This chapter shall be known as the "Placentia Solid Waste Collection
Ordinance." Whenever reference is made in this chapter to federal
or state law, the same shall mean and include such laws as the same
currently exist or as may be amended from time to time hereafter.
(Prior code Ord. 348 § 1, 1964; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 1, 2021)
The purpose of this chapter is to regulate solid waste handling
to protect public health, safety, and welfare and to meet the city's
obligations under state law. The city is obligated to implement plans
for solid waste source reduction, reuse, and recycling to meet specified
waste diversion targets, and enforce state recycling laws.
The ordinance codified in this chapter shall be effective commencing January 1, 2022. Enforcement of this chapter shall not commence until January 1, 2024 pursuant to Section 8.04.410(i).
(Ord. O-2021-12 § 2, 2021)
Unless it is apparent from the context that another meaning
is intended, the following words and terms shall have the meaning
as set forth in this chapter.
means that state law adopted in 2011 that requires commercial
businesses that meet specified waste generation thresholds to arrange
for recycling services.
means the state law adopted in 2019 that requires businesses
to provide customer's access to recycling containers. Full-service
restaurants, as defined in this section, are exempt from AB 827.
means the California Integrated Waste Management Act of 1989
(California Public Resources Code Section 40000 et seq.).
means that state law adopted in 2015 that requires commercial
businesses that meet specified waste generation thresholds to arrange
for organic waste recycling services.
means in-vessel controlled system of digestion, such as,
but not limited to, a treatment facility for the digestion of organics
to produce methane and reduce the volume of organics sent to landfills.
means transporting recyclable materials or organic waste
to a destination owned and operated by the waste generator using a
vehicle or trailer that was originally used to deliver products or
finished good to the waste generator's location.
means a metal container with hinged lids and wheels and a
capacity from two to six cubic yards.
means a container used for storage and collection of recyclable
materials. A blue container means a container where either: (A) the
lid of the container is blue in color; or (B) the body of the container
is blue in color and the lid is either blue, gray, or black in color.
has the same meaning as the term "biohazardous waste" in
California Health and Safety Code Section 117690.
has the same meaning as in 14 CCR Section 18982(a)(5.5) and
shall be used for the purpose of storage and collection of source
separated food waste.
means California's Department of Resources Recycling and
Recovery, which is authorized to implement and enforce state laws
related to waste and recycling.
means a plastic container with a hinged lid and wheels serviced
by an automated or semi-automated truck with a capacity of no less
than 32 gallons and no greater than 101 gallons.
mean this Chapter 8.04 of the Placentia Municipal Code.
means the city of Placentia, California, a municipal corporation,
or its designee, and all of the territory lying within the municipal
boundaries of city as presently existing or as such boundaries may
be modified.
means the city administrator or his or her designee.
means construction and demolition debris.
means any of the following materials: asphalt, concrete,
dirt, land clearing vegetation, sand, gravel, rock, metal, wood, green
material, cardboard, and other recyclable materials generated at construction
and demolition debris sites.
means the act of taking physical possession of discarded
materials at residential or commercial premises within the city, and
transporting it to a facility for reuse, salvage, recycling, processing,
composting, transfer, disposal, or transformation.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, located
in a strip mall, industrial facility, or a multifamily residential
premises with five or more dwelling units. A multifamily residential
premises that consists of fewer than five units is not a commercial
business for purposes of this chapter.
includes tier one or tier two commercial edible food generators
or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes
of this definition, food recovery organizations and food recovery
services are not commercial edible food generators.
means a review of records by the city to determine compliance
with this chapter.
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 100 cubic yards and 750 square feet,
as specified in 14 CCR Section 17855(a)(4); or as otherwise defined
by 14 CCR Section 18982(a)(8).
means the product resulting from the controlled biological
decomposition of organic solid wastes that are source separated from
the municipal solid waste stream, or that are separated at a centralized
facility.
means plastic material that meets the American Society for
Testing and Materials (ASTM) D6400 standard for composability.
means any combination of inert building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations as defined in the California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. The material may be comingled with rock, soil, tree stumps and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.
means any and all types of discarded materials receptacles,
including carts, bins, and roll-off boxes.
means a container, regardless of color, that contains prohibited
container contaminants.
means the person who voluntarily subscribes to the franchisee
and whom the franchisee submits its billing invoice to and collects
payment from for discarded materials handling services provided to
a premise. The customer may be either the occupant, owner, responsible
party, or operator of the premise.
means an entity that the city contracts with or otherwise
arranges to carry out any of the city's responsibilities of this chapter.
Designee may be a government entity, a hauler, franchisee, a private
entity, or a combination of those entities.
means recyclable materials, organic materials, and solid
waste placed by a generator in a collection container and/or at a
location for the purposes of collection excluding excluded waste.
Discarded materials includes C&D debris, bulky items, or other
materials collected by the franchisee as part of the discarded materials
handling service provided through the agreement with the franchisee.
means the service to provide intergraded discarded materials
management including collection, transfer, transport, recycling, processing,
diversion, and disposal.
means the final disposition of any solid waste collected
by the franchisee or resident from franchisee's processing activities
at a permitted landfill or other permitted solid waste facility.
means to prevent discarded materials from disposal at landfill
or transformation facilities, including facilities using incineration,
pyrolysis, distillation, gasification, or biological conversion methods
through source reduction, reuse, recycling, composting, anaerobic
digestion or other method of processing.
means food intended for human consumption. Edible food is
not considered discarded materials if it is recovered and not discarded.
Nothing in this chapter requires or authorizes the recovery of edible
food that does not meet the food safety requirements of the California
Retail Food Code. Notwithstanding the foregoing, this term shall be
defined as in 14 CCR Section 18982.
means an action of the city to address non-compliance with
this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other civil, criminal, and administrative
remedies allowed by law.
means the director of public works, city manager, or other
executive in charge or their authorized designee(s) who is/are partially
or responsible in whole or in part for enforcing this chapter.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile waste, corrosive materials, medical waste,
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: land use restrictions
or conditions, waste that cannot be disposed of in Class Ill landfills
or accepted at the facility by permit conditions, waste that in the
city's, or it's 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.
Excluded waste does not include universal wastes or electronic waste
when such materials are defined as allowable materials for collection
through the franchisee's collection programs and the generator or
customer has properly placed the materials for collection pursuant
to instructions provided by city or its designee for collection services.
means any plant or site used for the purposes of handling
discarded materials, including, but not limited to, disposal sites,
material recovery facilities, and transfer, recycling, composting,
and processing facilities.
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).
means a permanent or temporary operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption
at the retail level. Food facility has the same meaning as in Section
113789 of the Health and Safety Code. A food facility includes an
operation where food is consumed on or off the premises, regardless
of whether there is a charge for the food. A food facility includes
a place used in conjunction with the operations described in this
section, including, but not limited to, storage facilities for food-related
utensils, equipment, and materials. A food facility includes, but
is not limited to, school cafeterias, licensed health care facilities,
commissaries, mobile food facilities, vending machines, farmers' markets,
farm stands, microenterprise home kitchen operations, and catering
operations. Food facility does not include any of the following:
A cooperative arrangement wherein no permanent facilities are
used for storing or handling food.
A private home when used for private, noncommercial purposes
or when used as a cottage food operation.
A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any 90
day period.
A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90 day period for the benefit
of a nonprofit association, if the for-profit entity receives no monetary
benefit, other than that resulting from recognition from participating
in an event.
A premises set aside for wine tasting, or beer manufacturing,
regardless of whether there is a charge for the wine or beer tasting.
An outlet or location, operated by a producer, selling, or offering
for sale only whole produce grown by the producer or shell eggs, or
both, provided the sales are conducted at an outlet or location controlled
by the producer.
A commercial food processing establishment.
A child day care facility.
A community care facility.
A residential care facility for the elderly.
A residential care facility for the chronically ill.
An intermediate care facility for the developmentally disabled.
A community food producer.
A limited-service charitable feeding operation.
means actions to collect and distribute edible food for human
consumption which otherwise would be disposed, or as otherwise defined
in 14 CCR Section 18982(a)(24).
means an entity that engages in the collection or receipt
of edible food from commercial edible food generators that distributes
the edible food to the public for food recovery either directly or
through other entities, including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code;
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code; and
Notwithstanding the foregoing, this term shall be defined as
in 14 CCR Section 18982. 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
18982(a)(25) shall apply to this chapter.
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.
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, fats, oils, grease, and eggshells. Food scraps excludes fats,
oils, and grease when such materials are source separated from other
food scraps. Food scraps is a subset of food waste.
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
or others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR Section 18982(a)(27).
is paper material that has come in contact with food or liquid,
such as, but not limited to, paper plates, paper coffee cups, napkins,
pizza boxes, and milk cartons. Food-soiled paper does not include
noncompostable paper.
means source separated food scraps, and food-soiled paper.
Food waste is a subset of source separated organic waste (source separated
organic materials).
means the agreement between the franchisee and the city to
provide discarded materials handling service in the city.
means the company (or companies) that are permitted waste
hauler(s) that provides recurring discarded materials collection services
and pursuant to a formal franchise agreement.
means an establishment with the primary business purpose
of serving food, where food may be consumed on the premises, and where
all the following actions are taken by an employee of the establishment:
(A) The consumer is escorted or assigned to an assigned eating area.
The employee may choose the assigned eating area or may seat the consumer
according to the consumer's need for accommodation or other request;
(B) The consumer's food and beverage orders are taken after the consumer
has been seated at the assigned seating area; (C) The food and beverage
orders are delivered directly to the consumer; (D) Any requested items
associated with the consumer's food or beverage order are brought
to the consumer; (E) The check is delivered directly to the consumer
at the assigned eating area; and (F) The consumer does not deliver
the consumer's waste and used dishes etc. to another location or otherwise
clean the consumer's own table. Full-service restaurants are exempt
from the container placement requirements of AB 827.
means any person whose act or process produces discarded
materials or whose act first causes discarded materials to become
subject to regulation.
means a container used to store and collect refuse, mixed
waste, or gray container waste. A gray container means a container
where either: (A) the lid of the container is gray or black in color;
or (B) the body of the container is gray or black in color and the
lid is gray or black in color.
means refuse or mixed waste that is collected in a gray container
that is part of collection service that prohibits the placement of
recyclable materials or organic materials in the gray container.
means a container used to store and collect organic materials.
A green container means a container where either: (A) the lid of the
container is green in color; or (B) the body of the container is green
in color and the lid is either green, gray, or black in color.
means organic materials and compostable plastics that are
collected in a green container that is part of a service that prohibits
the placement of solid waste or recyclable materials in the green
container.
means any material related to land development such as shrubbery,
tree trimmings, yard waste, grass, weeds, straw or leaves, wood chips,
construction and demolition wood waste, and other household garden
organic materials. Green waste does not include food material, biosolids,
wood containing lead-based paint or wood preservative, mixed construction
debris, or mixed demolition debris. Green waste is a subset of organic
waste.
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).
means the designated itinerary or sequence of stops for each
segment of the city's discarded materials handling service area, or
as otherwise defined in 14 CCR Section 18982(a)(31.5).
means any substance defined as acutely hazardous waste, extremely
hazardous waste, or hazardous waste in California Health and Safety
Code Sections 25110.02, 25115, and 25117; any waste which meets the
definitions set forth in 22 CCR Section 66261.3, et seq., and is required
to be managed; any substance listed as hazardous waste in 42 USC Section
6901 et seq.; and any substance identified or listed now or in the
future as hazardous waste by any state or federal agency.
means a facility that is in compliance with the reporting
requirements of 14 CCR 18815.5(d) and meets or exceeds an annual average
mixed waste organic content recovery rate of 50% between January 1,
2022 and December 31, 2024, and 75% 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 18982(a)(33).
means an establishment that offers dining services or sells
food or beverages to consume on or off the premises, such as a cafeteria,
restaurant, café, sandwich shop, school, college, hospital,
mini-mart, convenience store, tavern, or bar, and a hotel, motel,
inn, or other transient occupancy facility that offers dining services
or sells food or beverages on its premises.
means hazardous waste generated at residential premises.
means a site visit where the 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, or as otherwise defined in 14 CCR
Section 18982(a)(35).
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 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.
means a permanent venue facility that annually seats or serves
an average of more than 2,000 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.
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).
means a permitted solid waste facility where solid wastes
or recyclable materials are sorted or separated for the purposes of
recycling, processing, or composting.
has the same meaning as the term "medical waste" as provided
in state Health and Safety Code Sections 117690, 117695, and 117700
and also includes "biohazardous waste" as defined by Health and Safety
Code Section 117635. Medical waste also includes any waste that federal
law or any other state law defines as medical waste. "Treated medical
waste" means medical waste that has been treated pursuant to the California
Medical Waste Management Act, Health and Safety Code Section 118215
et seq. Medical waste that has not been treated pursuant to these
requirements shall be referred to as untreated medical waste.
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.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
includes, but is not limited to, paper that is coated in
a plastic material that will not break down in the composting process.
means entities that are not subject to the city's enforcement
authority, including special districts, state prisons, school districts,
state universities and colleges, state hospitals, state community
colleges, and other state properties and facilities.
means non-putrescible and non-hazardous recyclable materials,
including, but not limited to, bottles, cans, metals, plastics, and
glass.
means green waste, wood waste, food-soiled paper, and/or
food waste, whether individually or in combination, set aside, handled,
packaged, or offered for collection in a manner different from solid
waste for the purpose of processing. Organic materials are a subset
of organic waste.
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green materials, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing papers,
manure, biosolids, digestate, and sludges, or as otherwise defined
in 14 CCR Section 189829(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a).
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).
means the owner of real property, or as otherwise defined
in 14 CCR Section 18982(a)(57).
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).
means any individual, firm, association, organization, partnership,
corporation, business trust, joint venture, the United States, the
state of California, the county of Orange, cities, and special purpose
districts.
means any land or building in the city where solid waste
is generated or accumulated.
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).
means the controlled separation, recovery, volume reduction,
conversion, or recycling of solid waste and/or other discarded materials
including, but not limited to, organized, manual, automated, or mechanical
sorting, the use of vehicles for spreading of waste for the purpose
of recovery, and/or includes the use of conveyor belts, sorting lines,
or volume reduction equipment.
means the following: (A) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the city's blue container; (B) discarded
materials placed in the green container that are not identified as
acceptable source separated organic materials for the city's green
container; (C) discarded materials placed in the gray container that
are acceptable source separated recyclable materials and/or source
separated organic materials to be placed in city's green container
and/or blue container; and (D) excluded waste placed in any container.
includes wastes that are capable of being decomposed by micro-organisms
with sufficient rapidity as to cause nuisances because of odors, gases,
or other offensive conditions, and includes materials such as, but
not limited to, food waste, offal, and dead animals. Notwithstanding
the foregoing, this term shall be defined as in 14 CCR Section 18982.
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility.
means materials, by-products, or components of such materials
set aside, handled, packaged, or offered for collection in a manner
different from solid waste for the purpose of recycling.
means paper products and printing and writing paper that
consists of at least 30%, by fiber weight, postconsumer fiber.
means regional agency as defined in Public Resources Code
Section 40181.
means a single-family, multifamily, or commercial owner,
occupant, generator, or operator, self-hauler, contractor, franchisee,
tier one commercial edible food generator, tier two commercial edible
food generator, food recovery organization, food recovery service,
and other persons or entity that is subject to provisions in this
chapter.
means the use of the Internet of Things (IoT) and/or wireless
electronic devices to visualize the contents of recyclable materials
containers, organic materials containers, and solid waste containers
for purposes of identifying the quantity of materials in containers
(level of fill) and/or presence of prohibited container contaminants.
means gas derived from organic waste that has been diverted
from a California landfill and processed at an anaerobic ingestion
facility that is permitted or otherwise authorized by 14 CCR to recycle
organic waste.
means premises upon which dwelling units exist, including,
without limitation, single-family and multifamily premises, apartments,
boarding or rooming houses, condominiums, mobile homes, efficiency
apartments, and second units. Premises upon which the following uses
are occurring shall not be deemed to be residential premises, and
rather shall be deemed to be commercial premises: assisted living
facilities, convalescent homes, dormitories, extended stay motels,
group residential facilities, group care facilities, hostels, hotels,
motels, and any other businesses which residency is transient in nature.
means a building or portion of a building used for dwelling
purposes by an individual family or group of persons.
means of, from, or pertaining to single-family and multifamily
premises used for human shelter, irrespective of whether such dwelling
units are rental units or are owner-occupied, excluding hotels, motels,
or other similar premises.
means those materials which, after processing, are disposed
rather than recycled, composted, processed, or reused due to either
the lack of markets for materials or the inability of the processing
facility to capture and recover the materials.
means the owner, property manager, tenant, lessee, occupant,
or other designee that subscribes to and pays for recyclable materials,
organic materials, and/or solid waste collection services for a premises
in the city, or, if there is no such subscriber, the owner of property
manager of a single-family premises, multifamily premises, or commercial
premises. In instances of dispute or uncertainty regarding who is
the responsible party for a premises, responsible party shall mean
the owner of a single-family premises, multifamily premises, or commercial
premises.
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).
means an open-top metal container or closed compactor box
serviced by a roll-off truck and with a container capacity of 10 to
50 cubic yards. Roll-off boxes are also known as drop boxes or debris
boxes.
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).
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.
means mulch eligible to meet the city's annual recovered
organic waste product procurement target, pursuant to 14 CCR Chapter
12 of Division 7. The SB 1383 eligible mulch shall meet the following
conditions for the duration of the applicable procurement compliance
year, as specified by 14 CCR Section 18993.1(f)(4):
means a person, who hauls solid waste, organic waste, or
recyclable material he or she has generated to another person as defined
in 14 CCR Section 18982(a)(66). Self-hauler also includes a person
who back-hauls waste.
means of, from, or pertaining to any residential premises
with fewer than five units.
means all discarded putrescible and non-putrescible solid, semi-solid, and liquid wastes, including refuse, demolition and construction debris bulky items, recyclable materials, and organic waste, or any combination thereof which are permitted to be disposed of in a Class III landfill. "Solid waste" includes all solid wastes generated by residential, commercial, and industrial sources, and all solid waste generated at construction and demolition sites, and at treatment works for water and wastewater, which are collected and transported under the authorization of the city or are self-hauled by generators. Solid waste does not include agricultural crop residues, mining waste and fuel extraction waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or hazardous material, any waste which is not permitted to be disposed of at a Class III landfill and which fall within the definition of "nonhazardous solid waste" set forth in Title 23, Chapter 15, Section 2523(a) of the California Code of Regulations as amended or designated Class II wastes. Materials shall be deemed "solid waste" consistent with the meaning of California Public Resources Code Section 40191.
means materials, including commingled recyclable materials
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing to return them to the economic mainstream in the form
of raw material for new, reused, or reconstituted products.
means the state of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000.00), 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).
means a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an on-site food facility and 200 or more rooms.
Health facility with an on-site food facility and 100 or more
beds.
Large venue.
Large event.
A state agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
means the act of transferring the materials collected by
franchisee in its route vehicles into larger vehicles for transport
to other facilities for the purpose of recycling, processing, or disposing
of such materials.
means the act of conveying collected materials from one location
to another.
means any individual, company or entity that receives compensation
for providing services, materials, and/or products to the city.
means a commercial business that may apply for a waiver under Section 8.04.290. Under these circumstances, the city administrator or their designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter. Special written permits include de minimus waivers and physical space waivers.
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).
(Prior code § 13-1; Ord. 89-O-110 §§ 2—4, 1989; Ord. 90-O-107 §§ 1, 2, 1990; Ord. 98-O-101 § 1, 1998; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
It is unlawful to dump, place or bury in any public or private
lot, alley, street, land or in any water or waterway within the city,
the following: solid waste, recyclable materials, organic waste, or
green waste. Illegally placed materials shall constitute a nuisance
and may be abated by the city through civil process by means of restraining
order, preliminary or permanent injunction or in any other manner
provided by law for the abatement of such nuisances.
(Prior code § 13-3; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
It is unlawful to dump, place or bury in any public or private
lot, alley, street, land or in any water or waterway within the city,
or deposit in any container used for collection of discarded materials,
the following: any waste classified as hazardous, universal, electronic,
biohazardous, radioactive, or any narcotics or controlled substances,
hypodermic needles, poisons, liquid or dry caustics, or acids, flammable
or explosive materials, pesticides, or similar substances dangerous
to discarded materials collection, processing and disposal personnel.
(Prior code § 13-3; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
It is unlawful to transport or collect hazardous wastes, radioactive
wastes, or medical wastes without complying with all applicable laws
or regulations. No person shall deposit, dump, spill, place, or otherwise
allow to be disposed of, in or on a solid waste facility not designated
as a hazardous waste or radioactive waste disposal facility, any waste
classified as hazardous waste or radioactive waste pursuant to state,
federal or county law or regulation. No person shall deposit, dump,
spill, place, or otherwise allow untreated medical waste to be disposed
of in, or on, a solid waste facility.
(Prior code §§ 13-14, 13-15, 13-17; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
(a)
It
is unlawful to convey or transport solid waste and other discarded
materials on or along any highway in the city unless the material
is contained and covered to prevent it from leaving the vehicle in
which it is being conveyed or transported.
(b)
All
vehicles and equipment used in the collection and transport of any
form of discarded materials shall be kept clean. It shall be unlawful
to allow liquid to drain from any vehicle that transports any form
of discarded materials on any road, highway, or on any other land
in a manner as to create an unsanitary condition.
(Prior code §§ 13-29, 13-30; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
(a)
No
solid waste, recyclable material, or organic materials shall be burned
within the city, except as expressly permitted in Chapter 8.46 of
this code and the California Fire Code.
(Prior code § 13-6; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
Where discarded materials or other salvageable materials have
been source separated for collection, processing, or recovery, whether
or not in a container, it shall be unlawful for any unauthorized person
to take or remove any source separated discarded materials or other
salvageable material from any curb, street, designated pick-up location,
storage area, storage container, solid waste facility, processing
facility or any other public or private property.
(Prior code § 13-2; Ord. 90-O-124 § 1, 1990; Ord.
O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
It is unlawful for any person, other than the owner, agent,
or employee of the owner of a container for holding solid waste, organic
materials, or recyclable materials, whether or not it conforms with
the provisions of this chapter, to place any substance or material
therein or tamper or meddle or move such container or its contents.
(Prior code §§ 13-2, 13-27; Ord. 90-O-124 § 1, 1990; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
No waste containers used in residential collections shall be
placed out at the curb, alley, or right-of-way before 4:00 p.m. on
the day prior to scheduled collection, and all containers shall be
removed before 12:00 p.m. on the day following collection.
(Prior code §§ 13-10, 13-11; Ord. 87-O-131, 1987; Ord.
O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
There shall be no collection of discarded materials before 7:00
a.m. or after 6:00 p.m. in any area of the city.
(Ord. O-2021-12 § 2, 2021)
Except as provided by this section, no person shall collect
any discarded materials from any premises within the city, place a
container, or other receptacle for discarded materials at any premises
within the city, or collect, transport, transfer, or remove discarded
materials within the city, unless that person has entered into an
exclusive franchise agreement with the city. Each day any person violates
this section shall constitute a separate offense which may be punished
civilly, criminally and/or administratively.
(Prior code § 13-19; Ord. O-2002-09 § 2, 2002; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
The following services and activities are specifically excluded
from the requirement to have an exclusive franchise agreement with
the city. These services and activities may be provided by persons
other than franchisee.
(1)
The
sale or donation of source-separated recyclable materials by the generator
to any person or entity other than franchisee; provided, however,
to the extent permitted by law, if the generator is required to pay
monetary or nonmonetary consideration for the collection, transportation,
transfer, or processing of recyclable material, the fact that the
generator receives a reduction or discount in price (or in other terms
of the consideration the generator is required to pay) shall not be
considered a sale or donation;
(2)
Discarded materials which are removed from any premises by the generator, and which are transported personally by such generator (or by their full-time employees) to a processing or disposal facility in a manner consistent self-haul requirements of Section 8.04.280 of this chapter and all applicable laws and regulations;
(3)
Green
waste removed from a premises by a gardening, landscaping, or tree
trimming company or contractor, utilizing its own equipment, as an
incidental part of a total service offered by that contractor rather
than as a hauling service;
(4)
The
collection, transfer, transport, recycling, processing, and disposal
of animal remains, fats, oils, or grease from slaughterhouses, butcher
shops, or restaurants for rendering into other useful products and
materials;
(5)
The
collection, transfer, transport, recycling, processing, and disposal
of by-products of sewage treatment, including sludge, sludge ash,
grit, and screenings;
(6)
The
collection, transfer, transport, recycling, processing, and disposal
of hazardous substances, hazardous waste, household hazardous waste
and radioactive waste regardless of its source;
(7)
Construction
and demolition debris which is removed by a duly-licensed construction
or demolition company as part of a total service offered by said licensed
company and using dump trucks to collect and transport the material;
(8)
The
collection, transfer, transport, recycling, processing, and disposal
of solid waste by city through city officers or employees in the normal
course of their city employment; and
(9)
Discarded
materials handling services for governmental agencies other than city,
which may have facilities in city, but over which city has no jurisdiction
in connection with the regulation of discarded materials.
(Prior code §§ 13-20, 13-21, 13-25; Ord. 89-O-101 § 7, 1989; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
The franchisee shall pay to the city a franchise fee and sanitation
fee, in an amount set forth in the franchise agreement, as well as
any other fees that may be specified in the franchise agreement or
other contract.
(Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
(a)
All
equipment and vehicles used by a franchisee to transport or collect
discarded materials in the city shall comply with the requirements
of 14 CCR Sections 17341 through 17345. All collection vehicles shall
be staunch, tight, and closely covered with a metal or fabric cover
or equivalent cover so as to wholly prevent the spilling, leakage,
falling off or blowing off of any contents of the vehicle or escape
of offensive odors. Each vehicle used to collect or transport discarded
materials shall carry a shovel, broom, and fire extinguisher and shall
be maintained in good repair, clean condition, and neatly painted.
The name and telephone number of the franchisee shall be painted in
letters at least three inches high on each side and across the back
of each vehicle.
(b)
All
equipment and vehicles used to collect and transport discarded materials
shall also be equipped with an audible automatic back-up or other
acceptable warning devices prescribed by Vehicle Code Section 27000.
(Ord. O-2021-12 § 2, 2021)
All containers shall be kept in clean and sanitary condition
by the owner or person using the same, and containers shall be kept
tightly covered at all times, except when solid waste, organic materials
or recyclable materials are being deposited therein or removed therefrom
and shall at all times be secure against access by flies to the contents
thereof and free from leaks. If the provisions of this section are
not fully complied with, the franchisee shall place a tag on the container
so stating; thereafter the container shall be considered as condemned
and unfit for service and in violation of the provisions of this chapter.
(Prior code §§ 13-7, 13-8; Ord. 90-O-107 § 2, 1990; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
Franchisee shall submit periodic reports to the enforcement
official or their designee in accordance with the requirements of
the franchise agreement.
(Ord. O-2021-12 § 2, 2021)
There shall be a monthly charge for all curbside residential
or commercial solid waste collection services rendered by the franchisee.
The amount of the charges shall be as established by resolution of
the city council. Any such resolution establishing charges may be
amended from time to time. Such charges shall be applicable to and
required of owners and/or occupants of all residential dwellings and
commercial premises receiving services in the city.
(Prior code §§ 13-22, 13-23; Ord. 69-O-101A § 1, 1969; Ord. 74-1-100 § 1, 1974; Ord. 75-1-128 § 1, 1976; Ord.
78-O-124 § 1, 1978; Ord. 80-O-115 § 1, 1980; Ord. 82-O-122 §
1, 1982; Ord. 82-O-126 § 1,
1982; Ord. 83-O-107, 1983; Ord. 83-O-112, 1983; Ord. 84-O-115 § 1, 1984; Ord. 89-O-101 §§ 8, 9, 1989; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
The city shall bill all single-family customers with their regular
utility bills. The franchisee shall bill all commercial and multifamily
customers for bin collection service and roll-off box collection service.
The franchisee shall bill any multifamily customers receiving cart
collection service.
(Prior code § 13-23; Ord. 83-O-107, 1983; Ord. 89-O-101 § 9, 1989; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
The franchisee is required to comply with performance standards
specified in the franchise agreement. In the event franchisee fails
to comply with the standards, the city may, at its option, assess
liquidated damages in accordance with the procedures and amounts,
if any, described in the franchise agreement.
(Ord. O-2021-12 § 2, 2021)
A franchisee shall indemnify and hold the city, city manager,
officers, agents, and employees harmless from and against any and
all loss, damages, liability, claims, suits, costs and expenses, fines,
charges, or penalties whatsoever, including reasonable attorney's
fees, regardless of the merit or outcome of any such claim or suit,
arising from or in any manner related to the services provided or
business conducted under this chapter.
(Ord. O-2021-12 § 2, 2021)
A franchisee may refuse service to a commercial customer who
fails to pay a valid bill within 60 days of the invoice date or for
a substantial refusal to comply with the requirements of this code
related to the collection of discarded materials, after giving the
customer a reasonable opportunity to comply. A franchisee may not
refuse discarded materials service to single and multi-family customers
for failure to pay.
(Ord. O-2021-12 § 2, 2021)
In approving the terms of the franchise agreement, the city
council may prescribe any additional terms, conditions, rules, regulations,
restrictions, and limitations not specifically mentioned in this chapter
that the city council determines are in the public interest. Approval
of an agreement form by the city council shall be deemed to include
a determination that each provision in the form is in the public interest.
(Prior code § 13-16; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
(a)
Violations.
The conducting of discarded materials handling service without a franchise
or contract with the city is in violation of this chapter and shall
result in the impoundment of any and all discarded materials containers
used in such unlawful operation as provided in this section.
(b)
Enforcement
Authority, Impounding of Discarded Materials Containers—Civil
Remedies.
(1)
Authority. The public works director, or designee, shall have the
authority to enforce the provisions of this chapter. This authority
shall be in addition to the authority granted to code enforcement
and police officers pursuant to this code.
(2)
Impounding of Containers. If a discarded materials container is not
properly identified as belonging to a city contracted or franchised
discarded materials handling services provider (hereinafter "city-approved
franchisee"), or if the terms of the permit, franchise agreement,
contract, or terms of this chapter are not complied with, then the
discarded materials container shall be subject to removal and impound
by order of the public works director pursuant to subsection (c) of
this section.
(3)
Penalties. Nothing in this chapter shall be deemed to limit the right
of a city-approved franchisee or the city to bring a civil action
against any person who violates this chapter, nor shall a conviction
for such violation exempt any person from a civil action brought by
a city-approved franchisee or the city. In addition, the city may
initiate civil, criminal and/or administrative actions to enforce
this section.
(c)
Unauthorized
Discarded Materials Container—Impoundment.
(1)
The public works director may cause the posting of a notice to remove,
in a conspicuous place, on any solid waste container placed on any
public or private property within the city in violation of this chapter.
(2)
Notices to remove posted pursuant to the provisions of this chapter
shall specify the nature of the violation and shall state that the
discarded materials container must be removed within 24 hours or it
may be impounded at the owner's sole expense, which shall include
all impound towing, dumping (emptying), storing and administrative
processing fees. The notice to remove shall also advise the owner
of the owner's right to contest the violation pursuant to subsection
(d) of this section. The posting of a notice to remove shall constitute
constructive notice to the owner and user of the container of the
requirement to remove the discarded materials container.
(3)
If the discarded materials container is not removed within 24 hours
after the notice to remove is posted, the public works director may
authorize impoundment and direct the removal and storage of the discarded
materials container and the disposal of its contents. The actual removal
may be carried out by city staff or city-approved franchisee with
express direction from the public works director.
(4)
If the identity and contact information of the owner of a discarded
materials container that has been removed by the city is known to
the public works director, the public works director shall promptly
cause a notice of impoundment to be mailed to the owner to claim the
stored property. The notice of impoundment shall advise the owner
of the nature of the violation and their right to contest the violation
pursuant to subsection (d) of this section. If the discarded materials
container is not claimed within 30 days after removal and notice to
the owner, or 30 days after removal if the identity and contact information
of the owner is unknown, and whose impoundment has not been contested
pursuant to subsection (d), the discarded materials container and
its contents shall be deemed abandoned property and may be disposed
of accordingly.
(5)
After a discarded materials container has once been removed by the
city pursuant to a notice to remove, the owner thereof shall be deemed
to have actual notice of the provisions of this chapter, including
the prohibition of placement of any unlawful discarded materials containers.
In the event of a subsequent placement of a discarded materials container
determined to be owned and/or maintained by the same owner, irrespective
of the name under which the unlawful business is operated, the public
works director may immediately, without the posting of a notice to
remove, direct the removal and storage of the unlawfully placed discarded
materials container and shall, in such case, give a notice of impoundment
to the owner to claim the discarded materials container. The notice
of impoundment shall advise the owner of the nature of the violation
and of their right to contest the violation pursuant to subsection
(d). In such event, the owner shall be responsible to reimburse the
city for the actual cost of removal, storage, and disposal of the
container contents, which cost shall be paid by the owner before the
discarded materials container is returned to the owner. If the discarded
materials container is unclaimed after notice of impoundment is mailed
to the owner and the expiration of the period set forth in subsection
(c)(4), the discarded materials container and its contents shall be
deemed abandoned property and may be disposed of accordingly.
(6)
The owner of the unlawful discarded materials container shall be
responsible to reimburse the city for the actual cost of the removal,
storage, and disposal. All amounts due to the city for the cost of
the removal, storage and disposal shall be paid before the discarded
materials container is returned to the owner. The costs incurred by
the city for removal, storage and disposal shall constitute a debt
owed to the city by the owner, who shall be liable therefor in an
action by the city for the recovery of such amounts.
(7)
The fees related to the impoundment, emptying, storage and administrative
processing of impounded discarded materials containers shall be set
by city council resolution.
(d)
Administrative
Hearing.
(1)
Request for Hearing. Any responsible party to whom a notice to remove
or notice of impoundment has been issued may contest that there was
a violation of this section or that they are the responsible party
by filing a written request with the city manager for a hearing within
10 business days from the date of notice. However, this chapter does
not limit the city from utilizing any necessary criminal, civil and/or
administrative remedies to address violations of this chapter.
(Prior code § 13-18; Ord. O-2002-09 § 1, 2002; Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
Single-family generators shall comply with the following requirements:
(1)
Shall subscribe to the franchisee's discarded materials handling services for all discarded materials generated on their premises as described below in subsection (2). The city shall have the right to review the number and size 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 adjust the generator's service level for its discarded materials handling services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(2)
Shall
participate in the franchisee's discarded materials handling service
by placing designated materials in designated containers as described
below and shall not place prohibited container contaminants in collection
containers.
(3)
Shall
place source separated organic materials, including food waste, in
the green container; source separated recyclable materials in the
blue container; and solid waste in the gray container. Generators
shall not place materials designated for the gray container into the
green container or blue container and shall not place materials designated
for the green container or the blue container in the gray container.
(Ord. O-2021-12 § 2, 2021)
Generators that are commercial businesses, including multifamily
residential dwellings, shall:
(1)
Subscribe to franchisee's three or three plus container discarded materials handling service and comply with requirements of those services as described below in subsection (2), except commercial businesses that meet the self-hauler requirements in Section 8.04.280 of this chapter. The city shall have the right to review the number and size 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 businesses shall adjust their service level for their discarded materials handling service as requested by the city.
(2)
Except commercial businesses that meet the self-hauler requirements in Section 8.04.280 of this chapter, generators shall participate in the franchisee's discarded materials handling service by placing designated materials in designated containers as described below. Generators shall place source separated organic materials, including food waste, in the green container (or if applicable, brown container); source separated recyclable materials in the blue container; and solid waste in the gray container. Generators shall not place materials designated for the gray container into the green container, brown container, or blue container, and shall not place materials designated for the green container, brown container, or the blue container in the gray container.
(3)
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (4)(A) and (4)(B) below) for employees, franchisees, tenants, and customers, consistent with city's discarded materials handling service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.04.280.
(4)
Excluding
multifamily residential premises, provide containers for the collection
of source separated organic materials and source separated recyclable
materials in all indoor and outdoor areas where solid waste 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. The containers provided by the business shall
have either:
(A)
A body or lid that conforms to the container colors provided through
the franchisee, 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 this
subsection prior to the end of the useful life of those containers,
or prior to January 1, 2036, whichever comes first.
(B)
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 labeling requirements are required on new containers
commencing January 1, 2022.
(5)
Excluding
multifamily residential premises, prohibit employees from placing
materials in a container not designated for those materials. To the
extent practical, this should be achieved through education, training,
inspections, and/or other measures.
(6)
Excluding
multifamily residential premises, periodically inspect blue container,
green container, gray containers, and if applicable, brown container
for container contamination and inform employees if there are contaminated
containers are contaminated and of the requirements to keep prohibited
container contaminants out of those containers.
(7)
Annually
provide information to employees, franchisees, tenants, and customers
about organic waste recovery requirements and about proper sorting
of organic materials and source separated recyclable materials.
(8)
Provide
education information before or within 14 days of occupation of the
premises by new tenants that describes requirements to keep organic
materials and recyclable materials separate from the solid waste container
waste and the location of containers and the rules governing their
use at each property.
(9)
Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with Section 8.04.400 of this chapter to confirm compliance with the requirements of this chapter.
(10)
Accommodate and cooperate with city's remote monitoring program (if
implemented) for inspection of the contents of containers for prohibited
container contaminants and to evaluate generator's compliance. The
remote monitoring program shall involve installation of remote monitoring
equipment on or in the blue containers, green containers, and gray
containers or on franchisee's vehicles.
(11)
At commercial business's option and subject to any approval required
from the city, implement a remote monitoring program for inspection
of the contents of its blue containers, green containers, and gray
containers for the purpose of monitoring the contents of containers
to determine appropriate levels of service and to identify prohibited
container contaminants. Generators may install remote monitoring devices
on or in the blue containers, green containers, and gray containers
subject to written notification to or approval by the city.
(12)
If a commercial business wants to self-haul any portion of its waste steam, meet the self-hauler requirements in Section 8.04.280 of this chapter.
(Ord. O-2021-12 § 2, 2021)
(a)
Self-haulers shall source separate all recyclable materials and organic materials (materials that the city otherwise requires generators to separate for collection in the franchisee's discarded materials handling service program) generated on site from solid waste in a manner consistent with Section 8.04.260 for single-family waste generators, and Section 8.04.270 for commercial businesses and multifamily residential premises, or shall haul discarded materials that have not been source separated to a high diversion organic waste processing facility.
(b)
Self-haulers
shall haul their source separated recyclable materials to a facility
that recovers those materials; haul their source separated organic
materials to a processing facility, operation, activity, or property
that processes or recovers organic materials; and haul their solid
waste to a disposal facility or transfer facility or operation that
processes or disposes of solid waste. Alternatively, self-haulers
may haul solid waste to a high diversion organic waste processing
facility.
(c)
Self-haulers
that are commercial businesses (including multifamily residential
premises) shall keep a record of the amount of recyclable materials,
organic materials, and solid waste delivered to each facility, operation,
activity, or property that processes or recovers recyclable materials
and organic waste delivered to a high diversion organic waste processing
facility. This record shall be subject to inspection by the city or
its designee. The records shall include the following information:
(1)
Delivery receipts and weight tickets from the entity accepting the
organic materials, recyclable materials, or solid waste.
(2)
The amount of material in cubic yards or tons transported by the
generator to each entity.
(3)
If the material is transported to an entity that does not have scales
on site or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the selfhauler is not required to record the weight of material
but shall keep a record of the number of loads, and the entities that
received the recyclable materials, organic materials, and solid waste.
(Ord. O-2021-12 § 2, 2021)
(a)
De Minimis Waivers. The city may waive a commercial business's obligation (including multifamily residential premises) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (a)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1)
Submit an application specifying the services that they are requesting
a waiver from and provide documentation as noted in subsection (a)(2)
below.
(2)
Provide documentation that either:
(A)
The commercial business's total solid waste collection service is
two cubic yards or more per week and organic materials subject to
collection in a green container comprises less than 20 gallons per
week per applicable container of the business's total waste; or
(B)
The commercial business's total solid waste collection service is
less than two cubic yards per week and organic materials subject to
collection in a green container comprises less than 10 gallons per
week per applicable container of the business's total waste.
(3)
Notify city if circumstances change such that commercial business's
organic waste exceeds threshold required for waiver, in which case
waiver will be rescinded.
(4)
Provide written verification of eligibility for de minimis waiver
every five years if city has approved de minimis waiver.
(b)
Physical
Space Waivers. The city may waive a commercial business's or property
owner's obligations (including multifamily residential premises) to
comply with some or all of the recyclable materials and/or organic
materials collection service requirements if the city has sufficient
evidence from its own staff, a hauler, licensed architect, or licensed
engineer demonstrating that the premises lacks adequate space for
the collection containers required for compliance with the organic
waste collection requirements of this chapter. The determination on
whether to grant the physical space waiver shall be made by the public
works director or their designee.
A commercial business or property owner may request a physical
space waiver through the following process:
(1)
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
(2)
Provide documentation that the premises lacks adequate space for
blue containers and/or green containers including documentation from
its hauler, licensed architect, or licensed engineer.
(3)
Provide written verification to city that it is still eligible for
physical space waiver every five years if city has approved application
for a physical space waiver.
(Ord. O-2021-12 § 2, 2021)
(a)
Tier
one commercial edible food generators must comply with the requirements
of this section commencing January 1, 2022, and tier two commercial
edible food generators must comply commencing January 1, 2024, pursuant
to 14 CCR Section 18991.3.
(b)
Large
venue or large event operators not providing food services, but allowing
for food to be provided by others, shall require food facilities operating
at the large venue or large event to comply with the requirements
of this section, commencing January 1, 2024.
(c)
Commercial
edible food generators shall comply with the following requirements:
(1)
Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
(2)
Contract with, or enter into a written agreement with, food recovery
organizations or food recovery services for: (A) the collection of
edible food for food recovery; or (B) acceptance of the edible food
that the commercial edible food generator self-hauls to the food recovery
organization for food recovery.
(3)
Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
(4)
Allow city's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant
to 14 CCR Section 18991.4.
(5)
Keep records that include the following information:
(A)
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(C)
A record of the following information for each of those food recovery
services or food recovery organizations:
(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 self-hauled 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 or self-hauled to a food recovery service or food recovery
organization for food recovery.
(6)
Nothing in this chapter 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 sharing tables and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. O-2021-12 § 2, 2021)
(a)
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1)
The name, address, and contact information for each commercial edible
food generator that the service collects edible food from.
(2)
The quantity in pounds of edible food collected from each commercial
edible food generator per month.
(3)
The quantity in pounds of edible food transported to each food recovery
organization per month.
(4)
The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food
to for food recovery.
(b)
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators via a contract or written agreement,
shall maintain the following records:
(1)
The name, address, and contact information for each commercial edible
food generator that the organization received edible food from.
(2)
The quantity in pounds of edible food received from each commercial
edible food generator per month.
(3)
The name, address, and contact information for each food recovery
service that the organization received edible food from for food recovery.
(c)
Food
recovery organizations and food recovery services that have their
primary address physically located in the city and contract with or
have written agreements with one or more commercial edible food generators
shall report to the city the total pounds of edible food recovered
in the previous calendar year from the tier one and tier two commercial
edible food generators.
(d)
Food
Recovery Capacity Planning. To support edible food recovery capacity
planning assessments or other studies conducted by the county, or
city, food recovery services and food recovery organizations operating
in the city shall provide information and consultation to the city,
upon 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 unless a shorter timeframe is otherwise specified by
the city.
(Ord. O-2021-12 § 2, 2021)
(a)
Requirements
for Haulers.
(1)
Exclusive franchisee providing residential, commercial, or industrial
discarded materials handling service to generators within the city's
boundaries shall meet the following requirements and standards as
a condition of approval of a contract, agreement, or other authorization
with the city to collect discarded materials:
(A)
Through written notice to the city annually on or before March 15
identify the facilities to which they will transport discarded materials
including facilities for source separated recyclable materials, source
separated organic materials and solid waste.
(B)
Transport source separated recyclable materials to a facility that
recovers those materials, transport source separated organic materials
to a facility, operation, activity, or property that recovers organic
waste as defined in 14 CCR, Division 7, Chapter 12, Article 2, and
transport solid waste to a disposal facility or transfer facility
or operation that processes or disposes of solid waste.
(C)
Obtain approval from the city to haul organic waste, unless it is
transporting organic materials to a community composting site or lawfully
transporting C&D in a manner that complies with the city's C&D
ordinance.
(b)
Requirements
for Facility Operators and Community Composting Operations.
(1)
Owners of facilities, operations, and activities that recover organic
materials, including, but not limited to, compost facilities, in-vessel
digestion facilities, and publicly-owned treatment works shall, upon
city request, provide information regarding available and potential
new or expanded capacity at their facilities, operations, and activities,
including information about throughput and permitted capacity necessary
for planning purposes. Entities contacted by the city shall respond
within 60 days.
(2)
Community composting operators, upon city's request, shall provide
information to the city to support organic materials capacity planning,
including, but not limited to, an estimate of the amount of organic
materials anticipated to be handled at the community composting operation.
Entities contacted by the city shall respond within 60 days.
(Ord. O-2021-12 § 2, 2021)
(a)
Direct
service providers of landscaping maintenance, renovation, and construction
shall:
(1)
Use compost and SB 1383 eligible mulch, as practicable, produced
from recovered organic waste, for all landscaping renovations, construction,
or maintenance performed for the city, whenever available, and capable
of meeting quality standards and criteria specified. SB 1383 eligible
mulch used for land application shall comply with 14 CCR, Division
7, Chapter 12, Article 12 and must meet or exceed the physical contamination,
maximum metal concentration and pathogen density standards specified
in 14 CCR Sections 17852(a) (24.5) (A)(1) through (3).
(2)
Keep and provide records of procurement of recovered organic waste
products (either through purchase or acquisition) to city, upon completion
of projects. Information to be provided shall include:
(A)
General description of how and where the product was used and if
applicable, applied;
(B)
Source of product, including name, physical location, and contact
information for each entity, operation, or facility from whom the
recovered organic waste products were procured;
(C)
Type of product;
(D)
Quantity of each product; and
(E)
Invoice or other record demonstrating purchase or procurement.
(b)
All
vendors providing paper products and printing and writing paper shall:
(1)
If fitness and quality are equal, provide recycled-content paper
products and recycled-content printing and writing paper that consists
of at least 30%, by fiber weight, postconsumer fiber instead of non-recycled
products whenever recycled paper products and printing and writing
paper are available at the same or lesser total cost than nonrecycled
items or at a total cost of no more than 10% above the total cost
for non-recycled items.
(2)
Provide paper products and printing and writing paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12. Certify percentage of postconsumer
material in the paper products, printing and writing paper, or both
can be verified by a product label, catalog, invoice, or a manufacturer
or vendor's internet website.
(3)
Certify in writing, on invoices or receipts provided, that the paper
products and printing and writing paper offered or sold to the city
is eligible to be labeled with an unqualified recyclable label as
defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(4)
Certify in writing, under penalty of perjury, the minimum percentage
of postconsumer material in the paper products and printing and writing
paper offered or sold to the city. This certification requirement
may be waived if the percentage of postconsumer material in the paper
products, printing and writing paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor Internet
website.
(5)
Provide records to the city's recovered organic waste product procurement
recordkeeping staff, in accordance with the city's recycled-content
paper procurement policy(ies) of all paper products and printing and
writing paper purchases within 30 days of the purchase (both recycled-content
and non-recycled content, if any is purchased) made by any division
or department or employee of the city. Records shall include a copy
(electronic or paper) of the invoice or other documentation of purchase,
written certifications as required in subsections (b)(3) and (b)(4)
of this section for recycled-content purchases, purchaser name, quantity
purchased, date purchased, and recycled content (including products
that contain none), and if non-recycled content paper products or
printing and writing papers are provided, include a description of
why recycled-content paper products or printing and writing papers
were not provided.
(Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
(a)
Covered
Projects. Prior to beginning any construction or demolition activities,
the applicant shall submit a waste management plan to the city enforcement
official or sign up for C&D services through the city's solid
waste hauler and shall comply with all provisions of this chapter.
(b)
Non-Covered
Projects. Proponents of non-covered projects shall divert at least
65% of all project-related C&D debris, or other diversion requirements
as may be imposed by applicable laws but shall not be required to
submit a waste management plan to the enforcement official.
(c)
Compliance
as a Condition of Approval. Compliance with the provisions of this
chapter shall be listed as a condition of approval on any building
or demolition permit issued for a covered project.
(Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
(a)
Applicants
for building or demolition permits involving any covered project shall
complete and submit a waste management plan ("WMP"), on a WMP form
approved by the city for this purpose, as part of the application
packet for the building and/or demolition permit. The completed WMP
shall indicate all of the following:
(1)
The estimated weight of project C&D debris, by material type,
to be generated;
(2)
The maximum weight of such materials that can feasibly be diverted
via reuse or recycling;
(3)
The vendor or facility that the applicant proposes to use and receive
the material;
(4)
The estimated weight of C&D debris that will be landfilled;
(5)
Any special or specific activities that the applicant will use to
comply with the provisions of this section;
|
For purposes of this chapter, measurements of weight may be
satisfied by measurements of volume, as authorized by subsection (b)
below.
|
(b)
Calculating
Weight of Debris. In estimating the weight of materials identified
in the WMP, the applicant shall use the standardized conversion rates
approved by the city for this purpose.
(c)
Deconstruction.
In preparing the WMP, applicants for building or demolition permits
involving the removal of all or part of an existing structure shall
consider deconstruction, to the maximum extent feasible, and shall
make the materials generated thereby available for salvage rather
than being landfilled.
(Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
(a)
Approval.
No building or demolition permit shall be issued for any covered project
unless and until the enforcement official has approved the WMP. Approval
shall not be required, however, where an emergency demolition is required
to protect public health or safety as determined by the enforcement
official. The enforcement official shall only approve a WMP if the
official first determines that all of the following conditions have
been met:
(2)
The WMP indicates that at least 65% of all C&D debris generated
by the project will be diverted, or other diversion requirements as
may be imposed by applicable laws.
(3)
If the enforcement official determines that these conditions have
been met, the official shall mark the WMP "approved," return a copy
of the WMP to the applicant.
(b)
Non-Approval.
If the enforcement official determines that the WMP is incomplete
or fails to indicate that at least 65% of all C&D debris generated
by the project will be reused or recycled, or other diversion requirements
as may be imposed by applicable laws, the enforcement official shall
either:
(1)
Return the WMP to the applicant marked "denied," including a statement
of reasons, and immediately stop processing the building or demolition
permit application; or
(2)
Return the WMP to the applicant marked "further information required,"
accompanied by a description of the needed additional information.
(Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
(a)
To ensure the diversion of at least 65% of all C&D debris generated by the project will be reused or recycled within the city the following special requirements apply to all covered projects as listed in Section 8.04.380:
(1)
All contractors or owner-builders applying for a permit are required
to complete a project form and attest that only an authorized city
agent will be used to haul debris and other solid waste generated
by that project.
(2)
All contractors or owner-builders are required to place a deposit
with the city to ensure their compliance with the required use of
an authorized city agent. The specific deposit amount shall range
from a low of $100 to a high equivalent to 3% of the total project
value.
(3)
Upon completion of the project, and if proof deemed satisfactory
by the city confirms that all solid waste hauling for that project
was done by an authorized city agent then a full refund of the deposit
will be made. Acceptable forms of proof are weight tickets, collection
receipts, billings, or similar statements from an authorized city
agent showing that they performed solid waste collection at the location
established for that project. It is the contractor's or owner-builder's
responsibility to provide receipts covering all hauling activity for
that project. Failure to provide complete records will be deemed as
noncompliance.
(4)
Failure to provide receipts or other acceptable proof of compliance
for all solid waste hauling on a project will result in the forfeiture
of 100% of deposited funds.
(b)
Documentation.
Within 90 days after completion of any covered project, the applicant
shall submit to the enforcement official documentation that it has
met the diversion requirement. This documentation shall include all
the following:
(1)
Receipts from the vendor and facility that collected and received
each material showing the actual weight or volume of that material;
(2)
Copy of the previously approved WMP for the project adding the actual
weight or volume of each material diverted and landfilled;
(3)
Any additional information the applicant believes is relevant to
determining its efforts to comply in good faith with the approved
WMP for the project.
(c)
Weighing
of Wastes. The applicant shall make reasonable efforts to ensure that
all C&D debris diverted or landfilled, is measured, and recorded
using the most accurate method of measurement available. Unless otherwise
exempted by the enforcement official, all C&D debris shall be
weighed. Regarding C&D debris for which weighing is not required
due to small size or other considerations, a volumetric measurement
shall be used. For conversion of volumetric measurements to weight,
the applicant shall use the standardized conversion rates approved
by the city for this purpose.
(Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
The following projects are required to comply with the special
requirements of this chapter:
(1)
Residential
additions of 500 square feet or more;
(2)
Tenant
improvements of 500 square feet or more;
(3)
New
structures of 500 square feet or more;
(4)
All
projects incorporating demolition, regardless of their square footage;
(5)
All
city public works and construction projects which are awarded pursuant
to a competitive bid procedure;
(6)
All
roofing projects;
(7)
Pool
demolitions;
(8)
Other
projects determined by the city administrator to generate sufficient
debris to warrant collection by the city franchisee or authorized
permittee.
(Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
Except as otherwise required by the city in its sole discretion,
no WMP shall be required for the following:
(1)
Immediate
or emergency demolition required to protect the public health, safety,
or welfare, as determined by the city administrator given prior to
demolition.
(2)
A
project for which an exception, conditional use permit or development
plan review approval has been obtained from the city prior to the
effective date of the ordinance codified in this chapter and substantial
construction work has commenced thereunder.
(3)
A
project for which a valid building permit has been lawfully issued
by the city prior to the effective date of the ordinance codified
in this chapter and substantial construction work has commenced thereunder.
(4)
Work
for which only a plumbing, electrical, or mechanical permit is required.
(5)
Seismic
tie-down projects.
(6)
Installation
of add on prefabricated accessories such as monument signs or antennae
where no structural building modifications are required. New installations
are not exempt.
(7)
Flag
poles.
(8)
Residential
patio covers.
(9)
Wall
signs.
(Ord. O-2011-08 § 2, 2011; Ord. O-2021-12 § 2, 2021)
(a)
City
representatives and/or its designated entity, including designees,
are authorized to conduct inspections and investigations, at random
or otherwise, of any collection container, collection vehicle loads,
or transfer, processing, or disposal facility for materials collected
from generators, or source separated materials to confirm compliance
with this chapter by generators, commercial businesses (including
multifamily residential premises), property owners, commercial edible
food generators, haulers, franchisee, self-haulers, food recovery
services, and food recovery organizations, subject to applicable laws.
Without a warrant, this section does not allow city to enter the interior
and/or restricted areas of a private residential property for inspection.
(b)
Regulated
entities shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the city's employee or its designated entity/designee during
such inspections and investigations. Such inspections and investigations
may include confirmation of proper placement of materials in containers,
edible food recovery activities, records, or any other requirement
of this chapter described herein. Failure to provide or arrange for:
(1) access to an entity's premises; or (2) access to records for any
inspection or investigation is a violation of this chapter and may
result in civil, criminal and/or administrative penalties.
(c)
Any
records obtained by a city during its inspections and other reviews
shall be subject to the requirements and applicable disclosure exemptions
of the Public Records Act as set forth in Government Code Section
6250 et seq.
(d)
City
representatives, its designated entity, and/or designee are authorized
to conduct any Inspections or other investigations as reasonably necessary
to further the goals of this chapter subject to applicable laws.
(e)
City
shall receive written complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 regulations, including
receipt of anonymous complaints.
(Ord. O-2021-12 § 2, 2021)
(a)
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of civil, criminal and/or administrative penalties by a city enforcement official or representative. Administrative enforcement actions under this chapter may include the issuance of an administrative citation and assessment of a fine. The city's penalties are included in Section 1.08.010 and Chapter 1.10 is hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, collection, and enforcement of this chapter.
(b)
Other
remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. The city may pursue civil actions in
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 exist
such that court action is a reasonable use of city staff and resources.
(c)
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 their designee,
designated entity, legal counsel, or combination thereof.
(2)
Enforcement may also be undertaken by a regional or county agency
enforcement official, designated by the city, in consultation with
city enforcement official.
(3)
City enforcement official will interpret this chapter; determine
the applicability of waivers, if violation(s) have occurred; implement
enforcement actions; and, determine if compliance standards are met.
(4)
City enforcement official(s) may issue notices of violation(s).
(d)
Process
for Enforcement.
(1)
City enforcement officials or designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 8.04.400 establishes 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)
The city shall issue a notice of violation requiring compliance within
60 days of issuance of the notice.
(4)
Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an enforcement action pursuant to Chapter 1.10.
(5)
Notices shall be sent to "owner" at the official address of the owner
maintained by the tax franchisee 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 discarded
materials handling service, depending upon available information.
(e)
Penalty Amounts for Types of Violations. Consistent with Section 1.10.030, the penalty levels are as follows:
(1)
For a first violation, the amount of the base penalty shall be $100
per violation.
(2)
For a second violation, the amount of the base penalty shall be $200
per violation.
(3)
For a third or subsequent violation, the amount of the base penalty
shall be $500 per violation.
(4)
In addition to the recommended penalties, the city's enforcement
official may commence other civil, criminal and/or administrative
actions to address the violations.
(f)
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:
(g)
Administrative Citation Appeals Process. Consistent with Section 1.10.120, persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city's procedures in the city's codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.
(h)
Education
Period for Noncompliance. Beginning January 1, 2022 and through December
31, 2023, city or its designee will conduct inspections, route reviews
or waste evaluations, and compliance reviews, depending upon the type
of regulated entity, to determine compliance, and if city determines
that a generator, self-hauler, 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.
(i)
Civil
Penalties for Noncompliance. Beginning January 1, 2024, if the city
determines that a generator, self-hauler, 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 the noncompliance or violation, issue a
notice of violation, and take enforcement action pursuant to this
section, as needed.
(Ord. O-2021-12 § 2, 2021)
