SR 10-26-2021 7B
City Council Report
City Council Meeting: October 26, 2021
Agenda Item: 7.B
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To: Mayor and City Council
From: Rick Valte, Acting Public Works Director, Public Works, Resource Recovery &
Recycling
Subject: Introduction and First Reading of an Ordinance to Comply with Senate Bill
1383 Mandate on Recycling of Organic Materials
Recommended Action
Staff recommends the City Council introduce for first reading the attached new
Mandatory Recycling Ordinance, SMMC 5.46, that would require all Santa Monica
properties to recycle organic materials to comply with the State of California’s new
organics recycling mandate, Senate Bill 1383.
Executive Summary
Santa Monica has a long-standing commitment to the environment, which includes a goal to
achieve zero waste through landfill diversion and recycling by 2030. California’s Short-Lived
Climate Pollutant Reduction Act of 2016, Senate Bill 1383 (SB 1383), requires jurisdictions to
adopt and enforce an ordinance to implement regulations to divert organics disposal (green
waste and food waste) from landfills for sustainable applications.
SB 1383 – considered to be the most significant waste reduction mandate to be adopted in
California in the last 30 years – established the following organics disposal reduction targets for
the State of California, based upon 2014 baseline tonnage:
• 50% reduction in organic waste disposal to landfills by 2020;
• 75% reduction in organic waste disposal to landfills by 2025; and
• 20% recovery of edible food for human consumption by 2025.
All jurisdictions and their organics generators shall recycle organics for beneficial and
sustainable end-uses, such as:
• Compost;
• Vehicular renewable energy production to replace fossil fuel;
• Renewable electricity production to replace fossil fuel; and
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• Edible food recovery for human consumption.
By approving the proposed ordinance (Attachment A), the City would implement the
requirements of and be in compliance with SB 1383 and would dramatically increase recycling
rates of food and green waste materials normally destined for the landfill. Additionally, the
proposed ordinance would also help the City reach its 2030 zero waste goal of reducing the per
capita landfill disposal rate to 1.1 pounds of landfilled waste per person per day. The City’s
Resource Recovery and Recycling (RRR) Division has been providing green containers to
organics generators during 2021 and is already conducting extensive outreach to prepare
account holders for the new requirements.
Background
The City of Santa Monica has adopted core policies to protect and preserve the health of the
natural environment, of the economy, and of its community. Specifically, the City promotes and
supports its adopted sustainability agenda through solid waste management practices, which
includes reduction, reuse, recycling, and renewable energy production from unwanted and
discardable items.
Assembly Bill 1826 – The Original Organic Waste Diversion Bill
Before the passage of Senate Bill 1383, which expanded organics recycling, the state enacted
an initial law to implement organics recycling. In October 2014, Governor Brown signed
Assembly Bill 1826 (AB 1826), a mandatory commercial organics recycling law, requiring that,
on and after January 1, 2016, local jurisdictions across the State implement an organics
recycling program to divert organics generated by businesses and multi-family residential
dwellings of five or more units which generate more than four cubic yards of total solid waste.
(Solid waste is the combined total of trash, recycling, and organics.)
For the purposes of AB 1826, organics, or organic waste, or organic material, means food
waste, food-soiled paper waste that is mixed in with food waste, green waste (e.g., landscape
and yard waste), and non-hazardous wood waste. This law required that businesses recycle
their organics as of April 1, 2016, depending on the amount of waste they generate per week.
Additionally, the law contained a 2020 trigger that further increased the scope of affected
businesses. As such, in September of 2020, California's Department of Resources Recycling
and Recovery (CalRecycle), reduced the threshold from four cubic yards of solid waste in 2016
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to two cubic yards. Under AB 1826, all businesses and multi-family residential dwellings of five
or more units that produce two cubic yards or more of solid waste must recycle their organics.
Why Focus on Organics?
Climate Change
Mandatory recycling of organic waste is the next step toward achieving California’s ambitious
recycling and greenhouse gas (GHG) emission reduction goals. Californians disposed of 27
million tons of organics in 2019, and the State’s 2014 Waste Characterization Study estimated
that 30% could have been used for compost, mulch, and renewable energy production.
Organics is the largest waste stream in California (67%), with food waste alone being the
State’s single largest waste material (18%). Californians throw away more than six million tons
of food waste annually despite one in eight of all Californians (and one in five children) being
food insecure as depicted in Figure 1.
The decomposition of organics in landfills has been identified as a significant source of
greenhouse gas (GHG) emissions, specifically methane, contributing to global climate change.
Landfills and their organic waste streams are the third largest source of methane (after oil/gas
and dairy), producing 21% of California’s total methane emissions. However, organics diverted
from landfills can be processed into beneficial and sustainable products thereby reducing GHG.
Examples of alternate uses for organics include compost, mulch, paper, and renewable energy.
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SB 1383: The Need to Go Beyond AB 1826
Following the implementation of AB 1826, the State was not achieving satisfactory results in its
reduction of greenhouse gases, called short-lived climate pollutants. Short-lived climate
pollutants (SLCP), including methane, hydrofluorocarbons, and anthropogenic black carbon,
have a significant impact on climate change in a short timeframe. Legislators recognized the
need to take additional steps to ensure the State furthered its efforts in reducing greenhouse
gases. In September 2016, Governor Brown signed into law the Short-Lived Climate Pollutant
Reduction Act, setting organic waste and edible food reduction targets for California in another
statewide effort to reduce emissions of SLCP.
While AB 1826 does not require food waste collection in all residential sectors – but only
larger multi-family dwellings, SB 1383 requires food waste collection for all sectors,
including all residential customers. Other notable stipulations of SB 1383 include these
components:
• Requires procurement of organics-based products;
• Adds an edible food recovery program for large food-generating businesses;
• Sets a goal to decrease landfilled organics by 50% (from a baseline of 23 million tons
disposal to 11.5 million tons annually) by 2020; and
• Aims to both decrease landfilled organics by 75% (to 5.7 million tons annually) and increase
edible food recovery by 20% by 2025.
Requirements comprising Santa Monica’s proposed organics recycling ordinance are consistent
with other adopted policies that advance sustainability and the City’s commitment to
environmental stewardship, including prohibiting single-use plastic carry out bags; requiring the
use of marine-degradable disposable food service ware; mandating recycling of construction
and demolition materials; and providing recycling containers for each parcel containing a
building or structure. More importantly, the proposed ordinance also consistently aligns with
goals in the City Council adopted 2014 Zero Waste Plan, 2019 Zero Waste Plan Update,
Sustainable City Plan, and Climate Action and Adaptation Plan.
Discussion
SB 1383 mandates that by 2025 all jurisdictions in California reduce their contribution of
organics to landfills by 75% and edible food to landfills by 20%. The State hopes the
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dramatic diversion and beneficial reuse of organic wastes will reduce GHG emissions.
To achieve this, SB 1383 requires each jurisdiction to implement a mandatory organics
recycling law by January 1, 2022 and begin enforcement (i.e., issue a citation for failure
to comply) by January 1, 2024. The City can begin enforcement prior to this date if it so
chooses.
To aid the City with achieving SB 1383 regulatory compliance and to avoid non-compliance
penalties from the State, RRR would request additional staffing as part of the FY 2022-23
budget process to support various mandated requirements under the law, including collection,
route reviews, field audits, community outreach, public education, recordkeeping, reporting,
inspections, and enforcement activities. Staff intends to focus primarily on outreach, education,
and on the ground field support to residents and businesses, with enforcement being a last
resort for repeat and chronic violators.
To assist jurisdictions in implementing a mandatory organics recycling law, CalRecycle, the
department responsible for developing, implementing, and enforcing SB 1383, created a model
ordinance tool for each jurisdiction to customize. By using the model ordinance tool, City staff is
confident the proposed ordinance includes all legal requirements to comply with SB 1383.
Highlights of the Mandatory Organics Recycling Ordinance
The proposed mandatory organics recycling ordinance contains five major components:
1. Provide Organics Collection Services to All Residents and Businesses
The proposed ordinance contains general requirements for all property owners,
residents, and commercial businesses in Santa Monica. Generators of organics
(generators) shall:
a. Subscribe or have access to and maintain a three-container solid waste
collection system consisting of black (refuse), blue (non-organics recycling), and
green (organics recycling) containers;
b. Separate materials into the correct containers and shall not place prohibited
contaminants in any container;
c. Provide adequate onsite parcel space for a three-container solid materials
system, including additional space needed for access by persons and collection
vehicles, unless otherwise authorized by the City;
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d. Maintain a materials collection area, including refuse enclosures, that is clean
and free of litter, debris, and unsanitary conditions and is accessible to users and
City staff and vehicles; and
e. Ensure container lids always remain closed when not in use.
2. Establish Edible Food Recovery Program: Tiers 1 and 2
SB 1383 requires that certain food-related businesses recover edible food leftovers,
package them for reuse, and donate to a food recovery organization (FRO) to
provide to people in need. Qualifying businesses are categorized as Tier 1 or Tier 2.
Tier 1 commercial edible food generators (supermarkets with gross annual revenues
of $2 million or more, grocery stores of 10,000 square feet or larger, wholesale food
markets, and food service distributors) must comply with ordinance requirements
commencing January 1, 2022. Tier 2 commercial edible food generators (large
restaurants of 5,000 square feet or larger or have a minimum seating capacity of
250, and hotels with minimum 200 rooms and onsite food facility, health facilities
with minimum 100 beds and onsite food services, and large event venues) must
comply by January 1, 2024. Commercial edible food generators shall:
a. Arrange to recover the maximum amount of edible food that otherwise would be
disposed;
b. Contract with food recovery organizations or services for the collection of edible food for
recovery;
c. Allow the City's enforcement entity to access the premises and review records; and
d. Maintain specific records and make them available to the City for annual reporting
purposes.
Food recovery organizations or services that enter into agreements with generators
would be required to report annual edible food collection data to the City and
participate in capacity planning. The City would review and verify edible food
recovery legal agreements between generators and recovery organizations on an
annual basis.
3. Education and Outreach Requirements for Generators
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The ordinance would require generators to:
a. Annually provide information to employees, contractors, tenants, and customers
about organics recovery requirements and proper sorting of organics and
recyclable materials;
b. Provide educational information to new tenants that describes requirements
related to sorting and disposing of materials in the correct containers, the location
of containers, and the rules governing their use at each property; and
c. Allow City representatives access to perform inspections and confirm compliance
with the ordinance.
4. Conduct Monitoring, Inspections, and Enforcement
Commercial generators and property owners of multi-family dwellings of five units or
more shall periodically inspect blue, green, and black containers for contamination. If
containers are contaminated, generators must correct the issue and educate their
employees on the importance of proper waste sorting to prevent contamination.
The proposed ordinance would require the City to: 1) conduct annual compliance
review to verify commercial businesses are subscribed to the City’s three-container
collection service or a private organics service; 2) review collection routes to verify
service to all generators; and 3) perform visual inspections for contamination during
collection.
Generators may request an exemption from organics recycling for the following two
reasons:
a. De Minimis Waiver
i. The commercial business' total solid waste collection service is two cubic yards or
more per week and organics subject to collection in a green container comprises less
than 20 gallons per week per applicable container; or,
ii. The commercial business' total solid waste collection service is less than two cubic
yards per week and organics subject to collection in a green container comprises less
than 10 gallons per week per applicable container.
b. Physical Space Waiver
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If the City has evidence that the building lacks adequate space for the collection
containers required for compliance with the organics collection requirements of this
ordinance.
5. Conduct Recycling and Edible Food Recovery Capacity Planning
Los Angeles County is required to undertake capacity planning to ensure the region
has adequate capacity to process recovered edible food. Jurisdictions are required
to support the County’s effort in this regard, and the City would need to provide data
on edible food recovery capacity in its jurisdiction upon request. To support edible
food recovery capacity planning assessments or other studies, food recovery
services and organizations operating in the city would be required to provide
information and consultation to the City, upon request, regarding existing, proposed,
or expanded food recovery capacity that could be accessed by the City and its
generators.
SB 1383 City Procurement Requirements
The City’s proposed organics ordinance does not contain any language about
procurement requirements of products made from recovered organics for the City
because that is not a requirement upon residents and businesses. The City is
committed to complying with the procurement requirements of SB 1383, which includes
the purchase of compost, mulch, renewable energy, and paper made from recycled
organic materials. RRR staff have been working with and would continue to support
colleagues from Procurement, Public Landscape, and the Office of Sustainability and
the Environment to ensure the City’s compliance with SB 1383’s procurement
requirement of 0.08 tons per capita of procured organic product(s) annually. When
applied to Santa Monica’s estimated 2020 population of 90,024 the City needs to
procure approximately 7,200 tons of recycled organics products per year.
How a local jurisdiction decides to meet its procurement requirement is entirely up to the
municipality. A city may mix the amounts of each procurement category (compost, mulch,
renewable energy, paper) to best suit its organic product demand needs. For example, Santa
Monica uses a small amount of compost and mulch annually (126 and 327 tons, respectively),
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which does not come close to its annual procurement requirement of 4,164 and 7,169 tons,
respectively. On the other hand, the City already meets SB 1383’s recycled paper requirement,
which is based on the post-consumer paper content of 30 percent.
Santa Monica would best meet its procurement goal through the purchase of renewable energy.
The City has an existing program to utilize renewable energy, though not from organics. The
City’s annual procurement requirement could be fully met if it were to purchase 4.7 million
kilowatt hours (kWh) of electricity from biomass conversion. This amount of energy is 0.6% of
total City-wide energy demand, or 11% of the electricity usage for City-only buildings. Currently,
the region lacks enough producers of such energy, and SB 1383 prohibits the use of organics-
based renewable energy from outside the state. However, Office of Sustainability and the
Environment staff has already begun working with its energy vendors to secure renewable
organic-based energy when it becomes available. It is estimated that the City would incorporate
organics-based renewable energy procurements over the next three to five years as this
renewable energy resource becomes available in Southern California. Regional cost data from
the organics-based renewable energy industry is limited at this time, so the financial impact to
the City’s electricity costs is unknown and would need to be analyzed when such data becomes
available.
Community Engagement for the Proposed Mandatory Organics Recycling Requirements
To inform the community about SB 1383 and the proposed mandatory organics recycling
ordinance, RRR staff, with support from the Office of Communications and the Office of
Sustainability and the Environment, is developing and implementing a broad-reaching public
outreach and education campaign strategy with the following objectives:
• Explain the state’s new mandatory organics recycling mandate, what it means for the City
and Santa Monica residents and businesses, and how it is being incorporated into the City’s
municipal code;
• Increase public awareness and understanding of the City’s organic recycling goals of 2022
and beyond, and how the goals support the City’s overall zero waste objective of 95%
recycling of refuse, or 1.1 pounds per capita per day by 2030; and
• Promote the benefits of recycling organics.
The City’s outreach program began in December 2020 with the mailing of approximately 1,500
postcards to businesses and multi-family property owners without green organics containers,
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explaining the SB 1383’s organics recycling mandate and forthcoming City ordinance
requirements, and the timetable to request a green container. Since the mailing of the postcards
to present, approximately 160 properties (11%) have added green containers.
Follow-up letters would be mailed soon to the utility account holders of addresses that do not
yet have green organics containers. One letter would be tailored for businesses, which includes
the edible food recovery requirement for larger establishments that are identified as Tiers 1 and
2 food generators, and one tailored for multi-family residential owners, with more specific details
on compliance requirements and how to sign up for a green container.
In addition to postcards and letters to homeowners and business owners (utility account
holders) that are without green organics containers at their locations, RRR staff engaged in
extensive community engagement and education efforts in 2021 to maximize awareness of this
new law among the approximately 1,500 locations that are not yet in compliance. Outreach was
conducted virtually and in-person to more than 30 businesses, multifamily buildings, and
community groups, including neighborhood organizations, Santa Monica Chamber of
Commerce, and Santa Monica-Malibu Unified School District.
Tiers 1 and 2 Food-Related Businesses Outreach
RRR partnered with Climate Action Santa Monica to train volunteers of its Climate Corps to
assist the City in contacting Tiers 1 and 2 food-related businesses. Volunteers virtually met
with these businesses to inform them of the SB 1383 mandate and the edible food recovery
requirement. Businesses that fell in neither of the Tiers were informed of the need to ensure
they have a green bin for mandatory organics recycling. Approximately 54 businesses were
on the initial list, focused primarily on hotels and supermarkets. It is anticipated only a few
dozen businesses in the City, including hotels, supermarkets, and large restaurants (a
minimum of 250 seats or 5,000 sq. ft.), are subject to the edible food recovery requirement
under SB 1383.
Outreach to Major Multi-Family and Business Stakeholders
At the time of this report, RRR staff has met many community stakeholders from different
neighborhood and civic/business groups to discuss the mandatory organics recycling
ordinance. All groups acknowledged the importance of organics recycling in meeting the
City’s zero waste goal and to environmental health and climate change. Most agreed public
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education and on-the-ground technical assistance are critical and necessary in a successful
organics recycling program.
RRR staff reached out in March 2021 to Community Corp of Santa Monica and Living at
Santa Monica-Greystar multi-family/mixed use building corporations to bring these 110
buildings into compliance. They are in the process of phasing in compliance.
Community outreach efforts are ongoing. Future education efforts include virtual community
recycling workshops, information flyers and videos, blog posts, Seascape articles, print and
digital advertisements, social media, and more.
Educational Materials and the City’s RRR Webpage
RRR staff would make available many resources for the public to facilitate compliance with SB
1383 and improve recycling of non-organics, including, but not limited to:
▪ Updated recycling (non-organics and organics) flyers that visually describe what
recyclables belong in the blue and green containers and what should be disposed of
in black containers;
▪ Quick reference guide for residents and businesses on basic SB 1383 compliance;
▪ Detailed guidance for residents and businesses on SB 1383 requirements;
▪ Updated City webpage with links to state and county guidance resources on SB
1383; and
▪ Updated organics stickers, decals, and laminated flyers would be made available to
the public.
While not in the proposed organics ordinance, the City is required to annually educate all
generators, including commercial edible food generators, about organics recycling
requirements and would continue updating and distributing outreach materials as needed.
Task Force on the Environment
RRR staff presented a first ordinance draft to the Task Force on the Environment at its
March 15, 2021 meeting. The purpose of the meeting was to present the state’s case for the
need for SB 1383, the initial requirements of mandatory organics recycling, and RRR’s
strategy to implement the organics ordinance. RRR staff also sought ideas, suggestions, and
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early feedback from the Task Force for the development of such an ordinance. RRR staff
returned to the Task Force on July 19, 2021, to present the second draft, at which time the
Task Force unanimously approved a motion to recommend the City Council adopt the 2021
mandatory organics recycling ordinance in its current form.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of SB 1383 and
the proposed mandatory organics ordinance, but it is fully anticipated that an increase in
staffing, programmatic, and contractual costs in the RRR enterprise fund would occur in the
future in order for the City to achieve regulatory compliance.
As indicated earlier in this report, RRR would request additional staffing during the FY 2022-23
budget cycle to provide ongoing, year-round support for various requirements of the mandate.
Moreover, additional costs are anticipated in procuring and distributing organics containers to
solid waste customers who do not yet have green containers. Such costs have been budgeted
and are available in the FY 2021-22 Capital Improvement Program in the Resource Recovery
and Recycling Fund. Furthermore, processing and recycling organics into renewable products
costs more than double the cost of landfilling them, increasing RRR’s expenditure in contractual
spending on organics processing facilities. As a result, it is anticipated solid waste rates would
need to be adjusted to absorb the higher costs associated with meeting SB 1383’s regulatory
compliance requirements. RRR is currently conducting a rate study and anticipates returning to
Council in fall of 2022 to discuss possible rate increases.
Finally, there may be future cost impact to the General Fund associated with purchasing
renewable energy or other recycled organics products to meet the City’s per capita procurement
requirement under SB 1383. Such costs would be analyzed once industry data becomes
available.
Future year funding is contingent upon Council budget approval.
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Prepared By: Neal Shapiro, Senior Sustainability Analyst
Approved
Forwarded to Council
Attachments:
A. Mandatory Recycling Ordinance
B. Written Comments
C. PowerPoint Presentation
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City Council Meeting October 26, 2021 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO ADD SECTION 5.46 OF THE SANTA MONICA MUNICIPAL CODE TO
ORGANICS RECYCLING REQUIREMENTS
WHEREAS, Santa Monica has a long-standing commitment to the environment, which
includes a goal to achieve zero waste through landfill diversion and recycling by 2030; and
WHEREAS, California’s Short-Lived Climate Pollutant Reduction Act of 2016, Senate Bill
1383 (SB 1383), requires jurisdictions to adopt and enforce an ordinance to implement
regulations to divert organics disposal (green waste and food waste) from landfills for
sustainable applications; and
WHEREAS, by diverting organics from the landfills and using them for beneficial
purposes such as compost, mulch, and renewable energy, the state and its jurisdictions would
reduce its negative impact on climate change as a result of reduced methane contribution to the
atmosphere; and
WHEREAS, to reduce landfill methane gas production, the requirements of SB 1383 –
considered to be the most significant waste reduction mandate to be adopted in California in the
last 30 years – compel all generators of organic materials to support the realization of the
following statewide organic waste disposal reduction targets; and
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WHEREAS, all jurisdictions and their organics generators shall recycle organic materials
for beneficial and sustainable end-uses; and
WHEREAS, by approving an organics recycling ordinance, the City would implement the
requirements of and be in compliance with SB 1383, and would dramatically increase recycling
rates of food and green waste materials normally destined for the landfill; and
WHEREAS, an organics recycling ordinance would also help the City reach its 2030
zero waste goal of reducing the per capita landfill disposal rate to 1.1 pounds of landfilled waste
per person per day; and
WHEREAS, the City’s Resource Recovery and Recycling (RRR) Division has been
rolling out green containers to organic waste generators during 2021, and is already conducting
extensive outreach to prepare account holders for these new requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 5.46 is hereby added to read as follows:
CHAPTER 5.46 MANDATORY RECYCLING ORDINANCE
5.46.010 FINDINGS
The City Council finds and declares:
(a) The City of Santa Monica has a duty to protect and preserve the health of the
natural environment, the economy, and its citizens on a sustainable basis.
(b) The City of Santa Monica promotes and supports sustainable disposal, which
includes reduction, reuse, and recycling of, and land application and renewable energy
production from unwanted and discardable items. These items shall not be sent for land
disposal, but to sustainable disposal strategies.
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(c) 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.
(d) The California Integrated Waste Management Act of 1989 mandates that each
local jurisdiction in the state divert 50% of discarded materials from landfills by December 31,
2000. Every city and county in California could face fines for not meeting the 50% diversion
goal. In 2001, the California Integrated Waste Management Board adopted a Strategic Directive
statewide “zero waste” goal.
(e) Organic or compostable waste that is buried in the anaerobic conditions of
landfills creates methane gas along with the leaching of toxins. Landfill methane gas is at least
21 times as potent as carbon dioxide in potential impact to the planet's climate. Biomethane,
from composting, is less potent than landfill methane.
(f) There are facilities in Southern California that can effectively reuse, recycle,
compost or otherwise process and market much of the materials discarded in Santa Monica and
thereby divert such materials from landfills, while hopefully creating a market for new jobs.
(g) Many state and local governments have mandated recycling of various materials
and composting of yard trimmings and Food Scraps, or conversely banned them from landfills.
(h) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the
State of California on October 5, 2011) (as amended, supplemented, superseded, and replaced
from time to time) places requirements on businesses and Multi-Family property owners that
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generate a specified threshold amount of Solid Waste to arrange for recycling services and
requires jurisdictions to implement a Mandatory Commercial Recycling program.
(i) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the
Governor of the State of California on September 28, 2014)(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 jurisdictions to
implement a recycling program to divert Organic Waste from businesses subject to the law, and
requires jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(j) 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 jurisdictions, residential
households, Commercial Businesses and business owners, Commercial Edible Food
Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services
to support achievement of Statewide Organic Waste disposal reduction targets.
(k) The Short-lived Climate Pollutant Reduction Act of 2016 requires jurisdictions 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.
(l) The Short-lived Climate Pollutant Reduction Act of 2016 requires a 50%
reduction in organic waste disposal to landfills by 2022, 75% reduction in organic waste disposal
to landfills by 2025, and 20% recovery of Edible Food for human consumption by 2025.
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(m) The use of composted organics (plant debris, food and compostable paper)
reduces the need for chemical fertilizers and pesticides, which are energy intensive to
manufacture and transport. The use of compost also conserves water in landscapes and can
help mitigate the decline in soil quality in California and Santa Monica expected to result from
climate change.
(n) Facilities in the City and surrounding areas can effectively reuse, recycle, and
compost or otherwise process and market much of the materials discarded in Santa Monica and
thereby divert such materials from landfills while hopefully creating new jobs.
(o) Requirements in this ordinance are consistent with other adopted goals and
policies of the City including prohibition of single-use plastic carry out bags, SMMC Section
5.45; prohibition on the use of non-marine degradable disposable food service ware, SMMC
Section 5.44; recycling of construction and demolition (C&D) materials, SMMC Section 8.108;
providing recycling containers for each parcel containing a building or structure, SMMC Section
9.21.130; the City's Zero Waste Management Plan, Sustainable City Plan and Climate Action
and Adaptation Plan.
5.46.020 PURPOSE
The purpose of this Chapter is to implement state laws in order to reduce the amount of
recyclable, e.g. non-organic and organic, solid wastes deposited in landfills from the City's
commercial businesses, residents, haulers and self-haulers.
5.46.030 DEFINITIONS
(a) "Accessory Dwelling Unit" or "ADU" has the same meaning as SMMC Section
9.31.025(B).
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(b) "Black Container" has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of Black Container Waste.
(c) "Black Container Waste" means Solid Waste that is collected in a Black
Container that is part of a three-container Organic Waste collection service that prohibits the
placement of Organic Waste in the Black Container as specified in 14 CCR Sections 18984.1(a)
and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
(d) "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of Source Separated Recyclable
Materials or Source Separated Blue Container Organic (paper) Waste.
(e) "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).
(f) "California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references in this ordinance are preceded with a number that refers to the
relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
(g) "Commercial Business" or "Commercial" means a firm, partnership,
proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit,
strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14
CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five
(5) units is not a Commercial Business for purposes of implementing this ordinance.
(h) "Commercial Edible Food Generator" includes a Tier One or a Tier Two
Commercial Edible Food Generator as defined in subparagraphs (rrr) and (sss) of this Section
or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this
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definition, Food Recovery Organizations and Food Recovery Services are not Commercial
Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(i) "Compliance Review" means a review of records by the City to determine
compliance with this ordinance.
(j) "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).
(k) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which
stated, as of the effective date of this ordinance, that "Compost" means the product resulting
from the controlled biological decomposition of organic Solid Wastes that are Source Separated
from the municipal Solid Waste stream, or which are separated at a centralized facility.
(l) "Compostable Plastics" or "Compostable Plastic" means plastic materials that
meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR
Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(m) "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).
(n) "C&D" means construction and demolition debris.
(o) "Contractor" means an entity that the City contracts with or otherwise arranges to
carry out any of the City's responsibilities of this ordinance as authorized in 14 CCR Section
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18981.2. A Contractor may be a government entity, a hauler, a private entity, or a combination
of those entities.
(p) "Director" means the Director of Public Works or his or her designee.
(q) "Edible Food" means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise
defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and
not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or
authorizes the Recovery of Edible Food that does not meet the food safety requirements of the
California Retail Food Code.
(r) "Enforcement Action" means an action of the City to address non-compliance
with this ordinance including, but not limited to, issuing administrative citations, fines, penalties,
or using other remedies.
(s) "Enforcement Official" means the Director.
(t) "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 and its Generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or
ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in
Class III landfills or accepted at the facility by permit conditions, waste that in City's, or its
Contractor's reasonable opinion would present a significant risk to human health or the
environment, cause a nuisance or otherwise create or expose City, or its Contractor, 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
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for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in
compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded
Waste does not include used motor oil and filters, household batteries, universal wastes, and/or
latex paint when such materials are defined as allowable materials for collection through the
City's collection programs and the Generator or customer has properly placed the materials for
collection pursuant to instructions provided by City or its Contractor for collection services.
(u) "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).
(v) "Food Facility" has the same meaning as in Section 113789 of the Health and
Safety Code.
(w) "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).
(x) "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.
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A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to
14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food
Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25)
shall apply to this ordinance.
(y) "Food Recovery Service" means a person or entity that collects and transports
Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or
other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A
Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this
ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section
18982(a)(7).
(z) "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat,
poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, eggshells, and Food-
Soiled Paper.
(aa) "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).
(bb) "Food-Soiled Paper" is compostable paper or fiber material that has come in
contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins,
and pizza boxes.
(cc) "Food Waste" means Food Scraps and Food-Soiled Paper.
(dd) "Generator" means any person who produces solid waste, recyclables and
organic materials for disposal and recycling.
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(ee) "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of Source Separated Green
Container Organic Waste. Some older containers may be Brown, and labelled “Food Waste.”
(ff) "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).
(gg) "Hauler" means a person who collects material from a Generator and delivers it
to a reporting entity, or end user. "Hauler" includes public contract haulers, private contract
haulers, Food Waste self-haulers, and self-haulers. A person who transports material from a
reporting entity to another person is a transporter, not a hauler. The City is the exclusive hauler
for all residential and commercial materials. Some land uses have special designation and use
a licensed, permitted private hauler. These private haulers shall comply with this Chapter and
transport organic material to a facility which composts, mulches or produces renewable energy
from organics.
(hh) "Hauler Route" means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise defined in 14 CCR Section
18982(a)(31.5).
(ii) "High Diversion Organic Waste Processing Facility" means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or
exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between
January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated
pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste
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organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise
defined in 14 CCR Section 18982(a)(33).
(jj) "Inspection" means a site visit where the City reviews records, containers, and an
entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food
handling to determine if the entity is complying with requirements set forth in this ordinance, or
as otherwise defined in 14 CCR Section 18982(a)(35).
(kk) Junior Accessory Dwelling Unit or "JADU" has the same meaning as SMMC
Section 9.31.025(C).
(ll) "Large Event" means an event, including, but not limited to, a sporting event or a
flea market, that charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf
course, street system, or other open space when being used for an event. If the definition in 14
CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section
18982(a)(38) shall apply to this ordinance.
(mm) "Large Venue" means a permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the facility per day of operation
of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7,
Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned
or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center,
zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this ordinance and implementation of
14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more
than one Large Venue that is contiguous with other Large Venues in the site, is a single Large
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Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition
in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
(nn) "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).
(oo) "Mixed Waste Organic Collection Stream" or "Mixed Waste" means Organic
Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or
18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise
defined in 14 CCR Section 17402(a)(11.5).
(pp) "Multi-Family Residential Dwelling" or "Multi-Family," for purposes of this
Chapter, means of, from, or pertaining to residential premises with five (5) or more dwelling
units, including ADUs and JADUs. Multi-Family premises do not include hotels, motels, or other
transient occupancy facilities, which are considered Commercial Businesses. Also known as
Commercial for the purposes of this Chapter.
(qq) "Non-Compostable or Non-Degradable Paper or Plastic" includes but is not
limited to paper that is coated in a plastic or wax material and plastics that will not breakdown in
the commercial composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
Includes Bio-degradable paper or plastic.
(rr) "Non-Local Entity" means the following entities that are not subject to the City's
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City.
(2) Federal facilities, including military installations, located within the
boundaries of the City.
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(3) Facilities operated by the State park system located within the boundaries
of the City.
(4) Public universities (including community colleges) located within the
boundaries of the City, including Santa Monica Community College.
(5) State agencies located within the boundaries of the City, such as the
Department of Motor Vehicles.
(ss) "Non-Organic Recyclables" means non-putrescible and non-hazardous
recyclable wastes including but not limited to bottles, cans, metals, plastics, paper and glass, or
as otherwise defined in 14 CCR Section 18982(a)(43).
(tt) "Notice of Violation (NOV)" means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14
CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(uu) "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). Also Organic Material.
(vv) "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).
(ww) "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).
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(xx) "Person" includes any person, firm, association, organization, partnership,
business trust, company, or corporation.
(yy) "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'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's Green Container; (iii) discarded materials placed in the Black Container that are
acceptable Source Separated Recyclable Materials and/or Source Separated Green Container
Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and, (iv)
Excluded Waste placed in any container.
(zz) "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).
(aaa) "Recyclables" means any waste material which can be reused or reprocessed to
produce a useable material or which is designated by the Director of Public Works or Manager
of Resource, Recovery and Recycling Division as Recyclable material. May include wastes
defined as building rubbish, construction and demolition materials, garbage, industrial waste,
hazardous waste, or rubbish. Also known as Recyclable Materials SMMC 5.08.010 (m)
(bbb) "Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting Recyclable materials for the purpose of using the altered form in the manufacture
of a new product. Recycling does not include burning, incinerating, or thermally destroying solid
waste.
(ccc) "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 Black
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Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or
presence of Prohibited Container Contaminants.
(ddd) "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).
(eee) "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).
(fff) "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.
(ggg) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the
purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction
regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7,
Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(hhh) "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or
recyclable material he or she has generated to another person. Self-hauler also includes a
person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-
haul means generating and transporting Organic Waste to a destination owned and operated by
the Generator using the Generator's own employees and equipment, or as otherwise defined in
14 CCR Section 18982(a)(66)(A).
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(iii) "Single-Family," for purposes of this Chapter, means of, from, or pertaining to
any residential premises with fewer than five (5) dwelling units, including ADUs and JADUs. For
the purposes of this Chapter, the single-family owner shall conduct annual education for all
onsite residents.
(jjj) “SMMC” means the Santa Monica Municipal Code.
(kkk) "Solid Waste" has the same meaning as defined in State Public Resources Code
Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid,
semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial
wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is
not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other
discarded solid and semisolid wastes, destined to a landfill, with the exception that Solid Waste
does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section
40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and
Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State
Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste
landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the
State Public Resources Code.
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(lll) "Source Separated" means materials, including commingled recyclable materials,
that have been separated or kept separate from the Solid Waste stream, at the point of
generation, for the purpose of additional sorting or processing those materials for recycling or
reuse in order to return them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the
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 Black Container Waste or other Solid Waste for the purposes of collection and
processing.
(mmm) "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). Organic Waste means former living fiber and dry
materials, e.g. paper, cardboard. Excludes plant cuttings, trimmings.
(nnn) "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.
(ooo) "Source Separated Recyclable Materials" means Source Separated Non-Organic
Recyclables and Source Separated Blue Container Organic Waste. Includes glass, metal,
plastic containers.
(ppp) "State" means the State of California.
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(qqq) "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).
(rrr) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000
square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply
to this Chapter.
(sss) "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.
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(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply
to this Chapter.
(ttt) "Unit" means a dwelling unit as defined in SMMC Section 9.52.020.0730, an
ADU, and a Junior ADU.
(uuu) "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).
5.46.040 GENERAL PROVISIONS AND PROHIBITIONS FOR THE USE OF SOLID
WASTE, RECYCLABLE (NON-ORGANIC), AND ORGANIC CONTAINERS BY
GENERATORS
(a) Generators shall have and maintain a three-container Solid Waste collection
system consisting of Black Containers, Blue Containers, and Green Containers, and shall
comply with the general requirements specified in SMMC Section 9.21.130.
(b) Generators shall separate materials into their correct containers, shall not place
Prohibited Container Contaminants in any container.
(c) Generators shall provide adequate onsite parcel space for a three-container solid
materials system, unless otherwise allowed by the City. The container space or refuse
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enclosure shall be large enough to accommodate a minimum three containers, including
additional space for accessibility by persons and collection vehicles.
(d) Generators shall maintain and keep materials containers areas, including refuse
enclosures, clean, free of litter, debris, stored supplies, equipment and other materials, and
unsanitary conditions, and safely accessible to users and City staff and vehicles.
(e) Generators shall keep container lids closed at all times when not in use.
(f) Generators shall comply with the standards set forth in SMMC Section 9.21.130,
to the extent required by Section 9.21.130.A.
(g) Comply with CALGreen requirements and applicable law related to management
of C&D, including diversion of Organic Waste in C&D from disposal. Comply with City's C&D
ordinance, SMMC Chapter 8.108, Subpart B, and all written and published City policies and/or
administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting
of C&D.
5.46.050 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
Single-Family Organic Material Generators shall comply with the following requirements
except Single-Family Generators that meet the Self-Hauler requirements in Section 5.46.100 of
this Chapter:
(a) Shall subscribe to City's three-container collection services and comply with
requirements of those services as described below in subparagraph (b). City shall have the right
to review the number and size of a Generator's containers to evaluate adequacy of capacity
provided for each type of collection service for proper separation of materials and containment
of materials; and, Single-Family Generators shall adjust its service level for its collection
services as requested by the City. Generators may additionally manage their Organic Material
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by preventing or reducing their Organics, managing it onsite, and/or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Shall place designated materials in designated containers as described below,
and shall not place Prohibited Container Contaminants in collection containers.
(1) Generator shall place Source Separated Green Container Organic Waste,
including Food Scraps, in the Green Container; Source Separated Recyclable Materials in the
Blue Container; and Solid Waste in the Black Container. Generators shall not place materials
designated for the Black Container into the Green Container or Blue Container.
5.46.060 REQUIREMENTS FOR COMMERCIAL BUSINESSES AND MULTI-FAMILY
RESIDENTIAL DWELLINGS.
Generators that are Commercial Businesses and Multi-Family Residential Dwellings,
shall:
(a) Subscribe to City's three-container collection services and comply with
requirements of those services as described below in subparagraph (b), except Commercial
Businesses that meet the Self-Hauler requirements in Section 5.46.100 of this Chapter. The City
shall have the right to review the number and size of a Generator's containers and frequency of
collection to evaluate adequacy of capacity provided for each type of collection service for
proper separation of materials and containment of materials; and, Commercial Businesses shall
adjust their service level for their collection services as requested by the City.
(b) Except Commercial Businesses that meet the Self-Hauler requirements in
Section 5.46.100 of this Chapter, participate in the City's Organics collection service(s) by
placing designated materials in designated containers as described below.
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(1) Generator shall place Source Separated Green Container Organic
Material, including Food Waste, in the Green Container; Source Separated Recyclable Materials
in the Blue Container; and Solid Waste in the Black Container. Generator shall not place
materials designated for the Black Container into the Green Container or Blue Container.
(c) Excluding Multi-Family Residential Dwellings, supply and allow access to
adequate number, size and location of collection containers with sufficient labels or colors
(conforming with subparagraph (d)(1) and (d)(2), below) in all indoor and outdoor areas for
employees, contractors, tenants, and customers, consistent with City's Blue Container, Green
Container, and Black Container collection service or, if self-hauling, per the Commercial
Businesses' instructions to support its compliance with its self-haul program, in accordance with
Section 5.46.100.
(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
employees, contractors, tenants, and customers, for materials generated by that business. Such
containers do not need to be provided in restrooms. If a Commercial Business does not
generate any of the materials that would be collected in one type of container, then the business
does not have to provide that particular container in all areas where disposal containers are
provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the
business shall have either:
(1) A body or lid that conforms with the container colors provided through the
collection service provided by City, 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
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subsection prior to the end of the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
(2) Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials prohibited in that container,
or containers with imprinted text or graphic images that indicate the primary materials accepted
and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the
container labeling requirements are required on new containers commencing January 1, 2022.
(e) Multi-Family Residential Dwellings are not required to comply with container
placement requirements or labeling requirement in subparagraph (d) pursuant to 14 CCR
Section 18984.9(b).
(f) To the extent practical through education, training, inspection, and/or other
measures prohibit residents, occupants, tenants, contractors, and employees from placing
materials in a container not designated for those materials per the City's Blue Container, Green
Container, and Black Container collection service or, if self-hauling, in accordance with Section
5.46.100.
(g) Periodically, e.g. once per month, inspect Blue Containers, Green Containers,
and Black Containers for contamination and inform residents, occupants, tenants, contractors,
and 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 residents, occupants, tenants, contractors,
employees, and customers about Organic Waste Recovery requirements and about proper
sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable
Materials.
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(i) Provide educational information before or within fourteen (14) days of occupation
of the premises to new residents, occupants, tenants, contractors, and employees that
describes requirements to keep Source Separated Green Container Organic Waste and Source
Separated Recyclable Materials separate from Black Container Waste (when applicable) and
the location of containers and the rules governing their use at each property.
(j) Provide or arrange access for City or its agent to their properties during all
Inspections conducted in accordance with Section 5.46.120 of this Chapter to confirm
compliance with the requirements of this Chapter.
(k) Accommodate and cooperate with City's Remote Monitoring program for
Inspection, if available, of the contents of containers for Prohibited Container Contaminants,
which may be implemented at a later date, to evaluate Generator's compliance with
subparagraph (b) of this Section. The Remote Monitoring program shall involve installation of
Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Black
Containers.
(l) At Commercial Business's option and subject to any approval required from the
City, implement a Remote Monitoring program, if available, for Inspection of the contents of its
Blue Containers, Green Containers, and Black Containers for the purpose of monitoring the
contents of containers to determine appropriate levels of service and to identify Prohibited
Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue
Containers, Green Containers, and Black Containers subject to written notification to or
approval by the City or its Contractor.
(m) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements
in Section 5.46.100 of this Chapter.
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(n) Nothing in this Section prohibits a Generator from preventing or reducing waste
generation, managing Organic Waste onsite, or using a Community Composting site pursuant to
14 CCR Section 18984.9(c).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements, pursuant to SMMC Section
5.46.080.
5.46.070 WAIVERS FOR GENERATORS
(a) De Minimis Waivers. The City may waive a Commercial Business' obligation
(including Multi-Family Residential Dwellings) to comply with some or all of the Organics
recycling requirements of this Chapter if the Commercial Business provides documentation that
the business generates below a certain amount of Organic material as described in
subparagraph (a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application, determined by the City, specifying the services that
they are requesting a waiver from and provide documentation as noted in Section (a)(2) below.
(2) Provide documentation that either:
(A) The Commercial Business' total Solid Waste collection service is
two cubic yards or more per week and Organics subject to collection in a Green Container
comprises less than 20 gallons per week per applicable container; or,
(B) The Commercial Business' total Solid Waste collection service is
less than two cubic yards per week and Organic material subject to collection in a Green
Container comprises less than 10 gallons per week per applicable container.
(3) Notify City if circumstances change such that Commercial Business's
Organics exceed threshold required for waiver, in which case waiver will be rescinded.
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(4) Provide written verification of eligibility for de minimis waiver every 5
years, if City has approved de minimis waiver.
(b) Physical Space Waivers. City may waive a Commercial Business' or property
owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of
the Organics collection service requirements if the City has evidence from its own staff, a
hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate
space for the collection containers required for compliance with the Organics 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 Organics collection service for
which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Green
Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to City that it is still eligible for physical space
waiver every five years, if City has approved application for a physical space waiver.
(c) Modifications. Modifications from resource, recovery and recycling design
standards that are authorized in accordance with SMMC Section 9.21.130.D.
(d) Review and Approval of Waivers by City
Any waiver must be granted, in writing, by the Director.
5.46.080 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS
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(a) Tier One Commercial Edible Food Generators must comply with the
requirements of this Section 7 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: (i) the collection of Edible Food for Food
Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator
self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered
by a Food Recovery Organization or a Food Recovery Service.
(4) Allow City'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:
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(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) No later than July 15th of each year commencing no later than July 15,
2022 for Tier One Commercial Edible Food Generators and July 15, 2024 for Tier Two
Commercial Edible Food Generators, provide an annual Food Recovery report to the
Jurisdiction that includes the following information: weights of all Edible Food recovered, and put
into major categories of food items, and dates sent to recovery group.
(d) Nothing in this Chapter shall be construed to limit or conflict with the protections
provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good
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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).
5.46.090 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES
(a) Food Recovery Services collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established under 14
CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible
Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial
Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food
Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery
Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established under 14
CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(2):
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(1) The name, address, and contact information for each Commercial Edible
Food Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial
Edible Food Generator per month, broken into major categories and dates of donation.
(3) The name, address, and contact information for each Food Recovery
Service that the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their
primary address physically located in the City 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 it is located in the total pounds of Edible Food recovered in the previous
calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have
established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no
later than July 15.
(d) Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. 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 shall
provide information and consultation to the City, upon request, regarding existing, or proposed
new or expanded, Food Recovery capacity that could be accessed by the City and its
Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization
contacted by the City shall respond to such request for information within 60 days, unless a
shorter timeframe is otherwise specified by the City.
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5.46.100 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS
(a) Requirements for Haulers
(1) No Hauler shall operate in the City to provide residential, Commercial, or
industrial Organic Waste collection services to Generators without a contract, agreement, or
other written authorization from the City.
(2) Any Haulers providing residential, Commercial, or industrial Organic
Waste collection services to Generators within the City's boundaries shall meet the following
requirements and standards as a condition of approval of a contract, agreement, or other
authorization with the City to collect Organic Waste:
(A) Obtain a business license from the City.
(B) Through written notice to the City annually on or before July 15,
identifying the facilities to which they will transport Organic Waste including facilities for Source
Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed
Waste.
(C) 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.
(D) Obtain approval from the City to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community Composting site or lawfully
transporting C&D in a manner that complies with 14 CCR Section 18989.1 and City's C&D
ordinance (SMMC Chapter 8.108 – Subpart B).
(2) Any hauler authorized to collect Organic Waste shall comply with
education, equipment, signage, container labeling, container color, contamination monitoring,
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reporting, and other requirements contained within its franchise agreement, permit, license, or
other agreement entered into with City.
5.46.110 SELF-HAULER REQUIREMENTS
(a) No Self-Hauler shall operate in the City without a contract, agreement, or other
written authorization from the City.
(b) Self-Haulers shall source separate all recyclable materials and Organics
(materials that City otherwise requires Generators to separate for collection in the City's
organics and recycling collection program) generated onsite from Solid Waste in a manner
consistent with 14 CCR Section 18984.1, or shall haul Organics to a High Diversion Organic
Waste Processing Facility.
(c) 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 Organics to a High Diversion
Organic Waste Processing Facility.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste
facility, operation, activity, or property that processes or recovers Organic Waste; this record
shall be subject to Inspection by the Jurisdiction. The records shall include the following
information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
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(2) The amount of material in cubic yards or tons transported by the
Generator to each entity.
(3) If the material is transported to an entity that does not have scales on-
site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it
to determine the weight of materials received, the Self-Hauler is not required to record the
weight of material but shall keep a record of the entities that received the Organic Waste.
(e) Self-Haulers that are Commercial Businesses (including Multi-Family Self-
Haulers) shall provide information collected in SMMC Section 5.46.100(d) to City if requested.
(f) A residential Organic Waste Generator that self-hauls Organic Waste is not
required to record or report information in SMMC Section 5.46.100(d) and (e).
5.46.120 INSPECTIONS AND INVESTIGATIONS BY THE CITY
(a) City representatives and/or its designated entity, including Contractors, are
authorized to conduct Inspections and Investigations, at random or otherwise, of any city-
provided collection container, collection vehicle loads, or transfer, processing, or disposal facility
for materials collected from Generators, or Source Separated materials to confirm compliance
with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-
Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers,
Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable
laws. This Section does not allow City to enter the interior of a private residential property for
Inspection. For the purposes of inspecting Commercial Business containers for compliance with
this Chapter, City may conduct container inspections for Prohibited Container Contaminants
using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with
City's use of Remote Monitoring.
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(b) Any person regulated under this Chapter shall provide or arrange for access
during all Inspections (with the exception of residential property interiors) and shall cooperate
with the City's employee or its designated entity/Contractor during such Inspections and
Investigations. Such Inspections and Investigations may include confirmation of proper
placement of materials in containers, Edible Food Recovery activities, records, or any other
requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to
an entity's premises; (ii) installation and operation of Remote Monitoring equipment; or (iii)
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 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 representatives, its designated entity, and/or Contractor are authorized to
conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to
further the goals of this ordinance, subject to applicable laws.
(e) City shall receive written complaints from persons regarding an entity that may
be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints.
(f) Upon finding prohibited container contaminants in a container, the City shall
notify the Generator of the violation.
(1) The notice shall, at a minimum, include information regarding the
Generator's requirement to properly separate materials into the appropriate containers and may
include photographic evidence of the violation and require corrective action.
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(2) The notice may be left on the Generator's container, gate, or door at the
time the violation occurs, and/or be mailed, e-mailed, or electronically messaged to the
Generator.
(3) If the City observes prohibited container contaminants in a Generator's
collection container(s), it may dispose of the container's contents.
(4) The City may impose administrative civil penalties on Generators in
violation of the prohibited container contaminants requirement in Subdivision (f), above.
5.46.130 ENFORCEMENT OF THIS CHAPTER
(a) Notice of Violation. Violation of any provision of this Chapter shall constitute
grounds for issuance of a Notice of Violation and assessment of a penalty by the Enforcement
Official, in the amounts set forth in subparagraph (b).
(b) Penalties. The penalty levels for any violation of this Chapter are as follows:
(1) For a first violation, the amount of the base penalty shall be $100 per
violation.
(2) For a second violation, the amount of the base penalty shall be $200 per
violation.
(3) For a third or subsequent violation, the amount of the base penalty shall
be $500 per violation.
(c) Appeals Process
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Persons receiving an administrative citation containing a penalty for an uncorrected violation may
request a hearing to appeal the citation in accordance with the procedures set forth in SMMC
Sections 1.09.060 et seq.
(d) Nonexclusive Remedies and Penalties. Other remedies allowed by law may be
used in addition to penalties, including civil action or prosecution for violation of any provision of
this Chapter as misdemeanor or infraction. The City may also pursue civil actions in the
California courts to seek recovery of unpaid administrative citations.
5.46.140 ADOPTION OF RULES AND REGULATIONS
The Director shall adopt rules and regulations consistent with this Chapter to effectuate
its purpose and intent.
5.46.150 EFFECTIVE DATE
This Chapter shall be effective commencing on January 1, 2022.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 3. 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 shall 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 4. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official newspaper
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within 15 days after its adoption. This Ordinance shall become effective 30 days from its
adoption.
APPROVED AS TO FORM:
_________________________ JOSEPH LAWRENCE Interim City Attorney
7.B.a
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1
Vernice Hankins
From:Taylor Scott <gtscottsm8@hotmail.com>
Sent:Monday, October 25, 2021 5:23 PM
To:councilmtgitems
Subject:Agenda Item 7b Mandatory Recycling Ordinance, SMMC 5.46
EXTERNAL
Honorable Council Members,
I urge you to remove the authorization for, and mandatory compliance with, city inspections for all city provided trash
containers while on private property, residential and commercial, as well as mandatory accommodation and
cooperation with city remote monitoring, regardless of such monitoring being limited to commercial properties.
Recycling of organic waste is an important and worthy effort to vigorously pursue but not at the expense of unnecessary
and heavy handed intrusion into the privacy of our residents and visitors. Furthermore, accommodating city inspections,
random or otherwise, of residential and/or commercial properties, upon threat of civil fines, is a significant burden for
property owners to bear.
Lastly, I believe the goals of the ordinance can be accomplished through inspections conducted when containers are
accessible to the city, i.e., during regularly schedule service as well as through voluntary inspections and voluntary
participation in remote monitoring. This path should be pursued and exhausted before considering serious intrusions to
privacy and burdensome compliance measures.
I thank you for your time and your service to the city and community,
Taylor Scott, resident and property owner (commercial and residential)
Sent from Mail for Windows
Item 7.B 10/26/21
1 of 3 Item 7.B 10/26/21
7.B.b
Packet Pg. 615 Attachment: Written Comments (4633 : Mandatory Organics Recycling Ordinance (30 mins))
Memo
To: City of Santa Monica City Council
From: Dean Kubani, Chair, Commission on Sustainability, Environmental
Justice and the Environment
Signature:
Date: July 20, 2021
Re: City of Santa Monica Commission on Sustainability, Environmental
Justice and the Environment Motion Regarding Mandatory Organics
Recycling Ordinance
At the July 19, 2021 regular meeting, the Commission on Sustainability,
Environmental Justice, and the Environment discussed and took action on the
following agenda item:
Mandatory Organics Recycling Ordinance
Neal Shapiro (Senior Sustainability Analyst) provided an update on the
Mandatory Organics Recycling ordinance to divert organic materials from the
landfill and comply with SB 1383.
The item is schedule for Council in October. The ordinance would go into effect
on January 1, 2022.
After discussion, the Commission on Sustainability, Environmental Justice, and
the Environment adopted the following motion:
Motion by Commission Chair Kubani, seconded by Task Force member
Pettit.
Motion: The City of Santa Monica’s Commission on Sustainability, Environmental
Justice, and the Environment recommends City Council adopt the Mandatory
Organics Recycling Ordinance.
The motion was approved by the following roll call vote:
Ayes: Chair Kubani
Member Baghdasarian
Member Neandross
Member Mearns
Member Sokol
Item 7.B 10/26/21
2 of 3 Item 7.B 10/26/21
7.B.b
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Member Lempert
Member Pettit
Noes: None
Abstain: None
Absent: None
Item 7.B 10/26/21
3 of 3 Item 7.B 10/26/21
7.B.b
Packet Pg. 617 Attachment: Written Comments (4633 : Mandatory Organics Recycling Ordinance (30 mins))
An Overview for the City Council –
Staff Report
October 26, 2021
SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016
Mandatory Organics Recycling Ordinance
7.B.c
Packet Pg. 618 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383INACTIONDISCUSSIONOVERVIEW
Introduce the State’s new mandate to
recycle organic waste: SB 1383
How the City is modifying its municipal
code and operations to comply with SB
1383
How businesses and residents will need
to take actions
Q & A
This Evening’s Agenda
7.B.c
Packet Pg. 619 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383INACTIONORGANICS Previously living organisms, including:
Food leftovers
Food-soiled paper products (uncoated)
Landscape (green) materials
Wood
Paper
What are Organics?
7.B.c
Packet Pg. 620 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
City
Provide three containers to all properties
Procure products from recycled organics
Perform capacity planning
Residents and Businesses
Use a three-bin system: black, blue, green
No organics in trash (black) and recycling (blue) containers
All organics recovered for recycling in organics container (green)
Large Food-Generating Businesses
Edible food recovery
Provide organics collection service to all residents and businesses
SB 1383 IN ACTIONMANDATE:SEPARATION OFMATERIALS
What SB 1383 Requires Cities, Businesses, and Residents to do
7.B.c
Packet Pg. 621 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383INACTIONCOMMUNITYRESPONSIBILITY
Most profound environmental law in 30
years
Climate change
Food insecurity
Santa Monica’s Zero Waste goal by
2030:
95% diversion rate from landfill, or
1.1 pounds per person per day of refuse
Why Should We Care?7.B.c
Packet Pg. 622 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
THE CHALLENGE:
Why the State Mandated SB 1383, following AB 1826
(original organics recycling law)
An Overview for the City Council
October 26, 2021
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Packet Pg. 623 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Why We Need SB 1383 -Organic Waste Is the Largest (67%) Waste Stream in California
CALIFORNIANSDISPOSEDOF27
MILLION TONS OF
ORGANIC WASTE IN2019
California’s Waste Stream
Non-Organic Waste 33%
Paper 18%
Other Organics 19%
Food 18%
Lumber 12%
IN CALIFORNIA, MILLIONS ARE
FOOD INSECURE
1 IN 8 CALIFORNIANS
1 IN 5 CHILDREN
CALIFORNIA THROWS AWAY
MORE THAN 6 MILLION TONS
OF FOOD WASTE EVERY YEAR!(22% TOTAL)
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Packet Pg. 624 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Landfilled Organics Produce Negatively-Impacting Gases on Climate and Waste a Renewable Resource
•Landfilled organic waste emits methane gas –72-84 times more potent than CO2!
•Methane gas contributes to greenhouse gas emissions, air pollution, and climate change.
LANDFILL FACTS:
3rd: Largest producer
of methane (oil/gas; dairy)
21%: Percentage of
California’s total methane emissions
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Packet Pg. 625 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
THE SOLUTION -Divert Organics from Landfills for Sustainable Uses
An Overview for the City Council
October 26, 2021
7.B.c
Packet Pg. 626 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Remove organics (and therefore methane) from landfills using sustainable practices as effective long-term solutions:
o Renewable energy, compost,and mulch production
o Edible food recovery (prevent food
waste in the first place)
SB 1383
IN ACTIONSTATEGOALS
Goal for State -SB 1383
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Packet Pg. 627 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
State Goal by 2022
Decrease landfilled organic waste by 50%
(11.5 million tons)
State Goals by 2025
Decrease landfilled organic waste by 75%
(5.7 million tons)
Increase edible food recovery by 20%
SB 1383
IN ACTIONSTATEGOALS
Goals for State -SB 1383
(based on 2014 baseline of 22 million tons of organics sent to landfills each year statewide)
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Packet Pg. 628 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383
IN ACTIONRECYCLE& REUSE
What Happens to Recycled Organics?
Converted Into:
Compost for soil amendment in
gardening, agriculture
Renewable natural gas for vehicles
Renewable electricity for buildings
Recover edible food for people in need
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Packet Pg. 629 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Conduct Recycling and Edible Food Recovery Capacity Planning
Procure Products Made From Recovered Organics
Conduct Education and Outreach to Community
Establish Edible Food Recovery Program: Tiers 1 and 2; Food recovery groups
Provide Organics Collection Services to All Residents and Businesses
NEW City Responsibilities
Conduct Monitoring,Inspections and Enforcement
Red:City
Green:City + Customers
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Packet Pg. 630 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
NEW City Ordinance: What This Means for Santa Monicans
Effective January 1, 2022, all single-family, multi-family, and commercial customers must place their organics (food waste + green waste) in City-provided green containers.
No organics in black (trash) and blue(recycling) containers.
Tiers 1 and 2 larger businesses must recover edible food (explained in a later slide).
SB 1383
IN ACTIONINDIVIDUALACTION
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Packet Pg. 631 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383
IN ACTIONCONTAINERSIZES
Sorting Your Materials
Before: Refuse and
Recycling only
After: Refuse, Recycling,
and Organics
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Packet Pg. 632 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
New City Ordinance:
Who Does It Impact?
Single family accounts already have 3 containers
Some multi-family (MF)and commercial (CO)accounts have 3 containers
2020: About 1,500 MF and CO accounts still had 2 containers (10% of all refuse accounts)
2021: Zero Waste team has gotten 11% of 1,500 to sign up for green containers during COVID-19
2022 goal: Sign up remaining 1,300 MF and CO accounts for green containers
SB 1383
IN ACTIONINDIVIDUALACTION
7.B.c
Packet Pg. 633 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
General practices for recycling:
Access to and proper use of 3-container system;
Require recycling of mixed organics;
Prevent contamination: right material in right container;
Keep refuse/recycling materials area clean (NOT a storage area); and
Keep container lids closed when not in use to keep out vectors.
SB 1383
IN ACTIONGENERALPRACTICES
City’s Ordinance 7.B.c
Packet Pg. 634 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Haulers -Collect organics from generators and transport to appropriate recycling facility from customers
NOTE: If your hauler is the City, does not apply to you
Self-Haulers –Collect organics that a hauler (e.g. landscape vendor) produces onsite and transport to appropriate recycling facility
SB 1383
IN ACTIONHAULERS
City’s Ordinance
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Packet Pg. 635 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Businesses and multi-family properties will be required to:
Use a three-container collection system:Trash, Recycling (non-organics), Mixed Organics;
Provide adequate capacity and space for each container (trash enclosure NOT a storage area);
Put right material in the right container and prevent contamination;
Keep refuse/recycling area clean; container lids closed when not in use;
Educate tenants, employees, and residents annually;
Outreach to new tenants, employees, and residents; and
Inspect containers periodically.
SB 1383
IN ACTIONCOMMERCIAL(INCLUDES MULTI-FAMILY, 5+UNITS)
What the City’s Ordinance Means for Businesses and Multi-Families
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Packet Pg. 636 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
o Only <40 Businesses Subject to Requirement
o Tier 1 Edible Food Generators: 2022
Supermarkets –annual gross sales $2 million (10)
Grocery stores –10,000 sq. ft.+(3)
o Tier 2 Edible Food Generators:2024
Restaurants –250 seats+ or 5,000 sq. ft.+ (6)
Hotels –200 rooms+ and onsite food facility (15)
Health facilities –100 beds+ and onsite food facility (2)
Large venues/events (TBD)
SB 1383
IN ACTIONEDIBLEFOODGENERATORS
What the City’s Ordinance Means for Large Food-related Businesses
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Packet Pg. 637 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
•Tier 1 Compliance by January 1, 2022;
•Tier 2 Compliance by January 1, 2024;
•Legal agreement between food generator and food receiver to engage in food donating and receiving partnership;
•Record-keeping –pounds of donated food;
•20% reduction based on 2018 state-wide waste characterization study, including estimated amount of edible food; and
•City must implement edible food recovery program and track data.
SB 1383
IN ACTIONEDIBLEFOODGENERATORS
What the City’s Ordinance Means for Large Food-related Businesses
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Packet Pg. 638 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Focus on public education and community outreach
Require monitoring and random city inspections (drivers and zero waste staff) of all residential and commercial City-provided green, blue, and black containers
Access to commercial business properties
Respond to public complaints and staff-generated violations:
Document violations
Notify generator of contaminated container and required corrective action; educate and support customer to correct; re-inspections
Last resort: Administrative citations for non-compliance from $100-$500
SB 1383
IN ACTIONMONITORINGINSPECTIONSEDUCATIONENFORCEMENT
City’s Compliance Oversight
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Packet Pg. 639 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383
IN ACTIONMONITORING & EDUCATION
City’s Compliance Process
Site Inspection
Violation
Documented
1st Warning Letter
(30-day compliance)
Onsite Education to
Correct Violation
Site Re-inspection
2nd Warning Letter
(30-day compliance)
More Education &
Outreach
Site Re-inspection
Last Resort: $100-
$500 Citation (after
one-week final
deadline)
Conducted by RRR Zero Waste Team; supported by Code Enforcement
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Packet Pg. 640 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
1.Minimum Organics Quantity
If location has total solid waste service less than two cubic yards and produces less than 10 gallons of organics weekly; or
If location has total solid waste service of two cubic yards or more and produces less than 20 gallons organics weekly.
2.Physical Space Restriction
No room for organics container.
SB 1383
IN ACTIONWAIVERS
Two Exemptions from SB 1383
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Packet Pg. 641 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Santa Monica Chamber of Commerce
Santa Monica Travel & Tourism
City’s Economic Recovery Task Force
City's Task Force on the Environment
Business Districts (e.g.DTSM, Main St.)
Neighborhood Organizations
Santa Monica-Malibu School District
SB 1383
IN ACTIONCOMMUNITYOUTREACH
Outreach to Major Stakeholders
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Packet Pg. 642 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Santa Monica Pier -Maria Sol, Bubba Gump, The Albright
Santa Monica Place -True Food Kitchen, Cheesecake Factory
Fairmont Miramar Hotel & Bungalows
Loew’s Hotel
Shangri La Hotel
Ralph’s Supermarket
SB 1383
IN ACTIONCOMMUNITYOUTREACH
Community Outreach (Con't)
Community Corp (95 multi-
family buildings)
Living in Santa Monica (15
multi-family buildings)
American Youth Hostel
Rotary Club
Sustainable Works
webinar to businesses
Much more outreach to
come in 2022
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Packet Pg. 643 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Close the Loop
•City is required to procure compost, mulch, or renewable natural gas and electricity under SB 1383
•Required quantity: 0.08 tons xpopulation= 7,200 tons/year
•Cannot sell or give to third party to sell; donation OK
•Recycled paper procurement
Procure Recycled and Recovered Organic Products
SB 1383
IN ACTIONPROCUREMENTREQUIREMENTS
Procuring Recycled Organics
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Packet Pg. 644 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Capacity Planning Requirements –
Edible Food Recovery Program
SB 1383
IN ACTIONCAPACITYPLANNING
o The County will perform capacity analyses to ensure adequate infrastructure to process edible food over time
o County will ask cities to provide data on edible food capacity
o Food recovery and services organizations must collect edible food donation data and report data to the City, who in turn reports data to the County
o If County finds inadequate capacity in the City, it will notify the City, which then must plan to expand existing or add new capacity
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Packet Pg. 645 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
All residents and businesses must recycle food scraps and landscape materials in their green container –it's the law (SB 1383 & SMMC 5.46);
Remaining 1,300 solid waste accounts will receive green containers in 2022 (exemptions available);
<40 large businesses (e.g. grocery stores, hotels) in the City must recover edible food and donate to charities;
City must procure recycled organics products and perform capacity planning; and
Ongoing public education, outreach, and inspections.
SB 1383
AND THE CITY'SNEWORGANICSORDINANCE
IN ACTIONSUMMARY
In Summary 7.B.c
Packet Pg. 646 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
QUESTIONS?Request an Organics Green Container
(solid waste account holders only):
recycling@santamonica.gov
Questions (SB 1383, the City's new recycling
ordinance, general recycling questions):
Neal Shapiro,Senior Sustainability Analyst
Neal.Shapiro@santamonica.gov
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Packet Pg. 647 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
S.B. 1383 Mandatory Recycling
Sorting Your Materials
SB 1383
IN ACTIONHOWTOCOMPLY
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Packet Pg. 648 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383
IN ACTIONHOWTOCOMPLY
S.B. 1383 Mandatory Recycling
Sorting Your Materials
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Packet Pg. 649 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383
IN ACTIONHOWTOCOMPLY
Critical points for Organics –green cart:
No plastic of ANY KIND in container. Not even biodegradable,
compostable. Use paper bags or no bags;
All food scraps can go in;
Food-soiled paper acceptable;
NO coated paper –no wax/plastic films on paper;
You can use shredded cardboard at base of cart each week after
emptied by city, to be base for food scraps;
All landscape materials –best to mix with food scraps to absorb
moisture;
No landscape materials in trash; put in green cart; and
DOES your landscape vendor dump onsite the materials OR haul
off? If latter, can now go in green cart. If continue to haul off, the
vendor must take to a recycling facility, NOT landfill. Please check on
this and report back to me.
S.B. 1383 Mandatory Recycling
Sorting Your Materials –
Critical Tips
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Packet Pg. 650 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383
IN ACTIONHOWTOCOMPLY
Critical points for Recyclables –blue cart:
No plastic bags, no plastic packing/shipping/mailing materials; no
foam peanuts; no plastic air packing stuff;
Only plastic, metal and glass containers; for plastic, numbers 1,2 and
5; rest of numbers in trash, for now;
No non-container glass or ceramic products;
No multi-layer containers –paper/plastic/wax –the juice and milk
ones;
Containers rinsed and dry; empty;
No wet paper –huge no-no;
All paper acceptable;
Cardboard boxes must be flattened; and
Any other items, put in trash –When in doubt, put in trash.
S.B. 1383 Mandatory Recycling
Sorting Your Materials –
Critical Tips
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Packet Pg. 651 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383
IN ACTIONCONTAINERSIZES
Sorting Your Materials 7.B.c
Packet Pg. 652 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
SB 1383
IN ACTIONCONTAINERSIZES
Sorting Your Materials
Before: Refuse and
Recycling only
After: Refuse, Recycling,
and Organics
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Packet Pg. 653 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance
Mandatory Organics Recycling
Is Here NowSB 1383
IN ACTIONINTRODUCTORYVIDEO
The Compost Story (Trailer) by Kiss The
Ground -YouTube
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Packet Pg. 654 Attachment: PowerPoint Presentation (4633 : Mandatory Organics Recycling Ordinance