Ord 2021-012 adding 3-24 Organics Reduction

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(1) Acts of nature such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays not within the control of respondant or their agents in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Member Agency is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (f) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed in the administrative citation and consistent with the Enforcement Agency's appeal procedures. (g) Education Period for Non -Compliance. With respect to provisions of this Ordinance subject to enforcement starting January 1, 2024, the Enforcement Agency will, prior to that date, conduct Inspections, Remote Monitoring (if such a program is implemented), Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the Enforcement Agency determines that Organic Waste Generator, Self -Hauler, Regulated Hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Ordinance and a notice that compliance is required and that violations may be subject to administrative citations, penalties, or other remedies starting on January 1, 2024. (h) Civil Penalties for Non -Compliance. If the Enforcement Agency determines that an Organic Waste Generator, Self -Hauler, Regulated Hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Ordinance, it may document the noncompliance or violation, issue a Notice of Violation, and/or take Enforcement Action pursuant to this Section, as needed and consistent with the enforcement commencement dates set forth in subsection (c)(1), above. (i) The WMA is authorized and designated to carry out the responsibilities specified herein as an Enforcement Agency. This authorization and designation does not limit the City's authority to independently carry out some or all of the responsibilities designated herein, and the City retains full authority to implement and enforce this Chapter. The City Council may, by resolution, authorize and designate other entities to carry out responsibilities under this Chapter and no amendment of this Chapter shall be required. 3890189.1