O-12-21 Amending Chapter 6.16 of the Colton Muni Code relating to Solid Waste

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ORDINANCE NO.O-12-21 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING CHAPTER 6.16 OF THE COLTON MUNICIPAL CODE RELATING TO SOLID WASTE WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery ("CalRecycle") to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short -Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations ("SB 1383 Regulations"); and WHEREAS, the SB 1383 Regulations require the City to provide organic waste collection and processing services to all residential, commercial and business customers, and require those customers to subscribe to organic waste collection service; and WHEREAS, the City must establish an edible food recovery program to require commercial edible food generators to donate edible food that would otherwise be thrown away to food recovery organizations; and WHEREAS, the SB 1383 Regulations take effect January 1, 2022, and require the City of Colton to adopt an ordinance to enforce the SB 1383 Regulations by said date, and; WHEREAS, the City Council desires to amend its Garbage and Refuse Ordinance to comply with the SB 1383 Regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.16 is hereby amended in its entirety as set forth in Exhibit A, incorporated by this reference. SECTION 2. Environmental review is not required because adoption of the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of governments not a project). SECTION 3. If any section, subsection, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.