Ordinance No. 1278ORDINANCE NO. 1278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
ADDING CHAPTER 8.14 TO THE VERNON MUNICIPAL CODE TO
REGULATE ORGANIC WASTE DISPOSAL REDUCTION
SECTION 1. Recitals.
A. Senate Bill 1383 (SB 1383) (Chapter 395, Statutes of 2016) directed the California
Department of Resources Recycling and Recovery (CalRecycle) to adopt
regulations to reduce organic waste by 50 percent from its 2014 baseline level by
2020 and 75 percent by 2025.
B. SB 1383 also requires the regulations to recover, for human consumption, at least
20 percent of edible food that is currently thrown away.
C. CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-
Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of
Regulations.
D. The SB 1383 Regulations take effect January 1, 2022, and require the City of
Vernon to adopt an ordinance to enforce the SB 1383 Regulations by said date.
E. The City Council desires to add an Organics Recycling Ordinance to comply with
the SB 1383 Regulations.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines
that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. Chapter 8.14 is hereby added to the Vernon Municipal Code, to read
as follows:
Chapter 8.14 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Section 8.14.010 Definitions
The following definitions shall apply to the provisions of this article:
(a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of Source Separated
Recyclable Materials or Source Separated Blue Container Organic Waste.
(b) “CalRecycle” means California's Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for developing,
implementing, and enforcing SB 1383 Regulations on City of Vernon.
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(c) “California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this ordinance are preceded with a number that
refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
(d) “City of Vernon Enforcement Official” means the City Administrator, or other
executive in charge or their authorized Designee(s) who are responsible for
enforcing this ordinance.
(e) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit,
strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise
defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that
consists of fewer than five (5) units is not a Commercial Business for purposes of
implementing this ordinance.
(f) “Commercial Edible Food Generator” includes a Tier One or a Tier Two
Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this
ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).
For the purposes of this definition, Food Recovery Organizations and Food
Recovery Services are not Commercial Edible Food Generators pursuant to 14
CCR Section 18982(a)(7).
(g) “Compliance Review” means a review of records by the City of Vernon to
determine compliance with this ordinance.
(h) “Community Composting” means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and Compost on-site at any one
time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR
Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(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) “Compostable Plastics” or “Compostable Plastic” means plastic materials that
meet the ASTM D6400 standard for compostability, or as otherwise described in
14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(k) “Container Contamination” or “Contaminated Container” means a container,
regardless of color, that contains Prohibited Container Contaminants, or as
otherwise defined in 14 CCR Section 18982(a)(55).
(l) “C&D” means construction and demolition debris.
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(m) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR
Section 18982(14.5), means a Solid Waste facility that accepts a Source
Separated Organic Waste collection stream as defined in 14 CCR Section
17402(a)(26.6) and complies with one of the following:
(1) The facility is a “transfer/processor,” as defined in 14 CCR Section
18815.2(a)(62), that is in compliance with the reporting requirements of 14
CCR Section 18815.5(d), and meets or exceeds an annual average Source
Separated organic content Recovery rate of 50 percent between January 1,
2022 and December 31, 2024 and 75 percent on and after January 1, 2025
as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste
received from the Source Separated Organic Waste collection stream.
(A) If a transfer/processor has an annual average Source Separated
organic content Recovery rate lower than the rate required in
Paragraph 1 of this definition for two (2) consecutive reporting
periods, or three (3) reporting periods within three (3) years, the
facility shall not qualify as a “Designated Source Separated Organic
Waste Facility”.
(2) The facility is a “composting operation” or “composting facility” as defined in
14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted
under 14 CCR Section 18815.7 demonstrates that the percent of the
material removed for landfill disposal that is Organic Waste is less than the
percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3),
whichever is applicable, and, if applicable, complies with the digestate
handling requirements specified in 14 CCR Section 17896.5.
(A) If the percent of the material removed for landfill disposal that is
Organic Waste is more than the percent specified in 14 CCR Section
17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting
periods, or three (3) reporting periods within three (3) years, the
facility shall not qualify as a “Designated Source Separated Organic
Waste Facility.” For the purposes of this ordinance, the reporting
periods shall be consistent with those defined in 14 CCR Section
18815.2(a)(49).
(n) “Edible Food” means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as
otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid
Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR,
Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that
does not meet the food safety requirements of the California Retail Food Code.
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(o) “Enforcement Action" means an action of the City of Vernon to address non-
compliance with this ordinance including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
(p) “Excluded Waste” means hazardous substance, hazardous waste, infectious
waste, designated waste, volatile, corrosive, medical waste, infectious, regulated
radioactive waste, and toxic substances or material that facility operator(s), which
receive materials from the City of Vernon and its generators, reasonably believe(s)
would, as a result of or upon acceptance, transfer, processing, or disposal, be a
violation of local, State, or Federal law, regulation, or ordinance, including: land
use restrictions or conditions, waste that cannot be disposed of in Class III landfills
or accepted at the facility by permit conditions, waste that in City of Vernon, 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 of Vernon,
or its Designee, to potential liability; but not including de minimis volumes or
concentrations of waste of a type and amount normally found in Single-Family or
Multi-Family Solid Waste after implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries and paint in compliance
with Sections 41500 and 41802 of the California Public Resources Code. Excluded
Waste does not include used motor oil and filters, household batteries, universal
wastes, and/or latex paint when such materials are defined as allowable materials
for collection through the City of Vernon’s collection programs and the generator
or customer has properly placed the materials for collection pursuant to
instructions provided by City of Vernon or its Designee for collection services.
(q) “Food Distributor” means a company that distributes food to entities including, but
not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14
CCR Section 18982(a)(22).
(r) “Food Facility” has the same meaning as in Section 113789 of the Health and
Safety Code.
(s) “Food Recovery” means actions to collect and distribute food for human
consumption that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
(t) “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), including, but not
limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the
Health and Safety code; and
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(3) A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization
differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to
this ordinance.
(u) “Food Recovery Service” means a person or entity that collects and transports
Edible Food from a Commercial Edible Food Generator to a Food Recovery
Organization or other entities for Food Recovery, or as otherwise defined in 14
CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible
Food Generator for the purposes of this ordinance and implementation of 14 CCR,
Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
(v) “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.
(w) “Food Service Provider” means an entity primarily engaged in providing food
services to institutional, governmental, Commercial, or industrial locations of
others based on contractual arrangements with these types of organizations, or as
otherwise defined in 14 CCR Section 18982(a)(27).
(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, Food-Soiled Paper, and Compostable Plastics.
(z) “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 Mixed Waste.
(aa) “Grocery Store” means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area
that is not separately owned within the store where the food is prepared and
served, including a bakery, deli, and meat and seafood departments, or as
otherwise defined in 14 CCR Section 18982(a)(30).
(bb) “Hauler Route” means the designated itinerary or sequence of stops for each
segment of the City of Vernon’s collection service area, or as otherwise defined in
14 CCR Section 18982(a)(31.5).
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(cc) “High Diversion Organic Waste Processing Facility” means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and
meets or exceeds an annual average Mixed Waste organic content Recovery rate
of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent
after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for
Organic Waste received from the “Mixed waste organic collection stream” as
defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR
Section 18982(a)(33).
(dd) “Inspection” means a site visit where a City of Vernon reviews records, containers,
and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste
or Edible Food handling to determine if the entity is complying with requirements
set forth in this ordinance, or as otherwise defined in 14 CCR Section
18982(a)(35).
(ee) “Large Event” means an event, including, but not limited to, a sporting event or a
flea market, that charges an admission price, or is operated by a local agency, and
serves an average of more than 2,000 individuals per day of operation of the event,
at a location that includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open space when
being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to
this ordinance.
(ff) “Large Venue” means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this ordinance and implementation
of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a
public, nonprofit, or privately owned or operated stadium, amphitheater, arena,
hall, amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum, theater, or
other public attraction facility. For purposes of this ordinance and implementation
of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that
includes more than one Large Venue that is contiguous with other Large Venues
in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39)
differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall
apply to this ordinance.
(gg) “Local Education Agency” means a school district, charter school, or county office
of education that is not subject to the control of city or county regulations related
to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
(hh) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste
collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or
18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as
otherwise defined in 14 CCR Section 17402(a)(11.5).
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(ii) “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.
(jj) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23
CCR, Division 2, Chapter 2.7.
(kk) “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).
(ll) “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).
(mm) “Notice of Violation (NOV)” means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section
18995.4.
(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, landscape and pruning waste, organic textiles and carpets, lumber,
wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate,
and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids
and digestate are as defined by 14 CCR Section 18982(a).
(oo) “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, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and
toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
(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).
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(rr) “Prohibited Container Contaminants”
(1) Two-container (blue/gray) collection service for Source Separated
Recyclable Materials and mixed materials): “Prohibited Container
Contaminants” means the following: (i) discarded materials placed in a Blue
Container that are not identified as acceptable Source Separated
Recyclable Materials for City of Vernon’s Blue Container; (ii) discarded
materials placed in the Gray Container that are identified as acceptable
Source Separated Recyclable Materials, which are to be separately
collected in City of Vernon’s Blue Container; and, (iii) Excluded Waste
placed in any container.
(ss) “Recovered Organic Waste Products” means products made from California,
landfill-diverted recovered Organic Waste processed in a permitted or otherwise
authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(tt) “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).
(uu) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper
that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as
otherwise defined in 14 CCR Section 18982(a)(61).
(vv) “Regional Agency” means regional agency as defined in Public Resources Code
Section 40181.
(ww) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless
electronic devices as remote monitoring technology in collection containers or on
collection vehicles to visualize the contents of Blue Containers and Gray
Containers for purposes of identifying the quantity of materials in containers (level
of fill) and/or presence of Prohibited Container Contaminants.
(xx) “Rendering Plant” means an establishment where one or more rendering materials
are cooked, melted down, extracted, clarified, or otherwise processed to produce
oil, tallow, grease, fertilizer, or animal feed. A rendering plant shall not include an
establishment exclusively producing fats, oils, lard, or similar products for human
consumption; nor any similar process in connection with, and incidental to, a
slaughterhouse, abattoir, packing plant, or similar establishment producing food
for human consumption.
(yy) “Renewable Gas” means gas derived from Organic Waste that has been diverted
from a California landfill and processed at an in-vessel digestion facility that is
permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as
otherwise defined in 14 CCR Section 18982(a)(62).
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(zz) “Restaurant” means an establishment primarily engaged in the retail sale of food
and drinks for on-premises or immediate consumption, or as otherwise defined in
14 CCR Section 18982(a)(64).
(aaa) “Route Review” means a visual Inspection of containers along a Hauler 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).
(bbb) “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.
(ccc) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the
purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste
Reduction regulations developed by CalRecycle and adopted in 2020 that created
14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR
and 27 CCR.
(ddd) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or
recyclable material he or she has generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in 14 CCR
Section 18982(a)(66). Back-haul means generating and transporting Organic
Waste to a destination owned and operated by the generator using the generator’s
own employees and equipment, or as otherwise defined in 14 CCR Section
18982(a)(66)(A).
(eee) “Single-Family” means of, from, or pertaining to any residential premises with fewer
than five (5) units.
(fff) “Solid Waste” has the same meaning as defined in State Pu blic Resources Code
Section 40191, which defines Solid Waste as all putrescible and nonputrescible
solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper,
rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial appliances, dewatered,
treated, 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.
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(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.
(ggg) “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 standards necessary to be used in the marketplace, or as otherwise
defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance,
Source Separated shall include separation of materials by the generator, property
owner, property owner’s employee, property manager, or property manager’s
employee into different containers for the purpose of collection such that Source
Separated materials are separated from Mixed Waste or other Solid Waste for the
purposes of collection and processing.
(hhh) “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
Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
(iii) “Source Separated Recyclable Materials” means Source Separated Non -Organic
Recyclables and Source Separated Blue Container Organic Waste.
(jjj) “State” means the State of California.
(kkk) “Supermarket” means a full-line, self-service retail store with gross annual sales of
two million dollars ($2,000,000), or more, and which sells a line of dry grocery,
canned goods, or nonfood items and some perishable items, or as otherwise
defined in 14 CCR Section 18982(a)(71).
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(lll) “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.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial
Edible Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(73) shall apply to this ordinance.
(mmm) “Tier Two Commercial Edible Food Generator” means a Commercial Edible
Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or 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.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial
Edible Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(74) shall apply to this ordinance.
(nnn) “Uncontainerized Green Waste and Yard Waste Collection Service” or
“Uncontainerized Service” means a collection service that collects green waste
and yard waste that is placed in a pile or bagged for collection on the street in front
of a generator’s house or place of business for collection and transport to a facility
that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR
Section 189852(a)(75).
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(ooo) “Wholesale Food Vendor” means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and
vegetables) is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined in 14 CCR
Section 189852(a)(76).
Section 8.14.020. Requirements for Single-Family Generators
Single-Family Organic Waste Generators shall comply with the following requirements:
(a) Shall subscribe to City of Vernon’s Organic Waste collection services for all
Organic Waste generated as described below in subsection (b). City of Vernon
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 of Vernon. 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).
(b) Shall participate in the City of Vernon’s Organic Waste collection service by placing
designated materials in designated containers as described below, and shall not
place Prohibited Container Contaminants in collection containers.
(1) Two-container collection service (Blue Container/Gray Container system)
(a) Blue Container/Gray Container: Generator shall place only Source
Separated Recyclable Materials in a Blue Container. Generator shall
place all other materials (Mixed Waste) in a Gray Container.
Section 8.14.030 Requirements for Commercial Businesses
Generators that are Commercial Businesses, including Multi-Family Residential
Dwellings, shall:
(a) Subscribe to City of Vernon’s two-container collection services and comply with
requirements of those services as described below, except Commercial
Businesses that meet the Self-Hauler Requirements in accordance with Section
8.14.080. City of Vernon 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 of Vernon.
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(b) Participate in the City of Vernon’s Organic Waste collection service by placing
designated materials in designated containers as described below.
(1) Two-container collection service (Blue Container/Gray Container system)
(A) Blue Container/Gray Containers: Generator shall place only Source
Separated Recyclable Materials in a Blue Container. Generator shall
place all other materials (Mixed Waste) in a Gray Container.
(c) Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors (conforming with Section 8.14.030(d)(1)
and 8.14.030(d)(2) below) for employees, contractors, tenants, and customers,
consistent with City of Vernon’s Blue Container, and Gray Container collection
service.
(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection
of Source Separated Recyclable Materials in all indoor and outdoor areas where
disposal containers are provided for customers, for materials generated by that
business. Such containers do not need to be provided in restrooms. If a
Commercial Business does not generate any of the materials that would be
collected in one type of container, then the business does not have to provide that
particular container in all areas where disposal containers are provided for
customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by
the business shall have either:
(1) A body or lid that conforms with the container colors provided through the
collection service provided by City of Vernon, with either lids conforming to
the color requirements or bodies conforming to the color requirements or
both lids and bodies conforming to color requirements. A Commercial
Business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply with the
requirements of the subsection prior to the end of the useful life of those
containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited in that
container, or containers with imprinted text or graphic images that indicate
the primary materials accepted and primary materials prohibited in the
container. Pursuant 14 CCR Section 18984.8, the container labeling
requirements are required on new containers commencing January 1, 2022.
(e) Multi-Family Residential Dwellings are not required to comply with container
placement requirements or labeling requirement in Section 8.14.030(d) pursuant
to 14 CCR Section 18984.9(b).
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(f) To the extent practical through education, training, Inspection, and/or other
measures, excluding Multi-Family Residential Dwellings, prohibit employees from
placing materials in a container not designated for those materials per the City of
Vernon’s Blue Container, and Gray Container collection service.
(g) Excluding Multi-Family Residential Dwellings, monthly inspect Blue Containers,
and Gray Containers for contamination and inform employees if containers are
contaminated and of the requirements to keep contaminants out of those
containers pursuant to 14 CCR Section 18984.9(b)(3).
(h) Annually provide information to employees, contractors, tenants, and customers
about Organic Waste Recovery requirements and about proper sorting of Source
Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days of occupation of
the premises to new tenants that describes requirements to keep Source
Separated Recyclable Materials separate from Mixed Waste (when applicable)
and the location of containers and the rules governing their use at each property.
(j) Provide or arrange access for City of Vernon or its agent to their properties during
all Inspections conducted in accordance with Vernon Municipal Code Section
8.14.120 to confirm compliance with the requirements of this ordinance.
(k) Accommodate and cooperate with City of Vernon’s Remote Monitoring program
for Inspection of the contents of containers for Prohibited Container Contaminants,
which may be implemented at a later date, to evaluate generator’s compliance with
Section 8.14.030(b). The Remote Monitoring program shall involve installation of
Remote Monitoring equipment on or in the Blue Containers, and Gray Containers.
(l) At Commercial Business’s option and subject to any approval required from the
City of Vernon, implement a Remote Monitoring program for Inspection of the
contents of its Blue Containers, and Gray Containers for the purpose of monitoring
the contents of containers to determine appropriate levels of service and to identify
Prohibited Container Contaminants. Generators may install Remote Monitoring
devices on or in the Blue Containers, and Gray Containers subject to written
notification to or approval by the City of Vernon.
(m) Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, or using a Community Composting
site pursuant to 14 CCR Section 18984.9(c).
(n) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements, pursuant to Vernon
Municipal Code Section 8.14.050.
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Section 8.14.040 Waivers for Generators
(a) De Minimis Waivers
City of Vernon may waive a Commercial Business’ obligation (including Multi -
Family Residential Dwellings) to comply with some or all of the Organic Waste
requirements of this ordinance if the Commercial Business provides written self-
attestation and documentation that the business generates below a certain amount
of Organic Waste material as described in Section 8.14.040(a)(2) below.
Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a
waiver from and provide documentation as noted in Section 8.14.040(a)(2)
below.
(2) Provide written self-attestation that either:
(A) The Commercial Business’ total Solid Waste collection service is two
cubic yards or more per week and Organic Waste subject to
collection in a Blue Container or Green Container comprises less
than 20 gallons per week per applicable container of the business’
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 of Vernon if circumstances change such that Commercial
Business’s Organic Waste exceeds threshold required for waiver, in which
case waiver will be rescinded.
(4) The Commercial Business shall recertify the de minimis waiver every 5
years, if City of Vernon has approved de minimis waiver.
(5) The City of Vernon reserves the right to revoke a de minimis waiver at any
time if the generator is found to be in violation of any section of this chapter.
(b) Physical Space Waivers
City of Vernon may waive a Commercial Business’ or property owner’s obligations
(including Multi-Family Residential Dwellings) to comply with some or all of the
recyclable materials and/or Organic Waste collection service requirements if the
Jurisdiction has evidence from its own staff, a hauler, licensed architect, or
licensed engineer demonstrating that the premises lacks adequate space for the
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collection containers required for compliance with the Organic Waste collection
requirements of Vernon Municipal Code Section 8.14.020 or 8.14.030.
A Commercial Business or property owner may request a physical space waiver
through the following process:
(1) Submit an application form specifying the type(s) of collection services for
which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue
Containers including documentation from its hauler, licensed architect, or
licensed engineer.
(3) The Commercial Business or property owner shall recertify the physical
space waiver every 5 years if City of Vernon has approved application for a
physical space waiver.
(4) The City of Vernon reserves the right to revoke a physical space waiver at
any time if the generator is found to be in violation of any section of this
chapter.
(c) Collection Frequency Waiver
City of Vernon, 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 of Vernon’s two -
container 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) The City of Vernon may provide additional waivers of the requirements of this
chapter to the extent permitted by applicable law.
(e) Review and approval of waivers will be the responsibility of the City of Vernon
Enforcement Official, which may be the Director of Health and Environmental
Control or their designated entity, legal counsel, or combination thereof.
Section 8.14.050. 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, pursuant to 14 CCR
Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing
for food to be provided by others, shall require Food Facilities operating at the
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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:
(1) 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 Food Recovery; or, (ii) acceptance of the Edible Food that the
Commercial Edible Food Generator self-hauls to the Food Recovery
Organization for Food Recovery.
(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 City of Vernon’s designated enforcement entity to access the
premises and review records pursuant to 14 CCR Section 18991.4.
(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 contracts or written agreements established under 14
CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food
Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the
Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-
hauled.
(iv) The quantity of food, measured in pounds recovered per
month, collected or self-hauled to a Food Recovery Service or
Food Recovery Organization for Food Recovery.
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(6) No later than December 31 of each year commencing no later than January
1, 2022 or Tier One Commercial Edible Food Generators and January 1,
2024 for Tier Two Commercial Edible Food Generators provide an annual
Food Recovery report to the City of Vernon that includes the following
information:
(A) Records as specified in Section 8.14.090(c)(5) of this ordinance or
as otherwise specified in 14 CCR Section 18991.4.
(B) Amount and type of Edible Food that was not accepted by Food
Recovery Organizations or services for donation.
(d) Nothing in this ordinance shall be construed to limit or conflict with the protections
provided by the California Good Samaritan Food Donation Act of 2017, the Federal
Good Samaritan Act, or share table and school food donation guidance pursuant
to Senate Bill 557 of 2017 (approved by the Governor of the State of California on
September 25, 2017, which added Article 13 [commencing with Section 49580] to
Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend
Section 114079 of the Health and Safety Code, relating to food safety, as
amended, supplemented, superseded and replaced from time to time).
Section 8.14.060 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 the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible
Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial
Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
(4) The name, address, and contact information for each Food Recovery
Organization that the Food Recovery Service transports Edible Food to for
Food Recovery.
(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 the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
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(1) The name, address, and contact information for each Commercial Edible
Food Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial
Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery
Service that the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services shall inform
generators about California and Federal Good Samaritan Food Donation Act
protection in written communications, such as in their contract or agreement
established under 14 CCR Section 18991.3(b).
(d) Food Recovery Organizations and Food Recovery Services that have their primary
address physically located in the City of Vernon and contract with or have written
agreements with one or more Commercial Edible Food Generators pursuant to 14
CCR Section 18991.3(b) shall report to the City of Vernon the total pounds of
Edible Food recovered in the previous calendar year from the Tier One and Tier
Two Commercial Edible Food Generators they have established a contract or
written agreement with pursuant to 14 CCR Section 18991.3(b) no later than
January 1, of each calendar year.
Section 8.14.070 Requirements for Haulers and Facility Operators
(a) Requirements for Haulers
(1) Non-exclusive franchised haulers, Permitted haulers, or Licensed haulers
providing residential, Commercial, or industrial Organic Waste collection
services to generators within the City of Vernon’s boundaries shall meet the
following requirements and standards as a condition of approval of a
contract, agreement, or other authorization with the City of Vernon to collect
Organic Waste:
(A) Through written notice to the City of Vernon annually on or before
December 31, identify the facilities to which they will transport
Organic Waste including facilities for Source Separated Recyclable
Materials, and Mixed Waste.
(B) Transport Source Separated Recyclable Materials, and Mixed Waste
to a facility, operation, activity, or property that recovers Organic
Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) Obtain approval from the City of Vernon to haul Organic Waste,
unless it is transporting Source Separated Organic Waste to a
Community Composting site or lawfully transporting C&D in a
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manner that complies with 14 CCR Section 18989.1, Section
8.14.070 of this ordinance, and City of Vernon’s C&D ordinance.
(2) Non-exclusive franchised haulers, Permitted haulers, or Licensed haulers
authorized to collect Organic Waste shall comply with education,
equipment, signage, container labeling, container color, contamination
monitoring, reporting, and other requirements contained within its franchise
agreement, contract, or other agreement entered into with City of Vernon.
(b) Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in-vessel digestion facilities,
and publicly owned treatment works shall, upon City of Vernon 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 of Vernon shall respond within 60 days.
(2) Community Composting operators, upon City of Vernon request, shall
provide information to the City of Vernon 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 of Vernon shall respond within 60 days.
Section 8.14.080. Self-Hauler Requirements
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste
generated on-site from Solid Waste in a manner consistent with 14 CCR Sections
18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic
Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility
that recovers those materials; and haul their Source Separated Green Container
Organic Waste to a Solid Waste facility, operation, activity, or property that
processes or recovers Source Separated Organic Waste. Alternatively, Self-
Haulers may haul Organic Waste to a High Diversion Organic Waste Processing
Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each
Solid Waste facility, operation, activity, or property that processes or recovers
Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The
records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
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(2) The amount of material in cubic yards or tons transported by the generator
to each entity.
(3) If the material is transported to an entity that does not have scales on-site
or employs scales incapable of weighing the Self-Hauler’s vehicle in a
manner that allows it to determine the weight of materials received, the Self-
Hauler is not required to record the weight of material but shall keep a record
of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-
Haulers) shall provide information collected in Section 8.14.080.10(c) to City of
Vernon if requested.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not
required to record or report information in Section 8.14.080.10(c) and (d).
(f) In accordance with Vernon Municipal Code Section 8.12.060(H), Self-Haulers
must obtain a permit from the City of Vernon prior to any self- hauling activities.
Any applicant issued a Self-Hauler permit for Source Separated Recyclable
Materials, Construction and Demolition, and/or Organic Waste found to be in
violation of this ordinance, may have their self-hauler permit immediately and
temporarily suspended, in accordance with Vernon Municipal Code Section
8.12.060(H)(9). If such a permit is suspended or revoked, and the applicant will
be required to subscribe to solid waste and recycling services from the City’s
franchise waste haulers within five (5) days of the suspension or revocation.
Failure to subscribe to solid waste and recycling services may result in penalties
prescribed in accordance with Vernon Municipal Code Section 8.14.130.
Section 8.14.090. Compliance with CALGreen Recycling Requirements
(a) The City of Vernon has adopted by reference the California Green Building
Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, as set forth
in Vernon Municipal Code Sec. 24.106 and 24.107. Persons applying for a permit
from the City of Vernon for new construction and building additions and
alternations shall comply with the requirements of this Section and all required
components of the California Green Building Standards Code, 24 CCR, Part 11,
known as CALGreen, as amended, if its project is covered by the scope of
CALGreen or more stringent requirements of the City of Vernon. If the
requirements of CALGreen are more stringent then the requirements of this
Section, the CALGreen requirements shall apply.
Project applicants shall refer to City of Vernon’s building and/or planning code for
complete CALGreen requirements.
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Section 8.14.100. Model Water Efficient Landscaping Ordinance Requirements
(a) Property owners or their building or landscape designers, including anyone
requiring a building or planning permit, plan check, or landscape design review
from the City of Vernon, who are constructing a new (Single-Family, Multi-Family,
public, institutional, or Commercial) project with a landscape area greater than 500
square feet, or rehabilitating an existing landscape with a total landscape area
greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D),
and (G) of the MWELO, including sections related to use of Compost and mulch
as delineated in this Section 8.14.100.
(b) The following Compost and mulch use requirements that are part of the MWELO
are now also included as requirements of this ordinance. Other requirements of
the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter I2.7.
(c) Property owners or their building or landscape designers that meet the threshold
for MWELO compliance outlined in Section 8.14.100 (a) above shall:
(1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation,
mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be
incorporated to a depth of six (6) inches into the soil. Soils with
greater than six percent (6%) organic matter in the top six (6) inches
of soil are exempt from adding Compost and tilling.
(B) For landscape installations, a minimum three- (3-) inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent (5%) of the
landscape area may be left without mulch. Designated insect habitat
must be included in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post-consumer
materials shall take precedence over inorganic materials or virgin
forest products unless the recycled post-consumer organic products
are not locally available. Organic mulches are not required where
prohibited by local fuel modification plan guidelines or other
applicable local ordinances.
(2) The MWELO compliance items listed in this Section are not an inclusive list
of MWELO requirements; therefore, property owners or their building or
landscape designers that meet the threshold for MWELO compliance
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outlined in Section 8.14.100 (a) shall consult the full MWELO for all
requirements.
(d) If, after the adoption of this ordinance, the California Department of Water
Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7,
Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015
requirements in a manner that requires City of Vernon to incorporate the
requirements of an updated MWELO in a local ordinance, and the amended
requirements include provisions more stringent than those required in this Section,
the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
Section 8.14.110. Procurement Requirements for City of Vernon Departments,
Direct Service Providers, and Vendors
(a) City of Vernon departments, and direct service providers to the City of Vernon, as
applicable, must comply with the City of Vernon’s Recovered Organic Waste
Product Procurement Policy and Recycled-Content Paper Procurement Policy.
(b) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled-Content Paper Products
and Recycled-Content Printing and Writing Paper that consists of at least
30 percent, by fiber weight, postconsumer fiber instead of non-recycled
products whenever recycled Paper Products and Printing and Writing Paper
are available at the same or lesser total cost than non-recycled items or at
a total cost of no more than 5% of the total cost for non-recycled items.
(2) Provide Paper Products and Printing and Writing Paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
(3) Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing
Paper offered or sold to the City of Vernon. This certification requirement
may be waived if the percentage of postconsumer material in the Paper
Products, Printing and Writing Paper, or both can be verified by a product
label, catalog, invoice, or a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, that the Paper Products
and Printing and Writing Paper offered or sold to the City of Vernon is
eligible to be labeled with an unqualified recyclable label as defined in 16
Code of Federal Regulations (CFR) Section 260.12 (2013).
(5) Provide records to the City of Vernon’s Recovered Organic Waste Produ ct
procurement recordkeeping Designee, in accordance with the City of
Vernon’s Recycled-Content Paper procurement policy(ies) of all Paper
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Products and Printing and Writing Paper purchases within thirty (30) days
of the purchase (both recycled-content and non-recycled content, if any is
purchased) made by any division or department or employee of the City of
Vernon. Records shall include a copy (electronic or paper) of the invoice or
other documentation of purchase, written certifications as required in
Section 8.14.110(b)(3) and 8.14.110(b)(4) of this ordinance for recycled-
content purchases, purchaser name, quantity purchased, date purchased,
and recycled content (including products that contain none), and if non-
recycled content Paper Products or Printing and Writing Papers are
provided, include a description of why Recycled-Content Paper Products or
Printing and Writing Papers were not provided.
Section 8.14.120. Inspections and Investigations by City of Vernon
(a) City of Vernon representatives and/or its designated entity are authorized to
conduct Inspections and investigations, at random or otherwise, of any collection
container, collection vehicle loads, or transfer, processing, or disposal facility for
materials collected from generators, or Source Separated materials to confirm
compliance with this ordinance by Organic Waste Generators, Commercial
Businesses (including Multi-Family Residential Dwellings), property owners,
Commercial Edible Food Generators, haulers, Food Recovery Services, and Food
Recovery Organizations, subject to applicable laws. This Section does not allow
City of Vernon to enter the interior of a private residential property for Inspection.
For the purposes of inspecting Commercial Business containers for compliance
with this chapter, City of Vernon may conduct container Inspections for Prohibited
Container Contaminants using Remote Monitoring, and Commercial Businesses
shall accommodate and cooperate with City’s use of Remote Monitoring.
(b) Any entity regulated under this chapter shall provide or arrange for access during
all Inspections (with the exception of residential property interiors) and shall
cooperate with the City of Vernon’s employee 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 ordinance described herein. Failure to
provide or arrange for: (i) access to an entity’s premises; (ii) installation and
operation of Remote Monitoring equipment, if applicable; or (ii) access to records
for any Inspection or investigation is a violation of this ordinance and may result in
penalties described.
(c) Any records obtained by the City of Vernon during its Inspections, Remote
Monitoring, and other reviews shall be subject to the requirements and applicable
disclosure exemptions of the Public Records Act as set forth in Government Code
Section 6250 et seq.
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(d) City of Vernon representatives are authorized to conduct any Inspections, Remote
Monitoring, or other investigations as reasonably necessary to further the goals of
this ordinance, subject to applicable laws.
(e) City of Vernon shall receive written complaints from persons regarding an entity
that may be potentially non-compliant with SB 1383 Regulations, including receipt
of anonymous complaints.
Section 8.14.130. Enforcement
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of
a Notice of Violation and assessment of a fine by a City of Vernon Enforcement
Official. Enforcement Actions under this ordinance are issuance of an
administrative citation and assessment of a fine. The City of Vernon’s procedures
on imposition of administrative fines are hereby incorporated in their entirety, as
modified from time to time, and shall govern the imposition, enforcement,
collection, and review of administrative citations issued to enforce this ordinance
and any rule or regulation adopted pursuant to this ordinance, except as otherwise
indicated in this ordinance.
(b) Other remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. City of Vernon may pursue civil actions in the
California courts to seek recovery of unpaid administrative citations. City of Vernon
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 of Vernon staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance shall be undertaken by the City of
Vernon Enforcement Official, which may be the city administrator or their
designated entity, legal counsel, or combination thereof.
(A) City of Vernon Enforcement Official(s) will interpret ordinance;
determine if violation(s) have occurred; implement Enforcement
Actions; and, determine if compliance standards are met.
(B) City of Vernon Enforcement Official(s) may issue Notices of
Violation(s).
(d) Process for Enforcement
(1) City of Vernon Enforcement Officials will monitor compliance with the
ordinance randomly and through Compliance Reviews, Route Reviews,
investigation of complaints, and an Inspection program. Section 8.14.120
establishes City of Vernon’s right to conduct Inspections and investigations.
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(2) City of Vernon may issue an official notification to notify regulated entities
of its obligations under the ordinance.
(3) For incidences of Prohibited Container Contaminants found in containers,
City of Vernon will issue a Notice of Violation to any generator found to have
Prohibited Container Contaminants in a container. Such notice will be
provided via a cart tag or other communication immediately upon
identification of the Prohibited Container Contaminants or within 7 days after
determining that a violation has occurred. If the City of Vernon observes
Prohibited Container Contaminants in a generator’s containers on more
than three (3) occasion(s), within a calendar year, the City of Vernon may
assess contamination processing fees or contamination penalties on the
generator.
(4) With the exception of violations of generator contamination of container
contents addressed under Section 8.14.130(d)(3), City of Vernon shall
issue a Notice of Violation requiring compliance within 60 days of issuance
of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the
Notice of Violation, City of Vernon shall commence an action to impose
penalties, via an administrative citation and fine, pursuant to the City of
Vernon’s requirements contained in Section 8.14.130(k), Table 1, List of
Violations.
Notices shall be sent to “owner” at the official address of the owner
maintained by the tax collector for the City of Vernon or if no such address
is available, to the owner at the address of the dwelling or Commercial
property or to the party responsible for paying for the collection services,
depending upon available information.
(e) Penalty Amounts for Types of Violations
The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $100 per
violation.
(2) For a second violation, the amount of the base penalty shall be $200 per
violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be
$500 per violation.
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(g) Compliance Deadline Extension Considerations
The City of Vernon may extend the compliance deadlines set forth in a Notice of
Violation issued in accordance with Section 8.14.130 if it finds that there are
extenuating circumstances beyond the control of the respondent that make
compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other
emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency
approvals; or
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food
Recovery capacity and the City of Vernon is under a corrective action plan
with CalRecycle pursuant to 14 CCR Section 18996.2 due to those
deficiencies.
(h) Appeals Process
Persons receiving an administrative citation containing a penalty for an
uncorrected violation may request a hearing to appeal the citation. A hearing will
be held only if it is requested within the time prescribed and consistent with City of
Vernon’s procedures in the City of Vernon’s codes for appeals of administrative
citations. Evidence may be presented at the hearing. The City of Vernon will
appoint a hearing officer who shall conduct the hearing and issue a written order.
(i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City of Vernon will
conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations,
and Compliance Reviews, depending upon the type of regulated entity, to
determine compliance, and if City of Vernon determines that Organic Waste
Generator, hauler, Tier One Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance, it shall
provide educational materials to the entity describing its obligations under this
ordinance and a notice that compliance is required by December 31, 2023 and that
violations may be subject to administrative civil penalties starting on January 1,
2024.
(j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City of Vernon 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
Ordinance No. 1278
Page 28 of 30
_______________________
violation, issue a Notice of Violation, and take Enforcement Action pursuant to
Section 8.14.130, as needed.
(k) Enforcement Table
Table 1. List of Violations
Requirement Description of Violation
Commercial Business and
Commercial Business Owner
Responsibility Requirement
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
Organic Waste Generator fails to comply with
requirements adopted pursuant to this ordinance for
the collection and Recovery of Organic Waste.
Hauler Requirement
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.
Hauler Requirement
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
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
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
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.
Ordinance No. 1278
Page 29 of 30
_______________________
Requirement Description of Violation
Commercial Edible Food
Generator Requirement
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
Failure to provide or arrange for access to an entity’s
premises for any Inspection or investigation.
Recordkeeping
Requirements for
Commercial Edible Food
Generator
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records, as prescribed by
Section 8.14.090.
Recordkeeping
Requirements for Food
Recovery Services and Food
Recovery Organizations
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 8.14.060.
SECTION 4. Any provision of the Vernon Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is repealed or modified to that extent necessary to affect the provisions of
this Ordinance.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or
portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, paragraph, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared
invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to
be severable.
SECTION 6. The City Clerk shall certify the adoption and publish this ordinance as
required by law.
Ordinance No. 1278
Page 30 of 30
_______________________
SECTION 7. This Ordinance shall become effective after the thirtieth day following
its adoption.
APPROVED AND ADOPTED this 1st day of February, 2022.
_____________________________
MELISSA YBARRA, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________
ZAYNAH N. MOUSSA,
Interim City Attorney
I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1278 was passed and adopted
by the City Council of the City of Vernon at the regular meeting on February 1, 2022 by
the following vote:
AYES: 5 Council Members: Larios, Lopez, Merlo, Davis, Ybarra
NOES: 0
ABSENT: 0
ABSTAIN: 0
________________________________
LISA POPE, City Clerk
(seal)
City Council Agenda Item Report
Submitted by: Sandra Dolson
Submitting Department: City Clerk
Meeting Date: February 1, 2022
SUBJECT
Mandatory Organic Waste Disposal Reduction Ordinance
Recommendation:
Waive full reading, and conduct second reading and adopt Ordinance No. 1278 adding
Chapter 8.14 to the Vernon Municipal Code to regulate mandatory organic waste disposal
reduction.
Background:
At the January 18, 2022 Regular City Council Meeting, the Vernon City Council introduced and
conducted first reading of Ordinance No. 1278 which adds Chapter 8.14 to the Vernon
Municipal Code to regulate mandatory organic waste disposal reduction.
The ordinance summary was posted on the City's website on January 19, 2022, and will be
published pursuant to legal requirements.
Staff requests the City Council waive full reading of the ordinance, and conduct second
reading, and adopt Ordinance No. 1278.
Fiscal Impact:
The ordinance summary will be published pursuant to legal requirements. Adequate funds are
available in the Publication/Advertisement Account No. 011.1003.550000.
Attachments:
1. Ordinance No. 1278
2. Ordinance No. 1278 Proof of Publication
CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the
HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
ORD ORDINANCE PUBLICATION
Ordinance 1278 - Adoption Summary
02/10/2022
Notice Type:
Ad Description
COPY OF NOTICE
3553097
!A000005932690!
An invoice will be sent after the last date of publication. If you prepaid this
order in full, you will not receive an invoice.
SUMMARY OF ORDINANCE No.1278
Ordinance No.1278 adds Chapter 8.14 to the
Vernon Municipal Code to regulate organic waste
disposal reduction pursuant to Senate Bill (SB)
1383,which requires all California jurisdictions to
implement mandatory organic recycling programs
aimed at single-family residential,multi-family
residential,and commercial solid waste
generators.
Ordinance No.1278 was introduced by the
Vernon City Council at a regular meeting on
January 18,2022,and adopted February 1,2022,
by the following vote:
AYES:Larios,Lopez,Merlo,Davis,Ybarra
NOES:None
ABSENT:None
ABSTAIN:None
The full text of Ordinance No.1278 is on file in
the City Clerk Department.
2/10/22
PRE-3553097#
HUNTINGTON PARK BULLETIN
CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the
HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
ORD ORDINANCE PUBLICATION
Ordinance 1278 - Introduction Summary
01/20/2022
Notice Type:
Ad Description
COPY OF NOTICE
3547982
!A000005920207!
An invoice will be sent after the last date of publication. If you prepaid this
order in full, you will not receive an invoice.
SUMMARY OF ORDINANCE No.1278
Ordinance No.1278 adds Chapter 8.14 to the
Vernon Municipal Code to Regulate Organic
Waste Disposal Reduction pursuant to Senate Bill
(SB)1383,which requires all California
jurisdictions to implement mandatory organic
recycling programs aimed at single-family
residential,multi-family residential,and
commercial solid waste generators.
Ordinance No.1278 was introduced by the
Vernon City Council at a regular meeting on
January 18,2022.Second reading and adoption
of the ordinance are scheduled for the Regular
City Council meeting on February 1,2022,at City
Hall,4305 Santa Fe Avenue,Vernon,California.
The full text of Ordinance No.1278 is on file in
the City Clerk Department.
1/20/22
PRE-3547982#
HUNTINGTON PARK BULLETIN