20211109 Joint Special Business and Industry Commission and Green Vernon Commission Agenda Packet
Agenda
City of Vernon
Joint Special Meeting
Business and Industry Commission and
Green Vernon Commission
Tuesday, November 09, 2021, 03:30 PM
Remote Location via Zoom
BUSINESS AND INDUSTRY COMMISSION GREEN VERNON COMMISSION
Jimmy Andreoli II Daniel Alley
John Baca Catherine Browne
Jack Cline Ron Daerr
Thomas Condon Alan Franz
Crystal Larios Hector Morfin
Duncan Sachdeva Martin Perez
Douglas Williams Stan Stosel
SPECIAL REMOTE PROTOCOLS
Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference because
State and Local officials are recommending measures to promote social distancing. This meeting
will be conducted entirely by remote participation via Zoom Webinar.
The public is encouraged to view the meeting at https://www.cityofvernon.org/webinar-special or
by calling (408) 638-0968, Meeting ID 839-7856-8878#. You may address the Commissions via
Zoom or submit comments to PublicComment@ci.vernon.ca.us with the meeting date and item
number in the subject line.
CALL TO ORDER
FLAG SALUTE
ROLL CALL
APPROVAL OF THE AGENDA
PUBLIC COMMENT
At this time the public is encouraged to address the Commissions on any matter that is within the
subject matter jurisdiction of the Commissions. The public will also be given a chance to comment
on matters which are on the posted agenda during deliberation on those specific matters.
Joint Special Meeting Agenda
November 09, 2021
Page 2 of 2
NEW BUSINESS
1. Health and Environmental Control Department
Mandatory Organic Waste Disposal Reduction Ordinance
Recommendation:
Discuss Senate Bill 1383 (SB 1383) requirements and the City’s Solid Waste
Management Program, in consideration of comments and feedback received from the
Business and Industry Commission and Green Vernon Commission SB 1383 Waste
Hauler Temporary Ad Hoc Committees; and recommend that the City Council adopt a
Mandatory Organic Waste Disposal Reduction Ordinance.
1. Mandatory Organic Waste Disposal Reduction Ordinance
2. Mandatory Organic Waste Disposal Reduction Ordinance Highlights
ORAL REPORTS
Brief reports, announcements, or directives to staff.
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing
agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned
Regular meeting agendas may be amended up to 72 hours and Special meeting agendas may be
amended up to 24 hours in advance of the meeting.
Dated this 4th day of November, 2021.
By: _________/s/______________
Lisa Pope, City Clerk
Joint Special Business and Industry Commission and Green Vernon
Commission Agenda Item Report
Agenda Item No. COV-850-2021
Submitted by: Veronica Petrosyan
Submitting Department: Health and Environmental Control Department
Meeting Date: November 9, 2021
SUBJECT
Mandatory Organic Waste Disposal Reduction Ordinance
Recommendation:
Discuss Senate Bill 1383 (SB 1383) requirements and the City’s Solid Waste Management Program, in
consideration of comments and feedback received from the Business and Industry Commission and
Green Vernon Commission SB 1383 Waste Hauler Temporary Ad Hoc Committees; and recommend
that the City Council adopt a Mandatory Organic Waste Disposal Reduction Ordinance.
Background:
Senate Bill 1383 (SB 1383) establishes methane emissions reduction targets in a statewide effort to
reduce emissions of short-lived climate pollutants in various sectors of California's economy. Actions to
reduce short-lived climate pollutants are essential to address the many impacts of climate change on
human health, and on the environment. Targets to achieve a 50 percent reduction in level of the statewide
disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025 are
components of SB 1383. The California Department of Resources Recycling and Recovery (CalRecycle)
has been tasked with managing the organic waste disposal reduction targets, and establishes an
additional target that not less than 20 percent of currently disposed edible food is recovered for human
consumption by 2025. SB 1383 will further support California's efforts to achieve the statewide 75
percent recycling goal by 2020 (established by Assembly Bill 341), and strengthen the implementation of
mandatory commercial organics recycling (established by Assembly Bill 1826).
SB 1383 requires all jurisdictions (including the City of Vernon) to adopt an enforceable ordinance to
implement the Short-Lived Climate Pollutants: Organics Waste Reduction regulations set forth by
CalRecycle as well as a food recovery program. The legislation requires all California jurisdictions to
implement mandatory organic recycling programs aimed at single-family residential, multi-family
residential, and commercial solid waste generators. The law grants CalRecycle the regulatory authority to
oversee the implementation of local programs, the ability to monitor performance, and to levy penalties
against the jurisdiction for non-compliance.
On June 16, 2021, at a Joint Special Meeting of the Business and Industry Commission (BIC) and Green
Vernon Commission (GVC), the Commissions established a BIC SB 1383 Waste Hauler Temporary Ad
Hoc Committee and a GVC SB 1383 Waste Hauler Temporary Ad Hoc Committee for the purpose of
facilitating discussion with City staff on the limited matter of the City's SB 1383 Solid Waste
Management Program and the consolidation of waste hauling enterprises in Vernon. In an effort to
obtain feedback from the Ad Hoc Committees, the Health and Environmental Control Department
(HECD) provided the respective members a draft Mandatory Organic Waste Disposal Reduction
Ordinance (Mandatory OWDR Ordinance) (Attachment 1) and ordinance highlights (Attachment 2) for
review. The draft ordinance reviewed by the Ad Hoc Committee members is CalRecycle’s model
ordinance, and is being utilized to ensure that all applicable mandatory recycling laws are addressed.
The resulting findings of the Ad Hoc Committees’ review will be presented at the Special Joint BIC and
GVC meeting scheduled for November 9, 2021. Following feedback from the BIC and GVC and any
additional analysis/review required from staff, a Mandatory OWDR Ordinance for the City will, ultimately,
be presented to City Council for their review and adoption. Once adopted, the ordinance will enforce SB
1383 requirements for collecting and recycling of food waste and green waste by residents and
businesses.
City Staff Recommendation
Staff is recommending a two-container collection method. This recommendation is based on maximizing
space at multi-tenant businesses to comply with requirements. Additionally, the method is expected to
achieve a higher rate of compliance among generators due to the ease of the two-bin system, and the
likelihood generators will place waste in the correct bins.
The proposed recycling program closely resembles that to which Vernon residents and businesses are
currently accustomed, and provides less disruption for current operations among businesses and
franchised haulers.
GVC and BIC Ad Hoc Committees’ Feedback
The proposed ordinance was shared with the BIC and GVC Ad Hoc Committees for review and
comments. The general feedback received from the Ad Hoc Committees is as follows:
-Include an exemption in the ordinance for small businesses based on SB 1383 waiver criteria.
-Provide compliance deadlines for all section requirements.
-Include an additional tier of violations to account for businesses of all sizes.
-Include language to distinguish materials identified for rendering.
-Concerns about remote monitoring program.
Additionally, Ad Hoc Committee Members requested clarification on certain elements and definitions
contained within the ordinance. Included in the City’s SB 1383 implementation plan is an educational
component which will aid the community in their efforts to comply with new recycling mandates.
City staff recommends that the BIC and GVC deliberate on matters proposed in the draft Mandatory
OWDR Ordinance and offer feedback. Staff will ultimately present the City’s Mandatory OWDR
Ordinance to the Vernon City Council at an upcoming meeting for review and adoption.
It should be noted that the HECD presented information on SB 1383 to the GVC at its December 16,
2020 and June 16, 2021 meetings. In addition, staff provided presentations to the City Council and the
BIC, and hosted two town hall meetings to share information on the City's SB 1383 implementation plan
including recommendations from the Department to align the City with the targets set forth by SB 1383.
Also, after further consideration, City staff has determined that a consolidation of waste hauler
enterprises in the City is not necessary at this time. The City’s proposed ordinance to implement SB
1383 requirements in Vernon is separate from the waste hauler discussion.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Mandatory Organic Waste Disposal Reduction Ordinance
2. Mandatory Organic Waste Disposal Reduction Ordinance Highlights
MANDATORY ORGANIC WASTE DISPOSAL
REDUCTION ORDINANCE
(STANDARD BASED APPROACH – TWO CONTAINER
– BLUE/GRAY)
TABLE OF CONTENTS
SECTION 1. PURPOSE AND FINDINGS ....................................................................... 1
SECTION 2. MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
ORDINANCE .................................................................................................................. 2
SECTION 3. DEFINITIONS ............................................................................................. 2
SECTION 4. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS ..................... 12
SECTION 5. REQUIREMENTS FOR COMMERCIAL BUSINESSES .......................... 12
SECTION 6. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS
...................................................................................................................................... 14
SECTION 7. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND
SERVICES .................................................................................................................... 16
SECTION 8. REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS ........ 17
SECTION 9. COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS ...... 18
SECTION 10. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE
REQUIREMENTS ......................................................................................................... 19
SECTION 11. PROCUREMENT REQUIREMENTS FOR CITY OF VERNON
DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS......................... 20
SECTION 12. INSPECTIONS AND INVESTIGATIONS BY CITY OF VERNON .......... 21
SECTION 13. ENFORCEMENT .................................................................................... 22
SECTION 14. EFFECTIVE DATE ................................................................................. 27
Model Ordinance
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-1- Model Ordinance
MODEL MANDATORY ORGANIC WASTE 1
DISPOSAL REDUCTION ORDINANCE 2
SECTION 1. PURPOSE AND FINDINGS 3
The City of Vernon finds and declares: 4
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste 5
Management Act of 1989 (California Public Resources Code Section 40000, et 6
seq., as amended, supplemented, superseded, and replaced from time to time), 7
requires cities and counties to reduce, reuse, and re cycle (including composting) 8
Solid Waste generated in the City of Vernon to the maximum extent feasible before 9
any incineration or landfill disposal of waste, to conserve water, energy, and other 10
natural resources, and to protect the environment. 11
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the 12
State of California on October 5, 2011, which amended Sections 41730, 41731, 13
41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 14
40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 15
42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, 16
the Public Resources Code, as amended, supplemented, superseded and 17
replaced from time to time), places requirements on businesses and Multi-Family 18
property owners that generate a specified threshold amount of Solid Waste to 19
arrange for recycling services and requires City of Vernon to implement a 20
Mandatory Commercial Recycling program. 21
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the 22
Governor of the State of California on September 28, 2014, which added Chapter 23
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public 24
Resources Code, relating to Solid Waste, as amended, supplemented, 25
superseded, and replaced from time to time), requires businesses and Multi-Family 26
property owners that generate a specified threshold amount of Solid Waste, 27
Recycling, and Organic Waste per week to arrange for recycling services for that 28
waste, requires City of Vernon to implement a recycling program to divert Organic 29
Waste from businesses subject to the law, and requires City of Vernon to to 30
implement a Mandatory Commercial Organics Recycling program . 31
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires 32
CalRecycle to develop regulations to reduce organics in landfills as a source of 33
methane. The regulations place requirements on multiple entities including City of 34
Vernon, residential households, Commercial Businesses and business owners, 35
Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery 36
Organizations, and Food Recovery Services to support achievement of Statewide 37
Organic Waste disposal reduction targets. 38
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(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires City of 39
Vernon to adopt and enforce an ordinance or enforceable mechanism to 40
implement relevant provisions of SB 1383 Regulations. This ordinance will also 41
help reduce food insecurity by requiring Commercial Edible Food Generators to 42
arrange to have the maximum amount of their Edible Food, that would otherwise 43
be disposed, be recovered for human consumption. 44
(f) Requirements in this ordinance are consistent with other adopted goals and 45
policies of the City of Vernon. 46
SECTION 2. MANDATORY ORGANIC WASTE DISPOSAL REDUCTION 47
ORDINANCE 48
This chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance”. 49
SECTION 3. DEFINITIONS 50
(a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and 51
shall be used for the purpose of storage and collection of Source Separated 52
Recyclable Materials or Source Separated Blue Container Organic Waste. 53
(b) “CalRecycle” means California's Department of Resources Recycling and 54
Recovery, which is the Department designated with responsibility for developing, 55
implementing, and enforcing SB 1383 Regulations on City of Vernon. 56
(c) “California Code of Regulations” or “CCR” means the State of Califo rnia Code of 57
Regulations. CCR references in this ordinance are preceded with a number that 58
refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). 59
(d) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, 60
joint-stock company, corporation, or association, whether for-profit or nonprofit, 61
strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise 62
defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that 63
consists of fewer than five (5) units is not a Commercial Business for purposes of 64
implementing this ordinance. 65
(e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two 66
Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this 67
ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). 68
For the purposes of this definition, Food Recovery Organizations and Food 69
Recovery Services are not Commercial Edible Food Generators pursuant to 14 70
CCR Section 18982(a)(7). 71
(f) “Compliance Review” means a review of records by a City of Vernon to determine 72
compliance with this ordinance. 73
-3- Model Ordinance
(g) “Community Composting” means any activity that composts green material, 74
agricultural material, food material, and vegetative food material, alone or in 75
combination, and the total amount of feedstock and Compost on-site at any one 76
time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR 77
Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). 78
(h) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which 79
stated, as of the effective date of this ordinance, that “Compost” means the product 80
resulting from the controlled biological decomposition of organic Solid Wastes that 81
are Source Separated from the municipal Solid Waste stream, or which are 82
separated at a centralized facility. 83
(i) “Compostable Plastics” or “Compostable Plastic” means plastic materials that 84
meet the ASTM D6400 standard for compostability, or as otherwise described in 85
14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). 86
(j) “Container Contamination” or “Contaminated Container” means a container, 87
regardless of color, that contains Prohibited Container Contaminants, or as 88
otherwise defined in 14 CCR Section 18982(a)(55). 89
(k) “C&D” means construction and demolition debris. 90
(l) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR 91
Section 18982(14.5), means a Solid Waste facility that accepts a Source 92
Separated Organic Waste collection stream as defined in 14 CCR Section 93
17402(a)(26.6) and complies with one of the following: 94
(1) The facility is a “transfer/processor,” as defined in 14 CCR Section 95
18815.2(a)(62), that is in compliance with the reporting requirements of 14 96
CCR Section 18815.5(d), and meets or exceeds an annual average Source 97
Separated organic content Recovery rate of 50 percent between January 1, 98
2022 and December 31, 2024 and 75 percent on and after January 1, 2025 99
as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste 100
received from the Source Separated Organic Waste collection stream. 101
(A) If a transfer/processor has an annual average Source Separated 102
organic content Recovery rate lower than the rate required in 103
Paragraph 1 of this definition for two (2) consecutive reporting 104
periods, or three (3) reporting periods within three (3) years, the 105
facility shall not qualify as a “Designated Source Separated Organic 106
Waste Facility”. 107
(2) The facility is a “composting operation” or “composting facility” as defined in 108
14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted 109
under 14 CCR Section 18815.7 demonstrates that the percent of the 110
material removed for landfill disposal that is Organic Waste is less than the 111
percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), 112
-4- Model Ordinance
whichever is applicable, and, if applicable, complies with the digestate 113
handling requirements specified in 14 CCR Section 17896.5. 114
(A) If the percent of the material removed for landfill disposal that is 115
Organic Waste is more than the percent specified in 14 CCR Section 116
17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting 117
periods, or three (3) reporting periods within three (3) years, the 118
facility shall not qualify as a “Designated Source Separated Organic 119
Waste Facility.” For the purposes of this ordinance, the reporting 120
periods shall be consistent with those defined in 14 CCR Section 121
18815.2(a)(49). 122
(m) “Edible Food” means food intended for human consumption, or as otherwise 123
defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as 124
otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid 125
Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, 126
Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that 127
does not meet the food safety requirements of the California Retail Food Code. 128
(n) “Enforcement Action" means an action of the City of Vernon to address non-129
compliance with this ordinance including, but not limited to, issuing administrative 130
citations, fines, penalties, or using other remedies. 131
(o) “Excluded Waste” means hazardous substance, hazardous waste, infectious 132
waste, designated waste, volatile, corrosive, medical waste, infectious, regulated 133
radioactive waste, and toxic substances or material that facility operator(s), which 134
receive materials from the City of Vernon and its generators, reasonably believe(s) 135
would, as a result of or upon acceptance , transfer, processing, or disposal, be a 136
violation of local, State, or Federal law, regulation, or ordinance, including: land 137
use restrictions or conditions, waste that cannot be disposed of in Class III landfills 138
or accepted at the facility by permit conditions, waste that in City of Vernon, or its 139
Designee’s reasonable opinion would present a significant risk to human health or 140
the environment, cause a nuisance or otherwise create or expose City of Vernon, 141
or its Designee, to potential liability; but not including de minimis volumes or 142
concentrations of waste of a type and amount normally found in Single-Family or 143
Multi-Family Solid Waste after implementation of programs for the safe collection, 144
processing, recycling, treatment, and disposal of batteries and paint in compliance 145
with Sections 41500 and 41802 of the California Public Resources Code. Excluded 146
Waste does not include used motor oil and filters, household batteries, universal 147
wastes, and/or latex paint when such materials are defined as allowable materials 148
for collection through the City of Vernon’s collection programs and the generator 149
or customer has properly placed the materials for collection pursuant to 150
instructions provided by City of Vernon or its Designee for collection services. 151
(p) “Food Distributor” means a company that distributes food to entities including, but 152
not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 153
CCR Section 18982(a)(22). 154
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(q) “Food Facility” has the same meaning as in Section 113789 of the Health and 155
Safety Code. 156
(r) “Food Recovery” means actions to collect and distribute food for human 157
consumption that otherwise would be disposed, or as otherwise defined in 14 CCR 158
Section 18982(a)(24). 159
(s) “Food Recovery Organization” means an entity that engages in the collection or 160
receipt of Edible Food from Commercial Edible Food Generators and distributes 161
that Edible Food to the public for Food Recovery either directly or through other 162
entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not 163
limited to: 164
(1) A food bank as defined in Section 113783 of the Health and Safety Code ; 165
(2) A nonprofit charitable organization as defined in Section 113841 of the 166
Health and Safety code; and, 167
(3) A nonprofit charitable temporary food facility as defined in Section 113842 168
of the Health and Safety Code. 169
A Food Recovery Organization is not a Commercial Edible Food Generator for the 170
purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 171
pursuant to 14 CCR Section 18982(a)(7). 172
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization 173
differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall 174
apply to this ordinance. 175
(t) “Food Recovery Service” means a person or entity that collects and transports 176
Edible Food from a Commercial Edible Food Generator to a Food Recovery 177
Organization or other entities for Food Recovery, or as otherwise defined in 14 178
CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible 179
Food Generator for the purposes of this ordinance and implementation of 14 CCR, 180
Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). 181
(u) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, 182
poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and 183
eggshells. Food Scraps excludes fats, oils, and grease when such materials are 184
Source Separated from other Food Scraps. 185
(v) “Food Service Provider” means an entity primarily engaged in providing food 186
services to institutional, governmental, Commercial, or industrial locations of 187
others based on contractual arrangements with these types of organizations, or as 188
otherwise defined in 14 CCR Section 18982(a)(27). 189
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(w) “Food-Soiled Paper” is compostable paper material that has come in contact with 190
food or liquid, such as, but not limited to, compostable paper plates, paper coffee 191
cups, napkins, pizza boxes, and milk cartons. 192
(x) “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics. 193
(y) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and 194
shall be used for the purpose of storage and collection of Mixed Waste. 195
(z) “Grocery Store” means a store primarily engaged in the retail sale of canned food; 196
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area 197
that is not separately owned within the store where the food is prepared and 198
served, including a bakery, deli, and meat and seafood departments , or as 199
otherwise defined in 14 CCR Section 18982(a)(30). 200
(aa) “Hauler Route” means the designated itinerary or sequence of stops for each 201
segment of the City of Vernon’s collection service area, or as otherwise defined in 202
14 CCR Section 18982(a)(31.5). 203
(bb) “High Diversion Organic Waste Processing Facility” means a facility that is in 204
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and 205
meets or exceeds an annual average Mixed Waste organic content Recovery rate 206
of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent 207
after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for 208
Organic Waste received from the “Mixed waste organic collection stream” as 209
defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR 210
Section 18982(a)(33). 211
(cc) “Inspection” means a site visit where a City of Vernon reviews records, containers, 212
and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste 213
or Edible Food handling to determine if the entity is complying with requirements 214
set forth in this ordinance, or as otherwise defined in 14 CCR Section 215
18982(a)(35). 216
(dd) “City of Vernon” means City of Vernon. 217
(ee) “City of Vernon Enforcement Official” means the city administrator, or other 218
executive in charge or their authorized Designee(s) who are responsible for 219
enforcing the ordinance. 220
(ff) “Large Event” means an event, including, but not limited to, a sporting event or a 221
flea market, that charges an admission price, or is operated by a local agency, and 222
serves an average of more than 2,000 individuals per day of operation of the event, 223
at a location that includes, but is not limited to, a public, nonprofit, or privately 224
owned park, parking lot, golf course, street system, or other open space when 225
being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs 226
from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to 227
this ordinance. 228
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(gg) “Large Venue” means a permanent venue facility that annually seats or serves an 229
average of more than 2,000 individuals within the grounds of the facility p er day of 230
operation of the venue facility. For purposes of this ordinance and implementation 231
of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a 232
public, nonprofit, or privately owned or operated stadium, amphitheater, arena, 233
hall, amusement park, conference or civic center, zoo, aquarium, airport, 234
racetrack, horse track, performing arts center, fairground, museum, theater, or 235
other public attraction facility. For purposes of this ordinance and implementation 236
of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that 237
includes more than one Large Venue that is contiguous with other Large Venues 238
in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) 239
differs from this definition, the definition in 14 CCR Section 18982 (a)(39) shall 240
apply to this ordinance. 241
(hh) “Local Education Agency” means a school district, charter school, or county office 242
of education that is not subject to the control of city or county regulations related 243
to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). 244
(ii) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste 245
collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 246
18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as 247
otherwise defined in 14 CCR Section 17402(a)(11.5). 248
(jj) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining 249
to residential premises with five (5) or more dwelling units. Multi-Family premises 250
do not include hotels, motels, or other transient occupancy facilities, which are 251
considered Commercial Businesses. 252
(kk) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 253
CCR, Division 2, Chapter 2.7. 254
(ll) “Non-Compostable Paper” includes but is not limited to paper that is coated in a 255
plastic material that will not breakdown in the composting process, or as otherwise 256
defined in 14 CCR Section 18982(a)(41). 257
(mm) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable 258
wastes including but not limited to bottles, cans, metals, plastics and glass, or as 259
otherwise defined in 14 CCR Section 18982(a)(43). 260
(nn) “Notice of Violation (NOV)” means a notice that a violation has occurred that 261
includes a compliance date to avoid an action to seek penalties , or as otherwise 262
defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 263
18995.4. 264
(oo) “Organic Waste” means Solid Wastes containing material originated from living 265
organisms and their metabolic waste products, including but not limited to food, 266
green material, landscape and pruning waste, organic textiles and carpets, lumber, 267
wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, 268
-8- Model Ordinance
and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids 269
and digestate are as defined by 14 CCR Section 18982(a). 270
(pp) “Organic Waste Generator” means a person or entity that is responsible for the 271
initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 272
18982(a)(48). 273
(qq) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, 274
wrapping, packaging, file folders, hanging files, corrugated box es, tissue, and 275
toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). 276
(rr) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, 277
watermark, cotton fiber, offset, forms, computer printout paper, white wove 278
envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, 279
and other uncoated writing papers, posters, index cards, calendars, brochures, 280
reports, magazines, and publications, or as otherwise defined in 14 CCR Section 281
18982(a)(54). 282
(ss) “Prohibited Container Contaminants” 283
(1) Two-container (blue/gray) collection service for Source Separated 284
Recyclable Materials and mixed materials): “Prohibited Container 285
Contaminants” means the following: (i) discarded materials placed in a Blue 286
Container that are not identified as acceptable Source Separated 287
Recyclable Materials for City of Vernon’s Blue Container; (ii) discarded 288
materials placed in the Gray Container that are identified as acceptable 289
Source Separated Recyclable Materials, which are to be separately 290
collected in City of Vernon’s Blue Container; and, (iii) Excluded Waste 291
placed in any container. 292
(tt) “Recovered Organic Waste Products” means products made from California, 293
landfill-diverted recovered Organic Waste processed in a permitted or otherwise 294
authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). 295
(uu) “Recovery” means any activity or process described in 14 CCR Section 296
18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). 297
(vv) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper 298
that consists of at least 30 percent, by fiber weight, postconsumer fiber , or as 299
otherwise defined in 14 CCR Section 18982(a)(61). 300
(ww) “Regional Agency” means regional agency as defined in Public Resources Code 301
Section 40181. 302
(xx) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless 303
electronic devices to visualize the contents of Blue Containers and Gray 304
Containers for purposes of identifying the quantity of materials in containers (level 305
of fill) and/or presence of Prohibited Container Contaminants. 306
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(yy) “Renewable Gas” means gas derived from Organic Waste that has been diverted 307
from a California landfill and processed at an in-vessel digestion facility that is 308
permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as 309
otherwise defined in 14 CCR Section 18982(a)(62). 310
(zz) “Restaurant” means an establishment primarily engaged in the retai l sale of food 311
and drinks for on-premises or immediate consumption, or as otherwise defined in 312
14 CCR Section 18982(a)(64). 313
(aaa) “Route Review” means a visual Inspection of containers along a Hauler Route for 314
the purpose of determining Container Contamination, and may include mechanical 315
Inspection methods such as the use of cameras, or as otherwise defined in 14 316
CCR Section 18982(a)(65). 317
(bbb) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on 318
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 319
39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing 320
with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 321
establishing methane emissions reduction targets in a Statewide effort to reduce 322
emissions of short-lived climate pollutants as amended, supplemented, 323
superseded, and replaced from time to time. 324
(ccc) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the 325
purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste 326
Reduction regulations developed by CalRecycle and adopted in 2020 that created 327
14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR 328
and 27 CCR. 329
(ddd) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or 330
recyclable material he or she has generated to another person. Self -hauler also 331
includes a person who back-hauls waste, or as otherwise defined in 14 CCR 332
Section 18982(a)(66). Back-haul means generating and transporting Organic 333
Waste to a destination owned and operated by the generator using the generator’s 334
own employees and equipment, or as otherwise defined in 14 CCR Section 335
18982(a)(66)(A). 336
(eee) “Single-Family” means of, from, or pertaining to any residential premises with fewer 337
than five (5) units. 338
(fff) “Solid Waste” has the same meaning as defined in State Public Resources Code 339
Section 40191, which defines Solid Waste as all putrescible and nonputrescible 340
solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, 341
rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned 342
vehicles and parts thereof, discarded home and industrial appliances, dewatered, 343
treated, or chemically fixed sewage sludge which is not hazardous waste, manure, 344
vegetable or animal solid and semi-solid wastes, and other discarded solid and 345
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semisolid wastes, with the exception that Solid Waste does not include any of the 346
following wastes: 347
(1) Hazardous waste, as defined in the State Public Resources Code Section 348
40141. 349
(2) Radioactive waste regulated pursuant to the State Radiation Control Law 350
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of 351
the State Health and Safety Code). 352
(3) Medical waste regulated pursuant to the State Medical Waste Management 353
Act (Part 14 (commencing with Section 117600) of Division 104 of the State 354
Health and Safety Code). Untreated medical waste shall not be disposed of 355
in a Solid Waste landfill, as defined in State Public Resources Code Section 356
40195.1. Medical waste that has been treated and deemed to be Solid 357
Waste shall be regulated pursuant to Division 30 of the State Public 358
Resources Code. 359
(ggg) “Source Separated” means materials, including commingled recyclable materials, 360
that have been separated or kept separate from the Solid Waste stream, at the 361
point of generation, for the purpose of additional sorting or processing those 362
materials for recycling or reuse in order to return them to the economic mainstream 363
in the form of raw material for new, reused, or reconstituted products, which meet 364
the quality standards necessary to be used in the marketplace, or as otherwise 365
defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, 366
Source Separated shall include separation of materials by the generator, property 367
owner, property owner’s employee, property manager, or property manager’s 368
employee into different containers for the purpose of collection such that Source 369
Separated materials are separated from Mixed Waste or other Solid Waste for the 370
purposes of collection and processing. 371
(hhh) “Source Separated Blue Container Organic Waste” means Source Separated 372
Organic Wastes that can be placed in a Blue Container that is limited to the 373
collection of those Organic Wastes and Non-Organic Recyclables as defined in 374
Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). 375
(iii) “Source Separated Recyclable Materials” means Source Separated Non-Organic 376
Recyclables and Source Separated Blue Container Organic Waste. 377
(jjj) “State” means the State of California. 378
(kkk) “Supermarket” means a full-line, self-service retail store with gross annual sales of 379
two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 380
canned goods, or nonfood items and some perishable items, or as otherwise 381
defined in 14 CCR Section 18982(a)(71). 382
(lll) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food 383
Generator that is one of the following: 384
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(1) Supermarket. 385
(2) Grocery Store with a total facility size equal to or greater than 10,000 square 386
feet. 387
(3) Food Service Provider. 388
(4) Food Distributor. 389
(5) Wholesale Food Vendor. 390
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible 391
Food Generator differs from this definition, the definition in 14 CCR Section 392
18982(a)(73) shall apply to this ordinance. 393
(mmm) “Tier Two Commercial Edible Food Generator” means a Commercial Edible 394
Food Generator that is one of the following: 395
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater 396
than 5,000 square feet. 397
(2) Hotel with an on-site Food Facility and 200 or more rooms. 398
(3) Health facility with an on-site Food Facility and 100 or more beds. 399
(4) Large Venue. 400
(5) Large Event. 401
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria 402
facility size equal to or greater than 5,000 square feet. 403
(7) A Local Education Agency facility with an on-site Food Facility. 404
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible 405
Food Generator differs from this definition, the definition in 14 CCR Section 406
18982(a)(74) shall apply to this ordinance. 407
(nnn) “Uncontainerized Green Waste and Yard Waste Collection Service” or 408
“Uncontainerized Service” means a collection service that collects green waste 409
and yard waste that is placed in a pile or bagged for collection on the street in front 410
of a generator’s house or place of business for collection and transport to a facility 411
that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR 412
Section 189852(a)(75). 413
(ooo) “Wholesale Food Vendor” means a business or establishment engaged in the 414
merchant wholesale distribution of food, where food (including fruits and 415
vegetables) is received, shipped, stored, prepared for distribution to a retailer, 416
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warehouse, distributor, or other destination, or as otherwise defined in 14 CCR 417
Section 189852(a)(76). 418
SECTION 4. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS 419
Single-Family Organic Waste Generators shall comply with the following requirements: 420
(a) Shall subscribe to City of Vernon’s Organic Waste collection services for all 421
Organic Waste generated as described below in Section 4(b). City of Vernon shall 422
have the right to review the number and size of a generator’s containers to evaluate 423
adequacy of capacity provided for each type of collection service for proper 424
separation of materials and containment of materials; and, Single-Family 425
generators shall adjust its service level for its collection services as requested by 426
the City of Vernon. Generators may additionally manage their Organic Waste by 427
preventing or reducing their Organic Waste, managing Organic Waste on site, 428
and/or using a Community Composting site pursuant to 14 CCR Section 429
18984.9(c). 430
(b) Shall participate in the City of Vernon’s Organic Waste collection service by placing 431
designated materials in designated containers as described below, and shall not 432
place Prohibited Container Contaminants in collection containers. 433
(1) Two-container collection service (Blue Container/Gray Container system) 434
(a) Blue Container/Gray Container: Generator shall place only Source 435
Separated Recyclable Materials in a Blue Container. Generator shall 436
place all other materials (Mixed Waste) in a Gray Container. 437
SECTION 5. REQUIREMENTS FOR COMMERCIAL BUSINESSES 438
Generators that are Commercial Businesses, including Multi-Family Residential 439
Dwellings, shall: 440
(a) Subscribe to City of Vernon’s two-container collection services and comply with 441
requirements of those services as described below. City of Vernon shall have the 442
right to review the number and size of a generator’s containers and frequency of 443
collection to evaluate adequacy of capacity provided for each type of colle ction 444
service for proper separation of materials and containment of materials; and, 445
Commercial Businesses shall adjust their service level for their collection services 446
as requested by the City of Vernon. 447
(b) Participate in the City of Vernon’s Organic Waste collection service by placing 448
designated materials in designated containers as described below. 449
(1) Two-container collection service (Blue Container/Gray Container system) 450
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(A) Blue Container/Gray Containers: Generator shall place only Source 451
Separated Recyclable Materials in a Blue Container. Generator shall 452
place all other materials (Mixed Waste) in a Gray Container. 453
(c) Supply and allow access to adequate number, size and location of collection 454
containers with sufficient labels or colors (conforming with Sections 5(d)(1) and 455
5(d)(2) below) for employees, contractors, tenants, and customers, consistent with 456
City of Vernon’s Blue Container, and Gray Container collection service. 457
(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection 458
of Source Separated Recyclable Materials in all indoor and outdoor areas where 459
disposal containers are provided for customers, for materials generated by that 460
business. Such containers do not need to be provided in restrooms. If a 461
Commercial Business does not generate any of the materials that would be 462
collected in one type of container, then the business does not have to provide that 463
particular container in all areas where disposal containers are provided for 464
customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by 465
the business shall have either: 466
(1) A body or lid that conforms with the container colors provided through the 467
collection service provided by City of Vernon, with either lids conforming to 468
the color requirements or bodies conforming to the color requirements or 469
both lids and bodies conforming to color requirements. A Commercial 470
Business is not required to replace functional containers, including 471
containers purchased prior to January 1, 2022, that do not comply with the 472
requirements of the subsection prior to the end of the useful life of those 473
containers, or prior to January 1, 2036, whichever comes first. 474
(2) Container labels that include language or graphic images, or both, indicating 475
the primary material accepted and the primary materials prohibited in that 476
container, or containers with imprinted text or graphic images that indicate 477
the primary materials accepted and primary materials prohibited in the 478
container. Pursuant 14 CCR Section 18984.8, the container labeling 479
requirements are required on new containers commencing January 1, 2022. 480
(e) Multi-Family Residential Dwellings are not required to comply with container 481
placement requirements or labeling requirement in Section 5(d) pursuant to 14 482
CCR Section 18984.9(b). 483
(f) To the extent practical through education, training, Inspection, and/or other 484
measures, excluding Multi-Family Residential Dwellings, prohibit employees from 485
placing materials in a container not designated for those materials per the City of 486
Vernon’s Blue Container, and Gray Container collection service. 487
(g) Excluding Multi-Family Residential Dwellings, monthly inspect Blue Containers, 488
and Gray Containers for contamination and inform employees if containers are 489
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contaminated and of the requirements to keep contaminants out of those 490
containers pursuant to 14 CCR Section 18984.9(b)(3). 491
(h) Annually provide information to employees, contractors, tenants, and customers 492
about Organic Waste Recovery requirements and about proper sorting of Source 493
Separated Recyclable Materials. 494
(i) Provide education information before or within fourteen (14) days of occupation of 495
the premises to new tenants that describes requirements to keep Source 496
Separated Recyclable Materials separate from Mixed Waste (when applicable) 497
and the location of containers and the rules governing their use at each property. 498
(j) Provide or arrange access for City of Vernon or its agent to their properties during 499
all Inspections conducted in accordance with Section 12 of this ordinance to 500
confirm compliance with the requirements of this ordinance. 501
(k) Accommodate and cooperate with City of Vernon’s Remote Monitoring program 502
for Inspection of the contents of containers for Prohibited Container Contaminants, 503
which may be implemented at a later date, to evaluate generator’s compliance with 504
Section 5(b). The Remote Monitoring program shall involve installation of Remote 505
Monitoring equipment on or in the Blue Containers, and Gray Containers. 506
(l) At Commercial Business’s option and subject to any approval required from the 507
City of Vernon, implement a Remote Monitoring program for Inspection of the 508
contents of its Blue Containers, and Gray Containers for the purpose of monitoring 509
the contents of containers to determine appropriate levels of service and to identify 510
Prohibited Container Contaminants. Generators may install Remote Monitoring 511
devices on or in the Blue Containers, and Gray Containers subject to written 512
notification to or approval by the City of Vernon. 513
(m) Nothing in this Section prohibits a generator from preventing or reducing waste 514
generation, managing Organic Waste on site, or using a Community Composting 515
site pursuant to 14 CCR Section 18984.9(c). 516
(n) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food 517
Generators shall comply with Food Recovery requirements, pursuant to Section 6. 518
SECTION 6. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD 519
GENERATORS 520
(a) Tier One Commercial Edible Food Generators must comply with the requirements 521
of this Section 6 commencing January 1, 2022, and Tier Two Commercial Edible 522
Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR 523
Section 18991.3. 524
(b) Large Venue or Large Event operators not providing food services, but allowing 525
for food to be provided by others, shall require Food Facilities operating at the 526
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Large Venue or Large Event to comply with the requirements of this Section, 527
commencing January 1, 2024. 528
(c) Commercial Edible Food Generators shall comply with the following requirements: 529
(1) Arrange to recover the maximum amount of Edible Food that would 530
otherwise be disposed. 531
(2) Contract with, or enter into a written agreement with Food Recovery 532
Organizations or Food Recovery Services for: (i) the collection of Edible 533
Food for Food Recovery; or, (ii) acceptance of the Edible Food that the 534
Commercial Edible Food Generator self-hauls to the Food Recovery 535
Organization for Food Recovery. 536
(3) Shall not intentionally spoil Edible Food that is capable of being recovered 537
by a Food Recovery Organization or a Food Recovery Service. 538
(4) Allow City of Vernon’s designated enforcement entity to access the 539
premises and review records pursuant to 14 CCR Section 18991.4. 540
(5) Keep records that include the following information, or as otherwise 541
specified in 14 CCR Section 18991.4: 542
(A) A list of each Food Recovery Service or organization that collects or 543
receives its Edible Food pursuant to a contract or written agreement 544
established under 14 CCR Section 18991.3(b). 545
(B) A copy of all contracts or written agreements established under 14 546
CCR Section 18991.3(b). 547
(C) A record of the following information for each of those Food Recovery 548
Services or Food Recovery Organizations: 549
(i) The name, address and contact information of the Food 550
Recovery Service or Food Recovery Organization. 551
(ii) The types of food that will be collected by or self-hauled to the 552
Food Recovery Service or Food Recovery Organization. 553
(iii) The established frequency that food will be collected or self-554
hauled. 555
(iv) The quantity of food, measured in pounds recovered per 556
month, collected or self-hauled to a Food Recovery Service or 557
Food Recovery Organization for Food Recovery. 558
(6) No later than ________ of each year (City of Vernon to insert date) 559
commencing no later than ________ for Tier One Commercial Edible Food 560
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Generators and ________ for Tier Two Commercial Edible Food 561
Generators (City of Vernon to insert dates), provide an annual Food 562
Recovery report to the City of Vernon that includes the following information: 563
(A) Records as specified in Section 6(c)(5) of this ordinance or as 564
otherwise specified in 14 CCR Section 18991.4. 565
(B) Amount and type of Edible Food that was not accepted by Food 566
Recovery Organizations or services for donation. 567
(d) Nothing in this ordinance shall be construed to limit or conflict with the protections 568
provided by the California Good Samaritan Food Donation Act of 2017, the Federal 569
Good Samaritan Act, or share table and school food donation guidance pursuant 570
to Senate Bill 557 of 2017 (approved by the Governor of the State of California on 571
September 25, 2017, which added Article 13 [commencing with Section 49580] to 572
Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend 573
Section 114079 of the Health and Safety Code, relating to food safety, as 574
amended, supplemented, superseded and replaced from time to time). 575
SECTION 7. REQUIREMENTS FOR FOOD RECOVERY 576
ORGANIZATIONS AND SERVICES 577
(a) Food Recovery Services collecting or receiving Edible Food directly from 578
Commercial Edible Food Generators, via a contract or written agreement 579
established under 14 CCR Section 18991.3(b), shall maintain the following 580
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 581
(1) The name, address, and contact information for each Commercial Edible 582
Food Generator from which the service collects Edible Food. 583
(2) The quantity in pounds of Edible Food collected from each Commercial 584
Edible Food Generator per month. 585
(3) The quantity in pounds of Edible Food transported to each Food Recovery 586
Organization per month. 587
(4) The name, address, and contact information for each Food Recovery 588
Organization that the Food Recovery Service transports Edible Food to for 589
Food Recovery. 590
(b) Food Recovery Organizations collecting or receiving Edible Food directly from 591
Commercial Edible Food Generators, via a contract or written agreement 592
established under 14 CCR Section 18991.3(b), shall maintain the following 593
records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 594
(1) The name, address, and contact information for each Commercial Edible 595
Food Generator from which the organization receives Edible Food. 596
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(2) The quantity in pounds of Edible Food received from each Commercial 597
Edible Food Generator per month. 598
(3) The name, address, and contact information for each Food Recovery 599
Service that the organization receives Edible Food from for Food Recovery. 600
(c) Food Recovery Organizations and Food Recovery Services shall inform 601
generators about California and Federal Good Samaritan Food Donation Act 602
protection in written communications, such as in their contract or agreement 603
established under 14 CCR Section 18991.3(b). 604
(d) Food Recovery Organizations and Food Recovery Services that have their primary 605
address physically located in the City of Vernon and contract with or have written 606
agreements with one or more Commercial Edible Food Generators pursuant to 14 607
CCR Section 18991.3(b) shall report to the City of Vernon it is located in the total 608
pounds of Edible Food recovered in the previous calendar year from the Tier One 609
and Tier Two Commercial Edible Food Generators they have established a 610
contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later 611
than _______ (City of Vernon to insert date). 612
SECTION 8. REQUIREMENTS FOR HAULERS AND FACILITY 613
OPERATORS 614
(a) Requirements for Haulers 615
(1) Non-exclusive franchised haulers, Permitted haulers, or Licensed haulers 616
providing residential, Commercial, or industrial Organic Waste collection 617
services to generators within the City of Vernon’s boundaries shall meet the 618
following requirements and standards as a condition of approval of a 619
contract, agreement, or other authorization with the City of Vernon to collect 620
Organic Waste: 621
(A) Through written notice to the City of Vernon annually on or before 622
_____ (City of Vernon to insert date), identify the facilities to which 623
they will transport Organic Waste including facilities for Source 624
Separated Recyclable Materials, and Mixed Waste. 625
(B) Transport Source Separated Recyclable Materials,and Mixed Waste 626
to a facility, operation, activity, or property that recovers Organic 627
Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. 628
(C) Obtain approval from the City of Vernon to haul Organic Waste, 629
unless it is transporting Source Separated Organic Waste to a 630
Community Composting site or lawfully transporting C&D in a 631
manner that complies with 14 CCR Section 18989.1, Section 9 of this 632
ordinance, and City of Vernon’s C&D ordinance. 633
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(2) Non-exclusive franchised haulers, Permitted haulers, or Licensed haulers 634
authorized to collect Organic Waste shall comply with education, 635
equipment, signage, container labeling, container color, contamination 636
monitoring, reporting, and other requirements contained within its franchise 637
agreement, contract, or other agreement entered into with City of Vernon. 638
(b) Requirements for Facility Operators and Community Composting Operations 639
(1) Owners of facilities, operations, and activities that recover Organic Waste, 640
including, but not limited to, Compost facilities, in-vessel digestion facilities, 641
and publicly-owned treatment works shall, upon City of Vernon request, 642
provide information regarding available and potential new or expanded 643
capacity at their facilities, operations, and activities, including information 644
about throughput and permitted capacity necessary for planning purposes. 645
Entities contacted by the City of Vernon shall respond within 60 days. 646
(2) Community Composting operators, upon City of Vernon request, shall 647
provide information to the City of Vernon to support Organic Waste capacity 648
planning, including, but not limited to, an estimate of the amount of Organic 649
Waste anticipated to be handled at the Community Composting operation. 650
Entities contacted by the City of Vernon shall respond within 60 days. 651
SECTION 9. COMPLIANCE WITH CALGREEN RECYCLING 652
REQUIREMENTS 653
(a) Persons applying for a permit from the City of Vernon for new construction and 654
building additions and alternations shall comply with the requirements of this 655
Section and all required components of the California Green Building Standards 656
Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered 657
by the scope of CALGreen or more stringent requirements of the City of Vernon. If 658
the requirements of CALGreen are more stringent then the requirements of this 659
Section, the CALGreen requirements shall apply. 660
Project applicants shall refer to City of Vernon’s building and/or planning code for 661
complete CALGreen requirements. 662
(b) For projects covered by CALGreen or more stringent requirements of the City of 663
Vernon, the applicants must, as a condition of the City of Vernon’s permit approval, 664
comply with the following: 665
(1) Where five (5) or more Multi-Family dwelling units are constructed on a 666
building site, provide readily accessible areas that serve occupants of all 667
buildings on the site and are identified for the storage and collection of Blue 668
Container materials, consistent with the two- container collection program 669
offered by the City of Vernon, or comply with provision of adequate space 670
for recycling for Multi-Family and Commercial premises pursuant to 671
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Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green 672
Building Standards Code, 24 CCR, Part 11 as amended provided amended 673
requirements are more stringent than the CALGreen requirements for 674
adequate recycling space effective January 1, 2020. . 675
(2) New Commercial construction or additions resulting in more than 30% of 676
the floor area shall provide readily accessible areas identified for the storage 677
and collection of Blue Container materials, consistent with the two -678
container collection program offered by the City of Vernon, or shall comply 679
with provision of adequate space for recycling for Multi-Family and 680
Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 681
5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 682
as amended provided amended requirements are more stringent than the 683
CALGreen requirements for adequate recycling space effective January 1, 684
2020. 685
(3) Comply with CALGreen requirements and applicable law related to 686
management of C&D, including diversion of Organic Waste in C&D from 687
disposal. Comply with City of Vernon’s C&D ordinance, and all written and 688
published City of Vernon policies and/or administrative guidelines regarding 689
the collection, recycling, diversion, tracking, and/or reporting of C&D. 690
SECTION 10. MODEL WATER EFFICIENT LANDSCAPING 691
ORDINANCE REQUIREMENTS 692
(a) Property owners or their building or landscape designers, including anyone 693
requiring a building or planning permit, plan check , or landscape design review 694
from the City of Vernon, who are constructing a new (Single-Family, Multi-Family, 695
public, institutional, or Commercial) project with a landscape area greater than 500 696
square feet, or rehabilitating an existing landscape with a total landscape area 697
greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), 698
and (G) of the MWELO, including sections related to use of Compost and mulch 699
as delineated in this Section 10. 700
(b) The following Compost and mulch use requirements that are part of the MWELO 701
are now also included as requirements of this ordinance . Other requirements of 702
the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. 703
(c) Property owners or their building or landscape designers that meet the threshold 704
for MWELO compliance outlined in Section 10(a) above shall: 705
(1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which 706
requires the submittal of a landscape design plan with a soil preparation, 707
mulch, and amendments section to include the following: 708
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(A) For landscape installations, Compost at a rate of a minimum of four 709
cubic yards per 1,000 square feet of permeable area shall be 710
incorporated to a depth of six (6) inches into the soil. Soils with 711
greater than six percent (6%) organic matter in the top six (6) inches 712
of soil are exempt from adding Compost and tilling. 713
(B) For landscape installations, a minimum three- (3-) inch layer of mulch 714
shall be applied on all exposed soil surfaces of planting areas except 715
in turf areas, creeping or rooting groundcovers, or direct seeding 716
applications where mulch is contraindicated. To provide habitat for 717
beneficial insects and other wildlife up to five percent (5%) of the 718
landscape area may be left without mulch. Designated insect habitat 719
must be included in the landscape design plan as such. 720
(C) Organic mulch materials made from recycled or post-consumer 721
materials shall take precedence over inorganic materials or virgin 722
forest products unless the recycled post-consumer organic products 723
are not locally available. Organic mulches are not required where 724
prohibited by local fuel modification plan guidelines or other 725
applicable local ordinances. 726
(2) The MWELO compliance items listed in this Section are not an inclusive list 727
of MWELO requirements; therefore, property owners or their building or 728
landscape designers that meet the threshold for MWELO compliance 729
outlined in Section 14(a) shall consult the full MWELO for all requirements. 730
(d) If, after the adoption of this ordinance, the California Department of Water 731
Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, 732
Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 733
requirements in a manner that requires City of Vernon to incorporate the 734
requirements of an updated MWELO in a local ordinance, and the amended 735
requirements include provisions more stringent than those required in this Section, 736
the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. 737
SECTION 11. PROCUREMENT REQUIREMENTS FOR CITY OF 738
VERNON DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND 739
VENDORS 740
(a) City of Vernon departments, and direct service providers to the City of Vernon, as 741
applicable, must comply with the City of Vernon’s Recovered Organic Waste 742
Product procurement policy adopted on __________ and Recycled-Content Paper 743
procurement policy adopted on ________. 744
(b) All vendors providing Paper Products and Printing and Writing Paper shall: 745
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(1) If fitness and quality are equal, provide Recycled-Content Paper Products 746
and Recycled-Content Printing and Writing Paper that consists of at least 747
30 percent, by fiber weight, postconsumer fiber instead of non-recycled 748
products whenever recycled Paper Products and Printing and Writing Paper 749
are available at the same or lesser total cost than non-recycled items or at 750
a total cost of no more than ___% of the total cost for non-recycled items. 751
(2) Provide Paper Products and Printing and Writing Paper that meet Federal 752
Trade Commission recyclability standard as defined in 16 Code of Federal 753
Regulations (CFR) Section 260.12. 754
(3) Certify in writing, under penalty of perjury, the minimum percentage of 755
postconsumer material in the Paper Products and Printing and Writing 756
Paper offered or sold to the City of Vernon. This certification requirement 757
may be waived if the percentage of postconsumer material in the Paper 758
Products, Printing and Writing Paper, or both can be verified by a product 759
label, catalog, invoice, or a manufacturer or vendor internet website. 760
(4) Certify in writing, on invoices or receipts provided, that the Paper Products 761
and Printing and Writing Paper offered or sold to the City of Vernon is 762
eligible to be labeled with an unqualified recyclable label as defined in 16 763
Code of Federal Regulations (CFR) Section 260.12 (2013). 764
(5) Provide records to the City of Vernon’s Recovered Organic Waste Product 765
procurement recordkeeping Designee, in accordance with the City of 766
Vernon’s Recycled-Content Paper procurement policy(ies) of all Paper 767
Products and Printing and Writing Paper purchases within thirty (30) days 768
of the purchase (both recycled-content and non-recycled content, if any is 769
purchased) made by any division or department or employee of the City of 770
Vernon. Records shall include a copy (electronic or paper) of the invoice or 771
other documentation of purchase, written certifications as required in 772
Sections 11(b)(3) and 11(b)(4) of this ordinance for recycled-content 773
purchases, purchaser name, quantity purchased, date purchased, and 774
recycled content (including products that contain none), and if non -recycled 775
content Paper Products or Printing and Writing Papers are provided, include 776
a description of why Recycled-Content Paper Products or Printing and 777
Writing Papers were not provided. 778
SECTION 12. INSPECTIONS AND INVESTIGATIONS BY CITY OF 779
VERNON 780
(a) City of Vernon representatives are authorized to conduct Inspections and 781
investigations, at random or otherwise, of any collection container, collection 782
vehicle loads, or transfer, processing, or disposal facility for materials collected 783
from generators, or Source Separated materials to confirm compliance with this 784
ordinance by Organic Waste Generators, Commercial Businesses (including Multi-785
-22- Model Ordinance
Family Residential Dwellings), property owners, Commercial Edible Food 786
Generators, haulers, Food Recovery Services, and Food Recovery Organizations, 787
subject to applicable laws. This Section does not allow City of Vernon to enter the 788
interior of a private residential property for Inspection. For the purposes of 789
inspecting Commercial Business containers for compliance with Section 5(b) of 790
this ordinance, City of Vernon may conduct container Inspections for Prohibited 791
Container Contaminants using Remote Monitoring, and Commercial Businesses 792
shall accommodate and cooperate with the Remote Monitoring pursuant to Section 793
5(k) of this ordinance. 794
(b) Regulated entity shall provide or arrange for access during all Inspections (with the 795
exception of residential property interiors) and shall cooperate with the City of 796
Vernon’s employee during such Inspections and investigations. Such Inspections 797
and investigations may include confirmation of proper placement of materials in 798
containers, Edible Food Recovery activities, records, or any other requirement of 799
this ordinance described herein. Failure to provide or arrange for: (i) access to an 800
entity’s premises; (ii) installation and operation of Remote Monitoring equipment, 801
if applicable; or (ii) access to records for any Inspection or investigation is a 802
violation of this ordinance and may result in penalties described. 803
(c) Any records obtained by a City of Vernon during its Inspections, Remote 804
Monitoring, and other reviews shall be subject to the requirements and applicable 805
disclosure exemptions of the Public Records Act as set forth in Government Code 806
Section 6250 et seq. 807
(d) City of Vernon representatives are authorized to conduct any Inspections, Remote 808
Monitoring, or other investigations as reasonably necessary to further the goals of 809
this ordinance, subject to applicable laws. 810
(e) City of Vernon shall receive written complaints from persons regarding an entity 811
that may be potentially non-compliant with SB 1383 Regulations, including receipt 812
of anonymous complaints. 813
SECTION 13. ENFORCEMENT 814
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of 815
a Notice of Violation and assessment of a fine by a City of Vernon Enforcement 816
Official. Enforcement Actions under this ordinance are issuance of an 817
administrative citation and assessment of a fine. The City of Vernon’s procedures 818
on imposition of administrative fines are hereby incorporated in their entiret y, as 819
modified from time to time, and shall govern the imposition, enforcement, 820
collection, and review of administrative citations issued to enforce this ordinance 821
and any rule or regulation adopted pursuant to this ordinance, except as otherwise 822
indicated in this ordinance. 823
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(b) Other remedies allowed by law may be used, including civil action or prosecution 824
as misdemeanor or infraction. City of Vernon may pursue civil actions in the 825
California courts to seek recovery of unpaid administrative citations. City of Vernon 826
may choose to delay court action until such time as a sufficiently large number of 827
violations, or cumulative size of violations exist such that court action is a 828
reasonable use of City of Vernon staff and resources. 829
(c) Responsible Entity for Enforcement 830
(1) Enforcement pursuant to this ordinance shall be undertaken by the City of 831
Vernon Enforcement Official, which may be the city administrator or their 832
designated entity, legal counsel, or combination thereof. 833
(A) City of Vernon Enforcement Official(s) will interpret ordinance; 834
determine if violation(s) have occurred; implement Enforcement 835
Actions; and, determine if compliance standards are met. 836
(B) City of Vernon Enforcement Official(s) may issue Notices of 837
Violation(s). 838
(d) Process for Enforcement 839
(1) City of Vernon Enforcement Officials will monitor compliance with the 840
ordinance randomly and through Compliance Reviews, Route Reviews, 841
investigation of complaints, and an Inspection program. Section 12 842
establishes City of Vernon’s right to conduct Inspections and investigations. 843
(2) City of Vernon may issue an official notification to notify regulated entities 844
of its obligations under the ordinance. 845
(3) For incidences of Prohibited Container Contaminants found in containers, 846
City of Vernon will issue a Notice of Violation to any generator found to have 847
Prohibited Container Contaminants in a container. Such notice will be 848
provided via a cart tag or other communication immediately upon 849
identification of the Prohibited Container Contaminants or within ___ days 850
after determining that a violation has occurre d. If the City of Vernon 851
observes Prohibited Container Contaminants in a generator’s containers on 852
more than ___ (_) consecutive occasion(s), the City of Vernon may assess 853
contamination processing fees or contamination penalties on the generator. 854
(4) With the exception of violations of generator contamination of container 855
contents addressed under Section 13(d)(3), City of Vernon shall issue a 856
Notice of Violation requiring compliance within 60 days of issuance of the 857
notice. 858
(5) Absent compliance by the respondent within the deadline set forth in the 859
Notice of Violation, City of Vernon shall commence an action to impose 860
penalties, via an administrative citation and fine, pursuant to the City of 861
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Vernon’s policy/ordinance/guidelines or requirements contained in Section 862
13(k), Table 1, List of Violations. 863
Notices shall be sent to “owner” at the official address of the owner 864
maintained by the tax collector for the City of Vernon or if no such address 865
is available, to the owner at the address of the dwelling or Commercial 866
property or to the party responsible for paying for the collection services, 867
depending upon available information. 868
(e) Penalty Amounts for Types of Violations 869
The penalty levels are as follows: 870
(1) For a first violation, the amount of the base penalty shall be $100 per 871
violation. 872
(2) For a second violation, the amount of the base penalty shall be $200 per 873
violation. 874
(3) For a third or subsequent violation, the amount of the base penalty shall be 875
$500 per violation. 876
(g) Compliance Deadline Extension Considerations 877
The City of Vernon may extend the compliance deadlines set forth in a Notice of 878
Violation issued in accordance with Section 13 if it finds that there are extenuating 879
circumstances beyond the control of the respondent that make compliance within 880
the deadlines impracticable, including the following: 881
(1) Acts of God such as earthquakes, wildfires, flooding, and other 882
emergencies or natural disasters; 883
(2) Delays in obtaining discretionary permits or other government agency 884
approvals; or, 885
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food 886
Recovery capacity and the City of Vernon is under a corrective action plan 887
with CalRecycle pursuant to 14 CCR Section 18996.2 due to those 888
deficiencies. 889
(h) Appeals Process 890
Persons receiving an administrative citation containing a penalty for an 891
uncorrected violation may request a hearing to appeal the citation. A hearing will 892
be held only if it is requested within the time prescribed and consistent with City of 893
Vernon’s procedures in the City of Vernon’s codes for appeals of administrative 894
citations. Evidence may be presented at the hearing. The City of Vernon will 895
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appoint a hearing officer who shall conduct the hearing and issue a final written 896
order. 897
(i) Education Period for Non-Compliance 898
Beginning January 1, 2022 and through December 31, 2023, City of Vernon will 899
conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, 900
and Compliance Reviews, depending upon the type of regulated entity, to 901
determine compliance, and if City of Vernon determines that Organic Waste 902
Generator, hauler, Tier One Commercial Edible Food Generator, Food Recovery 903
Organization, Food Recovery Service, or other entity is not in compliance, it shall 904
provide educational materials to the entity describing its obligations under this 905
ordinance and a notice that compliance is required by January 1, 2022, and that 906
violations may be subject to administrative civil penalties starting on January 1, 907
2024. 908
(j) Civil Penalties for Non-Compliance 909
Beginning January 1, 2024, if the City of Vernon determines that an Organic Waste 910
Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food 911
Generator, Food Recovery Organization, Food Recovery Service, or other entity 912
is not in compliance with this ordinance, it shall document the noncompliance or 913
violation, issue a Notice of Violation, and take Enforcement Action pursuant to 914
Section 13, as needed. 915
(k) Enforcement Table 916
Table 1. List of Violations 917
Requirement Description of Violation
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Sections 5
Commercial Business fails to provide or arrange for
Organic Waste collection services consistent with City
of Vernon requirements and as outlined in this
ordinance, for employees, contractors, tenants, and
customers, including supplying and allowing access
to adequate numbers, size, and location of containers
and sufficient signage and container color.
Organic Waste Generator
Requirement
Section 4, 5, and 6
Organic Waste Generator fails to comply with
requirements adopted pursuant to this ordinance for
the collection and Recovery of Organic Waste.
Hauler Requirement
Section, Section 8
A hauler providing residential, Commercial or
industrial Organic Waste collection service fails to
transport Organic Waste to a facility, operation,
activity, or property that recovers Organic Waste, as
prescribed by this ordinance.
-26- Model Ordinance
Hauler Requirement
Section 8
A hauler providing residential, Commercial, or
industrial Organic Waste collection service fails to
obtain applicable approval issued by the City of
Vernon to haul Organic Waste as prescribed by this
ordinance.
Hauler Requirement
Section 8
A hauler fails to keep a record of the applicable
documentation of its approval by the City of Vernon,
as prescribed by this ordinance.
Commercial Edible Food
Generator Requirement
Section 6
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
Service and comply with this Section commencing
Jan. 1, 2022.
Commercial Edible Food
Generator Requirement
Section 6
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
Service and comply with this Section commencing
Jan. 1, 2024.
Commercial Edible Food
Generator Requirement
Section 6
Tier One or Tier Two Commercial Edible Food
Generator intentionally spoils Edible Food that is
capable of being recovered by a Food Recovery
Organization or Food Recovery Service.
Organic Waste Generator,
Commercial Business
Owner, Commercial Edible
Food Generator, Food
Recovery Organization or
Food Recovery Service
Sections 5, 6 and 7
Failure to provide or arrange for access to an entity’s
premises for any Inspection or investigation.
Recordkeeping
Requirements for
Commercial Edible Food
Generator
Section 6
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records, as prescribed by
Section 9.
Recordkeeping
Requirements for Food
Recovery Services and Food
Recovery Organizations
Section 7
A Food Recovery Organization or Food Recovery
Service that has established a contract or written
agreement to collect or receive Edible Food directly
from a Commercial Edible Food Generator pursuant
to 14 CCR Section 18991.3(b) fails to keep records,
as prescribed by Section 10.
918
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SECTION 14. EFFECTIVE DATE 919
This ordinance shall be effective commencing on ___________________. (City of Vernon 920
to insert date of effectiveness.) 921
922
Mandatory Organic Waste Disposal Reduction Ordinance
Highlights
STANDARD BASED –
Two-Bin Sort System
# OF BINS/
COLORS
TWO – Blue, Gray (Mixed Waste)
CONTENTS OF
BINS
BLUE: traditional non-organic recyclables, such as bottles, cans,
and organic recyclables such as paper and cardboard.
GRAY: Mixed Waste (garbage, organic waste such as food waste
and yard waste)
REGULATION OF
HAULERS AND
REQUIREMENTS
BLUE bin must be sent to a facility, operation, activity, or property
that recovers recyclables.
GRAY bin must be sent to a High-Diversion Organic Waste
Processing Facility*
BIN
CONTAMINATION
MINIMIZATION
Must monitor contamination on all bins by conducting route
reviews or waste evaluations.
INSPECTIONS Required
CHALLENGES Must send to high-diversion facility.
Spacing requirements, particularly with multi-tenant buildings.
*High-diversion organic waste processing facilities must demonstrate they can
separate and recover 50 percent of organic materials in the mixed waste stream by
January 1, 2022 and 75 percent by 2025. Additionally, the organic materials that are
sent on for further processing should have little contamination by meeting the
incompatible materials limit. These options require that GRAY bins to be sent to a
high-diversion organic waste processing facility.