A. 
The purpose of this chapter is to regulate solid waste handling in order to protect the public health, safety and welfare and to meet the city's obligations under the California Integrated Waste Management Act 1989 (Public Resources Code Sections 40000 et seq. as amended from time to time) (Hereinafter "AB 939").
B. 
The city is obligated by AB 939 to implement plans for solid waste source reduction, reuse, and recycling (including composting) to meet specified achievement milestones.
C. 
State recycling law, Assembly Bill 341 of 2011 requires businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.
D. 
State organics recycling law, Assembly Bill 1826 of 2014 requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires the city to implement a recycling program to divert organic waste from businesses subject to the law, and requires the city to implement a mandatory commercial organics recycling program.
E. 
SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the city, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.
F. 
SB 1383 further requires the city to adopt and enforce an ordinance to implement relevant provisions of SB 1383 Regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.
G. 
Pursuant to the California Constitution, the city is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of solid waste handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether solid waste services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license or permit.
(Ord. 21-06 § 1, 2021)
If any section, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The city council declares that it would have passed this chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.
(Ord. 21-06 § 1, 2021)
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as provided for below. Certain definitions shall have the same meaning as established in AB 939, the California Integrated Waste Management Act of 1989, as amended from time to time, and the regulations of the California Department of Resources Recycling and Recovery (CalRecycle) codified at Title 14 of the California Code of Regulations, Division 7 (commencing with Section 17000), as amended from time to time, which definitions shall take precedence to be consistent with state law and regulations.
"AB 939"
means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor.
"Applicant"
means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, remodeling or demolition project within the city.
"Blue container"
means a container where either: (1) the lid of the container is blue in color, or (2) the body of the container is blue in color and the lid is either blue, gray, or black in color. Hardware such as hinges and wheels on a blue container may be any color. Blue containers shall be used for the purpose of storage and collection of source separated recyclable materials, which includes non-putrescible and non-hazardous recyclable wastes such as cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
"C&D"
means construction and demolition.
"City"
shall mean the city of Los Alamitos.
"C&D debris" or "construction and demolition debris"
means used or discarded materials removed from premises during construction, renovation, remodeling, repair, or demolition operations on any pavement, residential building, commercial or industrial building, or other structure and shall include, but is not limited to concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal.
"California code of regulations" or "CCR"
means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"Commercial business" or "commercial"
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling. A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food generator as defined below. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
1. 
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following:
a. 
Supermarket.
b. 
Grocery store with a total facility size equal to or greater than 10,000 square feet.
c. 
Food service provider.
d. 
Food distributor.
e. 
Wholesale food vendor.
2. 
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
a. 
Restaurant with two hundred (250) or more seats, or a total facility size equal to or greater than 5,000 square feet.
b. 
Hotel with an on-site food facility and 200 or more rooms.
c. 
Health facility with an on-site food facility and 100 or more beds.
d. 
Large venue.
e. 
Large event.
f. 
A state agency with a cafeteria with two hundred (250) or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
g. 
A local education agency facility with an on-site food facility.
"Community composting"
means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet.
"Compost"
means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
"Construction, remodeling or demolition project"
means the erection or demolition of or the making of changes to any building, structure or landscaping which generates C&D debris.
"Contractor"
means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the state, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the city.
"Diversion requirement"
means the percentage of C&D debris for each project that must be diverted from landfills.
"Divert"
means to use material for any purpose other than disposal in a landfill or transformation facility.
"Edible food"
means food intended for human consumption. For the purposes of this chapter, edible food is not solid waste 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.
"Food distributor"
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores.
"Food recovery"
means actions to collect and distribute food for human consumption that otherwise would be disposed.
"Food recovery organization"
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:
1. 
A food bank as defined in Section 113783 of the Health and Safety Code;
2. 
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
3. 
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter.
"Food recovery service"
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery. A food recovery service is not a commercial edible food generator for the purposes of this chapter.
"Food service provider"
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
"Food waste"
means all of the following:
1. 
Food Scraps, including all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps; and
2. 
Food-soiled paper, including compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons; and
3. 
Compostable plastics, including plastic materials that meet the ASTM D6400 standard for compostability.
"Franchise"
means the right or privilege conferred by the city on one or more private entities for the collection, transportation or other handling of solid waste.
"Franchisee"
means a solid waste enterprise having a solid waste franchise agreement with the city.
"Gray container"
means a container where either: (1) the lid of the container is gray or black in color; or (2) the body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware such as hinges and wheels on a gray container may be any color. Gray containers shall be used for the purpose of storage and collection of gray container waste.
"Gray container waste"
means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b).
"Green container"
means a container where either: (1) the lid of the container is green in color; or (2) the body of the container is green in color and the lid is green, gray or black in color. Hardware such as hinges and wheels on a gray container may be any color. Green containers shall be used for the purpose of storage and collection of source separated green container organic waste, which includes green waste and organic waste.
"Green waste"
means vegetative cuttings, shrubs, stumps, brush, tree trimmings, grasses, and related materials that have been separated from other solid waste. Green waste does not include stumps or branches with a diameter exceeding 18 inches or a length exceeding four feet.
"Grocery store"
means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.
"Gross receipts"
means any and all revenue receipts, or compensation in any form received for the collection, transportation, disposal and/or processing of solid waste generated and/or collected in the city, including, but not limited to, customer charges for collection of solid waste, without subtracting permit fees, AB 939 fees, or other fees or any other cost of doing business. Sales revenue from the sale of recyclable materials is excluded from gross receipts for purposes of calculating fees due the city.
"Hazardous waste"
means any substance, waste or mixture of wastes defined as "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 9601 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., and all future amendments to either of them, or as defined by the California Department of Resources Recycling and Recovery, and all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the United States Environmental Protection Agency (EPA). Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.
"High diversion organic waste processing facility"
means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 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).
"Inspection"
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 set forth in this chapter.
"Large event"
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per 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.
"Large venue"
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.
"Local education agency"
means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste.
"Mixed waste organic collection stream" or "mixed waste"
means organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility.
"Multifamily residential dwelling" or "multifamily"
means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"Non-organic recyclables"
means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass.
"Organic waste"
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. Organic waste does not include paper that is coated in a plastic material that will not breakdown in the composting process.
"Organic waste generator"
means a person or entity that is responsible for the initial creation of organic waste.
"Paper products"
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.
"Permittee"
shall mean a person to whom the city has issued a solid waste permit under Article 2 of this chapter.
"Person"
shall mean any solid waste enterprise, individual, partnership, joint venture, firm, corporation, nonprofit corporation, association, organization, unincorporated private or public organization, or any other combination or entity.
"Premises"
means any building, dwelling, or site in any zone within the city from which any activity is conducted, including, without limitation, residential, service, nonprofit, governmental, institutional, educational, industrial, commercial or agricultural uses.
"Printing and writing papers"
include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications.
"Prohibited container contaminants"
means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the green container; (3) discarded materials placed in the gray container that are not identified as acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the green container and/or blue container; and (4) excluded waste placed in any container.
"Project"
means any activity that requires an application for a building or demolition permit or any similar permit from the city.
"Recovery" or "organic waste recovery"
means any activity or process described in 14 CCR Section 18983.1(b).
"Recyclable solid waste"
means all solid waste which can be recycled and which is separated from other solid waste for the purpose of being recycled such as, but not limited to, aluminum, cardboard, glass, grass, and yard cuttings, metal, newspaper, paper, and plastic.
"Recycle" or "recycling"
means the process of collecting, transferring, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.
"Remodel"
means any change, addition, or modification to an existing structure.
"Remote monitoring"
means the use of the Internet of Things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Restaurant"
means an establishment primarily engaged in the retail sale of food and drinks for onpremises or immediate consumption.
"Reuse"
means further or repeated use of C&D debris or other types of solid waste.
"Roll-off box"
means a container used for solid waste collection, usually 10 to 50 cubic yards in size, which is removed from the premises and transported to a recycling or disposal site for solid waste removal. Roll-off boxes are typically used for C&D debris, other temporary solid waste collection needs, and for large solid waste generators.
"Salvage"
means the controlled removal of C&D debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
"Scavenging"
means the unauthorized removal of solid waste from containers or bins of city franchisee or permittees. Scavenging is prohibited by this chapter. In addition, the scavenging of paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials from containers or bins for such materials is prohibited by Public Resources Code Section 41950.
"Self-hauler"
means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste. "Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment.
"Single-family"
means of, from, or pertaining to any residential premises with fewer than five units.
"Solid waste container"
shall mean any bin, roll-off box, cart, receptacle, or other container used to hold solid waste for collection and disposal or processing.
"Solid waste coordinator"
shall mean the solid waste coordinator of the city or such other designee of the city manager charged with coordinating, monitoring, controlling, or regulating municipal solid waste within the city.
"Solid waste"
has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:
1. 
Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. 
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. 
Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
4. 
Abandoned vehicles or parts thereof.
"Solid waste collectors"
means any individual, joint venture, partnership, unincorporated private organization, or private corporation permitted or franchised by the city to perform solid waste collection services within the city.
"Solid waste handling services"
means the transportation, storage, transfer, processing, disposal or collection (whether from the curbside, bins, roll-off box or any other type of solid waste container or location) of solid waste for residential, commercial, institutional, industrial or any other originators, users or customers.
"Source separated"
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 those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.
"Source separated green container organic waste"
means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding carpets, non-compostable paper, and textiles.
"Source separated recyclable materials"
means source separated non-organic recyclables.
"Supermarket"
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.
"Temporary collection container"
means a bin or roll-off box, or other similar type of container used for the temporary collection of solid waste. Such a container does not include the franchisee's containers placed for scheduled, regular collection service.
"Temporary collection service"
means collection of occasional, non-continuing accumulations of solid waste which is not generated from on-going activities or operations, but which is either:
1. 
Solid waste resulting from construction, remodeling, repair, demolition, site preparation, or grading; or
2. 
Other temporary solid waste collection where a container is provided for no more than 30 consecutive days, or no more than 60 days in any 90 day period.
"Universal waste"
are any of the hazardous wastes that are listed in Section 66261.9 of Article 1, Chapter 11, Division 4.5 of Title 22 of the California Code of Regulations (22 CCR Section 66261.9), which includes electronic devices, batteries, electric lamps, fluorescent tubes and bulbs, high intensity discharge lamps, sodium vapor lamps and lamps that contain added mercury, mercury-containing equipment, CRT, CRT glass, and non-empty aerosol cans.
"Waste reduction and recycling plan"
means a completed form submitted by an applicant for any covered project approved by the city for the purpose of compliance with this chapter. The first portion of the form is submitted when applying for a permit, and the second portion when the project is completed.
"Wholesale food vendor"
means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
(Ord. 21-06 § 1, 2021)
A. 
The city may provide for the collection, transportation, and disposal of solid waste by franchise and/or permit. The city council may award one or more franchises for collection of solid waste from all or a portion of residential, commercial, industrial and city properties in the city. The city may issue permits to provide solid waste handling services not exclusively covered by the city's solid waste franchise agreement. City-authorized franchisee(s) and permittees shall be collectively referred to as the city's solid waste collectors. The city council may suspend and/or revoke a solid waste permit described herein in accordance with the provisions of this chapter.
B. 
Each solid waste collector providing services within the city shall obtain and maintain all appropriate licenses and all forms of authorization, permit, franchise, or contract as may be required by the city council. Each solid waste collector shall comply with all applicable federal, state, and local laws, regulations, and requirements governing solid waste.
C. 
No person shall construct or operate a solid waste management enterprise or facility, including, but not limited to, a material recovery facility, landfill, composting facility, or buy-back recycling center, or collect any form of solid waste in the city, without first satisfying all applicable city requirements for land use approval, franchises, permits, and any other approvals required under any local, state or federal law.
(Ord. 21-06 § 1, 2021)
A. 
Except for franchisee(s) and permittees, and except for self-haulers and persons described in subsections B—I below, it is unlawful for any person to engage in solid waste handling services within the city, and all persons currently engaging in solid waste handling services within the city shall cease such operations immediately upon receiving written notice from the city.
B. 
Actual Solid Waste Generators. The actual producers of solid waste and the owners of property upon which solid waste has accumulated may personally engage in solid waste handling services, but only as to the solid waste which they have actually produced or which has accumulated on their own property, and provided that they comply with the provisions of this chapter and with any other governing laws. Except in accordance with subsections C and D below, actual producers and property owners shall not allow any other person, except the city's solid waste collectors, to perform solid waste handling services for the solid waste which they have produced, which has accumulated on their property, or which they otherwise own or control.
C. 
Construction Contractors. The actual producers of C&D debris and the owners of property upon which C&D debris has accumulated may engage the contractor who produced all or a part of said C&D debris to perform solid waste handling services for all or part of the C&D debris generated during the construction project; provided, that all such contractors comply with the provisions of this chapter and with any other governing laws. Said actual producers and property owners shall not allow any other person, except for the city's solid waste collectors or the contractor described in this subsection, to perform solid waste handling services for the C&D debris which they have produced, which has accumulated on their property, or which they otherwise own or control.
D. 
Gardeners and Landscapers. Subject to Section 8.12.060, gardeners or landscapers may transport green waste or solid waste generated by their work, only if transported by their own employees in the gardener or landscaper's own vehicles to permitted facilities, without obtaining a solid waste collection permit.
E. 
Cleanup Services. Subject to Section 8.12.060, any person whose primary business is the cleanup of solid waste on the property of another and who, incidental to such business:
1. 
Hauls only the solid waste which he cleans up and no other solid waste;
2. 
Performs cleanup services such as removing junk from businesses, garages, and residential properties, but does not remove solid waste from C&D sites;
3. 
Uses his own vehicle to haul the solid waste which he cleans up;
4. 
Does not use a bin, roll-off box or other container, whether or not such bin, roll-off box, or container is left at the cleanup site, to accomplish the cleanup, collection, or transportation of the solid waste, may transport solid waste in accordance with this subsection without a permit or franchise; and
5. 
Does not use a commercial solid waste vehicle such as a front loader, side loader, rear loader, enddump truck or roll-off truck.
F. 
Compactor Lessors. Persons may lease stationary compactors, which are solid waste containers approximately 10 to 50 cubic yards in capacity with a trash compaction mechanism attached that pushes and compresses waste into the container, and that must be removed from the collection site for disposal, or compaction units that attach to smaller collection bins that are typically one to eight cubic yards, without obtaining a permit.
G. 
Non-Profit Charities. Non-profit charities registered with the attorney general of the state periodically accepting donations of recyclables may transport the recyclables, provided that the charity transport the recyclables to a recycling facility and that charity volunteers and employees comply with the provisions of this chapter and with any other governing laws.
H. 
Transport Only. Any person may haul solid waste generated and collected in other jurisdictions over city streets provided they comply with the provisions of this chapter and with any other governing laws, and provided further that they do not engage in any solid waste handling services within the city.
I. 
Document Destruction Companies. Companies whose primary purpose is the destruction of documents/records that, incidental to this purpose, collect paper and deliver such paper, after shredding/destruction, to a recycling facility, are not required to obtain a solid waste and recycling permit to transfer and recycle this material.
J. 
Emergencies. In the event of an emergency, including, but not limited to, the breakdown of equipment or other unforeseen or unpreventable circumstances, or where in the judgment of the city the particular situation justifies such action, the city may issue limited or temporary contracts to any person to perform solid waste handling services, subject to reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any person under this subsection for any period exceeding 15 days in duration shall be approved by the city council.
K. 
The city council may, at its election, waive any permit, license, franchise or other fee for selected categories of permittees or franchisees.
(Ord. 21-06 § 1, 2021)
Self-haulers that collect and transport materials pursuant to Section 8.12.050 shall:
A. 
Source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated onsite from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
B. 
Haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
C. 
Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:
1. 
Delivery receipts and weight tickets from the entity accepting the 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 self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
(Ord. 21-06 § 1, 2021)
Rates charged by franchisee(s) shall be as set forth in the schedule of rates and charges approved by the city. Permittees may set their own rates.
(Ord. 21-06 § 1, 2021)
In accordance with Division 30, Part 1, Chapter 1 of the Public Resources Code, Sections 40000 et seq. and other applicable laws, the city may levy fees within the city for solid waste purposes, including, but not limited to, implementation of an integrated waste reduction and recycling plan; inspection, auditing, review and planning for solid waste or household hazardous waste collection, transfer and disposal; planning related to responses to solid or hazardous waste releases and spills; and franchise fees as permitted by law. Such fees may include, but are not limited to, fees for the costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements, non-disposal facility elements and integrated waste reduction and recycling plans, and fees for the use and maintenance of public streets, highways, public rights-of-way, and other public property.
(Ord. 21-06 § 1, 2021)
A. 
In order to protect the public health, safety, and welfare and to prevent the spread of vectors, the owner, occupant, or other person responsible for any property or premises in the city shall arrange with a solid waste collector for the collection of solid waste, as set forth in this chapter.
B. 
It is unlawful for the person having control or possession of a property or premises in the city to fail or neglect to provide for the removal of solid waste. Each day's violation of this section shall be treated and considered as a separate and distinct offense.
C. 
Any unauthorized accumulation of solid waste on any property or premises is hereby declared a public nuisance and is hereby prohibited.
(Ord. 21-06 § 1, 2021)
A. 
Authority. The city manager and/or his or her designee shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers and code enforcement officers pursuant to the code.
B. 
Impounding of Containers. If a solid waste container is not properly identified as belonging to a city-approved solid waste collector, or if the terms of the permit, the franchise agreement, or of this chapter are not complied with, then the solid waste container shall be subject to removal and impound by order of the city manager or the city manager's designee pursuant to Section 8.12.640.
C. 
Civil Remedies. Nothing in this chapter shall be deemed to limit the right of a city 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 franchisee or the city.
(Ord. 21-07 § 1, 2021)
The franchise agreement will govern requirements placed on the franchisee(s) for services covered under the franchise. Where the franchise agreement is silent, the requirements applicable to permittees and other applicable requirements of this chapter will apply, including insurance, liability and bonding requirements, diversion requirements, and general collection issues. To provide services not covered under the franchise, the franchisee must obtain a permit and meet all requirements of this chapter.
(Ord. 21-07 § 1, 2021)
A. 
Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen and incorporated as part of the city's building code pursuant to Section 15.04.010 of this code, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply. Project applicants shall refer to the city's building code for complete CALGreen requirements.
B. 
For projects covered by CALGreen, the applicants must, as a condition of the city's permit approval, comply with the following:
1. 
Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen as amended, provided that amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
2. 
New commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen, as amended, provided that amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
3. 
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with the city's C&D regulations, Chapter 8.13 of this code, and all written and published policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(Ord. 21-06 § 1, 2021)
A. 
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 2.5(H)(2)(b), (c), (d), and (g) of the Landscape Water Efficiency Guidelines established pursuant to Chapter 13.05 of this code (incorporating 23 CCR Sections 492.6(a)(3)(B), (C), (D), and (G)), including sections related to the use of compost and mulch as delineated in this section.
B. 
Property owners or their building or landscape designers that meet the threshold for landscape water efficiency compliance outlined in subsection A above shall:
1. 
Comply with Sections 2.5(H)(2)(b), (c), (d), and (g) of the Landscape Water Efficiency Guidelines established pursuant to Chapter 13.05 of this code, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. 
For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
b. 
For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. 
Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2. 
The landscape water efficiency compliance items listed in this Section are not an inclusive list of the Chapter 13.05 requirements; therefore, property owners or their building or landscape designers that meet the threshold for landscape water efficiency compliance outlined in subsection A shall consult Chapter 13.05 and the full Landscape Water Efficiency Guidelines for all requirements.
C. 
If, after the adoption of the ordinance enacting this section, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) in a manner that requires the city to incorporate the requirements of an updated Model Water Efficiency Landscape Ordinance in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
(Ord. 21-06 § 1, 2021)
A. 
Except as otherwise provided in this chapter, violations of this chapter are punishable as infractions as set forth in Chapters 1.20 and/or 1.24 of this code, and the applicable requirements of 14 CCR section 18997.2. Notwithstanding the penalty amounts in Chapter 1.20, any person convicted of an offense under the provisions of this chapter shall be subject to punishment for a first conviction by a fine of not more than $50, for a second conviction within a period of one year by a fine of not more than $100, and for a third or any subsequent conviction within a period of one year by a fine of not more than $250.
B. 
Except for violations of contamination of collection container contents with prohibited container contaminants, which will be addressed through non-collection of containers and noticing by the collection contractor, and violations subject to immediate administrative citation, the city shall issue a notice to abate violations in accordance with Chapter 1.24 of this code requiring compliance within a maximum of 60 days of issuance of the notice. The city may extend the compliance deadlines set forth in a notice to abate violations if it finds that there are extenuating circumstances beyond the control of the noncompliant party that make compliance within the deadlines impracticable, as described in 14 CCR Section 18995.4 including the following:
1. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters,
2. 
Delays in obtaining discretionary permits or other government agency approvals; or
3. 
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
C. 
The city will conduct inspections, route reviews or waste evaluations and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if the city determines that an owner, responsible party, 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, it may provide educational materials to the entity describing its obligations under this chapter during calendar year 2022 and 2023 with a notice that compliance is required, rather than issuance a notice of violation and assessment of penalties, except that the city may assess criminal and administrative civil penalties in the event that the city prosecutor determines that prosecution is warranted to deter egregious conduct. Commencing January 1, 2024, violations shall be subject to penalties.
D. 
In addition, in the event any violation of this chapter constitutes an imminent danger to public health, safety or the environment, the city manager or any agent or person designated by the city manager, may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include, but is not limited to, circumstances created by a disposal of solid or hazardous waste where such disposal creates a significant and immediate threat to the public health or safety, or the environment.
E. 
Violations of this chapter are deemed public nuisances, which may be abated by administrative, civil, or criminal action in accordance with the terms and provisions of this code and state law. All costs and fees incurred by the city because of any violation of this chapter, which constitutes a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated, and a personal obligation against the owner. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording. The city attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises.
F. 
The city may utilize any and all other remedies as otherwise provided by Chapter 1.20, Chapter 1.24 of this code and California law to enforce the provisions of this chapter.
(Ord. 21-06 § 1, 2021)