HomeMy WebLinkAboutOrdinances - No. 1994ORDINANCE NO. 1994
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL TITLE 13 — PUBLIC SERVICES —
BY REPEALING AND REENACTING CHAPTER 13.16, "SOLID
WASTE," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.16 entitled "Solid Waste" is hereby repealed and
reenacted in its entirety to read as follows:
CHAPTER 13.16 SOLID WASTE
Sections:
13.16.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following
definitions apply:
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.
B. "CalRecycle" means California's Department of Resources and Recycling and
Recovery, which is the Department designated with responsibility for developing,
implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).
C. "California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references in this section are preceded with a number that refers
to the relevant Title of the CCR (e.g., 14 CCR" refers to Title 14 of CCR)
D. "Collection" means the act of collecting refuse at the place of waste generation by an
approved collection agent (public or private) and is distinguished from "removal."
E. "Collection vehicle or equipment" means and includes any vehicle or equipment used
in the collection of residential refuse or commercial or industrial solid wastes.
F. "Commercial customers", "Commercial Business" or "Commercial" means all
commercial (non -manufacturing) enterprises within the city limits except industrial
customers, or a multi -family residential dwelling, or as otherwise defined in 14 CCR
Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than
five (5) units is not a Commercial Business for purposes of implementing this
ordinance
G. "Compliance Review" means a review of records by the City to determine compliance
with this chapter.
H. "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
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Separated from the municipal Solid Waste stream, or which are separated at a
centralized facility.
"Construction/demolition waste" or "C&D" means used or discarded materials
generated within the city limits during the construction, remodeling, renovation, or
demolition on residential and commercial buildings and any other structure or
pavement
"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).
K. "Container service" means the type of refuse removal consisting of containers ranging
from one cubic yard to fifty cubic yards, typically for large volume refuse generators.
L. "Contract" means the written agreement covering the performance of the work,
including, but not limited to, the formal agreement, and special provisions, affidavits
and certificates of equal opportunity employment, certificate of worker's compensation
insurance, the proposal, contract specifications, and performance bond.
M. "Contractor" means the individual, partnership, corporation, joint venture or other legal
entity entering into a contract with the city to perform the work. When modified by the
phrase "as constituted," it means the partnership, corporation, or other legal entity as
organized and existing, with the same majority shareholders, as determined at the
time of the execution of a contract between the contractor and the city.
N. "Designee" means an entity that the City contracts with or otherwise arranges to carry
out any of the City's responsibilities of this chapter as authorized in 14 CCR Section
18981.2. A Designee may be a government entity, a hauler, a private entity, or a
combination of those entities.
O. "Disposal site" means and includes the place, location, tract of land, area, or premises
in use, intended to be used, or which has been used for the landfill disposal of solid
wastes.
P. "Enforcement Action" means an action of the County to address non-compliance with
this chapter including, but not limited to, issuing administrative citations, fines,
penalties, or using other remedies.
Q. "Excluded Waste" means hazardous substance; hazardous waste; infections waste;
designated waste; volatile waste; corrosive waste; medical waste; regulated
radioactive waste; and toxic substances or material that any facility operator which
receives materials from the City and its Generators reasonably believes would, as a
result of or upon acceptance, transfer, processing, or disposal, be a violation of local,
State, or Federal law, regulation or ordinance. This includes used motor oil and filters;
household batteries; universal wastes; and/or latex paint; land use restrictions or
conditions; waste that cannot be disposed of in Class III landfills or accepted at the
facility by permit conditions; waste that in the City's, or its Designee's reasonable
opinion would present a significant risk to human health or the environment, cause a
nuisance or otherwise create or expose City, or its Designee, to potential liability.
R. "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.
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S. "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.
T. "Food Waste" means Food Scraps and Food -Soiled Paper.
U. "Garden (green) waste" means refuse consisting of grass, leaves, wood chips, green
plants, weeds, tree branches, and garden trimmings.
V. "Generator" means a person or entity that is responsible for the initial creation of any
waste material.
W. "Gray Container" has the same meaning as in 14 CCR Section 18982.2(x)(28) and
shall be used for the purpose of storage and collection of Gray Container Waste.
X. "Gray Container Waste" means Solid Waste that is collected in a Gray Container that
is part of a three -container Organic Waste collection service that prohibits the
placement of Organic Waste in the Gray Container as specified in 14 CCR Sections
18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
Y. "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and
shall be used for the purpose of storage and collection of Source Separated Green
Container Organic Waste.
Z. "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€ for Organic
Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR
Section 17402(x)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
AA. "Industrial customer" means all manufacturing enterprises who generate industrial
waste within the city limits except commercial customers. The city manager or other
designee shall determine whether a customer is "industrial" or "commercial."
BB. "Industrial waste" means solid waste originating from manufacturing facilities and
factories within the city limits including construction and demolition projects. Industrial
waste also means solid waste produced by any person, firm, or corporation primarily
engaged in the business of processing and manufacturing for the purpose of
wholesale.
CC. "Inspection" means a site visit where the City or its Designee reviews records,
containers, and an entity's collection, handling, recycling, or landfill disposal of Organic
Waste to determine if the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14 CCR Section 18982(a)(35).
DD. "Mixed Waste" or "Mixed Waste Organic Collection Stream" means organic waste
collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or
18984.3 to be transported to a High Diversion Organic Waste Processing Facility.
EE. "Multi -cart service" means the type of refuse removal designed for source separating
into three carts. One cart for non -recyclable materials and non -green waste, one cart
for recyclable materials, and one cart for green waste. This type of service is generally
for lower volume refuse generators with carts of less than one hundred gallons.
FF. "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
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include hotels, motels, or other transient occupancy facilities, which are considered
Commercial Businesses.
GG. "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).
HH. "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).
il. "Organic Waste" means Solid Wastes containing material originated from living
organisms and their metabolic waste products, including but not limited to food, green
material, landscaped 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).
JJ. "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).
KK. "Paper Products" include, but are not limited to, copy, 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).
LL. "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).
MM. "Prohibited Container Contaminants" means the following: (1) material placed in a
container under the system provided by the customer's Licensed Collector, or (2)
Excluded Waste placed in any container.
NN. "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).
00. "Recycling" means the process by which salvaged materials become usable products.
PP. "Refuse" means any and all discarded items and substances of every kind, including
salvageable or recyclable materials, and garden (green) wastes, but not including
sewage, septic tank contents, infectious wastes, or hazardous wastes as defined by
state and/or federal law.
QQ. "Removal" means the act of taking solid wastes from the place of waste generation
either by an approved collection agent or by a person in control of the premises.
RR. "Residential customer" means all residences within the city limits, including single-
family and multi -family dwellings.
SS. "Route Review" means a visual Inspection of containers along a Collector Route for
the purpose of determining Container Contamination, and may include mechanical
Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR
Section 18982(a)(65).
TT. "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)
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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.
UU. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes
of this chapter, 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.
W. "Self -Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable
material that is self -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.
WW. "Single -Family" means of, from, or pertaining to any residential premises with fewer
than five (5) units. "Solid Waste" means all putrescible and nonputrescible solid,
semisolid, and liquid wastes, including but not limited to organic waste, garbage, trash,
refuse, paper, rubbish, industrial wastes, demolition and construction wastes
abandoned vehicles and parts thereof, discarded home and industrial appliances,
dewatered, 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.
XX. "Source Separated" means materials, including commingled recyclable materials, that
have been separated or kept separate from the Solid Waste stream, at the point of
generation, for the purpose of additional sorting or processing those materials for
recycling or reuse in order to return them to the economic mainstream in the form of
raw material for new, reused, or reconstituted products, which meet the quality of
standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR
Section 17402.5(b)(4). For the purpose 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 Gray Container Waste or other Solid Waste for the purposes of
collection and processing.
YY. "Source Separated Blue Container Organic Waste" means Source Separated Organic
Wastes that can be placed in a Blue Container that is limited to the collection of those
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Organic Wastes and Non -Organic Recyclables as defined in 14 CCR Section
18982(a)(43), or as otherwise defined by 14 CCR Section 17402(x)(18.7).
ZZ. "Source Separated Green Container Organic Waste" means Source Separated
Organic Waste that can be placed in a Green Container that is specifically intended
for the separate collection of Organic Waste by the generator excluding hazardous
wood waste, and Non-Compostable Paper.
AAA. "Source Separated Recyclable Materials" means Source Separated Non -Organic
Recyclables and Source Separated Blue Container Organic Waste.
BBB. "Subcontractor" means the individual, partnership, or corporation or other legal entity
entering into a contract with the contractor to perform a portion of the work.
CCC. "Transfer station/resource recovery facility" means and includes those facilities utilized
to receive solid wastes, temporarily store, separate, convert or otherwise process the
materials in the solid wastes, or to transfer the solid wastes directly from smaller to
larger vehicles for transport to their final place of disposition.
13.16.020 Required services—Exceptions.
A. Every person owning or occupying residential or commercial premises within the city limits
shall utilize the refuse collection and transportation services of the contractor for which the
city has contracted, and shall pay the fees for those services as set by the city. Each owner
or occupier of residential or commercial property shall directly arrange with the city or its
designee for the provision of services. The city may cause to be removed, at the expense of
the owner or occupier of any premises, any refuse not collected due to the failure or refusal
of the owner or occupier of the premises to arrange or pay for the contractor's services.
B. Exceptions. Notwithstanding any other provision of this chapter, any person or firm may
apply to the city for a permit, for which a fee may be charged, to transport and dispose of
refuse accumulated or generated on the premises, utilizing his or its own vehicles and
equipment. Any such permit shall require that all vehicles used to transport refuse shall be
constructed, maintained and operated so that liquids or refuse will not blow, fall, sift or leak,
and shall be maintained to prevent unnecessary noise. The permittee shall pick up any refuse
dropped or deposited in the process of transporting it to the disposal site. Nothing in this
paragraph shall be construed to mean any customer may undertake refuse collection,
transportation or disposal services for any other person or firm under any circumstances.
13.16.030 Contract for refuse collection and transportation.
The city has the exclusive right and duty to collect and transport refuse within the city limits, under
such terms and conditions as it deems necessary for the public health, safety and well-being; and
it may contract with a contractor for the provision of those services.
13.16.040 All requests for service to be met.
The contractor shall provide refuse collection and transportation services to all customers within
the area specified in its contract except for industrial waste. The contractor shall not be required
to service oversized, overweight or unsafe containers, or to remove hazardous waste, or to
remove waste where it is unsafe to do so.
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13.16.050 Placement of containers.
A. Residential. Residential customers utilizing refuse carts shall place containers in the gutter
immediately adjacent to the curb or other areas as approved by the public works director. All
containers must be placed in a location readily accessible to the contractor, free of obstacles.
The placement shall also not impede pedestrian (including wheelchair) sidewalk access.
Containers shall be maintained in accordance with Lodi Municipal Code Title 17 —
Development Code — Chapter 17.14, "General Property Development and Use Standards,"
Section 17.14.090, "Solid Waste Collection and Storage Areas." Failure to meet any of these
conditions shall constitute cause for the contractor's refusal to perform collection services.
The contractor shall, after collection, return containers/carts to the location from which they
were collected.
B. Commercial. Commercial customers shall place refuse in a location on their premises in an
approved location that is readily accessible to the contractor's collection vehicles, and that
has received the contractor's prior approval as conforming to its specifications and
requirements for refuse container facilities. The contractor shall make such specifications
and requirements available upon request by a customer. Failure to place containers in an
approved location shall constitute cause for the contractor's refusal to perform refuse
services.
C. Any gate to the container storage area must be maintained by the property owner in good
working condition, and shall be left unlocked on the regularly scheduled collection day. Any
animals shall be restrained. Ashes must be cold and bagged, and animal droppings must be
bagged in a nonpermeable material.
13.16.060 Refuse collection and transportation restricted.
Except as provided in this chapter, at any time when there is a contract in force between the city
and any contractor, it shall be unlawful for any person other than the contractor to collect or
transport refuse within the city limits.
This section shall not be construed to prevent customers from hauling occasional loads of refuse
from their own premises to a legal point of disposal.
13.16.070 Limitation on transfer of contract.
No contract entered into pursuant to the provisions of this chapter shall be assigned without prior
consent of the city.
13.16.080 Container maintenance.
It shall be the responsibility of the customer to maintain contractor furnished carts/containers in a
safe and sanitary condition. The contractor shall be responsible for keeping them in good repair,
free from sharp or rough edges, jagged surfaces or other hazards likely to cause injury. All refuse
containers shall be tightly covered.
13.16.090 Hazardous materials.
No person shall deposit in any container used for refuse any explosive or highly flammable,
radioactive, toxic or other hazardous material or substance as defined by state and/or federal law.
However, special arrangements may be made with the contractor for removal of such hazardous
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material if the contractor provides such service. The contractor is under no obligation to remove
hazardous waste.
13.16.100 Billing and collection of fees.
The director of finance is designated as the collector of all refuse fees or charges. Each month,
he/she shall bill every person producing refuse removed by the city or its contractor and adding
the amount of such refuse collection fee or charge to such person's water or electric bill, or, if
such person has not incurred bills for water or electricity, by billing them for refuse collection alone.
If the bill is not timely paid as required within this chapter, the water service and/or the electric
service and/or the refuse service to such delinquent customer may be discontinued. Penalties
and rules pertaining to payment of water and electric bills and to discontinuance and renewal of
water and electric service shall apply to refuse service. It shall be the contractor's responsibility
to notify the city of billing for services to and collecting fees from customers for whom it performs
services on other than a regularly scheduled service.
13.16.110 Monthly rates.
The city shall establish by resolution of the city council a schedule of rates to be charged for the
collection and transportation of refuse within the city limits. Upon adoption, such schedule shall
be published once in the Lodi News Sentinel or a newspaper of general circulation within the city.
Such schedule shall set the rates for refuse collection and refuse permits.
13.16.120 Burning or burial.
It is unlawful for any person to burn or bury within the city any refuse, or to place or deposit upon
any street, alley, place or vacant lot, any of the materials included in the definition of the word
"refuse" in Section 13.16.010.
13.16.130 Unlawful deposit.
A. It is unlawful for any person to throw into or deposit upon any public street, highway or
grounds, or in any gutter or ditch, or upon any private premises, or anywhere except in such
places as may be designated for such purposes by the city, any glass, broken ware, dirt,
rubbish, refuse or filth; nor shall any rubbish, refuse or filth be allowed to remain upon any
private premises.
B. Any refuse, dirt, rubbish, soot, ashes, cinders or filth of every kind in any house, cellar, yard
or any other place, which the city or other legally authorized health officer, for the health of
the city, deems necessary to be removed, shall be carried away therefrom by and at the
expense of the owner or occupant of such house or any place where the same may be found,
and removed beyond the corporate limits or to such place as may be designated by the city
or other legally authorized health officer.
13.16.140 Removal of recyclable material prohibited.
It is unlawful and an infraction for any person, other than the city's designated contractor, to
remove or collect recyclable or salvageable materials placed by any person in a bag or container
labeled for use in connection with a recycling program operated by the contractor.
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13.16.150 Industrial waste collection and transportation restricted.
Except as provided in this chapter and on the conditions contained herein, it shall be unlawful for
any person or firm to collect or transport industrial waste within the city limits of Lodi. The term
"industrial waste" shall not include recyclable materials when such materials are segregated from
other types of waste, as defined in this chapter.
13.16.160 Permit required.
A. No person or firm shall engage in the collection or transportation of industrial waste within
the city without first obtaining from the finance department a nonexclusive permit for such
activities and paying an annual permit fee in an amount to be set from time to time by
resolution of the city council, adopted pursuant to this article. Such permit fee shall be in
addition to any other annual business license fees or franchise fees. The city council finds
and declares that such fee is necessary and proper to defray the costs of required monitoring,
accounting and recordkeeping in order to comply with state solid waste management
statutes including, but not limited to, Public Resources Code Section 40000 et seq.
B. Permittees under this article shall be required to furnish to the city the following:
1. A certificate of insurance for vehicle and general liability in an amount not less than one
million dollars, plus proof of Workers Compensation coverage;
2. Proof of inspection by the California Highway Patrol and/or the San Joaquin County
health department of all vehicles used for the hauling of industrial waste;
3. A bond or suitable guarantee for potential defaults or failures to pay franchise fee in an
amount to be determined by the finance director.
13.16.170 Franchise fee.
All persons or firms engaged in the collection or transportation of industrial waste shall pay to the
city an annual franchise fee equivalent to 4.8 percent of the gross revenues for such collection
and/or transportation.
13.16.180 Industrial waste—Processing through materials recovery facility (MRF).
All persons and firms engaged in the collection and transportation of industrial waste shall channel
all such waste through a materials recovery facility (MRF) licensed by the state of California. Such
MRF may be located inside or outside the city. It shall be the responsibility of the licensee to
provide to the city on a quarterly basis all data and information on the waste stream volume
required under state solid waste reduction statutes. Failure to provide such information may result
in revocation of any permit issued under this division.
13.16.190 Transport by generator of industrial waste—Exemption.
Any person or firm generating industrial waste as defined in this chapter may choose to transport
its own waste for disposal on the following conditions:
A. Self -hauler shall obtain a permit from the city, for which no fee will be charged;
B. All self -hauled industrial waste shall be channeled through a state -licensed materials
recovery facility (MRF);
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C. No waste of any nature from any source other than industrial waste generated by the
self -hauler may be transported under this section.
13.16.200 Single -Family Organic Waste Generators
With the exception of Single -Family Generators that meet the Self -Hauler requirements in Section
13.16.240 of this chapter, a Single -Family Organic Waste Generator shall:
a) Subscribe to City's Organic Waste collection services for all Organic Waste generated as
described below in Subsection (b). 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.
b) Shall participate in the Jurisdiction's 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.
c) 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).
13.16.210 Commercial Businesses
Generators that are Commercial Businesses, including Multi -Family Residential Dwellings, shall -
a) Subscribe to City -approved collection services and comply with requirements of
those services as described below in Subsection (b), except Commercial
Businesses that meet the Self -Hauler requirements in Section 13.16.240 of this
chapter. 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) Place designated materials in designated containers in accordance with the
Collector's collection system. Generator shall not place Prohibited Container
Contaminants in collection containers. Self -haulers shall source separate and haul
their waste materials pursuant to 14 CCR Sections 18984.1, 18984.2 or 18984.3.
c) Supply and allow access in common areas to adequate number, size and location
of collection containers for employees, contractors, tenants, and customers. Such
containers shall have sufficient labels or colors, consistent with their Collector's
collection system. If self -hauling, such labels or colors shall be consistent with
Commercial Business' instructions to support its compliance with its self -haul
program, in accordance with Section 13.16.240.
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.
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e) 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 Gray Container collection service or, if self -
hauling, per the Commercial Businesses' instructions to support its compliance
with its self -haul program in accordance with Section 13.16.240.
f) Annually provide information to employees, contractors, tenants, and customers
about Organic Waste recovery requirements and about proper sorting of Source
Separated Green Container Organic Waste and Source Separated Recyclable
Materials.
g) Provide education information prior to or within fourteen (14) days of occupation of
the premises to new tenants that describe the requirements to keep Prohibited
Container Contaminants out of all containers in accordance with the Collector's
collection system.
h) Provide or arrange access for City or its Designee to their properties during all
Inspections conducted in accordance with Section 13.16.250 of this chapter
i) Accommodate and cooperate with a Remote Monitoring program, which may be
implemented by the City or its Designee at a later date. Such program shall be
used to inspect content of containers for Prohibited Container Contaminants.
j) Meet the Self -Hauler requirements in Section 13.16.240 of this chapter, if a
Commercial Business determines to self -haul.
13.16.220 Waivers for Generators
(a) De Minimis Waivers:
The City may waive a Commercial Business' obligation 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 Organic Waste
material as described in Subsection (a)(2) below.
Commercial Businesses requesting a de minimis waiver shall:
(1) Submit a City -approved application specifying the services that they are requesting a
waiver from and provide documentation as noted in Subsection (a)(2) below.
(2) Provide documentation that either:
(a) The Commercial Business' total Solid Waste collection service is two cubic yards
or more per week and Organic Waste subject to collection in a Blue Container or
Green Container comprises less than 20 gallons per week per applicable container
of the business's total waste; or
(b) The Commercial Business' total Solid Waste collection service is less than two
cubic yards per week and Organic Waste subject to collection in a Blue Container
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or 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.
(b) Physical Space Waiver:
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 premises lacks adequate space for Blue Containers
and/or Green Containers including documentation from its hauler, licensed architect, or
licensed Engineer.
(3) Provide written verification to City that it is still eligible for physical space waiver every
five years, it City has approved application for a physical space waiver.
(c) Collection Frequency Waiver:
City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow
the owner or tenant of any residence, premises, business establishment or industry that
subscribes to the City's Organic Waste collection service to arrange for the collection of
their Blue Container, Gray Container, or both once every fourteen days, rather than once
per week.
(d) All waivers for Generators shall be submitted in writing in a City -approved format and are
subject to review and approval by Public Works.
13.16.230 Requirements for Haulers and Facility Operators
(a) Requirements for exclusive franchised hauler or permitted hauler:
(1) An exclusive franchised hauler or permitted hauler providing residential, Commercial,
or industrial Organic Waste collection services to generators within the City's boundaries
shall comply with all collection requirements contained in SB 1383 regulations.
(2) The exclusive franchised hauler or permitted hauler shall:
(A) Obtain written approval from City to collect Organic Waste within the City,
pursuant to 14 CCR Section 18988.2. An exclusive solid waste collection
contract shall constitute as written approval from the City to haul Organic
Waste. For permitted haulers, a City approved permit shall constitute as
written approval from the City to haul Organic Waste.
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(B) Through written notice to the City annually on or before April 15t of each
year, identify the facilities to which they will transport Organic Waste
including facilities for Source Separated Recyclable Materials, Source
Separated Green Container Organics Waste.
(C) Transport Source Separated Recyclable Materials, 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.
(b) Requirements for Facility Operators and Community Composting Operations:
(1) Owners of facilities, operations, and activities that recover Organic Waste, including,
but not limited to, Compost facilities, in -vessel digestion facilities, and publicly -owned
treatment works shall, upon 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.
13.16.240 Self -Haulers
(a) Self -Haulers shall source separate all recyclable materials and Organic Waste 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.
(d) A residential Organic Waste Generator that self -hauls Organic Waste is not required to record
or report information as required in Subsection (c) above.
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13.16.250 Inspections and Investigations by City or its Designees
(a) City representatives and its Designees are authorized to conduct inspections and
investigations, at random or otherwise, of any collection container, collection vehicle loads, or
transfer, processing, or disposal facility to confirm compliance with this chapter. This shall apply
to Organic Waste Generators, Commercial Businesses, property owners, Permitted Collectors,
and Self -Haulers, subject to applicable laws. This Section does not allow City to enter the interior
of a private residential property for Inspection.
(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 employees or its Designees
during such Inspections and investigations. Such Inspections and investigations may include
confirmation of proper placement of materials in containers, Edible Food Recovery activities,
records, or any other requirement of this chapter described herein. Failure to provide or arrange
for access to an entity's premises or access to records for any Inspection or investigation is a
violation of this chapter and may result in penalties described.
13.16.260 Enforcement
(a) With the exception of Prohibited Container Contaminants violations, 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 Officer. Enforcement actions under this chapter are issuance of a
citation and assessment of a fine. Said procedures and fines, as modified from time to time, shall
govern the imposition, enforcement, collection, and review of citations issued to enforce 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 may purse civil actions in the California courts to seek recovery
of unpaid administrative citations. City may choose to delay court action until such time as a
sufficiently large number of violations, or cumulative size of violations exist such that court action
is a reasonable use of City staff and resources.
(c) Responsible Entity for Enforcement - Enforcement pursuant to this chapter may be
undertaken by the City Enforcement Official, or their Designee, City legal counsel, or a
combination thereof.
(d) Process for Enforcement
(1) The City and/or their Designee will monitor compliance with this chapter randomly and
through Compliance Reviews, Route Reviews, investigation of complaints, and an
Inspection program (that may include Remote Monitoring).
(2) For incidences of Prohibited Container Contaminants found in containers, City or its
Designee 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
immediately upon identification of the Prohibited Container Contaminants, or by other
communication within 14 days after determining that a violation has occurred.
(3) With the exception of violations of generator contamination contents addressed under
Subsection (d)(2) above, City shall issue a Notice of Violation requiring compliance within
60 days of issuance of the notice.
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(4) Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, City shall commence an action to impose penalties via a citation and fine
pursuant to Subsection (e) below.
(e) Civil Penalties for Violation
The penalty levels are as follows:
(1) For a first Notice of Violation, the amount of the civil penalty shall be $50 per violation.
(2) For a second Notice of Violation, the amount of the civil penalty shall be $100 per
violation.
(3) For a third or subsequent Notices of Violation, the amount of the civil penalty shall be
$250 per violation.
(f) Compliance Deadline Extensions
The City Enforcement Officer or their Designee, at their sole discretion, may extend the
compliance deadlines set forth in a Notice of Violation if it finds that extenuating
circumstances exist that make compliance within the deadlines impracticable.
(g) Appeals Process
Persons receiving a citation containing a penalty for an uncorrected violation may request
a hearing to appeal the citation in accordance with Chapter 1.10. A hearing shall be held
only if it is requested within the time prescribed and consistent with the City's procedures
in the City's codes for appeals of citations. Evidence may be presented at the hearing.
The City shall 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 its Designee shall
conduct Inspections, Remote Monitoring, Route Reviews, and Compliance Reviews,
depending upon the type of regulated entity, to determine compliance with this chapter. If
City or its Designee that an entity is not in compliance, City or its Designee shall provide
educational materials to the entity describing its obligations under this chapter and that
violations may be subject to civil penalties starting on January 1, 2024.
(j) Penalties for Non -Compliance
Beginning January 1, 2024, if the City or its Designee 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 this Section 13.16.260.
Page 15 of 17
SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care toward persons or property within the City or outside of the City
so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or application.
To this end, the provisions of this ordinance are severable. The City Council hereby declares that
it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days
after its passage, a summary of the Ordinance may be published at least five (5) days prior to and
fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the
office of the City Clerk pursuant to Government Code section 36933(c)(1).
Attest:42/�7� I M
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PAMELA M. FARRIS
Assistant City Clerk
State of California
County of San Joaquin
Approved this 16th day of March, 2022
MARK CHANDLER
Mayor
I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1994 was introduced at a regular meeting of the City Council of the City of Lodi
held March 2, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held March 16, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES; COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Page 16 of 17
I further certify that Ordinance No. 1994 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approve as to Form:
JANI E MAGDICH
City Attorney
PAMELA M. FARRIS
Assistant City Clerk
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