Item 8 - Second Reading and Adoption of Ord. 849DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
November 2, 2021
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk �
(858)668-4535 or cgallagher@poway.org
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 849 entitled "An Ordinance of
the City Council of the City of Poway, California, Amending Sections 8.68.010,
8.68.020, 8.68.030, 8.68.195, 8.68.400 and Adding 8.68.225 and 8.68.230 to
Chapter 8.68 (Solid Waste Management) of the Poway Municipal Code"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular
City Council Meeting on October 19, 2021. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
MULLIN, FRANK, GROSCH, LEONARD, VAUS
NONE
NONE
NONE
NONE
Recommended Action:
It is recommended that the City Council adopt Ordinance No. 849.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
An ordinance summary notice was published in in the Poway News Chieftain on Thursday, October
28, 2021. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in
1 of 20 November 2, 2021, Item #8
November 2, 2021, Item #8accordance with Government Code section 36933. Attachments: A. Ordinance No. 849 Reviewed/ Approved By: wendaserman Assistant City Manager 2 of20 Reviewed By: Alan Fenstermacher City Attorney City Manager
November 2, 2021, Item #8ATTACHMENT AORDINANCE NO. 849 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTIONS 8.68.010, 8.68.020, 8.68.030, 8.68.195, 8.68.400 AND ADDING 8.68.225 AND 8.68.230 TO CHAPTER 8.68 (SOLID WASTE MANAGEMENT) OF THE POWAY MUNICIPAL CODE WHEREAS, Chapter 8.68 of the Poway Municipal Code ("PMC") authorizes the City to determine all aspects of solid waste handling which are of local concern; WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 4000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle solid waste generated in their jurisdiction to the maximum extent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; WHEREAS, Assembly Bill 341 of 2011 places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program; WHEREAS, Assembly Bill 1826 of 2014 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 services for that waste, requires the City to implement a recycling program to divert organic waste from businesses subject to the laws, and requires the City implement a mandatory commercial organics recycling program; WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recover (CalRecycle) to develop regulations to reduce organics in landfills. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievements of statewide organic waste disposal reduction targets; WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations; WHEREAS, the City seeks Ordinance amendments to five sections and the addition of two new sections to Chapter 8.68 of the PMC to reflect organic waste collection, diversion, and education mandates to address state organic recycling requirements; WHEREAS, the City now desires to implement requirements for the separation, processing, hauling, and diversion of organic waste; and WHEREAS, in addition to being described herein, all the changes proposed to Sections 8.68.010, 8.68.020, 8.68.030, 8.68.195, and 8.68.400 and the addition of 8.68.225 and 8.68.230 to Chapter 8.68 of the PMC are included herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: 3 of20
November 2, 2021, Item #8SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this Ordinance and amends Sections 8.68.010, 8.68.020, 8.68.030, 8.68.195, and 8.68.400 and adds Sections 8.68.225 and 8.68.230 to Chapter 8.68 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. follows: 4 of20 SECTION 3: Section 8.68.010 of the Poway Municipal Code is hereby amended as 8.68.010 Findings and intent. A. The City Council finds and determines as follows: 1. The City is responsible to protect its citizens against nuisances derived from solid waste by providing solid waste handling services including, but not limited to, source reduction, recycling, composting activities, and the collection, transfer and disposal of solid waste and litter. 2. In order to meet the requirements of the California Integrated Waste Management Act of 1989, including source reduction of the solid waste stream, diversion of solid waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solid waste from residential and commercial premises, and to require recycling of solid waste materials. 3. In order to meet the requirements of the state recycling law, Assembly Bill 341 passed in 2011, and state organics recycling law, Assembly Bill 1826 passed in 2014, it is necessary to require businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services for that waste and requires the City to implement a Mandatory Commercial Recycling program. Further, the passing of State Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the adoption and enforcement of an ordinance or enforceable mechanism to implement requirements on residential households, commercial businesses, commercial edible food generators, haulers, self-haulers, and food recovery organizations to support achievement of statewide organic waste disposal reduction targets. J1_. The mandates of the Environmental Protection Agency and other regulatory agencies, with respect to air pollution and traffic congestion management, require the regulation, and, where possible, reduction in the number of waste collection vehicles and vehicle trips which cause the discharge of air contaminants and create air pollution. -4-5. A reduction in the number of heavy waste collection vehicles using the City streets daily will reduce traffic hazards and congestion and promote safety. a§. The storage, accumulation, collection and disposal of solid waste, including, without limitation, garbage, trash, debris, litter, and other discarded materials is a matter of substantial public concern in that improper control of such matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation, and other problems affecting the public health, safety and welfare.
November 2, 2021, Item #8follows: 5 of20 az. Regulation of the collection of solid waste, recyclables, yard waste, and other compostables in the City will provide the most orderly and efficient solution to such problems and will promote the public health, safety and welfare. Compostables in the City will provide the most orderly and efficient solution to such problems and will promote the public health, safety and welfare. 7§. The regulation of solid waste handling services in the City will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of such vehicles, and the reduction of spillage and litter in the public streets, by establishing accountability for the cleaning of solid waste bins and containers, and by providing for accountability to the public. 8~. The public health, safety and welfare will best be served by providing for an exclusive franchise for residential and commercial solid waste and recyclable materials collection services. SECTION 4: Section 8.68.020 of the Poway Municipal Code is hereby amended as 8.68.020 Definitions. For the purpose of this chapter, the following words and phrases shall be construed as hereafter defined, unless it is apparent from the context that a different meaning is intended by the legislative body. "Bulky items" means stoves, refrigerators, water tanks, water heaters, washing machines, broken or discarded furniture, rubbish and debris from building construction, rocks, sod, earth and other bulky materials. Bulky items eligible for curbside pickup on normal collection days include items weighing no more than 50 pounds, no longer than four feet in length, and no greater than three feet in diameter. Larger items will be collected, but only "on call" and at an additional, published, one-time expense. "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). "City" means the City of Poway, a municipal corporation of the State of California. "City Council" means the Mayor and City Council of the City of Poway. "City Manager" means the City Manager of the City of Poway or City Manager's designee. "Collection" means the operation of gathering together within the City, and transporting by means of motor vehicle to the point of disposal or processing, any solid waste recyclables, yard waste, or other compostables. "Commercial occupant" or "commercial business" means every owner of, and every tenant or person who is in possession of or has the care and control of, a
November 2, 2021, Item #86 of20 place of business, or a multi-family residential dwelling that consists of more than five (5) units. A multi-family residential dwelling that consists of less than five (5) units is not a commercial business for purposes of implementing this ordinance. "Commercial premises" means all occupied real property in the City, except property occupied by Federal, State or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in this section, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional services, sports or recreational facilities, construction and demolition sites, and any other commercial or industrial business facilities, structures, sites, or establishments in the City. "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in this ordinance. for the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators. "Compostables" means organic wastes that are source separated from the solid waste stream or which are separated at a centralized facility that can be biologically decomposed under controlled, aerobic or anaerobic conditions to produce a product that can be reused. "Container" means any vessel, tank, receptacle, box or bin used or intended to be used in the storage or collection of recyclable materials or in the process of recycling, or for the purpose of holding solid waste for storage or collection. "Contractor" means any person or business concern authorized by the City's special permit or business license, separate from the exclusive franchise, to provide solid waste, recyclables, yard waste and other compostables collection and disposal services. "Designated source separated organic waste facility" means a solid waste facility that accepts a source separated organic waste collection stream and complies with one of the following: 1. The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream. a. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "designated source separated organic waste facility". 2. The facility is a "composting operation" or "composting facility" demonstrates that the percent of the material removed for landfill disposal that
November 2, 2021, Item #87 of 20 is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5. a. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17 409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "designated source separated organic waste facility." For the purposes of this ordinance, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49). "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this ordinance. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. "Director of Public Works" means the Director of Public Works for the City of Poway or Director's designee. "Disposal" means the management of solid waste through landfill disposal or transformation at a permitted solid waste facility after the collection thereof. "Disposal site" means the permitted place, location, tract of land, area or premises in use, intended to be used, or which has been used, for the disposal of solid waste. "Edible food" means food intended for human consumption. For the purposes of this ordinance, "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. "Enforcement action" means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. "Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores. "Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed. "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 including, but not limited to: a food bank as defined in Section 113783 of the Health and Safety Code, a nonprofit charitable organization as defined in Section 113841 of the Health and Safety code, and 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" differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
November 2, 2021, Item #88 of 20 "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. "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. "Food waste" means food scraps including, but not limited to: fruit, vegetables, meat, bones, dairy, egg shells, and prepared food and food-soiled paper including, but not limited to: napkins, tea bags, paper plates, and coffee filters. "Franchisee" means any person or business concern who has been awarded an exclusive franchise by the City to provide residential and commercial/industrial solid waste, recyclables, yard waste and other compostables collection services. "Garbage" includes, but is not restricted to, all animal and vegetable refuse from kitchens and household 1.vaste that shall have been prepared for, or intended to be used as, or shall have resulted from the preparation of food; all table refuse; every accumulation of animal and vegetable refuse that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fruits or vegetables; and offal, animal excreta or the carcasses of animals, grease soiled paper products, and fish or fowl, and nonrecyclable plastic. Hazardous Waste. 1. "Hazardous waste" means a waste, or combination of wastes as defined by Federal or State guidelines, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do each of the following: (i) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. 2. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and such other waste as may hereafter from time to time be designated as such by the Environmental Protection Agency (EPA) or other agency of the United States Government, or by the California Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous. "High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.S(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.S(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5). "Holiday" means the following holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day, and President's Day. "Holiday" also means any other day designated as such in a contract between a contractor and the labor union serving as the exclusive
November 2, 2021, Item #89 of20 representative of said contractor's employees, provided such holiday is established or recognized by the City. "Household hazardous waste" means those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. "Inspection" means a site visit where the City, franchisee, or designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this ordinance. "Local agency" means any county, city or district having the authority to provide solid waste handling services either by the agency itself or by authorizing or permitting other local agencies or solid waste enterprises to provide solid waste handling services. "Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five (5) or more dwelling units and are considered a commercial business for purposes of implementing this Ordinance. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. "Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. "Person" means an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. "Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a pollutant under 40 CFR 122.2 whose presence degrades the quality of the receiving waters in violation of basin plan and California ocean plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A pollutant also includes any contaminant which degrades the quality of the receiving waters in violation of basin plan and California ocean plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, temperature, and other narrative standards of the basin plan. "Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.
November 2, 2021, Item #810 of 20 "Recovery" describes any operation where organic waste is sent to a qualifying recycling center, a compostable material handling operation or facility, an in-vessel digestion operation or facility, a biomass conversion operation or facility, used as a soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill, used for land application, or lawfully used as animal feed as described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). "Recyclable" means recyclable materials and refers to materials generated on or emanating from residential or commercial premises and no longer useful or wanted thereon that are separated from other types of solid waste or, collected separately from other types of solid waste and made available for reuse, or which may be used as raw material in the manufacture of new products. The following materials are currently recyclable: glass bottles and jars -any food or beverage container (excluding dishware, ceramics and chemical containers); aluminum cans, foil, pie tins and similar items; steel or bimetal cans not to exceed one gallon size; PET -plastic soda bottles or other bottles with the designated "PET" symbol; HOPE -plastic milk and water bottles with the designated "HOPE" symbol (excluding detergent or bleach bottles); newspaper; cardboard -separated and not having waxed surfaces; mixed paper including magazines, junk mail, catalogs, paper bags, and telephone books; computer printout (excluding carbon); and white ledger-white bond paper, office paper, white envelopes (excluding coated paper); and such additional materials as the City Manager may designate from time to time. "Refuse" means garbage, commercial garbage and rubbish, excepting therefrom hazardous or bulky items. "Residential occupant" or "single-family" means every owner of, and every tenant, or person who occupies or is in possession of or has the care and control of, residential premises with the inclusion of multi-family complexes with fewer than five (5) units. "Residential premises" means each place used for residential purposes for a single family, including, without limitation, multiple-unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobile home parks. No places used primarily for business purposes shall be considered as a residential unit. "Rubbish" means combustible and noncombustible solid waste. SB 1383. 1. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730. 7, and 39730.8 to the Health and Safety Code, and added chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 2. "SB 1383 regulations" or "SB 1383 regulatory" means or refers to, for the purposes of this ordinance, the Short-lived Climate Pollutants: Organic Waste
November 2, 2021, Item #811 of 20 Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR "Self-hauler" means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment. Solid Waste. 1. "Solid waste" means all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, pollutants, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge, grit and screenings which are not hazardous, residue or non-processable waste from solid waste disposal facilities including material recovery, composting and transformation facilities, sod, concrete and similar materials. 2. "Solid waste" does not include hazardous waste regulated under State Public Resources Code Section 40141, 0f low-level radioactive waste regulated under Chapter 8 (commencing with Section 6011490) of Part 9 of Division 104 of the State Health and Safety Code, or medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code. under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Ge€!&.-Solid Waste Management Facility. 1. "Solid waste management facility" means the operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes waste as an activity incidental to the conduct of a solid waste collection and disposal business in accordance with regulations adopted pursuant to Section 43309 of the California Public Resources Code. 2. "Solid waste management facility" includes a solid waste transfer or processing station, a composting facility, a transformation facility, and a disposal facility. "Source separated" means the segregation, by the generator, of materials designated for separate collection for some form of materials recovery, recycling, or special handling. "Stormwater" means surface runoff and drainage associated with storm events and snowmelt that flows across a surface to the stormwater conveyance system or
November 2, 2021, Item #8receiving waters. For the purposes of this chapter, stormwater runoff and drainage from areas that are in a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a result of human activity, and the character and type of pollutants naturally appearing in the runoff have not been significantly altered, either directly or indirectly, as a result of human activity, shall be considered "unpolluted" and shall satisfy the definition of "stormwater" in this chapter. "Stormwater conveyance system" means private, natural and publicly owned facilities within the City of Poway by which stormwater may be conveyed to receiving waters of the United States, including any roads with drainage systems, streets, catch basins, curbs, gutters, ditches, pipes, natural and manmade channels or storm drains. "Tier one commercial edible food generator" means a commercial edible food generator that is one of the following: supermarket, grocery store with a total facility size equal to or greater than 10,000 square feet, food service provider, food distributor, wholesale food vendor. "Tier two commercial edible food generator" means a commercial edible food generator that is one of the following: restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, hotel with an on-site food facility and 200 or more rooms, health facility with an on-site food facility and 100 or more beds, large venue, large event, a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet, or a local education agency with an on-site food facility. "Waste diversion" means to divert solid waste, in accordance with all applicable Federal, State and local requirements, from disposal at solid waste landfills or transformation facilities through source reduction, recycling or composting. "Waste generator" means any person whose act or process produces solid waste, or whose act first causes solid waste to become subject to regulation. "White goods" means kitchen or other large-enameled appliances which includes, but is not limited to, refrigerators, washers, and dryers. "Wood wastes" means solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. "Yard waste" means green waste or any wastes generated from the maintenance or alteration of public, commercial, or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, pruning, brush and weeds. (Ord. 659 § 4, 2007; Ord. 496 § 2, 1998; Ord. 448 § 2, 1995.) SECTION 5: Section 8.68.030 of the Poway Municipal Code is hereby amended as follows: 12 of 20 8.68.030 Mandatory separation of recyclables, collection and disposal of solid waste and recyclables.
November 2, 2021, Item #813 of 20 A. Single-family and commercial generators: A. Mandatory Collection and Disposal of Solid V\laste and Recyclable Materials. All solid waste created, produced or accumulated in or about residential premises or commercial premises in the City shall be mandatorily collected from the residential premises and commercial premises at least once per week. Generator shall separate waste into the appropriate designated containers. The San Diego County Health Department may require more frequent collections and the City shall have the authority to change the minimum required levels of service over time. Every residential and commercial occupant shall use the services of the franchisee having the exclusive franchise for collecting solid waste, recyclables, yard waste and other compostables. The City Council may authorize the collection of solid waste to prevent its entry into the stormwater conveyance system and the waters of the State through contracts for services or through the use of City forces. No residential occupant or commercial occupant shall enter into an agreement for residential solid waste collection services or commercial solid waste collection services with a person other than the exclusive franchisee, except as specified otherwise in this chapter. It is declared to be unlawful for the occupant of any of the above-described premises to fail or neglect to provide for the removal of solid waste, or the reasonable separation of recyclables, yard waste and other compostables as required herein. Each day's violation of this section shall be treated and considered as a separate and distinct offense. B. Additionally, commercial businesses, which includes multi-family residential premises shall: 1. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants and customers, consistent with the City's three 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 8.68.400. 2. Excluding multi-family residential dwellings, provide containers for the collection of source-separated organic waste, and recyclables in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. The containers provided by the business shall have either: a. A body or lid that identifies whether it is for organic waste or recyclables. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. b. Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. The container labels are required on new containers commencing January 1, 2022.
November 2, 2021, Item #814 of 20 3. Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, inspection, and/or other measures. Additionally, containers shall be inspected periodically for contamination and employees shall be instructed on proper separation when contamination is found. 4. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclables. 5. Provide educational information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep organic waste and recyclables materials separated from other solid waste (when applicable) and the location of containers and the rules governing their use at each property. 6. Provide or arrange access for City or its designee to their properties during all inspections and investigations conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance. Any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators may be inspected at random or otherwise to confirm compliance. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirements of this ordinance described herein. Failure to provide or arrange for: (i) access to the entity's premises; or (ii) access to records for any inspection or investigation is a violation of this Ordinance and may result in penalties. This Section does not allow the City to enter the interior of a private residential property for inspection. 7. Any records obtained by the City during its inspections, investigations, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. 8. If a commercial business wants to self-haul, meet the self-hauler requirements of this Ordinance. 9. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements described in this Ordinance. BC. Exemptions. An exemption to the mandatory collection requirement of this section shall be granted upon application by the residential occupant or commercial occupant with sufficient proof of use of a City-approved solid waste and recyclables collection alternative. Said exemption shall be obtained in accordance with the process established and implemented by the City. An exemption shall be granted only under specifically enumerated administrative circumstances. All exemptions shall be subject to renewal annually. Those who have been granted exemptions may, from time to time, be required to provide proof-positive of their using an acceptable alternative to the franchise. An individual property owner's or tenant's failure to provide sufficient proof of use of a City-approved solid waste and recyclable materials collection alternative shall be a violation of this section. An exemption is nontransferable to any new owner of any
November 2, 2021, Item #8follows: given residence or commercial/industrial establishment. (Ord. 659 § 5, 2007; Ord. 496 § 2, 1998; Ord. 448 § 2, 1995) D. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site, or animal feed recycling service. SECTION 6: Section 8.68.195 of the Poway Municipal Code is hereby amended as 8.68.195 Processing of solid waste. Subject to the requirements of PMC 8.68.185, franchisee, prior to disposal, may direct any or all portions of the waste collected under the franchise agreement to a landfill, material recovery, composting, transformation or any other permitted solid waste processing facility, for processing of any materials contained therein. Franchisee shall meet the following requirements and standards as a condition of approval of an agreement, contract, or other authorization to collect organic waste: A. Through written notice to the City annually on or before January 1st, identify the facilities to which they will transport organic waste including the facilities for source separated recyclable materials and organic waste. B. Transport source separated recyclable materials and 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 City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with this Ordinance. The City reserves the right to designate such a facility or may disapprove franchisee's choice. Franchisee shall identify loads suitable for processing at material recovery, composting, transformation or any other solid waste processing facilities, and modify routes or storage and collection procedures, as directed by the Director of Public Works, to increase the quality or recoverability of materials generated by customers. (Ord. 659 § 9, 2007; Ord. 448 § 2, 1995) SECTION 7: Article Ill of the Poway Municipal Code is hereby amended to include the addition of 8.68.225 as follows: 15 of 20 Article Ill. California Integrated Waste Management Act of 1989 (AB 939) and Short-lived Climate Pollutants Senate Bill 1383 (SB 1383): Operational and Reporting Requirements Section 8.68.225 Requirements for commercial edible food generators Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024. Commercial edible food generators shall comply with the following requirements:
November 2, 2021, Item #816 of 20 A. Arrange to recover the maximum amount of edible food that would otherwise be disposed. §..:. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery. C. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service. ~ Allow City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. ~ Keep records that include the following information: i A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). 2. A copy of all contracts or written agreements with food recovery services or organizations. 3. A record of the following information for each of those food recovery services or food recovery organizations: .§.:. The name, address and contact information of the food recovery service or food recovery organization. ~ The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization. c. The established frequency that food will be collected or self-hauled. ~ 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. E. No later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information: i All records required in Section 8.68.225 (E). £: Amount and type of edible food that was not accepted by food recovery organizations or services for donation. G. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education
November 2, 2021, Item #8Code, 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). SECTION 8: Article Ill of the Poway Municipal Code is hereby amended to include the addition of 8.68.230 as follows: 17 of 20 Section 8.68.230 Requirements for food recovery organizations and services. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement shall maintain the following records: A. The name, address, and contact information for each commercial edible food generator from which the service collects edible food; B. The quantity in pounds of edible food collected from each commercial edible food generator per month; C. The quantity in pounds of edible food transported to each food recovery organization per month; D. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery; Food recovery oraanizations collecting or receIvIng edible food directly from commercial edible food generators, via a contract or written agreement shall maintain the following records: A. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food; B. The quantity in pounds of edible food received from each commercial edible food generator per month; C. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery; Commencing January 1, 2022, and annually thereafter, food recovery organizations and food recovery services that have their primary address located in the City and contract with or have written agreements with one or more commercial edible food generators shall report to the City the following: A. The total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with. Food Recovery Capacity Planning: In order to support edible food recovery capacity planning assessments or other studies conducted by the City, or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. a
November 2, 2021, Item #8follows: 18 of 20 food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City. SECTION 9: Section 8.68.400 of the Poway Municipal Code is hereby amended as 8.68.400 Scope of franchise -Exclusions and self-hauling requirements. The franchise granted to franchisee shall be exclusive except as to the following categories of solid waste, recyclables, yard waste and other compostables listed in this section. The granting of a franchise shall not preclude the categories of solid waste, recyclables, yard waste and other compostables listed below from being delivered to or collected or transported self-hauled by others, provided that nothing is intended to or shall be construed to excuse any person from obtaining any authorization from the City which is otherwise required by law: A. Manure, yard waste and other compostables removed from a premises by a manure removal, gardening, landscaping or tree trimming contractor as an incidental part of total service offered by that contractor rather than as a hauling service; B. Household hazardous waste and hazardous waste; C. Auto parts and bodies; D. Medical waste (as defined in the California Waste Management Act) which shall be handled in the manner prescribed by the County Health Officer and in accordance with the California Health and Safety Code; E. Solid waste exempted pursuant to PMC 8.68.030(C); F. Solid waste collected to prevent its entry into the stormwater conveyance system and the waters of the State, through contracts for services or through the use of City forces. (Ord. 659 § 29, 2007; Ord. 496 § 2, 1998) Those utilizing a service that provides self-hauling must ensure the haulers abide by the following requirements: A. Self-haulers shall source separate all recyclable materials and organic waste {materials that City otherwise requires generators to separate for collection in the Citys' organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.21 or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
November 2, 2021, Item #8B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility. C. Self-haulers that are commercial businesses (including multi-family self-haulers) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information: 1. Delivery receipts and weight tickets from the entity accepting the waste; 2. The amount of material in cubic yards or tons transported by the generator to each entity; 3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste. D. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section C to the City, starting no later than January 1, 2022 and annually thereafter. E. Additionally, owners of facilities, operations, and activities that receive and recover organic waste from haulers, including but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. community composting operators, upon city request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days. SECTION 10: This Ordinance shali be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 19th day of October 2021, and thereafter. 19 of 20
November 2, 2021, Item #8PASSED AND ADOPTED at a Regular Meeting of said City Council held the 2nd day of November, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 20 of 20