Ord 849ORDINANCE 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superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and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.
Ordinance No. 849
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 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:
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.
34. 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.
follows:
Ordinance No. 849
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66. 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.
67. 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.
78. 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.
89. 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.
Ordinance No. 849
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"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
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,
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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
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 17409.5.8(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.
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"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.
"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
i load ac or shall have rest lted from the preparation of food; all table refuse; every
accumulation of animal and vegetable refuse that attends the preparation,
offal, animal excreta or the carcases of animals, grease soiled paper products,
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
Ordinance No. 849
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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 18815.5(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).
"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
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.
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"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.
"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; HDPE —
plastic milk and water bottles with the designated "HDPE" 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.
hazardous or bulky items.
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"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
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, of low-level radioactive waste
regulated under Chapter 8 (commencing with Section 6011490) of Part 9 of
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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
Code.
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
receiving 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
follows:
Ordinance No. 849
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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
8.68.030 Mandatory separation of recyclables, collection and disposal of solid
waste and recyclables.
A. Single-family and commercial generators:
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
Ordinance No. 849
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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.
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
follows:
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(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
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.
Ordinance No. 849
Page 14
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 III of the Poway Municipal Code is hereby amended to include the
addition of 8.68.225 as follows:
Article III. 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:
A. Arrange to recover the maximum amount of edible food that would otherwise be
disposed.
B. 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.
Ordinance No. 849
Page 15
C. Shall not intentionally spoil edible food that is capable of being recovered by a
food recovery organization or a food recovery service.
D. 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.
E. Keep records that include the following information:
1. 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:
a. The name, address and contact information of the food recovery service
or food recovery organization.
b. 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.
d. 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.
F. 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:
1. All records required in Section 8.68.225 (E).
2. 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 495801 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).
Ordinance No. 849
Page 16
SECTION 8: Article III of the Poway Municipal Code is hereby amended to include the
addition of 8.68.230 as follows:
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 organizations 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
food recovery service or food recovery organization contacted by the City shall
follows:
Ordinance No. 849
Page 17
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-haulinq 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-haulinq 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 18984.2, or shall
haul organic waste to a high diversion organic waste processing facility as
specified in 14 CCR Section 18984.3.
Ordinance No. 849
Page 18
B. Self -haulers shall haul their source separated recyclable materials to a facility
that recovers those materials; and haul their organic waste to a solid waste facility,
operation, activity, or property that processes or recovers source separated
organic waste. Alternatively, self -haulers may haul organic waste to a high
diversion organic waste processing facility.
C. Self -haulers that are commercial businesses (including multi -family 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 shall 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.
Ordinance No. 849
Page 19
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.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 2nd day of
November, 2021 by the following vote, to wit:
AYES: MULLIN, FRANK, GROSCH, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, Cif' Clerk