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Home My WebLink About _ 4(c)--Ordinance No. 2664 Amending RMC Title 9 regarding Commercial Edible Food Generators CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Adopt Ordinance No. 2664, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 9 (Health and Safety), Chapter 9.28 (Solid Waste and Recycling) by amending Section 9.28.010 (Definitions) and adding Section 9.28.275 (Commercial Edible Food Generators), relating to the establishing of criteria for recovery and disposal of edible food. Attachments ^Ordinance No. 2664 MEETING DATE: October 17, 2023 ITEM NO. 4(c) FROM: ***APPROVED BY*** caukland@ci.redding.ca.us btippin@cityofredding.org SUBJECT: 4(c)--Adopt Ordinance No. 2664 amending Redding Municipal Code Title 9 (Health and Safety) relating to the establishing of criteria for recovery and disposal of edible food. Chuck Aukland, Public Works Director First Reading done: 09/19/2023 CA DRAFT NEW ORDINANCE For adoption on: 10/17/2023 (5-0) CC Agenda item no.: 4(c) ORDINANCE NO. 2664 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 9 (HEALTH AND SAFETY), CHAPTER 9.28 (SOLID WASTE AND RECYCLING) BY AMENDING SECTION 9.28.010 (DEFINITIONS) AND ADDING SECTION 9.28.275 (COMMERCIAL EDIBLE FOOD GENERATORS), RELATING TO THE ESTABLISHING OF CRITERIA FOR RECOVERY AND DISPOSAL OF EDIBLE FOOD THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 9 (Health and Safety), Chapter 9.28 (Solid Waste and Recycling), Section 9.28.010 of the Redding Municipal Code is hereby amended to read as follows: 9.28.010 - Definitions. Unless it is apparent from the context that another meaning is intended, the following words, when used in this chapter, shall have the meanings respectively ascribed to them by this section: A. "Commercial" means of or pertaining to a business establishment and/or industrial facility including, but not limited to, governmental, religious, and educational facilities. B. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this ordinance or 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, as defined in 14 CCR Section 18982(a)(7). C. "Container" means a bin, cart, roll-off box, drop box, receptacle, can, waste wheeler, compactor or other city-approved vessel for the collection of solid waste. D. "Customer" means the person subscribing to collection services. E. “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. F. “Edible Food” has the same meaning as set forth 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 (Health and Safety Code section 113700 et seq.). G. "E-waste" has the same meaning as in Public Resources Code Section 42463. H. “Food Distributor” has the same meaning as set forth in 14 CCR Section 18982(a)(22). I. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. J. “Food Recovery” has the same meaning as set forth in 14 CCR Section 18982(a)(24). K. “Food Recovery Organization” has the same meaning as set forth in 14 CCR Section 18982(a)(25). For purposes of this Chapter, a Food Recovery Organization is not a Commercial Edible Food Generator. L. “Food Recovery Service” has the same meaning as set forth in 14 CCR Section 18982(a)(26). For the purposes of this Chapter, a Food Recovery Service is not a Commercial Edible Food Generator. M. “Food Service Provider” has the same meaning as set forth in 14 CCR Section 18982(a)(27). N. "Food soiled paper" means compostable paper material that has come into contact as a result of food preparation. O. "Food waste" or "food scraps" solid waste comprised of but not limited to animal, fruit, or vegetable refuse that has been prepared for or intended to be used as food or has resulted from the preparation of the food. Food waste also includes food- soiled paper resulting from such food preparations and/or storage. Food waste excludes fats, oils, and grease when said materials are separated from other food scraps. P. "Generator" means a person that produced solid waste to include mixed materials, organic materials, bulky goods or recyclable materials. Q. “Inspection” has the same meaning as set forth in 14 CCR Section 18982(a)(35). R. “Large Event” has the same meaning as set forth in 14 CCR Section 18982(a)(38). S. “Large Venue” has the same meaning as set forth in 14 CCR Section 18982(a)(39). T. "Organic waste" means solid waste including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, nonhazardous wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. U. "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste. V. "Recycle" or "recycling" has the meaning established by the State's Public Resources Code Section 40180. W. "Responsible party" means "customer" and/or "owner," "tenant" or "occupant." X. "Self-hauler" means a person disposing of solid waste generated by that person or occupants of the person's property when such solid waste is removed, transferred and disposed in compliance with all applicable laws. Y. "Solid waste" has the same meaning as defined in the State of California's Resources Code Section 40191, in addition to materials that may be recycled. Solid waste does not include any of the following wastes: 1. Hazardous waste, as defined in the State Public Resources Code 28 Section 40141. 2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8, 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 of Division 104 of the State Health and Safety Code). Z. "Solid waste services" means the collection, transfer, processing, recycling, removal, transportation and disposal of Solid Waste. aa. “Tier One Commercial Edible Food Generator” has the same meaning as set forth in 14 CCR Section 18982(a)(73). bb. “Tier Two Commercial Edible Food Generator” has the same meaning as set forth in 14 CCR Section 18982(a)(74). cc. "Unacceptable waste" means any and all waste, including but not limited to hazardous waste, household hazardous waste, and medical waste. dd. "U-waste" means waste that the California Department of Toxic Substances control considers universal waste (Title 22, Division 4.5, Chapter 23), including but not limited to household batteries, fluorescent light tubes, compact fluorescent light tubes, sharps, computers, radios, some appliances and mercury-containing devices. Section 2. Title 9 (Health and Safety), Chapter 9.28 (Solid Waste and Recycling), Section 9.28.275 of the Redding Municipal Code is hereby added to read as follows: 9.28.275 - Commercial Edible Food Generators (A) Pursuant to 14 CCR Section 18991.3, Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2024. (B) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (C) Commercial Edible Food Generators shall: (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 a Food Recovery Organization for Food Recovery. (3) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow City personnel or any City-designated third-party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: (a) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (b) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (c) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: (i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization. (ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. (iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. (6) No later than March 1st of each year commencing no later than March 1, 2024, for Tier One Commercial Edible Food Generators and March 1, 2025, for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Jurisdiction that includes the information identified in Redding Municipal Code 9.28.275(C)(5). (D) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food do nation guidance pursuant to Education Code sections 49580-49581 and Health and Safety Code 11479. Section 3. Severability. If any section, subsection, sentence, clause or phrase of these ordinances is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinances. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 4. The passage of this ordinance is exempt from environmental review under 14 CCR 15308 as a regulatory action for the protection of the environment. This ordinance shall regulate the recovery and disposal of edible food wastes which will reduce the disposal of edible food waste into the solid waste disposal system. Section 5. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 19th day of September, 2023, and was duly adopted at a regular meeting on the ____ day of __________, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ____________________________________ MICHAEL DACQUISTO, Mayor ATTEST: FORM APPROVED: _______________________________ ____________________________________ SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney DATE ATTESTED: October ____, 2023