It is hereby declared to be the purpose of this chapter to regulate
the collection, transport, and disposal of solid waste in order to
protect the public safety, health and welfare and to enhance the environment
of the people of Guadalupe. Further, it is the purpose of this chapter
to regulate the collection and disposition of recyclables generated
within the City and to establish reporting requirements and guidelines
that shall be followed by licensees to minimize the amount of such
recyclables deposited into landfills.
(Ord. 2006-378 §1)
For the purpose of this chapter, the following words and phrases
shall have the meanings given herein unless their use in the text
of this chapter clearly demonstrates a different meaning:
"Alley service"
shall mean such service where solid waste containers are
placed at the property line in through alleys.
"Bin container service"
shall mean a stationary container supported on casters or
skids and approved by the City Administrator or his or her designee,
for mechanical handling by the collection trucks.
"Compacted waste"
shall mean solid waste, which is mechanically compressed
to reduce the dimensions of the waste.
"Construction and demolition wastes"
shall mean and include the waste building materials, packaging,
and rubble resulting from construction, remodeling, repair, and demolition
of pavements and structures.
"Curb service"
shall mean such service where the solid waste containers
are picked up by the City at the front curb line of the customer's
property.
"Discarded"
shall mean thrown away, abandoned, worthless, or having lack
of economic value.
"Garbage"
shall mean the animal and vegetable waste resulting from
the handling, preparation and use of foods, including discarded food
containers and wrappers and all other abandoned putrescible organic
matter.
"Household hazardous waste"
shall be those wastes resulting from products purchased by
the general public for household use which, because of their quantity,
concentration, or physical, chemical, or infectious characteristics,
may pose a substantial known or potential hazard to human health or
the environment when improperly treated, disposed, or otherwise managed.
The City Administrator or his or her designee shall determine those
substances deemed hazardous for the purpose of the City's disposal
system.
"Industrial waste"
shall mean solid wastes or waste material resulting or left
over from industrial processes and manufacturing operations, including
but not limited to fibers, fabrics, plastics, Styrofoam, rubber, resins,
metals, slag, wood products such as sawdust and shavings, packing
materials, putrescible material from food processing plants and slaughterhouses,
condemned foods, cinders and ashes from power plants and incinerators,
and miscellaneous manufacturing wastes. Such industrial waste is distinguished
from ordinary commercial refuse or so-called trade wastes which emanate
from stores, hotels, restaurants, and markets.
"Multiple-family dwelling"
shall mean a building designed for residential occupancy
and shall include duplexes, triplexes, apartments of 4 or more units,
bungalows in a bungalow court, apartment houses, flats, condominium
units, and mobile homes.
"Recyclables"
shall include those materials that have value and can be
diverted from landfill disposal. Recyclables can further be defined
as those materials that by collecting, sorting, cleansing, treating,
reconstituting, and processing can be returned to the economic mainstream
in the form of raw materials for new, reused, or reconstituted products.
"Refuse"
shall include rags, household ashes, wearing apparel, household
goods and such worthless, useless, unused, rejected and cast-off matter
produced by and as the result of human habitation and the transaction
of business within the City, that can be properly and safely collected
and transported in a collection vehicle.
"Single-family dwelling"
shall mean any detached building used exclusively for occupancy
by one family, excluding bungalows in a bungalow court, residential
condominium units, and mobile homes.
"Solid waste"
shall mean all putrescible and non-putrescible solid and
semisolid wastes; including garbage, trash, refuse, paper, ashes,
industrial wastes, demolition and construction wastes, abandoned vehicles
and parts thereof, discarded home and industrial appliances, manure,
vegetable or animal solid and semisolid wastes, and other discarded
solid and semisolid wastes. "Solid waste" does not include
hazardous, low-level radioactive, or medical wastes. "Solid
waste" as herein defined shall not include materials sourceseparated
by the generator for the purpose of recycling, reuse, repair or composting.
"Special pick-up"
shall mean the collection of solid waste that exceeds the
scope of standard residential or commercial service as set forth in
this chapter, or any material not defined in this section as solid
waste.
"Waste matter"
shall include solid waste such as heavy or bulk materials
which can be properly and safely collected and transported by special
pick-up vehicles. The City Administrator or his or her designee shall
determine those materials suitable for special pick-up service.
"Yard waste"
shall include lawn clippings, tree and shrubbery trimmings,
and leaves that can be properly and safely collected and transported
in a collection vehicle.
(Ord. 2006-378 §1)
The following rules, as contained in this chapter, covering
the handling of accumulations of garbage, refuse, yard waste, and
waste matter to be observed by the occupants of places of residence
and places of business in the City are hereby established.
(Ord. 2006-378 §1)
It shall be mandatory for every property owner within the City
to receive City disposal service and billing therefor, except those
industrial businesses whose volume of waste might exceed what services
the City could offer. Minimum levels of City residential, commercial,
and industrial refuse service shall be determined by the City Council
and set by resolution. City refuse service above the minimum level
may be required to protect public safety, health, and welfare, as
required by this chapter. The necessity of such increased levels of
service shall be determined by the City Administrator or his or her
designee.
(Ord. 2006-378 §1)
The City Council may, at its option, enter into a franchise
agreement with a qualified solid waste collection company. Said franchise
agreement shall include recyclables and yard waste.
(Ord. 2006-378 §1)
It shall be unlawful for any person to engage in or carry on
the business of hauling or removing garbage, refuse or waste matter
within the City without written permission from the City Administrator.
(Ord. 2006-378 §1)
The design of any new, substantially remodeled or expanded building
or other facility shall provide for proper storage or handling which
will accommodate solid waste and recyclable material removal or collection.
The design shall demonstrate to local land use and building permit
issuing authorities that it includes the required provisions.
(Ord. 2006-378 §1)
It shall be unlawful for any person to dispose of any solid
waste by burning the same within the limits of the city.
(Ord. 2006-378 §1)
Any customer whose yard waste container is contaminated with
items other than "yard waste" as defined in Section 8.08.020(R)
may be assessed an additional charge, the amount of which is set by
resolution by the City Council.
(Ord. 2006-378 §1)
Any person violating any of the provisions of this chapter or
willfully and knowingly refusing to comply with the rules, regulations
and determination of the City Administrator shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punishable by a fine not to
exceed $500.00 or by imprisonment in the County jail for a period
not to exceed 6 months or by both fine and imprisonment.
(Ord. 2006-378 §1)