HomeMy WebLinkAbout2021-16 - SB 1383 Mandatory Organic Waste Disposal ReductionORDINANCE NO. 2021-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING CHAPTER IV (GARBAGE, RUBBISH AND WEEDS) OF
TITLE 8 (HEALTH AND SANITATION) OF THE COSTA MESA MUNICIPAL CODE TO
IMPLEMENT THE REQUIREMENTS OF SENATE BILL 1383 (MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION)
WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact
regulations for the public peace, morals, and welfare of the City; and
WHEREAS, the City of Costa Mesa desires to amend the provisions of the Costa
Mesa Municipal Code to impose regulations related to health, safety and welfare; and
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California
Integrated Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced from time to time),
requires cities and counties to reduce, reuse, and recycle (including composting) Solid
Waste generated in their jurisdictions to the maximum extent feasible before any
incineration or landfill disposal of waste, to conserve water, energy, and other natural
resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the
Governor of the State of California on October 5, 2011, which amended Sections 41730,
41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections
40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to
Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public
Resources Code, as amended, supplemented, superseded and replaced from time to
time), places requirements on businesses and Multi -Family property owners that generate
a specified threshold amount of Solid Waste to arrange for recycling services and requires
jurisdictions to implement a Mandatory Commercial Recycling program; and
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved
by the Governor of the State of California on September 28, 2014, which added Chapter
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources
Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced
from time to time), requires businesses and Multi -Family property owners that generate a
specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to
arrange for recycling services for that waste, requires 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; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. The regulations place requirements on multiple entities including jurisdictions,
Ordinance No. 2021-16 Page 1 of 38
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; and
WHEREAS, SB 1383, 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; and
WHEREAS, the requirements in this ordinance are consistent with other adopted
goals and policies of the city; and
WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000
et seq.) and State CEQA guidelines (Sections 15000 et seq.) has determined that the
ordinance is not a "project" and further, that it is exempt from the provisions of CEQA
pursuant to CEAQ Guidelines Section 15061(b)(3) (because it can be seen with certainty
that the adoption of this Ordinance will not have an effect on the environment) such that
no environmental review under CEQA is required. In addition, the Ordinance is exempt
pursuant to CEQA Guidelines Section 15308 (Class 8, Actions by Regulatory Agencies
for the Protection of the Environment) because the adoption of this Ordinance is required
to comply with state law in order to protect the environment; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE COSTA MESA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter IV (Garbage, Rubbish and Weeds) of Title 8 (Health and
Sanitation) of the Costa Mesa Municipal Code is hereby amended in its entirety as follows:
CHAPTER IV. GARBAGE, RUBBISH AND WEEDS
8-76. Definitions.
The following terms as used in this chapter shall, unless the context already indicates
otherwise, have the respective meanings herein set forth herein. Terms not defined
herein related to solid waste, recycling and/or recovery shall have the meaning ascribed
to them in Chapter 2 of Part 1 of Division 30 of the Public Resources Code and Division
7 of Title 14 of the California Code of Regulations, as amended. Terms not otherwise
defined herein or in the aforementioned state codes and regulations shall have the
meanings set forth elsewhere in this code.
Ordinance No. 2021-16 Page 2 of 38
CalRecycle: Means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SIB 1383 Regulations on jurisdictions (and others).
Collection: The operation of gathering together and transporting solid waste to the point
of disposal.
Commercial Edible Food Generators: Means a tier one or two Commercial Edible food
Generator that generates food for commercial consumption including but not limited to
restaurants, grocery stores, hotels or as otherwise defined in 14 CCR Section
18982(a)(7), 14 CCR Section 18982(a)(73) and 14 CCR Section 18982(a)(74).
Commercial Waste: Includes all types of solid waste generated by a store, office, or other
commercial or public entity source, including a business or a multifamily dwelling of five
(5) units or more.
Compliance Review. Means a review of records by the city to determine compliance with
this ordinance.
Contractor self -haul. The act of hauling solid waste, subject to this article, by construction
and demolition contractors as an ancillary function to their primary business activity.
County. County of Orange.
C&D: Means construction and demolition debris.
Designee: Includes 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
18981.2. A Designee may be a government entity, a hauler, a private entity, or a
combination of those entities.
Director. The director of the public services department of the city or his or her designee.
Disposal. The procedures associated with the treating and disposing of the
accumulations of refuse and of the product or residue arising from such treatment.
Enforcement action: Means an action of the city to address non-compliance with this
chapter including, but not limited to, issuing administrative citations, fines, penalties, or
other remedies allowed by law.
Enforcement official: Means the director, City Manager, and/or their designees, and/or a
non -local entity official, who is/are responsible in whole or in part for enforcing this
chapter.
Ordinance No. 2021-16 Page 3 of 38
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 the city's, or its Designee's opinion would present a significant risk to human
health or the environment, cause a nuisance or otherwise create or expose the city, or its
Designee, to potential liability; but not including de minimis volumes or concentrations of
waste of a type and amount normally found in Single -Family or Multi -Family Solid Waste
after implementation of programs for the safe collection, processing, recycling, treatment,
and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the
California Public Resources Code. 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 Costa Mesa Sanitary District's
(CMSD) residential collection programs and the generator or customer has properly
placed the materials for collection pursuant to instructions provided by CMSD or its
Designee for collection services.
Food Distributor. Means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section
18982(a)(22).
Food Facility. Has the same meaning as in Section 113789 of the Health and Safety
Code.
Food Recovery. Means actions to collect and distribute food for human consumption that
otherwise would be disposed, or as otherwise defined in 14 CCR Section
1 8982(a) (24) Food Recovery Organization: Means an entity that engages in the collection
or receipt of Edible Food from Commercial Edible Food Generators and distributes that
Edible Food to the public for Food Recovery either directly or through other entities or as
otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
a. A food bank as defined in Section 113783 of the Health and Safety Code;
b. A nonprofit charitable organization as defined in Section 113841 of the
Health and Safety Code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant
to 14 CCR Section 18982(a)(7).
Ordinance No. 2021-16 Page 4 of 38
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs
from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this
chapter.
Food Recovery Service: Means a person or entity that collects and transports Edible
Food from a Commercial Edible Food Generator to a Food Recovery Organization or
other entities for Food Recovery, or as otherwise defined in 14 CCR Section
18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for
the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
Food Scraps: Means all food such as, but not limited to, fruits, vegetables, meat, poultry,
seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps
excludes fats, oils, and grease when such materials are Source Separated from other
Food Scraps.
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).
Food -Soiled Paper. Means compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups,
napkins, pizza boxes, and milk cartons.
Food Waste: Means Food Scraps and Food -Soiled Paper
For -hire hauling: A business that receives compensation for the hauling of solid waste
subject to this chapter.
Franchise Agreement or Agreement: A formal agreement with the city specifying various
requirements for recurring trash and recycling services.
Franchisee: A waste hauler that provides recurring trash and recycling services pursuant
to a formal franchise agreement.
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).
Hazardous waste: Shall mean, in addition to the definitions in Division 7 of Title 14 of the
California Code of Regulations, (1) all waste defined or characterized as hazardous waste
by the Federal Solid Waste Disposal Act (42 U.S.C. Section 3251 et seq.), as amended,
including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901
et seq.), and all future amendments thereto, or regulations promulgated thereunder; and
(2) all waste defined in California Public Resources Code Section 40141 or characterized
as hazardous waste by the principal agencies of the State of California (including, without
Ordinance No. 2021-16 Page 5 of 38
limitation, the Department of Health Services and the California Waste Management
Board) having jurisdiction over hazardous waste generated by facilities within such state;
provided that the term "hazardous waste":
a. Is intended to mean and include those substances which are not normally
expected to be disposed of by generally accepted sanitary landfill disposal
methods;
b. Shall include radioactive wastes; and
C. Shall be construed to have the broader, more encompassing definition
where there exists a conflict in the definitions employed by two (2) or more
governmental agencies having concurrent or overlapping jurisdiction over
hazardous waste.
High Diversion Organic Waste Processing Facility. Means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average Mixed Waste organic content Recovery rate of 50 percent between
January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as
calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the
"Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5);
or, as otherwise defined in 14 CCR Section 18982(a)(33).
Illegal hauling: The act of performing for -hire hauling of any solid waste material subject
to this article without obtaining a city -issued permit.
Industrial units: Any business establishment engaged in manufacturing, warehousing,
construction, and/or demolition.
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 chapter,
or as otherwise defined in 14 CCR Section 18982(a)(35).
Large Event Means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a location
that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot,
golf course, street system, or other open space when being used for an event. If the
definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14
CCR Section 18982(a)(38) shall apply to this chapter.
Large Venue: Means a permanent venue facility that annually seats or serves an average
of more than 2,000 individuals within the grounds of the facility per day of operation of the
venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7,
Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately
owned or operated stadium, amphitheater, arena, hall, amusement park, conference or
Ordinance No. 2021-16 Page 6 of 38
civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center,
fairground, museum, theater, or other public attraction facility. For purposes of this
ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common
ownership or control that includes more than one Large Venue that is contiguous with
other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section
18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
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).
Non-Compostable Paper. Includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the composting process, or as otherwise defined in 14
CCR Section 18982(a)(41).
Non -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). These
entities include but are not limited to:
a. Special district(s) located within the boundaries of the city.
b. Federal facilities, including military installations, located within the
boundaries of the city.
C. Public colleges and universities (including community colleges) located
within the boundaries of the city.
d. The Orange County Fairgrounds.
e. State agencies located within the boundaries of the city.
Non -Organic Recyclables: Means non-putrescible and non -hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass, or as otherwise
defined in 14 CCR Section 18982(a)(43).
Notice of Violation (NOV): Means a notice that a violation of this chapter has occurred
that includes a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
Organic Waste: Means Solid Wastes containing material originated from living organisms
and their metabolic waste products, including but not limited to food, green material,
landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper
Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as
otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as
defined by 14 CCR Section 18982(a)(4) and 14 CCR Section 18892(a)(16.5).
Ordinance No. 2021-16 Page 7 of 38
Organic Waste Generator. Means a person or entity that is responsible for the initial
creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
Paper Products: Include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling,
or as otherwise defined in 14 CCR Section 18982(a)(51).
Permit A permit issued by the city that authorizes any person, contractor, or solid waste
enterprise to collect, haul or dispose of any form of solid waste, hazardous waste or
infectious waste for compensation pursuant to this chapter.
Permittee: Any person, contractor, or solid waste enterprise who collects, hauls or
disposes of any form of solid waste, hazardous waste or infectious waste for
compensation pursuant to a permit issued under this chapter.
Printing and Writing Papers: Include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila
envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing
papers, posters, index cards, calendars, brochures, reports, magazines, and publications,
or as otherwise defined in 14 CCR Section 18982(a)(54).
Prohibited Container Contaminants:
a. Where a three -container or three -plus -container collection service is utilized
(Blue Container, Green Container, and Gray Containers), 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 Gray Container that are acceptable
Source Separated Recyclable Materials and/or Source Separated Green
Container Organic Wastes to be placed in city's Green Container and/or
Blue Container; and, (iv) Excluded Waste placed in any container.
b. Where a two -container (green/gray) collection service for Source Separated
Green Container Organic Waste and mixed materials is utilized, Prohibited
Container Contaminants means the following: (i) discarded materials placed
in a Green Container that are not identified as acceptable Source Separated
Green Container Organic Waste for the city's Green Container; (ii)
discarded materials placed in the Gray Container that are identified as
acceptable Source Separated Green Container Organic Waste, which are
to be separately collected in city's Green Container; and, (iii) Excluded
Waste placed in any container.
C. Where a two -container (blue/gray) collection service for Source Separated
Recyclable Materials and mixed materials is utilized, Prohibited Container
Ordinance No. 2021-16 Page 8 of 38
Contaminants means the following: (i) discarded materials placed in a Blue
Container that are not identified as acceptable Source Separated
Recyclable Materials for city's Blue Container; (ii) discarded materials
placed in the Gray Container that are identified as acceptable Source
Separated Recyclable Materials, which are to be separately collected in
city's Blue Container; and, (iii) Excluded Waste placed in any container.
Public highway: Any public street, alley, road, public place or highway open to and used
by the traveling public and not used as a private right-of-way.
Recovered Organic Waste Products: Means products made from California, landfill -
diverted recovered Organic Waste processed in a permitted or otherwise authorized
facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
Recovery. Means any activity or process described in 14 CCR Section 18983.1(b), or as
otherwise defined in 14 CCR Section 18982(a)(49).
Recycled -Content Paper. Means Paper Products and Printing and Writing Paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise
defined in 14 CCR Section 18982(a)(61).
Regulated entity. A franchisee, permittee or any other person or entity subject to the
provisions of this chapter.
Renewable Gas: Means gas derived from Organic Waste that has been diverted from a
California landfill and processed at an in -vessel digestion facility that is permitted or
otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14
CCR Section 18982(a)(62).
Residential 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) that is generated from any residential premises with fewer than five (5) units.
Residential units: All single-family dwelling units and multifamily properties consisting of
4 dwelling units or less.
Residential Waste: Means of, from, or pertaining to solid waste generated by any
residential premises with fewer than five (5) units.
Restaurant Means an establishment primarily engaged in the retail sale of food and
drinks for on -premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
Route Review: Means a visual Inspection of containers along a Hauler Route for the
purpose of determining Container Contamination, and may include mechanical Inspection
methods such as the use of cameras, or as otherwise defined in 14 CCR Section
18982(a)(65).
Ordinance No. 2021-16 Page 9 of 38
SB 1383: Means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
SB 1383 Regulations or SB 1383 Regulatory: Means or refers to, for the purposes of this
chapter, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter
12 and amended portions of regulations of 14 CCR and 27 CCR.
Scavenge: The unauthorized removal of any recyclable materials as defined by California
Public Resources Code Sections 41950 and 41951 or solid waste without a permit under
this article.
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).
Single -Family. Means of, from, or pertaining to any residential premises with fewer than
five (5) units.
Solid Waste: Has the same meaning as defined in State Public Resources Code Section
40191, 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, with the exception
that Solid Waste does not include any of the following wastes:
a. Hazardous waste, as defined in the State Public Resources Code Section
40141.
b. 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).
C. 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
Ordinance No. 2021-16 Page 10 of 38
Waste shall be regulated pursuant to Division 30 of the State Public
Resources Code.
Solid waste enterprise: A solid waste enterprise as defined in California Public Resources
Code Section 49504.
Solid waste handling services: A solid waste handling service as defined in California
Public Resources Code Section 49505.
Source Separated. Means materials, including commingled recyclable materials, that
have been separated or kept separate from the Solid Waste stream, at the point of
generation, for the purpose of additional sorting or processing those materials for
recycling or reuse in order to return them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section
17402.5(b)(4). For the purposes of this chapter, Source Separated shall include
separation of materials by the generator, property owner, property owner's employee,
property manager, or property manager's employee into different containers for the
purpose of collection such that Source Separated materials are separated from Gray
Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and
processing.
Source Separated Blue Container Organic Waste: Means Source Separated Organic
Wastes that can be placed in a Blue Container that is limited to the collection of those
Organic Wastes and Non -Organic Recyclables as defined in Section 18982(a)(43), or as
otherwise defined by Section 17402(a)(18.7).
Source Separated Green Container Organic Waste: Means Source Separated Organic
Waste that can be placed in a Green Container that is specifically intended for the
separate collection of Organic Waste by the generator, excluding Source Separated Blue
Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
Source Separated Recyclable Materials: Means Source Separated Non -Organic
Recyclables and Source Separated Blue Container Organic Waste.
State: Means the State of California.
Supermarket Means a full -line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods,
or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section
18982(a)(71).
Tier One Commercial Edible Food Generator. Means a Commercial Edible Food
Generator that is one of the following:
a. Supermarket.
Ordinance No. 2021-16 Page 11 of 38
b. Grocery Store with a total facility size equal to or greater than 10,000 square
feet.
C. Food Service Provider.
d. Food Distributor.
e. 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.
Tier Two Commercial Edible Food Generator. Means a Commercial Edible Food
Generator that is one of the following:
a. Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
b. Hotel with an on -site Food Facility and 200 or more rooms.
C. Health facility with an on -site Food Facility and 100 or more beds.
d. Large Venue.
e. Large Event.
f. 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.
g. 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.
Uncontainerized Green Waste and Yard Waste Collection Service or Uncontainerized
Service: Means a collection service that collects green waste and yard waste that is
placed in a pile or bagged for collection on the street in front of a generator's house or
place of business for collection and transport to a facility that recovers Source Separated
Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
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).
Ordinance No. 2021-16 Page 12 of 38
8-77. Permits and Agreements.
(a) No person, contractor, or solid waste enterprise shall charge a fee or accept any
form of compensation to collect any solid waste, hazardous waste or infectious waste
upon, along or across any public highway in the city without first applying for and receiving
all required permits and/or entering into any agreement(s) required by the city to perform
such services. In addition to the permits and agreements required under this chapter, the
applicant must obtain a business license prior to doing business within the city, and a
separate vehicle permit for each and every vehicle used for collecting solid waste,
hazardous waste or infectious waste and setting of containers within the city right-of-way.
The permittee or franchisee shall place each vehicle permit issued pursuant to this
chapter in the lower right front window of the vehicle so that it is clearly visible from the
street.
(b) The city shall develop and implement a procedure for evaluating the performance
of any and all permittees operating under the provisions of this chapter. Permitted haulers
shall submit reports on their hauling activity, as required by the enforcement official.
These reports shall be submitted in the format and frequency established by the
enforcement official. Failure to provide said reports, by their established due date, may
result in a civil citation pursuant to Section 1-36. If said reports are not submitted within
forty-five (45) days of the imposition of a civil citation, along with payment of said penalty,
the hauler's permit may be revoked as provided in Section 8-79. Failure to meet minimum
diversion rates may result in the revocation of the permit as provided in Section 8-79. A
franchisee shall have specific requirements and evaluation of their performance governed
by the terms of the agreement. At the discretion of the enforcement official, the city
reserves the right to utilize other means of enforcement contained within Section 1-33.
(c) Any person, contractor or solid waste enterprise who is issued a permit or
agreement pursuant to this chapter shall comply with all of the regulations in this chapter
including, but not limited to, the source reduction and recycling provisions of Section 8-
84.
(d) Any person, contractor or solid waste enterprise desiring to provide temporary and
non -recurring for -hire hauling must obtain a permit to remove or convey any solid waste,
hazardous waste or infectious waste upon or along any public highway within the city
from any commercial business or residential unit(s), shall sign and file an application with
the city and pay a permit application fee and thereafter any other permit fee established
by resolution of the city council. To the extent permitted by law, the information submitted
in the application shall be kept confidential.
(e) Each permit application shall be filed with the public services department and shall
include the following information:
1. The name and address of the applicant.
2. The number and type of vehicles to be used by the applicant.
Ordinance No. 2021-16 Page 13 of 38
3. Additional information, as established by the director, to assist the city's
administration and oversight authority as established by state law.
4. For hazardous waste and infectious waste, written proof that the person or
solid waste enterprise has obtained all necessary permits from the county,
State of California and federal agencies for the collection of such waste and
has insurance coverage for the transport and disposal of such waste.
(f) Solid waste enterprises who provide recurring collection service to any commercial
business shall be required to operate under a franchise agreement that provides the
following protections and guarantees:
1. Provision of all recurring collection programs to its customers, as required
by the City of Costa Mesa Source Reduction and Recycling Element, and
any State law or regulation incorporated into the agreement, and any other
standards of service or performance requirements incorporated into the
agreement, which includes, but is not limited to the following:
a. Reduction of solid waste to maintain a fifty (50) percent diversion rate
through source reduction, recycling and composting, and a sixty-five
(65) percent diversion rate for construction and demolition waste.
b. Guaranteed capacity for all waste collected at solid waste facilities to
the extent required by State law and/or agreement terms. Solid waste
facilities used must be regulated by the State and only receive,
process, transfer, treat or otherwise handle waste under the terms
established by their permits and/or other State and local regulations.
C. Technical, instructional, promotional, and educational programs to
reasonably familiarize customers with current State laws and
regulations, including AB 939, AB 341, AB 1826, AB 827, SIB 1383,
and any other laws or regulations that are incorporated into the
agreement.
d. Various collections programs, containers, and related service
provision methodologies that conform and comply with all State
regulations specifically referenced and established in agreement
terms.
e. Special waste programs as established in the agreement.
2. Provide insurance, performance bonds, access to financial records, and
other reasonable and customary requirements that guarantee competent
services and compliance with agreement terms.
Ordinance No. 2021-16 Page 14 of 38
3. Provide information or additional financial information, including, but not
limited to, the right to audit financial records, or require a performance bond,
or other suitable evidence of financial responsibility, if at any time such
information is found to be necessary by the city council. The permittee will
provide a certified copy of the permittee's last fiscal year's financial report,
audited by a certified public accountant. All financial information contained
in the permit application made to the city pursuant to this chapter shall be
deemed to be confidential and shall be retained by the city for its use and,
under no circumstances, will such information be released to anyone other
than the permittee without the consent of the permittee.
(g) Solid waste enterprises who provide temporary for -hire hauling of construction and
de -construction debris shall be required to obtain and operate under a permit that
provides the following protections and guarantees:
1. Provision of temporary collection programs to its customers, as required by
the City of Costa Mesa Source Reduction and Recycling Element, and any
State law or regulation incorporated into the agreement, and any other
standards of service or performance requirements incorporated into the
permit, which includes, but is not limited to the following:
a. Diversion from landfill of a minimum of sixty-five (65) percent of
construction and demolition waste collected.
b. Technical, instructional, promotional, and educational programs to
reasonably familiarize customers with current State laws and
regulations, including CALGreen, and any other laws or regulations
that are incorporated into the permit.
C. Various collections programs, containers, and related service
provision methodologies that conform and comply with all State
regulations specifically referenced and established in permit terms.
2. Provide insurance, access to financial records, and other reasonable and
customary requirements as required by the enforcement official.
3. Provide information or additional financial information, including, but not
limited to, the right to audit financial records, or require a performance bond,
or other suitable evidence of financial responsibility, if at any time such
information is found to be necessary by the enforcement official. The
permittee will provide a certified copy of the permittee's last fiscal year's
financial report, audited by a certified public accountant. All financial
information contained in the permit application made to the city pursuant to
this chapter shall be deemed to be confidential and shall be retained by the
city for its use and, under no circumstances, will such information be
Ordinance No. 2021-16 Page 15 of 38
released to anyone other than the permittee without the consent of the
permittee.
(h) The Costa Mesa Sanitary District ("CMSD") will continue its franchise for all single-
family residential and multi -family residential receiving curbside service within the city. No
other permittee will be allowed to operate in areas governed by the CMSD.
(i) Contractor self -haul permit applicants must comply with CALGreen requirements
and provide per -project forms, as required by the director, and subsequently submit all
waste disposal and diversion tickets associated with their project(s) at the time prescribed
by the enforcement official. Failure to submit both the required form and all associated
weight tickets shall subject the permittee to an administrative penalty as outlined in
section 8-84.
8-78. Issuance or denial permits and agreements.
(a) When an application has been made to the city for a permit pursuant to this
chapter, it shall be the duty of the enforcement official to consider the matter; and he or
she shall have the right to grant, condition or deny the permit request, and such decision
shall be subject to an appeal to the city council pursuant to Chapter IX of Title 2 of this
Code. In granting, conditioning or denying the permit request, the enforcement official
and the city council may take into consideration factors, including, but not limited to, the
following:
1. The ability of the permittee to comply with the solid waste handling service
standards enumerated in this chapter.
2. The ability of the permittee to comply with the equipment standards
enumerated in this chapter.
3. The ability of the permittee to comply with the provisions regarding
insurance or bonds enumerated in this chapter.
4. The ability of the permittee to provide programs and comply with the City of
Costa Mesa Source Reduction and Recycling Element and associated
State laws and regulations.
(b) No permit granted pursuant to this chapter shall be assigned or transferred without
the consent of the enforcement official.
(c) The term of any new permit shall be for one calendar year, though holders of
permits with a longer term shall be entitled to provide temporary service for the full
remaining term of their respective permit. No permit granted pursuant to this chapter shall
limit the right of the city to grant an exclusive or nonexclusive franchise for solid waste
handling services in the city. A permit issued under this chapter shall not grant the
permittee rights under California Public Resources Code section 49520, where at the time
Ordinance No. 2021-16 Page 16 of 38
the permit is granted the permittee did not have a right to continue service under such
section.
(d) Agreements for the provision of recurring services by solid waste enterprises shall
be established and executed at the city's discretion and for a term of the city's choosing.
8-79. Revocation of permit.
(a) In the event that any person, contractor or solid waste enterprise holding a permit
to collect solid waste, hazardous waste, or infectious waste upon or along any public
highway within the city from any commercial business or residential unit(s), violates any
of the conditions of such permit, the provisions of this chapter, or any other ordinance,
statute, or regulation relating to the collection, storage, or disposal of solid waste,
hazardous waste, or infectious waste, or collects such solid waste in an unlawful,
improper, or unsanitary manner, the enforcement official may revoke such permit issued
to such person, contractor, or solid waste enterprise as provided by this section.
(b) The enforcement official may revoke a permit by issuing a written order to the
permittee and the order shall state the grounds for such revocation, and that if proof of
compliance is not provided to the enforcement official within thirty (30) calendar days from
the date of the written order, the permit will be revoked forty-five (45) calendar days from
the date the written order was mailed. The order shall be mailed by certified mail to the
permittee. The written order shall be subject to an appeal to the city council pursuant to
Chapter IX of Title 2 of this Code. Upon revocation of a permit, the permittee shall cease
all services subject to the permit within seventy-five (75) calendar days from the date the
order is mailed. The enforcement official may adopt regulations to implement the
provisions of this section.
(c) If a franchisee fails to comply with agreement terms, the provisions of this chapter,
or any other ordinance, statute, or regulation relating to the collection, storage, or disposal
of solid waste, hazardous waste, or infectious waste, or collects such solid waste in an
unlawful, improper, or unsanitary manner, the enforcement official may utilize remedies
established in the franchise agreement to cure such violations and defaults in addition to
any other remedy provided by law.
(d) If a permittee fails to comply with terms and conditions of the permit, the provisions
of this chapter, or any other ordinance, statute, or regulation relating to the collection,
storage, or disposal of solid waste, hazardous waste, or infectious waste, or collects such
solid waste in an unlawful, improper, or unsanitary manner, the enforcement official may
utilize remedies established in Section 1-33 to cure such violations and defaults in
addition to any other remedy provided by law.
(e) If a permit or franchise agreement is revoked, no permit or franchise may be
thereafter granted to such entity to collect solid waste, hazardous waste or infectious
waste in the city until such time as the permittee or franchisee can first establish to the
city its ability to comply with the provisions of this chapter.
Ordinance No. 2021-16 Page 17 of 38
8-80. Equipment requirements.
(a) Vehicles used by the permittee for solid waste handling services shall be approved
by the enforcement official or designee and shall be in safe and operable condition.
Vehicles shall be painted with the firm name on each side at a minimum of three (3) inch -
high letters. No materials shall leak, fall or be spilled from any such vehicle or bin attached
thereto. Vehicles shall be equipped with shovels and brooms to clean up spillage.
Equipment bodies shall be of metal and watertight. Vehicles must pass city approved
inspections and meet applicable air quality and vehicle emissions standards. Truck
bodies shall be closed when used to transport solid waste, hazardous waste or infectious
waste contents to places of disposal or separation for recycling. The maximum gross
weight imposed by the wheels of any one (1) axle shall not exceed twenty thousand
(20,000) pounds. Vehicles shall be operated in such a manner as to minimize their
exterior noise levels in the city. Vehicles must conform to the California Vehicle Code and
all other applicable laws and are subject to inspection at any time by the city or the
California Highway Patrol or other law enforcement agencies.
(b) Each vehicle required to have a permit, pursuant to this article, must pass a
California Highway Patrol Biannual Inspection of Terminals for each vehicle or other
inspection approved by the director. Proof of inspection is required to be submitted to the
public services department twice per year. Failure to pass the vehicle inspection may
result in denial or revocation of the permit.
(c) Each container of a residential unit utilizing curbside service shall comply with the
requirements of the CMSD.
(d) Containers to be used by industrial and commercial units and multifamily units not
utilizing curbside service shall be provided by the permittee or franchisee. Containers
shall have the name and the phone number of the permittee or franchisee clearly visible
on two (2) sides in letters not less than three (3) inches in height. Containers shall be of
a design and size to contain all the contents therein in such manner as to promote sanitary
and healthy conditions. The owner of such containers shall maintain them in a safe and
sanitary condition. The director shall have the authority to approve new containers at any
time.
(e) All permittees and franchisees shall maintain their containers to present a well -
kept appearance and ensure that the container area is left clean of debris and refuse after
pickup or delivery. Users shall be responsible for the cleanliness of the containers and
sanitary conditions of the surrounding area between services.
(f) All equipment and containers provided under an agreement with the city shall
follow the standards established in section 8-80, in addition to standards established in
the agreement.
Ordinance No. 2021-16 Page 18 of 38
8-81. Service standards.
(a) In all areas of the city recurring services shall be provided at least once per week,
unless the terms of an agreement provide otherwise. Pickups shall not be made between
the hours of 8:00 p.m. and 7:00 a.m., unless otherwise approved by the enforcement
official or CMSD. No collection will be allowed on Sundays. On Monday through Saturday,
there will be no collection between the hours of 8:00 p.m. and 7:00 a.m. unless requested
and specifically approved by the enforcement official. In the event of a holiday, pickups
shall be completed one (1) day later than the regularly scheduled collection day. The
following are considered to be holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving and Christmas Day. Notwithstanding the forgoing, the
director may grant a temporary waiver from these service standards for good cause or as
otherwise required by law.
(b) The schedule for recurring collections from commercial businesses shall be
subject to review by the enforcement official and amended as provided for in the
agreement. The schedule for temporary collections by permit holders is limited to specific
construction, deconstruction, and property improvement projects on a schedule
reasonably required to complete the required scope of work. Temporary collections shall
follow the hours of operation established in subsection (a) unless written approval is
obtained from the director or the building official in connection with a building or other
applicable permit.
(c) All commercial businesses that are multi -family properties of five units or more
shall be provided a container or containers that have a minimum storage capacity of one-
half ('/2) cubic yard of refuse per dwelling unit per week. The minimum service standards
are subject to review by the director.
(d) All collections of refuse from multi -family properties of five (5) or more shall be
made from private property except where the enforcement official has made a written
determination that there is a physical limitation or documented safety issue(s) that
prevents collection service from private property.
(e) The permittee or franchisee shall be allowed, unless specifically forbidden to do so
by the owners or occupants, to enter private courts or places or other private property to
make collections under an agreement or permit.
(f) All franchisees shall maintain a place of business at some fixed place and shall
maintain a business telephone line. The franchisee or permittee shall provide any updates
to the telephone number and address to the city within seventy hours of any change. At
all times during the hours between 8:00 a.m. and 5:00 p.m. of each day upon which
collections are made, said office must be staffed to receive complaints regarding
collection. An emergency number shall be made available to city hall for the hours
between 5:00 p.m. and 8:00 a.m. and for days upon which collections are not made.
Ordinance No. 2021-16 Page 19 of 38
(g) The permittee or franchisee shall, in person or by his, her or its agent, visit the
office of the enforcement official at such times as the enforcement official shall designate
for the purpose of discussing any matters or subject relating to, and any complaints which
may concern the performance of his or her or its permit or agreement. The permittee or
franchisee shall report back to the enforcement official within the next working day
regarding any action or procedure taken with reference to complaints or other matters
discussed.
(h) In the event of a natural disaster, earthquake, storm, fire or other extraordinary
occurrence that may tend to generate abnormal amounts of refuse, the city may require
additional collection upon agreement between the enforcement official and the
franchisee.
(i) In the event that franchise service is interrupted due to labor disputes or other
events impacting the health, safety and welfare of the citizens of the city, the city shall
have the right to take over and operate any and all equipment of the franchisee in order
to continue service pursuant to the terms of the contract or permit if it is determined by
the enforcement official to be necessary to the health, safety and welfare of the citizens
of the city. If necessary, in the judgment of the enforcement official, city employees may
operate said equipment.
Q) Solid waste enterprises or other for -hire haulers operating under an agreement
shall comply with the service standards established in this section, in addition to any
service standards established in their agreement.
8-82. Insurance and bonds.
(a) The permittee and franchisee shall at all times keep fully insured, at his, her or its
own expense, all persons employed by him, her or it in connection with the contract or
permit workers' compensation insurance as required by the State of California, and shall
hold the city free and harmless from all liabilities that may arise by reason of the injuries
to any employee of the permittee or franchisee who is injured while performing any work
or labor necessary to carry out the provisions of a contract or permit. The permittee or
franchisee, during the life of the permit or agreement, shall keep on file with the city Clerk
evidence that the permittee is fully and properly insured as required by state law.
(b) If necessary, in the judgment of city council, the permittee and franchisee shall
deposit with the city a cash deposit or a performance bond guaranteeing the performance
of any permit which he, she or it may have with the city. The cash deposit or bond shall
be in the amount and in a form approved by the city attorney.
(c) The permittee and/or franchisee shall agree to in a format approved by the city
attorney and thereafter indemnify the city, its officers, employees and contractors against,
and hold the city, its officers and employees, harmless from, any claims asserted against
the permittee/franchisee on account of the negligence of the permittee/franchisee or its
employees, by employees of the permittee/franchisee or by third parties, arising out of
Ordinance No. 2021-16 Page 20 of 38
personal injuries or property damage, including hazardous material cleanup costs and
penalties, suffered by any such persons on account of the operations of the permittee
hereunder. The permittee and/or franchisee shall provide and maintain in effect, bodily
injury, property damage and environmental liability insurance with limits in an amount
approved by the city Attorney and as set forth in the permit granted. The permittee and/or
franchisee shall have the city, its officials and employees named as an additional insured
under each of the aforementioned policies, and such policies shall be endorsed to require
thirty (30) days written notice to the city prior to any cancellation thereof. The permittee
and/or franchisee shall furnish to the city certificates evidencing that the insurance
required hereunder is in effect and such certificates shall be in a form approved by the
city's risk management office.
(d) Solid waste enterprises operating under an agreement shall comply with the
insurance and bonds requirements as established in their agreements.
8-83. Regulations.
(a) It is unlawful for any person to place, deposit, dump or cause to be placed,
deposited or dumped any solid waste, hazardous waste or infectious waste in or upon
any private property or in or upon any public property which the public is admitted by
easement or license without the consent of the owner, or in or upon any public highway,
street, alley, sidewalk, gutter, parkway or upon any private road, alley, sidewalk, gutter or
driveway in common use, or upon any public property other than property designated or
set aside as a disposal station for such purpose by resolution of the city council or county
board of supervisors.
(b) It is unlawful for any person to place, deposit or dump solid waste, hazardous
waste or infectious waste of any kind whatsoever upon any private or public property
within a distance of one thousand (1,000) feet from any public highway in the city, or
within a distance of five hundred (500) feet from any established residence or dwelling
house within the city, or to cause or suffer or permit such solid waste, hazardous waste
or infectious waste to be placed, deposited or dumped upon any public or private property
within a distance of one thousand (1,000) feet of any public highway or within a distance
of five hundred (500) feet of any established residence or dwelling house in the city,
without first having obtained a use permit pursuant to the zoning laws of the city, county,
and State of California, or pursuant to any other zoning law that may be hereafter adopted
in the place and stead of said zoning laws of the city. The provisions of this subsection
shall not apply to solid waste, hazardous waste or infectious waste placed into a container
for pickup by a solid waste enterprise operating pursuant to a permit issued under this
chapter.
(c) No person shall burn any solid waste, hazardous waste or infectious waste within
the city without having first complied with all rules and regulations of the city, the county,
the South Coast Air Quality Management District and the state.
Ordinance No. 2021-16 Page 21 of 38
(d) No person shall scavenge or bury any solid waste, hazardous waste or infectious
waste within the city.
(e) Special arrangements must be made and permits issued by the county, State of
California, and federal agencies for the disposal of any of the following items: Ammunition;
explosives; industrial waste; chemicals; infectious; hazardous and radioactive waste;
acids; drugs; medicines; human feces; unwrapped animal feces; and items which are too
large for the collection equipment or which may damage the collection machinery such
as large pieces of metal, machine parts, logs and tree stumps.
(f) Branches of trees, hedges, etc., shall be cut in lengths of not over four (4) feet and
placed in containers or tied into bundles not exceeding fifty (50) pounds. All vacuum
cleaner dust sweepings or ashes shall be wrapped and placed in the container.
Newspapers and magazines may be bundled in bundles not exceeding fifty (50) pounds
maximum. All metal containers may be placed in an enclosed container or wrapped in
bundles not exceeding fifty (50) pounds maximum. In areas of curbside refuse collection,
the requirements of this subsection are superseded by any requirements of the CMSD.
(g) It is unlawful for a person, contractor or solid waste enterprise to commingle solid
waste collected from within the jurisdiction of the City of Costa Mesa with solid waste
collected from any other jurisdiction. A violation of this subsection shall constitute grounds
for revocation of a permit pursuant to section 8-79.
(h) For any type of solid waste collection in the city, it is unlawful for any person to use
the services offered by a person, service, or enterprise that has not obtained all the
required permits or agreements from the city pursuant to this chapter.
(i) It is unlawful for any person, contractor or solid waste enterprise to place solid
waste collection containers on public property without the appropriate city permit or
agreement. For the first violation of this subsection, the city may impound container(s) of
non -permitted persons, contractors or solid waste enterprises forty-eight (48) hours after
such container(s) are observed by the city or the city's agent. For the second violation of
this subsection, the city may impound containers of non -permitted persons, contractors
or solid waste enterprises previously noticed or impounded twenty-four (24) hours after
such container(s) are observed the city or the city's agent. Any subsequent violations may
be subject to immediate confiscation.
0) Permitted haulers and haulers operating under an agreement shall place signage
and/or markings on their containers to clearly identify them as property of the
permitted/contracted hauler, as required by the city. When a container that does not
contain signage or markings to clearly identify it as the property of a permitted hauler is
observed, a notice shall be placed upon the container to inform its owner that illegal
hauling has been established. The owner of that container will have forty-eight (48) hours
to remove said container or place signage identifying it as property of the
permitted/contracted hauler so that the city or city's agent can determine if it is the
property of a permitted/contracted hauler.
Ordinance No. 2021-16 Page 22 of 38
(k) If containers placed in violation of this section are not removed within the time
periods set forth herein, an impound fee, per container, shall be imposed to cover the
costs of impound, disposal of materials, container storage, and a civil citation penalty fee
for city enforcement and administration. The impound fee shall be established by the city
council. If the owner of the impounded container does not pay the full impound fee to the
city within ninety (90) days of impound, the impounded container shall become the
property of the city to satisfy the impound fee.
(1) The city reserves the right to, on an annual basis, enter into an impound services
agreement, in accordance with the city's procurement policies. The selected solid waste
enterprise shall be operating under an agreement and shall be authorized to enforce the
city's franchise by confiscating any roll -off containers or trash bins used for illegal hauling
within city limits. The contracted solid waste enterprise shall be authorized to collect the
impound fee set forth herein. The owner of the container shall pay the impound fee in
order to remove the property out of impound. If the owner does not pay within ninety (90)
days of impound, the contracted solid waste enterprise shall keep the impounded
container to satisfy its service and hauling charges. The impoundment of the containers
does not prevent the city utilizing any civil, administrative or criminal remedies available
pursuant to the Municipal Code.
(m) Generators that are persons residing in single-family homes or multi -family
properties of four (4) units or less are considered Residential Organic Waste Generators
for the purposes of this chapter. Residential Organic Waste Generators shall comply with
the following requirements:
1. Subscribe to Organic Waste collection services provided through the Costa
Mesa Sanitary District franchise (CMSD program).
2. Participate in the CMSD program by placing designated materials (Organic
Waste, Non -Organic Recyclables, and other Solid Waste in designated
containers, and shall not place Prohibited Container Contaminants in
collection containers.
3. Generators may additionally manage their Organic Waste by preventing or
reducing their Organic Waste, managing Organic Waste on site, and/or
using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
(n) Generators that are Commercial Businesses, including multi -family properties of
five (5) units or more, must arrange for the recurring collection and recycling of solid waste
as follows:
Subscribe to collection services provided by a city franchisee. 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
Ordinance No. 2021-16 Page 23 of 38
of materials; and, Commercial Businesses shall adjust their service level for
their collection services as requested by the city.
2. Participate in Organic Waste, Non -Organic recyclables, and/or other solid
waste collection services provided by franchisee in order to comply with
State law. Participation includes placing designated materials in designated
containers. Commercial Businesses not subscribing to such service with a
franchisee shall make available to the city: (1) acceptable proof that a
recycling program and/or organic waste recycling program is in place; (2)
that program(s) includes all materials that require diversion under State law;
and (3) that the generator provides the city with the program provider's
name, contact information, and the volume or weight of recyclable organic
and or non -organic materials collected on a quarterly or annual basis, in the
form and format required by the city.
3. Supply and allow access to an adequate number, size and location of
collection containers with sufficient labels or colors to conform to the
collection programs subscribed to through the franchisee or otherwise.
4. Commercial Businesses, excluding multi -family dwellings, shall provide
containers for the collection of organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by that
business. Such containers do not need to be provided in restrooms. If a
Commercial Business does not generate any of the materials that would be
collected in one type of container, then the business does not have to
provide that particular container in all areas where disposal containers are
provided for customers. Pursuant to 14 CCR Section 18984.9(b), the
containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through
the collection service provided by the franchisee; or
b. 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 to 14 CCR
Section 18984.8, the container labeling requirements are required on
new containers commencing January 1, 2022.
5. Commercial Businesses, excluding multi -family dwellings, shall, to the
extent practical through education, training, inspection and/or other
measures, prohibit employees from placing materials in a container not
designated for those materials per the franchisee's collection service.
Ordinance No. 2021-16 Page 24 of 38
6. Commercial Businesses, excluding multi -family dwellings, shall periodically
inspect containers for contamination and inform employees if containers are
contaminated and of the requirements to keep contaminants out of those
containers pursuant to 14 CCR Section 18984.9(b)(3).
7. Annually provide information to employees, contractors, tenants, and
customers about Organic Waste Recovery requirements and about proper
sorting of discarded materials.
8. Provide education information before or within fourteen (14) days of
occupation of the premises to new tenants that describes requirements to
place designated materials in designated containers, the location of
designated containers, and the associated rules governing their use at each
property.
9. Provide or arrange access for city or its agent to their properties during all
inspections required to confirm compliance with the requirements of this
ordinance.
10. If a Commercial Business wants to self -haul, it must meet the Self -Hauler
requirements in Section 8-83(o) of this chapter.
11. Nothing in this chapter prohibits a generator from preventing or reducing
waste generation, managing Organic Waste on site, or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
12. Commercial Businesses that are Tier One or Tier Two Commercial Edible
Food Generators shall comply with Food Recovery requirements, pursuant
to Section 8-83(m)
13. On or after September 15, 2020, a business that generates two (2) cubic
yards or more per week of commercial solid waste, as defined in Public
Resources Code section 42649.1, per week, shall arrange for recycling
services specifically for organic waste.
14. Commercial Businesses, including Multi -Family dwellings, that subscribe to
landscaper services shall provide to the city all information required to
determine if these collections satisfy SB 1383 requirements, in the form and
format required by the city.
15. Property management companies that contract for trash service for any
commercial business subject to this chapter are required to contract or
otherwise make available recycling services and organic waste recycling
services to comply with this section.
Ordinance No. 2021-16 Page 25 of 38
(o) Waivers for physical de minimis volumes, physical space limitations, and/or
collection frequency may be granted by the city if the following conditions are met:
a. De Minimis Waivers may be granted to a Commercial Business, at the city's
sole discretion. Such action would waive some or all of the Organic Waste
requirements of this chapter if the Commercial Business provides
documentation that the business generates below a certain amount of
Organic Waste material as described below. Commercial Businesses
requesting a de minimis waiver shall:
Submit an application or complete a city -provided form specifying the
services that they are requesting a waiver from.
2. Provide documentation that either:
a. The Commercial Business's total Solid Waste Collection
service is two cubic yards or more per week and Organic
waste subject to collection in a Blue Container or Green
Container comprises less than 20 gallons per week per
applicable container of the businesses total waste; or,
b. The Commercial Business's total Solid Waste collection
service is less than two cubic yards per week and Organic
Waste subject to collection in a Blue Container or Green
Container comprises less than 10 gallons per week per
applicable container of the business' total waste.
C. Notify city if circumstances change such that Commercial
Business's Organic Waste exceeds threshold required for
waiver, in which case waiver will be rescinded.
d. Provide written verification of eligibility for de minimis waiver
every five (5) years, if city has approved de minimis waiver.
b. Physical Space Waivers may be provided to waive a Commercial
Business's or property owner's obligations (including Multi -Family
dwellings) to comply with some or all of the recyclable materials and/or
Organic Waste 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 Organic Waste collection
requirements of Section 8-83(k). A Commercial Business or property owner
may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection
services for which they are requesting a compliance waiver.
Ordinance No. 2021-16 Page 26 of 38
2. Provide documentation that the premises lack adequate space for
Blue Containers and/or Green Containers including documentation
from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to city that it is still eligible for physical
space waiver every five years, if the city has approved the application
for a physical space waiver.
C. City, at its discretion and in accordance with 14 CCR Section
18984.11(a)(3), may allow the owner or tenant of any residence, premises,
business establishment or industry that subscribes to an Organic Waste
collection service to arrange for the collection of their Blue Container, Gray
Container, or both once every fourteen days, rather than once per week.
(p) Requirements for Commercial Edible Food Generators
a. Tier One Commercial Edible Food Generators must comply with the
requirements of this chapter 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.
Ordinance No. 2021-16 Page 27 of 38
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:
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 February 1 st of each year commencing no later
than calendar year 2022 for Tier One Commercial Edible Food
Generators and calendar year 2024 for Tier Two Commercial
Edible Food Generators, provide an annual Food Recovery
report to the city in the form and format established by the
enforcement official.
d. Nothing in this chapter shall be construed to limit or conflict with the
protections provided by the California Good Samaritan Food
Ordinance No. 2021-16 Page 28 of 38
Donation Act of 2017, the Federal Good Samaritan Act, or share
table and school food donation guidance pursuant to Senate Bill 557
of 2017 (approved by the Governor of the State of California on
September 25, 2017, which added Article 13 [commencing with
Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the
Education Code, and to amend Section 114079 of the Health and
Safety Code, relating to food safety, as amended, supplemented,
superseded and replaced from time to time).
(q) Requirements for Haulers and Facility Operators.
a. Franchised haulers authorized to collect Organic Waste shall comply with
education, equipment, signage, container labeling, container color,
contamination monitoring, reporting, and other requirements contained
within its permit conditions and/or franchise agreement.
b. Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in -vessel digestion facilities,
and publicly -owned treatment works shall, upon city request, provide
information regarding available and potential new or expanded capacity at
their facilities, operations, and activities, including information about
throughput and permitted capacity necessary for planning purposes.
Entities contacted by the city shall respond within 60 days.
C. Community Composting operators, upon city request, shall provide
information to the city to support Organic Waste capacity planning,
including, but not limited to, an estimate of the amount of Organic Waste
anticipated to be handled at the Community Composting operation. Entities
contacted by the city shall respond within 60 days.
(r) Self -Hauler Requirements.
a. Self -Haulers shall source separate all recyclable materials and Organic
Waste generated on -site from Solid Waste in a manner consistent with 14
CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High
Diversion Organic Waste Processing Facility as specified in 14 CCR
Section 18984.3.
b. Self -Haulers shall haul their Source Separated Recyclable Materials to a
facility that recovers those materials; and haul their Source Separated
Green Container Organic Waste to a Solid Waste facility, operation, activity,
or property that processes or recovers Source Separated Organic Waste.
Alternatively, Self -Haulers may haul Organic Waste to a High Diversion
Organic Waste Processing Facility.
Ordinance No. 2021-16 Page 29 of 38
C. Self -Haulers that are Commercial Businesses (including Multi -Family
Residential Dwellings) shall keep a record of the amount of Organic Waste
delivered to each Solid Waste facility, operation, activity, or property that
processes or recovers Organic Waste; this record shall be subject to
Inspection by the city. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the
waste.
2. The amount of material in cubic yards or tons transported by the
generator to each entity.
3. If the material is transported to an entity that does not have scales
on -site, or employs scales incapable of weighing the Self-Hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the Self -Hauler is not required to record the weight of
material but shall keep a record of the entities that received the
Organic Waste.
d. Self -Haulers that are Commercial Businesses (including Multi -Family Self -
Haulers) shall provide information collected to the city if requested.
e. A residential Organic Waste Generator that self -hauls Organic Waste is not
required to record or report information to the city.
(s) Inspections and Investigations by city.
a. city representatives and/or its designated entity are authorized to conduct
Inspections and investigations, at random or otherwise, of any collection
container, collection vehicle loads, or transfer, processing, or disposal
facility for materials collected from generators, or Source Separated
materials to confirm compliance with this ordinance by Organic Waste
Generators, Commercial Businesses (including Multi -Family Residential
Dwellings), property owners, Commercial Edible Food Generators, haulers,
Self -Haulers, Food Recovery Services, and Food Recovery Organizations,
subject to applicable laws. This section itself does not allow city staff or the
city's designated officials to enter the interior of a private residential property
for inspection unless otherwise authorized to do so. For the purposes of
inspecting Commercial Business containers for compliance with this
section, the city may conduct container Inspections for Prohibited Container
Contaminants using Remote Monitoring, and Commercial Businesses shall
accommodate and cooperate with the Remote Monitoring pursuant to this
section.
b. Regulated entity shall provide or arrange for access during all Inspections
(with the exception of residential property interiors) and shall cooperate with
Ordinance No. 2021-16 Page 30 of 38
the city's employee or its designated entity/Designee during such
Inspections and investigations. Such Inspections and investigations may
include confirmation of proper placement of materials in containers, Edible
Food Recovery activities, records, or any other requirement of this
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 (ii) access to records for any Inspection or investigation is a
violation of this ordinance and may result in Civil citations and any of the
other penalties included in Section 1-33 and/or this chapter.
C. Any records obtained by the 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 Designee 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.
(t) Enforcement.
a. Violation of any provision of this chapter shall constitute grounds for
issuance of a Notice of Violation and assessment of a fine by a city
enforcement official or representative. Enforcement Actions under this
chapter include but are not limited to issuance of a civil citation and
assessment of a fine pursuant to Chapter II of Title 1 of this Code. Any
violation of this chapter may also be enforced pursuant to any other remedy
at law or in equity, including but not limited to those set forth in of Chapter I
of Title 1 of this Code.
b. Responsible Entity for Enforcement
1. Enforcement pursuant to this ordinance may be undertaken by the
city enforcement official, as defined.
2. Enforcement may also be undertaken by a County Agency
enforcement official, if so designated, in consultation with city
enforcement official, or a Non -Local Entity enforcement official.
3. City enforcement officials) (and County Agency enforcement official,
if applicable) will interpret ordinance; determine the applicability of
Ordinance No. 2021-16 Page 31 of 38
waivers, if violation(s) have occurred; implement Enforcement
Actions; and, determine if compliance standards are met.
4. City enforcement officials) and County Agency enforcement official
may issue Notices of Violation(s).
c. Process for Enforcement.
1. City enforcement officials and/or their Designee will monitor
compliance with the ordinance randomly and through Compliance
Reviews, Route Reviews, investigation of complaints, and an
Inspection program (that may include Remote Monitoring). Section
8-83(p) establishes city's right to conduct Inspections and
investigations.
2. City may issue an official notification to notify regulated entities of its
obligations under the ordinance.
3. City may issue a Notice of Violation requiring compliance within 60
days of issuance of the notice.
4. Absent compliance by the respondent within the deadline set forth in
the Notice of Violation, city may commence an action to impose
penalties, via a civil citation and fine as set forth herein.
Notices shall be sent to "owner" at the official address of the owner
maintained by the tax collector for the city or if no such address is
available, to the owner at the address of the dwelling or Commercial
property or to the party responsible for paying for the collection
services, depending upon available information
a. Civil Penalty Amounts for Types of Violations. The amount of
civil penalties for each violation shall be as adopted by
resolution of the city council that is consistent with the
applicable requirements prescribed in Government Code
Sections 53069.4, 25132, and 36900.
d. Education Period for Non -Compliance.
Beginning January 1, 2022 and through December 31, 2023, city will
conduct Inspections, Remote Monitoring, Route Reviews or waste
evaluations, and Compliance Reviews, depending upon the type of
regulated entity, to determine compliance, and if the city determines that
Organic Waste Generator, Self -Hauler, hauler, Tier One Commercial Edible
Food Generator, Food Recovery Organization, Food Recovery Service, or
other entity is not in compliance, it shall provide educational materials to the
entity describing its obligations under this ordinance and a notice that
Ordinance No. 2021-16 Page 32 of 38
compliance is required by January 1, 2022, and that violations may be
subject to administrative civil penalties starting on January 1, 2024.
(u) Civil Penalties for Non -Compliance
Beginning January 1, 2024, if the city determines that an Organic Waste
Generator, Self -Hauler, hauler, Tier One or Tier Two Commercial Edible
Food Generator, Food Recovery Organization, Food Recovery Service, or
other entity is not in compliance with this ordinance, it shall document the
noncompliance or violation, issue a Notice of Violation, and take
Enforcement Action consistent with this chapter. At the discretion of the
enforcement official, the city may also use the other remedies available
under Section 1-33.
8-84. Source reduction and recycling by franchisees and permit holders.
(a) This section is enacted for the purpose of compliance with the California Integrated
Waste Management Act of 1989 in accordance with California Public Resources Code
sections 40000 et seq. ("Act"). The city has adopted a source reduction and recycling
element and household hazardous waste element pursuant to said Act which provides
for the imposition and collection of charges to fund the preparation, adoption and
implementation of said elements. Such charges shall be determined, fixed and
established by the city council by resolution. Such charges may be changed by the city
council from time to time by resolution.
(b) A permittee or franchisee, shall comply with the following source reduction and
recycling requirements:
1. All permittees shall take all necessary steps to cause solid waste from their
collection activity to be diverted from landfills as required by permit terms
and CALGreen requirements.
2. The permittee or franchisee shall provide quarterly reports to the public
services department, on the form and in the format required by the city,
summarizing its progress in diverting solid waste generated by its
customers in the city as required by California Public Resources Code
sections 41870 and 41821. The quarterly reports shall identify the tonnage
collected, tonnage recycled, percentage of waste recycled, materials
recycled, and the facilities receiving all waste generated. In addition,
quarterly reports shall provide the level of customer specific data required
to enable the city to be in compliance with state -mandated reporting
requirements. Quarterly reports shall be due thirty (30) days after the
calendar quarter's end. Late reports shall be subject to a fine, which shall
be established by city council resolution. All requested report data shall be
Ordinance No. 2021-16 Page 33 of 38
provided. Incomplete reports shall not be accepted and shall be considered
as late reports until they are fully completed.
3. As a permittee or franchisee of the city, the permittee or franchisee shall be
an authorized recycling agent of the city and shall become the owner of all
solid waste and recyclable materials, and hazardous waste and infectious
waste collected pursuant to the permit. The permittee or franchisee is solely
responsible for arranging for the collection, transportation, recycling, and
disposal of all solid waste, hazardous waste or infectious waste collected
pursuant to the permit. The recyclables become the property of the
permittee once placed in the collection bin.
(c) A contractor self -haul permittee, as a condition of the permit, shall comply with the
following requirements to show compliance with Section 8-84:
1. Apply for per -project permits. These per -project permits are required for
each job performed during the calendar year in which the permittee is
authorized by the city to haul the solid waste they generate.
2. Pay required per -project fees, which shall be established by city council
resolution.
3. Complete and submit all required forms.
4. Divert sixty-five (65) percent of the solid waste generated by the contractor's
business activity on that project, or present the city with evidence showing
the maximum amount of solid waste was diverted from landfills.
5. Pay any penalty assessed by the city for failure to provide required reports,
weight tickets, or other requested substantiation of compliant hauling
activity requested by the city. These penalties are as follows:
a. A penalty amount equal to three (3) times the established per -project
fee, for failure to submit any required form or weight ticket for that
project.
b. A penalty amount equal to two (2) times the established per -project
fee, for failure to achieve a sixty-five (65) percent diversion rate or
provide substantiation that the maximum solid waste possible was
diverted from landfill. It shall solely be at the city's discretion, to
determine if the maximum solid waste possible was diverted from
landfill.
(d) Failure of the permittee to comply with the provisions of this section shall subject
the permittee to additional civil penalties as determined and approved by city council
pursuant to California Public Resources Code section 41954.
Ordinance No. 2021-16 Page 34 of 38
(e) Notwithstanding the provisions of Section 8-83, a person or entity owning or
occupying an industrial, commercial, multifamily residential, or residential unit shall be
permitted to create and use compost, as defined in California Public Resources Code
section 40116, on the private or public property that such person or entity owns or
occupies.
(f) The requirements of this section shall not apply to the solid waste handling
services provided by the solid waste enterprises operating under agreements with the city
or under contract with the CMSD, provided the CMSD establishes source reduction and
recycling standards that are compliant with all State mandates upon the waste collected
under the CMSD's contract. City franchise agreements will have all recycling
requirements established therein.
8-85. [intentionally omittedl.
8-86. Solid waste hauler permittees and agreement holders to comply with solid waste
agreement with Orange County.
Notwithstanding the provisions of this chapter, any person or solid waste enterprise
holding a permit or agreement issued pursuant to this chapter shall be required as a
condition of that permit or agreement to comply with the provisions of the solid waste
agreement between the County of Orange and the City of Costa Mesa, and as amended,
which agreement is attached as Appendix A to Title 8 and incorporated herein by this
reference. The provisions of this section shall be effective July 1, 1997.
Section 2. Uncodified Provisions of this Ordinance.
The following provisions of this Ordinance shall not be codified in the Costa Mesa
Municipal Code unless and until the city council so ordains.
All permittees and/or franchisees in existence at the time of the adoption of this ordinance
that had been granted a franchise under former section 8-87 shall continue to comply with
the following requirements until the expiration of their permit and/or franchise:
(a) Franchise fee. Every franchisee shall pay a franchise fee as set by city council
resolution based on the percentage of quarterly gross receipts. The purpose of the
franchise fee is to provide funds to the city to pay for the maintenance and rehabilitation
of the public highways in the city and for other general revenue purposes. Franchisees
that are permit holders shall pay an annual minimum franchisee fee in the amount of ten
thousand dollars ($10,000.00). This fee shall be prorated in the amount of two thousand
five hundred dollars ($2,500.00) per quarter beginning with the quarter in which the
franchise is granted. Such annual minimum franchisee fee payments shall be paid to the
city upon issuance of a permit pursuant to section 8-77 of this chapter and, thereafter, by
January 1 of each calendar year. Failure to timely pay franchise fees shall result in a
penalty in the amount of five (5) percent of the delinquent franchise fee owed, plus an
additional one and one-half (1.5) percent of the fee for each month, or any portion thereof,
Ordinance No. 2021-16 Page 35 of 38
that payment is late. Failure to timely pay franchise fees may also result in the
commencement of permit revocation proceedings. The annual minimum franchise fee
shall be credited only toward the franchise fees that accrue during the same calendar
year in which the minimum fee is paid. Agreement holders shall pay franchise and other
fees in the amounts and schedules established in their respective agreements.
(b) Quarterly franchise fee reports and payments. Every franchisee is required to
submit a quarterly franchise fee report and pay the established franchise fee on all gross
receipts for that quarter. Pre -paid franchise fees are used to satisfy this quarterly
obligation up to the full pre -payment amount. Failure to submit payment and the required
report within forty-five (45) days of the end of each calendar quarter shall result in a fine,
which shall be established by city council resolution, for each non -submittal. Submission
of an incomplete report shall constitute a failure to submit a report and shall be subject to
the same fine as that for non -submittal.
(c) Records requirements. Every franchisee shall maintain all records relating to its
solid waste handling services pursuant to this section, including, but not limited to,
customer lists, billing records, services requests, cash receipts records, records
demonstrating compliance with the requirements of section 8-84(b) of this chapter, and
other documents and materials that reasonably relate the franchisee's compliance with
this section. Upon five (5) business days' notice, such records shall be made available
for city inspection at the franchisee's regular place of business. If the franchisee's regular
place of business is not located within the county, the franchisee shall make such records
available for city inspection at a location within the county, as determined by the city.
(d) Audit requirements. An independent auditing firm shall perform an audit, at the
city's expense, of any franchisee's records (the "city audit") to ensure compliance with the
provisions of this section on an annual and/or as -needed basis, to be determined by the
city. The scope of the city audit shall be set by city council resolution. If a city audit
determines that a franchisee has not paid its full franchise fee, the city shall invoice the
franchisee for the amount of the net deficiency plus a penalty fee equal to twenty (20)
percent of the net deficiency.
(e) Exemption for CMSD. The franchise fee imposed pursuant to this section shall not
be imposed upon any hauling performed under franchise or contract with the Costa Mesa
Sanitary District for any revenue the solid waste enterprise earns under that franchise or
contract.
Section 3. Environmental Compliance. Pursuant to the provisions of the
California Environmental Quality Act ("CEQA") (California Public Resources Code
Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the
ordinance is not a "project" and further, that it can be seen with certainty that there is no
possibility that the ordinance in question may have a significant effect on the environment,
either directly or indirectly, and that therefore no environmental review under the CEQA
is required, pursuant to CEQA Guidelines Section 15061(b)(3). In addition, the
Ordinances is exempt pursuant to CEQA Guidelines Section 15308 (Class 8, Actions by
Ordinance No. 2021-16 Page 36 of 38
Regulatory Agencies for the Protection of the Environment) because the adoption of this
Ordinance is required to comply with state law in order to protect the environment.
Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such
inconsistencies and no further, are repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
Section 5. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The city council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, State, or Federal law, regulation,
or codes dealing with life safety factors.
Section 6. Effective Date. This Ordinance shall become effective thirty (30)
days from its adoption.
Section 7. Certification. The City Clerk shall certify the passage and adoption
of this Ordinance and shall cause the same to be posted or published in the manner as
required by law.
Ordinance No. 2021-16 Page 37 of 38
PASSED AND ADOPTED this 19th day of October, 2021.
ATTEST:
Brenda reen, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA 1
John Stephens, Mayor
APPROVED AS TO FORM:
Kimberly II Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the
above and foregoing Ordinance No. 2021-16 was duly introduced for first reading at a regular
meeting of the City Council held on the 51h day of October 2021, and that thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 19th
day of October, 2021, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS,
MARK, AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 2011 day of October, 2021.
6 0",
10 -- �
Ordinance No. 2021-16 Page 38 of 38