6519ORDINANCE NO.6 519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING AND RESTATING CHAPTER 10.10
(WASTE COLLECTION AND DISPOSAL), CHAPTER 10.11
(BINS AND DROP-OFF BOXES), SECTION 10.12.085
(SEWER IMPACT AND IMPROVEMENT FEE (COMBINING
CENTRAL ANAHEIM AREA)), SECTION 10.12.090 (SEWER
IMPACT AND IMPROVEMENT FEE (WEST CITY AREA)),
AND SECTION 10.12.095 (SEWER IMPACT AND
IMPROVEMENT FEE (EAST CITY AREA)) OF THE
ANAHEIM MUNICIPAL CODE AND DETERMINING THAT
THIS ORDINANCE IS EXEMPT FROM THE
REQUIREMENTS TO PREPARE ADDITIONAL
ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTIONS 15060(C)(2) AND 15061 (13)(3).
WHEREAS, California State Senate Bill No. 1383 (SB 1383), proposed by
former State Senator Lara and signed into law by former Governor Brown on September 19, 2016,
aims to reduce organic waste disposal in landfills by 75% and increase edible food recovery by
20%; and
WHEREAS, SB 1383 is the most significant and aggressive waste reduction
mandate to be adopted in the State of California in the last 30 years and requires all cities to
implement a mandatory organics and enforcement recycling ordinance by January 1, 2022, and
implement organics recycling collection programs that capture food scraps, yard and landscaping
waste, and paper products, among other organic waste materials, for all businesses, residents, and
multi -family properties; and
WHEREAS, SB 1383 tasked the California Department of Resources Recycling
and Recovery (CalRecycle), the State agency that administers California's waste and recycling
programs, to develop prescriptive regulations to achieve SB 1383's organic waste diversion goals
by 2025.Over the last two years, CalRecycle conducted informal hearings with local governments
and stakeholders to develop regulations that will achieve the state goals; and
WHEREAS, SB 1383 builds upon existing Assembly Bill 1826 (AB 1826), which
requires business generating two (2) or more cubic yards of solid waste per week, and multi -family
properties with five or more units, to recycle their organic waste (under AB 1826, multi -family
properties are only required to recycle landscaping and yard waste and not food scraps).
Additionally, AB 1826 requires the City to implement a food scrap recycling collection program
for businesses, and identify and notify non -compliant businesses. AB 1826 has resulted in a
significant expansion of the City's commercial organic waste recycling program, but additional
measures must be taken to achieve the required 100% program participation rate and include
residential organics recycling, per SB 1383; and
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effect (2022 and 2023). Taking an educational approach will allow the City and its franchise waste
hauler to work with the community and inform them of the ordinance being in effect and what, if
any, actions need to be taken to be considered SB 1383 compliant; and
WHEREAS, the City Council determines that this ordinance is a matter of
citywide importance and necessary for the preservation and protection of the public peace, health,
safety and/or welfare of the community and is a valid exercise of the local police power and in
accord with the public purposes and provisions of applicable State and local laws and
requirements; and
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is exempt
from the requirements to prepare additional environmental documentation pursuant to CEQA
Guidelines Sections 15060(c)(2) and 15061(b)(3) because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment and the activity is covered by the common
sense exemption that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. The proposed Code amendment meets these criteria because
the proposed amendments and would provide clarity, create consistency of terms and definitions,
and there are no unusual circumstances in respect to the proposed project for which staff would
anticipate a significant effect on the environment because there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 10.10 of the Anaheim Municipal Code is hereby deleted in its entirety and replaced
with the following new Chapter 10.10, to read in full as follows:
"CHAPTER 10.10 WASTE RECYCLABLE MATERIALS, ORGANIC
MATERIALS, AND SOLID WASTE COLLECTION AND DISPOSAL
10.10.010 Definitions.
10.10.020 Supervision of collections and/or franchises.
10.10.030 Specifications for solid waste containers.
10.10.040 Procedures for the handling and storage of city solid waste and recyclable
materials.
10.10.050 Placement of containers for collection.
10.10.060 Frequency of solid waste collection.
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10.10.070 Procedures for the disposal of hazardous and qualified household hazardous
waste.
10.10.080 Enclosures for solid waste containers.
10.10.090 Transportation of medical waste, hazardous waste or qualified household
hazardous waste.
10.10.100 Emergencies.
10.10.110 Illegal disposal of solid waste, medical waste, hazardous waste or qualified
household hazardous waste.
10.10.120 Failure to correct after notification.
10.10.130 Enforcement provisions.
10.10.010 DEFINITIONS.
For the purposes of this chapter, the following words, terms, phrases and their derivations
shall have the meanings specified herein.
.010 "Bulk Containers" shall mean bins furnished or supplied by the City or its
Franchisee.
.020 "California Code of Regulations" or "CCR" means the State of California Code
of Regulations. CCR references in this ordinance are preceded with a number that refers to the
relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
.030 "CalRecycle" means California's Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for developing, implementing,
and enforcing SB 1383 regulations on Cities (and others).
.040 "Citation" or "Administrative Citation" means civil citation issued pursuant to
Title 1, Chapter 1-3, stating that there has been a violation of one or more provisions of this code
and setting the amount of the administrative penalty to be paid by the responsible party.
.050 "City" shall mean the City of Anaheim.
.060 "City Enforcement Official" means the City Manager or their authorized
Designee(s) who is/are partially or whole responsible for enforcing the ordinance.
.070 "City Manager" shall mean the City Manager of the City of Anaheim, or their
designated representative.
.080 "City Solid Waste" shall mean any solid waste which was originally discarded by
the first generator thereof, prior to any processing, within the geographical limits of the City.
.090 "Commercial Business" or "Commercial" means any building or site in any zone
of the City, other than residential premises, from which any business, service, non-profit,
governmental, institutional, commercial or industrial activity is conducted including, without
limitation, motels, hotels, recreational vehicle parks, restaurants, professional offices,
clubhouses, places of entertainment, manufacturing plants, and private schools, or a multifamily
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residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi -Family
Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for
purposes of implementing this ordinance.
.100 "Commercial Edible Food Generator" includes a Tier One or a Tier Two
Commercial Edible Food Generator as defined in 10.10.010.840 and 10.10.010.850 of this
ordinance or as otherwise defined in 14 CCR Section 18982(a) (73) and (a) (74). For the
purposes of this definition, Food Recovery Organizations and Food Recovery Services are not
Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a) (7).
.110 "Community Composting" means any activity that composts Organic Material,
agricultural material, food material, and vegetative food material, alone or in combination, and
the total amount of feedstock and Compost on -site at any one time does not exceed 100 cubic
yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined
by 14 CCR Section 18982(a)(8).
.120 "Compliance Review" means a review of records by City to determine
compliance with this Chapter.
.130 "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which
stated, as of the effective date of this ordinance, that "Compost" means the product resulting
from the controlled biological decomposition of organic solid wastes that are Source Separated
from the municipal Solid Waste stream, or which are separated at a centralized facility.
.140 "Compostable Plastics" or "Compostable Plastic" means plastic materials that
meet the ASTM D6400 standard for compostability, or as otherwise specified by 14 CCR Section
18982(a)(18).
.150 "Contaminated" or "Contamination" (or any variation thereof) means the
following: (i) Discarded Materials placed in a Recyclable Materials Container that are not
identified as Recyclable Materials; (ii) Discarded Materials placed in the Organic Materials
Container that are not identified as Organic Materials; (iii) Discarded Materials placed in the
Solid Waste Container that are identified as Recyclable Materials and/or Organic Materials,
which are to be separately collected; and/or, (iv) Excluded Waste placed in any Container.
.160 "Container(s)" means a receptacle for temporary storage of Discarded Materials.
Containers include, but are not limited to bins, carts, barrels, roll -off boxes, compactors, cans,
buckets, or other storage instruments.
.170 "Container Contamination" or "Contaminated Container" means a Container,
regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in
14 CCR Section 18982(a)(55).
.180 "Construction and Demolition Debris" or "C&D Debris" shall mean City solid
waste generated, produced or discarded in connection with construction, demolition,
landscaping, or general clean-up activities within the City including, without limitation,
concrete, plaster, drywall, wood scraps, metals, dirt, rock and rubble.
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190 "County" means the County of Orange.
.200 "Designee" means an entity that a City contracts with or otherwise arranges to
carry out any of the City's responsibilities of this Chapter and 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.
.210 "Discarded Material(s)" means Recyclable Materials, Organic Materials, and/or
Solid Waste, excluding Excluded Waste.
.220 "Disposal" means the ultimate disposition of Solid Waste Collected at a landfill
or otherwise in full regulatory compliance.
.230 "Divert" or "Diversion" (or any variation thereof) means to prevent Discarded
Materials from Disposal at landfill or transformation facilities, (including facilities using
incineration, pyrolysis, distillation, gasification, or biological conversion methods) through
source reduction, reuse, Recycling, composting, anaerobic digestion or other method of
Processing.
.240 "Edible Food" means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise
defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and
not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or
authorizes the Recovery of Edible Food that does not meet the food safety requirements of the
California Retail Food Code.
.250 "Enforcement" means an action of the City to address non-compliance with this
ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using
other remedies.
.260 "Excluded Waste" or "Prohibited Waste" means hazardous substance, hazardous
waste, infectious waste, designated waste, volatile, corrosive, Medical Waste, sharps, infectious,
regulated radioactive waste, and toxic substances or material that facility operator(s), which
receive materials from the City and its generators, reasonably believe(s) would, as a result of or
upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law,
regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be
disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in
City's, or its Designee's, reasonable opinion would present a significant risk to human health or
the environment, cause a nuisance or otherwise create or expose City, or its 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 electronic waste, universal waste, used motor oil and filters,
or household batteries when such materials are defined as allowable materials for collection
through the City's collection programs and the generator or customer has properly placed the
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materials for collection pursuant to instructions provided by City or its Designee for collection
services.
.270 "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).
.280 "Food Facility" has the same meaning as in Section 113789 of the Health and
Safety Code.
.290 "Food Recovery" means actions to collect and distribute food for human
consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section
18982(a)(24).
.300 "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, including, but not
limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code; and,
(3) A nonprofit charitable temporary Food Facility as defined in Section 113842 of
the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to
14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food
Recovery Organization differs from this definition, the definition in 14 CCR Section
18982(a)(25) shall apply to this ordinance.
.310 "Food Recovery Service" means a person who or entity that collects and
transports Edible Food from a Commercial Edible Food Generator to a Food Recovery
Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section
18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the
purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to
14 CCR Section 18982(a)(7).
.320 "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 Scraps is a subset of Food Waste.
.330 "Food Service Provider" means an entity primarily engaged in providing food
services to institutional, governmental, Commercial, or industrial locations of others based on
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contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR
Section 18982(a)(27).
.340 "Food -Soiled Paper" is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins,
pizza boxes, and milk cartons.
.350 "Food Waste" means Food Scraps and Food -Soiled Paper.
.360 "Franchisee" shall mean any person, persons, firm or corporation to whom a
franchise has been granted by the City for the collection, processing, Recycling and Disposal of
Discarded Materials.
.370 "Generator" means a person or entity that is responsible for the initial creation of
one or more types of Discarded Materials.
.380 "Grocery Store" means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a bakery,
deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
.390 "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).
.400 "Hazardous Waste" shall mean (a) any waste which, by reason of its quality,
concentration, composition, physical, chemical, or infectious characteristics may do either of the
following: cause, or significantly contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored, transported, or disposed
of, or otherwise mismanaged, or any waste which is defined or regulated as a hazardous waste,
toxic substance, hazardous chemical substance or mixture, or asbestos under applicable law, as
amended from time to time including, but not limited to: (1) the Resource Conservation and
Recovery Act and the regulations contained in 40 CFR Parts 260-281, inclusive; (2) the Toxic
Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40
CFR Parts 761-766, inclusive; (3) Section 25117 of the California Health and Safety Code
(West 1984 and Supp. 1991); (4) Section 40141 of the California Public Resources Code; and
(5) future additional or substitute federal, state or local laws pertaining to the identification,
treatment, storage or disposal of toxic substance or hazardous waste; and (b) radioactive
materials which are source, special nuclear or by-product material as defined in the Atomic
Energy Act of 1954 (42 U.S.C. Sections 2011, et seq.) and the regulations contained in 10 CFR
Part 40.
.410 "High Diversion Organic Materials Processing Facility" means a permitted
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
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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 Material received from the One -
Container System.
.420 "Inspection" means a site visit where a Designee of the City reviews records,
Containers, and an entity's collection, handling, Recycling, or landfill Disposal of Organic
Material or Edible Food handling to determine if the entity is complying with requirements set
forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
.430 "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 not limited to, a public, nonprofit, or privately owned park, parking lot, golf course,
street system, or other open space when being used for an event. If the definition in 14 CCR
Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38)
shall apply to this ordinance.
.440 "Large Venue" means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of operation of
the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7,
Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned
or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo,
aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or
other public attraction facility. For purposes of this ordinance and implementation of 14 CCR,
Division 7, Chapter 12, a site under common ownership or control that includes more than one
Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If
the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14
CCR Section 18982(a)(39) shall apply to this ordinance.
.450 "Medical Waste" shall mean waste capable of producing an infection or
pertaining to or characterized by the presence of pathogens including, without limitation, certain
wastes generated by medical practitioners, hospitals, nursing homes, medical testing
laboratories, mortuaries, taxidermists, veterinarians, veterinary hospitals and any waste which
includes animal wastes or parts from slaughterhouses or rendering plants.
.460 "Mixed Waste Organic Collection Stream" or "Mixed Waste" means Organic
Waste or Solid Waste collected in a container that is required by 14 CCR Sections 18984.1,
18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as
otherwise defined in 14 CCR Section 17402(a)(11.5).
.470 "Multi -Family Residential Dwelling" or "Multi -Family" for the purpose of SB
1383 means of, from, or pertaining to residential premises with five (5) or more dwelling units.
Multi -Family premises do not include hotels, motels, or other transient occupancy facilities,
which are considered Commercial Businesses.
.480 "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).
.490 "Non -Local Entity" means the following entities that are not subject to the City's
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City.
(2) Federal facilities located within the boundaries of the City.
(3) Public universities (including community colleges) located within the boundaries
of the City.
(4) State agencies located within the boundaries of the City.
.500 "Non -Organic Recyclables" means non-putrescible and non -hazardous
Recyclable Materials including but not limited to bottles, cans, metals, plastics and glass, or as
otherwise defined in 14 CCR Section 18982(a)(43).
.510 "Notice of Violation (NOV)" means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14
CCR Section 18982(a)(45).
.520 "Nuisance" shall mean anything which is injurious to health, or is indecent or
offensive to the senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property, or another condition specified in Section 3479 of the
Civil Code of the State of California.
.530 "Organic Materials" means Yard Waste and Food Waste that are set aside,
handled, packaged, or offered for collection in a manner different from Solid Waste for the
purpose of processing. Organic Materials is a subset of Organic Waste.
.540 "Organic Materials Container" shall be used for the purpose of storage and
collection of Source Separated Organic Materials.
.550 "Organic Waste" means Solid Waste 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).
.560 "Paper Products" include, but are not limited to paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as
otherwise defined in 14 CCR Section 18982(a)(51).
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.570 "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, cardstock, index cards, calendars, brochures, reports, magazines, and publications, or as
otherwise defined in 14 CCR Section 18982(a)(54).
.580 "Premises" means and includes any land, building and/or structure, or portion
thereof, in the City where Discarded Materials are produced, generated, or accumulated. All
structures on the same legal parcel, which are owned by the same person shall be considered as
one Premises.
.590 "Prohibited Container Contaminants" the definition is dependent on which
collection program is currently offered by the Franchisee. Collection Program Types are
provided below:
(1) Collection Program 1, Three -Container System or three -plus -container collection
service (Recyclable Materials Container, Organic Materials Container, and Solid Waste
Container): "Prohibited Container Contaminants" means the following: (i) Discarded Materials
placed in the Recyclable Materials Container that are not identified as acceptable Source Separated
Recyclable Materials for the City's Recyclable Materials Container; (ii) Discarded Materials
placed in the Organic Materials Container that are not identified as acceptable Source Separated
Organic Materials for the City's Organic Materials Container; (iii) Discarded Materials placed in
the Solid Waste Container that are acceptable Source Separated Recyclable Materials and/or
Source Separated Organic Materials to be placed in City's Organic Materials Container and/or
Recyclable Materials Container; and, (iv) Excluded Waste placed in any container.
(2) Collection Program 2, Two -Container System service for Source Separated
Organic Materials and mixed materials): "Prohibited Container Contaminants" means the
following: (i) Discarded Materials placed in a Organic Materials Container that are not identified
as acceptable Source Separated Organic Materials for the City's Organic Materials Container; (ii)
Discarded Materials placed in the Solid Waste Container that are identified as acceptable Source
Separated Organic Materials, which are to be separately collected in City's Organic Materials
Container; and, (iii) Excluded Waste placed in any container.
(3) Collection Program 3, Two -Container System service for Source Separated
Recyclable Materials and mixed materials): "Prohibited Container Contaminants" means the
following: (i) Discarded Materials placed in a Recyclable Materials Container that are not
identified as acceptable Source Separated Recyclable Materials for City's Recyclable Materials
Container; (ii) Discarded Materials placed in the Solid Waste Container that are identified as
acceptable Source Separated Recyclable Materials, which are to be separately collected in City's
Recyclable Materials Container; and, (iii) Excluded Waste placed in any container.
.600 "Qualified Household Hazardous Waste" shall mean waste materials determined
by the California Integrated Waste Management Board, or such governmental body as may
succeed to its duties and powers under applicable law, or by the Department of Health Services,
the Water Resources Control Board, or the Air Resources Board of the State of California to be:
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(1) Of a nature that they must be listed as hazardous in State statutes and regulations; or
(2) Toxic/ignitable/corrosive/reactive; or
(3) Carcinogenic/mutagenic/teratogenic;
and which are discarded from households, as opposed to businesses. Qualified household
hazardous waste shall not include hazardous waste.
.610 "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).
.620 "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).
.630 "Recyclable Materials" means materials, by-products, or components of such
materials set aside, handled, packaged, or offered for collection in a manner different from Solid
Waste for the purpose of Recycling.
.640 "Recyclable Materials Container" shall be used for the purpose of storage and
collection of Source Separated Recyclable Materials, including Non -Organic Recyclables or
Source Separated Organic Waste that is accepted through the City's Recycling program,
including Paper Products and Printing and Writing Paper.
.650 "Recycle" or "Recycling" shall mean the process of collecting, sorting, cleansing,
treating, and reconstituting or otherwise processing materials that are or would otherwise become
solid waste and returning 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. Recycling includes processes deemed to constitute a reduction of landfill disposal
pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification
or transformation, as defined in Public Resources Code Section 40201.
.660 "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).
.670 "Refuse" shall mean all non -recyclable solid waste, trash, garbage, rubbish, offal,
animal waste, and any other non -recyclable matter rejected as useless by the owner or producer
thereof, whether combustible or non-combustible, except said term shall not include hazardous
waste, qualified household hazardous waste or medical waste as defined in this chapter.
.680 "Residential Premises" means of, from, or pertaining to any single-family
Premises with fewer than five (5) units.
.690 "Responsible Party" means the owner, property manager, tenant, lessee,
occupant, or other designee that subscribes to and pays for Recyclable Materials, Organic
Materials, and/or Solid Waste collection services for a Premises in the City, or, if there is no
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such subscriber, the owner or property manager of a Single -Family Premises, Multi -Family
Premises, or Commercial Premises. In instances of dispute or uncertainty regarding who is the
Responsible Party for a Premise, Responsible Party shall mean the owner of a Single Family
Premises, Multi -Family Premises, or Commercial Premises.
.700 "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).
.710 "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).
.720 "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.
.730 "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the
purposes of this ordinance, the Short -Lived Climate Pollutants: Organic Waste Reduction
regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7,
Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
.740 "Self -Haul" means to act as a Self -Hauler.
.750 "Self -Hauler" means a person, who hauls Solid Waste, Organic Waste or
Recyclable Material they have generated to another person. Self -hauler also includes a
landscaper, or a person who back -hauls waste. Back -haul means generating and transporting
Recyclable Materials or 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).
.760 "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:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
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(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter
8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety
Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety
Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed
to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(4) Recyclable Materials, Organic Waste, and Construction and Demolition Debris
when such materials are Source Separated.
.770 "Solid Waste Container" shall be used for the purpose of storage and collection
of Solid Waste.
.780 "Source Separated" or "Source -Separated (materials)" means materials, including
commingled Recyclable Materials and Organic Materials, that have been separated or kept
separate from the Solid Waste/Mixed Waste stream, at the point of generation, for the purpose
of additional sorting or processing those materials for Recycling or reuse in order to return them
to the economic mainstream in the form of raw material for new, reused, or reconstituted
products, which meet the quality standards necessary to be used in the marketplace, or as
otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source
Separated shall include separation of materials by the Generator, Responsible Party, or
Responsible Party's employee, into different containers.for the purpose of collection such that
Source -Separated materials are separated from Solid Waste/Mixed Waste for the purposes of
collection and processing.
.790 "Source Separated Organic Materials" means Organic Materials that are Source
Separated and placed in an Organic Materials Container.
.800 "Source Separated Recyclable Materials" means Recyclable Materials that are
Source Separated and placed in a Recyclable Materials Container.
810 "State" means the State of California.
.820 "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).
.830 "Three -Container System" means a collection system in which generators are
required to source separate Discarded Materials into three streams: Solid Waste, Source
Separated Recyclable Materials and Source Separated Organic Materials for placement in
Containers specifically designated for those materials.
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.840 "Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply
to this ordinance.
.850 "Tier Two Commercial Edible Food Generator" means a Commercial Edible
Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
(2) Hotel with an on -site Food Facility and 200 or more rooms.
(3) Health facility with an on -site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on -site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply
to this ordinance.
.860 "Two -Container System" means a collection system in which generators are
required to source separate Discarded Materials into two streams and is dependent on the
collection program currently available in the City. Two -Container System Types are provided
below:
A) Solid Waste and Recyclable Materials are collected together in a Solid Waste
Container, and Source Separated Organic Materials are collected in an Organic
Materials Container
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B) Solid Waste and Organic Materials and collected together in a Solid Waste Container,
and Source Separated Recyclable Materials are collected in an Recyclable Materials
Container
.870 "Uncontainerized 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).
.880 "Waiver Holder" means a Commercial Business that may apply for a waiver
under Section 10.10.120. Under these circumstances, the City Manager or their Designee may
issue special written permits (waivers) authorizing variations from the provisions of this Chapter.
Special written permits include de minimis waivers and physical space waivers.
.890 "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).
.900 "Yard Waste" means types of Organic Waste resulting from normal yard and
landscaping installation, maintenance, or removal. Yard Waste is a subset of Organic Waste.
10.10.020 SUPERVISION OF COLLECTIONS AND/OR FRANCHISEES.
.010 The City may contract for Discarded Material services, and such services may be
the exclusive right of the Franchisee, subject to provisions and exclusions as reflected in a written
agreement between City and Franchisee. The agreement shall, at a minimum, identify the
services to be provided for, including, but not limited to: type of material to be collected,
frequency of collection, and planned disposition of material following collection. The agreement
shall additionally describe effective date of the agreement, the term, and shall identify any and
all options for term extension, and the rates and/or fees to be charged to ratepayers as approved
by council. If a conflict is discovered in relation to the exclusive franchise with Franchisee, the
franchise agreement, and any amendments thereto, shall control.
.020 The City and its duly authorized agents and employees, or Franchisee(s) and their
duly authorized agents and employees, shall have the exclusive right to gather, collect and
Dispose of Solid Waste, including Refuse, Recyclable Materials and Organic Materials, from all
Premises in the City in accordance with the provisions of this chapter; except that Self -Haulers
as defined in this chapter shall have the right, in a lawful manner, to dispose of any Solid Waste
generated from their own activities.
.030 Recyclable Materials and/or Organic Materials which are placed within the public
right-of-way or within a Container furnished by the City or its Franchisee for collection purposes
shall become the property of the City. It shall be unlawful for any person other than the
employees or Franchisees of the City acting in the scope of their agency or employment to
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remove such material from the public right-of-way or Container, or transport over the public
streets of the City any Recyclable Material and/or Organic Materials so removed.
.040 The City Manager shall have charge and supervision of such collection and
disposal and shall prescribe and establish the routes and days thereof. When such routes and/or
days of collection are established or changed, the City Manager or their Designee shall give
appropriate notice thereof to the public.
.050 The City Manager may establish such procedures as may be deemed necessary
for reporting of materials reduced, Recycled or composted by business establishments doing
business within the City of Anaheim, to determine quantities of materials pertaining to the
achievement of reduction and Recycling goals of twenty-five percent by 1995 and fifty percent
by 2000, as set forth in Section 41780 of the Government Code.
.060 All Discarded Materials collected within the City's boundaries, shall be delivered
to transfer, processing and Disposal facilities under such conditions as the City Manager or City
Council may designate and in accordance with applicable law.
.070 The exclusive Franchisee shall comply with education, equipment, signage,
Container labeling, Container color, contamination monitoring, reporting and other requirements
contained within its franchise agreement entered into with City.
.080 The City and its duly authorized agents, servants and employees, or any other
contractors with whom the City may at any time enter into a contract or franchise therefor, and
the agents, servants and employees of such contractors, while any such contract shall be in force,
shall have the exclusive right to services as identified in this Chapter, and in the franchise
agreement, from all premises in the City (unless otherwise noted herein or in the agreement);
and no person shall provide services, convey or transport any material in, along or over any
public street, alley or highway in the City, or take any materials from any Container in which
the same may be placed for collection or removal, or interfere with or disturb any such Container,
or remove any such Container from any location where the same is placed by the owner thereof.
.090 City Manager or their Designee, upon written approval by City, is authorized to
charge a Contamination fee to Generators with Prohibited Container Contaminants observed in
their collection Containers. If a Contamination fee is charged, City Manager or their Designee
shall leave a Contamination fee notice attached to or adhered to the Generators' Contaminated
Containers, at the Premises' door or gate, or may deliver the notice by mail or electronic
communication.
10.10.030 SPECIFICATION OF SOLID WASTE COLLECTION - LIMITATIONS
.010 The exclusive right of any Franchisee to collect Solid Waste, Recyclable Materials,
and Organic Materials is subject to the following exclusions and any additional exclusions
identified in the franchise agreement with the City:
(1) Self -Haul: Solid Waste, Recyclable Material, and/or Organic Materials may be
removed and personally transported from a premises by the owner or occupant for the purpose of
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lawfully delivering same to a facility authorized and permitted to receive and handle such
materials. Owners or occupants may delegate the responsibility of delivering such materials to a
facility to a third party if it is done on a voluntary basis and no compensation is tendered in
exchange for the service or rental of Containers.
(2) Gardeners and Landscapers: A gardener or landscaper may collect, transport, and
Dispose of Yard Waste generated as an incidental part of providing gardening, landscape
maintenance service, provided the gardener or landscaper shall not be a hauling service or Solid
Waste enterprise, and shall not separately or additionally charge for the incidental service of
removing, transporting, or disposing of the Yard Waste, and shall use only employees and owned
vehicles and equipment to collect, transport, and dispose of same.
(3) Contractors and Remodelers: A construction contractor, holding a contractor's
license issued by the State of California, may collect, transport, and Dispose of inert materials or
C&D Debris from remodeling or construction jobs generated as an incidental part of providing
such remodeling or construction services, if the construction contractor is not a hauling service or
solid waste enterprise, does not separately or additionally charge for the incidental service of
removing, transporting, or Disposing of the inert materials or demolition waste, and use only their
employees and owned equipment to collect, transport, and Dispose of same. For any project
covered by CALGreen, Contractor will comply with statuary obligations under various State
legislation and California Green Building Codes.
(4) Other: Additional limitations and exclusions as may be set forth in the franchise
agreement.
10.10.040 SPECIFICATION OF SOLID WASTE COLLECTION — PERMITTED SELF -
HAULER REQUIREMENTS
010 Every permitted Self -Hauler shall either:
(1) Source Separate all Recyclable Materials and Organic Materials (materials that City
otherwise collects in their Organic Materials and Recyclable Materials collection services)
generated on site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and
18984.2, and transport Solid Waste to permitted transfer or Disposal facility; haul their Source
Separated Recyclable Materials to a facility that recovers those materials; and, haul their Source
Separated Organic Waste to a facility, operation, activity, or property that processes or recovers
Source Separated Organic Waste; or,
(2) Alternatively, Self -Haulers may haul Discarded Materials to a City approved High
Diversion Organic Material Processing Facility
.020 Self -Haulers that are Responsible Parties of Commercial Businesses or Multi -
Family Premises shall keep records of the amount of Recyclable Materials, Organic Waste,
and Solid Waste delivered to each facility, operation, activity, or property that processes or
recovers Recyclable Materials and Organic Waste and processes or Disposes of Solid
Waste or shall keep records of Solid Waste delivered to High Diversion Organic Waste
Processing Facilities. Self -Haulers shall retain all records and data required to be
maintained by this Section for no less than five (5) years after the Recyclable Materials,
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Organic Materials, and/or Solid Waste recorded was first delivered to the entity accepting
the material. These records shall be subject to Inspection by the City or its Designee. The
records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the Recyclable
Materials, Organic Materials, and Solid 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 Recyclable Materials, Organic
Materials, and Solid Waste. Records shall include name, address, city, state, zip code, phone
number, and email of entity.
.030 A Self -Hauler maybe required to apply for a Self -Hauler Permit in accordance with
City's administrative policies (which may include, but are not limited to fees and the requirement
to provide additional information). These requirements may change at any time without notice.
.040 Self -Haulers that are Commercial Businesses or Multi -Family Premises shall
provide copies of records required by this Section to City if requested by the City Manager or their
Designee and shall provide the records at the frequency requested by the City Manager or their
Designee.
.050 Yard Waste diversion required in landscaping contracts between Commercial
Business and their vendor:
(.010) A Commercial Business contracting for gardening or landscaping services
shall require written contracts which contain the following provisions:
(1) All Yard Waste generated at the Premises by the landscaping or
gardening service shall be Diverted from Disposal by one or more of the methods
in Section 10.10.040.010.
(2) A requirement that the landscaper, gardener or any third party(ies)
certify that the requirements set forth in subsection (a) of this Section are being met.
(3) A requirement that the landscaper, gardener or any third party(ies)
annually, on or before July Pt, certify that it is compliant with this Section by
completing and submitting a City -provided reporting form.
(4) A requirement that the landscaper, upon request of Commercial
Business, gardener or any third party(ies) provide copies of weight tickets from the
permitted processing facility(ies) where the Yard Waste from Premises within City
were delivered by the landscaper or gardener.
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(.020) Upon City request, beginning January 1, 2022, Commercial Businesses that
contract with a landscaping or gardening service shall complete and submit a compliance
reporting form as provided by the City with the following items attached:
(1) Copies of landscaper, gardener, or any other third party(ies)
certification(s) that certify that the requirements set forth in subsections (A) of this
Section were met during the preceding twelve (12) months.
(.030) Upon request by the City, a Commercial Business contracting for
gardening or landscaping services shall provide copies of the contracts, receipts and/or
weight tickets from the permitted processing facility(ies) to the City within thirty (30)
calendar days of service of the request.
10.10.050 SPECIFICATIONS FOR SOLID WASTE CONTAINERS.
.010 Solid waste Containers including, but not limited to, residential Containers, ,
Organic Materials Containers, and Recyclable Material Containers, shall be furnished by the
City or its Franchisee, unless otherwise exempted or specifically approved by the City Manager
or their Designee.
.020 Each Container shall be kept in a clean and sanitary condition by the Responsible
Party in charge of the Premises which said Container serves.
.030 The combined weight of each Discarded Materials Container and the contents
thereof shall not exceed the Franchisee's Container load capacity as described in the franchise
agreement, and contents shall not extend above the level rim of the Container.
.040 The Franchisee will provide customers with Containers as directed by the City
Manager or Designee under the terms of the franchise agreement.
10.10.060 PROCEDURES FOR THE HANDLING AND STORAGE OF CITY SOLID
WASTE, RECYCLABLE, AND ORGANIC MATERIALS.
City Discarded Materials shall be placed directly into Containers except as hereinafter
provided:
.010 Discarded Materials shall first be drained and wrapped to eliminate odor, leakage
and fly and rodent infestation before being placed in Containers.
.020 Waste and manure from animals, except that generated from farms or stables,
shall first be placed in moisture -resistant bags, securely sealed to prevent leakage, odor, and fly
and rodent infestation, before being placed in Solid Waste Containers.
.030 Medical waste shall be stored, transported and disposed of in accordance with
Article 13 of the California Administrative Code, as the same may be amended from time to
time.
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.040 Cold ashes and dust shall be placed in disposable bags securely sealed to prevent
leakage before being placed in solid waste containers.
.050 Yard Waste, including grass clippings, cuttings, leaves and smaller vegetation
including shrubs, brush and tree trimmings cut into short lengths no more than 36 inches shall
be placed in Organic Materials Containers,— or other containers as specified by the City Manager
or their Designee.
.060 Boxes and crates shall be dismantled or flattened. Boxes and crates constructed
of Recyclable Materials shall be placed in a Container designated for Recyclable Materials.
.070 Construction and Demolition Debris or manure from farms and stables shall be
stored in approved Containers in a manner so as not to create a nuisance and at a location
approved by the City Manager or their Designee.
.080 It shall be unlawful for any person to place contaminated materials or any
Prohibited Container Contaminants which are not designated to go into specified Refuse,
Recyclable Materials, or Organics Materials Container designed for Refuse, Recyclable
Materials, or Organic Materials. Further, it shall be unlawful for any person to place Discarded
Materials placed in the Solid Waste Container that are acceptable Source Separated Recyclable
Materials and/or Source Separated Organic Materials that may be placed in City's Organic
Materials Container or Recyclable Materials Container.
.090 Every person occupying or having control of any Premises shall insure that a
sufficient number of Containers are available to properly store all Discarded Materials generated
at said premises.
.100 Hazardous Waste and qualified household Hazardous Waste shall not be placed
and/or stored in Discarded Materials Containers but shall be disposed of as hereinafter specified
and in accordance with Chapter 6.5 of Division 20 of the California Health and Safety Code, as
the same may be amended from time to time.
10.10.070 PLACEMENT OF CONTAINERS FOR COLLECTION.
.010 Every person occupying or having charge or control of any residence in the City
of Anaheim shall place all Solid Waste, Recyclable Materials and Organics Materials for
collection at a curb, parkway, or alley adjacent to the Premises, the exact location of which shall
be approved by the City Manager or their Designee. The City Manager or their Designee may
also approve alternate locations which are readily accessible for collection.
.020 Residential Discarded Materials shall be placed for collection at the prescribed
location only between the hours of 4:00 p.m. of the day prior to collection and no later than 7:00
a.m. of the day of collection. Containers shall be removed no later than 12:00 midnight the day
of collection. The City Manager or their Designee may approve alternate locations for the storing
of containers if it is impractical based on the physical layout of the property or other factors to
store Containers in an area screened from public view.
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.030 Persons utilizing bulk Containers for residences, unless said Containers are stored
in an approved enclosure accessible for collection, shall place such bulk Containers for collection
and remove them on a time schedule approved by the City Manager or their Designee.
.040 Persons in charge of Commercial and industrial establishments shall place
Discarded Materials for collection at a location determined and approved by the City Manager
or their Designee
.050 Persons in charge of Commercial and industrial establishments shall place
Discarded Materials for collection no earlier than closing time of the day prior to collection.
Containers shall be removed no later than 10:00 p.m. the day of collection.
.060 Persons in charge of Commercial and industrial establishments utilizing Bulk
Containers shall, unless said Containers are stored in an approved enclosure accessible for
collection, place such Containers for collection and remove same on a time schedule approved
by the City Manager or their Designee.
10.10.080 FREQUENCY OF SOLID WASTE COLLECTION.
Solid Waste collections shall be made as follows:
.010 Single-family dwellings, duplexes, triplexes, and apartments of four or fewer
units shall receive one Discarded Materials collection of Solid Waste, Recyclable Materials, and
Organic Materials per week.
.020 Apartment complexes of five or more units shall use Bulk Containers provided
by the City or its Franchisee, unless otherwise approved by the City Manager or their Designee.
Apartment complexes of fewer than five units, condominium complexes and mobile home parks
may use Bulk Containers provided by the City or its Franchisee. Any such complex or park
using Bulk Containers shall receive one of the classes of services specified in subsection .050 of
this Section, as determined appropriate by the City Manager or their Designee.
.030 Every person occupying or having control of any residence within such
complexes or parks shall place Source -Separated Recyclable Materials and/or Organic Materials
in such Bulk Containers as the City Manager or their Designee may specify.
.040 Collection shall be made from a maximum of four City -approved carts, or unless
approved by the City Manager or their Designee, from Commercial and industrial establishments
once per week. Establishments requiring collection of more than four carts per week shall use
Bulk Containers supplied by the City or its Franchisee. Such establishments using Bulk
Containers shall receive one of the classes of services specified in subparagraph .050 hereof, as
determined appropriate by the City Manager or their Designee.
.050 The following levels of collection are available to those premises utilizing Bulk
Containers:
Class A — One collection per week of one or more Bulk Containers.
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Class B — Two collections per week of one or more Bulk Containers.
Class C — Three collections per week of one or more Bulk containers.
Class D — Four collections per week of one or more Bulk Containers.
Class E — Five collections per week of one or more Bulk Containers.
Class F — Six collections per week of one or more Bulk Containers.
Class G — Special services which are provided at Commercial, construction -demolition
sites, farms, stables, and those establishments at which regular Discarded Materials Collection
is made impractical by virtue of the character or quantity of the Solid Waste, shall be collected
at a frequency established by the City Manager or their Designee.
10.10.090 GENERATOR REQUIREMENTS - SINGLE-FAMILY GENERATORS
.010 Responsible Parties of Single -Family Premises shall comply with the following
requirements:
(1) Subscribe to and pay for Franchisee's Three -Container System collection services
for weekly collection of Recyclable Materials, Organic Materials, and Solid Waste generated by
the Single -Family Premises and comply with requirements of those services as described below in
this Section .010 (b). City shall have the right to review the number and size of a Generator's
Containers to evaluate adequacy of capacity provided for each type of collection service for proper
separation of materials and containment of materials. The Responsible Parties for Single -Family
Premises shall adjust their service level for their collection services as requested by the City.
Participate in the Franchisee's Discarded Materials collection service(s) by placing designated
Discarded Materials in designated Containers.
.020 Participate in the Franchisee's Three -Container System (Recyclable Materials
Container, Organic Materials Container, and Solid Waste Container) service(s) in the manner
described below.
(1) Place and/or direct its Generators to place Source Separated Organic Materials,
includini; Food Waste, in the Organic Materials Container; Source Separated Recyclable
Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Container.
(2) Not place and/or direct its Generators to not place Prohibited Container
Contaminants in collection containers and not place materials designated for the Organic Materials
Containers or Recyclable Materials Containers in the Solid Waste Containers.
.030 City Manager, or their Designee, shall have the right to review the number and size
of a generator's Containers to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials; and, Single -Family
generators shall adjust its service level for its collection services as requested by the City Manager
or their Designee.
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.040 Nothing in this Section prohibits a Responsible Party or Generator of a Single -
Family Premises from preventing or reducing Discarded Materials generation, managing Organic
Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
.050 It shall be the duty of every person occupying a dwelling unit within the City to
keep the Premises in their control in a "sanitary condition", which is hereby defined to mean that
all parts thereof are free and clean of any accumulation of Discarded Materials.
10.10.100 GENERATOR REQUIREMENTS — MULTI -FAMILY GENERATORS
.010 Responsible Parties of Multi -Family Premises (except Responsible Parties of
Multi -Family Premises that meet the Self -Hauler requirements in Section 10.10.040 of this
Chapter) shall:
(1) Subscribe to the Franchisee's Three -Container System or, if made available by
Franchisee, Two -Container System for all Discarded Materials generated. City Manager or their
Designee 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; and, Multi -Family Dwelling shall adjust its service level for its collection services as
requested by the City Manager or their Designee, if City or their Designee determines that
inappropriate level of service results in generators non-compliance with this Chapter.
(2) Except Multi -Family Premises that meet the Self -Hauler requirements in Section
10,10.040 of this ordinance, participate in the Franchisee's Discarded Materials collection
service(s) by placing Discarded Materials in designated Containers based on the available
program.
(3) Not place and/or direct its Generators to not place Prohibited Container
Contaminants in collection containers dependent on the Franchisee's available program.
(4) Supply and allow access to adequate number, size and location of collection
Containers for employees, contractors, tenants, and customers, consistent with City's approved
Container collection service.
(5) Annually provide information to employees, contractors, tenants, and customers
about Organic Material Recovery requirements and about proper sorting of Source Separated
Organic Material and Source Separated Recyclable Materials into Recyclable Material and
Organic Material Containers.
(6) It is the Responsible Party of a Multi -Family Premises to provide education
information before or within fourteen (14) days of the Premises to new tenants that describes
requirements to keep Source Separated Organic Material and Source Separated Recyclable
Materials separate from Solid Waste (when applicable) and the location of Containers and the rules
governing their use at each property.
(7) Provide or arrange access for City or its agent to their properties during all
Inspections conducted in accordance with Chapter 10.10.190 to confirm compliance with the
requirements of this Chapter.
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(8) Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Material on site, or using a Community Composting site pursuant
to 14 CCR Section 18984.9(c).
(9) It shall be the duty of every person in possession, charge or control of any Multi-
family residential property within the City to keep the Premises in their control in a "sanitary
condition", which is hereby defined to mean that all parts thereof are free and clean of any
accumulation of Discarded Material.
(10) Multi -family Premises that generate two (2) cubic yards or more of total Solid
Waste, Recyclable Materials, and Organic Materials per week (or other threshold defined by the
State) that arrange for gardening or landscaping services shall require that the contract or work
agreement between the owner, occupant, or operator of a multi -family premises and a gardening
or landscaping service specifies that the designated Organic Materials generated by those services
be managed in compliance with this chapter.
(11) If the Responsible Party of a Multi -Family Premises wants to Self -Haul, they must
meet the Self -Hauler requirements of Chapter 10.10.040 of this City municipal code.
10.10.110 GENERATOR REQUIREMENTS — COMMERCIAL BUSINESSES
.010 Responsible Parties of Commercial Businesses (which does not include Multi -
Family Residential Dwellings and that do not meet the Self -Hauler requirements in Chapter
10.10.040) shall:
(1) Subscribe to the Franchisee's Three -Container System or, if made available by
Franchisee, Two -Container System for all Discarded Materials generated. City Manager or their
Designee 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; and, Commercial Businesses shall adjust its service level for its collection services as
requested by the City Manager or their Designee.
(2) Participate in the Franchisee's Discarded Materials collection service(s) by placing
designated materials in designated Containers.
(3) Supply and allow access to adequate number, size, and location of collection
Containers with sufficient labels or colors (conforming with Chapters 10.10.110 (e)(i) and (e)(ii)
below) for employees, contractors, tenants, and customers, consistent with Franchisee's Discarded
Materials collection service.
(4) Except Commercial Businesses that meet the Self -Hauler requirements of Chapter
10.10.040, shall participate in the Franchisee's Discarded Materials collection service(s) by
placing Discarded Materials in designated Containers based on the available program.
(5) Not place and/or direct its Generators to not place Prohibited Container
Contaminants in collection containers dependent on the Franchisee's available program.
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(6) Provide Containers for the collection of Source Separated Organic Material and
Source Separated Recyclable Materials in all indoor and outdoor areas where 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:
(i) A body or lid that conforms with the Container colors provided
through the collection service provided by Franchisee, with either lids conforming
to the color requirements or bodies conforming to the color requirements or both
lids and bodies conforming to color requirements. A Commercial Business is not
required to replace functional Containers, including Containers purchased prior to
January 1, 2022, that do not comply with the requirements of the subsection prior
to the end of the useful life of those Containers, or prior to January 1, 2036,
whichever comes first.
(ii) Container labels that include language or graphic images, or both
indicating the primary material accepted and the primary materials prohibited in
that Container, or Containers with imprinted text or graphic images that indicate
the primary materials accepted and primary materials prohibited in the Container.
Pursuant 14 CCR Section 18984.8, the Container labeling requirements are
required on new Containers commencing January 1, 2022.
(7) Prohibit employees from placing materials in a Discarded Materials Container not
designated for those materials to the extent practical through education, training, Inspection, and/or
other measures.
(8) Annually 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).
(9) Annually provide information to employees, contractors, tenants, and customers
about Organic Material Recovery requirements and about proper sorting of Source Separated
Organic Material and Source Separated Recyclable Materials into Recyclable Material.
(10) Provide education information before or within fourteen (14) days of occupation of
the premises to new tenants that describes requirements to keep Source Separated Organic Material
and Source Separated Recyclable Materials separate from Solid Waste and the location of
Containers and the rules governing their use at each property.
(11) Provide or arrange access for City or its agent to their properties during all
Inspections conducted in accordance with Chapter 10.10.190 to confirm compliance with the
requirements of this ordinance.
(12) Meet the Self -Hauler requirements in Chapter 10.10.040 if a Commercial Business
wants to Self -Haul.
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(13) Not prohibit a generator from preventing or reducing waste generation, managing
Organic Material on site, or using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
(14) Be the duty of every person in possession, charge or control of any boarding home,
Restaurant, hotel, apartment, Commercial occupancy, industrial occupancy, eating house or vacant
lot within the City to keep the premises in their control in a "sanitary condition", which is hereby
defined to mean that all parts thereof are free and clean of any accumulation of Discarded Material.
(15) Comply, if a Commercial Business that is Tier One or Tier Two Edible Food
Generators, with Food Recovery requirements pursuant to Chapter 10.10.210.
10.10.120 GENERATOR REQUIREMENTS — WAIVERS FOR COMMERCIAL
BUSINESSES
.010 When the City's Franchisee establishes a Three -Container System, Commercial
Businesses may apply for waivers where practical difficulties make it impossible or extremely
difficult to carry out the strict letter of this Chapter with respect to any particular Premises. Under
these circumstances, the City Manager or their Designee may issue special written permits
(waivers) authorizing variations from the provisions of this Chapter, subject to such terms and
conditions as may deemed necessary to protect the public health and safety of the City. Special
written permits include de minimis waivers and physical space waivers, as described below.
.020 De Minimis Waivers: The City Manager or their Designee may waive a
Commercial Business's obligation (including Multi -Family Residential Dwelling's obligations) to
comply with some or all of the Organic Material requirements of this ordinance if the Commercial
Business provides documentation, or if the City Manager or their Designee has evidence
demonstrating, that the business generates below a certain amount of Organic Material as
described in Chapter 10. 10. 120.020.(2) below. If the City Manager or their Designee has sufficient
evidence demonstrating that a Commercial Business generates below a certain amount of Organic
Waste as described in Section 10.10.120.020(2), it may verify that the Commercial Businesses'
Organic Waste generation meets the threshold without the receipt of a waiver application as
described in Section 10. 10. 120.(1). As part of the Organic Waste generation verification process,
the City Manager or their Designee may request documentation from the Commercial Business as
described below.
Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a
waiver from and provide documentation as noted in Chapter 10. 10. 120.020.(2) below.
(2) Provide documentation that either:
(i) The Commercial Business's total Solid Waste collection service is
two (2) cubic yards or more per week and Recyclable Materials and Organic
Materials subject to collection in Recyclable Materials Container(s) or Organic
Materials Container(s) comprises less than twenty (20) gallons per week per
applicable material stream of the Commercial Business's total waste (i.e.,
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Recyclable Materials in the Recyclable Materials stream are less than twenty (20)
gallons per week or Organic Materials in the Organic Materials stream are less than
twenty (20) gallons per week); or,
(ii) The Commercial Business's total Solid Waste collection service is
less than two (2) cubic yards per week and Recyclable Materials and Organic
Materials subject to collection in a Recyclable Materials Container(s) or Organic
Materials Container(s) comprises less than ten (10) gallons per week per applicable
material stream of the or Commercial Business's total waste (i.e., Recyclable
Materials in the Recyclable Materials stream are less than ten (10) gallons per week
or Organic Materials in the Organic Materials stream are less than ten (10) gallons
per week).
(iii) For the purposes of subsections (i) and (ii) above, total Solid Waste
shall be the sum of weekly container capacity measured in cubic yards for Solid
Waste, Recyclable Materials, and Organic Materials collection service.
(3) Notify City if circumstances change such that Commercial Business's
Organic Material exceeds threshold required for waiver, in which case waiver will be
rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5
years or when a Conditional Use Permit is issued, whichever is sooner, if City has approved
de minimis waiver.
.050 Physical Space Waivers: City may waive a Commercial Business' or property
owner's obligations to comply with some or all of the Organic Material collection service
requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed
engineer that the Premises lacks adequate space for compliance with the Organic Material
collection requirements below.
A physical space waiver may also be requested if a Commercial Business or property
owner documents that the premises lacks adequate space for Organic Material Container and
Recyclable Material Containers.
The Responsible Party of a Commercial Business may request a physical space waiver
through the following process:
(1) Submit an application form specifying the type(s) of collection services for
which they are requesting a compliance waiver.
(2) Provide documentation that the Premises lacks adequate space for
Recyclable Material Containers and/or Organic Material 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 (5) years or when a Conditional Use Permit is issued, whichever is
sooner, if City has approved application for a physical space waiver.
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.060 Review and Approval of Waivers by City: Commercial Businesses or property
owners shall:
(1) Apply to City for a de minimis or physical space waiver. Waivers are valid
for five (5) years.
(2) Any Waiver Holder must cooperate with the City and/or Franchisee for
compliance Inspections and enforcement as stated in Chapters 10.10.190 and 10.10.200.
(3) Waiver Holder must reapply to the City Manager or their Designee for a
waiver upon the expiration of the waiver period and shall submit any required
documentation, and/or fees/payments as required by the City. Failure to submit a
completed application shall equate to an automatic denial of said application.
(4) City Manager or their Designee may revoke a waiver upon a determination
that any of the circumstances justifying a waiver are no longer applicable.
10.10.130 PROCEDURES FOR THE DISPOSAL OF HAZARDOUS AND QUALIFIED
HOUSEHOLD HAZARDOUS WASTE.
.010 Every person occupying or having charge of any Residential Premises in the City
shall, at least once every ninety days unless more frequent disposal is required, dispose of all
Hazardous Waste and qualified household Hazardous Waste which has accumulated at such
Premises. Hazardous Waste and qualified household hazardous waste shall not be placed for
regular collection but shall be disposed of as hereinafter specified or in a lawful manner in
accordance with Chapter 6.5 of the California Health and Safety Code.
(1) Group 1 materials such as caustics, toxics, acids, chemicals, paints and liquids
shall be disposed of by the owner or possessor thereof only at an approved Class 1 disposal site.
The waste must be in its original container and labeled clearly. The containers must be sound
and not leaking. Glass containers must be protected from breakage.
(2) Radioactive materials shall be disposed of by the owner or possessor thereof under
the supervision of the Orange County Health Department.
(3) Explosives or highly flammable material, including small arms ammunition, war
souvenirs, or black powder shall be disposed of by, or under the supervision of, the City Fire
Department.
(4) Abandoned, inoperative or dismantled vehicles or major component parts thereof
shall be disposed of as specified in Chapter 6.80 of this Code.
(5) Dead animals shall be disposed of by, or under the supervision of, the Orange
County Animal Shelter.
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10.10.140 ENCLOSURES FOR DISCARDED MATERIALS CONTAINERS.
.010 Solid Waste, Recyclable Materials, and/or Organic Materials Container
enclosures shall be required for any construction, reconstruction or alteration of any Multiple -
Family dwelling of five units or more or any Commercial or industrial establishment within the
City for which a building permit is required after the effective date of this Section. All such
enclosures shall be constructed in accordance with specifications approved and on file with the
City Manager or their Designee and the Building Division. Required building permits shall not
be issued until the City Manager or their Designee has approved the size, design and location of
said enclosures.
.020 Enclosures shall be used solely for the storage of Solid Waste, Recyclable
Materials, and/or Organic Materials Containers and shall be maintained in a safe, clean and
usable condition.
.030 All Multi -Family residential (five or more units), Commercial, industrial or
institutional development projects (referred to in this Section as "projects") which utilize a
centralized collection area for Solid Waste shall include an area or areas for the collection of
Recyclable Materials and/or Organic Materials. Such an area or areas shall be in addition to the
space allocated for the Collection of Solid Waste.
.040 Persons applying for a permit from the City for new construction and building
additions and alternations shall comply with the adequate Container space requirements of this
Chapter and applicable required components of the California Green Building Standards Code,
24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of
CALGreen. If the requirements of CALGreen are more stringent than the Container enclosure
requirements of this Section, the CALGreen requirements shall apply.
.050 Prior to the issuance of a building permit for all new projects requiring a building
permit, the proponent of the project shall obtain the review and approval of the Public Works
Director or their Designee of a plan depicting the Recyclable Materials and/or Organic Materials
collection area or areas for the project. The plan shall comply with the following provisions:
(1) Location. Recyclable Materials and/or Organic Materials collection areas may
be located either indoors or outdoors and may be included as part of the same enclosure
where Solid Waste is collected. In no case shall any Recyclable Materials and/or Organic
Materials collection area be farther from a dwelling unit or structure than the Solid Waste
collection area which serves the same dwelling unit or structure.
(2) Design. Collection areas which are outdoors shall be in compliance with City
enclosure standards or approved by City Manager or their Designee. Additionally, an
outdoor area shall be covered, or the Recyclable Materials and/or Organic Materials
collection containers shall have weatherproof lids. Enclosures and Containers shall be
readily accessible to residents or employees but shall be designed to discourage
scavenging of materials.
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(3) Signage. Collection areas and containers shall be clearly labeled to indicate the
type and condition of Discarded Materials accepted.
(4) Space Allocation Based on City enclosure plan check. In lieu of having specific
collection area space allocation tables or formulas, and to allow maximum flexibility, a
plan may be submitted by the applicant which details the Recyclables and/or Organic
Materials collection from Generator source to the final collection area and/or the size of
interim and final collection areas to house Containers for all types of materials collected.
10.10.150 TRANSPORTATION OF MEDICAL WASTE, HAZARDOUS WASTE OR
QUALIFIED HOUSEHOLD HAZARDOUS WASTE.
.010 Any vehicle used for the transportation of medical waste, hazardous waste or
qualified household hazardous waste shall be so constructed as to prevent the loss, spillage, or
leakage of its contents and in accordance with Chapter 6.5 of Division 20 of the California Health
and Safety Code.
.020 The amount of waste transported in a single load shall not exceed five gallons or
fifty pounds.
.030 The waste shall be segregated from passengers during transport.
10.10.160 EMERGENCIES.
The City Manager may, at their discretion, issue limited or temporary permits to anyone
to perform any of the services covered by this chapter during any period of emergency as
determined by the City Manager. Any permit so issued shall be subject to such reasonable fees
and conditions as the circumstances may warrant and as the parties involved may, agree upon,
provided that such fees received from, or paid to, anyone under this Section for any period
exceeding fifteen days shall require approval of the City Council.
10.10.170 ILLEGAL DISPOSAL OF SOLID WASTE, MEDICAL WASTE,
HAZARDOUS WASTE OR QUALIFIED HOUSEHOLD HAZARDOUS WASTE.
It shall be unlawful for any person to throw, place, scatter or deposit any Solid Waste,
Medical Waste, Hazardous Waste or qualified household Hazardous Waste, in, upon, or below
the land of another, or upon any public property or right-of-way, except as herein authorized, or
to throw, place, scatter or deposit any said waste in, upon or below the surface of any Premises
in such a manner that the same is or may become decayed, putrid or a nuisance or may otherwise
endanger the public health or safety.
10.10.180 FAILURE TO CORRECT AFTER NOTIFICATION.
Any person who is the owner, tenant, lessee, or person in control of Premises in the City
of Anaheim, and who, after written Notice Of Violation from the City of Anaheim, willfully
fails or refuses to correct such violation of this chapter within the time specified in such written
notice shall be guilty of an infraction.
bid
10.10.190 INSPECTIONS AND INVESTIGATIONS BY CITY
.010 Authority - City Manager or their Designee 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, to confirm
compliance with this Chapter by Organic Material Generators, Commercial Businesses property
owners, Multi -Family Residential Dwellings property owners, Single Family Dwelling property
owners, Commercial Edible Food Generators, Permitted Self -Haulers, and Food Recovery
Services and Food Recovery Organizations, subject to applicable laws.
(1) Per Chapter 1.01 of the Municipal Code, these powers include the power to issue
Notices Of Violation, the power to assess and collect civil fines and penalties or file Criminal
Complaints as provided in this Chapter, and the power to enter and inspect public and private
property as permitted by law. This Chapter does not allow City to enter the interior of a private
residential property for Inspection.
.020 Regulated entities shall provide or arrange for access during all Inspections (with
the exception of residential property interiors) and shall cooperate with the City's employee or its
designated entity/Designee during such Inspections and investigations. As per Chapter 1.01 and
in accordance with the requirements of this Chapter, the City Manager or their Designee is
authorized to enter upon any property or Premises to ascertain whether there are violations of this
code, and to make any Inspections and investigations that may include confirmation of proper
placement of materials in Containers, Edible Food Recovery activities, records, or any other
requirement of this Chapter described herein as may be necessary in the performance of his or her
duties.
.030 Failure to provide or arrange for: (i) access to an entity's Premises; or (ii) access
to records for any Inspection or investigation is a violation of this Chapter and may result in a
determination that the generator is out of compliance with one or more requirements of this
Chapter
(1) If the property owner or other Responsible Party refuses permission to enter or
inspect, the City Manager or their Designee may seek an administrative inspection warrant
pursuant to the California Code Of Civil Procedure or as otherwise authorized by law. Following
the obtaining of owner permission to inspect or a lawful inspection warrant, the City Manager
or their Designee is authorized to conduct examinations and surveys that may include, but are
not limited to, the taking of photographs or video recordings and the taking of samples or other
physical evidence or recordings. All inspections, entries, examinations and surveys shall be
done in a reasonable manner and shall at all times comply with constitutional and statutory
requirements.
.040 Any records obtained by a City during its Inspections, and other reviews shall be
subject to the requirements and applicable disclosure exemptions of the Public Records Act as
set forth in Government Code Section 6250 et seq.
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.050 City representatives and/or its designated entity/Designee are authorized to
conduct any Inspections, or other investigations as reasonably necessary to further the goals of
this ordinance, subject to applicable laws.
.060 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.
10.10.200 ENFORCEMENT PROVISIONS.
.010 The City Manager or their authorized Designee shall have, upon the issuance of
a judicial warrant or, in an emergency, upon probable cause, the authority to enter and inspect,
at any reasonable time, any premises to investigate suspected or reported violations of this
chapter.
.020 he Code Enforcement Manager and Code Enforcement Officers shall have the
duty and authority to enforce the provisions of this chapter pursuant to Section 1.01.389 of this
Code.
.030 The transportation or Disposal of waste in violation of Section 10.10.130,
10.10.150 or 10.10.170 of this chapter is hereby declared to be a misdemeanor punishable as set
forth in Section 1.01.370 of this Code.
.040 The first violation of Section 10.10.020.030 committed by any person shall be an
infraction punishable in accordance with the applicable provisions of the California Penal Code.
The second and all subsequent violations of Section 10.10.020.030 committed by any person
shall be punishable as either an infraction or a misdemeanor, at the discretion of the City
Attorney.
.050 Any person who violates any provisions of this code, as amended from time to
time, or any person who owns property upon which violation exists, irrespective of whether that
person caused the violation, shall be subject to an administrative fine or penalty up to the
maximum amounts set forth in Chapter 1.01 of the City's municipal code.
.060 Enforcement of certain provisions shall not occur before the specified dates
required by SB 1383 or other applicable law.
10.10.210 EDIBLE FOOD RECOVERY — REQUIREMENTS FOR COMMERCIAL
EDIBLE FOOD GENERATORS
.010 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 or as specified
in other applicable law.
.020 Commercial Edible Food Generators shall comply with the following requirements:
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(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 food capable of being recovered by a Food Recovery
Organization or Food Recovery Service.
(4) Allow City's designated entity or designated third party entity to access the
premises and review records.
(5) Keep records that include the following information, or as otherwise specified in
14 CCR Section 18991.4:
(i) A list of each Food Recovery Service or Food Recovery Organization that
collects or receives its Edible Food.
(ii) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(a) The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
(b) The types of food that will be collected by or transported to the Food
Recovery Service or Food Recovery Organization.
(c) The established frequency that food will be collected or transported
(d) The quantity of food, measured in pounds recovered per month,
collected or transported to a Food Recovery Service or Food Recovery
Organization for Food Recovery.
(iii) A copy of all contracts, written agreements, or other documents between the
Edible Food generator and the Food Recovery Service(s) or Food Recovery
Organization(s).
(6) Provide copies of records required by this Section to City if requested by the City
Manager or their Designee and shall provide the records at the frequency requested by the City
Manager or their Designee.
.030 Large Venues or Large Event operators not providing food service, 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.
.040 Nothing in this Section shall be construed to limit or conflict with the protections
provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good
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Samaritan Act or requirements contained in food share donation regulations for schools 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).
10.10.220 EDIBLE FOOD RECOVERY — REQUIREMENTS FOR FOOD RECOVERY
ORGANIZATIONS AND SERVICES
.010 Food Recovery Services collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement with them, shall maintain
the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, phone number, email, and contact information for each
Commercial Edible Food Generator that the service collects Edible Food from.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible
Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
(4) The name, address, phone number, email and contact information for each Food
Recovery Organization that the Food Recovery Service transports Edible Food to for Food
Recovery.
.020 Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement, shall maintain the
following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address phone number, email, and contact information for each
Commercial Edible Food Generator that the organization received Edible Food from.
(2) The quantity in pounds of Edible Food received from each Commercial Edible
Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that
the organization received Edible Food from for Recovery.
.030 Food Recovery Organizations and Food Recovery Services that are located in the
City and contract with or have written agreements with Commercial Edible Food Generators shall
report to the City the amount of Edible Food in pounds recovered from the previous calendar year
no later than January 31 of each year, or sooner if requested by City.
.040 Food Recovery Organizations and Food Recovery Services shall inform generators
about California and Federal Good Samaritan Food Donation Act protection in written
communications, such as in their contract or agreement with them."
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SECTION 2
Chapter 10.11 of the Anaheim Municipal Code is hereby deleted in its entirety and replaced
with the following new Chapter 10.11, to read in full as follows:
"CHAPTER 10.11 BINS AND DROP-OFF BOXES
10.11.010 Definitions.
0.11.020 Unauthorized bins and drop-off boxes.
10.11.030 Removal of unlawfully placed bin or drop-off box.
10.11.040 Infraction Penalty.
10.11.050 Fees and charges.
10.11.010 DEFINITIONS.
Words and phrases defined in Chapter 10.10 of this title shall have the same meanings
when used in this chapter. For the purposes of this chapter, the following words and phrases shall
have the meanings set forth in this Section unless it is apparent from the context that a different
meaning is intended.
.010 "Bin" means a Container with a capacity of at least one (1), and less than ten (10),
cubic yards. Bulk Containers, dumpsters, Bins with attached compacting equipment (mini -
packers) and other similar Discarded Materials collection Containers are other names for, and
types of, Bins.,
.020 "Director" means the Director of Public Works of the City of Anaheim or their
designee.
.030 "Drop-off box" means Discarded Materials collection Containers of ten (10) cubic
yards or larger, including Roll -Off Boxes with attached compaction devices.
.040 "Owner" means the person (including a corporate entity) who holds legal title to
a bin or drop-off box.
.050 "User" means any person (including a corporate entity), other than an owner, who
places, or causes to be placed, a Bin or Drop -Off box on any public or private property within
the City of Anaheim.
10.11.020 UNAUTHORIZED BINS AND DROP-OFF BOXES.
No person other than an authorized representative of the City of Anaheim shall place or
leave standing a Bin or Drop-off Box on any public or private property within the City, except
that a licensed construction contractor may use Bins and Drop-off Boxes owned by that
contractor for site clean-up of that contractor's own demolition and construction projects.
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10.11.030 REMOVAL OF UNLAWFULLY PLACED BIN OR DROP-OFF BOX.
.010 The Director may cause the posting of a notice to remove, as described in
subsection .020 of this Section, in a conspicuous place on any Bin or Drop -Off Box placed on
any public or private property within the City of Anaheim in violation of this chapter.
.020 Notices to remove posted pursuant to the provisions of this chapter shall specify
the nature of the violation and shall state that the bin or drop-off box must be removed within
twenty-four hours, or it may be removed and stored by the City, and the contents Disposed of,
at the expense of the owner thereof. The posting of a notice to remove shall constitute
constructive notice to the owner and user of the requirement to remove the Bin or Drop -Off Box.
.030 If the bin or drop-off box is not removed within twenty-four hours after the notice
to remove is posted, the Director may direct the removal and storage of the bin or drop-off box
and the Disposal of its contents if they consist of Discarded Materials, perishable matter, medical
waste, hazardous waste or qualified household hazardous waste, or if the Bin or Drop-off Box
together with its contents exceeds applicable weight limits. The owner of the Bin or Drop-off
Box shall be responsible to reimburse the City for the actual cost of removal, storage, and
Disposal. All amounts due to the City for the cost of removal, storage, and Disposal must be
paid before the Bin or Drop-off Box may be returned to the owner. Such amounts shall constitute
a debt owed by the owner to the City, and the owner shall be liable to the City in an action
brought by the City for the recovery of such amounts.
.040 If the identity of the owner of a Bin or Drop-off Box that has been removed by
the City is known to the Director, the Director shall promptly cause notice to be mailed to the
owner to claim the stored property. If the Bin or Drop-off Box is not claimed within ninety-five
days after removal and notice to the owner, or ninety days after removal if the identity of the
owner is unknown to the Director, the Bin or Drop-off Box and its contents shall be deemed
abandoned property and may be disposed of accordingly.
.050 After a Bin or Drop -Off Box has once been removed by the City pursuant to a
notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of
this chapter, including the prohibition of placement of Bins and Drop-off Boxes. In the event of
a subsequent placement of a Bins and Drop-off Box owned by the same owner, the Director may
immediately, without the posting of a notice to remove, direct the removal and storage of the
unlawfully placed Bins or Drop-off Box and shall, in such case, give notice to the owner to claim
the Bin or Drop-off Box. In such event, the owner shall be responsible to reimburse the City for
the actual cost of such removal, storage and disposal, which cost shall be paid by the owner
before the Bins or Drop-off Box may be returned to the owner. If the Bins or Drop-off Box is
unclaimed after notice is mailed to the owner and the expiration of the period set forth in
subsection .040 of this Section, Bins or Drop-off Box and its contents shall be deemed abandoned
property and may be disposed of accordingly. The costs incurred by the City for removal, storage
and disposal shall constitute a debt owed to the City by the owner, who shall be liable therefor
in an action by the City for the recovery of such amounts.
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10.11.040 INFRACTION — PENALTY.
Any person violating any of the provisions of this chapter shall be guilty of an infraction
and, upon conviction, shall be subject to a fine of fifty dollars for a first violation of this chapter,
a fine of one hundred dollars for a second violation of this chapter within one year, and a fine of
two hundred fifty dollars for each additional violation of this chapter within one year.
10.11.050 FEES AND CHARGES.
The following fees and charges shall be established from time to time by resolution of
the City Council: Bins or Drop-off Box impound fee; storage charge. Waste disposal charges
shall be equal to the commercial per -ton rate paid by the City."
SECTION 3.
Section 10.12.085 of Chapter 10.12 of the Anaheim Municipal Code is hereby deleted in
its entirety and replaced with the following new Section 10.12.085 of Chapter 10.12, to read in full
as follows:
"10.12.085 SEWER IMPACT AND IMPROVEMENT FEE (CENTRAL CITY AREA).
.010 Statement of Purpose. In order to implement the goals and objectives of the most
recent City Council adopted "Central Anaheim Master Plan of Sanitary Sewers" and the most
recent City Council adopted "Central Anaheim Sanitary Sewer Financial Implementation Plan,"
and to mitigate the deficiency in the sewer system caused by new development and/or by
additions and expansions to existing development within the Central City (CAA) of the City of
Anaheim, the City Council has determined that a sewer impact fee is needed to finance these
sewer improvements and to pay for new developments and expansions and additions to existing
developments. The Central City Area is as specifically shown in the " Central Anaheim Master
Plan of Sanitary Sewers" and generally consists of those areas within the City of Anaheim east
of Euclid Street and west of the Santa Ana River from the northerly City limits to the southerly
City limits.
In establishing the fee described in the following sections, the City Council has found the
fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2,
has considered the effects of the fee with respect to the City's sewer needs as established in the
"Central Anaheim Master Plan of Sanitary Sewers" for the Central City Area.
.020 Anaheim Sewer Impact Fee for the Central City Area. A sewer impact and
improvement fee is hereby established for various customer classes, as described in the most
recent City Council adopted "Central Anaheim Sanitary Sewer Financial Implementation Plan,"
which fee shall be applicable to all new development and for expansions and additions to existing
developments in the Central City Area ("Sewer Fee"). The City Council shall, by Council
resolution, set forth the specific amount of the fee, describe the benefit and impact area on which
the development fee is imposed, list the specific public improvements to be financed, describe
the estimated cost of these facilities, describe the reasonable relationship between this fee and
the various types of new developments and set forth time for payment.
-37-
Except as otherwise provided in Section 66007 of the Government Code, the sewer fee
shall be paid by each owner or developer prior to issuance of a building permit.
.030 Review and Adjustment of Fee. On an annual basis, the City Council shall review
the sewer fee to determine whether the fee amounts are reasonably related to the impacts of
developments and whether the described public facilities are still needed. The City Council may,
periodically by resolution, adjust the amount of the sewer fee established by this chapter in
accordance with 1) the construction cost index for construction costs in the Los Angeles area
published in the Engineering News-Record's Construction Cost Index and 2) the estimated
changes reflecting amendments or revisions to the "Central Anaheim Master Plan of Sanitary
Sewers."
040 Exemptions. This chapter shall not apply to:
O10 Conversion of a building or structure to a similar or less intensive land use.
.020 Reconstruction of any building or structure destroyed by fire or other natural cause,
provided, however, that if each reconstruction results in the enlargement or expansion of any
such building or structure, the applicable fee shall be calculated as provided in paragraph .040
below.
.030 That portion of any building or structure ("new structure") which is constructed
as a replacement for a substantially similar use of a building or structure ("original structure")
which existed on the property within ninety days immediately preceding commencement of such
construction. For purposes of calculating the fee payable pursuant to this chapter, the units and/or
floor area of the original structure shall be deducted from the units and/or floor area of the new
structure.
.040 That portion of any building or structure which is enlarged or expanded and which
portion existed on such property immediately prior to commencement of such enlargement or
expansion, provided the use of such portion is not otherwise changed. For purposes of
calculating the fee payable pursuant to this chapter, the units and/or floor area of the existing
structure shall be deducted from the units and/or floor area of the total structure.
.050 City of Anaheim Payment of Sewer Fees. If the City of Anaheim finds that the
development in question will provide substantial benefits to the welfare of the citizens of the
City, the City may 1) make a payment of the sewer fee in lieu of the owner or developer paying
the fee; or 2) construct or cause to be constructed a Sewer Deficiency Public Facility as a credit
against such fees when such facility is required as a condition of approval of the development
permits.
.060 Limited Use of Fees. The revenue raised by payment of the sewer fee shall be
placed in a separate and special account, and such revenue, along with any interest earnings on
that account, shall be used solely to pay for the City's future construction of facilities under the
" Central Anaheim Master Plan of Sanitary Sewers" or to reimburse the City for such facilities
constructed by the City with funds advanced by the City from other sources.
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070 Credits.
.010 Construction of Sewer Deficiency Public Facility. Whenever an owner or
developer is required, as a condition of approval of a development permit, to construct a public
facility identified as required in the " Central Anaheim Master Plan of Sanitary Sewers" ("Sewer
Deficiency Public Facility") within the Central City Area and when such construction is
necessary to provide efficient and timely construction of the facilities, a credit against the fee
which would otherwise be charged pursuant to this chapter on the development project shall be
available to the owner or developer upon completion of the facility (but only to the extent of the
fee), provided a project expenditure certification is approved by the City Engineer and that
engineering costs are limited to amounts specified in the " Central Anaheim Area Master Plan
of Sanitary Sewers" and the " Central Anaheim Sanitary Sewer Financial Implementation Plan"
for the Central City Area.
.020 Duplicative Fees. Fees or payments which are determined by the City Engineer
to be duplicative of the fees imposed by this chapter shall be credited against any fee (but only
to the extent of the fee) which would otherwise be charged pursuant to this chapter.
.030 Dedications. The reasonable value of land dedicated for sewer improvement
purposes for a Sewer Deficiency Public Facility as said value is determined by the City Engineer
shall be credited against any fee (but only to the extent of the fee) which would otherwise be
charged pursuant to this chapter.
.080 Sewer Fee Adjustments. An owner or developer of any project subject to the fee
imposed by this chapter may apply to the City Council for a reduction or adjustment to that fee,
or a waiver of that fee, based upon the absence of a reasonable relationship or nexus between the
sewer impacts of that development and either the amount of the sewer fee charged or the type of
facilities to be financed. The application shall be made in writing and filed with the City Clerk
not later than ten days prior to the public hearing on the development permit application for the
project, or if no development permit is required, at the time of the filing of the request for a
building permit. The application shall state in detail the factual basis for the claim of waiver,
reduction, or adjustment. The City Council shall consider the application at the public hearing
on the permit application or at a separate hearing held within 60 days after the filing of the fee
adjustment application, whichever is later. The City Council shall waive or adjust the fee where
the City Council finds, based upon substantial evidence in the record, that such waiver or
adjustment is necessary to ensure that said fee, if any, is related both in nature and extent to the
impact of the proposed project. The decision of the City Council shall be final. If a reduction,
adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver,
adjustment or reduction of the fee.
.090 Enforcement. The City Attorney is hereby authorized and directed to initiate such
legal proceedings as may be necessary to enforce the provisions of this chapter.
.100 Effective Date. The fee authorized by this chapter shall become effective 60 days
following the adoption of this ordinance and shall apply to the issuance of any building permit
for any residential development issued on or after such date."
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SECTION 4.
Section 10.12.090 of Chapter 10.12 of the Anaheim Municipal Code is hereby deleted in
its entirety and replaced with the following new Section 10.12.090 of Chapter 10.12, to read in
full as follows:
"10.12.090 SEWER IMPACT AND IMPROVEMENT FEE (WEST CITY AREA).
.010 Statement of Purpose. In order to implement the goals and objectives of the most
recent City Council adopted, " West Anaheim Master Plan of Sanitary Sewers," and the most
recent City Council adopted, " West Anaheim Sanitary Sewer Financial Implementation Plan,"
and to mitigate the deficiency in the sewer system caused by new development and/or by
additions and expansions to existing development within the West City Area (WCA) of the City
of Anaheim, the City Council has determined that a sewer impact fee is needed to finance these
sewer improvements and to pay for new developments and expansions and additions to existing
developments. The West City Area is as specifically shown in the " West Anaheim Master Plan
of Sanitary Sewers" and is bounded on the north by the City Limits, on the south by the City
Limits, on the west by the City Limits, and on the east by Euclid Street.
In establishing the fee described in the following sections, the City Council has found the
fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2,
has considered the effects of the fee with respect to the City's sewer needs as established in the
" West Anaheim Master Plan of Sanitary Sewers" for the West City Area.
.020 Anaheim Sewer Impact Fee for the West City Area. A sewer impact and
improvement fee is hereby established for various customer classes, as described in the " West
Anaheim Sanitary Sewer Financial Implementation Plan", which fee shall be applicable to all
new development and for expansions and additions to existing developments in the West City
Area ("Sewer Fee"). The City Council shall, by Council resolution, set forth the specific amount
of the fee, describe the benefit and impact area on which the development fee is imposed, list the
specific public improvements to be financed, describe the estimated cost of these facilities,
describe the reasonable relationship between this fee and the various types of new developments
and set forth time for payment.
Except as otherwise provided in Section 66007 of the Government Code, the sewer fee
shall be paid by each owner or developer prior to issuance of a building permit.
.030 Review and Adjustment of Fee. On an annual basis, the City Council shall review
the sewer fee to determine whether the fee amounts are reasonably related to the impacts of
developments and whether the described public facilities are still needed. The City Council may,
periodically by resolution, adjust the amount of the sewer fee established by this chapter in
accordance with (1) the construction cost index for construction costs in the Los Angeles area
published in the Engineering News-Record's Construction Cost Index and (2) the estimated
changes reflecting amendments or revisions to the "West Anaheim Master Plan of Sanitary
Sewers".
.040 Exemptions. This chapter shall not apply to:
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.010 Conversion of a building or structure to a similar or less intensive land use.
.020 Reconstruction of any building or structure destroyed by fire or other natural
cause.
.030 That portion of any building or structure ("new structure") which is constructed
as a replacement for a substantially similar use of a building or structure ("original structure")
which existed on the property within ninety days immediately preceding commencement of such
construction For purposes of calculating the fee payable pursuant to this chapter, the units and/or
floor area of the original structure shall be deducted from the units and/or floor area of the new
structure.
.040 That portion of any building or structure which is enlarged or expanded and which
portion existed on such property immediately prior to commencement of such enlargement or
expansion, provided the use of such portion is not otherwise changed. For purposes of
calculating the fee payable pursuant to this chapter, the units and/or floor area of the existing
structure shall be deducted from the units and/or floor area of the total structure.
.050 City of Anaheim Payment of Sewer Fees. If the City of Anaheim finds that the
development in question will provide substantial benefits to the welfare of the citizens of the
City, the City may (1) make a payment of the sewer fee in lieu of the owner or developer paying
the fee; or (2) construct or cause to be constructed a Sewer Deficiency Public Facility as a credit
against such fees when such facility is required as a condition of approval of the development
permits.
.060 Limited Use of Fees. The revenue raised by payment of the sewer fee shall be
placed in a separate and special account, and such revenue, along with any interest earnings on
that account, shall be used solely to pay for the City's future construction of facilities under the
"West Anaheim Master Plan of Sanitary Sewers" or to reimburse the City for such facilities
constructed by the City with funds advanced by the City from other sources.
.070 Credits.
.010 Construction of Sewer Deficiency Public Facility. Whenever an owner or
developer is required, as a condition of approval of a development permit, to construct a public
facility identified as required in the " West Anaheim Master Plan of Sanitary Sewers" ("Sewer
Deficiency Public Facility") within the West City Area and when such construction is necessary
to provide efficient and timely construction of the facilities, a credit against the fee which would
otherwise be charged pursuant to this chapter on the development project shall be available to
the owner or developer upon completion of the facility (but only to the extent of the fee),
provided a project expenditure certification is approved by the City Engineer and that
engineering costs are limited to amounts specified in the "West Anaheim Master Plan of
Sanitary Sewers" and the "West Anaheim Sanitary Sewer Financial Implementation Plan" for
the West City Area.
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.020 Duplicative Fees. Fees or payments which are determined by the City Engineer
to be duplicative of the fees imposed by this chapter shall be credited against any fee (but only
to the extent of the fee) which would otherwise be charged pursuant to this chapter.
.030 Dedications. The reasonable value of land dedicated for sewer improvement
purposes for a Sewer Deficiency Public Facility as said value is determined by the City Engineer
shall be credited against any fee (but only to the extent of the fee) which would otherwise be
charged pursuant to this chapter.
.080 Sewer Fee Adjustments. An owner or developer of any project subject to the fee
imposed by this chapter may apply to the City Council for a reduction or adjustment to that fee,
or a waiver of that fee, based upon the absence of a reasonable relationship or nexus between the
sewer impacts of that development and either the amount of the sewer fee charged or the type of
facilities to be financed. The application shall be made in writing and filed with the City Clerk
not later than ten days prior to the public hearing on the development permit application for the
project, or if no development permit is required, at the time of the filing of the request for a
building permit. The application shall state in detail the factual basis for the claim of waiver,
reduction, or adjustment. The City Council shall consider the application at the public hearing
on the permit application or at a separate hearing held within sixty days after the filing of the
fee adjustment application, whichever is later. The City Council shall waive or adjust the fee
where the City Council finds, based upon substantial evidence in the record, that such waiver or
adjustment is necessary to ensure that said fee, if any, is related both in nature and extent to the
impact of the proposed project. The decision of the City Council shall be final. If a reduction,
adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver,
adjustment or reduction of the fee.
.090 Enforcement. The City Attorney is hereby authorized and directed to initiate such
legal proceedings as may be necessary to enforce the provisions of this chapter.
.100 Effective Date. The fee authorized by this chapter shall apply to the issuance of
any building permit for any residential development issued sixty days following this ordinance's
passage."
SECTION 5
Section 10.12.095 of Chapter 10.12 of the Anaheim Municipal Code is hereby deleted in
its entirety and replaced with the following new Section 10.12.095 of Chapter 10.12, to read in
full as follows:
1110.12.095 SEWER IMPACT AND IMPROVEMENT FEE (EAST CITY AREA).
.010 Statement of Purpose. In order to implement the goals and objectives of the most
recent City Council adopted, " East Anaheim Master Plan of Sanitary Sewers," and the most
recent City Council adopted " East Anaheim Sanitary Sewer Financial Implementation Plan"
and to mitigate the deficiency in the sewer system caused by new development and/or by
additions and expansions to existing development within the East City Area (ECA) of the City
of Anaheim, the City Council has determined that a sewer impact fee is needed to finance these
-42-
sewer improvements and to pay for new developments and expansions and additions to existing
developments. The East City Area is as specifically shown in the " East Anaheim Master Plan
of Sanitary Sewers" and is bounded by the Orange Freeway (SR-57)/ SR-91/ Glassell Street on
the West, the City's Northern Limits on the North, the City's Eastern Limits on the East, and the
City's Southern Limits on the South.
In establishing the fee described in the following sections, the City Council has found the
fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2,
has considered the effects of the fee with respect to the City's sewer needs as established in the
"East Anaheim Master Plan of Sanitary Sewers" for the East City Area.
.020 Anaheim Sewer Impact Fee for the East City Area. A sewer impact and
improvement fee is hereby established for various customer classes, as described in the " East
Anaheim Sanitary Sewer Financial Implementation Plan", which fee shall be applicable to all
new development and for expansions and additions to existing developments in the East City
Area ("Sewer Fee"). The City Council shall, by Council resolution, set forth the specific amount
of the fee, describe the benefit and impact area on which the development fee is imposed, list the
specific public improvements to be financed, describe the estimated cost of these facilities,
describe the reasonable relationship between this fee and the various types of new developments
and set forth time for payment.
Except as otherwise provided in Section 66007 of the Government Code, the sewer fee
shall be paid by each owner or developer prior to issuance of a building permit.
.030 Review and Adjustment of Fee. On an annual basis, the City Council shall review
the sewer fee to determine whether the fee amounts are reasonably related to the impacts of
developments and whether the described public facilities are still needed. The City Council may,
periodically by resolution, adjust the amount of the sewer fee established by this chapter in
accordance with (1) the construction cost index for construction costs in the Los Angeles area
published in the Engineering News-Record's Construction Cost Index and (2) the estimated
changes reflecting amendments or revisions to the East Anaheim Area Master Plan of Sanitary
Sewers.
.040 Exemptions. This chapter shall not apply to:
.010 Conversion of a building or structure to a similar or less intensive land
use.
.020 Reconstruction of any building or structure destroyed by fire or other
natural cause.
.030 That portion of any building or structure ("new structure") which is
constructed as a replacement for a substantially similar use of a building or structure ("original
structure") which existed on the property within ninety days immediately preceding
commencement of such construction. For purposes of calculating the fee payable pursuant to
this chapter, the units and/or floor area of the original structure shall be deducted from the units
and/or floor area of the new structure.
-43-
.040 That portion of any building or structure which is enlarged or expanded
and which portion existed on such property immediately prior to commencement of such
enlargement or expansion, provided the use of such portion is not otherwise changed. For
purposes of calculating the fee payable pursuant to this chapter, the units and/or floor area of the
existing structure shall be deducted from the units and/or floor area of the total structure.
.050 City of Anaheim Payment of Sewer Fees. If the City of Anaheim finds that the
development in question will provide substantial benefits to the welfare of the citizens of the
City, the City may (1) make a payment of the sewer fee in lieu of the owner or developer paying
the fee; or (2) construct or cause to be constructed a Sewer Deficiency Public Facility as a credit
against such fees when such facility is required as a condition of approval of the development
permits.
.060 Limited Use of Fees. The revenue raised by payment of the sewer fee shall be
placed in a separate and special account, and such revenue, along with any interest earnings on
that account, shall be used solely to pay for the City's future construction of facilities under the
Combined East Anaheim Area Master Plan of Sanitary Sewers or to reimburse the City for such
facilities constructed by the City with funds advanced by the City from other sources.
.070 Credits.
.010 Construction of Sewer Deficiency Public Facility. Whenever an owner or
developer is required, as a condition of approval of a development permit, to construct a public
facility identified as required in the "East Anaheim Area Master Plan of Sanitary
Sewers"("Sewer Deficiency Public Facility") within the East City Area and when such
construction is necessary to provide efficient and timely construction of the facilities, a credit
against the fee which would otherwise be charged pursuant to this chapter on the development
project shall be available to the owner or developer upon completion of the facility (but only to
the extent of the fee), provided a project expenditure certification is approved by the City
Engineer and that engineering costs are limited to amounts specified in the "East Anaheim
Master Plan of Sanitary Sewers" and the "East Anaheim Sanitary Sewer Financial
Implementation Plan" for the East City Area.
.020 Duplicative Fees. Fees or payments which are determined by the City Engineer
to be duplicative of the fees imposed by this chapter shall be credited against any fee (but only
to the extent of the fee) which would otherwise be charged pursuant to this chapter.
.030 Dedications. The reasonable value of land dedicated for sewer improvement
purposes for a Sewer Deficiency Public Facility as said value is determined by the City Engineer
shall be credited against any fee (but only to the extent of the fee) which would otherwise be
charged pursuant to this chapter.
.080 Sewer Fee Adjustments. An owner or developer of any project subject to the fee
imposed by this chapter may apply to the City Council for a reduction or adjustment to that fee,
or a waiver of that fee, based upon the absence of a reasonable relationship or nexus between the
sewer impacts of that development and either the amount of the sewer fee charged or the type of
facilities to be financed. The application shall be made in writing and filed with the City Clerk
-44-
not later than ten days prior to the public hearing on the development permit application for the
project, or if no development permit is required, at the time of the filing of the request for a
building permit. The application shall state in detail the factual basis for the claim of waiver,
reduction, or adjustment. The City Council shall consider the application at the public hearing
on the permit application or at a separate hearing held within sixty days after the filing of the fee
adjustment application, whichever is later. The City Council shall waive or adjust the fee where
the City Council finds, based upon substantial evidence in the record, that such waiver or
adjustment is necessary to ensure that said fee, if any, is related both in nature and extent to the
impact of the proposed project. The decision of the City Council shall be final. If a reduction,
adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver,
adjustment or reduction of the fee.
.090 Enforcement. The City Attorney is hereby authorized and directed to initiate such
legal proceedings as may be necessary to enforce the provisions of this chapter.
.100 Effective Date. The fee authorized by this chapter shall apply to the issuance of
any building permit for any residential development issued sixty (60) days following this
ordinance's passage."
SECTION 6. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and
phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph,
sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 7. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 8. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
-45-
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 7 day of December, 2021, and thereafter passed and
adopted at a regular meeting of said City Council held on the 21 day of December, 2021, by the
following roll call vote:
AYES: Mayor Pro Tem Faessel and Council Members Diaz,
Ma'ae, Valencia and O'Neil
NOES: None
ABSENT: Mayor Sidhu and Council Member Moreno
ABSTAIN: None
CITY OF ANAHF1
f
By:
MAYOR OF THE CITY OF ANAHEIM
A
CITY CLE K OF THE CITY OF ANAHEIM
144207/bmorley
PRO TEM
-46-
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
CLERK'S CERTIFICATE
ss.
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6519 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 7th day_of December, 2021, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 21 st day of December, 2021, by the
following vote of the members thereof:
AYES: Mayor Pro Tern Faessel and Council Members Diaz, Ma'ae, Valencia and O'Neil
NOES: None
ABSENT: Mayor Sidhu and Council Member Moreno
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 22"d of December 2021
TY CLEM OF THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin
1771 S. Lewis Street
Anaheim, CA 92805
714-796-2209
5190168
ANAHEIM,CITY OF/CLERKS OFF
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820
FILE NO. Ord. #6519
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the Anaheim Bulletin, a
newspaper that has been adjudged to be a newspaper of
general circulation by the Superior Court of the County of
Orange, State of California, on December 28, 1951, Case
No. A-21021 in and for the City of Anaheim, County of
Orange, State of California; that the notice, of which the
annexed is a true printed copy, has been published in
each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to wit:
12/30/2021
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: December 30, 2021.
t
Signature
PROOF OF PUBLICATION
Legal No. 0011508991
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING AND RESTATING CHAPTER 10.10
(WASTE COLLECTION AND DISPOSAL), CHAPTER 10.11
(BINS AND DROP-OFF BOXES), SECTION 10.12.085 (SEWER
IMPACT AND IMPROVEMENT FEE (COMBINING CENTRAL
ANAHEIM AREA), SECTION 10.12.090 (SEWER IMPACT AND
IMPROVEMENT FEE (WEST CITY AREA)), SECTION
10.12.095 (SEWER IMPACT AND IMPROVEMENT FEE (EAST
CITY AREA)) OF THE ANAHEIM MUNICIPAL CODE
The proposed ordinance has been prepared to comply with SB 1383 re-
quirements. It includes amendments to Chapters 10.10 (Waste Collection
and Disposal), 10.11 (Bins and Drop-off Boxes), and 10.12 (Sanitation
Charges) of Title 10 (Public Service and Utilities) of the Anaheim Munic-
ipal Code. The amendments include new definitions and procedures with
separate requirements for single-family and multi -family properties,
commercial businesses (including commercial edible food generators
and food recovery organizations), and franchise haulers. The proposed
ordinance also adds an enforcement mechanism including authorization
for the City to inspect and investigate complaints or confirm compliance
with SB 1383, Beginning January 1, 2024, the City would also be author-
ized to issue notices of violation for non-compliance.
Chapter 10.12 (Sanitation Charges), Sections 10.12.085, 10.12.090, and
10.12.95 (Sanitary Sewer Impact Fee for Central, West, and East Areas
respectively) amendments include updating the language and removing
outdated paragraphs.
I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is a summary of Ordinance No. 6519, which ordinance was
introduced at a regular meeting of the City Council of the City of Ana-
heim on the 7th day of December, 2021 and was duly passed and adopted
at a regular meeting of said Council on the 21st day of December, 2021 by
the following roll call vote of the members thereof:
AYES: Mayor Pro Tem Faessel and Council Members Diaz,
Ma'ae, Valencia, and O'Neil
NOES: None
ABSENT: Mayor Sidhu and Council Member Moreno
ABSTAIN: None
The above summary is a brief description of the subject matter contained
in the text of Ordinance No. 6519 which has been prepared pursuant to
Section 512 of the Charter of the City of Anaheim. This summary does not
include or describe every provision of the ordinance and should not be re-
lied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office
of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday
through Friday. There is no charge for the copy.
Publish: Anaheim Bulletin December 30, 2021 11508991
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6519 and was published in the Anaheim Bulletin on the 30th
day of December, 2021, pursuant to Section 512 of the City Charter of the City of
Anaheim.
F THE CITY OF ANAHEIM
(SEAL)