HomeMy WebLinkAboutOrd 1999ORDINANCE NO. 1999
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING
TITLE 8 OF THE BULINGAME MUNICIPAL CODE BY ADDING A CHAPTER 8.15
(ORGANIC WASTE DISPOSAL REDUCTION); (CEQA DETERMINATION: EXEMPT
PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15308)
WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste
Management Act of 1989 requires cities and counties to reduce, reuse, and recycle
(including composting) Solid Waste generated in their Jurisdictions to the maximum
extent feasible before any incineration or landfill disposal of waste, to conserve water,
energy, and other natural resources, and to protect the environment; and
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 Jurisdictions to implement a Mandatory
Commercial Recycling program; and
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
Jurisdictions to implement a recycling program to divert Organic Waste from businesses
subject to the law, and requires Jurisdictions to implement a Mandatory Commercial
Organics Recycling program; and
WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of
2016, requires CalRecycle to develop regulations to reduce organics in landfills as a
source of methane. The regulations place requirements on multiple entities including
Jurisdictions, residential households, Commercial Businesses and business owners,
Commercial Edible Food Generators, haulers, Self -Haulers, Food Recovery
Organizations, and Food Recovery Services to support achievement of Statewide
Organic Waste disposal reduction targets; and
WHEREAS, Senate Bill 1383 also requires Jurisdictions to adopt and enforce an
Ordinance or enforceable mechanism to implement relevant provisions of S enate Bill
1383 Regulations. This Ordinance will also help reduce food insecurity by requiring
Commercial Edible Food Generators to arrange to ha ve the maximum amount of their
Edible Food, that would otherwise be disposed, be recovered for human consumption ;
and
WHEREAS, requirements in this Ordinance are consistent with other adopted
goals and policies of the City of Burlingame including: the City of Burlingame’s Climate
Action Plan Update and General Plan Measure 18 in the City’s adopted Climate Action
Plan, which calls for the City to divert 90% of its waste from the landfill by 2030.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the
public interest.
Section 3. The Burlingame Municipal Code is amended to add Chapter 8.15,
“Organic Waste Disposal Reduction” of Title 8, as reflected in Exhibit A, attached hereto
and incorporated herein by reference.
Section 4. The City Manager is authorized to adopt administrative policies and
regulations to implement this Ordinance.
Section 5. The City Council finds and determines this Ordinance is exempt from
CEQA pursuant to State CEQA Sections 15061(b)(3), as it can be seen with certainty that
there is no possibility the ordinance will have a significant effect on the environment. The
City Council also finds and determines this Ordinance is exempt from CEQA pursuant to
State CEQA Guidelines section 15308, as it is an action taken by a regu latory agency for
the protection of the environment.
Section 5. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
or sections of the Ordinance. The City Council of the City of Burlingame hereby declares
that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 6. This Ordinance shall go into effect 30 days following its adoption.
Section 7. The City Clerk is directed to publish this Ordinance in a manner
required by law.
Section 8. Section 3 of this Ordinance shall be codified in the Burlingame
Municipal Code. Sections 1, 2, 4, 5, 6, 7, and 8 shall not be so codified.
_______________________
Ricardo Ortiz, Vice-Mayor
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I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing Ordinance was introduced at a regular meeting of the City Council held on
1st day of November, 2021 and adopted thereafter at a regular meeting of the City Council
held on the 15th day of November, 2021, by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: O’BRIEN KEIGHRAN
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
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EXHIBIT A
Chapter 8.15 – Organic Waste Disposal Reduction
Sections
8.15.010 Definitions.
8.15.020 Requirements for Single-Family Generators.
8.15.030 Requirements for Commercial Businesses.
8.15.040 Waivers for Generators.
8.15.050 Requirements for Tier One and Tier Two Commercial Edible Food
Generators.
8.15.060 Requirements for Food Recovery Organizations and Services.
8.15.070 Requirements for Haulers and Facility Operators.
8.15.080 Self-Hauler Requirements.
8.15.090 Procurement Requirements for City Departments, Direct Service
Providers, and Vendors
8.15.100 Inspections and Investigations by City
8.15.110 Enforcement
8.15.120 Effective Date
8.15.130 Resolution of Conflict Between Chapter 8.15 other Provisions of the
Burlingame Municipal Code.
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8.15.010 Definitions.
(a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of Source Separated
Recyclable Materials or Source Separated Blue Container Organic Waste .
(b) “Black Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and
shall be used for the purpose of storage and collection of Black Container Waste.
(c) “Black Container Waste” means Solid Waste that is collected in a Black Container
that is part of a three-container Organic Waste collection service that prohibits the
placement of Organic Waste or Source Separated Recyclables in the Black
Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise
defined in 14 CCR Section 17402(a)(6.5).
(d) “CalRecycle” means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing,
and enforcing SB 1383 Regulations on Jurisdictions (and others).
(e) “California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this Ordinance are preceded with a number that
refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
(f) “Commercial Business” or “Commercial” means a firm , partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined
in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of
fewer than five (5) units is not a Commercial Business for purposes of implementing
this Ordinance.
(g) “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 pursuant to 14 CCR Section 18982(a)(7).
(h) “Compliance Review” means a review of records by a Jurisdiction or its designated
entity to determine compliance with this Ordinance.
(i) “Community Composting” means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and Compost on-site at any one time
does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR
Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
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(j) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated,
as of the effective date of this Ordinance, that “Compost” means the product resulting
from the controlled biological decomposition of organic Solid Wastes that are Source
Separated from the municipal Solid Waste stream, or which are separated at a
centralized facility.
Compost eligible for meeting the City’s Annual Recovered Organic Waste Product
Procurement Target must be produced at a compostable material handling operation
or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or
produced at a large volume in-vessel digestion facility that composts on-site as
defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet
the State’s composting operations regulatory requirem ents.
(k) “Container Contamination” or “Contaminated Container” means a container,
regardless of color, that contains Prohibited Container Contaminants, or as
otherwise defined in 14 CCR Section 18982(a)(55).
(l) “C&D” means construction and demolition debris.
(m) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR
Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated
Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) 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” as defined in
14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under
14 CCR Section 18815.7 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. The definition of
composting operation includes in-vessel digestion as regulated in 14 CCR
Section 17896.
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(A) If the percent of the material removed for landf ill 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 Chapter, the reporting periods shall
be consistent with those defined in 14 CCR Section 18815.2(a)(49).
(n) i. “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges
to carry out any of the Jurisdiction’s responsibilities of this Chapter as authorized in
14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a
private entity, or a combination of those entities.
ii. “Designee for Edible Food Recovery” means the County of San Mateo’s Office of
Sustainability with which the City has a Memorandum of Understanding for the
purposes of Edible Food Recovery including, but not limited to, inspection,
investigation, and enforcement of the Edible Food Recovery provisions of this
Chapter. Contact information for the Designee for Edible Food Recovery can be
found on the County of San Mateo’s Office of Sustainability website.
(o) “Edible Food” means food intended for and fit for human consumption and collected
or received from a Tier One or Tier Two Commercial Edible Food Generator. For the
purposes of this Chapter, “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.
( p ) “Edible Food Recovery” means actions to collect, receive, and/or re-distribute Edible
Food for human consumption from Tier One and Tier Two Commercial Edible Food
Generators that otherwise would be disposed.
(q) “Enforcement Action" means an action of the City or County of San Mateo’s Office
of Sustainability to address non-compliance with this Ordinance including, but not
limited to, issuing administrative citations, fines, penalties, or using other remedies.
(r) “Excluded Waste” means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious , regulated
radioactive waste, and toxic substances. Excluded wastes also includes construction
materials, dirt, rock and concrete, electronic waste and batteries, fluorescent lights,
hazardous waste, liquids and grease, medicines and sharps and treated wood.
These include material that facility collectors and operator(s), which receive
materials from the City and its generators, reasonably believe(s) would, as a result
of or upon acceptance, transfer, processing, or disposal, be a violation of local, S tate,
or Federal law, regulation, or Ordinance, including: land use restrictions or
conditions, waste that cannot be disposed of in Class III landfills or accepted at the
facility by permit conditions, waste that in City, or its Designee’s reasonable opinion
would present a significant risk to human health or the environment, cause a
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nuisance or otherwise create or expose City, or its Designee, to potential liability; but
not including de minimis volumes or concentrations of waste of a type and amount
normally found in Single-Family or Multi-Family Solid Waste after implementation of
programs for the safe collection, processing, recycling, treatment, and disposal of
batteries and paint in compliance with Sections 41500 and 41802 of the California
Public Resources Code. Excluded Waste does not include household batteries
placed in a sealed clear plastic bag placed on top of the black can, or any other
universal wastes if such materials are defined as allowable materials for collection
through the City’s collection programs and the generator or customer has properly
placed the materials for collection pursuant to instructions provided by the City or its
Designee for collection services.
(s) “Food Distributor” means a company that distributes food to entities inc luding, but
not limited to, Supermarkets and Grocery Stores.
(t) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety
Code.
(u) “Food Recovery” means actions to collect, receive and or re-distribute edible food
for human consumption from Tier One and Tier Two Commercial Edible Food
Generators, that otherwise would be disposed.
(v) “Food Recovery Organization” means an entity that engages in the collection or
receipt of Edible Food from Commercial Edible Food Generators and dist ributes that
Edible Food to the public for Food Recovery either directly or through other entities
or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited
to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of
the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization
differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply
to this Ordinance.
(w) “Food Recovery Service” means a person or entity that collects and transports Edible
Food from a Tier One or Tier Two Commercial Edible Food Generator to a Food
Recovery Organization or other entities for Edible Food Recovery. A Food Recovery
Service is not a Commercial Edible Food Generator for the purposes of this Chapter
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and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section
18982(a)(7).
(x) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat,
poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food Scraps excludes fats, oils, and grease when such materials are Source
Separated from other Food Scraps.
(y) “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.
(z) “Food-Soiled Paper” is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates, paper coffee
cups, napkins, pizza boxes, and milk cartons and should be placed in the green
compost container with food scraps.
(aa) “Food Waste” means Food Scraps, Food -Soiled Paper, and bio-plastics
labeled “BPI Certified Compostable”.
(bb) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and
shall be used for the purpose of storage and collection of Source Separated Green
Container Organic Waste.
(cc) “Greenhouse gas (GHG)” means carbon dioxide (CO2), methane (CH4), nitrous oxide
(N20), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC)
and other fluorinated greenhouse gases.
(dd) “Greenhouse gas emission reduction” or “greenhouse gas reduction” means a
calculated decrease in greenhouse gas emission relative to a project baseline over
a specified period of time, resulting from actions designed to achieve such a
decrease.
(ee) “Grocery Store” means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area
that is not separately owned within the store where the food is prepared and served,
including a bakery, deli, and meat and seafood departments , or as otherwise defined
in 14 CCR Section 18982(a)(30).
(ff) “High Diversion Organic Waste Processing Facility” means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18 815.5(d) and
meets or exceeds an annual average Mixed Waste organic content Recovery rate of
50 percent between January 1, 2022 and December 31, 2024, and 75 percent after
January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic
Waste received from the “Mixed waste organic collection stream” as defined in 14
CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section
18982(a)(33).
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(gg) “Inspection” means a site visit where a Jurisdiction or its designee, reviews records,
containers, and an entity’s collection, handling, recycling, or landfill disposal of
Organic Waste or Edible Food handling to determine if the entity is complying with
requirements set forth in this Ordinance, or as otherwise defined in 14 CCR Section
18982(a)(35).
“Inspection” for the purposes of Edible Food Recovery, means actions to review
contracts and other records related to the recovery of edible food and may occur off -
site via email and other forms of electronic communication, as well as the on -site
review of an entity’s records and collection, handling and other procedures for the
recovery of edible food to determine if the entity is complying with the requirements
of this Chapter.
(hh) “City” is the entity responsible for ensuring solid waste, recycling and organics
service is provided in accordance with SB 1383 guidelines.
(ii) “City Enforcement Official” means the city manager, county administrative official,
chief operating officer, executive director, or other executive in charge or their
authorized Designee(s) who is/are partially or whole responsible for enforcing the
Ordinance. See also “Designee for Edible Food Recovery.”
(jj) “Large Event” means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves
an average of more than 2,000 individuals per day of operation of the event, at a
location that includes, but is not limited to, a public , nonprofit, or privately owned
park, parking lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this
definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this
Ordinance.
(kk) “Large Venue” means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this Chapter and implementation of
14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a
public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse
track, performing arts center, fairground, museum, theater, or other public attraction
facility. For purposes of this Chapter and implementation of 14 CCR, Division 7,
Chapter 12, a site under common ownership or control that includes more than one
Large Venue that is contiguous with other Large Venues in the site, is a single Large
Venue. If the definition in 14 CCR Section 18982 (a)(39) differs from this definition,
the definition in 14 CCR Section 18982(a)(39) shall apply to this Ordinance.
(ll) “Local Education Agency” means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to
Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
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(mm) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste
collected in a black container that is required by 14 CCR Sections 18984.1, 18984.2
or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as
otherwise defined in 14 CCR Section 17402(a)(11.5). This definition is only
applicable to select commercial and MF customers provided with a two container
collection system. Three container collection system customers will use the black
container waste definition instead.
(nn) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi -Family premises do
not include hotels, motels, or other transient occupancy facilitie s, which are
considered Commercial Businesses. Under the SB 1383 Regulations and in this
Ordinance, Multi-Family Residential Dwellings with five (5) or more units are included
under the definition of a Commercial Business per 14 CCR Section 18982(a)(6).
(oo) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23
CCR, Division 2, Chapter 2.7.
(pp) “Non-Compostable Paper” includes but is not limited to paper that is coated in a
plastic material that will not breakdown in the composting process, or as otherwise
defined in 14 CCR Section 18982(a)(41).
(qq) “Non-Local Entity” means the following entities that are not subject to the City’s
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City, including
Burlingame Elementary District, and San Mateo Union High School District.
(rr) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable
wastes including but not limited to bottles, cans, metals, plastics and glass, or as
otherwise defined in 14 CCR Section 18982(a)(43).
(ss) “Notice of Violation (NOV)” means a notice that a violation has occurred that includes
a compliance date to avoid an action to seek penalties, or as otherwise defined in 14
CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(tt) “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 or as otherwise defined in 14 CCR Section 18982 (a)(46). Biosolids and
digestate are as defined by 14 CCR Section 18982(a).
(uu) “Organic Waste Generator” means a person or entity that is responsible for the initial
creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982 (a)(48).
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(vv) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and
toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
(ww) “Printing and Writing Papers” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and
other uncoated writing papers, posters, index cards, calendars, brochures, reports,
magazines, and publications, or as otherwise defined in 14 CCR Section
18982(a)(54).
(xx) “Prohibited Container Contaminants”
(1) For those generators provided with a three container collection system (blue,
green and black): “Prohibited Container Contaminants” means the following:
(i) discarded materials placed in the Blue Container that are not identified as
acceptable Source Separated Recyclable Materials for the City’s Blue
Container; (ii) discarded materials placed in the Green Container that are not
identified as acceptable Source Separated Green Container Organic Waste
for the City’s Green Container; (iii) discarded materials placed in the Black
Container that are acceptable Source Separated Recyclable Materials and/or
Source Separated Green Container Organic Wastes that belong in City’s
Green or Blue Container and (iv) Excluded Waste placed in any container.
(2) For those (limited commercial and MF) generators provided with two-
container (blue/black) collection service for Source Separated Recyclable
Materials and mixed materials): “Prohibited Container Contaminants” means
the following: (i) discarded materials placed in a Blue Container that are not
identified as acceptable Source Separated Recyclable Materials for City’s
Blue Container; (ii) discarded materials placed in the Black Container that are
identified as acceptable Source Separated Recyclable Materials, which are to
be separately collected in City’s Blue Container; and, (iii) Excluded Waste
placed in any container.
(yy) “Recovered Organic Waste Products” means products made from California, landfill -
diverted recovered Organic Waste processed in a permitted or otherwise authorized
facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(zz) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b),
or as otherwise defined in 14 CCR Section 18982(a)(49).
(aaa) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper
that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as
otherwise defined in 14 CCR Section 18982(a)(61).
(bbb) “Regional Agency” means the South Bayside Waste Management Authority
(SBWMA) as a regional agency as defined in Public Resources Code Section 40181.
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(ccc) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of Blue Containers, Green Containers,
and Black Containers for purposes of identifying the quantity of materials in
containers (level of fill) and/or presence of Prohibited Container Contaminants.
(ddd) “Renewable Gas” means gas derived from Organic Waste that has been diverted
from a California landfill and processed at an in-vessel digestion facility that is
permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as
otherwise defined in 14 CCR Section 18982(a)(62).
(eee) “Restaurant” means an establishment primarily engaged in the retail sale of food and
drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
(fff) “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.
(ggg) “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered
Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of
Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the
duration of the applicable procurement compliance year, as specified by 14 CCR
Section 18993.1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14
CCR Section 17852(a)(12), that is permitted or authorized under 14
CCR Division 7, other than a chipping and grinding operation or facility
as defined in 14 CCR Section 17852(a)(10).
ii. A transfer/processing facility or transfer/processing operation as
defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that
is permitted or authorized under 14 CCR Division 7; or,
iii. A solid waste landfill as defined in Public Resources Code Section
40195.1 that is permitted under 27 CCR Division 2.
2. Meet or exceed the physical contamination, maximum metal concentration,
and pathogen density standards for land application specified in 14 CCR
Sections 17852(a)(24.5)(A)1 through 3, as enforced with this Ordinance.
(hhh) “SB 1383 Regulations” or “SB 1383 Regulatory” mea ns or refers to, for the purposes
of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction
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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.
(iii) “SBWMA” means the South Bayside Waste Management Authority, a regional
agency, as defined in Public Resources Section 40181, serving its member agencies
on recycling and waste issues.
(jjj) “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, or as otherwise defined in 14 CCR Section
18982(a)(66)(A). “Self-Hauler” for the purposes of Edible food recovery, means a
commercial edible food generator who holds a contract with and hauls edible food to
a Food Recovery Organization or other site for redistribution according to the
requirements of this Chapter.
(kkk) “Single-Family” means of, from, or pertaining to any residential premises with fewer
than five (5) units.
(lll) “Solid Waste” has the same meaning as defined in State Public Resources Code
Section 40191, which defines Solid Waste as all putrescible and nonputrescible
solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish,
ashes, industrial wastes, demolition and construction wastes, abandoned vehicles
and parts thereof, discarded home and industrial appliances, dewatered, t reated, or
chemically fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and semisolid
wastes, with the exception that Solid Waste does not include any of the following
wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section
40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the
State Health and Safety Code).
(3) Medical waste regulated pursuant to the 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.
(mmm) “Source Separated” means materials, including commingled recyclable materials,
that have been separated or kept separate from the Solid Waste stream, at the point
of generation, for the purpose of additional sorting or processing those materials for
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recycling or reuse in order to return them to the economic mainstream in the form of
raw material for new, reused, or reconstituted products, which meet the quality
standards necessary to be used in the marketplace, or as otherwise defined in 14
CCR Section 17402.5(b)(4). For the purposes of the Ordinance, Source Separated
shall include separation of materials by the generator, property owner, property
owner’s employee, property manager, or property manager’s employee into different
containers for the purpose of collection such that Source Separated materials are
separated from Black container Waste or other Solid Waste for the purposes of
collection and processing.
(nnn) “Source Separated Blue Container Organic Waste” means Source Separated
Organic Wastes that can be placed in a Blue Container incl uding clean paper and
cardboard.
(ooo) “Source Separated Green Container Organic Waste” means Source Separated
Organic Waste that can be placed in a Green Container that is specifically intended
for the separate collection of Organic Waste, excluding Source Separated Blue
Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
Acceptable materials include food scraps, food soiled paper, plants and bio-plastics
labeled BPI Certified Compostable.
(ppp) “Source Separated Recyclable Materials” means Source Separated Non -Organic
Recyclables and Source Separated Blue Container Organic Waste and includes
clean paper and cardboard, glass bottles, cans and plastic bottles, tubs and
containers.
(qqq) “State” means the State of California.
(rrr) “Supermarket” means a full-line, self-service retail store with gross annual sales of
two million dollars ($2,000,000), or more, and which sells a line of dry grocery,
canned goods, or nonfood items and some perishable items, or as otherwise defined
in 14 CCR Section 18982(a)(71).
(sss) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square
feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
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If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73)
shall apply to this Ordinance.
(ttt) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or gr eater
than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms.
(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74)
shall apply to this Ordinance.
(uuu) “Wholesale Food Vendor” means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and vegetables )
is received, shipped, stored, prepared for distribution to a retailer, warehouse,
distributor, or other destination, or as otherwise defined in 14 CCR Section
189852(a)(76).
8.15.020 Requirements for Single-Family Generators.
Single-Family Organic Waste Generators shall comply with the following requirements
except Single-Family generators that meet the Self-Hauler requirements in Section
8.15.080:
(a) Shall subscribe to City’s Organic Waste collection services for all Organic Waste
generated as described below in Section 8.15.020(b). The City shall have the right
to review the number and size of a generator’s containers to evaluate adequacy of
capacity provided for each type of collection service for proper separation of
materials and containment of materials; and, Single-Family generators shall adjust
its service level for its collection services as requested by the City. Generators may
additionally manage their Organic Waste by preventing or reducing their Organic
Waste, managing Organic Waste on site, and/or using a Community Composting
site pursuant to 14 CCR Section 18984.9(c).
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(b) Shall participate in the City’s three container Organic Waste collection service(s) by
placing designated materials in designated containers as described below, and shall
not place Prohibited Container Contaminants in collection containers.
Generator shall place Source Separated Green Container Organic Waste,
including Food Waste, in the Green Container; Source Separated blue
container organic waste and recyclable Materials in the Blue Container; and
Black container Waste in the Black container, per City and collector
guidelines. Generators shall not place materials designated for the Blac k
container into the Green Container or Blue Container.
8.15.030 Requirements for Commercial Businesses.
Generators that are Commercial Businesses, which for purposes of this Chapter includes
Multi-Family Residential Dwellings of five (5) or more units, shall:
(a) Subscribe to City’s three container collection services and comply with requirements
of those services as described below in Section 8.15.030(b), except Commercial
Businesses that meet the Self -Hauler requirements in Section 8.15.080. City shall have
the right to review the number and size of a generator’s containers and frequency of
collection to evaluate adequacy of capacity provided for each type of collection service
for proper separation of materials and containment of materials; and, Commercial
Businesses shall adjust their service level for their collection services as requested by
the City.
(b) Participate in the City’s Organic Waste collection service(s) by placing designated
materials in designated containers as described below. Commercial businesses that
meet the self-hauler requirements in Section 8.15.080 are excluded from this
requirement.
(A) Generator shall place Source Separated Green Container Organic
Waste, including Food Waste, in the Green Container; Source
Separated Blue container organic waste and source separated
Recyclable Materials in the Blue Container; and Black container Waste
in the Black container. Generator shall not place materials designated
for the Black container into the Green Container or Blue Container.
(B) Generators that are offered two container service (this will be limited to
a specified number of commercial and MF generators on an invitation
only basis, based on waste quantities and type, and availability of new
organics to energy processing system) shall place only source
separated blue container organic waste and source separated
recyclable materials in a blue container and all other materials (mixed
waste) in a black container.
(c) Supply and allow access to an adequate number, size and location of collection
containers with sufficient labels or colors (conforming with Sections 8.15.030(d)(1)
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and 8.15.030(d)(2) below) for employees, contractors, tenants, and customers,
consistent with City’s Blue Container, Green Container, and Black 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
8.15.080.
(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection
of Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials in all indoor and outdoor areas where disposal containers are
provided for customers, for materials generated by that business. Such containers
do not need to be provided in restrooms. If a Commercial Business does not
generate any of the materials that would be collected in one type of container, then
the business does not have to provide that particular container in all areas where
disposal containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the
collection service provided by the City, with either lids conforming to the color
requirements or bodies conforming to the color requirements or both lids and
bodies conforming to color requirements. A Commercial 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.
(2) Container labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited in that
container, or containers with imprinted text or graphic images that indicate the
primary materials accepted and primary materials prohibited in the container.
Pursuant 14 CCR Section 18984.8, the container labeling requirements are
required on new containers commencing January 1, 2022.
(e) Multi-Family Residential Dwellings are not required to comply with container
placement requirements or labeling requirement in Section 8.15.030(d) pursuant to
14 CCR Section 18984.9(b).
(f) To the extent practical through education, training, Inspection, and/or other
measures, excluding Multi-Family Residential Dwellings, prohibit employees from
placing materials in a container not designated for those materials per the City’s Blue
Container, Green Container, and Black 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 8.15.080.
(g) Excluding Multi-Family Residential Dwellings, annually inspect Blue Containers,
Green Containers, and Black containers for contamination and inform employees if
containers are contaminated and of the requirements to keep contaminants out of
those containers pursuant to 14 CCR Section 18984.9(b)(3).
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(h) Annually provide information to employees, contractors, tenants, and customers
about Organic Waste Recovery requirements a nd about proper sorting of Source
Separated Green Container Organic Waste and Source Separated Recyclable
Materials.
(i) Provide education information before or within fourteen (14) days of occupation of
the premises to new tenants that describes requirements to keep Source Separated
Green Container Organic Waste and Source Separated Recyclable Materials
separate from Black container Waste (when applicable) and the location of
containers and the rules governing their use at each property.
(j) Provide or arrange access for the City or its agent to their properties during all
Inspections conducted in accordance with Section 8.15.100 to confirm compliance
with the requirements of this Chapter.
(k) Accommodate and cooperate with City’s Remote Monitoring program for Inspection
of the contents of containers for Prohibited Container Contaminants, which may be
implemented at a later date, to evaluate generator’s compliance with Section
8.15.030(b). Should a remote monitoring program be used by the City it shall
involve installation of Remote Monitoring equipment on or in the Blue Containers,
Green Containers, and Black containers.
(l) At Commercial Business’s option and subject to any approval required from the
City, implement a Remote Monitoring program for Inspection of the contents of its
Blue Containers, Green Containers, and Black containers for the purpose of
monitoring the contents of containers to determine appropriate levels of service and
to identify Prohibited Container Contaminants. Generators may install Remote
Monitoring devices on or in the Blue Containers, Green Containers, and Black
containers subject to written notification to or approval by the City or its Designee.
(m) If a Commercial Business wants to self -haul, meet the Self-Hauler requirements in
Section 8.15.080.
(n) Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Edible Food Recovery requirements, pursuant to the
Edible Food Recovery provisions of Section 8.15.050.
8.15.040 Waivers for Generators.
(a) De Minimis Waivers: The City may waive a Commercial Business’ obligation
(including Multi-Family Residential Dwellings) to comply with some or all of the
Organic Waste requirements of this Chapter if the Commercial Business
provides documentation that the business generates below a certain amount of
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Organic Waste material as described in Section 8.15.040(a)(2) below.
Commercial Businesses requesting a de minimis waiver shall:
(b)
(1) Submit an application specifying the services that they are requesting a
waiver from and provide documentation as noted below in (2) (A) or (B).
(2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is two
cubic yards or more per week and Organic Waste subject to collection
in the Green Container comprises less than 20 gallons per week per
applicable container of the business’ total waste; or,
(B) The Commercial Business’ total Solid Waste collection service is less
than two cubic yards per week and Organic Waste subject to collection
in the Green Container comprises less than 10 gallons per week per
applicable container of the business’ total waste.
(3) Notify City if circumstances change such that Commercial Business’s Organic
Waste exceeds threshold required for waiver, in which case waiver will be
rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years, if
City has approved de minimis waiver.
(c) Physical Space Waivers City may waive a Commercial Business’ or property
owner’s obligations (including Multi-Family Residential Dwellings) to comply with
some or all of the recyclable materials and/or Organic Waste collection service
requirements if the City has evidence from its own staff, a hauler, licensed
architect, or licensed engineer demonstrating that the premises lacks adequate
space for the collection containers required for compliance with the Organic
Waste collection requirements of Section 8.15.030.
A Commercial Business or property owner may request a physical space
waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for
which they are requesting a compliance waiver.
(2) Provide documentation that the prem ises lacks adequate space for Blue
Containers and/or Green Containers including documentation from its hauler,
licensed architect, or licensed engineer.
(3) Provide written verification to City that it is still eligible for physical space
waiver every five years, if City has approved application for a physical space
waiver.
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8.15.050 Requirements for Tier One and Tier Two Commercial Edible Food
Generators.
(a) Tier One Commercial Edible Food Generators must comply with th e requirements of
this Section 8.15.050 commencing January 1, 2022, and Tier Two Commercial
Edible Food Generators must comply commencing January 1, 2024, pursuant to 14
CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for
food to be provided by others, shall require Food Facilities operating at the Large
Venue or Large Event to comply with the requirements of this Section commencing
January 1, 2024.
(c) Tier One and Tier Two Commercial Edible Food Generators shall comply with the
following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise
be disposed.
(2) Use the CalRecycle Model Food Recovery Agreement or the contractual
elements contained in the Requirements for Food Recovery Organization s
and Food Recovery Services section of this Chapter to contract with, or
otherwise enter into a written agreement with Food Recovery Organizations
or Food Recovery Services for:
(A) The collection of Edible Food for Edible Food Recovery from the Tier
One or Tier Two Commercial Edible Food Generator’s premises; or,
(B) The acceptance of Edible Food that the Tier One or Tier Two
Commercial Edible Food Generator self -hauls to the Food Recovery
Organization.
(3) Contract with Food Recovery Organizations and Food Recovery Services
able to demonstrate a positive reduction in greenhouse gas emissions from
their Edible Food Recovery activity. A list of Food Recovery Organizations
and Food Recovery Services is available on the County of San Mateo Office
of Sustainability website.
(4) Shall not intentionally spoil Edible Food that is capable of being recovered by
a Food Recovery Organization or a Food Recovery Service.
(5) Allow City’s enforcement entity or their Designee for Edible Food Recovery to
access the premises and inspect procedures and review records related to
Edible Food Recovery and/or provide them electronically if requested by the
City or the Designee for Edible Food Recovery.
(6) Keep records that include the following information:
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(A) A list of each Food Recovery Organization or a Food Recovery Service
that collects or receives Edible Food from the Tier One or Tier Two
Commercial Edible Food Generator pursuant to a contract or written
agreement as required by this Ordinance.
(B) A copy of all contracts or written agreements established under the
provisions of this Chapter.
(C) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food
Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self -hauled to the
Food Recovery Service or Food Recovery Organization.
(iii) The established schedule or frequency that food will be
collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.
(7) No later than June 30th of each year commencing no later than July 1, 2022
for Tier One Commercial Edible Food Generators and July 1, 2024 for Tier
Two Commercial Edible Food Generators, they shall provide an annual Edible
Food Recovery report to the Designee for Edible Food Recovery that
includes, but is not limited to, the following information: a list of all contracts
with Food Recovery Organizations and Food Recovery Services, the amount
and type of Edible Food donated to Food Recovery Organizations and Food
Recovery Services, the schedule of Edible Food pickup by Food Recovery
Organizations and Food Recovery Services, a list of all types of Edible Food
categories they generate, such as “baked goods,” that are not accepted by
the Food Recovery Organizations and Food Recovery Services with whom
they contract, the contact information for the manager and all staff responsible
for Edible Food Recovery, and certification that all staff responsible for Edible
Food Recovery have obtained a food handler card through an American
National Standards Institute (ANSI) accredited training provider that meets
ASTM International E2659-09 Standard Practice for Certificate Programs,
such as ServSafe. With the exception of the food safety and handling training
certification, Tier One and Tier Two Commercial Edible Food Generators may
coordinate with their Edible Food Recovery contractors to supply this
information. The Designee for Edible Food Recovery will assist in the
preparation of these reports by providing guidance and a template located on
the County of San Mateo Office of Sustainability website.
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(8) Mandate their Edible Food Recovery staff learn and follow the donation
guidelines and attend trainings conducted by Food Recovery Organizations
or Food Recovery Services with which they contract regarding best practices
and requirements for the timely identification, selection, preparation, and
storage of Edible Food to ensure the maximum amount of Edible Food is
recovered and to avoid supplying food for collection that is moldy, has been
improperly stored, or is otherwise unfit for human consumption.
(9) Tier One and Tier Two Commercial Edible Food Generators who self -haul
Edible Food shall require those transporting Edible Food for recovery to obtain
a food handler card through an American National Standards Institute (ANSI)
accredited training provider that meets ASTM International E2659 -09
Standard Practice for Certificate Programs, such as ServSafe and follow the
best practices and standards for proper temperature control, methods, and
procedures for the safe handling and transport of food.
(d) 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 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).
8.15.060 Requirements for Food Recovery Organizations and Services.
(a) Food Recovery Services operating in the City and collecting or receiving Edible Food
directly from Tier One and/or Tier Two Commercial Edible Food Generators via a
contract or written agreement established under the requirements of this Chapter,
shall maintain the following records:
(1) The name, address, and contact information for each Tier One and Tier Two
Commercial Edible Food Generator from which the service collects Edible
Food.
(2) The quantity in pounds of Edible Food by type collected from each Tier One
and Tier Two Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food by type transported to each Food
Recovery Organization or redistribution site per month.
(4) The name, address, and contact information for each Food Recovery
Organization or redistribution site that the Food Recovery Service transports
Edible Food to for Edible Food Recovery.
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(b) Food Recovery Organizations operating in the City and collecting or receiving Edible
Food directly from Tier One and/or Tier Two Commercial Edible Food Generators
via a contract or written agreement established under the requirements of this
Chapter, or receiving Edible Food from Food Recovery Services or from other Food
Recovery Organizations, shall maintain the following records:
(1) The name, address, and contact information for each Tier One and Tier Two
Commercial Edible Food Generator, Food Recovery Service, or other Food
Recovery Organization from which the organization collects or receives Edible
Food.
(2) The quantity in pounds of Edible Food by type collected or received from each
Tier One or Tier Two Commercial Edible Food Generator, Food Recovery
Service, or other Food Recovery Organization per month.
(3) The name, address, and contact information for other Food Recovery
Organizations or redistribution sites that the Food Recovery Organization
transports Edible Food to for Edible Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services operating in the City
shall inform Tier One and Tier Two Commercial Edible Food Generators from which
they collect or receive Edible Food about California and Federal Good Samaritan
Food Donation Act protection in written communications, such as in their contract or
agreement established as required by this Ordinance.
(d) Commencing no later than July 1, 2022, Food Recovery Organizations and Food
Recovery Services operating in the City and collecting or receiving Edible Food from
Tier One and Tier Two Commercial Edible Food Generators or any other source
shall report to the Designee for Edible Food Recovery the following: a detailed Edible
Food activity report of the information collected as required under this Ordinance,
including weight in pounds by type and source of Edible Food, the
schedule/frequency of pickups/drop-offs of Edible Food from/to each Edible Food
source or redistribution site, brief analysis of any necessary process improvements
or additional infrastructure needed to support Edible Food Recovery efforts, such as
training, staffing, refrigeration, vehicles, etc., and an up to date list of Tier One and
Tier Two Commercial Edible Food Generators with whom they have contracts or
agreements established as required under this Ordinance. The Designee for Edible
Food Recovery will assist in the preparation of these reports by providing guidance
and a template located on the County of San Mateo Office of Sustainability website.
This Edible Food activity report shall be submitted quarterly, o r at the discretion of
the Designee for Edible Food Recovery, less frequently, and shall cover the activity
that occurred since the period of the last submission.
(e) Food Recovery Organizations and Food Recovery Services operating in the City
shall contact the Designee for Edible Food Recovery to discuss the requirements of
this Chapter before establishing new contracts or agreements with Tier One or Tier
Two Commercial Edible Food Generators and in order to maintain existing
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contracts or agreements for the recovery of Edible Food with Tier One and Tier
Two Commercial Edible Food Generators.
(f) In order to provide the required records to the State, the City, or the Designee for
Edible Food Recovery, and Tier One or Tier Two Commercial Edible Food
Generators, contracts between Food Recovery Organizations and Food Recovery
Services operating in the City and Tier One and Tier Two Commercial Edible Food
Generators shall either:
(1) Use the Model Food Recovery Agreement developed by the State of
California’s Department of Resources Recycling and Recovery (CalRecycle,)
and include a clause requiring the Food Recovery Organization or Food
Recovery Service to report to the Tier One and Tier Two Commercial Edible
Food Generators with whom they have contracts the annual amount of Edible
Food recovered and to inform them of the tax benefits available to those who
donate Edible Food to non-profits
(2) Or include in their contracts the following elements:
(A) List/description of allowable foods the Food Recovery
Organization/Food Recovery Service will receive.
(B) List/description of foods not accepted by the Food Recovery
Organization/Food Recovery Service.
(C) Conditions for refusal of food.
(D) Food safety requirements, training, and protocols.
(E) Transportation and storage requirements and training.
(F) A protocol for informing the Tier One or Tier Two Commercial
Edible Food Generators of a missed or delayed pickup.
(G) Notice that donation dumping is prohibited.
(H) Provisions to collect sufficient information to meet the record-
keeping requirements of this Chapter.
(I) Fees/financial contributions/acknowledgement of terms for the
pickup and redistribution of Edible Food.
(J) Terms and conditions consistent with the CalRecycle Model
Food Recovery Agreement.
(K) Information supplying the Tier One or Tier Two Commercial
Edible Food Generators with the annual amount of Edible Food
recovered and informing them of the tax benefits that may be
available to those who donate Edible Food to non-profits.
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(L) Contact name, address, phone number, and email for both
responsible parties, including the current on-site staff
responsible for Edible Food Recovery.
(M) Food Recovery Organizations accepting self-hauling of Edible
Food from Tier One and Tier Two Commercial Edible Food
Generators must provide a schedule, including days of the week
and acceptable times for drop-offs, and information about any
limitation on the amount of food accepted, and/or the packaging
requirements or other conditions of transport, such as, but not
limited to, maintaining proper temperature control, and other
requirements for the safe handling and transport of food, the
self-hauler must follow for the Edible Food to be accepted.
(g) Food Recovery Organizations and Food Recovery Services operating in the City
shall demonstrate that all persons, including volunteers and contracted workers
using their own vehicle, involved in the handling or transport of Edible Food, have
obtained a food handler card through an American National Standards Institute
(ANSI) accredited training provider that meets ASTM International E2659-09
Standard Practice for Certificate Programs, such as ServSafe.
(h) Food Recovery Organizations and Food Recovery Services operating in the City
shall use the appropriate temperature control equipment and methods and maintain
the required temperatures for the safe handling of Edible Food recovered from Tier
One and Tier Two Commercial Edible Food Generators for the duration of the
transportation of the Edible Food for redistribution, including Edible Food transported
by private vehicles.
(i) In order to ensure recovered Edible Food is eaten and to prevent donation dumping,
Food Recovery Organizations and Food Recovery Services operating in the City
shall provide documentation that all redistribution sites which are not themselves
Food Recovery Organizations to which they deliver Edible Food have a feeding or
redistribution program in place to distribute, within a reasonable time, all the Edible
Food they receive. Such documentation may include a website address which
explains the program or pamphlets/brochures prepared by the redistribution site.
(j) Food Recovery Organizations and Food Recovery Services operating in the City
unable to demonstrate a positive reduction in GHG emissions for their Edible Food
Recovery operational model cannot contract with Tier One and Tier Two Commercial
Edible Food Generators in the City for the purpose of recovering Edible Food as
defined in this Ordinance. Food Recovery Organizations and Food Recovery
Services contracting to recover Edible Food from a Tier One and Tier Two
Commercial Edible Food Generator for redistribution shall consult with the City’s
Designee for Edible Food Recovery to document that their overall operational model
will achieve a greenhouse gas emissions reduction. Such review may analyze route
review, miles traveled for pick-up and redistribution, amount of food rescued, and the
likelihood of consumption after redistribution.
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(k) Food Recovery Organizations and Food Recovery Services operating in the City
shall visually inspect all Edible Food recovered or received from a Tier One and Tier
Two Commercial Edible Food Generator. If significant spoilage is found, or if the food
is otherwise found to be unfit for redistribution for human consumption, Food
Recovery Organizations and Food Recovery Services shall immediately notify the
Designee for Edible Food Recovery using the process found on the County of San
Mateo Office of Sustainability’s website. The notice shall include:
(1) The type and amount, in pounds, of spoiled food or food unfit for redistribution
for human consumption, or provide a photographic record of the food, or both.
(2) The date and time such food was identified.
(3) The name, address and contact information for the Tier One or Tier Two
Commercial Edible Food Generator which provided the food.
(4) The date and time the food was picked up or received.
(5) A brief explanation of why the food was rejected or refused.
(l) Contracts between Tier One or Tier Two Commercial Edible Food Generators and
Food Recovery Organizations or Food Recovery Services shall not include any
language prohibiting Tier One or Tier Two Commercial Edible Food Generators from
contracting or holding agreements with multiple Food Recovery Organizations or
Food Recovery Services listed on the County of San Mateo Office of Sustainability
website.
(m) Food Recovery Organizations and Food Recovery Services operating in the City
shall conduct trainings and develop educational material such as donation guidelines
and handouts to provide instruction and direction to Tier One and Tier Two
Commercial Edible Food Generators with whom they contract regarding best
practices and requirements for the timely identification, selection, p reparation, and
storage of Edible Food to ensure the maximum amount of Edible Food is recovered
and to avoid the collection of food that is moldy, has been improperly stored, or is
otherwise unfit for human consumption.
(n) Edible Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to
support Edible Food Recovery capacity planning assessments or other such
studies, Food Recovery Services and Food Recovery Organizations
operating in the City shall provide information and consultation to the City and
its Designee for Edible Food Recovery upon request, regarding existing, or
proposed new or expanded, Edible Food Recovery capacity that could be
accessed by the City and its Tier One and Tier Two Commercial Edible Food
Generators. A Food Recovery Service or Food Recovery Organization
contacted by the City or its Designee for Edible Food Recovery shall respond
to such requests for information within 60 days.
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(o) Allow City’s enforcement entity or their Designee for Edible Food Recovery to access
the premises and inspect procedures and review records related to Edible Food
Recovery and/or provide them electronically if requested by the City or the Designee
for Edible Food Recovery.
8.15.070 Requirements for Haulers and Facility Operators.
(a) Requirements for Haulers
Exclusive Franchised Hauler
(1) Exclusive franchised hauler providing residential, Commercial, or industrial
Organic Waste collection services to generators within the City’s boundaries
shall meet the following requirements and standards as a condition of
approval of a contract, agreement, or other authorization wi th the City to
collect Organic Waste:
(A) Through written notice to the City annually on or before January 31st
identify, for customers with three container collection, the facilities to
which they will transport Organic Waste including facilities for Source
Separated Recyclable Materials and Source Separated Green
Container Organic Wastes and black container waste.
(B) For customers with three container collection, transport Source
Separated Blue Container Waste to a facility that recovers those
materials and Source Separated Green Container Organic Waste to a
facility, operation, activity, or property that recovers Organic Waste as
defined in 14 CCR, Division 7, Chapter 12, Article 2.
For customers with two container collection, transport Source
Separated Blue Container Waste to a facility that recovers those
materials and black container waste to a high diversion organic waste
processing facility.
(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 C&D in a manner that complies
with 14 CCR Section 18989.1and the City’s C&D Ordinance.
(2) Franchised hauler with authorization to collect Organic Waste shall comply
with education, equipment, signage, container labeling, container color,
contamination monitoring, reporting, and other requirements contained within
its franchise agreement, permit, license, or other agreement entered into with
City.
(b) Requirements for Facility Operators and Community Composting Operations
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(1) Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in-vessel digestion facilities,
and publicly-owned treatment works shall, upon 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. Entities
contacted by the City shall respond within 60 days.
(2) 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.
8.15.080 Self-Hauler Requirements.
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste
(materials that the City otherwise requires generators to separate for collection in the
City’s organics and recycling collection program) generated on-site from Solid Waste
in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul
Organic Waste to a High Diversion Organic Waste Processing Facility as specified
in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that
recovers those materials; and haul their Source Separated Green Container Organic
Waste to a Solid Waste facility, operation, activity, or property that processes or
recovers Source Separated Organic Waste. Alternatively, Self -Haulers may haul
Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each
Solid Waste facility, operation, activity, or property that processes or recovers
Organic Waste; this record shall be subject to Inspection by the City. The records
shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the generator to
each entity.
(3) If the material is transported to an entity that does not have scales on-site, or
employs scales incapable of weighing the Self-Hauler’s vehicle in a manner
that allows it to determine the weight of materials received, the Self -Hauler is
not required to record the weight of material but shall keep a record of the
entities that received the Organic Waste.
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(d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers)
shall provide information collected in Section 8.15.080(c) to City if requested.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required
to record or report information in Section 8.15.080(c) and (d).
8.15.090 Procurement Requirements for City Departments, Direct Service Providers,
and Vendors
(a) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled-Content Paper Products and
Recycled-Content Printing and Writing Paper that consists of at least 30
percent, by fiber weight, postconsumer fiber instead of non-recycled products.
(2) Provide Paper Products and Printing and Writing Paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
(3) Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing Paper
offered or sold to the City. This certification requirement may be waived if the
percentage of postconsumer material in the Paper Products, Printing and
Writing Paper, or both can be verified by a product label, catalog, invoice, or
a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, which may be electronic,
that the Paper Products and Printing and Writing Paper offered or sold to the
City is eligible to be labeled with an unqualified recyclable label as defined in
16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5) Provide records to the City’s Recovered Organic Waste Product procurement
recordkeeping Designee, in accordance with the City’s Recycled-Content
Paper procurement policy(ies) of all Paper Products and Printing and Writing
Paper purchases within thirty (30) days of the purchase (both recycled-
content and non-recycled content, if any is purchased) made by any division
or department or employee of the City. Records shall include a copy
(electronic or paper) of the invoice or other documentation of purchase,
written certifications as required in Sections 8.15.090(b)(3) and 8.15.090(b)(4)
of this Chapter for recycled-content purchases, purchaser name, quantity
purchased, date purchased, and recycled content (including products that
contain none), and if non-recycled content Paper Products or Printing and
Writing Papers are provided, include a description of why Recycled-Content
Paper Products or Printing and Writing Papers were not provided.
(c) All vendors providing compost to the City shall:
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Provide compost that meets the definition in Section 8.15.010(j) of this
Chapter.
(d) All vendors providing mulch to the City shall:
Provide SB 1383 eligible mulch that meets the definition in Section
8.15.010(ggg) of this Chapter.
8.15.100 Inspections and Investigations by City
(a) City representatives and/or its designated entity, including the Designee for Edible
Food Recovery are authorized to conduct Inspections and investigations, at random
or otherwise, of any collection container, collection vehicle load s, or transfer,
processing, or disposal facility for materials collected from generators, or Source
Separated materials to confirm compliance with this Ordinance by Organic Waste
Generators, Commercial Businesses (including Multi-Family Residential Dwellings),
property owners, Tier One and Tier Two Commercial Edible Food Generators,
haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations,
subject to applicable laws.
This Section does not allow the City to enter the interior of a private residential
property for Inspection.
For the purposes of inspecting Commercial Business containers for compliance
with Section 8.15.030(b), the City may conduct container Inspections for Prohibited
Container Contaminants using Remote Monitoring, and Commercial Businesses
shall accommodate and cooperate with the Remote Monitoring pursuant to Section
8.15.030(k).
(b) Regulated entity shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with the City’s
employee or its designated entity or Designee for Edible Food Recovery during such
Inspections and investigations. Such Inspections and investigations may include
confirmation of proper placement of materials in containers, Edible Food Recovery
activities, records, or any other requirement of this Chapter described herein. Failure
to provide or arrange for: (i) access to an entity’s premises; (ii) installation and
operation of Remote Monitoring equipment; or (ii) access to records for any
Inspection or investigation is a violation of this Chapter and may result in penalties
described.
(c) Any records obtained by City or Designee for Edible Food Recovery during its
Inspections, Remote Monitoring, and other reviews shall be subject to the
requirements and applicable disclosure exemptions of the Public Records Act as set
forth in Government Code Section 6250 et seq.
(d) City representatives, its designated entity, and/or Designee for Edible Food
Recovery are authorized to conduct any Inspections, Remote Monitoring, or other
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investigations as reasonably necessary to further the goals of this Chapter, subject
to applicable laws.
(e) City and Designee for Edible Food shall receive written complaints from persons
regarding an entity that may be potentially non-compliant with SB 1383 Regulations,
including receipt of anonymous complaints.
8.15.110 Enforcement
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a
Notice of Violation and assessment of a fine by a City Enforcement Official, Designee
for Edible Food Recovery, or representative. Enforcement Actions under this
Chapter are issuance of an administrative citation and assessment of a fine. The
City’s procedures on imposition of administrative fines set forth in Chapter 1.12 of
the Burlingame Municipal Code are hereby incorporated in their entirety, as modified
from time to time, and shall govern the imposition, enforcement, collection, and
review of administrative citations issued to enforce this Chapter and any rule or
regulation adopted pursuant to this Chapter, except as otherwise indicated in this
Chapter.
(b) Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. City or Designee for Edible Food Recovery may pursue
civil actions in the California courts to seek recovery of unpaid administrative
citations. City or Designee for Edible Food Recovery may choose to delay court
action until such time as a sufficiently large number of violations, or cumulative size
of violations exist such that court action is a reasonable use of City or Designee for
Edible Food Recovery staff and resources.
(c) Responsible Entity for Enforcement
Enforcement pursuant to this Ordinance may be undertaken by the City
Enforcement Official, which may be the City Manager or their designated entity, legal
counsel, Designee for Edible Food Recovery, or combination thereof.
(2) Enforcement may also be undertaken by a Regional Agency Enforcement
Official or Designee for Edible Food Recovery, designated by the City, in
consultation with City Enforcement Official.
(A) City Enforcement Official(s) (and Regional Agency or Designee for
Edible Food Recovery, if using) will interpret Ordinance; determine the
applicability of waivers, if violation(s) have occurred; implement
Enforcement Actions; and, determine if compliance standards are met.
(B) City Enforcement Official(s) (and Regional Agency Enforcement
Official, if using or Designee for Edible Food Recovery) may issue
Notices of Violation(s).
(d)
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Process for Enforcement
(1) City Enforcement Officials or Regional Enforcement Officials and/or their
Designee for Edible Food Recovery will monitor compliance with the
Ordinance randomly and through Compliance Reviews, Route Reviews,
investigation of complaints, and an Inspection program (that may include
Remote Monitoring). Section 8.15.100 establishes City’s and Designee for
Edible Food Recovery’s right to conduct Inspections and investigations.
(2) City or their Designee for Edible Food Recovery may issue an offic ial
notification to notify regulated entities of its obligations under the Ordinance.
(3) For incidences of Prohibited Container Contaminants found in containers, City
will issue a Notice of Violation to any generator found to have Prohibited
Container Contaminants in a container. Such notice will be provided via a cart
tag or other communication immediately upon identification of the Prohibited
Container Contaminants or within 60 days after determining that a violation
has occurred. If the City observes Prohibited Container Contaminants in a
generator’s containers on more than three (3) consecutive occasion(s), the
City may assess contamination processing fees or contamination penalties on
the generator.
The City or its Designee for Edible Food Recovery will issue a Notice of
Violation to any Tier One or Tier Two Commercial Edible Food Generator
found to have Edible Food in any waste container or to any Food Recovery
Organization or Food Recovery Service found to have Edible Food
recovered from a Tier One or Tier Two Edible Food Generator in a waste
collection container which has not been documented by a notice of
significant spoilage as required in this Ordinance. Such notice will be
provided by email communication immediately upon identification of the
violation or within three (3) calendar days after determining that a violation
has occurred. If the City or its Designee for Edible Food Recovery observes
Edible Food in a Tier One or Tier Two Commercial Edible Food Generator,
or Food Recovery Organization, or Food Recovery Service waste container
on more than two (2) consecutive occasion(s), the City or its Designee for
Edible Food Recovery may assess an administrative citation and fine,
pursuant to the Edible Food Recovery penalties provisions contained in this
Ordinance, on the Tier One or Tier Two Commercial Edible Food Generator,
Food Recovery Organization, or Food Recovery Service.
(4) With the exception of violations of generator contamination of container
contents addressed under Section 17(d)(3), City shall issue a Notice of
Violation requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the
Notice of Violation, City shall commence an action to impose penalties, via an
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administrative citation and fine, pursuant to Chapter 1.12 of the Burlingame
Municipal Code.
For the purposes of Edible Food Recovery, the Designee for Edible Food
Recovery shall commence an action to impose penalties, via an
administrative citation and fine, pursuant to the Edible Food Recovery
penalties provisions contained in this Ordinance.
Notices shall be sent to “owner” at the official address of the owner maintained
by the tax collector for the City or if no such address is available, to the owner
at the address of the dwelling or Commercial property or to the party
responsible for paying for the collection services, depending upon available
information
(e) Penalty Amounts for Types of Violations
Consistent with Chapter 1.12 of the Burlingame Municipal Code, the penalty levels
are as follows:
(1) For a first violation, the amount of the base penalty shall be $100 per violation.
(2) For a second violation, the amount of the base penalty shall be to $200 per
violation.
(3) For a third or subsequent violation, the amount of the base penalty shall
be$500 per violation.
(f) Compliance Deadline Extension Considerations
The City or Designee for Edible Food Recovery may extend the compliance
deadlines set forth in a Notice of Violation issued in accordance with 8.15.110 if it
finds that there are extenuating circumstances beyond the control of the respondent
that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies
or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency
approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food
Recovery capacity and the City is under a corrective action plan with
CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(g) Appeals Process
Persons receiving an administrative citation containing a pe nalty for an uncorrected
violation may request a hearing to appeal the citation. A hearing will be held only if
it is requested within the time prescribed and consistent with the City or Designee
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for Edible Food Recovery’s procedures in the City’s or Designee for Edible Food
Recovery’s codes for appeals of administrative citations. Evidence may be
presented at the hearing. The City or Designee for Edible Food Recovery will
appoint a hearing officer who shall conduct the hearing and issue a final written
order.
(h) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City or Designee for
Edible Food Recovery (for edible food generator and food recovery organization
and service requirements) may conduct Inspections, Remote Monitoring, Route
Reviews or waste evaluations, and Compliance Reviews, depending upon the type
of regulated entity, to determine compliance, and if City or Designee for Edible
Food Recovery determines that Organic Waste Generator, Self -Hauler, hauler, Tier
One Commercial Edible Food Generator, Food Recovery Organization, Food
Recovery Service, or other entity is not in compliance , it shall provide educational
materials and/or, for the purposes of Edible Food Recovery, training to the entity
describing its obligations under this Ordinance and a notice that compliance is
required by January 1, 2022, and that violations may be subject to administrative
civil penalties starting on January 1, 2024.
(i) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City or Designee for Edible Food Recovery
(Designee for Edible Food determination only for Tier 1 and Tier 2 Commercial
Edible food generator and food recovery organization and service requirements)
determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier
Two Commercial Edible Food Generator, Food Recovery Organization, Food
Recovery Service, or other entity is not in compliance with this Ordinance, it shall
document the noncompliance or violation, issue a Notice of Violation, and take
Enforcement Action pursuant to Section 8.15.110, as needed.
8.15.120 Effective Date
This Ordinance shall be effective commencing on January 1, 2022.
8.15.130 Resolution of Conflict Between Chapter 8.15 other Provisions of the
Burlingame Municipal Code.
When conflicting provisions or requirements occur between this code and other codes or
laws, the most restrictive shall govern. When this Chapter directly conflicts with Chapter
8.16 of the Burlingame Municipal Code, the provisions or requirements of this Chapter
shall apply.
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