CC - Item 5B - Second Reading and Adoption of Ordinance No. 1006 - Amending Chapter 8.32 of Rosemead Municipal Code, Retitling Chapter 8.32 to "Solid Waste and Recycling," and Other Clarifying AmendmentsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER J'� .0
DATE: JANUARY 11, 2022
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1006 -
AMENDING CHAPTER 8.32 OF THE CITY OF ROSEMEAD
MUNICIPAL CODE, RETITLING CHAPTER 8.32 TO "SOLID WASTE
AND RECYCLING," AND OTHER CLARIFYING AMENDMENTS
SUMMARY
On December 14, 2021, the City Council introduced for first reading Ordinance No. 1006, which
amends Municipal Code Chapter 8.32, retitling chapter 8.32 to "solid waste and recycling", and
other clarifying amendments in response to Senate Bill (SB) 1383. SB 1383, the Short -Lived
Climate Pollutant Reduction Act of 2016, requires the City of Rosemead to adopt and enforce an
ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations
and other clarifying amendments. This ordinance will also help reduce food insecurity by
requiring Commercial Edible Food Generators to arrange to have the maximum amount of their
Edible Food that would otherwise be disposed to be recovered for human consumption.
STAFF RECOMMENDATION
That the City Council approve the second reading and adopt Ordinance No. 1006 by title only,
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 8.32 OF
THE CITY OF ROSEMEAD MUNICIPAL CODE, RETITLING
CHAPTER 8.32 TO "SOLID WASTE AND RECYCLING,"
AND OTHER CLARIFYING AMENDMENTS
STRATEGIC PLAN IMPACT - None
FISCAL IMPACT
Additional administrative, enforcement, and reporting requirements will be placed on various
City departments, depending on the implementation methods of the Ordinance and the SB 1383
Program. Therefore, the necessary expenditures are unknown at this time. However, staff is
currently evaluating potential expenses and anticipate integrating them into the City's current
AGENDA ITEM 5.11
City Council Meeting
January 11, 2022
Page 2 of 2
budget. Once the expenditures are determined, staff will return to the City Council for approval
of the budget appropriation and expenditures as necessary.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
04��
Ericka Hernandez
City Clerk
Attachment A: Ordinance No. 1006
Attachment B: City Council Staff Report Dated December 14, 2021
Attachment A
Ordinance No. 1006
ORDINANCE NO. 1006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AMENDING CHAPTER 8.32 OF THE CITY OF ROSEMEAD
MUNICIPAL CODE, RETITLING CHAPTER 8.32 TO "SOLID WASTE AND
RECYCLING," AND OTHER CLARIFYING AMENDMENTS
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California
Integrated Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced from time to time),
requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste
generated in their jurisdictions to the maximum extent feasible before any incineration or
landfill disposal of waste, to conserve water, energy, and other natural resources, and to
protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the
Governor of the State of California on October 5, 2011, which amended Sections 41730,
41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections
40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3
of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code,
as amended, supplemented, superseded and replaced from time to time), places requirements
on businesses and Multi -Family property owners that generate a specified threshold amount
of Solid Waste to arrange for recycling services and requires the City of Rosemead to
implement a Mandatory Commercial Recycling program; and
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by
the Governor of the State of California on September 28, 2014, which added Chapter 12.9
(commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code,
relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to
time), requires businesses and Multi -Family property owners that generate a specified
threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for
recycling services for that waste, requires the City of Rosemead to implement a recycling
program to divert Organic Waste from businesses subject to the law, and requires the City of
Rosemead to implement a Mandatory Commercial Organics Recycling program; and
WHEREAS, the City of Rosemead has previously implemented programs through its
franchise hauler, Republic Services, that meet the requirements of Assembly Bill 939,
Assembly Bill 341, and Assembly Bill 1826, and those said programs have been successful
in guiding the City towards increased compliance in all elements of the recycling and solid
waste programs; and
WHEREAS, SB 1383, the Short -Lived Climate Pollutant Reduction Act of 2016,
requires CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. The regulations place requirements on multiple entities, including the City of
Rosemead, residential households, Commercial Businesses, and business owners,
Commercial Edible Food Generators, haulers, Food Recovery Organizations, and Food
Recovery Services to support the achievement of Statewide Organic Waste disposal
reduction targets; and
WHEREAS, SB 1383, the Short -Lived Climate Pollutant Reduction Act of 2016,
requires the City of Rosemead to adopt and enforce an ordinance or enforceable mechanism
to implement relevant provisions of SB 1383 Regulations and other clarifying amendments.
This ordinance will also help reduce food insecurity by requiring Commercial Edible Food
Generators to arrange to have the maximum amount of their Edible Food that would
otherwise be disposed of be recovered for human consumption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.32 is hereby retitled to "SOLID WASTE AND RECYCLING."
SECTION 2. Section 8.32.010 "Legislative policy" is hereby amended as follows:
The City Council does find and determine that the storage, accumulation, collection, and disposal of
garbage, trash, rubbish, debris, and other discarded matter, goods and materials is a matter of great
public concern, in that improper control of such matters can lead to air pollution, fire hazards, insect
breeding and rat infestation and other problems affecting the health, welfare and safety of the
residents of this and surrounding cities. The City Council further declares the following:
A. Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989
(California Public Resources Code Section 40000, et seq., as amended, supplemented,
superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and
recycle (including composting) Solid Waste generated in their jurisdictions to the maximum
extent feasible before any incineration or landfill disposal of waste, to conserve water, energy,
and other natural resources, and to protect the environment.
B. Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5,
2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and
50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing
with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the
Public Resources Code, as amended, supplemented, superseded and replaced from time to time),
places requirements on businesses and Multi -Family property owners that generate a specified
threshold amount of Solid Waste to arrange for recycling services and requires the City of
Rosemead to implement a Mandatory Commercial Recycling program.
C. Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September
28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division
30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented,
superseded, and replaced from time to time), requires businesses and Multi -Family property
owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste
per week to arrange for recycling services for that waste, requires the City of Rosemead to
implement a recycling program to divert Organic Waste from businesses subject to the law, and
requires the City of Rosemead to implement a Mandatory Commercial Organics Recycling
program.
D. SB 1383, the Short -Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to
develop regulations to reduce organics in landfills as a source of methane. The regulations place
requirements on multiple entities, including the City of Rosemead, residential households,
Commercial Businesses, and business owners, Commercial Edible Food Generators, haulers,
Food Recovery Organizations, and Food Recovery Services to support the achievement of
Statewide Organic Waste disposal reduction targets.
E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the City of
Rosemead to adopt and enforce an ordinance or enforceable mechanism to implement relevant
provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by
requiring Commercial Edible Food Generators to arrange to have the maximum amount of their
Edible Food that would otherwise be disposed, be recovered for human consumption.
F. The mandates of the Southern California Air Quality Management District and other regulatory
agencies concerning air pollution and traffic congestion management require the regulation and,
where possible, reduction in the number of waste collection vehicles and vehicle trips that cause
the discharge of air contaminants and create air pollution.
G. A reduction in the number of waste collection vehicles using the City streets daily will reduce
traffic hazards and congestion, extend the life of the streets, and promote safety.
H. The regulation of solid waste collection services in the City will also promote public health,
safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of
those vehicles, and the reduction of spillage and litter on the public streets, by establishing
responsibility for the cleaning of refuse bins and containers, and by providing for accountability
to the public.
I. The public health, safety and welfare will best be served by providing for one or more exclusive
contracts for residential and commercial solid waste collection services, subject to the limited
rights of state facilities to use a collector other than the collector with an exclusive contract.
J. This chapter is enacted by the City Council pursuant to the following statutory authorization and
in order to accomplish the objectives set forth in this Chapter:
1. Public Resources Code Section 40059 authorizes the City to determine:
a. All aspects of solid waste collection which are of local concern, including, but not
limited to, frequency of collection, means of collection and transportation, level of
services, charges and fees, and nature, location, and extent of providing solid waste
collection services; and
b. Whether the services are to be provided by means of a nonexclusive contract,
contract, license, permit, or otherwise, either with or without competitive bidding, or if,
in the opinion of its governing body, the public health, safety and well-being so require,
by partially exclusive or wholly exclusive contract, contract, license, permit, or
otherwise, either with or without competitive bidding.
2. Public Resources Code Section 49300 provides that the City may, pursuant to terms and
conditions as may be prescribed by its legislative body, contract for the collecting or
disposal, or both, of garbage, waste, refuse, offal, trimmings, or other refuse matter.
Public Resources Code Section 49501 provides that the City may take action, whether by
franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more
other local agencies or solid waste enterprises is authorized or permitted to have the
exclusive right to provide solid waste collection services of any class or type within all or
any part of the territory of the City.
4. It is the intent of this chapter to set forth terms and conditions pursuant to which
authorization may be granted by the City Council to provide solid waste handling
services, and to promote the public health, welfare and safety of the community by
establishing reasonable regulations relating to the storage, accumulation, collection and
disposal of garbage, trash, rubbish, debris and other discarded matter, goods and
material.
SECTION 3. Section 8.32.020 "Definitions" of the Rosemead Municipal Code is amended
and restated as follows:
The following terms have the meaning as set forth below:
"Bin" or "bins" means those open -top rectangular metal containers provided by Contractor,
with wheels, with or without plastic or metal lids, used for collection and storage of Municipal Solid
Waste, Recyclable Materials, Green Waste, Construction and Demolition Debris, or other materials
to be collected by Contractor. Typical sizes of bins include one and one-half, two, three, four and six
cubic yards. Bins are collected by a front load vehicle equipped with metal forks that are inserted
into metal channels on either side of the bin in order to lift bin, empty the contents into the body of
the vehicle, and return the bin to the ground.
"Blue Container" has the same meaning as in 14 CCR Section 18982(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.
"Box" means a large open -top rectangular metal containers used to store and transport
Municipal Solid Waste, Recyclable Materials, Green Waste, Construction and Demolition Debris, or
other materials, collected using a special vehicle equipped with hooks and a winch to pull the box
onto the flatbed of the truck for transport.
"Bulky items" means furniture, household appliances, carpets, mattresses, automobile tires,
shipping crates and containers, oversized yard waste such as tree trunks and large branches if no
larger than two feet in diameter and four feet in length, and other large bulky or heavy objects not
normally discarded on a regular basis at residential, commercial or business establishments. Bulky
items do not include construction/demolition debris or consumer electronics, such as televisions,
radios, computers and monitors which are regarded as Universal Waste Electronic Devices, the
disposal of which is governed by the Department of Toxic Substances Control.
"CalRecycle" means California's Department of Resources Recycling and Recovery, which
is the Department designated with responsibility for developing, implementing, and enforcing SB
1383 Regulations on jurisdictions (and others).
"California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR
(e.g., "14 CCR" refers to Title 14 of CCR).
"City" means the City of Rosemead, California, and all of the territory lying within the
municipal boundaries of the City as presently existing or as such boundaries may be modified.
"City Representative" means the Director of Public Works, or designee, authorized to
administer and enforce the provisions of this Chapter.
"Collection" means the taking of physical possession of Municipal Solid Waste or recyclable
materials from customer premises and transporting it to the materials recovery facility, compost
facility, construction demolition and debris processing facility, or landfill.
"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 Chapter.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible
Food Generator as 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.
"Compliance Review" means a review of records by the City of Rosemead to determine
compliance with this Chapter.
"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).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended
from time to time.
"Construction and demolition materials" or "C&D materials" means discarded building
materials, "inert wastes" as defined in Public Resources Code section 41821.3(a)(1) (rock, concrete,
brick, sand, soil ceramics and cured asphalt), recyclable construction and demolition materials,
packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and demolition
operations, but does not include asbestos -containing materials.
"Container" means cart, bin, or debris box.
"Contractor" means any person, firm, business or corporation with whom the city may have a
contract or to whom the city has granted a franchise for the collection, removal and disposal of
garbage, waste or rubbish in the city. Contractor shall have the same meaning as "Designee" for the
purposes of this chapter.
"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).
"Designee" means an entity that the City of Rosemead contracts with or otherwise arranges
to carry out any of the City of Rosemead's responsibilities of this Chapter as authorized in 14 CCR
Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a
combination of those entities. "Designee" shall have the same meaning as "Contractor" for the
purposes of this chapter.
"Customer" means the owner, occupant or user of premises at which Municipal Solid Waste
or recyclable materials are generated and then collected by Contractor. Customers include residential
customers, multifamily customers, and commercial customers.
"Disposal" means the burying of Municipal Solid Waste at a permitted landfill or
transformation at a permitted facility as further defined in Section 40192 of the California Public
Resources Code.
"Disposal site" means such place or places specifically designated by the Contractor for the
disposal, or processing as appropriate, of Municipal Solid Waste and other materials as appropriate.
"Edible Food" means food intended for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For the purposes of this Chapter 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 Chapter 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.
"Enforcement Action" means an action by the City of Rosemead to address non-compliance
with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies.
"Enforcement Official" means the city manager or their authorized designee(s) who is/are
partially or wholly responsible for enforcing this Chapter. For purposes of this Chapter, the
"Enforcement Official" shall have the same meaning as "City Representative".
"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 Rosemead
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 the City of Rosemead, 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 the [city, or its Designee], to potential liability; but not
including de minimis volumes or concentrations of waste of a type and amount normally found in
Single -Family or Multi -Family Solid Waste after implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections
41500 and 41802 of the California Public Resources Code.
"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).
"Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
"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).
"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,
(3) A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section
18982(a)(25) for Food Recovery Organization differs from this definition, the
definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
"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 Chapter and implementation of
14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"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).
"Franchise" means the exclusive right and privilege granted by agreement. For the purposes
of this section, "Franchise" shall be the instrument or agreement issued by the City of Rosemead and
held by the "Designee".
"Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be
used for the purpose of storage and collection of Gray Container Waste.
"Gray Container Waste" means Solid Waste that is collected in a Gray Container as specified
in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
Gray Container Waste may specifically include carpet, [Non-Compostable Paper] and textiles.
"Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be
used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
"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).
"Hauler Route" means the designated itinerary or sequence of stops for each segment of the
City of Rosemead's collection service area, or as otherwise defined in 14 CCR Section
18982(a)(31.5).
"Hazardous waste" means any waste materials or mixture of wastes defined as a "hazardous
substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. § 6901 et seq., the Comprehensive Environmental Response, Compensation
and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Carpenter -Presley -Tanner Hazardous
Substance Account Act ("HSAA"), codified at California Health & Safety Code § 25300 et seq.; the
Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher,
Chapter 863, Statutes of 2004; AB 575, Wolk, Chapter 59, Statutes of 2011), laws governing
Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"),
non -empty aerosol cans, fluorescent tubes, high-intensity discharge lamps, sodium vapor lamps, and
any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -
cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries,
alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a
hazardous waste), mercury thermometers, mercury -containing switches, and all future amendments
to any of them, or as defined by CalRecycle or the Department of Toxic Substances Control, or by
their respective successor agencies. If there is a conflict in the definitions employed by two or more
agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be
construed to have the broader, more encompassing definition.
"High Diversion Organic Waste Processing Facility" has the same meaning as defined in
14 CCR Section 18982(a)(33).
"Householder" means a person owning, renting or otherwise holding and occupying a house
or place of abode, including a trailer, apartment or motel unit with kitchen, singly or with his or her
family.
"Household hazardous waste" means materials generated at the premises of residential or
multifamily customers that cannot be lawfully deposited in a landfill, such as dry cell household
batteries; cell phones and PDAs; used motor oil; used oil filters, fluorescent light bulbs; E -waste;
cleaning products, pesticides, herbicides, insecticides, and certain paints, automotive products,
solvents, stripper, adhesives, and universal waste.
"Inspection" means a site visit where the City of Rosemead 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 Chapter, or as
otherwise defined in 14 CCR Section 18982(a)(35).
"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.
"Large Venue" means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a
venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium,
airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public
attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter
12, a site under common ownership or control that includes more than one Large Venue that is
contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR
Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply.
"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).
"Miscellaneous debris" shall be deemed to include any and all trash, rubbish, debris or other
abandoned or discarded materials not otherwise provided for under the foregoing definitions, or as
expressly excepted therefrom, except dead small animals, animal excreta and garbage.
"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.
"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR,
Division 2, Chapter 2.7.
"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).
"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).
"Notice of Violation (NOV)" means a notice that a violation of this Chapter 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.
"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).
"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).
"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).
"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).
"Prohibited Container Contaminants" means the following: (i) discarded materials placed in
the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for
the City of Rosemead's Blue Container; (ii) discarded materials placed in the Green Container that
are not identified as acceptable Source Separated Green Container Organic Waste for the City of
Rosemead's Green Container; (iii) discarded materials placed in the Gray Container that are
acceptable Source Separated Recyclable Materials and/or Source Separated Green Container
Organic Wastes to be placed in the City of Rosemead's Green Container and/or Blue Container; and,
(iv) Excluded Waste placed in any container.
"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).
"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).
"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).
"Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic
devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for
purposes of identifying the quantity of materials in containers (level of fill) and/or presence of
Prohibited Container Contaminants.
"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).
"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).
"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 3 973 0.8 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-ived climate pollutants as amended, supplemented, superseded, and replaced from
time to time.
"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this
Chapter, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by
CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions
of regulations of 14 CCR and 27 CCR.
"Scavenging" means the unauthorized removal of recyclable materials. Scavenging is
prohibited by Public Resources Code section 41950.
"Self -Hauler" means a person, who, in compliance with all applicable requirements of the
City of Rosemead Municipal Code, hauls Solid Waste, Organic Waste or recyclable material he or
she has generated directly to the appropriate facility, as required by this Chapter. Self -hauler also
includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).
Back -haul means generating and transporting Organic Waste to a destination owned and operated by
the generator using the generator's own employees and equipment, or as otherwise defined in 14
CCR Section 18982(a)(66)(A).
"Self -haul permittee" means a householder who holds a valid self -haul permit from the City.
"Single -Family" means of, from, or pertaining to any residential premises with fewer than
five (5) units.
"Solid Waste" has the same meaning as defined in State Public Resources Code Section
40191.
"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 this Chapter, Source Separated shall
include separation of materials by the generator, property owner, property owner's employee,
property manager, or property manager's employee into different containers for the purpose of
collection such that Source Separated materials are separated from Gray Container Waste or other
Solid Waste for the purposes of collection and processing.
"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).
"Source Separated Green Container Organic Waste" means Source Separated Organic Waste
that can be placed in a Green Container that is specifically intended for the separate collection of
Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets,
Non-Compostable Paper, and textiles.
"Source Separated Recyclable Materials" means Source Separated Non -Organic Recyclables
and Source Separated Blue Container Organic Waste.
"State" means the State of California.
"Streets" shall mean all dedicated public rights-of-way within the existing or future corporate
limits of the City.
"Storage" includes the accumulating, maintaining, dumping, abandoning, storing, collecting
or other gathering, stacking or piling, other than in a mercantile building or in a dwelling unit, which
latter places shall be regulated by the fire prevention code.
"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).
"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.
"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.
"Universal waste" means and includes, but is not limited to, universal waste electronic
devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic
Substances Control, 23 CCR §§ 66273. 1, et seq.), and other universal wastes, including, but not
limited to, non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor
lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable
nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries
[burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries and any other
batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, and
mercury -containing switches.
"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).
"Work days" means the days Monday through Friday, during the hours of 7:00 a.m. to 5:00
p.m., which is the general period Contractor provides regular collection services.
SECTION 4. Sections 8.32.170 through 8.32.184 are hereby added to the Rosemead
Municipal Code, as follows:
8.32.170- Requirements for single-family generators.
Single -Family Organic Waste Generators, except Single -Family generators that meet all
applicable Self -Hauler requirements in this Chapter and Chapter 8.32.090:
A. Shall subscribe to the City of Rosemead's three -container Organic Waste collection services.
The City of Rosemead shall have the right to review the number, size, and location of a
generator's containers to evaluate the adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials; and, the generator shall
adjust its service level for its collection services as requested by the City of Rosemead.
B. Shall participate in the City of Rosemead's three -container system for Source Separated
Recyclable Materials, Source Separated Green Container Organic Waste, and Gray Container
Waste collection services. Generator participation in the collection programs requires that
generators place only approved materials in the appropriate colored containers. Generators shall
not place materials designated for the Gray Container into the Green Container or Blue
Container. Notwithstanding the above, and in accordance with the SB 1383 Regulations, the
City of Rosemead is not required to replace functional containers, including containers
purchased prior to January 1, 2022, that do not comply with the color requirements of this
Chapter and the Regulations, prior to the end of the useful life of those containers, or prior to
January 1, 2036, whichever comes first. Labels will be placed on the containers indicating the
primary materials accepted and the primary materials prohibited in the containers. Until SB 1383
compliant colored containers are provided (Blue Container, Green Container, and Gray
Container), Single -Family Waste Generators shall comply with the container label requirements.
C. Nothing in this Section prohibits a generator from preventing or reducing waste generation,
managing Organic Waste on site, and/or using a Community Composting site pursuant to 14
CCR Section 18984.9(c).
8.32.171- Requirements for commercial businesses.
Commercial Businesses, which includes Multi -Family Residential Dwellings, shall:
A. Except Commercial Businesses that meet all applicable Self -Hauler requirements in this Chapter
and Chapter 8.32.090, subscribe to the City of Rosemead's three -container Organic Waste
collection services. The City of Rosemead shall have the right to review the number, size, and
location 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 Business shall adjust its service level for its collection services as
requested by the City of Rosemead.
B. Except Commercial Businesses that meet all applicable Self -Hauler requirements in this Chapter
and Chapter 8.32.090, participate in and comply with the City of Rosemead's three -container
(Blue Container, Green Container, and Gray Container) collection service by placing designated
materials in designated containers. Generator shall place only approved materials in the
appropriate colored containers. Generators shall not place materials designated for the Gray
Container into the Green Container or Blue Container. Notwithstanding the above, and in
accordance with the SB 1383 Regulations, the City of Rosemead is not required to replace
functional containers, including containers purchased prior to January 1, 2022, that do not
comply with the color requirements of this Chapter and the Regulations, prior to the end of the
useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be
placed on the containers indicating the primary materials accepted and the primary materials
prohibited in the containers. Until SB 1383 compliant colored containers are provided (Blue
Container, Green Container, and Gray Container), Commercial Businesses shall comply with the
container label requirements.
C. Supply and allow access to adequate number, size, and location of collection containers with
sufficient labels or colors (conforming with subsections D.1 and D.2 below), for employees,
Contractors, tenants and customers, consistent with the City of Rosemead's Blue Container,
Green Container, and Gray Container collection service, or, if self -hauling, per the Commercial
Businesses' instructions to support its compliance with its self -haul program.
D. Excluding Multi -Family Residential Dwellings, provide containers for the collection of Source
Separated Green Container Organic Waste, and Source Separated Recyclable Materials in all
indoor and outdoor areas where disposal containers are provided for customers, for materials
generated by that business. Such containers do not need to be provided in restrooms. If a
Commercial Business does not generate any of the materials that would be collected in one type
of container, then the business does not have to provide that particular container in all areas
where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b),
the containers provided by the business shall have either:
A body or lid that conforms with the container colors provided through the collection
service provided by the City of Rosemead, with either lid 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 labels 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 pursuant to 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, Inspection, and/or other measures, excluding
Multi -Family Residential Dwellings, prohibit employees from placing materials in a container
not designated for those materials per the City of Rosemead's Blue Container, Green Container,
and Gray Container collection service [or, if self -hauling, per the Commercial Businesses'
instructions to support its compliance with its self -haul program].
G. Excluding Multi -Family Residential Dwellings, periodically inspect Blue Container, Green
Container, 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 Green Container
Organic Waste and Source Separated Recyclable Materials.
I. Provide education information before or within fourteen (14) days of occupation of the premises
to new tenants that describes requirements to keep Source Separated Green Container Organic
Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when
applicable) and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the City of Rosemead or its agent to their properties during all
Inspections conducted in accordance with this Chapter to confirm compliance with the
requirements of this Chapter.
K. If implemented, accommodate and cooperate with the City of Rosemead's Remote Monitoring
program for Inspection of the contents of containers for Prohibited Container Contaminants, to
evaluate generator's compliance with this Chapter. The Remote Monitoring program shall
involve installation of Remote Monitoring equipment on or in the Blue Containers, Green
Containers, and/or Gray Containers.
L. If the Commercial Business wants to self -haul, meet all requirements of this Chapter and Section
8.32.090.
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 in this Chapter.
8.32.172 - Waivers for generators.
A. De Minimis Waivers: The City of Rosemead may, at its discretion, waive a Commercial
Business' obligation (including Multi -Family Residential Dwellings) to comply with some or all
of the Organic Waste requirements of this Chapter if the Commercial Business:
1. Submits an application specifying the services that they are requesting a waiver from;
and
2. Provides documentation that either:
a. The Commercial Business' total Solid Waste collection service is two cubic
yards or more per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 20 gallons per week per
applicable container of the business' 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; and
3. Notifies the City of Rosemead if circumstances change such that Commercial Business's
Organic Waste exceeds the threshold required for waiver, in which case waiver will be
rescinded; and
4. Provides written verification of eligibility for de minimis waiver every 5 years, if the
City of Rosemead has approved de minimis waiver.
B. Physical Space Waivers: The City of Rosemead may, at its discretion, waive a Commercial
Business' or property owner's obligations (including Multi -Family Residential Dwellings) to
comply with some or all of the recyclable materials and/or Organic Waste collection service
requirements if the City of Rosemead has evidence from its own staff, a hauler, licensed
architect, or licensed engineer demonstrating that the premises lack adequate space for the
collection containers required for compliance with the Organic Waste collection requirements of
this Chapter.
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 lack adequate space for Blue Containers and/or
Green Containers, including documentation from its hauler, licensed architect, or
licensed engineer.
3. Provide written verification to the City of Rosemead that it is still eligible for physical
space waiver every five years, if the City of Rosemead has approved application for a
physical space waiver.
C. Collection Frequency Waiver: The City of Rosemead, 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 Rosemead's three -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.
8.32.173 - Requirements for commercial edible food generators.
A. Tier One Commercial Edible Food Generators must comply with the below requirements
commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply
commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be
provided by others, shall require Food Facilities operating at the Large Venue or Large Event to
comply with the requirements of this Section, commencing January 1, 2024.
C. 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:
a. the collection of Edible Food for Food Recovery; or,
b. 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 the City of Rosemead's designated enforcement entity or designated third party
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.
6. Commencing no later than January 1, 2022, for Tier One Commercial Edible Food
Generators and January 1, 2024, for Tier Two Commercial Edible Food Generators,
Commercial Edible Food Generators shall provide a quarterly Food Recovery report to
the City of Rosemead which includes the information required in 14 CCR Section
18991.4 "Record Keeping Requirements for Commercial Edible Food Generators."
D. Nothing in this Section shall be construed to limit or conflict with the protections provided by
the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or
share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by
the Governor of the State of California on September 25, 2017, which added Article 13
[commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the
Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food
safety, as amended, supplemented, superseded and replaced from time to time).
8.32.174 - 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):
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. Commencing January 1, 2022, Food Recovery Organizations and Food Recovery Services that
have their primary address physically located in the City of Rosemead 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 Rosemead 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), as applicable.
D. Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity planning
assessments or other studies conducted by the [County, city, special district] that provides solid
waste collection services, or its designated entity, Food Recovery Services and Food Recovery
Organizations operating in the City of Rosemead shall provide information and consultation to
the City of Rosemead, upon request, regarding existing, or proposed new or expanded, Food
Recovery capacity that could be accessed by the City of Rosemead and its Commercial Edible
Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the
City of Rosemead shall respond to such request for information within 60 days, unless a shorter
timeframe is otherwise specified by the City of Rosemead.
E. Commencing no later than January 1, 2022, Food Recovery Services and Organization shall
provide a quarterly report to the City of Rosemead which includes the information required in 14
CCR Section 18991.5 "Food Recovery Services and Organizations."
8.32.175 - Requirements for haulers, facility operators and community composting operations.
A. Requirements for Haulers.
1. The Designee providing residential, Commercial or Industrial Organic Waste collection
services to generators within the City of Rosemead'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 Rosemead to collect Organic Waste:
a. Through written notice to the City of Rosemead annually on or before April 1st,
identify the facilities to which they will transport Organic Waste including the facilities
for Source Separated Recyclable Materials and Source Separated Green Container
Organic Waste, as applicable.
b. Transport Source Separated Recyclable Materials and Source Separated Green
Container Organic Waste to a facility, operation, activity, or property that recovers
Organic Waste, as defined in 14 CCR, Division 7, Chapter 12, Article 2.
c. Obtain approval from the City of Rosemead to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community Composting site or
lawfully transporting Construction and Demolition Wastes in a manner that complies
with 14 CCR Section 18989.1.
d. The Designee shall comply with education, equipment, signage, container labelling,
container color, contamination monitoring, reporting, and other requirements contained
within its Franchise Agreement, as may be amended from time to time.
e. Notwithstanding any the foregoing, nothing in this Chapter shall restrict or otherwise
prohibit the Designee from meeting its compliance requirements by any alternative
methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations,
and/or any other applicable law, as may be amended from time to time.
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 the City of Rosemead's 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 Rosemead shall respond within
60 days.
2. Community Composting operators, upon City of Rosemead request, shall provide
information to the City of Rosemead 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
Rosemead shall respond within 60 days.
8.32.176- Self -hauler requirements.
In addition to any other requirements for Self -haulers as contained in Chapter 8.32.090:
A. Self -Haulers shall source separate all recyclable materials and Organic Waste (materials that the
City of Rosemead otherwise requires generators to separate for collection in the City of
Rosemead's organics and recycling collection program) generated on-site from Solid Waste in a
manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a
High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
B. Self -Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers
those materials; and haul their Source Separated Green Container Organic Waste to a Solid
Waste facility, operation, activity, or property that processes or recovers Source Separated
Organic Waste. Alternatively, Self -Haulers may haul Organic Waste to a High Diversion
Organic Waste Processing Facility.
C. Self -Haulers that are Commercial Businesses (including Multi -Family Residential Dwellings)
shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility,
operation, activity, or property that processes or recovers Organic Waste; this record shall be
subject to Inspection by the City of Rosemead. The records shall include the following
information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on-site, or employs
scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to
determine the weight of materials received, the Self -Hauler is not required to record the
weight of material but shall keep a record of the entities that received the Organic Waste.
D. Self -Haulers that are Commercial Businesses (including Multi -Family Self -Haulers) shall
provide information collected in subsection C to the City of Rosemead or its authorized designee
or other representative, if requested.
8.32.177 - Compliance with CALGreen recycling requirements.
As applicable, all persons and/or entities subject to California Green Building Standards
Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions of
CALGreen, as amended July 1, 2019, and effective January 1, 2020:
A. Section 4.408.1 Construction Waste by Occupants Residential, Section 4.410.2 Recycling by
Occupants Residential, Section 5.408.1 Construction Waste Management by Occupants Non-
residential, and Section 5.410.1 Recycling by Occupants Non-residential.
B. For organic waste commingled with construction and demolition debris, Section 4.408.1
Construction Waste Management Residential and Section 5.408.1 Construction Waste
Management non-residential.
If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of
CALGreen are amended in a manner that requires the City of Rosemead to incorporate the
requirements in an updated local ordinance, and the amended requirements include provisions more
stringent than those required in this Section, the revised requirements of Sections 4.408.1, 4.410.2,
5.408.1, and 5.410.1 of CALGreen shall be enforced.
8.32.178 - Model Water Efficient Landscaping Ordinance requirements.
As applicable, all persons and/or entities subject to the MWELO shall comply with Sections
492.6(a)(3)(B), (C), (D), and (G), as amended September 15, 2015. The MWELO compliance items
listed herein are not an inclusive list of MWELO requirements; therefore, property owners or their
building or landscape designers that meet the threshold for MWELO compliance outlined herein
shall consult the full MWELO for all requirements.
If, after the adoption of this Chapter, 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 the City of
Rosemead 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.
8.32.179 - Procurement requirements for City of Rosemead departments, direct service
providers, and vendors.
A. City of Rosemead departments, and direct service providers to the City of Rosemead, as
applicable, must comply with the City of Rosemead'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:
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.
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 Rosemead. 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 Rosemead 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 Rosemead or its Designee, of all Paper Products and
Printing and Writing Paper purchases within thirty (30) days of the purchase (both
recycled -content and non -recycled content, if any is purchased) made by any division or
department or employee of the City of Rosemead. Records shall include a copy
(electronic or paper) of the invoice or other documentation of purchase, written
certifications as required in subsections (3) and (4) 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.
8.32.180 - Inspections and investigations by the City of Rosemead.
A. City of Rosemead representatives and/or its designated entity, including Designees are
authorized to conduct Inspections and investigations, at random or otherwise, of any collection
container, collection vehicle loads, or transfer, processing, or disposal facility for materials
collected from generators, or Source Separated materials to confirm compliance with this
Chapter, subject to applicable laws. This Section does not allow the City of Rosemead to enter
the interior of a private residential property for Inspection. For the purposes of inspecting
Commercial Business containers for compliance with this Chapter, the City of Rosemead may
conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring,
and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring,
where applicable.
B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of
residential property interiors) and shall cooperate with City of Rosemead employees or its
designated entity/Designee during such Inspections and investigations. Such Inspections and
investigations may include confirmation of proper placement of materials in containers, Edible
Food Recovery activities, records, or any other requirement of this Chapter described herein.
Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation
of Remote Monitoring equipment, where required; or (ii) access to records for any Inspection or
investigation is a violation of this Chapter and may result in penalties described.
C. Any records obtained by a City of Rosemead during its Inspections, Remote Monitoring, and
other reviews shall be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section 6250 et seq.
D. City of Rosemead representatives, its designated entity, and/or Designee are authorized to
conduct any Inspections, Remote Monitoring or other investigations as reasonably necessary to
further the goals of this Chapter, subject to applicable laws.
E. The City of Rosemead shall receive written complaints from persons regarding an entity that
may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints.
8.32.181 - Enforcement.
A. Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of
Violation and assessment of a fine by an Enforcement Official or representative. Enforcement
Actions under this Chapter are issuance of an administrative citation and assessment of a fine.
The City of Rosemead'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 Chapter and
any rule or regulation adopted pursuant hereto, except as otherwise indicated.
B. Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. The City of Rosemead may pursue civil actions in the California
courts to seek recovery of unpaid administrative citations. The City of Rosemead 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 Rosemead staff and
resources.
C. Enforcement pursuant to this Chapter may be undertaken by the Enforcement Official, which
may be the city manager, Public Works Director or their designated entity, legal counsel, or
combination thereof.
D. Process for Enforcement
1. Enforcement Officials and/or their Designee will monitor compliance with this Chapter
randomly and through Compliance Reviews, Route Reviews, investigation of
complaints, and an Inspection program, which may include Remote Monitoring.
2. The City of Rosemead may issue an official notification to notify regulated entities of its
obligations under this Chapter.
3. For incidences of Prohibited Container Contaminants found in containers, the
jurisdiction will issue a Notice of Violation to any generator found to have Prohibited
Container Contaminants in a container. Such notice will be provide via a cart tag or other
communication immediately upon identification of the Prohibited Container
contaminants or within seven days after determining that a violation has occurred. If the
City of Rosemead or its authorized Designee observes Prohibited Container
Contaminants in a generator's containers on three consecutive occasions within a six-
month time period, the City of Rosemead may assess contamination processing fees or
contamination penalties on the generator.
4. With the exception of violations of generator contamination of container contents, the
City of Rosemead 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, the City of Rosemead shall commence an action to impose penalties, via an
administrative citation and fine, pursuant to the municipal code.
6. Notices shall be sent to "owner" at the official address of the owner maintained by the
tax collector for the City of Rosemead 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.
1. For a first violation, the amount of the base penalty shall be $50 per violation.
2. For a second violation, the amount of the base penalty shall be $100 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be $250 per
violation.
F. Compliance Deadline Extension Considerations. The City of Rosemead may extend the
compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating
circumstances beyond the control of the respondent that make compliance within the deadlines
impracticable, including the following:
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 Rosemead is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies.
G. Appeals Process.
Persons receiving an administrative citation containing a 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 Rosemead's procedures for appeals of administrative
citations. Evidence may be presented at the hearing. The City of Rosemead will appoint a hearing
officer who shall conduct the hearing and issue a final written order.
H. Education Period for Non -Compliance.
Beginning January 1, 2022 and through December 31, 2023, the City of Rosemead will conduct
Inspections, Remote Monitoring, Route Reviews, waste evaluations, and Compliance Reviews,
depending upon the type of regulated entity, to determine compliance, and if City of Rosemead
determines that Organic Waste Generator, Self -hauler, hauler, Tier One Commercial Edible Food
Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in
compliance, it shall provide educational materials to the entity describing its obligations under this
Chapter and a notice that compliance is required by January 1, 2022, and that violations may be
subject to administrative civil penalties starting on January 1, 2024.
I. Civil Penalties for Non -Compliance.
Beginning January 1, 2024, if the City of Rosemead 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
Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take
Enforcement Action pursuant to this Chapter and state law, as needed.
8.32.184 - Organics waste disposal and diversion.
In the event state and/or federal law or regulations are implemented which are more stringent
or comprehensive than the requirements of this Chapter related to organic waste disposal and/or
diversion, all residents and/or businesses, as applicable, shall be responsible for complying with
those requirements.
SECTION 4. The title of Section 8.32.030 of the Rosemead Municipal Code is amended
from "Section 8.32.030 — Residential and commercial collection services." to "Section 8.32.030 —
Manner of residential and commercial collection services."
SECTION 5. Section 8.32.090.A of the Rosemead Municipal Code is amended and restated
as follows:
A. Permit Required. Every Householder, Commercial Business, or generator, who desires to self -
haul in lieu of making arrangements for the collection of solid waste, recyclables and
compostables, shall obtain a self -haul permit prior to commencing self -hauling.
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 7. Publication. The City Clerk is directed to certify this ordinance and cause it
to be published in the manner required by law.
SECTION 8. Effective Date. This ordinance will be effective 30 days after adoption.
PASSED, APPROVED AND ORDAINED this 11th day of January, 2022.
Polly Low, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
Ericka Hernandez, City Clerk
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. 1006, was introduced at a regular meeting of the City
Council of the City of Rosemead held on the 14th day of December, 2021 and was adopted by the
City Council of the City of Rosemead at a regular meeting held the 1 lth day of January, 2022, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment B
City Council Staff Report
Dated December 14, 2021
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER
DATE: DECEMBER 14, 2021
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 1006
AMENDING CHAPTER 8.32 OF THE CITY OF ROSEMEAD
MUNICIPAL CODE, RETITLING CHAPTER 8.32 TO "SOLID WASTE
AND RECYCLING," AND OTHER CLARIFYING AMENDMENTS
SUMMARY
In September 2016, Governor Brown signed Senate Bill (SB) 1383, the Short -Lived Climate
Pollutants Bill, into law. Under SB 1383, local jurisdictions are required to adopt a mandatory
and enforceable organic waste recycling ordinance and provide organic waste collection and
recycling services to all residential dwellings and commercial businesses within their boundaries.
On July 13, 2021, the City Council discussed SB 1383 compliance and directed staff to develop,
implement, and administer an organic waste recycling program and ordinance. On September 29,
2021, the City Council accepted a proposal to amend the existing franchise waste hauler
agreement to implement the proposed organic waste recycling program and ordinance and
achieve SB 1383 compliance.
In October 2021, staff retained a consultant familiar with the requirements of SB 1383 to draft
the proposed Ordinance No. 1006. The Ordinance is based on a model ordinance template
developed and provided by CalRecycle. The Ordinance fulfills the SB 1383 requirements and
will work in tandem with the City's existing franchise waste hauler agreement, which is
proposed to be amended to meet the provisions under State law.
BACKGROUND
In September 2016, Governor Brown signed SB 1383, also known as the Short -Lived Climate
Pollutants Bill, into law. The legislation set Statewide methane emissions targets to reduce short-
lived climate pollutants and divert organic waste from landfills. The emissions targets include the
reduction of organic waste disposal of 50 percent by 2020 and 75 percent by 2025, and a 20
percent increase in edible food recovery by 2025. The State estimates that these reduction targets
will result in an annual decrease of at least 4 million metric tons of greenhouse gas emissions by
2030. SB 1383 seeks to accomplish these target levels by recycling or diverting organic waste
AGENDA ITEM 5.I
City Council Meeting
December 14, 2021
Page 2 of 4
from being sent to landfills for disposal. The law grants CalRecycle the regulatory authority
required to achieve the organic waste disposal reduction targets. CalRecycle estimates that two-
thirds of the State's entire waste stream is comprised of organic waste. Actions to reduce short-
lived climate pollutants are essential to address the many impacts of climate change on human
health, especially in California's most at -risk communities, and on the environment.
Under SB 1383, local jurisdictions are required to adopt a mandatory and enforceable organic
waste recycling ordinance. In addition, local jurisdictions must provide organic waste collection
and recycling services to all residential, both single-family and multi -family dwellings, and
commercial businesses within their boundaries. Under SB 1383, organic waste is not only
limited to food waste but also includes green waste, wood waste, landscape and pruning waste,
food -soiled paper waste, and fibers such as paper and cardboard.
Local jurisdictions that fail to pass a mandatory organics waste recycling ordinance by January 1,
2022, will face compliance actions from the State. However, on October 5, 2021, SB 619 was
signed into law, authorizing a local jurisdiction facing continuing violations that commence
during the 2022 calendar year of those regulations to submit to CalRecycle no later than March
1, 2022, a notification of intent to comply. For violations of the regulations that are disclosed in a
notification approved by CalRecycle, the bill will require CalRecycle to waive administrative
civil penalties for the violations if the local jurisdiction implements the actions proposed in the
notification to remedy the violations.
On July 13, 2021, the City Council discussed SB 1383 compliance and directed Staff to develop,
implement, and administer an organic waste recycling program and ordinance. On September 29,
2021, the City Council accepted a proposal to amend the existing franchise waste hauler
agreement to implement the proposed organic waste recycling program and ordinance and
achieve SB 1383 compliance.
Under SB 1383, the City is required to develop, implement, and enforce an organic waste
recycling policy and program. The key elements include:
• Provide organic waste collection to all residents and businesses.
• Establish edible food recovery programs to increase access to food recovery programs in
commercial edible food generators such as restaurants and grocery stores.
• Conduct outreach and education to all affected parties, including generators, haulers,
facilities, edible food recovery organizations, and city departments.
• Increase the purchase of recycled content and organic materials within the City's
operations.
• Monitor and enforce compliance with SB 1383.
• Maintain accurate and timely records of SB 1383 compliance.
• Adopt an ordinance with enforceable mechanisms that require compliance with SB 1383.
City Council Meeting
December 14, 2021
Page 3 of 4
Staff retained a consultant familiar with the requirements of SB 1383 to draft the proposed
Ordinance and is based on a model ordinance template developed and provided by CalRecycle.
The Ordinance fulfills the SB 1383 requirements and will work in tandem with the City's
existing franchise waste hauler agreement, which will be presented for possible amendment at
the January 11, 2022, City Council meeting, to meet the provisions under State law.
The key elements of the Ordinance include a significantly expanded Definitions section (Section
8.32.020), new requirements for Residential and Commercial recycling and organics diversion
(Sections 8.32.170 and 8.32.171), the establishment of requirements for the operation of food
recovery programs within the City (Sections 8.32.174 and 8.32.175), as well as inspection and
enforcement provisions (Sections 8.32.180 and 8.32.181), and retitling Chapter 8.32 to "Solid
Waste and Recycling." This Ordinance represents a significant revision to the City's solid waste
and recycling program.
STAFF RECOMMENDATION
Staff recommends that the City Council:
1. Introduce for the first reading Ordinance No. 1006: An Ordinance amending Chapter 8.32
of the City of Rosemead Municipal Code, retitling Chapter 8.32 to "Solid Waste and
Recycling," and other clarifying amendments.
2. Direct staff to agendize Ordinance No. 1006 for second reading and possible adoption at
the January 11, 2022, City Council meeting.
LEGAL REVIEW
The staff report and ordinance have been reviewed by the City Attorney.
STRATEGIC PLAN IMPACT - None
FISCAL IMPACT
Additional administrative, enforcement and reporting requirements will be placed on the City's
various departments, depending on the implementation methods of the Ordinance and the
SB1383 Program. The necessary expenditures are unknown at this time. However, staff is
currently evaluating potential expenses and anticipate integrating them into the City's current
budget. Once the expenditures are determined, staff will return to the City Council for approval
of the budget appropriation and expenditures as necessary.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
City Council Meeting
December 14, 2021
Page 4 of 4
Prepared and submitted by:
0-11�-� Michael Chung, P.
Director of Public Works
Attachment A: Ordinance No. 1006
Attachment A
Ordinance No. 1006
ORDINANCE NO. 1006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AMENDING CHAPTER 8.32 OF THE CITY OF
ROSEMEAD, RETITLING CHAPTER 8.32 TO "SOLID WASTE AND
RECYCLING", AND OTHER CLARIFYING AMENDMENTS
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California
Integrated Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced from time to time),
requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste
generated in their jurisdictions to the maximum extent feasible before any incineration or
landfill disposal of waste, to conserve water, energy, and other natural resources, and to
protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the
Governor of the State of California on October 5, 2011, which amended Sections 41730,
41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections
40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3
of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code,
as amended, supplemented, superseded and replaced from time to time), places requirements
on businesses and Multi -Family property owners that generate a specified threshold amount
of Solid Waste to arrange for recycling services and requires the City of Rosemead to
implement a Mandatory Commercial Recycling program; and
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by
the Governor of the State of California on September 28, 2014, which added Chapter 12.9
(commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code,
relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to
time), requires businesses and Multi -Family property owners that generate a specified
threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for
recycling services for that waste, requires the City of Rosemead to implement a recycling
program to divert Organic Waste from businesses subject to the law, and requires the City of
Rosemead to implement a Mandatory Commercial Organics Recycling program; and
WHEREAS, the City of Rosemead has previously implemented programs through its
franchise hauler, Republic Services, that meet the requirements of Assembly Bill 939,
Assembly Bill 341 and Assembly Bill 1826 and those said programs have been successful in
guiding the City towards increased compliance in all elements of the recycling and solid
waste programs; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. The regulations place requirements on multiple entities including the City of
Rosemead, residential households, Commercial Businesses and business owners,
Commercial Edible Food Generators, haulers, Food Recovery Organizations, and Food
Recovery Services to support achievement of Statewide Organic Waste disposal reduction
targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires the City of Rosemead to adopt and enforce an ordinance or enforceable mechanism
to implement relevant provisions of SB 13 83 Regulations and other clarifying amendments.
This ordinance will also help reduce food insecurity by requiring Commercial Edible Food
Generators to arrange to have the maximum amount of their Edible Food, that would
otherwise be disposed, be recovered for human consumption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.32 is hereby retitled to "SOLID WASTE AND RECYCLING".
SECTION 2. Section 8.32.010 "Legislative policy" is hereby amended as follows:
The City Council does find and determine that the storage, accumulation, collection and disposal
of garbage, trash, rubbish, debris and other discarded matter, goods and materials is a matter of
great public concern, in that improper control of such matters can lead to air pollution, fire
hazards, insect breeding and rat infestation and other problems affecting the health, welfare and
safety of the residents of this and surrounding cities. The City Council further declares the
following:
A. Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989
(California Public Resources Code Section 40000, et seq., as amended, supplemented,
superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and
recycle (including composting) Solid Waste generated in their jurisdictions to the maximum
extent feasible before any incineration or landfill disposal of waste, to conserve water, energy,
and other natural resources, and to protect the environment.
B. Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5,
2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and
50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing
with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the
Public Resources Code, as amended, supplemented, superseded and replaced from time to time),
places requirements on businesses and Multi -Family property owners that generate a specified
threshold amount of Solid Waste to arrange for recycling services and requires the City of
Rosemead to implement a Mandatory Commercial Recycling program.
C. Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September
28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division
30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented,
superseded, and replaced from time to time), requires businesses and Multi -Family property
owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste
per week to arrange for recycling services for that waste, requires the City of Rosemead to
implement a recycling program to divert Organic Waste from businesses subject to the law, and
requires the City of Rosemead to implement a Mandatory Commercial Organics Recycling
program.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to
develop regulations to reduce organics in landfills as a source of methane. The regulations place
requirements on multiple entities including the City of Rosemead, residential households,
Commercial Businesses and business owners, Commercial Edible Food Generators, haulers,
Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide
Organic Waste disposal reduction targets.
E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the City of
Rosemead to adopt and enforce an ordinance or enforceable mechanism to implement relevant
provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by
requiring Commercial Edible Food Generators to arrange to have the maximum amount of their
Edible Food, that would otherwise be disposed, be recovered for human consumption.
F. The mandates of the Southern California Air Quality Management District, and other regulatory
agencies, concerning air pollution and traffic congestion management, require the regulation and,
where possible, reduction in the number of waste collection vehicles and vehicle trips which
cause the discharge of air contaminants and create air pollution.
G. A reduction in the number of waste collection vehicles using the City streets daily will reduce
traffic hazards and congestion, extend the life of the streets, and promote safety.
H. The regulation of solid waste collection services in the City will also promote the public health,
safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of
those vehicles, and the reduction of spillage and litter on the public streets, by establishing
responsibility for the cleaning of refuse bins and containers, and by providing for accountability
to the public.
1. The public health, safety and welfare will best be served by providing for one or more exclusive
contracts for residential and commercial solid waste collection services, subject to the limited
rights of state facilities to use a collector other than the collector with an exclusive contract.
J. This chapter is enacted by the City Council pursuant to the following statutory authorization and
in order to accomplish the objectives set forth in this Chapter:
1. Public Resources Code Section 40059 authorizes the City to determine:
a. All aspects of solid waste collection which are of local concern, including, but not
limited to, frequency of collection, means of collection and transportation, level of
services, charges and fees, and nature, location and extent of providing solid waste
collection services; and
b. Whether the services are to be provided by means of nonexclusive contract, contract,
license, permit, or otherwise, either with or without competitive bidding, or if, in the
opinion of its governing body, the public health, safety and well-being so require, by
partially exclusive or wholly exclusive contract, contract, license, permit, or otherwise,
either with or without competitive bidding.
2. Public Resources Code Section 49300 provides that the City may, pursuant to terms and
conditions as may be prescribed by its legislative body, contract for the collecting or
disposal, or both, of garbage, waste, refuse, offal, trimmings, or other refuse matter.
3. Public Resources Code Section 49501 provides that the City may take action, whether by
franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more
other local agencies or solid waste enterprises is authorized or permitted to have the
exclusive right to provide solid waste collection services of any class or type within all or
any part of the territory of the City.
4. It is the intent of this chapter to set forth terms and conditions pursuant to which
authorization may be granted by the City Council to provide solid waste handling
services, and to promote the public health, welfare and safety of the community by
establishing reasonable regulations relating to the storage, accumulation, collection and
disposal of garbage, trash, rubbish, debris and other discarded matter, goods and
material.
SECTION 3. Section 8.32.020 "Definitions" of the Rosemead Municipal Code is amended
and restated as follows:
The following terms have the meaning as set forth below:
"Bin" or "bins" means those open -top rectangular metal containers provided by contractor,
with wheels, with or without plastic or metal lids, used for collection and storage of Municipal Solid
Waste, Recyclable Materials, Green Waste, Construction and Demolition Debris, or other materials
to be collected by Contractor. Typical sizes of bins include one and one-half, two, three, four and six
cubic yards. Bins are collected by a front load vehicle equipped with metal forks that are inserted
into metal channels on either side of the bin in order to lift bin, empty the contents into the body of
the vehicle, and return the bin to the ground.
"Blue Container" has the same meaning as in 14 CCR Section 18982(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.
"Box" means a large open -top rectangular metal containers used to store and transport
Municipal Solid Waste, Recyclable Materials, Green Waste, Construction and Demolition Debris, or
other materials, collected using a special vehicle equipped with hooks and a winch to pull the box
onto the flat bed of the truck for transport.
"Bulky items" means furniture, household appliances, carpets, mattresses, automobile tires,
shipping crates and containers, oversized yard waste such as tree trunks and large branches if no
larger than two feet in diameter and four feet in length, and other large bulky or heavy objects not
normally discarded on a regular basis at residential, commercial or business establishments. Bulky
items do not include construction/demolition debris or consumer electronics, such as televisions,
radios, computers and monitors which are regarded as Universal Waste Electronic Devices, the
disposal of which is governed by the Department of Toxic Substances Control.
"CalRecycle" means California's Department of Resources Recycling and Recovery, which
is the Department designated with responsibility for developing, implementing, and enforcing SB
1383 Regulations on jurisdictions (and others).
"California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR
(e.g., "14 CCR" refers to Title 14 of CCR).
"City" means the City of Rosemead, California, and all of the territory lying within the
municipal boundaries of the City as presently existing or as such boundaries may be modified.
"City Representative" means the Director of Public Works, or designee, authorized to
administer and enforce the provisions of this Chapter.
"Collection" means the taking of physical possession of Municipal Solid Waste or recyclable
materials from customer premises and transporting it to the materials recovery facility, compost
facility, construction demolition and debris processing facility, or landfill.
"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 Chapter.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible
Food Generator as 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.
"Compliance Review" means a review of records by the City of Rosemead to determine
compliance with this Chapter.
"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).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended
from time to time.
"Construction and demolition materials" or "C&D materials" means discarded building
materials, "inert wastes" as defined in Public Resources Code section 41821.3 (a)(1) (rock, concrete,
brick, sand, soil ceramics and cured asphalt), recyclable construction and demolition materials,
packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and demolition
operations, but does not include asbestos -containing materials.
"Container" means cart, bin, or debris box.
"Contractor" means any person, firm, business or corporation with whom the city may have a
contract or to whom the city has granted a franchise for the collection, removal and disposal of
garbage, waste or rubbish in the city. Contractor shall have the same meaning as "Designee" for the
purposes of this chapter.
"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).
"Designee" means an entity that the City of Rosemead contracts with or otherwise arranges
to carry out any of the City of Rosemead's responsibilities of this Chapter as authorized in 14 CCR
Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a
combination of those entities. "Designee" shall have the same meaning as "Contractor" for the
purposes of this chapter.
"Customer" means the owner, occupant or user of premises at which Municipal Solid Waste
or recyclable materials are generated and then collected by contractor. Customers include residential
customers, multifamily customers, and commercial customers.
"Disposal" means the burying of Municipal Solid Waste at a permitted landfill or
transformation at a permitted facility as further defined in Section 40192 of the California Public
Resources Code.
"Disposal site" means such place or places specifically designated by the contractor for the
disposal, or processing as appropriate, of Municipal Solid Waste and other materials as appropriate.
"Edible Food" means food intended for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For the purposes of this Chapter 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 Chapter 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.
"Enforcement Action" means an action by the City of Rosemead to address non-compliance
with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies.
"Enforcement Official" means the city manager or their authorized designee(s) who is/are
partially or wholly responsible for enforcing this Chapter. For purposes of this Chapter, the
"Enforcement Official" shall have the same meaning as "City Representative".
"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 Rosemead
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 the City of Rosemead, 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 the [city, or its Designee], to potential liability; but not
including de minimis volumes or concentrations of waste of a type and amount normally found in
Single -Family or Multi -Family Solid Waste after implementation ofprograms 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.
"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).
"Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
"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).
"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,
(3) A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section
18982(a)(25) for Food Recovery Organization differs from this definition, the
definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
"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 nota Commercial Edible Food Generator for the purposes of this Chapter and implementation of
14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"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).
"Franchise" means the exclusive right and privilege granted by agreement. For the purposes
of this section, "Franchise" shall be the instrument or agreement issued by the City of Rosemead and
held by the "Designee".
"Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be
used for the purpose of storage and collection of Gray Container Waste.
"Gray Container Waste" means Solid Waste that is collected in a Gray Container as specified
in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
Gray Container Waste may specifically include carpet, [Non-Compostable Paper] and textiles.
"Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be
used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
"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).
"Hauler Route" means the designated itinerary or sequence of stops for each segment of the
City of Rosemead's collection service area, or as otherwise defined in 14 CCR Section
18982(x)(31.5).
"Hazardous waste" means any waste materials or mixture of wastes defined as a "hazardous
substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. § 6901 et seq., the Comprehensive Environmental Response, Compensation
and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Carpenter -Presley -Tanner Hazardous
Substance Account Act ("HSAA"), codified at California Health & Safety Code § 25300 et seq.; the
Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher,
Chapter 863, Statutes of 2004; AB 575, Wolk, Chapter 59, Statutes of 2011), laws governing
Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"),
non -empty aerosol cans, fluorescent tubes, high-intensity discharge lamps, sodium vapor lamps, and
any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -
cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries,
alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a
hazardous waste), mercury thermometers, mercury -containing switches, and all future amendments
to any of them, or as defined by CalRecycle or the Department of Toxic Substances Control, or by
their respective successor agencies. If there is a conflict in the definitions employed by two or more
agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be
construed to have the broader, more encompassing definition.
"High Diversion Organic Waste Processing Facility" has the same meaning as defined in
14 CCR Section 18982(a)(33).
"Householder" means a person owning, renting or otherwise holding and occupying a house
or place of abode, including a trailer, apartment or motel unit with kitchen, singly or with his or her
family.
"Household hazardous waste" means materials generated at the premises of residential or
multifamily customers that cannot be lawfully deposited in a landfill, such as dry cell household
batteries; cell phones and PDAs; used motor oil; used oil filters, fluorescent light bulbs; E -waste;
cleaning products, pesticides, herbicides, insecticides, and certain paints, automotive products,
solvents, stripper, adhesives, and universal waste.
"Inspection" means a site visit where the City of Rosemead 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 Chapter, or as
otherwise defined in 14 CCR Section 18982(a)(35).
"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.
"Large Venue" means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a
venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium,
airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public
attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter
12, a site under common ownership or control that includes more than one Large Venue that is
contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR
Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply.
"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).
"Miscellaneous debris" shall be deemed to include any and all trash, rubbish, debris or other
abandoned or discarded materials not otherwise provided for under the foregoing definitions, or as
expressly excepted therefrom, except dead small animals, animal excreta and garbage.
"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.
"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR,
Division 2, Chapter 2.7.
"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).
"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).
"Notice of Violation (NOV)" means a notice that a violation of this Chapter 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.
"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).
"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).
"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).
"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).
"Prohibited Container Contaminants" means the following: (i) discarded materials placed in
the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for
the City of Rosemead's Blue Container; (ii) discarded materials placed in the Green Container that
are not identified as acceptable Source Separated Green Container Organic Waste for the City of
Rosemead's Green Container; (iii) discarded materials placed in the Gray Container that are
acceptable Source Separated Recyclable Materials and/or Source Separated Green Container
Organic Wastes to be placed in the City of Rosemead's Green Container and/or Blue Container; and,
(iv) Excluded Waste placed in any container.
"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).
"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).
"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).
"Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic
devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for
purposes of identifying the quantity of materials in containers (level of fill) and/or presence of
Prohibited Container Contaminants.
"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).
"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).
"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.
"SB 1383 Regulations" or "SB 13 83 Regulatory" means or refers to, for the purposes of this
Chapter, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by
CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions
of regulations of 14 CCR and 27 CCR.
"Scavenging" means the unauthorized removal of recyclable materials. Scavenging is
prohibited by Public Resources Code section 41950.
"Self -Hauler" means a person, who, in compliance with all applicable requirements of the
City of Rosemead Municipal Code, hauls Solid Waste, Organic Waste or recyclable material he
or she has generated directly to the appropriate facility, as required by this Chapter. Self -hauler
also includes a person who back -hauls waskte, or as otherwise defined in 14 CCR Section
18982(a)(66). Back -haul means generating and transporting Organic Waste to a destination
owned and operated by the generator using the generator's own employees and equipment, or as
otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Self -haul permittee" means a householder who holds a valid self -haul permit from the
City.
"Single -Family" means of, from, or pertaining to any residential premises with fewer
than five (5) units.
"Solid Waste" has the same meaning as defined in State Public Resources Code Section
40191.
"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 this Chapter,
Source Separated shall include separation of materials by the generator, property owner, property
owner's employee, property manager, or property manager's employee into different containers
for the purpose of collection such that Source Separated materials are separated from Gray
Container Waste or other Solid Waste for the purposes of collection and processing.
"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).
"Source Separated Green Container Organic Waste" means Source Separated Organic
Waste that can be placed in a Green Container that is specifically intended for the separate
collection of Organic Waste by the generator, excluding Source Separated Blue Container
Organic Waste, carpets, Non-Compostable Paper, and textiles.
"Source Separated Recyclable Materials" means Source Separated Non -Organic
Recyclables and Source Separated Blue Container Organic Waste.
"State" means the State of California.
"Streets" shall mean all dedicated public rights-of-way within the existing or future
corporate limits of the City.
"Storage" includes the accumulating, maintaining, dumping, abandoning, storing,
collecting or other gathering, stacking or piling, other than in a mercantile building or in a
dwelling unit, which latter places shall be regulated by the fire prevention code.
"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).
"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.
"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 defmition, the definition in 14 CCR Section
18982(a)(74) shall apply.
"Universal waste" means and includes, but is not limited to, universal waste electronic
devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic
Substances Control, 23 CCR §§ 66273. 1, et seq.), and other universal wastes, including, but not
limited to, non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor
lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable
nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries
[burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries and any other
batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, and
mercury -containing switches.
"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).
"Work days" means the days Monday through Friday, during the hours of 7:00 a.m. to 5:00
p.m., which is the general period contractor provides regular collection services.
SECTION 4. Sections 8.32.170 through 8.32.184 are hereby added to the Rosemead
Municipal Code, as follows:
8.32.170- Requirements for single-family generators.
Single -Family Organic Waste Generators, except Single -Family generators that meet all
applicable Self -Hauler requirements in this Chapter and Chapter 8.32.090:
A. Shall subscribe to the City of Rosemead's three -container Organic Waste collection services.
The City of Rosemead shall have the right to review the number, size, and location 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, generator shall
adjust its service level for its collection services as requested by the City of Rosemead.
B. Shall participate in the City of Rosemead's three -container system for Source Separated
Recyclable Materials, Source Separated Green Container organic materials, and Gray Container
Waste collection services. Generator participation in the collection programs requires that
generators place only approved materials in the appropriate colored containers. Generators shall
not place materials designated for the Gray Container into the Green Container or Blue
Container. Notwithstanding the above, and in accordance with the SB 1383 Regulations, the
City of Rosemead is not required to replace functional containers, including containers
purchased prior to January 1, 2022, that do not comply with the color requirements of this
Chapter and the Regulations, prior to the end of the useful life of those containers, or prior to
January 1, 2036, whichever comes first. Labels will be placed on the containers indicating the
primary materials accepted and the primary materials prohibited in the containers. Until SB 13 83
compliant colored containers are provided (Blue Container, Green Container, and Gray
Container), Single -Family Waste Generators shall comply with the container label requirements.
C. Nothing in this Section prohibits a generator from preventing or reducing waste generation,
managing Organic Waste on site, and/or using a Community Composting site pursuant to 14
CCR Section 18984.9(c).
8.32.171- Requirements for commercial businesses.
Commercial Businesses, which includes Multi -Family Residential Dwellings, shall:
A. Except Commercial Businesses that meet all applicable Self -Hauler requirements in this Chapter
and Chapter 8.32.090, subscribe to the City of Rosemead's three -container Organic Waste
collection services. The City of Rosemead shall have the right to review the number, size, and
location 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 Business shall adjust its service level for its collection services as
requested by the City of Rosemead.
B. Except Commercial Businesses that meet all applicable Self -Hauler requirements in this Chapter
and Chapter 8.32.090, participate in and comply with the City of Rosemead's three -container
(Blue Container, Green Container, and Gray Container) collection service by placing designated
materials in designated containers. Generator shall place only approved materials in the
appropriate colored containers. Generators shall not place materials designated for the Gray
Container into the Green Container or Blue Container. Notwithstanding the above, and in
accordance with the SB 1383 Regulations, the City of Rosemead is not required to replace
functional containers, including containers purchased prior to January 1, 2022, that do not
comply with the color requirements of this Chapter and the Regulations, prior to the end of the
useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be
placed on the containers indicating the primary materials accepted and the primary materials
prohibited in the containers. Until SB 13 83 compliant colored containers are provided (Blue
Container, Green Container, and Gray Container), Commercial Businesses shall comply with the
container label requirements.
C. Supply and allow access to adequate number, size, and location of collection containers with
sufficient labels or colors (conforming with subsections D.1 and D.2 below), for employees,
contractors, tenants and customers, consistent with the City of Rosemead's Blue Container,
Green Container, and Gray Container collection service, or, if self -hauling, per the Commercial
Businesses' instructions to support its compliance with its self -haul program.
D. Excluding Multi -Family Residential Dwellings, provide containers for the collection of Source
Separated Green Container Organic Waste, and Source Separated Recyclable Materials in all
indoor and outdoor areas where disposal containers are provided for customers, for materials
generated by that business. Such containers do not need to be provided in restrooms. If a
Commercial Business does not generate any of the materials that would be collected in one type
of container, then the business does not have to provide that particular container in all areas
where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b),
the containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the collection
service provided by the City of Rosemead, 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 labels 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 pursuant to 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, Inspection, and/or other measures, excluding
Multi -Family Residential Dwellings, prohibit employees from placing materials in a container
not designated for those materials per the City of Rosemead's Blue Container, Green Container,
and Gray Container collection service [or, if self -hauling, per the Commercial Businesses'
instructions to support its compliance with its self -haul program].
G. Excluding Multi -Family Residential Dwellings, periodically inspect Blue Container, Green
Container, 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 Green Container
Organic Waste and Source Separated Recyclable Materials.
I. Provide education information before or within fourteen (14) days of occupation of the premises
to new tenants that describes requirements to keep Source Separated Green Container Organic
Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when
applicable) and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the City of Rosemead or its agent to their properties during all
Inspections conducted in accordance with this Chapter to confirm compliance with the
requirements of this Chapter.
K. If implemented, accommodate and cooperate with the City of Rosemead's Remote Monitoring
program for Inspection of the contents of containers for Prohibited Container Contaminants, to
evaluate generator's compliance with this Chapter. The Remote Monitoring program shall
involve installation of Remote Monitoring equipment on or in the Blue Containers, Green
Containers, and/or Gray Containers,
L. If the Commercial Business wants to self -haul, meet all requirements of this Chapter and Section
8.32.090.
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 in this Chapter.
8.32.172 - Waivers for generators.
A. De Minimis Waivers: The City of Rosemead may, at its discretion, waive a Commercial
Business' obligation (including Multi -Family Residential Dwellings) to comply with some or all
of the Organic Waste requirements of this Chapter if the Commercial Business:
1. Submits an application specifying the services that they are requesting a waiver from;
and
2. Provides documentation that either:
a. The Commercial Business' total Solid Waste collection service is two cubic
yards or more per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 20 gallons per week per
applicable container of the business' 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; and
3. Notifies the City of Rosemead if circumstances change such that Commercial Business's
Organic Waste exceeds the threshold required for waiver, in which case waiver will be
rescinded; and
4. Provides written verification of eligibility for de minimis waiver every 5 years, if the
City of Rosemead has approved de minimis waiver.
B. Physical Space Waivers: The City of Rosemead may, at its discretion, waive a Commercial
Business' or property owner's obligations (including Multi -Family Residential Dwellings) to
comply with some or all of the recyclable materials and/or Organic Waste collection service
requirements if the City of Rosemead has evidence from its own staff, a hauler, licensed
architect, or licensed engineer demonstrating that the premises lack adequate space for the
collection containers required for compliance with the Organic Waste collection requirements of
this Chapter.
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 lack adequate space for Blue Containers and/or
Green Containers, including documentation from its hauler, licensed architect, or
licensed engineer.
3. Provide written verification to the City of Rosemead that it is still eligible for physical
space waiver every five years, if the City of Rosemead has approved application for a
physical space waiver.
C. Collection Frequency Waiver: The City of Rosemead, 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 Rosemead's three -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.
8.32.173 - Requirements for commercial edible food generators.
A. Tier One Commercial Edible Food Generators must comply with the below requirements
commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply
commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be
provided by others, shall require Food Facilities operating at the Large Venue or Large Event to
comply with the requirements of this Section, commencing January 1, 2024.
C. 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:
a. the collection of Edible Food for Food Recovery; or,
b. 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 the City of Rosemead's designated enforcement entity or designated third party
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.
6. Commencing no later than January 1, 2022, for Tier One Commercial Edible Food
Generators and January 1, 2024, for Tier Two Commercial Edible Food Generators,
Commercial Edible Food Generators shall provide a quarterly Food Recovery report to
the City of Rosemead which includes the information required in 14 CCR Section
18991.4 "Record Keeping Requirements for Commercial Edible Food Generators."
D. Nothing in this Section shall be construed to limit or conflict with the protections provided by
the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or
share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by
the Governor of the State of California on September 25, 2017, which added Article 13
[commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the
Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food
safety, as amended, supplemented, superseded and replaced from time to time).
8.32.174 - 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):
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. Commencing January 1, 2022, Food Recovery Organizations and Food Recovery Services that
have their primary address physically located in the City of Rosemead 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 Rosemead 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), as applicable.
D. Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity planning
assessments or other studies conducted by the [County, city, special district] that provides solid
waste collection services, or its designated entity, Food Recovery Services and Food Recovery
Organizations operating in the City of Rosemead shall provide information and consultation to
the City of Rosemead, upon request, regarding existing, or proposed new or expanded, Food
Recovery capacity that could be accessed by the City of Rosemead and its Commercial Edible
Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the
City of Rosemead shall respond to such request for information within 60 days, unless a shorter
timeframe is otherwise specified by the City of Rosemead.
E. Commencing no later than January 1, 2022, Food Recovery Services and Organization shall
provide a quarterly report to the City of Rosemead which includes the information required in 14
CCR Section 18991.5 "Food Recovery Services and Organizations."
8.32.175 - Requirements for haulers, facility operators and community composting operations.
A. Requirements for Haulers.
1. The Designee providing residential, Commercial or Industrial Organic Waste collection
services to generators within the City of Rosemead'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 Rosemead to collect Organic Waste:
a. Through written notice to the City of Rosemead annually on or before April 1st,
identify the facilities to which they will transport Organic Waste including the facilities
for Source Separated Recyclable Materials and Source Separated Green Container
Organic Waste, as applicable.
b. Transport Source Separated Recyclable Materials and Source Separated Green
Container Organic Waste to a facility, operation, activity, or property that recovers
Organic Waste, as defined in 14 CCR, Division 7, Chapter 12, Article 2.
c. Obtain approval from the City of Rosemead to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community Composting site or
lawfully transporting Construction and Demolition Wastes in a manner that complies
with 14 CCR Section 18989.1.
d. The Designee shall comply with education, equipment, signage, container labelling,
container color, contamination monitoring, reporting, and other requirements contained
within its Franchise Agreement, as may be amended from time to time.
e. Notwithstanding any the foregoing, nothing in this Chapter shall restrict or otherwise
prohibit the Designee from meeting its compliance requirements by any alternative
methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations,
and/or any other applicable law, as may be amended from time to time.
B. Requirements for Facility Operators and Community Composting Operations.
Owners of facilities, operations, and activities that recover Organic Waste, including, but
not limited to, Compost facilities, in -vessel digestion facilities, and publicly -owned
treatment works shall, upon the City of Rosemead's 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 Rosemead shall respond within
60 days.
2. Community Composting operators, upon City of Rosemead request, shall provide
information to the City of Rosemead 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
Rosemead shall respond within 60 days.
8.32.176- Self -hauler requirements.
In addition to any other requirements for Self -haulers as contained in Chapter 8.32.090:
A. Self -Haulers shall source separate all recyclable materials and Organic Waste (materials that the
City of Rosemead otherwise requires generators to separate for collection in the City of
Rosemead's organics and recycling collection program) generated on-site from Solid Waste in a
manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a
High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
B. Self -Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers
those materials; and haul their Source Separated Green Container Organic Waste to a Solid
Waste facility, operation, activity, or property that processes or recovers Source Separated
Organic Waste. Alternatively, Self -Haulers may haul Organic Waste to a High Diversion
Organic Waste Processing Facility.
C. Self -Haulers that are Commercial Businesses (including Multi -Family Residential Dwellings)
shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility,
operation, activity, or property that processes or recovers Organic Waste; this record shall be
subject to Inspection by the City of Rosemead. The records shall include the following
information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on-site, or employs
scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to
determine the weight of materials received, the Self -Hauler is not required to record the
weight of material but shall keep a record of the entities that received the Organic Waste.
D. Self -Haulers that are Commercial Businesses (including Multi -Family Self -Haulers) shall
provide information collected in subsection C to the City of Rosemead or its authorized designee
or other representative, if requested.
8.32.177 - Compliance with CALGreen recycling requirements.
As applicable, all persons and/or entities subject to California Green Building Standards
Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions of
CALGreen, as amended July 1, 2019 and effective January 1, 2020:
A. Section 4.408.1 Construction Waste by Occupants Residential, Section 4.410.2 Recycling by
Occupants Residential, Section 5.408.1 Construction Waste Management by Occupants Non-
residential, and Section 5.410.1 Recycling by Occupants Non-residential.
B. For organic waste commingled with construction and demolition debris, Section 4.408.1
Construction Waste Management Residential and Section 5.408.1 Construction Waste
Management non-residential.
If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of
CALGreen are amended in a manner that requires the City of Rosemead to incorporate the
requirements in an updated local ordinance, and the amended requirements include provisions more
stringent than those required in this Section, the revised requirements of Sections 4.408.1, 4.410.2,
5.408.1, and 5.410.1 of CALGreen shall be enforced.
8.32.178 - Model Water Efficient Landscaping Ordinance requirements.
As applicable, all persons and/or entities subject to the MWELO shall comply with Sections
492.6(a)(3)(B), (C), (D), and (G), as amended September 15, 2015. The MWELO compliance items
listed herein are not an inclusive list of MWELO requirements; therefore, property owners or their
building or landscape designers that meet the threshold for MWELO compliance outlined herein
shall consult the full MWELO for all requirements.
If, after the adoption of this Chapter, 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 the City of
Rosemead 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.
8.32.179 - Procurement requirements for City of Rosemead departments, direct service
providers, and vendors.
A. City of Rosemead departments, and direct service providers to the City of Rosemead, as
applicable, must comply with the City of Rosemead'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:
L 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.
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.
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 Rosemead. 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 Rosemead 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 Rosemead or its Designee, of all Paper Products and
Printing and Writing Paper purchases within thirty (30) days of the purchase (both
recycled -content and non -recycled content, if any is purchased) made by any division or
department or employee of the City of Rosemead. Records shall include a copy
(electronic or paper) of the invoice or other documentation of purchase, written
certifications as required in subsections (3) and (4) 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.
8.32.180 - Inspections and investigations by the City of Rosemead.
A. City of Rosemead representatives and/or its designated entity, including Designees are
authorized to conduct Inspections and investigations, at random or otherwise, of any collection
container, collection vehicle loads, or transfer, processing, or disposal facility for materials
collected from generators, or Source Separated materials to confirm compliance with this
Chapter, subject to applicable laws. This Section does not allow the City of Rosemead to enter
the interior of a private residential property for Inspection. For the purposes of inspecting
Commercial Business containers for compliance with this Chapter, the City of Rosemead may
conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring,
and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring,
where applicable.
B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of
residential property interiors) and shall cooperate with City of Rosemead employees or its
designated entity/Designee during such Inspections and investigations. Such Inspections and
investigations may include confirmation of proper placement of materials in containers, Edible
Food Recovery activities, records, or any other requirement of this Chapter described herein.
Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation
of Remote Monitoring equipment, where required; or (ii) access to records for any Inspection or
investigation is a violation of this Chapter and may result in penalties described.
C. Any records obtained by a City of Rosemead during its Inspections, Remote Monitoring, and
other reviews shall be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section 6250 et seq.
D. City of Rosemead representatives, its designated entity, and/or Designee are authorized to
conduct any Inspections, Remote Monitoring or other investigations as reasonably necessary to
further the goals of this Chapter, subject to applicable laws.
E. The City of Rosemead shall receive written complaints from persons regarding an entity that
may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints.
8.32.181- Enforcement.
A. Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of
Violation and assessment of a fine by an Enforcement Official or representative. Enforcement
Actions under this Chapter are issuance of an administrative citation and assessment of a fine.
The City of Rosemead'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 Chapter and
any rule or regulation adopted pursuant hereto, except as otherwise indicated.
B. Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. The City of Rosemead may pursue civil actions in the California
courts to seek recovery of unpaid administrative citations. The City of Rosemead 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 Rosemead staff and
resources.
C. Enforcement pursuant to this Chapter may be undertaken by the Enforcement Official, which
may be the city manager, Public Works Director or their designated entity, legal counsel, or
combination thereof.
D. Process for Enforcement
1. Enforcement Officials and/or their Designee will monitor compliance with this Chapter
randomly and through Compliance Reviews, Route Reviews, investigation of
complaints, and an Inspection program, which may include Remote Monitoring,
2. The City of Rosemead may issue an official notification to notify regulated entities of its
obligations under this Chapter.
3. For incidences of Prohibited Container Contaminants found in containers, the
jurisdiction will issue a Notice of Violation to any generator found to have Prohibited
Container Contaminants in a container. Such notice will be provide via a cart tag or other
communication immediately upon identification of the Prohibited Container
contaminants or within seven days after determining that a violation has occurred. If the
City of Rosemead or its authorized Designee observes Prohibited Container
Contaminants in a generator's containers on three consecutive occasions within a six-
month time period, the City of Rosemead may assess contamination processing fees or
contamination penalties on the generator.
4. With the exception of violations of generator contamination of container contents, the
City of Rosemead shall issue allotice 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, the City of Rosemead shall commence an action to impose penalties, via an
administrative citation and fine, pursuant to the municipal code.
6. Notices shall be sent to "owner" at the official address of the owner maintained by the
tax collector for the City of Rosemead 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.
1. For a first violation, the amount of the base penalty shall be $50 per violation.
2. For a second violation, the amount of the base penalty shall be $100 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be $250 per
violation.
F. Compliance Deadline Extension Considerations. The City of Rosemead may extend the
compliance deadlines set forth in a Notice of Violation 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 Rosemead is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies.
G. Appeals Process.
Persons receiving an administrative citation containing a 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 Rosemead's procedures for appeals of administrative
citations. Evidence may be presented at the hearing. The City of Rosemead will appoint a hearing
officer who shall conduct the hearing and issue a final written order.
H. Education Period for Non -Compliance.
Beginning January 1, 2022 and through December 31, 2023, the City of Rosemead will conduct
Inspections, Remote Monitoring, Route Reviews, waste evaluations, and Compliance Reviews,
depending upon the type of regulated entity, to determine compliance, and if City of Rosemead
determines that Organic Waste Generator, Self -hauler, hauler, Tier One Commercial Edible Food
Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in
compliance, it shall provide educational materials to the entity describing its obligations under this
Chapter and a notice that compliance is required by January 1, 2022, and that violations may be
subject to administrative civil penalties starting on January 1, 2024.
I. Civil Penalties for Non -Compliance.
Beginning January 1, 2024, if the City of Rosemead 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
Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take
Enforcement Action pursuant to this Chapter and state law, as needed.
8.32.184 - Organics waste disposal and diversion.
In the event state and/or federal law or regulations are implemented which are more stringent
or comprehensive than the requirements of this Chapter related to organic waste disposal and/or
diversion, all residents and/or businesses, as applicable, shall be responsible for complying with
those requirements.
SECTION 4. The title of Section 8.32.030 of the Rosemead Municipal Code is amended
from "Section 8.32.030 — Residential and commercial collection services." to "Section 8.32.030 —
Manner of residential and commercial collection services."
SECTION 5. Section 8.32.090.A ofthe Rosemead Municipal Code is amended and restated
as follows:
A. Permit Required. Every Householder, Commercial Business, or generator, who desires to self -
haul in lieu of making arrangements for the collection of solid waste, recyclables and
compostables, shall obtain a self -haul permit prior to commencing self -hauling.
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 7. Publication. The City Clerk is directed to certify this ordinance and cause it
to be published in the manner required by law.
SECTION 8. Effective Date. This ordinance will be effective 30 days after adoption.
PASSED, APPROVED AND ORDAINED this 14th day of December, 2021.
Polly Low, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
Ericka Hernandez, City Clerk
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. 1006, was introduced at a regular meeting of the City
Council of the City of Rosemead held on the 14th day of December, 2021 and was adopted by the
City Council of the City of Rosemead at a regular meeting held the 11th day of January, 2022, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk