Los Angeles Municipal Code Art. 6 Garbage, Refuse Collection

Section

• 66.00 Definitions.

• 66.00.1 Solid Waste Services.

• 66.01 Solid Waste Collection.

• 66.02 Solid Waste Container Specifications.

• 66.03 Solid Waste Service Required.

• 66.04 Requirements for Commercial Edible Food Generators.

• 66.05 Requirements for Food Recovery Organizations and Services.

• 66.06 Inspection and Investigation.

• 66.07 Enforcement.

• 66.08.1 Solid Waste Disposal Facility Franchises or Contracts.

• 66.08.3 Operation of Solid Waste Disposal Facilities.

• 66.08.4 Solid Waste Disposal Franchise Terms and Conditions.

• 66.08.5 Solid Waste Disposal Facility Franchise Fees.

• 66.08.6 Other Solid Waste Disposal Facility Franchise Provisions.

• 66.17.1 Proof of Solid Waste Collection Service.

• 66.23 Solid Waste Vehicles – Use of Streets.

• 66.24 Replacing Fallen Material.

• 66.25 Depositing Solid Waste on Streets or in the Los Angeles River Prohibited.

• 66.27 Rules and Regulations – Effect of Non-compliance With.

• 66.28 Solid Waste – Tampering With.

• 66.29 City Employees – Use of Solid Waste.

• 66.30 Construction of Article.

• 66.31 Used Container Salvage Yard.

Private Solid Waste Haulers and Recyclers

• 66.32 Purpose.

• 66.32.1 Solid Waste Hauler Permit Requirements.

• 66.32.2 AB 939 Compliance Fees.

• 66.32.3 Violations, Penalties, and Permit Suspension and Revocation.

• 66.32.4 Compliance Permit Terms and Conditions.

• 66.32.5 Indemnification.

Franchises for the Collection, Transportation and Processing of Commercial and Multi-family Solid Waste

• 66.33 Purpose.

• 66.33.1 Definitions.

• 66.33.2 Exclusive Franchise for Collection Services.

• 66.33.3 Unlawful Activities.

• 66.33.4 Franchise Zones.

• 66.33.5 Franchise Agreement Fees.

• 66.33.6 Minimum Franchise Agreement Standards.

• 66.33.7 Subcontractor Information.

• 66.33.8 Revenue from Sale of Recylables.

• 66.33.9 Certification of Processing Facilities.

• 66.33.10 Permit Requirement.

• 66.33.11 Severability.

(Amended by Ord. No. 187,711, Eff. 1/18/23.)

For the purpose of this article, the following words and phrases are defined and shall be construed as set out here, unless it is apparent from the context that they have a different meaning:

1. “Board” means the City of Los Angeles Board of Public Works.

2. “Bureau” means the Bureau of Sanitation of the City or its duly authorized representative.

3. “California Code of Regulations” or “CCR” means the California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).

4. “City” means the City of Los Angeles.

5. “Collection Services” means the collection, transportation, and delivery for processing or disposal of Solid Waste from Commercial Establishments and Multi-family Dwellings.

6. “Commercial Edible Food Generator” means a Tier One or a Tier Two Commercial Edible Food Generator. Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

7. “Commercial Establishment” means all real property in the City, except Residential Premises and premises that receive Solid Waste disposal service from the City, where for-profit or not-for-profit activity is conducted, including, but not limited to, manufacturing, transportation, retail sales, wholesale operations, hotel or motel operations, education, or other commercial services, business, or institutional activity.

8. “Commingled Recyclables” means Recyclables that have been separated or kept separate from other Solid Waste at the point of generation for additional sorting or processing before being recycled or reused. Commingled Recyclables are distinct from Source-Separated Recyclable Material in that they have not been sorted by material type. Commingled Recyclables shall not consist of Construction and Demolition Waste.

9. “Construction and Demolition Waste” means Solid Waste that results directly from construction, remodeling, repair, demolition, or deconstruction of buildings and other structures, does not contain Hazardous Waste, and contains no more than 1% putrescible wastes by volume, calculated on a monthly basis. Construction and Demolition Waste includes, but is not limited to, asphalt, concrete, Portland cement, brick, lumber, wallboard, roofing material, ceramic tile, pipe, glass, carpet, and associated packing.

10. “Director” means the Director of the Bureau.

11. “Dwelling Unit” means a unit for residential occupancy with one or more rooms, one of which is a kitchen.

12. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article or as otherwise defined in 14 CCR Section 18982(a)(18), Edible Food is not Solid Waste if it is recovered and not discarded.

13. “Enforcement Action” means an action of the City to address non-compliance with this article, including, but not limited to, issuing administrative citations, fines, or penalties, or pursuing other remedies.

14. “Enforcement Agency” means the Bureau.

15. “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, or as otherwise defined in Section 113789 of the California Health and Safety Code.

16. “Food Material” means material that was acquired for animal or human consumption and source- separated from the municipal Solid Waste stream. Food Material includes, but is not limited to, fruits, vegetables, dairy, meats and fish (including bones), coffee grinds, and tea bags. Food Material also includes Food-Soiled Paper Products.

17. “Food Recovery” means actions to collect and distribute food fit for human consumption that otherwise would be discarded, or as otherwise defined in 14 CCR Section 18982(a)(24).

18. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(i) A food bank as defined in Section 113783 of the Health and Safety Code;

(ii) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

(iii) 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 article and implementation of 14 CCR, Division 7, Chapter 12, pursuant to 14 CCR Section 18982(a)(7). To the extent this definition comes into conflict with 14 CCR Section 18982(a)(25) in the future, Section 14

19. “Food Recovery Service” means a Person who collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entity 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.

20. “Food Service Provider” means an entity primarily engaged in providing food services to others in institutional, governmental, commercial, or industrial locations based on contractual arrangements, or as otherwise defined in 14 CCR Section 18982(a)(27).

21. “Food-Soiled Paper Products” means paper that has come into contact with food or liquid where the paper is neither coated nor lined, including, but not limited to, napkins, newspaper, paper plates, paper towels, paper egg cartons, paper bags, pizza boxes, and milk cartons.

22. “Gross Receipts” means those receipts defined as Gross Receipts in Los Angeles Municipal Code Section 21.00(a) generated by the collection of Solid Waste, including, but not limited to, receipts from the collection, disposal, and processing of Solid Waste, and from the rental of Solid Waste containers. For purposes of Sections 66.32.1 through 66.32.5, Gross Receipts shall not include receipts generated by the collection and sale of Source-Separated Recyclable Material or Commingled Recyclables.

23. “Hazardous Waste” means any waste as defined in California Health and Safety Code Section 25117.

24. “Inspection” means a site visit where the City or its designee may review an entity’s records and containers, as well as its handling of Edible Food, and its collection, handling, recycling, and landfill disposal of Organic Waste to determine if the entity is complying with the requirements set forth in this article.

25. “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 event day at a location, such as a 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 govern.

26. “Large Venue” means a permanent venue facility annually seating or serving an average of more than 2,000 individuals within the grounds of the facility per day of operation. A Large Venue includes, but is not limited to, a 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. 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. To the extent this definition comes into conflict with 14 CCR Section 18982(a)(39) in the future, Section 14 CCR Section 18982(a)(39), or any successor provision, shall govern.

27. “Multi-family Dwelling” means any building, structure, unit, or location designed for residential occupancy, exclusive of Single Family Dwelling.

28. “Non-Compostable Paper” means paper that will not break down in the composting process and includes, but is not limited to, paper that is coated in a plastic material.

29. “Organic Waste” or “Organics” 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.

30. “Organic Waste Generator” means a Person who is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

31. “Organic Waste Self-Hauler” means a Person who generates and hauls Organic Waste to another Person, for transfer, processing, composting, anaerobic or aerobic digestion, or other Organic Waste recovery activity. Organic Waste Self-Hauler also includes a Person who generates and transports Organic Waste to a destination owned and operated by the Organic Waste Generator, using the Organic Waste Generator’s own employees and equipment. An Organic Waste Self-Hauler is also known as a “back- hauler.”

32. “Person” means a natural person, business, contractor, joint venture, joint stock company, firm, partnership, association, club, company, corporation, business trust, or organization; or the manager, employer, agent, servant, officer, or employee of any of them. Person shall not mean the City or any of its constituent entities, departments, boards, employees, or officers.

33. “Recovered Organic Waste Product” means a product made from landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

34. “Recyclables” means Solid Waste that is capable of being recycled or reused in the marketplace, whether Source-Separated or commingled with other Solid Waste.

35. “Residential Premises” means Single Family Dwellings and Multi-family Dwellings.

36. “Self-Hauler” means a Person who is not primarily engaged in the business of collection, removal, or transportation of Solid Waste, but who in the course of performing the Person’s primary business function incidentally transports Solid Waste. Examples include, but are not limited to, gardeners, landscapers, and household cleanup service firms. A Person who collects, removes, or transports Construction and Demolition Waste is not a Self-Hauler, but is a Solid Waste Hauler.

37. “Single Family Dwelling” means a building designed for residential occupancy and containing one or two Dwelling Units.

38. “Solid Waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including: garbage; trash; refuse; paper; rubbish; ashes; industrial wastes; Construction and Demolition Waste; abandoned vehicles and parts thereof; discarded home and industrial appliances; dewatered, treated, or chemically fixed sewage sludge that is not Hazardous Waste; manure; vegetable or animal solid and semisolid wastes; and other discarded solid and semisolid wastes. Solid Waste does not include any of the following:

(i) Hazardous Waste;

(ii) Radioactive waste regulated pursuant to Part 9 of Division 104 of the California Health and Safety Code;

(iii) Medical waste regulated pursuant to Part 14 of Division 104 of the California Health and Safety Code; or

(iv) Pharmaceutical waste as defined in California Health and Safety Code Section 117748.

39. “Solid Waste Disposal Facility” means a facility permitted under applicable local, state, and federal laws and regulations to accept and dispose of Solid Waste.

40. “Solid Waste Hauler” means a Person engaged in the business of providing for the collection, removal, or transportation of Solid Waste.

41. “Source-Separate” means to segregate different waste materials, such as Recyclables or Organics, at the point of generation, to be kept apart from Solid Waste or other materials at the waste stream for the purpose of collection and/or recycling.

42. “Source-Separated” means segregation of different waste materials, such as Recyclables or Organics, at the point of generation, to be kept apart from Solid Waste or other materials at the waste stream for the purpose of collection and/or recycling.

43. “Source-Separated Recyclable Material” means Recyclables that have been separated or kept separate from other Solid Waste at the point of generation and sorted by material type, such as wood, metal, glass, concrete, or Organics, without being commingled with other Solid Waste, including Recyclables. To qualify as Source-Separated Recyclable Material, each type of material must be transferred in a separate container to a recycling center.

44. “Source-Separated Organic Waste” means Organic Waste that can be placed in a green container specifically intended for the separate collection of Organic Waste by the generator, including Food Material, wood waste, brush, grass clippings, plant and tree trimmings, leaves, Christmas trees, and other organic material; and excluding organic material containing inorganic material, carpets, Non- Compostable Paper, and textiles, as defined by the Director and approved by the Board.

45. “Tier One Commercial Edible Food Generator” means a supermarket or grocery store with a total facility size equal to or greater than 10,000 square feet, Food Service Provider, food distributor, Wholesale Food Vendor, or as otherwise defined in 14 CCR Section 18982(a)(73).

46. “Tier Two Commercial Edible Food Generator” means a restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; a hotel with an on-site Food Facility and 200 or more rooms; a health facility with an on- site Food Facility and 100 or more beds; a Large Venue; a Large Event; or as otherwise defined in 14 CCR Section 18982(a)(74).

47. “Wholesale Food Vendor” means a Person who sells food to other organizations (rather than to individual consumers), usually in large amounts; or a Person who receives, stores, and prepares food before shipping it to distributors, retailers, or other locations.

(Title Amended by Ord. No. 182,986, Eff. 5/28/14.)

(a) Subject to the availability of funds therefor, it is the policy of the City of Los Angeles to provide the following: (Amended by Ord. No. 143,146, Eff. 4/27/72.)

1. The collection of household solid waste combined in one or more containers by a single pickup except when more than one pickup is required by the Board and approved by Council resolution, on a regularly scheduled basis, but not to provide for the collection of commercial solid waste. (Amended by Ord. No. 182,986, Eff. 5/28/14.)

2. The collection of dead animals on call as the need occurs, including such removal from commercial establishments only when death of such animal or fowl is from natural causes or accidental, or through intentional destruction for humane reasons to prevent suffering on the part of the animal or fowl from sickness or in jury; provided that the animal or fowl is not killed as a result of the regular routine operation of any commercial enterprise, thereby intentionally creating the carcasses and provided further that any collection of dead animals shall not include any dead animals from any pet hospital, humane society, kennel, stable, veterinary establishment or any commercial, industrial education, research medical or other facility that deal with or uses animals in connection with its operation or the collection or pickup of dead horses from private property. (Amended by Ord. No. 158,075, Eff. 8/22/83.)

3. The collection by the Bureau employing a three-container system of a blue container for Source- Separated Recyclables and/or Commingled Recyclables, a green container for Source-Separated Organic Waste, and a black container for Solid Waste. (Added by Ord. No. 187,711, Eff. 1/18/23.)

(b) It is the policy of the City of Los Angeles to dispose of solid waste collected by the City, including metals, in land reclamation sites owned and operated or otherwise controlled by the City or in City-owned incinerators when economically feasible, or by contractual arrangement where appropriate. Contractual arrangements involving consideration in excess of $5,000 shall be approved by the Council by ordinance or resolution, except in the case of an emergency as determined by the Director. (Amended by Ord. No. 182,986, Eff. 5/28/14.)

(c) (Amended by Ord. No. 118,900, Eff. 6/3/61.) Incinerators and land reclamation sites operated by the City shall be available for public use subject to the following conditions:

1. That the Board, after fully considering all the facts, determines that there exists at a particular incinerator or land reclamation site a capacity for refuse disposal in excess of that needed by the City;

2. That the Board, after considering the size and capacity of a land reclamation site, the location in which it is situated, the nature and condition of the roads giving access thereto, and other and similar considerations, determines, subject to the approval by the Council, that the use for public dumping purposes of a particular land reclamation site is in the public interest;

3. That the Board, subject to approval by the Council, shall fix charges for public use of incinerators and land reclamation sites operated by the City in such amounts as are sufficient to ensure that each use will bear a proportionate share of the maintenance amortization, operation, handling and other costs. The Council may by resolution, either upon its own motion or upon recommendation of the Board, increase or decrease charges in order to meet changing cost conditions.

(d) Land reclamation sites owned by the City shall be devoted upon completion of reclamation to such use as the Council shall determine. (Amended by Ord. No. 118,900, Eff. 6/3/61.)

(e) The Board shall adopt rules and regulations, not inconsistent with this Article, to effectuate the purposes and intent of this Section and the further provisions of this Article. Any such rule or regulation pertaining to solid waste collection shall be approved by the Council. (Amended by Ord. No. 182,986, Eff. 5/28/14.)

(f) The Board, subject to the approval of the Council in each instance by resolution, may from time to time institute and conduct one or more pilot programs within an area or areas of the City designated by the Board for the separate collection and disposal of solid waste on a regularly scheduled basis, for the purpose of studying costs to the City and other factors of such program or programs compared with the policies set forth in Subsection (a) of this Section. (Amended by Ord. No. 182,986, Eff. 5/28/14.)

(g) It is the policy of the City to collect from the Los Angeles Unified School District’s facilities and schools such recyclable materials as designated by the Board of Public Works; provided any such facility or school is located on an existing curbside recycling truck route and the service is to be provided at no cost to the Los Angeles Unified School District. (Added by Ord. No. 168,661, Eff. 4/29/93.)

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

No person shall remove or convey any solid waste upon or along any street in this City, provided, however, that the provisions of this section shall not apply to any person in the employ of this City who shall be assigned by the Board to the work of solid waste disposal or to any person with whom this City has entered into, or may hereafter enter into, a contract for the collection, removal and disposal of solid waste or to any employee of such contractor during the time the employee’s contract shall be in force, and provided further that solid waste collection and disposal contractors serving neighboring municipalities, County sanitation districts, State or Federal institutions, or any person in the employ of any such governmental agency may haul garbage over the streets of this City after having first obtained a permit therefor pursuant to Section 66.32, et seq.

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

It shall be the duty of every owner, manager, or person in possession, charge or control of any commercial establishment, and every person occupying a residential premises within the City to provide, and at all times to keep containers for holding solid waste. Each container shall be constructed to be nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe handling. Each such container and its cover shall be made of such materials as may be approved for such use by the Board and by the City Council. The cover shall not be removed except when necessary to place solid waste therein or to remove solid waste therefrom. Each container and its cover shall be kept cleaned on the outside from accumulating grease and decomposing material and shall be of an adequate size and in sufficient numbers to contain, without overflowing, all the solid waste that a household or other establishment generates within the designated removal period. Each such container when filled shall not exceed reasonable lifting weights for an average physically fit individual except where mechanical loading systems are used. Any such vessel, tank or receptacle shall comply with Part 1301 of Title 16 of the Code of Federal Regulations to the extent that such Part is applicable to any such vessel, tank or receptacle.

(Amended by Ord. No. 187,711, Eff. 1/18/23.)

(a) No Person shall keep any Solid Waste or allow any Solid Waste to remain upon any premises within the City for more than seven days, excluding Organics used for composting or mulch. All Solid Waste shall be placed in containers that meet the requirements of Section 66.02.

(b) A Person from whom the City collects Solid Waste, Recyclables, and/or Organics shall place Source- Separated Organic Waste in the green container, Source- Separated Recyclable Material and/or Commingled Recyclables in the blue container, and Solid Waste in the black container.

(c) Owners of Commercial Establishments and Multi-family Dwellings that do not receive Collection Services from the City, the generator of Solid Waste at such premises, or the agent of such owner or generator shall subscribe to and pay for Collection Services provided by a Solid Waste Hauler authorized to provide such services pursuant to the provisions of this article.

(d) The minimum level of service to which the owner, generator, or agent of non-City-serviced Commercial Establishments and Multi-family Dwellings shall subscribe shall be the number and size of Solid Waste containers suitable for Solid Waste collection, and the frequency of collection necessary for the removal and disposal of all Solid Waste generated at the premises, excluding Commingled Recyclables and Source-Separated Recyclable Material, in a seven-day period. Such minimum level of service shall be determined by the owner, generator, or agent and the Solid Waste Hauler. In the event the owner, generator, or agent and the Solid Waste Hauler do not agree on the minimum level of necessary service, such determination shall be made by the Director.

(e) All Commercial Establishments and Multi-family Dwellings shall have Collection Services for Source- Separated Recyclables and/or Commingled Recyclables and Source-Separated Organic Waste.

(f) Any Person generating Organic Waste but not receiving Collection Services from the City, and any Commercial Establishments or Multi-family Dwellings generating Organic Waste but not receiving Collection Services from the City, shall comply with requirements adopted pursuant to this article for the collection and recovery of Organic Waste by:

(1) Subscribing to and complying with the requirements of the Organic Waste Collection Services provided consistent with Section 66.33 of this Code;

(2) Self-hauling Organic Waste in a manner that complies with requirements as issued by the Bureau; or

(3) Obtaining a waiver of Organic Waste Collection Services if the Director develops and implements a generator waiver program, in accordance with 14 CCR Section 18984.11. The Director or the Director’s designee shall have discretion to grant any such waivers.

(g) A Person generating Organic Waste shall place Source-Separated Organic Waste in the green container, Source-Separated Recyclable Material and/or Commingled Recyclables in the blue container, and Solid Waste in the black container. No Person shall place Solid Waste in the blue container or green container.

(h) Nothing in this article prohibits a Person generating Solid Waste, Recyclables, and/or Organics from preventing or reducing waste generation, managing Organic Waste on-site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(i) A Commercial Establishment shall:

(1) Provide containers for the collection of Organic Waste and Recyclables in all areas where disposal containers are provided for the customers of the Commercial Establishment, except for restrooms. The containers provided by the Commercial Establishment shall have either:

(A) A body or lid that conforms with the container colors provided through the Organic Waste Collection Service; or

(B) A container label that complies with the requirements of 14 CCR Section 18984.8.

(2) Prohibit employees from placing Organic Waste in a container not designated to receive Organic Waste as set forth in 14 CCR Sections 18984.1(a)(5) and 18984.2(c).

(3) Periodically inspect Organic Waste containers for contamination and inform employees if containers are contaminated and of the requirement to only use those containers for Organic Waste.

(4) Annually provide written information to their employees, contractors, tenants, and customers about Organic Waste recovery requirements and about proper sorting of Source-Separated Organic Waste and Source-Separated Recyclable Material and/or Commingled Recyclables.

(5) Provide written educational information to new tenants no later than 14 days after their occupation of the premises describing requirements to keep Source-Separated Organic Waste and Source-Separated Recyclable Material and/or Commingled Recyclables separate from the black container (when applicable), and confirming the location of containers and the rules governing their use at each property.

(6) This Subsection (i) does not apply to Multi- family Dwellings.

(j) A Commercial Establishment is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever is earlier.

(k) If a Commercial Establishment does not generate any of the materials that would be collected in one type of container, then the Commercial Establishment need not provide that type of container in all areas where disposal containers are provided for customers.

(Added by Ord. No. 187,711, Eff. 1/18/23.)

(a) A Tier One Commercial Edible Food Generator must comply with the requirements of this section beginning January 1, 2022, and a Tier Two Commercial Edible Food Generator must comply beginning January 1, 2024.

(b) A Large Venue or Large Event operator not providing food services, but allowing for food to be provided by others, shall require any Food Facility or Food Service Provider operating at the Large Venue or Large Event to comply with the requirements of this section, beginning January 1, 2024.

(c) A Commercial Edible Food Generator shall:

(1) Arrange to recover the maximum amount of Edible Food that would otherwise be discarded.

(2) Contract with or enter into a written agreement with a Food Recovery Organization or Food Recovery Service 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) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

(4) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(A) A list of each Food Recovery Organization, Food Recovery Service, or other entity 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 Food Recovery Service, Food Recovery Organization, or other entity listed pursuant to Subsection 66.04(c)(4)(A):

(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 selfhauled 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 by or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

(5) Submit reports as required by the Enforcement Agency, on provided forms, documenting the quantity of food, measured in pounds, recovered by, collected by, or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery, and including other information as listed on the Enforcement Agency website.

(d) Nothing in this section requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

(e) 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 Samaritan Act, or Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, adding Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and amending Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded, and replaced from time to time).

(Added by Ord. No. 187,711, Eff. 1/18/23.)

(a) A Food Recovery Service collecting or receiving Edible Food directly from a Commercial Edible Food Generator located within the City, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records specified by 14 CCR Section 18991.5(a)(1).

(b) A Food Recovery Organization collecting or receiving Edible Food directly from a Commercial Edible Food Generator located within the City, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records as specified by 14 CCR Section 18991.5(a)(2).

(c) A Food Recovery Service or Food Recovery Organization that has its primary address physically located in the City and contracts with or has written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report annually, by April 1, to the Enforcement Agency the total pounds of Edible Food recovered in the previous calendar year from any Tier One and Tier Two Commercial Edible Food Generator with which the Food Recovery Organization or Food Recovery Service had established a contract or written agreement pursuant to 14 CCR Section 18991.3(b), on forms provided by the Enforcement Agency.

(d) A Food Recovery Service or Food Recovery Organization operating in the City shall provide information and consultation to the City, upon the City’s request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days.

(Added by Ord. No. 187,711, Eff. 1/18/23.)

(a) A City representative and/or designee is authorized to conduct an Inspection and investigation, at random or otherwise, to confirm compliance with this article by any Organic Waste Generator, Commercial Establishment (including a Multi-family Dwelling), property owner, Commercial Edible Food Generator, hauler, Self- Hauler, Food Recovery Service, and Food Recovery Organization, subject to applicable laws.

(1) The City shall seek consent for an Inspection or investigation from the Person, property owner, facility owner, manager, or other individual at the premises who has, claims to have, or appears to have the authority to grant consent to an Inspection.

(2) A consenting Person, facility, or regulated entity shall provide or arrange for access during an Inspection and shall cooperate with the City’s representative or its designee during such Inspection or investigation.

(3) This section does not allow entry inside a private residence for Inspection.

(4) The scope of an Inspection or investigation may include confirmation of proper placement of materials in containers; evaluation of Edible Food Recovery activities; review of written agreements and records; examination of collection vehicle loads; assessment of materials collected from generators during their transfer or processing, or at the disposal facility; review of Source-Separated materials; or Inspection or investigation of compliance with any other requirement of this article.

(5) If the Person, facility, or regulated entity does not consent to an Inspection, then the Person, facility, or regulated entity shall be rebuttably presumed not to be in compliance with the requirements of this article. The Person, facility, or regulated entity can rebut this presumption by proving compliance with this article. Evidence of such compliance may include, for example, confirmation of proper placement of materials in containers, demonstration of Edible Food Recovery activities, furnishing proof of subscription to Organic Waste services, etc.

(b) Failure to demonstrate compliance with the requirements of this article and/or failure to rebut the presumption of noncompliance may result in penalties described in Section 66.07 of this Code.

(c) Any records obtained by the City during its Inspection or investigation shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.

(Added by Ord. No. 187,711, Eff. 1/18/23.)

(a) Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and/or Enforcement Action.

(b) Enforcement pursuant to this article may be undertaken by the Director or designee.

(c) The Person, facility, or regulated entity issued a notice of violation shall comply by the compliance date on the notice of violation, or within 60 calendar days, whichever is earlier.

(d) Absent timely compliance with the deadline set forth in the notice of violation or 60 calendar days, whichever is earlier, by the Person, facility, or regulated entity subject to enforcement, the City shall commence an action to impose civil penalties in accordance with Subsection (e).

(e) Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Commercial Establishment (including a Multi-family Dwelling), property owner, Commercial Edible Food Generator, hauler, Self- Hauler, Food Recovery Service, or Food Recovery Organization is not in compliance with the requirements in this article, the City shall document the noncompliance or violation, issue a notice of violation, and take Enforcement Action as detailed in this section.

(1) Violations of Sections 66.03(a), 66.03(f), 66.03(i), 66.04, 66.05, 66.32.1(c), 66.32.1(e), and 66.32.1(f)(1) of this Code shall be subject to penalties as enumerated in Subdivision (2).

(2) The penalties are as follows:

(A) For a first violation, the penalty shall be $50.

(B) For a second violation, the penalty shall be $100.

(C) For a third or subsequent violation, the penalty shall be $250 per violation.

(f) The City may extend the compliance deadlines set forth in the notice of violation if it finds extenuating circumstances beyond the control of the Person, facility, or regulated entity subject to the notice of violation making timely compliance impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(2) Delays in obtaining discretionary permits or other government agency approvals; or

(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity while the City is under a corrective action plan pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(g) Appeals of Penalty.

(1) If a Person, facility, or regulated entity is issued a penalty pursuant to Subsection (e) and believes that the penalty was issued in error or that the penalty was excessive, the Person, facility, or regulated entity may appeal by filing, within 30 days of the mailing of the notice of penalty, a written request for a hearing before the Board. If the Board does not receive a written request for a hearing by this deadline, the penalty shall be deemed final and no administrative relief can be obtained.

(2) If the Person, facility, or regulated entity timely appeals pursuant to the provisions of Subdivision (1) of this subsection, the penalty that is the subject of the appeal shall be stayed pending a hearing before the Board.

(3) After receipt of a written request for a hearing filed in compliance with Subdivision (1) of this subsection, the Board will agendize the matter as soon as the Board deems practicable. At the Board hearing, the Board shall hear testimony of the appellant, if offered, a Bureau representative, and others whose testimony it deems relevant. The appellant shall have the burden of proof and may present evidence on the appellant’s behalf. Upon conclusion of the hearing, the Board shall issue a verbal or written decision. The Board may affirm the penalty or cancel it. If the Board affirms the penalty, the amount affirmed shall be owed thirty (30) days after issuance of the Board’s decision, unless the Board decides otherwise. Once the Board issues a decision, the matter is final, and the City will provide no further administrative relief.

(Repealed by Ord. No. 168,508, Eff. 2/6/93.)

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

Should the City at any time award a franchise or contract for the disposal of solid waste, then no person, other than the franchisee or contractor, shall thereafter be permitted to provide services covered by such franchise or contract within the granted franchise or contract area except as otherwise permitted by the Board.

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

(a) It is unlawful for any person to own, establish, operate or carry on the business of a solid waste disposal facility in the City unless, at the City’s sole option, such person has been granted a non-exclusive franchise by the City Council.

(b) Subsection (a) does not apply to any person who owns or operates a solid waste disposal facility operating as of January 1, 1999, under a valid conditional use permit or other authorizing permit issued by the City, until any one of the following events occurs:

(1) the conditional use permit or other authorizing permit expires, or

(2) the conditional use permit or other authorizing permit is renewed, or

(3) the conditional use permit or other authorizing permit is modified.

(Title Amended by Ord. No. 182,986, Eff. 5/28/14.)

(a) All franchises granted to persons pursuant to this division shall be non-exclusive.

(b) All franchises shall be subject to the terms and conditions specified in this article, in the agreement, and in all other applicable federal, state and local laws and regulations including the Los Angeles Administrative Code.

(c) In granting any franchise, the Council may prescribe additional terms and conditions not in conflict with the City Charter, the City Administrative Code, or this division.

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

The City shall impose a franchise fee each year equal to 12 percent of the annual gross receipts from fees and charges collected by the operator of the solid waste disposal facility.

(Title Amended by Ord. No. 182,986, Eff. 5/28/14.)

(a) The City may expand or contract the scope of the agreement over time due to changes in law or interpretations of law.

(b) The City has the right to inspect franchisee’s records for purposes of determining AB 939 compliance and other reporting requirements. The City may also inspect franchisee’s records to determine proper calculation and payment of franchise fees. The City will provide franchisee with reasonable notice of its intent to inspect any of franchisee’s records.

(c) The City retains the right to terminate or suspend the franchise, as provided in the terms and conditions of the franchise ordinance or as otherwise provided by applicable law.

(Repealed by Ord. No. 181,175, Eff. 6/19/10.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 168,508, Eff. 2/6/93.)

(Repealed by Ord. No. 168,508, Eff. 2/6/93.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 170,518, Eff. 6/22/95.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 180,429, Eff. 1/30/09.)

(Repealed by Ord. No. 168,508, Eff. 2/6/93.)

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

Irrespective of any other provision of this Code, the manager or person in charge of, or in control of, any solid waste of any residential premises or commercial establishment shall furnish written proof, whether in the form of contracts or receipts, to any appropriate municipal authority on request that said premises maintains collection services that collects solid waste generated from said premises in a manner in keeping with current health regulations and in compliance with the requirements of this Article and other provisions of the Los Angeles Municipal Code.

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

(a) No person shall permit any vehicle hauling or used for hauling or carrying any solid waste or other nauseous or offensive substance to remain in or upon any street longer than is necessary for loading and hauling such substance to its destination or permit any such vehicle to be in a filthy or offensive condition, or to remain uncovered when in transit upon streets or near public places.

(b) No person shall remove or convey any solid waste or other nauseous or offensive substance along any street, except in watertight vessels, receptacles or carriers.

(Amended by Ord. No. 182,986, Eff. 5/28/14.)

No person removing or conveying any solid waste shall fail, refuse or neglect to replace immediately in any container any solid waste that shall have fallen therefrom, in or upon any street or in or upon any premises.

(Amended by Ord. No. 186,366, Eff. 10/31/19.)

(a) No person shall deposit or cause to be deposited any solid waste of any kind whatsoever upon or in any street, or upon any premises in this City, or in the Los Angeles River.

(b) Any person whose identifying information is found in or who is otherwise responsible for the deposit of solid waste of any kind whatsoever, upon or in any street, shall be responsible for depositing it on the public right-of-way.

(c) Any violation of this article may be punishable as a criminal offense under Section 11.00 of this Code or by the issuance of an Administrative Citation. Administrative Citations shall be assessed the following fines:

1. An administrative fine of $500 for a first violation;

2. An administrative fine of $750 for a second violation; and

3. An administrative fine of $1,000 for a third violation and $1,000 for each subsequent violation.

(d) In addition to any fine or penalty imposed, whenever any person deposits or causes to be deposited any solid waste in violation of this article and the deposit results in a violation of any state or federal laws or regulations or damages public property, the deposit shall be deemed a public nuisance, and the person having deposited or caused to be deposited the solid waste shall be liable to the City for reasonable costs necessary to correct that nuisance, detriment, or adverse effect, including, but not limited to, labor, material, inspection, transportation, overhead, and incidental expenses associated with the corrective action and the clean-up of the solid waste and its effects.

In addition to the City’s right to recover all costs associated with the corrective action and the clean-up of the pollutant and its effects, the City also shall recover the City’s costs for administering any contract and supervising the work required if the City does not perform the cleanup directly. These administration costs shall equal 40 percent of the cost to perform the actual work, but not less than the sum of $100.

All costs incurred pursuant to this section shall be a personal obligation against the discharger and any owner of any property that is the source of any discharge, and are recoverable by the City in an action before any court of competent jurisdiction. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Amended by Ord. No. 182,986, Eff. 5/28/14.)

The collection of solid waste not prepared and placed for collection in accordance with the rules and regulations adopted by the Board may be rejected by the City.

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

No person, other than the owner thereof, the owner’s agents or employees, or an officer or employee of this City or any person holding a contract with this City for the collection, management and/or disposal of solid waste, shall tamper with or remove any solid waste, solid waste container or the contents thereof from any location where the same had been placed by the owner thereof or the owner’s agent, whether or not such container conforms to requirements or description set forth in the rules and regulations of the Board.

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

No employee of this City shall remove or dispose of, for said employee’s individual use or benefit, any of the contents of any container used for the collection, removal or disposal of solid waste.

(Amended by Ord. No. 182,986, Eff. 5/28/14.)

Nothing contained in this Article shall be deemed to conflict with any section of this Code regulating the collection, removal or disposal of solid waste, but any such sections of this Code and any law shall each be so construed as to give effect to every provision thereof and each shall be deemed to be independent of the other.

(Added by Ord. No. 127,508 Eff. 6/29/64.)

(a) All areas of container salvage yards used for the purpose of cleaning used containers shall be paved with concrete or other similarly impervious, easily cleaned paving material. Areas where liquid cleaning processes are employed shall be sloped to drains. Drainage facilities shall be constructed and maintained in accordance with the Indus- trial Waste Permit regulations as set forth in this chapter.

(b) Used containers in which there is food residue or other such material which may attract rodents or insects shall not be stored in any used container salvage yard for longer than twenty-four (24) hours unless such container has been thoroughly cleaned and drained so as to remove all such used containers and stored in a fully enclosed rodent and fly-proof structure or storage facility.

(c) “Used Container” shall mean used tin cans, boxes, crates, barrels, drums, cartons, bottles or any other container which contains or may contain rodent or insect attracting material.

(d) “Used Container Salvage Yard” shall mean any establishment, lot, yard, place or area where used containers are repaired, processed, cleaned, bought, sold or stored or otherwise salvaged for further use, including the sale of usable containers to a container salvage yard resulting from salvage operations conducted at refuse dumps. Provided, however, that salvage container yard shall not include any disposal business or premises where containers are permanently disposed of, such as refuse dumps, or businesses or premises where containers are converted into scrap and not salvaged for use.

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

In order to meet the diversion goals of AB 939 and the City of Los Angeles which is Zero Waste by 2025, solid waste haulers, contractors and recyclers shall register with the City to obtain a permit. As used in this Section and in Sections 66.32.1 through 66.32.5, the following terms shall have the meanings set forth below:

1. AB 939 shall mean the State of California’s Integrated Waste Management Act of 1989, as may be amended from time to time, and as set forth in California Public Resources Code Sections 40050, et seq., and implementing regulations of the Department of Resources Recycling and Recovery (CalRecycle).

2. AB 939 Compliance Permit shall mean a permit issued pursuant to the provisions of Subsection (a) of Section 66.32.1.

3. Appellant shall mean a person who files a written request for a hearing pursuant to the provisions of Subdivision (1) of Subsection (d) of Section 66.32.3 of this Article.

4. Certified Construction and Demolition Waste Processing Facility shall mean a waste processing facility, operating lawfully pursuant to all applicable permits and possessing valid and current certification from the City of Los Angeles, that accepts construction and demolition waste for the purpose of recovering reusable and recyclable materials and disposing of non-recyclable residual materials.

5. Contractor shall mean any Person who enters into a contract for any construction or demolition project that requires a permit from the Department of Building and Safety.

6. Permittee shall mean a person issued an AB 939 Compliance Permit pursuant to the provisions of Subsection (a) of Section 66.32.1.

(Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)

(a) Permit Required.

(1) Persons who collect, remove or transport Solid Waste, including Construction and Demolition Waste, Source-Separated Materials or Co-Mingled Recyclables, generated within the City, must obtain, in addition to all other required permits, an AB 939 Compliance Permit from the Bureau of Sanitation.

(2) Persons who arrange for the removal or transportation of Construction and Demolition Waste generated within the City, and who do not contract or otherwise arrange with a Permittee to remove or transport such Waste, must obtain an AB 939 Compliance Permit from the Bureau of Sanitation.

(3) Exceptions to Permit Requirement. Subdivision (1) of this Subsection does not apply to Self-Haulers who in the course of performing their primary business function incidentally collect, remove or transport Solid Waste (excluding Construction and Demolition Waste), Source-Separated Materials or Co-Mingled Recyclables, generated within the City, and the total amount of all such Wastes, Materials and Recyclables collected, removed or transported is less than one thousand (1,000) tons per year.

(4) Exceptions to Permit Requirement. Subdivision (1) of this Subsection does not apply to residence owners who generate Construction and Demolition Waste during the course of personally performing construction and demolition projects at their own residences and transport such Waste in their own vehicles.

(b) Construction and Demolition Waste Transportation Requirements.

(1) Every Person required to obtain an AB 939 Compliance Permit who collects, removes or transports Construction and Demolition Waste within the City must transport the Waste for disposition as follows:

(i) delivery of the Construction and Demolition Waste to a Certified Construction and Demolition Waste Processing Facility; or

(ii) delivery of the Construction and Demolition Waste to a facility other than a Certified Construction and Demolition Waste Processing Facility if at least two Certified Construction and Demolition Waste Processing Facilities refuse to accept the Waste and provide the Person with a rejection slip. Rejection slips must be maintained for a minimum of three years from the date the Person received the rejection slips.

(2) Subdivision (1) of this Subsection shall not apply to the collection, removal, or transportation of Source-Separated Material generated from a project within the City and delivered to a recycling facility, or segregated for on-site recycling.

(3) Subdivision (1) of this Subsection shall not apply to residence owners who generate Construction and Demolition Waste during the course of performing construction and demolition projects at their own residences and transport such Waste in their own vehicles.

(c) Reporting and Documentation Requirements.

(1) Every Person required to obtain an AB 939 Compliance Permit shall submit reports as required by the Bureau of Sanitation, on forms provided by the Bureau, documenting all disposal and diversion amounts of materials generated within the City and other information that the Bureau may require.

(2) Documentation. Every Person required to obtain an AB 939 Compliance Permit must maintain documentation of all disposal and diversion amounts of materials generated within the City and other documents that the Bureau may require. Such documentation includes, but is not limited to, invoices, weight tickets, rejection slips (where issued), weight tickets from a destination other than a Certified Construction and Demolition Waste Processing Facility (where issued), and documents identifying construction and demolition project location, quantity of Construction and Demolition Waste, quantity of Solid Waste, quantity of Source-Separated Material and Co-Mingled Recyclables, and destination of each load of material. The documentation required to be maintained by this Subdivision must be kept for at least three years from the date of document creation.

(d) Bins. Bins owned by Solid Waste Haulers that are used to collect, remove or transport Solid Waste, Construction and Demolition Waste, Co-Mingled Recyclables or Source-Separated Material generated within the City must be clearly marked with the Solid Waste Hauler’s name and phone number.

(e) Organic Waste Self-Hauler Requirements. (Added by Ord. No. 187,711, Eff. 1/18/23.)

(1) Self-Haulers shall Source-Separate all Recyclables and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a high diversion Organic Waste processing facility as specified in 14 CCR Section 18984.3.

(2) An Organic Waste Self-Hauler who collects, removes, or transports Organic Waste within the City must deliver their Source-Separated green container Organic Waste to a Solid Waste facility, operation, or property that processes or recovers Source-Separated Organic Waste. Alternatively, Organic Waste Self- Haulers may haul Organic Waste to a high diversion Organic Waste processing facility.

(3) An Organic Waste Self-Hauler that is a commercial establishment (including Multi-family Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, or property that processes or recovers Organic Waste. Records shall be subject to Inspection in accordance with Section 66.06 of this Code and shall include the following information:

(i) Delivery receipts and weight tickets from the facility accepting the waste.

(ii) The amount of material in cubic yards or tons transported by the Organic Waste Self- Hauler to each facility.

(iii) If the material is transported to a facility that does not have scales on-site, or employs scales incapable of weighing the Organic Waste Self-Hauler’s vehicle in a manner that allows determination of the weight of materials received, the Organic Waste Self-Hauler is not required to record the weight of material but shall keep a record of the facilities that received the Organic Waste and the estimated amount of material in cubic yards or tons.

(4) Subdivision (1) of this subsection shall not apply to an owner of a residential property, such as a Single Family Dwelling or Multi-family Dwelling, generating Organic Waste derived exclusively from the performance of landscaping projects at the residential property that the owner transports in the owner’s vehicle.

(f) Transportation of Source-Separated Organic Waste. (Added by Ord. No. 187,711, Eff. 1/18/23.)

(1) Every Person required to obtain an AB 939 Compliance Permit who collects, removes, or transports Organic Waste within the City must:

(i) Transport Source-Separated Organic Waste to a facility, operation, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(ii) Identify the facility to which they will transport Organic Waste, including a facility for Source-Separated Organic Waste.

(Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)

(a) Solid Waste Haulers required to obtain an AB 939 Compliance Permit must pay a fee equal to ten percent (10%) of their annual Gross Receipts. Funds from such fees shall be deposited into the Citywide Recycling Trust Fund established at Section 5.497 of the Los Angeles Administrative Code.

(b) Fees imposed pursuant to the provisions of Subsection (a) of this Section are payable quarterly, and payment is due on or before the thirtieth (30th) day following the end of the calendar quarter in which Gross Receipts are generated. Fees not paid on or before the thirtieth day following the end of the calendar quarter shall be deemed delinquent, and an additional charge equal to two and one-half percent (2.5%) of the fee owed shall be added to the fee, and the additional charge shall become part of the fee owed. An additional two and one-half percent (2.5%) shall be added to such fees for each subsequent calendar quarter that payment of the fee owed is not received by the City, not to exceed a total often percent (10%).

(c) Subsection (a) of this Section shall not apply to Solid Waste Haulers who have obtained an AB 939 Compliance Permit and whose annual tonnage is below one thousand (1,000) tons per year.

(d) Gross Receipts generated from collection or sale of Source-Separated Materials or Co-Mingled Recyclables shall not be subject to the AB 939 Compliance Fee.

(e) Fees imposed pursuant to the provisions of Subsection (a) of this Section shall be owed in addition to any taxes owed pursuant to the provisions of Los Angeles Municipal Code Section 21.00, et seq., and in addition to any other taxes, fees or charges owed for the same period.

(f) The Board of Public Works shall allocate a portion of the fees collected pursuant to the provisions of Subsection (a) of this Section for use as incentives to increase recycling activities. The percentage may be adjusted annually, shall be subject to Council approval, and shall be based on the amount of diversion reported by Solid Waste Haulers.

(Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)

(a) Violations for Collecting, Removing or Transporting Solid Waste without a Valid AB 939 Compliance Permit. Any Person who willfully violates any requirement of Subsection (a) of Section 66.32.1 shall be guilty of a misdemeanor. The penalty upon conviction shall not be more than a fine of $1,000 or imprisonment in the county jail, not exceeding six months, or both fine and imprisonment. Violations are deemed to be continuing violations, and each day that a violation continues is deemed to be a new and separate offense.

(b) Administrative Penalties for Unlawful Disposition of Construction and Demolition Waste. Any Person who fails to deliver Construction and Demolition Waste to a Certified Construction and Demolition Waste Processing Facility as required in Subsection (b) of Section 66.32.1 shall pay the following Administrative Penalties: $1,000 for the first violation; $2,000 for the second violation that occurs within six months of a first violation; $5,000 for a third violation that occurs within six months of a second violation; and $5,000 for each violation that occurs after imposition of a $5,000 penalty. The Bureau of Sanitation shall provide written notice of penalties assessed pursuant to the provisions of this Subsection by issuance of a Notice of Penalty Assessment. Delivery of each and every load of Construction and Demolition Waste in violation of the provisions of Subsection (b) of Section 66.32.1 shall constitute a separate violation of the Subsection.

(c) Permit Suspension and Revocation. The City reserves the right to suspend or revoke an AB 939 Compliance Permit upon 30 days notice by issuance of a Notice of Suspension or Notice of Revocation, if the Permittee fails to comply with any of the terms and conditions specified in the Permit or in this Code, including but not limited to waste transportation requirements imposed pursuant to the provisions of Subsection (b) of Section 66.32.1, reporting and documentation requirements imposed pursuant to the provisions of Subsection (c) of Section 66.32.1, and payment of fees imposed pursuant to the provisions of Section 66.32.2. Violations of other Los Angeles Municipal Code sections or other laws may constitute just cause for suspension or revocation of an AB 939 Compliance Permit.

(d) Appeals of Notice of Penalty Assessment, Notice of Suspension and Notice of Revocation.

(1) Right to Appeal. Where a Person is issued a Notice of Penalty Assessment, Notice of Suspension or Notice of Revocation pursuant to the provisions of Subsections (b) or (c) of this Section, and the Person believes that the Notice was issued in error or that the penalty assessed was excessive or in error, the Person may appeal by filing, within thirty (30) days of when the Bureau of Sanitation mailed the Notice of Penalty Assessment, Notice of Suspension or Notice of Revocation, a written request for a hearing before the Board. If the Board does not receive the written request for a hearing within thirty (30) days of when the Bureau of Sanitation mailed the Notice of Penalty Assessment, Notice of Suspension or Notice of Revocation, the penalty assessment, suspension, or revocation, whichever is applicable, shall be deemed final and no further administrative relief can be obtained.

(2) If an Appellant timely files a written request for a hearing pursuant to the provisions of Subdivision (1) of this Subsection, the penalty assessment, suspension or revocation that is the subject of the request shall be stayed pending a hearing before the Board.

(3) After receipt of a written request for a hearing filed pursuant to and in compliance with the provisions of Subdivision (1) of this Subsection, the Board will set the matter on one of its regular agendas as soon thereafter the Board deems practical. At the Board hearing, the Board shall hear the testimony of the Appellant, Bureau of Sanitation staff, and other testimony it deems relevant. Appellant shall have the burden of proof, and shall present substantial evidence on the Appellant’s behalf. Upon conclusion of the hearing, the Board shall issue a verbal or written decision. The Board may affirm the Notice of Suspension or Notice of Revocation or rescind it, and may affirm the penalty assessment, decrease it, or cancel it. If the Board affirms a Notice of Suspension or Notice of Revocation, the suspension or revocation shall be effective on the date of the Board’s decision, unless the Board decides otherwise, if the Board affirms a penalty assessment, the amount affirmed shall be owed thirty (30) days after issuance of the Board’s decision, unless the Board decides otherwise. Once the Board issues a decision, the matter is final and no further administrative relief is provided by the City.

(e) Authority to Take Possession of Permit. The Director of the Bureau of Sanitation, or an authorized representative, may take possession of any AB 939 Compliance Permit, or other document issued pursuant to the provisions of Section 66.32 through 66.32.2, which is expired or is suspended, revoked, or otherwise invalid. Any decal approved by the Board that is not attached to the vehicle for which it was issued may be seized by the Director of the Bureau of Sanitation or an authorized representative.

(Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)

(a) The City shall not limit the number of AB 939 Compliance Permits issued.

(b) All AB 939 Compliance Permits shall be subject to the terms and conditions specified in the Permit, and to all other applicable federal, state and local laws and regulations, including the Los Angeles Municipal Code.

(c) The City has the right to revise or add to the requirements of the AB 939 Compliance Permit to the extent permitted by law.

(d) The City may revoke or suspend any AB 939 Compliance Permit as provided in the terms of the Permit, by this Code, or as otherwise allowed by law.

(e) Inspection and Site Visits.

(1) The Director of the Bureau of Sanitation, or the Director’s designee, shall have the right at any time during normal business hours to inspect the records of any Permittee for the purpose of determining compliance with AB 939 and other reporting requirements, to determine proper calculation and payment of fees, and to verify the lawful disposition of Construction and Demolition Waste. The City will provide Permittee reasonable notice of its intention to inspect the Permittee’s records.

(2) The Director of the Bureau of Sanitation, or the Director’s designee, shall have the right at any time to conduct site visits to determine compliance with Section 66.32 through 66.32.3, including, but not limited to, inspections of construction or demolition sites within the City to verify diversion requirements of Subsection (b) of Section 66.32.1.

(f) The Bureau of Sanitation shall have the authority to administer all provisions of Sections 66.32 through 66.32.5, and to enforce the provisions by any and all lawful means.

(Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)

All AB 939 Compliance Permits shall include a provision that the Permittee undertakes and agrees to defend, indemnify, and hold harmless the City, and ail of the City’s Boards, Officers, Agents, Employees, Assigns and Successors in Interest, from and against any all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney’s fees and costs of litigation, damages or liability of any nature whatsoever, for death or injury to any person, including Permittee’s employees and agents, or damage to or destruction of any property of either the City or Permittee or of third parties, arising in any manner by reason of the Permittee’s negligence, willful misconduct, or errors and omissions incident to or arising from the issuance of the AB 939 Compliance Permit or the operations taken pursuant to issuance of the Permit.

(Repealed by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)

(Repealed by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)

(Repealed by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)

(Amended by Ord. No. 184,665, Eff. 1/25/17.)

Under the City’s RENEW LA Plan, the City committed to reaching Zero Waste by diverting 70 percent of the solid waste generated in the City by 2013, diverting 90 percent by 2025, and becoming a Zero Waste city by 2030. State law currently requires at least 50 percent solid waste diversion and establishes a state-wide goal of 75 percent diversion by 2020. Moreover, state law requires mandatory commercial recycling in all businesses and multi- family complexes and imposes additional reporting requirements on local agencies, including the City. In order to meet these requirements and goals, increasing recycling and diversion in the commercial and multi-family waste sectors is imperative. The commercial and multi-family sectors produce most of the City’s solid waste. Currently, a significant amount of commercial and multi-family solid waste generated in the City, including recyclables and organics, is going to landfills, resulting in unnecessary greenhouse gas emissions. The City has a responsibility under state law to ensure effective and efficient waste and recycling service for its businesses and residents. The City will fulfill that responsibility most successfully, and also meet its own Zero Waste policy goals, by ensuring that its solid waste, including recyclables and organics, are collected, transported and processed in a manner that reduces environmental and social impacts on the City and the region.

An exclusive, competitive franchise system for the collection, transportation and processing of commercial and multi-family solid waste will aid the City in meeting its diversion goals by, among other things: (i) requiring franchisees to meet diversion targets; (ii) increasing the capacity for partnership between the City and solid waste haulers; (iii) allowing the City to establish consistent methods for diversion of recyclables and organics; (iv) increasing the City’s ability to track diversion, which will enable required reporting and monitoring of state mandated commercial and multi-family recycling; (v) increasing the City’s ability to ensure diversion quality in the processing facilities handling its waste and recyclables; and (vi) increasing the City’s capacity to enforce compliance with federal, state, county and local standards.

An exclusive, competitive franchise system will also have other beneficial effects, including a reduction in adverse environmental impacts – unnecessary solid waste truck traffic as well as emissions and street degradation – and also protection of ratepayers, ensuring high customer service standards, and increase in solid waste hauler accountability.

As the City moves towards its Zero Waste goals through an exclusive franchise system, technology also should improve over the course of time to increase source reduction, recycling and composting, and diversion opportunities and capabilities. Relatedly, so too should the opportunities increase in number and diversity of qualified subcontractors to perform work industry-wide, including opportunities for development and mentoring of franchisees and subcontractors. The City has an interest in increasing the number and diversity of qualified personnel in the solid waste and recycling industry, especially as to those individuals available to service the City.

While the move to an exclusive franchise system will generate many benefits for the City and its residents, the change also will increase the risk that a labor dispute will interfere with collection services. To protect the City’s interest in efficient and uninterrupted collection services, the City will require franchisees to produce evidence that they are parties to written, enforceable agreements that prohibit labor organizations and their members from engaging in picketing, work stoppages, boycotts or other economic interference with collection services.

(Added by Ord. No. 182,986, Eff. 5/28/14.)

As used herein and in Sections 66.33 to 66.33.10, the following terms shall have the meanings set forth below:

1. Clean Fuel Vehicles shall mean those vehicles that meet or exceed the requirements of Southern California Air Quality Management District Rule 1193, as now existing and as may be amended.

2. Customer shall mean any individual, firm, partnership, joint venture, association, fraternal organization, corporation, estate trust, business trust, receiver, trustee, executor, administrator, syndicate, the United States, any state, any county, city and county, municipality, district or other political subdivision of any state or of the United States, or any other group or combination acting as a unit.

3. Franchise Agreement shall mean a written contract between the Bureau and a franchisee setting forth the terms and conditions under which the franchisee shall perform collection services in the City.

4. Franchisee shall mean a solid waste hauler granted an exclusive franchise to provide collection services in a franchise zone.

5. Franchise Zone shall mean a geographic area of the City within which a franchisee shall provide collection services pursuant to the terms of a franchise agreement.

6. Labor Peace Agreement shall mean an enforceable agreement between a franchisee, or a franchisee’s subcontractor, and a labor organization (as defined by 29 U.S.C. § 152(5)) that represents or seeks to represent the franchisee’s or subcontractor’s employees providing collection services and that contains provisions under which the labor organization for itself and its members agrees to refrain from engaging in any picketing, work stoppages, or any other economic interference with the franchisee’s performance of collection services.

7. On-location Filming Waste shall mean solid waste generated and collected at a commercial film production permitted pursuant to Section 12.22 A.13. of this Code or Section 22.350 of the Los Angeles Administrative Code.

8. Studio shall mean one or more adjacent parcels of real property occupied by a motion picture or television production and distribution enterprise and containing sound stages totaling no less than 50,000 square feet in area and 18 feet in height designed for motion picture or television production and utilized by that enterprise specifically for such purpose.

(Added by Ord. No. 182,986, Eff. 5/28/14.)

(a) The City may award contracts for collection services for commercial establishments and multi-family dwellings through an exclusive franchise agreement authorizing and obligating the holder to provide collection services within a franchise zone.

(b) A franchisee’s exclusive right to provide collection services shall not include the right to collect the following materials, the collection of which is not prohibited by this Article:

(1) Solid waste removed from a commercial establishment or multi-family dwelling by a self hauler;

(2) Construction and demolition waste;

(3) Solid waste collected by the City;

(4) On-location filming waste.

(c) Any franchisee may contract with a studio for collection services regardless of the franchise zone where the studio is located.

(Added by Ord. No. 182,986, Eff. 5/28/14.)

(a) Provision of Collection Services. Except as provided in Sections 66.33.2(b) through (c) and Section 66.33.3(b), it is unlawful for any person to provide collection services to a commercial establishment or multi- family dwelling within a franchise zone unless a written franchise agreement therefor has been executed between such person and the City, and such agreement is in full force and effect.

(b) Transition Period. The City, in its sole discretion and consistent with state law, may authorize a solid waste hauler possessing a valid permit issued pursuant to Section 66.32, et seq., to continue providing collection services in a franchise zone to the extent necessary to meet the needs of any customer in that zone until the franchisee is able to perform the collection services.

(Added by Ord. No. 182,986, Eff. 5/28/14.)

The Bureau shall divide the territory within the City into eleven (11) franchise zones, the designation of which shall be subject to the approval of the Board and City Council. Three (3) of the franchise zones shall be designed as “single” zones, which shall not be granted in combination with any other franchise zone.

(Added by Ord. No. 182,986, Eff. 5/28/14.)

The Bureau shall include in each franchise agreement a negotiated annual franchise fee to be paid to the City by the respective franchisee.

(Added by Ord. No. 182,986, Eff. 5/28/14.)

The following minimum standards shall apply to all franchises granted under this part, and shall be made binding terms of all franchise agreements:

(a) Required Collection Services. During the term of the franchise agreement and subject to its terms and conditions, each franchisee shall collect, transport, and deliver for processing or disposal all solid waste generated at all commercial establishments and multi-family dwellings located within that franchise zone.

(b) Clean Fuel Vehicles. All vehicles used by a franchisee to provide collection services under a franchise agreement shall at all times be in compliance with all applicable air pollution control laws and regulations, including but not limited to the California Air Resources Board “Diesel Particulate Matter Control Measure for On-Road Heavy Duty Residential and Commercial Solid Waste Collection Vehicle Diesel Engines” and South Coast Air Quality Management District Amended Rule 1193.

(c) Labor Peace Agreement. As a condition for the grant of a franchise agreement, a condition precedent to any franchisee or subcontractor performing collection services, and as an ongoing, material condition of the franchise agreement, each franchisee shall provide satisfactory evidence that it, and any subcontractor who will provide collection services, are a party to labor peace agreement(s) with any labor organization that represents any group of the franchisee’s or subcontractor’s employees who are or will be involved in providing collection services, and with any labor organization that seeks to represent any group of a franchisee’s or subcontractor’s employees who are or will be involved in providing collection services, under the following limitation:

(1) This Subsection does not require an employer to recognize a particular labor organization.

(2) This Subsection does not require an employer to enter into a collective bargaining agreement establishing the substantive terms and conditions of employment.

(3) This Subsection is not intended to, and shall not be interpreted to, enact or express any generally applicable policy regarding labor/ management relations, or to regulate those relations in any way.

(4) This Subsection is not intended to provide a preference for any outcome in the determination of employee preference regarding union representation.

(d) Processing and Disposal. A Franchisee shall deliver all recyclables and organics collected from commercial establishments and multi-family dwellings exclusively to facilities certified by the City pursuant to Section 66.33.8.

(e) Diversion.

(1) Each franchisee shall provide every customer within its franchise zone a container specifically designated for the collection of recyclables.

(2) Unless the Bureau issues a waiver to a Customer, each franchisee shall provide every Customer within its franchise zone a container specifically designated for the collection of Organics. (Amended by Ord. No. 187,711, Eff. 1/18/23.)

(3) All franchise agreements shall require franchisees to meet specific landfill disposal reduction requirements.

(f) Compliance with Living Wage and Responsible Contractor Requirements. Each franchisee shall comply with all requirements of an “Employer” under the City’s Living Wage Ordinance, Los Angeles Administrative Code Section 10.37, et. seq. Each franchise agreement is hereby deemed a “contract” for purposes of the City’s Responsible Contractor Program, Los Angeles Administrative Code Section 10.40, et seq., and each franchisee shall comply with all requirements of a “Contractor” thereunder.

(g) Whistleblower Protection. A franchisee shall not retaliate against an employee who, in good faith, has made a protest or raised a complaint against some practice of the franchisee on the basis of a reasonable belief that the practice is in violation of any provision of this Article or other applicable laws. A franchisee will not retaliate against an employee who discloses or threatens to disclose to a supervisor or to the City or another public body any activity, policy, or practice of the franchisee that the employee reasonably believes is in violation of this Article or other applicable laws.

(Added by Ord. No. 184,665, Eff. 1/25/17.)

(a) Subcontractor utilization relating to each Franchisee’s provision of collection services in its Franchise Zone(s) must be performed and reported consistent with the following requirements:

(1) Each Franchisee must submit quarterly reports to the Bureau of Sanitation regarding its use of subcontractors: subcontractor’s name, address, phone number, status (such as Minority Business Enterprise, Women Business Enterprise, Emerging Business Enterprise, Disabled Veterans Business Enterprise, Small Business Enterprise, and all other business enterprises), subcontractor’s City of Los Angeles Business Tax Registration Certificate number, dollar amount of subcontract work to be performed, description of subcontract work to be performed, and any other additional information as specified by the Bureau of Sanitation in writing not less than 60 days in advance of the report deadline;

(2) Each Franchisee must perform subcontractor outreach consistent with rules and regulations adopted by the Department of Public Works, Bureau of Contract Administration as the Designated Administrative Agency (DAA) to define the outreach and/or good faith effort for and evaluations of any subcontractor additions and/or subcontractor substitutions for which prior written approval by the City is required, and subject to applicable law; and

(3) Each Franchisee must submit, at a minimum, quarterly reports to the Bureau of Sanitation of any current or anticipated subcontracting opportunities during the term of the franchise. Each Franchisee must use its best efforts to identify these additional subcontracting opportunities.

i. The Bureau of Sanitation shall evaluate quarterly each Franchisee’s performance in achieving best efforts to identify additional subcontracting opportunities to increase participation by subcontractors. The Bureau of Sanitation shall develop rules and regulations as to how to determine whether each Franchisee has made these best efforts and to assign monetary penalties for failure of any Franchisee to demonstrate best efforts. These rules and regulations shall be presented for approval to the Board.

(b) The City shall not exercise any option to renew a Franchise Agreement with a Franchisee who has not complied with the requirements in Subsection (a), or who has not made efforts to develop and mentor its subcontractors, conduct any additional outreach consistent with the operative rules and regulations since the award of the Franchise Agreement to increase and balance the diversity of its utilized subcontractors, or to meet or exceed the pledged participation of each subcontractor listed at award or added as a result of any additional outreach efforts.

(Renumbered by Ord. No. 184,665, Eff. 1/25/17.)

The Bureau and franchisees shall negotiate, and all franchise agreements shall include, provisions addressing revenue sharing from the sale of recyclables by franchisees and processing facilities.

(Renumbered by Ord. No. 184,665, Eff. 1/25/17.)

(a) The Board may certify for a five-year period facilities to accept solid waste collected by franchisee’s providing collection services under a franchise agreement under criteria established by the Bureau and approved by the Board. Facilities shall be inspected by the City prior to certification, and each certification shall be conditioned on the facility granting the City the right to inspect the facility during the period of certification to verify compliance with the terms of certification.

(b) The City may suspend or revoke certification of a facility upon 30 days notice by issuance of a notice of suspension or notice of revocation, if the facility fails to comply with any of the terms and conditions specified in the certification or in this Code, under the process set forth in Section 66.32.3(d).

(Renumbered and Amended by Ord. No. 184,665, Eff. 1/25/17.)

Nothing in Sections 66.33 through 66.33.9 relieves any franchisee from the requirement to obtain and maintain a permit pursuant to Sections 66.32 through 66.32.5 of this Article or any other permit or license otherwise required by law for the provision of such services.

(Renumbered by Ord. No. 184,665, Eff. 1/25/17.)

If any part or provision of this Section or the application of this Section to any person or circumstance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remainder of this Section, including the application of such part or provisions to other persons or circumstances, shall not be affected by such holding and shall continue in full force and effect, and to this end, the provisions of this Section are severable.