. (e) Nothing in this Ordinance prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a). (f) The Enforcement Agency for the provisions of this Section 7 is the Member Agency and, if authorized by the applicable Member Agency, the WMA, and any other Designee of the Member Agency. SECTION 8. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES (a) Nothing in this Ordinance prohibits a Food Recovery Service or Food Recovery Organization from refusing to accept edible food from a Commercial Edible Food Generator, in accordance with 14 CCR Section 18990.2(d). (b) 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): 335 (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. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people. (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. (c) 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. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people. (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in Alameda County 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 WMA the total pounds of Edible Food recovered 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) according to the following schedule: (i) no later than August 15, 2022, submit an initial report covering the period of January 1, 2022 to June 30, 2022; and (ii) no later than March 31, 2023, and no later than every March 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year. (e) In order to support Edible Food Recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating in Alameda County shall provide, upon request, information and 336 consultation to the Enforcement Agency regarding existing, or proposed new or expanded, Food Recovery capacity in a form that can be provided to or that can be accessed by the WMA, Member Agencies, and Commercial Edible Food Generators in Alameda County. A Food Recovery Service or Food Recovery Organization contacted by the Enforcement Agency shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Enforcement Agency. (f) The Enforcement Agency for the provisions of this Section 8 is Member Agency and, if authorized by the Member Agency, the WMA and any other Designee of the Member Agency. SECTION 9. REQUIREMENTS FOR REGULATED HAULERS AND FACILITY OPERATORS (a) Requirements for Regulated Haulers. (1) A Regulated Hauler providing Single-Family, Commercial, or industrial Organic Waste collection service to generators within Alameda County shall meet the following requirements and standards in connection with collection of Organic Waste: (A) Through written notice to the Member Agency annually on or before March 31, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Compost Container Organic Waste. (B) Transport Source Separated Recyclable Materials to a facility that recycles those materials and transport Source Separated Compost Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (C) Obtain approval from the Member Agency to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 13 of this Ordinance, and any WMA and Member Agency rules. (2) Within the boundaries of any Member Agency in which it has customers, a Regulated Hauler collecting Organic Waste shall: (A) Up to four times per year, provide reports to the WMA and Member Agency on Commercial Business account information and service levels in a form to be specified by the WMA. 337 (B)Assist in the dissemination of SB 1383 educational materials to Single-Family and Commerical Business accounts. . (C) At least annually and during new staff on-boarding, train Regulated Hauler’s customer service representatives and account managers/recycling coordinators serving Organic Waste Generators in Alameda County on the generator requirements set forth in Sections 4 and 5 of this Ordinance, SB 1383 Regulations as they may be revised from time to time and on resources available to assist in compliance. Trainings may be in a virtual or in-person format. (D)Where a Regulated Hauler provides Landfill Container collection service, notify Single-Family and Commercial Business accounts that (i) they must also be subscribed to Recycling Container collection service and Compost Container collection service to comply with this Ordinance, except if an applicable waiver has been granted for the account, if an applicable waiver application has been submitted and is under review for the account, or if the account has an approved Certification of Recycling Service Form and (ii) that the Regulated Hauler will inform the Member Agency if the account fails to subscribe to a required collection service offered by the Regulated Hauler. (E)Provide quarterly reports to the WMA identifying Single-Family and Commercial accounts that are subscribed to Landfill Container collection service but that are not subscribed to Recycling Container and/or Compost Container collection service. WMA shall provide this information to the Member Agency. If a Regulated Hauler providing Landfill Container collection service does not offer Recycling Container Collection Service and/or Compost Container collection service to its Landfill Container collection service customers, the requirements of subsection (D) and (E) shall not apply with respect to those customers and the type(s) of service that is not offered. (F)Conduct or comply with Container Contamination minimization efforts such as Route Reviews or waste evaluations. Inform generators when Container Contamination is observed by the Regulated Hauler. (G) If requested by the Enforcement Agency, assist generators with verification of physical space constraints when generator submits an application for a physical space waiver. (H)Provide Commercial Business accounts with interactive assistance such as employee trainings, in a virtual or in-person format, when Recycling Container collection service or Composting Container collection service is added, or upon request. 338 (3) The Enforcement Agency for the provisions of this Section 9(a) is the Member Agency and, where authorized by the Member Agency, the WMA, and any other Designee of the Member Agency. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon request from the WMA, provide within 60 days information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. (2) Community Composting operators shall, upon request from the WMA, provide within 60 days information 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. (3) The Enforcement Agency for the provisions of this Section 9(b) is the WMA and any Designee of the WMA. SECTION 10. REQUIREMENTS FOR SELF-HAULERS (a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that the Member Agency otherwise requires generators to separate for collection in the Member Agency’s organics and recycling collection program) generated or handled on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Compost 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. Self-Haulers may Back-haul to a destination owned and operated by the generator using the generator’s own employees and equipment and then haul those consolidated materials to facilities meeting the requirements of this subsection (b). (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers 339 Organic Waste; this record shall be subject to Inspection by the Enforcement Agency. The records shall include the following information: (1) Delivery receipts and weight tickets from the entity accepting the material. (2) The amount of material in cubic yards or tons transported by the generator to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self- Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. (d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall submit a Certification of Recycling Service Form to the Enforcement Agency for review for compliance if they do not also subscribe to separate collection service for Compost Containers and/or Recycling Containers by a Regulated Hauler. Applications will be considered for approval to the extent permitted by other applicable laws. (e) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall submit a new Certification of Recycling Service Form to the Enforcement Agency for compliance review every five years, if they do not also subscribe to separate collection service for Compost Containers and/or Recycling Containers by a Regulated Hauler. (f) Self-Haulers shall notify the Enforcement Agency if they subscribe to separate collection service for Compost Containers and/or Recycling Containers by a Regulated Hauler, such that they are no longer Self-Haulers. (g) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information, upon request, collected in Section 10(c) to the Enforcement Agency. Entities shall provide the requested information within 60 days. (h) A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Sections 10(c) through (g). (i) The Enforcement Agency for the provisions of this Section 10 is the Member Agency and, where authorized by the Member Agency, the WMA, and any other Designee of the Member Agency. SECTION 11. INSPECTIONS AND INVESTIGATIONS (a) The Enforcement Agency is authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or 340 transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with the provisions of this Ordinance for which it has enforcement authority by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), Commercial Edible Food Generators, Regulated Haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow entry in a private residential dwelling unit for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Section 5(b) of this Ordinance, the Enforcement Agency may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 5(j) of this Ordinance. (b)A Person subject to the requirements of this Ordinance shall provide or arrange for access during all Inspections (with the exception of a private residential dwelling unit) and shall cooperate with the Enforcement Agency during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, inspection of Edible Food Recovery activities, review of required records, or other verification or Inspection to confirm compliance with any other requirement of this Ordinance. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of Remote Monitoring equipment, if a Remote Monitoring program is adopted; or (iii) access to records for any Inspection or investigation is a violation of this Ordinance and may result in penalties described in Section 12. (c)Any records obtained by the Enforcement Agency during Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq. (d)The Enforcement Agency is 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 Enforcement Agency shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this Ordinance. (f)The Enforcement Agency for the provisions of this Section 11 is the Member Agency and any Designee authorized by the Member Agency to enforce one or more sections of this Ordinance. SECTION 12. ENFORCEMENT (a)Violation of any provision of this Ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Enforcement Agency. Enforcement Actions under this Ordinance are issuance of an administrative 341 citation and assessment of a fine. The Enforcement Agency’s procedures on imposition of administrative citations and fines as contained shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this Ordinance and any rule or regulation adopted pursuant to this Ordinance, except as otherwise indicated in this Ordinance. (b) Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The Enforcement Agency may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, and fines. The Enforcement Agency 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 Enforcement Agency staff and resources. (c) Process for Enforcement (1) The following provisions of this Ordinance may be enforced beginning on January 1, 2022: Section 5 concerning Requirements for Commercial Business Generators, Section 6 concerning Waivers for Commercial Business Generators, Section 9 concerning Requirements for Haulers and Facility Operators, Section 10 concerning Requirements for Self-Haulers, and Inspections related to compliance with those sections. (2) The following provisions of this Ordinance may be enforced beginning on January 1, 2024: Section 4 concerning Requirements for Single Family Generators, Section 7 concerning Requirements for Commercial Edible Food Generators, and Section 8 concerning Requirements for Food Recovery Organizations and Services, and Inspections related to compliance with those sections. (3) The Enforcement Agency will monitor compliance with this Ordinance through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). (4) The Enforcement Agency may issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. (5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the Enforcement Agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Enforcement Agency’s standard procedures. (d) Penalty Amounts for Violations The penalty levels are as follows: 342 (1) For a first violation, the amount of the penalty shall be $50 to $100 per violation or such higher amount as may be established by the Enforcement Agency. (2) For a second violation, the amount of the penalty shall be $100 to $200 per violation or such higher amount as may be established by the Enforcement Agency. (3) For a third or subsequent violation, the amount of the penalty shall be $250 to $500 per violation or such higher amount as may be established by the Enforcement Agency. (e) Compliance Deadline Extension Considerations The Enforcement Agency may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section 12 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 nature such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays not within the control of respondant or their agents in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Member Agency is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (f) Appeals Process Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed in the administrative citation and consistent with the Enforcement Agency’s appeal procedures. (g) Education Period for Non-Compliance With respect to provisions of this Ordinance subject to enforcement starting January 1, 2024, the Enforcement Agency will, prior to that date, conduct Inspections, Remote Monitoring (if such a program is implemented), Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the Enforcement Agency determines that Organic Waste Generator, Self -Hauler, Regulated Hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Ordinance and a notice 343 that compliance is required and that violations may be subject to administrative citations, penalties, or other remedies starting on January 1, 2024. (h) Civil Penalties for Non-Compliance If the Enforcement Agency determines that an Organic Waste Generator, Self- Hauler, Regulated Hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Ordinance, it may document the noncompliance or violation, issue a Notice of Violation, and/or take Enforcement Action pursuant to this Section 12, as needed and consistent with the enforcement commencement dates set forth in subsection (c)(1), above. (i) The Enforcement Agency for the provisions of this Section 12 is the Member Agency and any Designee authorized by the Member Agency to enforce one or more sections of this Ordinance. SECTION 13. LOCAL REGULATION AND OPT-IN PROVISIONS (a) Nothing in this Ordinance shall be construed to prohibit any Member Agency from enacting and enforcing ordinances and regulations regarding the collection, transport, storage, processing, and deposit in landfill(s) of Solid Waste within its jurisdiction, including more stringent requirements than those in this Ordinance. (b) This Ordinance shall apply only within the boundaries of Member Agencies that have adopted an ordinance declaring that the Member Agency is opting in to this Ordinance and that it shall apply within their jurisdiction. For any Member Agency that opts in, this Ordinance shall apply as to that Member Agency from the date specified in the ordinance adopted by the Member Agency. A Member Agency that has adopted such an ordinance may declare that this Ordinance no longer applies within its boundaries by adopting a subsequent ordinance setting forth the date upon which this Ordinance shall no longer apply. SECTION 14. SEVERABILITY If any provision of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such invalidity shall not affect the remaining provisions or application of the remaining provisions of this Ordinance, which can be given effect without the invalid provisions or application. 344 SECTION 15. EFFECTIVE DATE AND REPEAL OF ORDINANCE 2012-1 This Ordinance shall be posted at the WMA Office after its adoption by the Board for at least thirty (30) days and shall take effect commencing on January 1, 2022. The WMA’s Ordinance 2012-01 (An Ordinance Requiring Actions to Reduce Landfilling of Recyclable and Organic Solid Wastes from Businesses, Multifamily Residences, and Self-Haulers) is repealed as of the time that this Ordinance takes effect. Following introduction on June 23, 2021, passed and adopted July 28, 2021 by the following vote: AYES: Arkin, Carling, Cavenaugh, Cox, Hannon, Hernandez, Jordan, Kalb, Kassan, Lamnin, Martinez, Patiño, Sadoff, Spencer, Wengraf, Young NOES: None ABSTAIN: None ABSENT: Haubert I certify that under the penalty of perjury that the foregoing is a full, true and correct copy of Ordinance No. 2021-02. ____________________________ ARLISS DUNN CLERK OF THE BOARD 345 Attachment 3 Exhibit B Enforcement Agency Authorization The City of Dublin designates the Alameda County Department of Environmental Health (ACDEH) as an Enforcement Agency for Sections 7, 8, 11 and 12 of the ORRO subject to such terms and conditions as may be specified in the Memorandum of Understanding with the ACDECH. Without limiting the generality of the foregoing, the authority provided by this designation includes the authority to request information or conduct inspections to verify compliance with any of the above sections to support ACDEH’s enforcement activities. The City of Dublin designates the Waste Management Authority (WMA) as an Enforcement Agency for Sections 5, 6, 7, 8, 9(a)(2), 9(b), 10, 11, and 12 of the ORRO. Without limiting the generality of the foregoing, the authority provided by this designation includes the authority to request information or conduct inspections to verify compliance with any of the above sections to support WMA’s enforcement activities. ORRO Provision Enforcement Agency Authorization Section 5 – Requirements for Commercial Business Generators WMA Section 6 – Waivers for Commercial Business Generators WMA Section 7 – Requirements for Commercial Edible Food Generators WMA and ACDEH Section 8 – Requirements for Food Recovery Organizations and Services WMA and ACDEH Section 9(a)(2), 9(b) – Requirements for Regulated Haulers WMA Section 10 – Requirements for Self- Haulers WMA Section 11– Inspections and Investigations WMA and ACDEH Section 12 – Enforcement WMA and ACDEH 346 Attachment 4 Exhibit C Conforming Amendments to Chapter 5.32 of the Dublin Municipal Code In order to ensure consistency between the Dublin Municipal Code and the Organics Reduction and Recycling Ordinance, the following sections of the Dublin Municipal Code set forth below are amended or adopted as set forth below. Chapter 5.32 SOLID WASTE DISCARDED MATERIALS MANAGEMENT Article I. General Provisions 5.32.010 Title. This chapter may be referred to and cited as the “solid waste discarded materials management ordinance of the city of Dublin.” (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-100)) 5.32.020 Findings. The management of solid waste discarded materials is a matter of great importance to the city, and its citizens, visitors, property owners and businesses. The city has found that the public health, safety, and well-being require that the generation, accumulation, handling, collection, transportation, conversion and disposal of solid waste discarded materials be controlled and regulated by the city through the comprehensive system provided in this chapter. The establishment and maintenance of this system will benefit the city and all its citizens, visitors, property owners and businesses apart from and in addition to individual use. The system seeks to maintain a readily available solid waste discarded materials disposal service which the city wants to be reliable, clean, efficient and economical. The system will help to reduce the harboring and breeding of rodents and insects, to reduce the spread of disease, and to prevent pollution and other unsightly degradation of the environment. The comprehensive solid waste discarded materials management system provided in this chapter is found to be in the public interest. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-101)) 5.32.030 Purpose. The purpose and object of this chapter are to accomplish the foregoing results, and the provisions thereof shall be construed to give full effect to the accomplishment of such purpose and object. (Ord. 16-19 § 1 (part), 2019: Ord. 2- 86 § 2 (5-102)) 5.32.040 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: “Bin” means a container with capacity of approximately one (1) to seven (7) cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-loading collection vehicle. “Biohazardous or biomedical waste” means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves. 347 “Cart” means a plastic container with a hinged lid and wheels that is serviced by a collection vehicle. “Collection” means the removal and transportation of solid waste discarded materials by the collector from the place of delivery to a disposal facility approved under the collector’s agreement with the city or by a nonexclusive franchise. “Collector” means that person or business having an exclusive franchise agreement with the city granting to him them or it the exclusive privilege of collecting or causing to be collected or transported for a fee any solid waste discarded materials within the city or any portion thereof. “Commercial” or “commercial business” means a firm, partnership, proprietorship, joint-stock company, corporation, institution, or association (whether incorporated or unincorporated or for-profit or nonprofit), strip mall, industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6). “Commercial edible food generator” means tier one commercial edible food generators (as defined in 14 CCR Section 18982(a)(73)) and tier two commercial edible food generators (as defined in 14 CCR Section 18982(a)(74)), or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators, or as otherwise specified by 14 CCR Section 18982(a)(7). “Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 6 17855(a)(4); or as otherwise defined in 14 CCR Section 18982(a)(8). “Compost” or “composting” (or any variation thereof) means the controlled biological decomposition of organic waste yielding a safe and nuisance-free compost product. “Compactor” means any roll-off container or bin which has a compaction mechanism, whether stationary or mobile. “Construction and demolition debris” means used or discarded removed materials resulting from construction, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, remodeling, repair, or demolition operations. “Construction and demolition debris collection service” means the collection of construction and demolition debris by a person or company that holds a valid nonexclusive or exclusive franchise from the city and the delivery of that material to an appropriate facility. “Container” means bins, carts, compactors, and roll-offs intended for the placement of discarded materials by the waste generator. “Delivery” of solid waste discarded materials shall be deemed to occur when solid waste discarded materials areis deposited in a receptacle container or at a location that is designated for collection pursuant to this chapter, or is otherwise discarded. “Director” means the City Manager or the designee of the City Manager. “Discarded materials” means solid waste, source separated recyclable materials, and source separated organic waste. “Disposal” or “dispose” (or another variation thereof) means the final disposition of solid waste at a facility. “Edible food” means food intended for human consumption. For the purposes of this Code, edible food is not solid waste if it is recovered and not discarded. Nothing in this Code requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for edible food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Code. 348 “Exempt waste” means biohazardous or biomedical waste, hazardous waste, household hazardous waste, sludge, soil and dirt, concrete, asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, and those wastes under the control of the Nuclear Regulatory Commission. Exempt waste does not include used oil, used oil filters, construction and demolition debris, organic waste, or household batteries when placed for collection as set forth in the franchise agreement or as otherwise directed by the Director. “Fixed body vehicle” means an end-dump trailer hauled by a tractor, a dump truck, or other such vehicle where the container portion of the vehicle used to collect and transport construction and demolition debris is a fixed part of the vehicle body. Fixed body vehicles do not include vehicles manufactured to or designed to transport and deliver construction and demolition debris boxes. “Food recovery” means Actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food recovery organization” means an entity that primarily engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to: A. A food bank as defined in Section 113783 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. If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization conflicts with this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement. “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). “Food scraps” means materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable trimmings, houseplant trimmings and other organic waste common to the occupancy of residential dwellings. Food scraps are a subset of source separated organic waste. “Franchise agreement” means the written document and all amendments thereto, between the city of Dublin and a collector, governing the provision collection services, as defined in Section 5.32.130. “Hazardous waste” means any waste now or hereafter classified as hazardous pursuant to Public Resources Code Section 40141 and any other applicable federal, state or local law. “Household hazardous waste” or “HHW” means any hazardous waste generated by residential waste generators. “Multi-family” means any residential premises, other than single-family, with any combination of five (5) or more dwelling units in the city of Dublin receiving centralized, shared collection service. Multi-family dwellings do not include hotels, motels, or other transient occupancy facilities, which are considered commercial for the purposes of this chapter. “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). “Owner” means the owner or owners of real property having fee title to the property as identified in the most recent equalized assessment roll of the Alameda County Assessor. 349 “Processing” or “process” (or any variation thereof) means to prepare, treat, or convert source separated recyclable materials or source separated organic waste through some special method. “Recyclable materials” or “recyclables” means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recyclable materials include those materials defined by the city of Dublin, including newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including "tin" cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers; plastic bottles (#1-7); aluminum foil and pans; and dry cell household batteries when contained in a sealed heavy- duty plastic bag. “Recyclable materials” or “recyclables” shall also include those materials described in the franchise agreement between the collector and the city of Dublin, as approved by the city of Dublin, from time to time, and as described in Section 5.32.130. “Recycle” or “Recycling” (or any variation thereof) means the process of treating and reconstituting solid wastesource separated recyclable materials for the purpose of using the altered form. The collection, handling, transfer or disposal of solid waste not source-separated or not intended for or capable of recycling is not “recycling” within the meaning of this chapter. Putrescible solid waste (except animal wastes or remains for use only as tallow) is rebuttably presumed to be not capable of being recycled. “Recycling” also does not include the processing or use of solid waste for conversion to energy. sorting, cleansing, treating and reconstituting materials that would otherwise be disposed of at a disposal facility for the purpose of returning such materials to the economy in the form of raw materials for new, reused or reconstituted products. “Recycling facility” means any location, within or without the city limits of the city, which accepts source separated recyclable materials that have been source-separated from solid waste generated in the city for the sole purpose of recycling as defined herein. “Residential” or “residence” means of, from or pertaining to single-family or multi-family residences. “Reusable materials” means items that are capable of being used again after minimal processing. Reusable materials may include, but are not limited to, textiles (clean items made of thread, yard, fabric, or cloth), furniture, and/or sporting equipment, toys, house wares, working computers, undamaged monitors, cell phones, books, working small white goods (refrigerators, water heaters, freezers, etc.), working VCRs, and working stereos. “Roll-off container” means a metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility for processing. “Self-haul” means solid waste, source separated recyclable materials and/or source-separated recycling materials organic waste transported to a processing or disposal facility by the owner or occupant of the premises on which the materials were generated, or by the owner or occupant’s full-time employee(s), consistent with Section 5.32.150. “Single-family” means any dwelling unit in the city of Dublin, or any combination of less than five (5) dwelling units sharing Discarded Material Carts, for the accumulation and set out of Ssolid Wwaste, source separated Rrecyclable Mmaterials, and source separated Oorganic Mmaterials. “Solid waste” means all putrescible and nonputrescible solid, semi-solid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial or commercial wastes, demolition and construction wastes, discarded home and industrial appliances, animal solid and semi-solid wastes other than fecal matter, vegetable wastes, and other discarded solid and semi-solid wastes, but does not include hazardous waste, as herein defined, sewage or abandoned automobiles.solid waste as defined in the California Public Resources §40191 and regulations promulgated hereunder. Excluded from the definition of solid waste for the purposes of this Code are exempt waste, construction and demolition debris, source separated recyclable materials, source separated organic waste, and radioactive waste. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance 350 with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes reusable materials only when such materials are included for collection in a solid waste container not source separated from solid waste at the site of generation. For the purposes of this Code, solid waste must be generated by and by the waste generator where the solid waste is collected and does not include items defined herein as exempt waste. “Source separation” or “source separated” means the segregation into separate containers by the waste generator, prior to delivery, of individual components of solid waste discarded materials, such as glass bottles, cans, newspapers, and corrugated containers, for the sole purpose of “recycling” as defined herein.additional sorting or processing of 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). “Tenant,” when used with reference to a residence, means any person or persons other than the owner occupying or in possession of the residence. “Waste generator” means the property owner, resident, tenant, lessee, occupant, or business which produced the waste in the city in the first instance. This definition excludes any person who collects from or accepts shipment of waste from another person for the purposes of separating, recycling or otherwise disposing of such waste. (Ord. 16- 19 § 1 (part), 2019: Ord. 17-05 § 1: Ord. 2-92 § 1 (A); Ord. 2-86 § 2 (5-103)) Article II. Solid Waste Accumulation, Storage and Delivery 5.32.050 Storage in receptaclesCollection—Exceptions. A. All solid waste discarded materials produced, deposited, kept, or accumulated upon any lot or parcel of land, whether public or private, shall be kept in receptacles or containers as hereinafter provided. All such waste, in the receptacles or containers in which it is kept, shall be delivered for collection as hereinafter provided, with the following exceptions: 1. Lawn and garden trimmings and dead leaves removed from a site by a gardening, landscaping, or tree trimming contractor, as an incidental part of a total service offered by that contractor rather than as a hauling service; 2. Construction and demolition debris as defined herein which is removed in accordance with such definition, except that debris generated at a demolition site by a licensed demolition contractor, under the authority of a currently valid demolition permit issued by the city of Dublin, need not be kept in a receptacle or container; 3. Materials source-separated for recycling for which the generator receives compensation from the person collecting such materials; 4. Materials source-separated for recycling that the generator donates to youth, civic, or charitable organizations, no matter how the materials are transported; 5. Animal wastes and remains from slaughterhouses or butcher shops for use as tallow; 6. Solid waste transported by the owner or occupant of any residence to a fully licensed public disposal facility; provided, that such person may not transport solid waste from more than one (1) residential unit; and 7. Hazardous waste. B. Hazardous waste shall not be delivered to the collector under the provisions of this article, except as the collector may agree by a separate contract with the generator or owner of any hazardous waste or through any further program arranged with the legislative body having jurisdiction. Every generator, keeper, custodian or owner of hazardous waste is, and shall remain, responsible for the safe disposal of such waste pursuant to applicable law. 351 C. Every generator, keeper, custodian or owner of material covered by item 1, 2, 3, 4, 5, or 6 of subsection A of this section is, and shall remain, responsible for its safe handling and disposal and/or processing in accordance with this chapter and with other applicable law. D. Nothing herein shall prevent the collector from accepting, collecting or transporting material covered by item 1, 2, 3, 4, 5, or 6 of subsection A of this section if delivered or otherwise offered to the collector. (Ord. 16-19 § 1 (part), 2019: Ord. 17-05 § 2: Ord. 2-86 § 2 (5-200)) 5.32.060 Types of receptacles containers required—Maintenance. Every owner, lessor, lessee, tenant, employee, or occupant of any premises Every residential and commercial premise, where solid waste discarded materials areis created, deposited, kept, produced, or accumulated shall provide for use upon such premises and shall use three (3)one (1) or moreat least one (1) container for each of the following material types including organic waste, solid waste, and recyclable material. All such containers shall be watertight, noncorrodible, nonabsorbent and durable receptacles containers which shall be kept in a clean and sanitary condition at all times. The standard size container for residential and commercial services shall have a capacity not exceeding thirty-two (32) gallons and shall be of a design approved by the Director; provided, that receptacles of a net capacity of more than thirty-two (32) gallons may be used when approved by the Director and the collector. When delivered for collection, no such receptacle shall be filled so as to exceed a gross weight of seventy-five (75) pounds, including the receptacle and its contents, except for automated container collection. be the size and design specified in the franchise agreement between the collector and the city of Dublin. The Director may establish reasonable weight limits for safe handling of automated collection containers. The receptacle container shall be kept tightly covered at all times by a tightfitting noncorrodible cover, except when solid waste is discarded materials are being deposited therein or removed therefrom, and shall at all times be proofed against access by flies, rodents, and animals. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-201)) 5.32.061 Use of discarded materials in public solid waste receptacleslitter containers. It shall be unlawful for any person to place or cause to be placed discarded materials in any solid waste receptacle public litter container owned or maintained by the city of Dublin and located upon any public street or public place any solid waste matter discarded materials originating within or upon any private property; provided, however, that pedestrians or other persons using such street or public place shall be permitted to deposit in receptacle the public litter container miscellaneous small articles of waste matter carried by them. (Ord. 16-19 § 1 (part), 2019: Ord. 2-92 § 1(E)(1)) 5.32.070 Location of receptacles containers. All solid waste receptacles discarded materials containers delivered for collection shall be placed so as to be readily accessible for removal and emptying by the collector, but they shall not be placed within the vehicle traveled portion of any street, road, avenue, way or alley, or at any location so as to constitute a nuisance. By the day after collection, all residential collection containers carts must be removed so as not to be visible from the street, except for such containers carts stored in side yards. Flashers shall be required on all collection containers bins four (4) cubic yards in capacity or larger placed in the nontraveled portion of the street for more than twenty-four (24) hours. (Ord. 16-19 § 1 (part), 2019: Ord. 14-88 § 1: Ord. 2-86 § 2 (5-202)) 5.32.080 Removal of solid waste discarded materials. A. All solid waste discarded materials created, deposited, kept, produced, or accumulated in, on or about any dwelling, premises, lot or parcel of land, whether public or private, shall be delivered to the collector, or removed by the waste generator where permitted by Sections 5.32.130 and 5.32.150, at least once each week or more often if required by the Director unless and to the extent specifically exempted in Section 5.32.050 and the Alameda County Waste Management Authority’s (WMA) Organics Reduction and Recycling Ordinance (ORRO) 2021-02 Section 6. 352 B. If the city is advised by the collector that service has not been initiated as provided for herein, or the Director determines that additional service is necessary, city shall give the owner written notification that such service is required. If the required service is not initiated within fifteen (15) days from the date of mailing of the city’s notice, the city may require the collector to initiate and continue that solid waste discarded materials service for said residential or commercial unit. (Ord. 16-19 § 1 (part), 2019: Ord. 2-92 § 1 (B): Ord. 2-86 § 2 (5-203)) 5.32.090 Payment of solid waste discarded materials collection charges. The owner or owners shall subscribe to and pay for solid waste discarded materials collection, processing, and disposal services rendered by the collector. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement under which subscription, or payments for solid waste discarded materials collection service, or both subscription and payment for such service is made by a tenant, tenants, or any agent on behalf of the owner. However, any such arrangement will not affect the owner’s obligation should such subscription or payments not be made. (Ord. 16-19 § 1 (part), 2019: Ord. 2-92 § 1 (C): Ord. 2-86 § 2 (5-204)) 5.32.091 Minimum subscription for solid waste discarded materials collection required. Effective March 1, 1992 January 1, 2022, each property all waste generators in the city shall subscribe to a minimum service level of collection service. The minimum service level for residential premises shall include solid waste, source separated recyclable materials, and source separated organic waste collection service. Any additional services included in the minimum service level shall be identified in the resolution required in Section 5.32.140. For any residence which is not serviced by a commercial bin, the minimum service level shall be identified in the resolution required in Section 5.32.140. Minimum service to multifamily residences, commercial, industrial and institutional properties shall be as approved by the Director, in the event that central bin service is provided to multiple users on a property under single ownership. The criteria used by the Director shall assure that the level of service is adequate to protect health, safety and public welfare.The minimum service level for commercial premises shall include solid waste, source separated recyclable materials, and source separated organic waste collection service, unless the commercial waste generator applies for and receives a waiver as specified in the WMA ORRO 2021-02 Section 6. Any additional services included in the minimum service level shall be identified in the resolution required in Section 5.32.140. (Ord. 16-19 § 1 (part), 2019: Ord. 2-92 § 1(E)(2)) 5.32.094 Payment for minimum service. Every person in possession or control of property in the city of Dublin which is provided garbage discarded materials collection service by the collector shall pay such garbage collection fees as are set forth in Section 5.32.140. Fees and charges for the minimum service level for all residential units not receiving commercial bin service single- family premises for the period of July 1st to and including June 30th of each fiscal year shall be filed by the city and with the County Auditor of the county of Alameda prior to August 10th, who shall enter such fees and charges as an assessment on the tax roll and against the respective premises. The imposition of these assessments shall be in accordance with a resolution duly adopted by the City Council. The resolution levying the assessment may include the administrative costs associated with the cost of providing the service. Said assessments shall be collected at the same time and in the same manner as ad valorem taxes and other charges as are otherwise collectible by the county and shall be subject to the same penalties and the same procedures and sale in the case of delinquencies as proved for such taxes. All laws applicable to the levying, collection and enforcement of ad valorem taxes shall be applicable to such assessments as provided herein. All other fees and charges not assigned for collection to the County Auditor shall be billed and collected by the collector. (Ord. 16-19 § 1 (part), 2019: Ord. 4-93 § 1(A)) 353 5.32.100 Responsibilities of collector. The collector shall collect all solid waste discarded materials delivered to such places of collection and at such intervals as set forth herein and shall transfer the contents of all solid waste discarded materials receptacles containers into the vehicles provided therefor. The collector shall clean up any solid waste discarded materials spilled during the collection and shall completely empty the receptacles containers and replace lids. The collector shall continue to provide uninterrupted minimum refuse discarded materials collection service as identified in Section 5.32.140 to all residences. (Ord. 16-19 § 1 (part), 2019: Ord. 4-93 § 1(B): Ord. 2-86 § 2 (5-205)) 5.32.110 Collector Ssubmission of invoices and receipts. The collector shall, at least quarterly, submit to every regular customer within the city a written, dated invoice for sums due and payable to be collected. Amounts due under this section shall exclude charges for the minimum service level. In the event the collector submits an invoice in advance of or at the beginning of a particular quarter, the sums due for such quarter shall not be deemed delinquent until the expiration of the second month of such quarter. The collector also shall, if requested by any customer, render a written, dated receipt for any money received by the collector from such customer on account of solid waste discarded materials collection services rendered or to be rendered. (Ord. 16-19 § 1 (part), 2019: Ord. 4-93 § 1(C): Ord. 2-86 § 2 (5-206)) 5.32.115 City entitled to payment for minimum residential service. The collector city shall be entitled to payment from the owner as described in this chapter. Any assessments as described in Section 5.32.094 which remain unpaid may be collected thereafter by the city as provided herein. A. As scheduled and deemed appropriate by city, the City Council shall consider a report of delinquent accounts. B. The city shall determine the name or names of the owner of the real property for which the service was provided, as identified in the latest equalized assessment roll of the County Assessor. The city shall identify the total amount due, including reasonable administrative charges as established by the city. The City Council shall fix a time, date and place for hearing any objections or protests thereto. C. The Director shall cause a notice of the hearing to be mailed to the owners listed on the report not less than ten (10) days prior to the date of the hearing. D. At the hearing, the City Council shall hear any objections or protest of owners liable to be assessed for delinquent fees and administrative charges. The City Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. E. The delinquent fees and charges set forth in the report as confirmed shall constitute a special assessment against the respective parcel of land and shall be a lien on the property for the amount of such delinquent fees and charges. F. A certified copy of the confirmed report shall thereafter be filed with the appropriate county official for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the County Recorder of the county of Alameda, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value has been created and attaches thereon, prior to the date in which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. (Ord. 16-19 § 1 (part), 2019: Ord. 4-93 § 1(D): Ord. 2-92 § 1(E)(7)) 354 5.32.120 Collection—Time and location. Collection from single-family residences shall be from locations determined by resolution of the City Council. Collection from other premises shall be at places agreed upon by negotiation between the solid waste collector and the waste generator. All collections from residences and commercial properties adjacent to residences shall begin not earlier than six a.m. (6:00 a.m.). (Ord. 16-19 § 1 (part), 2019: Ord. 17-05 § 3: Ord. 2-86 § 2 (5-207)) Article III. Solid Waste Collection and Transportation of Discarded Materials 5.32.130 Exclusive and nonexclusive franchises—Exemptions Limitations. A. Franchise Required. No persons other than the holder of the exclusive franchise granted pursuant to subsection C of this section or persons granted a nonexclusive franchise agreement with the city pursuant to subsection D of this section shall collect, transport or convey, or cause or permit to be collected, transported or conveyed, on any city street any solid waste discarded materials for a fee or any consideration whatsoever. B. Exemptions from Limitations of Exclusive Franchise: Requirement Exemptions. Notwithstanding the foregoing, the following shall be exempt from the franchise requirement set forth in subsection A of this section: 1. The collection of materials source-separated for recycling for which compensation is provided to the waste generator. 2. Materials source-separated for recycling that the generator donates to youth, civic, or charitable organizations, no matter how the materials are transported. 3. Solid waste and source-separated materials for recycling Discarded materials self-hauled to a processing or disposal facility, provided such self-hauling is consistent with Section 5.32.150. 4. Lawn and garden trimmings and dead leaves removed from a site by a gardening, landscaping or tree trimming contractor, as an incidental part of a total service offered by that contractor rather than as a hauling service, if such waste is transported in a manner which ensures no spillage or litter of highways or city streets. 5. Large items removed from a premises by a property cleanup or maintenance company as an incidental part of cleanup or maintenance service offered by the company and not as a separate hauling service. 6. The collection and transport of animal wastes and remains for tallow; provided, that a permit for such collection and transport has been issued by the Alameda County Health Officer. 7. Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Public Resources Code Section 14500 et seq., no matter how delivered. 8. Hazardous waste. 9. The collection and removal of construction and demolition debris from a construction site by the construction contractor; provided, that the hauling is performed by the contractor itself using its own employees and equipment and not by a subcontracted hauling company. 10. The collection and removal of construction and demolition debris from a demolition site by a licensed demolition contractor using its own employees and equipment and not by a subcontracted hauling company, under the authority of a currently valid demolition permit issued by the city of Dublin, when such removal is accomplished through the use of a fixed body vehicle. 11. Edible food which is collected from a waste generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery; or which is transported by 355 the waste generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the waste generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food. 12. Food scraps that are separated by the waste generator and used by the waste generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by the generator or hauled by another party pursuant to Section 5.32.150. 13. Source-separated organic waste composted or otherwise legally managed at the site where it is generated (e.g., backyard composting, on-site anaerobic digestion) or at a community composting site. 14. The collection and removal of discarded materials or other materials from containers placed in city parks, which shall be collected by the city or a designated contractor of the city. C. Exclusive Franchise. The city may enter into an exclusive franchise agreement granting to one (1) person the exclusive right to collect or transport, or cause to be collected or transported for a fee, all solid waste discarded materials within the city or any portion thereof. The franchise agreement shall provide detailed requirements for the management, processing, and disposal of solid waste discarded materials in the city and provide for regulation of the fees to be collected under the exclusive franchise. D. Nonexclusive Franchises. The city may enter into nonexclusive franchise agreements granting to a person the right to collect or transport, or cause to be collected or transported for a fee, solid waste discarded materials within the city or any portion thereof, if the collection and transport of such waste is not subject to the exclusivity provisions of the exclusive franchise or if the generator is exempted by law from complying with the requirement in Sections 5.32.080 and 5.32.090 that all generators of solid waste discarded materials within the city deliver such waste to and contract with the collector for solid waste discarded materials collection, and disposal, and processing services. The nonexclusive franchise agreement shall provide detailed requirements for the management and disposal of solid waste discarded materials in the city. The franchise agreement shall not regulate the fees collected under the nonexclusive franchise. (Ord. 16-19 § 1 (part), 2019: Ord. 17-14 § 2: Ord. 17-05 § 4: Ord. 4-90 § 1; Ord. 2-86 § 2 (5-300)) 5.32.140 Collection rates—Designation of minimum service. Maximum rates of compensation for the collection of solid waste discarded materials within the city under the exclusive franchise shall be adopted by a resolution of the City Council. The resolution shall also describe the minimum service required for any residence commercial or residential premise pursuant to Section 5.32.091, including a description of all services included in the minimum service level. (Ord. 16-19 § 1 (part), 2019: Ord. 17- 05 § 5: Ord. 2-92 § 1(D): Ord. 2-86 § 2 (5-700)) 5.32.150 Self‐haul permit. A. Consistent with Section 5.32.130, a waste generator who is the owner or occupant of the premises on which the waste or materials were generated, or the owner’s or occupant’s full-time employees may self-haul solid waste and/or source-separated recyclable material discarded materialss generated by the premises; provided, that the generator is in possession of a valid self-haul permit issued under this section. A self-hauler permitted under this section may not transport solid waste or source-separated recyclable materials discarded materials from any other premises, residence, or location. B. Requirements. The city may issue a permit to self-haul if the generator demonstrates to Director’s satisfaction that the generator complies with all of the following: 1. Storage. Store all solid waste and recyclable materials discarded materials located on their premises in compliance with this chapter, including container specifications, closure and maintenance; 356 2. Removal. Collect and remove all solid waste or source-separated recyclable materials discarded materials at least once weekly, or as often as required under Section 5.32.080; 3. Transportation. Such solid waste or materials for recycling discarded materials may not be permitted to leak, spill, overflow or litter upon any public street or highway; 4. Disposal and Processing. a. Solid waste must be transported to the designated receiving area at a fully licensed public disposal facility; and b. Recycling Source separated recyclable materials may be transported to a recycling facility holding a permit issued under this chapter; provided, that the material has been source-separated, contains no putrescible matter and is untainted by putrescible matter. Recycling Recyclable materials may otherwise be disposed of pursuant to Section 5.32.130(B). c. Source separated organic waste may be transported to a processing facility, operation, activity, or property that processes or recovers source separated organic waste. C. Application for Self-Haul Permit. Generators seeking a self-haul permit must submit an application and provide the following documentation: 1. Invoice from Franchised Hauler or the City. A current dated invoice and/or payment receipt from their franchised hauler or the city showing all of the following: a. Generator’s name; b. Address of their serviced premises; c. Service subscription capacity and frequency; d. No outstanding charges due to city or franchisee for collection services previously received at the serviced address; 2. Hauling Vehicle Documentation. a. Copy of the vehicle(s) registration showing the generator as the registered owner or lessee of the vehicle(s) to be used for transportation; b. Copy of the vehicle(s) insurance; c. Evidence that the vehicle(s) meets all applicable Vehicle Code standards, and capable of safely hauling solid waste or recyclable materials in a safe and sanitary manner so that such matter will not spill; and 3. Certification of Recycling Service Form. Self-haulers that are commercial businesses or multi-family residences must submit a Certification of Recycling Service Form to the Director or designee for review for compliance if they do not also subscribe to separate collection service for source separated recyclable materials or source separated organic waste collection by a collector, as specified in the WMA ORRO 2021-02. Self- haulers shall submit a new Certification of Recycling Service Form to the Director or their designee for compliance review every 5 years. 4. Other. Any additional documentation reasonably requested by the Director. D. Permit Terms and Fees. A permit to self-haul shall be valid for one (1) calendar year from its issuance. All self-haul permits may be renewed annually. Applicants for a self-haul permit must pay an annual fee in an amount established by resolution of the City Council. 357 E. Permit Denial or Revocation. Generators must continue to subscribe to mandatory collection service while applications for self-haul permits are pending. Generators must immediately resubscribe to mandatory collection service if the generator receives notice of a permit revocation. The Director may deny or revoke a self-haul permit or permit application for any of the following reasons: 1. The generator has not provided documentation required under subsection B of this section; or 2. The generator received a permit but has not submitted a new certification of recycling service form as required every five years by subsection C(3) of this section; or 3. The generator received a permit but has not submitted quarterly disposal receipts as required by subsection F of this section; or 43. Any other violation of this chapter. An applicant whose application for a self-haul permit has been denied or revoked may appeal that decision pursuant to Section 5.32.280. F. Quarterly Disposal Receipts. Generators with self-haul permits must submit the following documentation to the Director at least quarterly: 1. Disposal Documentation. Dated receipts, invoices, or other documentation satisfactory to the Director evidencing that the generator legally disposed of its solid waste or source-separated recyclable materials at a facility permitted under law and in accordance with this chapter, at least weekly, including the following: a. Generator’s name and address; b. Dates of disposal; c. Name of disposal facility or facilities and delivery receipts and weight tickets from the entity accepting the material; and d. Tonnage of disposed solid waste, organic materials, and/or source separated recyclable materials by facility. e. If source separated organic waste 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 records of the entities that received the discarded materials. 2. Other. Any other additional or different documentation requested by the Director. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-301)) Article IV. Recycling 5.32.160 Source separation. Waste generators may shall source-separate recyclable materials and organic waste for recycling from solid waste for conveyance to duly permitted recycling or processing facilities. Materials source-separated for recycling Source separated recyclable materials and source separated organic waste must be stored in individual receptacles containers provided by the collector or another manner sufficient to prevent access by rodents, insects and animals, and must be collected by licensed recycling transporters the collector or transported by the waste generator with sufficient frequency so as not to create a health hazard, public nuisance or fire hazard. Putrescible solid waste and nonputrescible solid waste tainted by putrescible solid waste shall be presumed to be inappropriate for recycling, except where intended for use and source-separated for use as tallow. Nothing in this section is intended to modify, 358 restrict or eliminate any other obligations, restrictions, limitations or conditions imposed upon or applicable to any waste generator, other person, use, or location. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-400)) 5.32.220 Recycling transporter—Permit—Expiration. Each recycling transporter permit issued under this chapter shall expire on the December 31st of the year in which issued. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-406)) 5.32.240 Recycling facility—Permit required—Application. No person shall operate a recycling facility unless a recycling facility permit in writing has been issued for such facility by the Director. The application for a recycling facility permit must be made under oath and in writing, signed by the applicant and show the following: A. The name, address and telephone number of the applicant and the facility, if different; B. The type or types of material to be recycled; C. The source or sources from which such material is to be obtained; D. The manner of transportation of such material from the waste generator to the recycling facility; E. A statement that the applicant will not attempt to assign such permit, and that the applicant agrees to comply with all requirements of this chapter, now in force or as hereafter amended; F. A statement that no putrescible solid waste will be accepted or received by the recycling facility; provided, that tallow users need not comply with this subsection; and G. A statement that, if any of the information in the application changes in any material respect, the applicant will notify the Director in writing of the change or changes and will file a new application if required by the Director. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-408)) 5.32.250 Recycling facility—Permit application—Filing. The application for a recycling facility permit shall be filed with the Director and shall be accompanied by a nonrefundable application fee to be established by resolution of the City Council. The Director shall make an inspection of the recycling facility described in the application. If the Director finds that the application is consistent with the intent and purposes of this chapter, the Director shall issue a permit to such applicant for the recycling facility. If the application is denied, the Director shall inform the applicant in a dated writing which shall be mailed to the applicant’s address shown on the application. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-409)) 5.32.260 Recycling facility—Permit—Display—Expiration. The Director shall issue one (1) recycling facility permit for each application granted showing the number of the permit, the year in which it was issued, and the address of the facility. At the discretion of the Director, the permit shall be displayed in a conspicuous place, designated by the Director, in the facility. However, if it is not displayed, a responsible representative of the operator must have possession of the permit and be capable of presenting it within a reasonable period of time. The recycling facility permit shall expire on the December 31st following the date it was issued. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-410)) 359 5.32.270 Recycling facility—Permit—Revocation. Each recycling facility permit shall be subject to revocation after notice and hearing, pursuant to Article VI of this chapter, for failure to comply with the requirements of this chapter or with the conditions of such permit. (Ord. 16- 19 § 1 (part), 2019: Ord. 2-86 § 2 (5-411)) 5.32.280 Appeals procedure. Any applicant for a permit under this article and any person who is aggrieved by the Director’s action on the application may have the action reviewed by the City Council, pursuant to Section 3.16.100. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-412)) 5.32.282 Recycling facility and recycling transporter—Reporting required. The Director may require the regular submittal of operational data throughout the term of the permit as defined in Section 5.32.220 or 5.32.260 for purposes of compliance with Public Resources Code Section 40000 et seq. or other applicable state laws. Submittal of the information may be required on a quarterly basis. Failure to submit the information may be cause for revocation pursuant to Section 5.32.270. (Ord. 16-19 § 1 (part), 2019: Ord. 4-90 § 3: Ord. 2-86 (part)) 5.32.284 Inclusion of identification on receptacle container. Solid waste, source-separated recyclable materials, and source separated organic waste shall be stored in a receptacle container approved by the Director provided by the collector, as specified in the franchise agreement between the collector and the city of Dublin. The receptacle container shall include some form of identification as to the ownership or other identifying mark of the recycling transporter be the size and design specified in the franchise agreement pursuant to Section 5.32.060.. (Ord. 16-19 § 1 (part), 2019: Ord. 4-90 § 4: Ord. 2-86 (part)) 5.32.286 Ownership of source‐separated materials. All source-separated recyclable materials and source separated organic waste shall become the property of the recycling transporter collector who has provided the receptacle container, upon deposit in the receptacle container. It shall be unlawful for any person other than the owner of the receptacle container to remove source-separated recyclable materials or source-separated organic waste from an approved receptacle container, when placed for collection, without the express permission of the receptacle container owner. (Ord. 16-19 § 1 (part), 2019: Ord. 4-90 § 5: Ord. 2-86 (part)) Article V. Enforcement 5.32.290 Necessity. The enforcement of this chapter is essential to the public health, safety and well-being. The importance of the policies which the chapter seeks to effectuate makes necessary a range of flexible enforcement mechanisms. The remedies provided in this article shall be available without prior recourse, if applicable, to the permit revocation procedures provided in Article VI of this chapter. Each of the remedies provided in this article shall be available in accordance with the terms of its respective section without regard for the availability, potential availability, or use of another remedy or of permit revocation. The Director and the Alameda County Health Officer may utilize other remedies not set forth in this article. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-500)) 360 5.32.300 Administrative officer designated. The Director or the Alameda County Health Officer shall enforce and administer all provisions of this chapter falling under their respective jurisdictions, and for such purpose each shall have the powers of peace officer. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-501)) 5.32.310 Authority to implement civil remedies. The Director or the Alameda County Health Officer is authorized to seek civil injunctive relief in any court of competent jurisdiction against any violation or threatened violation of this chapter. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-502)) 5.32.320 Loss of revenue—Civil remedies. To the extent that any violation of this chapter has resulted in any loss of revenues to the solid waste discarded materials management system, the city may sue in any court of competent jurisdiction to recover said revenues. “Loss of revenues” means and includes the loss of the contribution of revenues to the regulated rate structure of the franchised solid waste collector. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-503)) 5.32.330 Inspections. The Director is authorized to make such inspections and to take such actions as may be required to enforce the provisions of this chapter. Specifically, the collector, as well as any recycling transporter or the operator of any solid waste disposal facility, processing facility, or recycling facility, must, upon demand by the Director, permit such inspection of records, operations, facilities or other matters as may be necessary to ensure compliance with this chapter. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-504)) 5.32.340 Right of entry. A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Director has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the Director may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Director by this chapter; provided, that (1) if such building or premises be occupied, he shall first present proper credentials and demand entry; and (2) if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is denied, or if the owner or individual in charge of the premises cannot be located, the Director shall have recourse to every remedy provided by law to secure entry, including but not limited to the provisions of Code of Civil Procedure Section 1822.50 et seq. B. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or refuse, after proper demand made as herein provided, promptly to permit entry therein by the Director for the purpose of inspection and examination pursuant to this chapter. (Ord. 16-19 § 1 (part), 2019: Ord. 9-91 § 3; Ord. 2- 86 § 2 (5-505)) 5.32.350 Nuisance—Civil remedies. The violation of any of the provisions of this chapter shall also be deemed a nuisance, and a civil action may be brought to abate, enjoin or otherwise compel the cessation of such nuisance. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-506)) 361 5.32.360 Violation—Penalty. Any person who shall violate any of the provisions of Section 5.32.050, Sections 5.32.130 and 5.32.150, Section 5.32.160 or 5.32.240 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) for each violation, or by imprisonment in the County Jail for not more than six (6) months, or both. Any person who shall violate any of the provisions of Section 5.32.060, 5.32.070, 5.32.080 or 5.32.286 shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Government Code Section 36900. The Director and/or Alameda County Health Officer are designated as the enforcement authority for the enforcement of those provisions which are designated as infractions. (Ord. 16-19 § 1 (part), 2019: Ord. 4-90 § 6) 5.32.365 Unauthorized containers. A. No Unauthorized Containers. Except as expressly authorized by this chapter, no person other than a franchisee may place a container within the city for collection of solid waste, recyclable, or compostable materials discarded materials. B. Notice—Violation. The city shall notify, in writing, any person who violates this section that the prompt and permanent removal of the container from the premises is required. Notice should be delivered by prominently posting on the container. The notice shall state the time within which the container must be removed, which time shall be not less than twenty-four (24) hours and not more than seventy-two (72) hours after posting of the notice. If the container is identified with the name and telephone number of the solid waste or recycling enterprise, the city shall also attempt to contact the enterprise by phone. Failure to notify the owner telephonically shall not invalidate the posted notice. Once the city posts a written notice of violation on the unauthorized container, the customer using the unauthorized container shall immediately cease placing solid waste or recyclable materials in it. C. Remedies. The city may impound or cause to be impounded any such container if it is not permanently removed from the premises within the time set forth in the notice. A person who violates this section is liable to the city for all fines and charges levied in connection with the collection, transportation, storage and handling of the container by the city. The container’s owner or his or her representative shall retrieve the container immediately after all applicable fines and charges have been paid. The City Manager Director, or his or her designee, has the authority to impound unauthorized containers and to collect the fines and charges levied by the city. If the unauthorized container is not retrieved by the hauler within fourteen (14) days of being impounded, it shall become the property of the city. D. Enforcement. Violation of this section shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100) for the first violation, a fine not to exceed two hundred dollars ($200) for the second violation within one (1) year, and a fine not to exceed five hundred dollars ($500) for each additional violation within one (1) year. There shall be a separate infraction for each day on which a violation occurs. The city shall recover costs and attorney’s fees incurred in connection with enforcement of this chapter. (Ord. 16-19 § 1 (part), 2019: Ord. 17-14 § 3) Article VI. Procedures for Revocation of Permits 5.32.370 Failure to furnish requested information. The Director may at any time require any person to whom a permit has been granted under this chapter to furnish the Director with the plans and a report of operations conducted by such permittee. If the holder of such permit willfully fails and refuses to furnish such plans and report of operations to the Director within a reasonable time after such demand, the Director may request the City Council to hold a public hearing to determine whether such permit shall be revoked. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-600)) 362 5.32.380 Failure to comply. The Director may at any time request the City Council to revoke a permit issued pursuant to the provisions of this chapter for the failure of the holder thereof to comply with requirements of this chapter or with the conditions of such permit. The request shall contain a written statement which shall set forth in concise language the acts or omissions with which the holder is charged, specifying the specific sections of this chapter or the specific conditions of the permit which the holder thereof is alleged to have violated. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5- 601)) 5.32.390 Hearing—Notice required. Within thirty (30) days after the receipt of the request from the Director, the City Council shall hold such hearing and shall give notice of the date, time and place of such hearing to the holder of the permit to the Director, and to such other persons as the City Council deems should be notified, not later than ten (10) days before the date of the public hearing. Such notice shall include the written statement of the Director prepared pursuant to Section 5.32.380. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-602)) 5.32.400 Notice of hearing—Service. The notice required under Section 5.32.390 shall be served personally, or by first class mail, postage prepaid, addressed to the holder of the permit at the address shown on the application, and shall be deemed given when so deposited in the mail or served personally. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-603)) 5.32.410 Action by City Council. Failure of the holder of the permit to appear at the hearing, after having been notified, may be deemed an admission of the act or omission charged in the notice, and in the event of such failure to appear, the City Council may revoke the permit without further evidence than that which served as the basis for the notice. After the hearing is concluded, the Council shall, within twenty-one (21) days, render its decision revoking such permit or dismissing the charges, with a brief statement of its reasons therefor. (Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-604)) 363 STAFF REPORT CITY COUNCIL Page 1 of 6 Agenda Item 8.2 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Report on California Senate Bill 1383, Short-Lived Climate Pollutants Requirements Prepared by: Shannan Young, Environmental & Sustainability Manager EXECUTIVE SUMMARY: The City Council will receive a report on the requirements imposed on local agencies through the final rulemaking for California Senate Bill 1383, Short-Lived Climate Pollutants. Final rulemaking was issued in November 2020 and includes mandates for waste reduction and diversion, materials procurement, enforcement, and record keeping. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: The financial impact to the City of implementing California Senate Bill 1383 is expected to be significant. Staff is in the process of evaluating the requirement and costs; procurement alone is anticipated to cost the City at least $800,000 per year. The Alameda County Waste Reduction and Recycling Initiative (Measure D) levies a surcharge on waste landfilled in unincorporated Alameda County. Fifty percent of Recycling Fund revenues generated by the surcharge are disbursed to cities and sanitary districts in Alameda County that meet criteria contained in the law. These Measure D funds can help to offset the impact to the General Fund. Annually, the City receives approximately $200,000 in Measure D funds. If the programs required by California Senate Bill 1383 are effective, the quantity of waste being landfilled will decrease, which will decrease the tipping fees collected, and will reduce Measure D fund payments to the City. Other than the General Fund and Measure D, no other sources have been identified to fund Senate Bill 1383 implementation. DESCRIPTION: In September 2016, California Senate Bill 1383, Short-Lived Climate Pollutants (SB 1383), was Attachment 5 364 Page 2 of 6 signed into law. SB 1383 establishes methane reductions targets to help the State of California meet its climate goals. Methane is a relatively short-lived climate pollutant that degrades in the atmosphere in approximately 12 years and is more than 80 times more potent a climate pollutant than carbon dioxide over a 25-year period. The goal of SB 1383 is to reduce methane emissions associated with landfills, dairies and livestock, and organic waste. Sending organic waste to landfills leads to anaerobic breakdown of material, which creates methane. Landfills are responsible for 21% of California’s methane emissions. Diverting organic waste to compost facilities can also reduce local air quality emissions and associated impacts. Targets included in SB 1383 to attain methane emissions reductions include requirements to achieve by 2025 a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level and a requirement that not less than 20% of currently disposed edible food is instead redirected from the landfill to food recovery organizations. The law grants the California Department of Resources Recycling and Recovery (CalRecycle) the regulatory authority to achieve the desired organic waste disposal reduction targets. The final rulemaking for SB 1383 implementation was issued by CalRecycle in November 2020. Table 1 below provides an overview of the major requirements, implementation timeline, and potential non-compliance fines. Details of the required programmatic elements are discussed below. Table 1. SB 1383 Major Requirements and Implementation Timeline Program/Activity Implementation Date Provide Organics Collection Service to All Residents and Businesses January 1, 2022 Establish Edible Food Recovery Program January 1, 2022 Procure Recycled Organic Products & Recycled Content Paper January 1, 2022 Keep Records & Report Implementation Efforts January 1, 2022 Enforce Compliance – Jurisdiction $50 to $500 per violation, depending on severity of violation. January 1, 2024 Enforce Compliance – CalRecycle $500 per violation up to $10,000 per violation per day January 1, 2024 Provide Organics Collection Service to All Residents and Businesses SB 1383 mandates that organics collection service is provided to all residents and businesses and that jurisdictions have enforceable mechanisms in place for their waste haulers, commercial and residential generators, and self-haulers, as applicable, to ensure compliance with organics collection. Provided collection containers must correspond with the prescribed labeling and color scheme. To facilitate compliance, jurisdictions must conduct education and outreach annually to all businesses and residents regarding collection service requirements, contamination standards, and overall SB 1383 compliance information. The City of Dublin is well-positioned to meet the organics collection service mandate in SB 1383. Staff have been working with the City’s franchised waste hauler, Amador Valley Industries (AVI) to implement Assembly Bill (AB) 1826, Mandatory Commercial Organics recycling, since 2016. As of 365 Page 3 of 6 September 15, 2020, all businesses that generate two or more cubic yards of total waste must subscribe to organics waste service. Staff has also been partnering with StopWaste and AVI to implement the Alameda County Waste Management Authority’s Mandatory Recycling Ordinance (MRO). To help prepare for SB 1383, on June 18, 2019 the City Council adopted Resolution 73-19 (Attachment 1) opting the City into the MRO which requires all multifamily properties of five or more units and all businesses to subscribe to recycling and organic waste collection service. Implementation of the MRO was delayed due to the Covid-19 pandemic, but StopWaste staff and consultants have been working with Dublin businesses and multifamily properties on MRO compliance since January 2020. The container element included in the sixth amendment to the franchise waste hauling contract adopted by City Council on June 16, 2020 (Attachment 2) includes costs to label and replace containers according to SB 1383 requirements. SB 1383 requires bins that are color coded as follows: Organics containers – green Recycle containers – blue Trash containers - gray Currently, AVI trash and organics containers are compliant with the SB 1383 color scheme, but recycling containers are non-compliant. Container labeling and adjustments to commercial bin colors will also be necessary. The compliance year for container color scheme and labeling is 2024. Establish Edible Food Recovery Program CalRecycle conducted a waste characterization study in 2014 which found that food waste comprised 18% of the organic waste disposed in landfills. The edible food recovery program is included in SB 1383 to reduce the amount of edible food that goes to landfills and redistribute the rescued food to populations in need. By 2022, each jurisdiction must establish an edible food recovery program for Tier 1 food generators. By 2024, the edible food recovery program must expand to include Tier 2 food generators. Tier 1 and Tier 2 food generators are shown in Table 2 below. Table 2. Tier 1 and Tier 2 Food Generators Tier 1 Food Generators – January 1, 2022 Tier 2 Food Generators – January 1, 2024 Supermarkets Restaurant with 250 or more seats, or total facility size ≥5,000 square feet Grocery stores with a total facility size equal to or greater than 10,000 square feet Hotel with on-site food facility and ≥ 200 rooms Food service provider Health facility with on-site food facility and ≥ 100 beds Food distributor A state agency with a cafeteria with ≥ 250 seats or a total cafeteria facility size ≥ 5,000 square feet Wholesale food vendor A local education agency with an on-site food facility 366 Page 4 of 6 Jurisdictions are required to ensure that food recovery organizations have enough capacity to accept the edible food. Assistance to expand existing infrastructure, as necessary, and inspection of Tier 1 and Tier 2 food generators to ensure compliance is required under this provision. In addition, education and outreach must be conducted annually to edible food generators regarding food donation requirements and available edible food recovery organizations. Procure Recycled Organic Products & Recycled Content Paper To create a market for the anticipated increase in recycled organic products that will be generated due to the diversion requirements in SB 1383, CalRecycle is requiring jurisdictions to procure recycled organic products equivalent to 0.08 tons per resident. In Dublin, that equates to a procurement requirement of over 5,000 tons of recycled organic products per year. Examples of recycled organic products include compost, mulch, renewable natural gas, or electricity from biomass. Most renewable natural gas currently available in California is locked up in existing contracts and very little electricity from biomass is procured by the City’s electric power provider, East Bay Community Energy. Therefore, it is anticipated that Dublin will be required to meet the bulk of its procurement mandate through compost and mulch purchases. In early 2021, StopWaste estimated that compost would cost up to $12/person, which would be approximately $800,000 annually for the City. SB 1383 also requires procurement of recycled content paper. The recycled content paper rules mandate that jurisdictions must require all businesses, from which it purchases paper products, to certify in writing the minimum percentage of post-consumer material in its paper products sold or offered to the jurisdiction. Staff is in the process of updating the City’s existing Environmental Preferable Purchasing Policy to address this procurement requirement. Keep Records & Report Implementation Efforts The record keeping and reporting requirements of SB 1383 are extensive and include, but are not limited to, the following: Organics collection service levels; Container monitoring and contaminant minimization programs; Waivers granted for organics service; Education and outreach programs; Procurement records; Edible food generator program outreach and monitoring; and Inspection and enforcement records. The implementation records must be kept in one central location and can either be electronic or physical. The records must be accessible to CalRecycle within 10business days and be retained for a minimum of five years. Enforce Compliance Jurisdictions are required to enforce the provisions of SB 1383, including issuing fines for non- compliance, which range from $50 to $500 per violation, depending on the severity of the violation. To have the legal authority to implement SB 1383 at the local level and issue fines, a jurisdiction must adopt an implementing ordinance prior to January 1, 2022. 367 Page 5 of 6 SB 1383 also gives CalRecycle the authority to enforce compliance on municipalities. Jurisdictions must demonstrate compliance with each prescriptive standard. A good faith effort does not have weight in the determination of compliance. If CalRecycle determines a jurisdiction is violating one or more of the requirements, the jurisdiction will have 90 days to correct the violation. If additional time is needed, the time frame may be extended to 180 days. If violations are due to issues outside the control of the jurisdiction and may take more time to correct, the jurisdiction can be placed on a Correction Action Plan which would allow 24 months to comply. Fines for non- compliance range from $500 per violation up to $10,000 per day. Dublin’s Implementation Planning Staff have been following the progress of SB 1383 since it was signed into legislation and adopted in 2016. Two comment letters, one dated March 4, 2019 and the other dated July 16, 2019, were submitted to CalRecycle during the lengthy rulemaking process. The letters generally support the intent of SB 1383 but pointed to the difficulty of meeting the procurement, reporting, and inspection requirements (Attachment 3). The City’s Climate Action Plan 2030 and Beyond (CAP 2030) included SB 1383 implementation as one of the high priority measures and a brief discussion of the new legislation was given to City Council in the CAP 2030 update on December 17, 2019 (Attachment 4). Since the final rulemaking in November 2020, StopWaste has been coordinating with Alameda County jurisdictions to facilitate implementation. StopWaste has agreed to coordinate the edible food recovery program efforts, develop a model ordinance, develop procurement implementation strategies, and help track residential and commercial organics service levels. Jurisdiction level work will also be required for all the programs that StopWaste is facilitating plus jurisdictions will need to perform inspection, monitoring, enforcement, data collection, and reporting. To help with the work required, the City recently issued a Request for Proposals for SB 1383 implementation assistance. Staff is finalizing the RFP process. An RFP was also issued for assistance with amending the City’s agreement with AVI due to SB 1383. When the AVI contract was approved by the City Council on June 16, 2020, the final rulemaking had not been issued by CalRecycle. In anticipation of the final rulemaking, place- holder language was included in the contract indicating that the contract would be reopened after the final rulemaking was issued. The RFP process is being finalized and Staff anticipates entering negotiations with AVI in mid-June to early-July 2021. Staff anticipates bringing both contracts to City Council for consideration prior to the end of this fiscal year. Conclusion SB 1383 provides a comprehensive mandate to reduce methane reductions from organic waste disposal in landfills by requiring an aggressive organics waste diversion requirement of 75% from the 2014 level by 2025. It also mandates an ambitious expansion of edible food recovery programs and that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. The programs required to implement SB 1383 will require a significant amount of Staff time to develop and oversee and will ramp up as the January 1, 2022 implementation timeline 368 Page 6 of 6 nears. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution 73-19 Opt-In to the Alameda County Waste Management Authority Mandatory Recycling Ordinance Phase II 2) June 16, 2020 Staff Report - Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC (without attachments) 3) SB 1383 Dublin Comment Letters 4) December 17, 2019 Staff Report - Input on Climate Action Plan Update (without attachments) 369 Attachment 370 371 Ordinance Opting in to the Organics Reduction and Recycling Ordinance November 16, 2021 Overview •Requirements for Senate Bill 1383, Short-Lived Climate Pollutants (SB 1383). •Alameda County Waste Management Authority (StopWaste) Organics Reduction and Recycling Ordinance (ORRO). •Dublin Municipal Code Amendments. Senate Bill (SB) 1383 SB1383, Short-Lived Climate Pollutants: •Adopted in September 2016. •Final rulemaking issued in November 2020. •Establishes statewide methane reductions targets to meet California climate goals. SB 1383 Targets SB 1383 2025 Targets: •Achieve a 75% reduction in the level of statewide disposal of organic waste from the 2014 level. •Not less than 20% of currently disposed edible food is redirected from the landfill to food recovery organizations. SB 1383 Ordinance •By January 1, 2022, local jurisdictions must adopt an Ordinance or other enforceable mechanism that incorporates SB 1383 requirements. •StopWaste developed a countywide Ordinance, the Organics Reduction and Recycling Ordinance (ORRO), to serve as the enforcement mechanism for Alameda County jurisdictions. StopWaste ORRO •Creates consistent countywide standards to meet SB 1383 requirements. •Modeled from the California Department of Resources, Recycling, and Recovery model ordinance. •Includes requirements from the Alameda County Waste Management Authority’s (WMA) Mandatory Recycling Ordinance. ORRO Requirements •Recycling & compost service and sorting requirements for all generators. –Additional education and resource requirements for multi- family dwellings and businesses. •Food donation requirements for edible food generators. •Recordkeeping and reporting requirements for food recovery organizations and services. •Public education, technical assistance, and reporting requirements for franchised waste haulers. •Recordkeeping and reporting requirements for self- haulers & back-haulers. ORRO Delegation of Authority Provision of ORRO Enforcement Agency Section 5-Requirements for Commercial Generators, including Multi-Family Residential City,WMA, and Designee of City Section 6 –Waivers for Commercial Business Generators City,WMA, and Designee of City Section 7 –Requirements for Commercial Edible Food Generators City,WMA, and Designee of City Section 8 –Requirements for Food Recovery Organizations and Services City,WMA, and Designee of City Section 9 –Requirements for Regulated Haulers and Facility Operators City,WMA, and Designee of City Section 10 –Requirements for Self-Haulers City,WMA, and Designee of City Section 11 –Inspections and Investigations City,WMA, and Designee of City Section 12 –Enforcement City,WMA, and Designee of City Dublin Municipal Code Updates •To ensure consistency with the ORRO, conforming amendments to Municipal Code Chapter 5.32 •Amendments include: –Renaming the chapter from “Solid Waste Management” to “Discarded Materials Management”. –Additions of definitions to align with SB 1383 and the ORRO. –Additional language to align with the ORRO including minimum service levels and source separation requirements. Conclusion •Opting in to the ORRO will: –Fulfill the City’s SB 1383 requirement to adopt an enforceable mechanism by January 1, 2022. –Demonstrate compliance with SB 1383. –Allow delegation of enforcement authority to StopWaste and other agencies to meet several requirements of SB 1383 on behalf of the City. Staff Recommendation •Waive the reading and INTRODUCE the Ordinance Opting in to the Alameda County Waste Management Authority Organics Reduction and Recycling Ordinance and Amending Chapter 5.32 of the Dublin Municipal Code.