All refuse collection service from all places and premises shall
be by the city or its agent, and it shall be mandatory for all occupants
or persons in possession, charge or control of such places and premises
in the city in or from which refuse is created, accumulated or produced
to use the city's collection service; provided, however, that
there may be joint or multiple use of refuse containers, subject to
authorization therefor pursuant to rules and regulations as established
by the council. It is unlawful for any person other than authorized
agents or employees of the city to collect, remove or dispose of refuse
in the city; provided, however, that nothing contained herein shall
prevent the use of garbage disposal devices as permitted by the city.
(Ord. 770 § 2, 2022)
The city council may let contracts for the accumulation and
disposal of refuse as provided for in this chapter and may, as a condition
for granting such contract, require a bond from the contractor in
an amount determined by the council for the faithful performance of
such agreement. In case the contractor fails or refuses to conform
to the conditions of such agreement in this chapter, the city council,
at its option and after hearing, of which the contractor shall have
ten days' notice in writing, may terminate such agreement and
let the contract to another person being more capable of carrying
out the terms of such agreement. In letting contracts for refuse disposal,
the city council shall not be required to let the same to the lowest
bidder, but shall be free to let such contract to the person best
suited to comply with the terms and intent of this chapter.
All refuse accumulated in the city shall be collected, conveyed
and disposed of by the city or its agents. No other person shall collect,
convey over any of the streets or alleys of the city, or dispose of
any refuse accumulated in the city. Collectors of refuse from outside
the city shall not be prohibited from hauling such refuse over city
streets, provided such collectors comply with the provisions of this
chapter and other applicable rules and regulations.
(Ord. 770 § 2, 2022)
The following words and phrases whenever used in this chapter
shall be construed as defined in this section:
"Authorized recycler"
means any person or business entity which lawfully collects,
accepts, transports or otherwise processes recyclable materials from
generators for a fee or profit through a proper permit, business license
or other regulatory structure or authorization issued by the city.
"Black container"
has the same meaning as in 14
CCR Section 18982(a)(28) and
shall be used for the purpose of storage and collection of black container
waste. This definition shall be interchangeable with "gray container."
"Black container waste"
means solid waste that is collected in a black container
that is part of the three- container organic waste collection service
that prohibits the placement of organic waste in the black container
as specified in 14
CCR Sections 18984.1(a) and (b), or as otherwise
defined in 14
CCR Section 17402(a)(65). This definition shall be interchangeable
with "gray container waste."
"Blue container"
has the same meaning as in the 14
CCR Section 18982(a)(5)
and shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
"Business"
means any commercial entity, including, but not limited to:
proprietorship, firm partnership, person in representative or fiduciary
capacity, capacity, association, venture, trust, corporation which
is organized for financial gain or for profit; or nonprofit corporation
or entity, or industrial or manufacturing, restaurant, retail facility,
markets, office buildings, hotels, motels, shopping centers, and theaters.
"CalRecycle"
means California's Department of Resources Recycling
and Recovery, which is the department designated with responsibility
for developing, implementing, and enforcing SB 1383 regulations on
cities (and others).
"California Code of Regulations"
or "
CCR" means the State of California Code of
Regulations.
CCR references in this chapter are preceded with a number
that refers to the relevant title of the
CCR (e.g., "14
CCR"
refers to Title 14 of
CCR).
"City"
means city of Loma Linda.
"City manager"
means the city manager of the city of Loma Linda or any person
designated by the city manager.
"City enforcement official"
means the city manager, or other executive in charge or their
authorized designee(s) who is/are partially or wholly responsible
for enforcing this chapter.
"Code enforcement officer"
means the employee charged by the city with the responsibility
for the enforcement of the Loma Linda Municipal Code, ordinances and
regulations.
"Collect" or "collection"
means to take physical possession of and remove solid waste
or recyclable materials at the place of generation.
"Combustible waste matter"
includes and means magazines, books, hats, trimmings from
lawns, trees and flower gardens, pasteboard boxes, rags, paper, straw,
sawdust, packing material, shavings, boxes and all such material that
will incinerate through contact with flames of ordinary temperature.
"Commercial business" or "commercial"
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling,
or as otherwise defined in 14
CCR Section 18982(a)(6). A multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food
generator as defined herein below in this section or as otherwise
defined in 14
CCR Sections 18982(a)(73) and (a)(74). For the purposes
of this definition, food recovery organizations and food recovery
services are not commercial edible food generators pursuant to 14
CCR Section 18982(a)(7).
"Community composting"
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on site
at any one time does not exceed one hundred cubic yards and seven
hundred fifty square feet, as specified in 14
CCR Section 17855(a)(4),
or as otherwise defined by 14
CCR Section 18982(a)(8).
"Compliance review"
means a review of records by city to determine compliance
with this chapter.
"Compost"
has the same meaning as in 14
CCR Section 17896.2(a)(4),
which stated, as of the effective date of this chapter, that "compost"
means the product resulting from the controlled biological decomposition
of organic solid wastes that are source separated from the municipal
solid waste stream, or which are separated at a centralized facility.
"Compostable plastics"
or "compostable plastic" means plastic materials
that meet the ASTM D6400 standard for compostability, or as otherwise
described in 14
CCR Section 18984.l (a)(1)(A) or 18984.2(a)(1)(C).
"Container contamination"
or "contaminated container" means a container,
regardless of color, that contains prohibited container contaminants,
or as otherwise defined in 14
CCR Section 18982(a)(55).
"C&D"
means construction and demolition debris.
"Customer"
means a generator that contracts for solid waste removal
services and enters into a service agreement with a franchised hauler
or authorized recycler for recycling services. In the event a business,
nonresidential property or commercial facility shares solid waste
or recycling containers and/or service, "customer" refers
only to the entity that arranges for service.
"Designee"
means an entity that city contracts with or otherwise arranges
to carry out any of the city's responsibilities of this chapter
as authorized in 14
CCR Section 18981.2. A designee may be a government
entity, a hauler, a private entity, or a combination of those entities.
"Director"
means director of public works or the director's designee.
"Disposal"
means the final disposition of solid waste at a permitted
landfill or other permitted solid waste disposal facility, as defined
in California
Public Resources Code Section 40192.
"Diversion" or "divert"
means the final reduction or elimination of solid waste from
solid waste disposal in accordance with California Public Resources
Code Section 40192.
"Edible food"
means food intended for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14
CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14
CCR, Division 7, Chapter
12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Enforcement action"
means an action of the city to address noncompliance with
this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
"Excluded waste"
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the city and its
generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, state,
or federal law, regulation, or ordinance, including, without limitation:
land use restrictions or conditions, waste that cannot be disposed
of in Class III landfills or accepted at the facility by permit conditions,
waste that, in city's, or its designee's reasonable opinion,
would present a significant risk to human health or the environment,
cause a nuisance or otherwise create or expose city, or its designee,
to potential liability; but not including de minimis volumes or concentrations
of waste of a type and amount normally found in single-family or multifamily
solid waste after implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries and paint
in compliance with Sections 41500 and 41802 of the California Public
Resources Code.
"Food distributor"
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores, or as otherwise
defined in 14
CCR Section 18982(a)(22).
"Food recovery"
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14
CCR
Section 18982(a)(24).
"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:
1.
A food bank as defined in Section 113783 of the Health and Safety
Code;
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
|
If the definition in 14 CCR Section 18982(a)(25) for food recovery
organization differs from this definition, the definition in 14 CCR
Section 18982(a)(25) shall apply to this chapter.
|
"Food recovery service"
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14
CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14
CCR, Division 7, Chapter
12 pursuant to 14
CCR Section 18982(a)(7).
"Food scraps"
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
"Food service provider"
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14
CCR Section l 8982(a)(27).
"Food-soiled paper"
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste"
means food scraps, food-soiled paper, and compostable plastics.
"Franchise"
means commercial solid waste collection franchise contracted
for or issued by the city to a hauler.
"Franchised hauler"
means a hauler holding a franchise, contract, license or
permit issued by the city which authorizes the exclusive or nonexclusive
right to provide solid waste handling servicers within all or part
of the city boundaries of the city.
"Generator"
means an owner or responsible party for a commercial facility(ies)
or business, including nonresidential property which generates recyclable
or compostable materials as a result of its business, commercial facility(ies)
or property activity. Generator may also include tenants, property
managers for facilities with leased space, employees and contractors
of the generator, as well as a responsible party for special events.
Generator also includes the city, its facilities, its nonresidential
properties and special events, its sponsors or cosponsors.
"Gray container"
has the same meaning as in 14
CCR Section 18982(a)(28) and
shall be used for the purpose of storage and collection of gray container
waste.
"Gray container waste"
means solid waste that is collected in a gray container as
specified in 14
CCR Sections 18984.l(a) and (b), or as otherwise defined
in 14
CCR Section 17402(a)(6.5). Gray container waste may specifically
include carpet, non-compostable paper and textiles.
"Green container"
has the same meaning as in 14
CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated green container organic waste.
"Grocery store"
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14
CCR Section
18982(a)(30).
"Hauler"
means any person or commercial entity which lawfully collects,
hauls, or transports solid waste for a fee by use of any means, including,
but not limited to, a dumpster truck, roll-off truck, side-load, front-
load, rear-load hauler truck or trailer.
"Hauler route"
means the designated itinerary or sequence of stops for each
segment of the city of Loma Linda's collection service area,
or as otherwise defined in 14
CCR Section 18982(a)(31.5).
"High diversion organic waste processing facility"
means a facility that is in compliance with the reporting
requirements of 14
CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of fifty
percent between January 1, 2022 and December 31, 2024, and seventy-five
percent after January 1, 2025, as calculated pursuant to 14
CCR Section
18815.5(e) for organic waste received from the "mixed waste
organic collection stream" as defined in 14
CCR Section 17402(a)(11.5);
or as otherwise defined in 14
CCR Section 18982(a)(33).
"Inspection"
means a site visit where city reviews records, containers,
and an entity's collection, handling, recycling, or landfill
disposal of organic waste or edible food handling to determine if
the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14
CCR Section 18982(a)(35).
"Landfill"
means a permitted disposal site which accepts solid waste.
"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 two thousand
individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14
CCR Section
18982(a)(38) differs from this definition, the definition in 14
CCR
Section 18982(a)(38) shall apply to this chapter.
"Large venue"
means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14
CCR, Division 7, Chapter
12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14
CCR, Division 7, Chapter
12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14
CCR, Section 18982(a)(39) differs from this definition, the definition in 14
CCR Section 18982(a)(39) shall apply to this chapter.
"Local education agency"
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
"Multifamily residential dwelling"
or "multifamily" means of, from, or pertaining
to residential premises with five or more dwelling units. Multifamily
premises do not include hotels, motels, or other transient occupancy
facilities, which are considered commercial businesses.
"MWELO"
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23
CCR, Division 2, Chapter 2.7.
"Non-compostable paper"
includes, but is not limited to, paper that is coated in
plastic material that will not break down in the composting process,
or as otherwise defined in 14
CCR Section 18982(a)(41).
"Non-local entity"
means the following entities that are not subject to the
city's enforcement authority, or as otherwise defined in 14
CCR Section 18982(a)(42):
1.
Federal facilities, including Veterans Administration installations,
located within the boundaries of the city, including Jerry L. Pettis
Memorial Veterans Hospital.
2.
State agencies located within the boundaries of the city, including
California Highway Patrol Facility.
"Non-organic recyclables"
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14
CCR Section 18982(a)(43).
"Notice of violation (NOV)"
means a notice that a violation has occurred that includes
a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14
CCR Section 18982(a)(45) or further explained in 14
CCR Section 18995.4.
"Occupant"
includes and means every owner, tenant, occupant or person
having the care or control of any premises within the city.
"Organic waste"
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges, or as otherwise defined
in 14
CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14
CCR Section 18982(a).
"Organic waste generator"
means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14
CCR Section
18982(a)(48).
"Paper products"
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14
CCR Section
18982(a)(51).
"Printing and writing papers"
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14
CCR Section 18982(a)(54).
"Prohibited container contaminants"
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the city's blue container; (2) discarded
materials placed in the green container that are not identified as
acceptable source separated green container organic waste for the
city's green container; (3) discarded materials placed in the
black container that are acceptable source separated recyclable materials
and/or source separated green container organic wastes to be placed
in city's green container and/or blue container; and (4) excluded
waste placed in any container.
"Recovered organic waste products"
means products made from California, landfill diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14
CCR Section 18982(a)(60).
"Recovery"
means any activity or process described in 14
CCR Section
18983.1(b), or as otherwise defined in 14
CCR Section 18982(a)(49).
"Recycled-content paper"
means paper products and printing and writing paper that
consists of at least thirty percent, by fiber weight, postconsumer
fiber, or as otherwise defined in 14
CCR Section 18982(a)(61). "Remote
monitoring" means the use of the Internet of Things (IoT) and/or
wireless electronic devices to visualize the contents of blue containers,
green containers, and black containers for purposes of identifying
the quantity of materials in containers (level of fill) and/or presence
of prohibited container contaminants.
"Renewable gas"
means gas derived from organic waste that has been diverted
from a California landfill and processed at an in-vessel digestion
facility that is permitted or otherwise authorized by 14
CCR to recycle
organic waste, or as otherwise defined in 14
CCR Section 18982(a)(62).
"Restaurant"
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14
CCR Section 18982(a)(64).
"Route review"
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14
CCR Section 18982(a)(65).
"SB 1383"
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the
Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 regulations"
or "SB 1383 regulatory" means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14
CCR, Division 7, Chapter
12 and amended portions of regulations of 14
CCR and 27
CCR.
"Self-hauler"
means a person, who hauls solid waste, organic waste or recyclable
material he or she has generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in
14
CCR Section 18982(a)(66). Back-haul means generating and transporting
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14
CCR Section 18982(a)(66)(A).
"Single-family"
means of, from, or pertaining to any residential premises
with fewer than five units. "Solid waste" has the same
meaning as defined in State
Public Resources Code Section 40191, which
defines solid waste as all putrescible and non-putrescible solid,
semi-solid, and liquid wastes, including garbage, trash, refuse, paper,
rubbish, ashes, industrial wastes, demolition and construction wastes,
abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge
which is not hazardous waste, manure, vegetable or animal solid and
semi-solid wastes, and other discarded solid and semi-solid wastes,
with the exception that solid waste does not include any of the following
wastes:
2.
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter
8 (commencing with Section 114960) of Part 9 of Division 104 of the State
Health and Safety Code.
3.
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State
Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill as defined in State
Public Resources Code Section 40195.1. Medical waste that has been
treated and deemed to be solid waste shall be regulated pursuant to
Division 30 of the State
Public Resources Code.
"Source separated"
means materials, including commingled recyclable materials
that have been separated or kept separated from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused or reconstituted products, which meet the quality standards
necessary to be used in the marketplace or as otherwise defined in
14
CCR Section 17402.5(6)(4). For the purposes of this chapter, source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager
or property manager's employee into different containers for
the purpose of collection such that source separated materials are
separated from black container or other solid waste for the purposes
of collection and processing.
"Source separated blue container organic waste"
means source separated organic wastes that can be placed
in a blue container that is limited to the collection of those organic
wastes and non-organic recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7).
"Source separated green container organic waste"
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
"State"
means the state of California.
"Supermarket"
means a full-line, self-service retail store with gross annual
sales of two million dollars, or more, and which sells a line of dry
grocery, canned goods, or nonfood items and some perishable items,
or as otherwise defined in 14
CCR Section 18982(a)(71).
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the
following:
2.
Grocery store with a total facility size equal to or greater
than ten thousand square feet.
If the definition in 14 CCR Section 18982(a)(73) of tier one
commercial edible food generator differs from this definition, the
definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
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"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the
following:
1.
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
2.
Hotel with an on-site food facility and two hundred or more
rooms.
3.
Health facility with an on-site food facility and one hundred
or more beds.
6.
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
7.
A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two
commercial edible food generator differs from this definition, the
definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
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"Uncontainerized green waste and yard waste collection
service"
or "uncontainerized service" means a collection
service that collects green waste and yard waste that is placed in
a pile or bagged for collection on the street in front of a generator's
house or place of business for collection and transport to a facility
that recovers source separated organic waste, or as otherwise defined
in 14
CCR Section 18982(a)(75).
"Wholesale food vendor"
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14
CCR Section 18982(a)(76).
(Ord. 770 § 2, 2022)
Fees for the service collection of refuse shall not exceed those
ceilings as established by resolution by the city council.
(Ord. 770 § 2, 2022)
The keeping of solid waste or source separated materials in
containers other than containers prescribed by this chapter or the
keeping upon premises of solid waste or source separated materials
which is allowed to become offensive and noisome, shall constitute
a public nuisance and may be abated in the manner provided by law
for the abatement of nuisances.
(Ord. 770 § 2, 2022)
It shall be the duty of every owner, lessee, manager and/or
person in possession, charge or control of a building on any premises
in the city to maintain at all times the hauler-provided convenient
portable solid waste and source separated containers upon said premises.
(Ord. 770 § 2, 2022)
Each solid waste and source separated material container shall
be of sound construction and shall be watertight and shall have no
ragged or sharp edges or any other defect liable to hamper or injure
the person collecting the contents of the container. Containers shall
be provided by the hauler.
(Ord. 770 § 2, 2022)
All containers shall have a tight-fitting cover. The covers
shall not be removed from containers except when necessary to place
solid waste or source separated materials therein or to remove refuse
therefrom; at all other times, said cover shall be in place on said
container.
(Ord. 770 § 2, 2022)
Each container shall be kept in or placed in such a manner as
not to be visible from the public street and so as to be easily accessible
to the hauler collector; provided, that during or for the time fixed
for the collection of solid waste or source separated materials from
said containers, such containers shall be kept or placed as follows:
A. Near
Alley. Where there is an alley other than a blind alley in the rear
of such premises, such container(s) shall be placed on the premises,
within five feet of the rear property line.
B. On Curb.
Where there is no alley other than a blind alley in the rear of the
premises, each container shall be placed immediately behind the curb
on a public street, in front of the premises. Where no curb exists,
containers shall be placed in a position as though a curb did exist.
(Ord. 770 § 2, 2022)
No person shall place any container in any street, alley, sidewalk,
court or other public way in the city at any time other than the regular
time for collection service. Every person who so places a container
for the purpose of solid waste or source separated materials collection
shall place the container(s) no earlier than sundown prior to the
date of collection and shall remove same no later than seven p.m.
of the day of collection.
(Ord. 770 § 2, 2022)
No person shall deposit or cause or permit to be deposited any
solid waste or source separated materials upon or in any public street,
alley or other public place, or upon any premises in the city, except
in appropriate containers as provided in this chapter.
(Ord. 770 § 2, 2022)
For collection of unusual accumulations of solid waste or source
separated materials, or collection from locations not otherwise provided
for in this chapter, reasonable collection charges may be charged
as shall be agreed upon by the hauler contractor and the customer;
provided, that in all cases where a dispute arises as to the rate
charged or to be charged for such unusual collection service, the
matter shall be referred to the city council which shall determine
and fix a maximum ceiling for such charge.
(Ord. 770 § 2, 2022)
The contractor shall collect solid waste or source separated
materials from receptacles belonging to the city. The city shall keep
containers at appropriate public locations within the city, including,
but not limited to, parks, playgrounds, and public sidewalks in business
areas, civic center, and other locations frequented by the public.
After each holiday and other days when such parks and playgrounds
have extraordinary use, collections shall be made. Regular collection
shall be made once a week or on a greater frequency as necessary in
order to ensure adequate service. Such collection shall be performed
without charge to the city.
(Ord. 770 § 2, 2022)
It is unlawful for any person, other than the owner or person
responsible for the container(s) or any officer, agent, or employee
of such person or of the city or its agents, to interfere in any manner
with any container or to remove any container or any of its contents
or materials from the location where it was placed by the owner thereof.
(Ord. 770 § 2, 2022)
No person shall place or cause or permit to be placed in any
solid waste or source separated materials container any substance
or material other than solid waste or source separated materials as
defined in this chapter.
(Ord. 770 § 2, 2022)
All vehicles used in collecting and transporting solid waste
or source separated materials shall be provided with metal bodies
and shall be so constructed as to be watertight and to prevent the
loss of any contents being collected or transported therein upon the
streets, alleys and other public ways in the city. Such vehicle shall
be thoroughly cleansed daily so as to reduce or eliminate odors and
decayed or rotten materials.
(Ord. 770 § 2, 2022)
Multifamily residential, commercial and industrial units shall
have their solid waste or source separated materials collected in
the same manner and subject to such rate ceilings as the city council
may adopt for various levels of service. The frequency of collection
shall be negotiated individually but shall be collected at least once
a week.
(Ord. 770 § 2, 2022)
Single-family organic waste generators, except single-family
generators that meet all applicable self- hauler requirements in this
chapter:
A. Shall
subscribe to the city of Loma Linda's three-container organic
waste collection services. The city of Loma Linda shall have the right
to review the number, size, and location of a generator's containers
to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials;
and generator shall adjust its service level for its collection services
as requested by the city of Loma Linda.
B. Shall
participate in the city of Loma Linda's three-container system
for source separated recyclable materials, source separated green
container organic materials, and gray container waste collection services.
Generator participation in the collection programs requires that generators
place only approved materials in the appropriate colored containers.
Generators shall not place materials designated for the gray container
into the green container or blue container.
Notwithstanding the above, and in accordance with the SB 1383
regulations, the city of Loma Linda is not required to replace functional
containers, including containers purchased prior to January 1, 2022,
that do not comply with the color requirements of this chapter and
the regulations, prior to the end of the useful life of those containers,
or prior to January 1, 2036, whichever comes first. Labels will be
placed on the containers indicating the primary materials accepted
and the primary materials prohibited in the containers. Until SB 1383
compliant colored containers are provided (blue container, green container,
and gray container), single-family waste generators shall comply with
the container label requirements.
C. Nothing
in this section prohibits a generator from preventing or reducing
waste generation, managing organic waste on site, and/or using a community
composting site pursuant to 14
CCR Section 18984.9(c).
(Ord. 770 § 2, 2022)
Commercial businesses, which include multifamily residential
dwellings of five or more units, shall:
A. Except
commercial businesses that meet all applicable self-hauler requirements
in this chapter, subscribe to the city of Loma Linda's three-container
organic waste collection services. The city of Loma Linda shall have
the right to review the number, size, and location of a generator's
containers and frequency of collection to evaluate adequacy of capacity
provided for each type of collection service for proper separation
of materials and containment of materials; and commercial business
shall adjust its service level for its collection services as requested
by the city of Loma Linda.
B. Except
commercial businesses that meet all applicable self-hauler requirements
in this chapter, participate in and comply with the city of Loma Linda's
three-container (blue container, green container, and gray container)
collection service by placing designated materials in designated containers.
Generators shall place only approved materials in the appropriate
colored containers. Generators shall not place materials designated
for the gray container into the green container or blue container.
Notwithstanding the above, and in accordance with the SB 1383
regulations, the city of Loma Linda is not required to replace functional
containers, including containers purchased prior to January 1, 2022,
that do not comply with the color requirements of this chapter and
the regulations, prior to the end of the useful life of those containers,
or prior to January 1, 2036, whichever comes first. Labels will be
placed on the containers indicating the primary materials accepted
and the primary materials prohibited in the containers. Until SB 1383
compliant colored containers are provided (blue container, green container,
and gray container), commercial businesses shall comply with the container
label requirements.
C. Supply
and allow access to adequate number, size, and location of collection
containers with sufficient labels or colors (conforming with subsections
(D)(l) and (D)(2) below), for employees, contractors, tenants and
customers, consistent with the city of Loma Linda's blue container,
green container, and gray container collection service, or, if self-hauling,
per the commercial business's instructions to support its compliance
with its self-haul program.
D. Excluding
multifamily residential dwellings, provide containers for the collection
of source separated green container organic waste, and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14
CCR Section
18984.9(b), the containers provided by the business shall have either:
1. A
body or lid that conforms with the container colors provided through
the collection service provided by the city of Loma Linda, with either
lids conforming to the color requirements or bodies conforming to
the color requirements or both lids and bodies conforming to color
requirements. A commercial business is not required to replace functional
containers, including containers purchased prior to January 1, 2022,
that do not comply with the requirements of the subsection prior to
the end of the useful life of those containers, or prior to January
1, 2036, whichever comes first.
2. Container
labels that include language or graphic images or both indicating
the primary material accepted and the primary materials prohibited
in that container or containers with imprinted text or graphic images
that indicate the primary materials accepted and primary materials
prohibited in the container. Pursuant to 14
CCR Section 18984.8, the
container labels are required on new containers commencing January
1, 2022.
E. Multifamily
residential dwellings are not required to comply with container placement
requirements or labeling requirement pursuant to 14
CCR Section 18984.9(b).
F. To the
extent practical through education, training, inspection, and/or other
measures, excluding multifamily residential dwellings, prohibit employees
from placing materials in a container not designated for those materials
per the city of Loma Linda's blue container, green container,
and gray container collection service or, if self-hauling, per the
commercial business's instructions to support its compliance
with its self-haul program.
G. Excluding
multifamily residential dwellings, periodically inspect blue container,
green container, and gray containers for contamination and inform
employees if containers are contaminated and of the requirements to
keep contaminants out of those containers pursuant to 14
CCR Section
18984.9(b)(3).
H. Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of source separated green container organic waste and source separated
recyclable materials.
I. Provide
education information before or within fourteen days of occupation
of the premises to new tenants that describes requirements to keep
source separated green container organic waste and source separated
recyclable materials separate from gray container waste (when applicable)
and the location of containers and the rules governing their use at
each property.
J. Provide
or arrange access for the city of Loma Linda or its agent to their
properties during all inspections conducted in accordance with this
chapter to confirm compliance with the requirements of this chapter.
K. If implemented,
accommodate and cooperate with the city of Loma Linda's remote
monitoring program for inspection of the contents of containers for
prohibited container contaminants, to evaluate generator's compliance
with this chapter. The remote monitoring program shall involve installation
of remote monitoring equipment on or in the blue containers, green
containers, and/or gray containers.
L. If the
commercial business wants to self-haul, meet all requirements of this
chapter.
M. Nothing
in this section prohibits a generator 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).
N. Commercial
businesses that are tier one or tier two commercial edible food generators
shall comply with food recovery requirements of this chapter.
(Ord. 770 § 2, 2022)
Violation of any provision of this chapter shall constitute
grounds for issuance of a notice of violation and assessment of a
fine by city enforcement official or representative. Enforcement actions
under this chapter include, but are not limited to, issuance of an
administrative citation and assessment of a fine. The city's
procedures on imposition of administrative fines are hereby incorporated
in their entirety, as modified from time to time, and shall govern
the imposition, enforcement, collection, and review of administrative
citations issued to enforce this chapter and any rule or regulation
adopted pursuant to this chapter, except as otherwise indicated in
this chapter.
A. Other
remedies allowed by law may be used for enforcement, including civil
action or prosecution as misdemeanor or infraction. The city may pursue
civil actions in the California courts to seek recovery of unpaid
administrative citations. The city may choose to delay court action
until such time as a sufficiently large number of violations or cumulative
size of violations exists such that court action is a reasonable use
of city staff and resources.
B. Responsible
Entity for Enforcement.
1. Enforcement
pursuant to this chapter may be undertaken by the city enforcement
official, which may be the city manager, or designee, legal counsel,
or combination thereof.
a. The city enforcement official, or designee, will interpret this chapter;
determine the applicability of waivers, if violation(s) have occurred;
implement enforcement actions; and
b. Determine if compliance standards are met. The city enforcement official,
or designee, may issue notices of violation(s).
C. Process
for Enforcement.
1. City of Loma Linda enforcement officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section
8.12.208 establishes the city's right to conduct inspections and investigations.
2. The
city may issue an official notification to notify regulated entities
of its obligations under this chapter.
3. For
incidences of prohibited container contaminants found in containers,
the city will issue a notice of violation to any generator found to
have prohibited container contaminants in a container. Such notice
will be provided via a cart tag or other communication immediately
upon identification of the prohibited container contaminants or within
three weeks after determining that a violation has occurred.
4. With
the exception of violations of generator contamination of container
contents addressed under Section 8.12.210(C)(3) above, the city shall
issue a notice of violation requiring compliance within sixty days
of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an enforcement action to impose penalties, via an administrative citation and fines as set forth in Loma Linda Municipal Code Section
1.12.010.
Notices shall be sent to "owner" at the official
address of the owner maintained by the tax collector for the city
or if no such address is available, to the owner at the address of
the dwelling or commercial property or to the party responsible for
paying for the collection services, depending upon available information.
D. Compliance
Deadline Extension Considerations. The city may extend the compliance
deadlines set forth in a notice of violation issued in accordance
with this section if it finds that there are extenuating circumstances
beyond the control of the respondent that make compliance within the
deadlines 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 and the city is under a corrective action plan with CalRecycle
pursuant to 14
CCR Section 18996.2 due to those deficiencies.
E. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeal procedures in Loma Linda Municipal Code Section
9.24.120.
F. Education
Period for Noncompliance. Beginning on or after January 1, 2022 and
through December 31, 2023, the city will conduct inspections, route
reviews or waste evaluations, and compliance reviews, depending upon
the type of regulated entity, to determine compliance with this chapter,
and if the city determines that an organic waste generator, hauler,
self-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 chapter and a notice that compliance is required
by January 1, 2022, and that violations may be subject to administrative
civil penalties starting on January 1, 2024.
G. Civil
Penalties for Noncompliance. Beginning January 1, 2024, if the city
or designee determines than an organic waster generator, hauler, self-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 chapter, it shall document that noncompliance or violation,
issue a notice of violation, and take enforcement action pursuant
to this section, as needed.
(Ord. 770 § 2, 2022)