HomeMy WebLinkAboutOrdinances - No. 2002ORDINANCE NO. 2002
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
OLLOWS:
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 Lodi Municipal Code Chapter 13.16 entitled "Solid Waste" is hereby repealed and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. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined in this Section or as otherwise defined in 14 CCR
Section 18982(a)(73) and (a)(74).
H. "Compliance Review" means a review of records by the City to determine compliance
with this chapter.
Page 1 of 19
I. "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.
J. "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
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. "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.
M. "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.
N. "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.
O. "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.
P. "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.
Q. "Edible Food" means food intended for human consumption, or as defined in 14 CCR
Section 18982(a)(18).
R. "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.
S. "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.
Page 2 of 19
T. "Food Recovery" means actions to collect and distribute food for human consumption
that otherwise would be disposed.
U. "Food Recovery Organization" means an entity that engages in the collection or receipt
of Edible Food from Commercial Edible Food Generators and distributes that Edible
Food to the public for Food Recovery either directly or through other entities or as
otherwise defined in 14 CCR Section 18982(a)(25).
V. "Food Recovery Service" means a person or entity that collects and transports Edible
Food from a Commercial Edible Feed Generator to a Food Recovery Organization or
other entities for Food Recovery.
W. "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.
X. "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.
Y. "Food Waste" means Food Scraps and Food -Soiled Paper.
Z. "Garden (green) waste" means refuse consisting of grass, leaves, wood chips, green
plants, weeds, tree branches, and garden trimmings.
AA. "Generator" means a person or entity that is responsible for the initial creation of any
waste material.
BB. "Gray 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 Gray Container Waste.
CC. "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).
DD. "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.
EE. "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).
FF. "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."
GG. "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.
Page 3 of 19
HH. "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).
II. "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.
JJ. "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.
KK. "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 facilities, which are considered
Commercial Businesses.
LL. "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).
MM. "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).
NN. "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).
00. "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).
PP. "Paper Products" include, but are not limited to, copy, paperjanitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and
toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
QQ. "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).
RR. "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.
SS. "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).
TT. "Recycling" means the process by which salvaged materials become usable products.
UU. "Refuse" means any and all discarded items and substances of every kind, including
salvageable or recyclable materials, and garden (green) wastes, but not including
Page 4 of 19
sewage, septic tank contents, infectious wastes, or hazardous wastes as defined by
state and/or federal law.
W. "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.
WW. "Residential customer" means all residences within the city limits, including single-
family and multi -family dwellings.
XX. "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).
YY. "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.
ZZ. "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.
AAA. "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.
BBB. "Single -Family" means of, from, or pertaining to any residential premises with fewer
than five (5) units.
CCC. "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.
Page 5 of 19
DDD. "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.
EEE. "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
Organic Wastes and Non -Organic Recyclables as defined in 14 CCR Section
18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).
FFF. "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
GGG. "Source Separated Recyclable Materials" means Source Separated Non -Organic
Recyclables and Source Separated Blue Container Organic Waste.
HHH. "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.
III. "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
JJJ. "Tier Two Commercial Edible Food Generator" means 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 greater than
5,000 square feet.
2. Hotel with an on-site Food Facility and 200 or more rooms.
3. Health facility with an on-site Food Facility and 100 or more beds.
4. Large Venue consisting of 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.
Page 6 of 19
5. Large Event including, but not limited to, a sporting event, a flea market or a
festival, 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.
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.
KKK. "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.
Page 7 of 19
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.
Page 8 of 19
However, special arrangements may be made with the contractor for removal of such hazardous
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.
(Supp. No. 57)
Page 9 of 19
Created: 2021-09-23 10:50:16 [EST]
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;
(Supp. No. 57)
Page 10 of 19
Created: 2021-09-23 10:50:16 [EST]
B. All self -hauled industrial waste shall be channeled through a state -licensed materials
recovery facility (MRF);
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 13.16.260 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 13.16.260 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 13.16.260.
Page 11 of 19
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.
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 13.16.260.
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 13.16.270 of this chapter
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.
Meet the Self -Hauler requirements in Section 13.16.260 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:
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:
Page 12 of 19
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 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 Commercial Edible Food Generators
A. Tier One Commercial Edible Food Generators must comply with the requirements of
this section commencing January 1, 2022, and Tier Two Commercial Edible Food
Generators must comply commencing January 1, 2024.
Page 13 of 19
B. Large Venue of 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. Commercial Edible Food Generators shall comply with the following requirements.
Arrange to recover the maximum amount of Edible Food that would otherwise
be disposed.
2. Contract with, or enter into a written agreement with Food Recovery
Organizations or Food Recovery Services for: (i) the collection of Edible Food
for Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible
Food Generator self -hauls to the Food Recovery Organization for Food
Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a
Food Recovery Organization or a Food Recovery Service.
4. Allow Jurisdiction's designated enforcement entity or designated third party
enforcement entity to access the premises and review records.
5. Keep records that include the following information, or as otherwise specified in
14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or
receives its Edible Food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
b. A copy of all contract or written agreements established under 14 CCR
Section 18991.3(b).
13.16.240 Requirements for Food Recovery Organizations and Services
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14
CCR Section 18991.3(b), shall maintain records as specified by 14 CCR Section
18991.5(a)(1).
B. Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established
under 14 CCR Section 18991.3(b), shall maintain records as specified by 14 CCR
Section 18991.5(a)(2).
13.16.250 Requirements for Haulers and Facility Operators
A. Requirements for exclusive franchised hauler or permitted hauler:
An exclusive franchised hauler or permitted hauler providing residential,
Commercial, or industrial Organic Waste collection services to generators
Page 14 of 19
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.
b. Through written notice to the City annually on or before April 1 I 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:
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.
13.16.260 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
Page 15 of 19
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.
13.16.270 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.
13.16.280 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.
Page 16 of 19
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.
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:
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
Page 17 of 19
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.
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.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
SECTION 3. No Mandatary 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).
Approved this 1St day of June, 2022
l''g'�
'��
MIKEY HOTHI
Mayor Pro Tempore
Page 18 of 19
Attest:
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2002
was introduced at a regular meeting of the City Council of the City of Lodi held May 18, 2022, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
June 1, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, and Kuehne
NOES; COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi and Mayor Chandler
ABSTAIN- COUNCIL MEMBERS — None
I further certify that Ordinance No. 2002 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Appr ed as to Form
JC
MAGDICH
City Attorney
OLIVIA NASHED
City Clerk
Page 19 of 19