A. 
The city council finds and determines that storage, accumulation, collection and disposal of solid waste and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect breeding, rat infestation and other problems affecting the health, welfare and safety of the residents of Buena Park and surrounding cities. The city council further declares that regulations provided in this chapter are designed to eliminate or alleviate such problems.
B. 
The council finds and determines that certain sections and subsections in this chapter are necessary and appropriate to implement the following provisions of California law:
1. 
State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
2. 
State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires local jurisdictions to implement a mandatory commercial recycling program.
3. 
State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling,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 local jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program.
4. 
SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CALRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including local jurisdictions, 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.
5. 
The Short-Lived Climate Pollutant Reduction Act of 2016 also requires local jurisdictions to adopt and enforce an ordinance or enforceable mechanism 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.
(Prior code § 15-1; Ord. 1224 § 2, 1988; Ord. 1702 § 2, 2022)
For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended:
"Blue container"
has the same meaning as in Title 14 of the California Code of Regulations Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.
"CALRecycle"
means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on local governments.
"California Code of Regulations" or "CCR"
means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"City"
means the city of Buena Park.
"City clerk"
means the city clerk of the city Buena Park.
"City manager"
means the city manager of the city of Buena Park or his/her designee.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food generator as defined in this section, or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
"Commercial business" or "commercial"
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
"Community composting"
means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4), or as otherwise defined by 14 CCR Section 18982(a)(8).
"Compliance review"
means a review of records by the city to determine compliance with this chapter.
"Compost"
has the same meaning as in 14 CCR Section 17896.2(a)(4), which states that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
"Compostable plastics" or "compostable plastic"
means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"Container contamination" or "contaminated container"
means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
"C&D"
means construction and demolition debris.
"Council"
means the city council of the city of Buena Park.
"Designated source separated organic waste facility",
as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
1. 
The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024 and seventy-five percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream.
2. 
If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in subsection (1) of this definition for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a designated source separated organic waste facility.
3. 
The facility is a composting operation or composting facility as defined in 14 CCR Section 18815.2(a)(13) that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
4. 
If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a designated source separated organic waste facility. For the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
"Designee"
means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
"Director"
means the city's public works director.
"Edible food"
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Excluded waste"
means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city's, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential unit or commercial business solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
"Food distributor"
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
"Food facility"
has the same meaning as in Section 113789 of the Health and Safety Code.
"Food recovery"
means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food recovery organization"
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. 
A food bank as defined in Section 113783 of the Health and Safety Code;
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 and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 8982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
"Food recovery service"
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food scraps"
means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
"Food service provider"
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper"
is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste"
means food scraps and food-soiled paper.
"Gray container"
has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.
"Gray container waste"
means solid waste that is collected in a gray container 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), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
"Green container"
has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
"Grocery store"
means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
"Hauler route"
means the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
"High diversion organic waste processing facility"
means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the mixed waste organic collection stream as defined in 14 CCR Section 17402(a)(11.5), or as otherwise defined in 14 CCR Section 18982(a)(33).
"Inspection"
means a site visit where 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, or as otherwise defined in 14 CCR Section 18982(a)(35).
"Large event"
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
"Large venue"
means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
"Local education agency"
means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Multifamily residential dwelling" or "multifamily"
means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"Non-compostable paper"
includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
"Non-local entity"
means the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
1. 
Special district(s) located within the boundaries of the city;
2. 
Federal facilities, if any, including military installations, located within the boundaries of the city;
3. 
Facilities operated by the state park system located within the boundaries of the city, if any;
4. 
Public universities (including community colleges) located within the boundaries of the city;
5. 
County fairgrounds located within the boundaries of the city;
6. 
State agencies located within the boundaries of the city, if any.
"Non-organic recyclables"
means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
"Notice of violation (NOV)"
means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
"Occupant"
means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residential unit or occupied commercial premises.
"Organic waste"
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
"Organic waste generator"
means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
"Paper products"
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
"Permit"
means written authority granted by the city to any person to collect solid waste, as evidenced by contract, franchise, certificate or other writing.
"Permittee"
means any solid waste collector authorized by the city council to collect solid waste within the city pursuant to this chapter.
"Person"
means any individual, firm, corporation, association, or group or combination acting as a unit.
"Printing and writing papers"
include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Prohibited container contaminants"
means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the 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 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.
"Recovered organic waste products"
means products made from California landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
"Recovery"
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
"Recyclable materials"
means paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, compostable yard waste (e.g., tree trimmings, grass clippings and other vegetative matter) or other materials which may be recycled for use in an altered form, that has been segregated from other solid waste and placed at a designated collection location for the purpose of collection and recycling.
"Recycled-content paper"
means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
"Regional agency"
means regional agency as defined in Public Resources Code Section 40181.
"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.
"Renewable gas"
means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
"Residential unit"
or residential means each place used for residential purposes, including the following but not restricted to: single-family dwellings; multifamily dwellings, apartments and/or condominiums containing fewer than five units, unless designed and approved by the city for individual collection, regardless of the number of units; townhouses; mobilehome parks and trailer courts, whether or not utilizing dumpster-type bins; and not including hospitals, convalescent homes, and commercial businesses.
"Restaurant"
means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
"Route review"
means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
"SB 1383"
means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 regulations" or "SB 1383 regulatory"
means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CALRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
"Self-hauler"
means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
"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.
"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 or other solid waste for the purposes of collection and processing.
"Source separated blue container organic waste"
means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).
"Source separated green container organic waste"
means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.
"Source separated recyclable materials"
means source separated non-organic recyclables and source separated blue container organic waste.
"State"
means the state of California.
"Streets"
means the public streets, ways and alleys, except state freeways, as the same now or may hereafter exist within the city.
"Supermarket"
means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Supermarket.
2. 
Grocery store with a total facility size equal to or greater than ten thousand square feet.
3. 
Food service provider.
4. 
Food distributor.
5. 
Wholesale food vendor.
6. 
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
2. 
Hotel with an on-site food facility and two hundred or more rooms.
3. 
Health facility with an on-site food facility and one hundred or more beds.
4. 
Large venue.
5. 
Large event.
6. 
A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.
7. 
A local education agency facility with an on-site food facility.
8. 
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
"Truck"
means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting solid waste or to haul or transport solid waste.
"Wholesale food vendor"
means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
(Prior code § 15-2; Ord. 1224 § 2, 1988; Ord. 1482 § 1, 2006; Ord. 1702 § 3, 2022)
A. 
Pursuant to Section 40059 of the California Public Resources Code, as amended from time to time, or any successor provision or provisions thereto, the council shall have the authority to issue exclusive permits for the collection and disposal of solid waste, as provided for in this chapter, and may, as a condition for issuing such permits, require a bond from the permittee in an amount determined by the city council to insure the faithful performance of such collection and disposal service in accordance with this chapter and the terms and conditions imposed by the council.
B. 
In the event that any permittee shall fail or refuse to conform to the conditions of the permit or this chapter, the council, at its option and after a hearing called upon at least ten days' written notice to the permittee, may revoke such permit. In issuing permits for solid waste collection and disposal, the council shall not be required to issue the same based upon the offer of lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the terms of this chapter and such other terms and conditions imposed by council.
(Prior code § 15-3; Ord. 1224 § 2, 1988; Amended during 1990 codification; Ord. 1702 § 4, 2022)
A. 
The council determines that the disposal and/or collection of solid waste is a service to be performed in the city in accordance with the provisions of this chapter. The city may from time to time issue permits to those parties meeting the criteria of this chapter and such other standards as may be established by resolution of the city council regarding the collection of solid waste from residential and commercial units. So long as any such permit remains in force, collection of material provided for herein may be made only in accordance with the terms and conditions thereof.
B. 
Fees and charges for such collection, removal and disposal services shall be those which the council may from time to time hereafter approve by resolution. No person shall engage in the business of collecting, removing or disposing of any solid waste, including hazardous wastes or other excluded waste, within the city from any residential unit or commercial business, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the council and such person complies with the provisions of this chapter and any other regulations which have been adopted pursuant to this chapter.
(Prior code § 15-4; Ord. 1224 § 2, 1988; Ord. 1702 § 5, 2022)
No person shall collect or transport solid waste within the city unless such person is a permittee, as defined in this chapter, or is exempt in accordance with subsections A through E of this section. No person shall permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste from any residential unit or commercial business with any person who is not a permittee as herein defined except as permitted in subsections A through E of this section.
A. 
The collection and removal of grass clippings and shrubbery by individual residents and by individuals doing business as professional landscapers, when the collection is directly related to their work, shall be exempt from the solid waste permit system.
B. 
A permittee shall not be required to collect hazardous or other excluded waste materials as part of its regular collection activity. Liquid and dry caustics, acids, biohazardous, flammable and explosive materials, insecticides, and similar excluded waste substances shall not be deposited in collection containers. Any person collecting such substances shall, in addition to any requirements of state law, obtain a permit therefor pursuant to the provisions of this chapter.
C. 
Infectious medical waste (as defined in California Health and Safety Code Section 25117.5, as amended from time to time, or any successor provision or provisions thereto) shall not be collected by a permittee as part of its regular collection activity. Anyone producing such wastes shall store, handle and dispose of such materials only in the manner approved by the county health officer or designated deputy, and in accordance with the California Health and Safety Code. Disposal of infectious medical waste or other excluded waste shall be conducted pursuant to a permit issued under this chapter in addition to any requirements imposed by state law.
D. 
The collection and removal of recyclable material, including, but not limited to, organic waste and other nonorganic recyclables, that are source separated either for reuse or for the manufacture of new products shall not be exempt from the solid waste permit system; however, such activities may be the subject of a separate permit at the discretion of the council.
E. 
The removal and disposal of solid waste from a residential unit by the occupant or owner thereof shall be exempt from the solid waste permit system, subject to the self-hauling provisions of this chapter.
(Prior code § 15-5; Ord. 1224 § 2, 1988; Ord. 1702 § 6, 2022)
Excepting existing rights that the city reserves to itself, or as otherwise provided in this chapter, persons to whom the city may issue a permit and the agents, servants and employees of any such person, while the permit is in effect, shall have the exclusive right to gather, collect and remove solid waste material from premises within the city subject to such terms and conditions as the council may apply to the issuance of such permit.
(Prior code § 15-6; Ord. 1224 § 2, 1988; Ord. 1702 § 7, 2022)
In emergencies, such as the breakdown of equipment, or other unforeseen or unpreventable circumstances where, in the judgment of the city manager, the particular situation justifies such action, the city manager may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this chapter, subject to such 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 private persons or corporations under this section for any period exceeding fifteen days' duration shall be approved by the council.
(Prior code § 15-7; Ord. 1224 § 2, 1988)
All collections from residential areas and areas immediately adjacent to residential areas shall be made between the hours of seven a.m. and seven p.m.; collections from commercial and industrial locations may start at six a.m.; provided, however, that the peace and quiet of residential neighborhoods is not disrupted. The director may require a permittee to change hours of operation in commercial and industrial areas if disruption of residential neighborhoods occurs.
(Prior code § 15-8; Ord. 1224 § 2, 1988)
Permittees shall exercise all reasonable care and diligence in collecting solid waste so as to prevent spilling, scattering or dropping solid waste, and shall immediately, at the time of occurrence, clean up any such spillage.
(Prior code § 15-9; Ord. 1224 § 2, 1988; Ord. 1702 § 8, 2022)
The permittee shall provide each residential unit and commercial premises utilizing curbside collection services with a minimum of: one wheeled blue container for the storage and collection of source separated recyclable materials or source separated blue container organic waste; one wheeled green container for the storage and collection source separated organic waste; and one wheeled gray container for the storage and collection of gray container waste. Each of the foregoing containers shall be approximately ninety-five gallons in capacity. The permittee shall also offer smaller wheeled containers of approximately sixty-five gallons at the same rate and type as the ninety-five gallon containers. It shall be the duty of every tenant, lessee or occupant of any residential unit or commercial premises, to keep the exterior of such containers, including covers, clean from accumulated grease or decomposing materials. Containers shall be kept and maintained only in storage locations permitted by the Buena Park Zoning Ordinance, as the same presently exists or as may be amended from time to time, or as specified by use permit or other entitlement for use.
(Prior code § 15-10; Ord. 1224 § 2, 1988; Ord. 1482 § 2, 2006; Ord. 1702 § 9, 2022)
A. 
It shall be the duty of every person having charge and control of any residential unit or commercial premises to set out or place the wheeled containers for the collection, source separation, and disposal of solid waste as set forth in this chapter.
B. 
All solid waste shall be source separated and deposited into the appropriate green, blue, or gray container. If all solid waste which would normally accumulate between collections cannot be contained in the appropriate container, it shall be the duty of the person having charge and control of any residential unit or commercial premises to obtain additional wheeled containers from the permittee at the approved rate.
Containers for the purpose of reception and removal of solid waste shall be placed in the street in such a manner that the wheels of the container are positioned in front of the curb in front of the dwelling or commercial premises, or the alley in the rear of each dwelling or commercial premises. Branches, tree limbs or other similar debris that are too large or heavy to fit into the organic waste green containers shall be tied with sturdy twine in bundles not exceeding four feet in length nor eighteen inches in diameter and shall be placed next to green containers behind the curb.
C. 
Where alleys having access to streets at each end exist in the rear of commercial premises, the containers shall be placed in such alleys. The permittee may designate some other location for the placement of containers and receptacles when such placement will expedite collection, and is approved by the director.
D. 
Where a permittee, under this chapter provides containers for solid waste, all solid waste and recyclables must be placed only in the containers provided by the permittee. Containers provided by the permittee are the sole property of the permittee and may not be removed from the premises for which they are provided. Permittee shall be responsible for normal wear and tear of such containers. Costs to repair damages beyond ordinary wear and tear shall be borne by the resident or occupant, and costs for additional containers shall be borne by the resident or occupant. All costs shall be as set out in the rates approved by the city council.
(Prior code § 15-11; Ord. 1224 § 2, 1988; Ord. 1482 § 3, 2006; Ord. 1702 § 10, 2022)
Every person having charge and control of any residential unit or premises shall comply with the following:
A. 
Subscribe to the city's three-container collection services and comply with requirements of those services as described below in subsection B. The city shall have the right to review the number and size of a residential 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 residential generators shall adjust their service levels for waste collection services as requested by the city. Residential generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on the premises, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B. 
Participate in the city's three-container collection services for the collection and source separation of organic waste and recyclable by placing designated materials in the designated containers as follows:
1. 
Source separated green container organic waste, including food waste, shall be placed in the green container;
2. 
Source separated recyclable materials shall be placed in the blue container; and
3. 
Gray container waste shall be placed in the gray container.
4. 
No person shall place materials designated for the gray container into the green container or blue container, and no person shall place prohibited container contaminants in any collection container.
(Ord. 1702 § 11, 2022)
Every person having charge and control of any commercial business or premises shall comply with the following:
A. 
Subscribe to the city's three-, three-plus container collection services and comply with requirements of those services as described below in subsection B, with the exception of commercial businesses that meet the self-hauler requirements 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 collection services as requested by the city.
B. 
Except commercial businesses that meet the self-hauler requirements in this chapter, participate in the city's three- and three-plus container collection service by placing designated materials in the designated containers as follows:
1. 
Source separated green container organic waste, including food waste, shall be placed in the green container;
2. 
Source separated recyclable materials shall be placed in the blue container; and
3. 
Gray container waste shall be placed in the gray container.
4. 
No person shall place materials designated for the gray container into the green container or blue container.
C. 
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) below) for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with the self-hauling provisions of this chapter.
D. 
Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1. 
A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or
2. 
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
E. 
Excluding multifamily residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service; or, if self-hauling, per the commercial business's instructions to support its compliance with the self-haul provisions of this chapter.
F. 
Excluding multifamily residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
G. 
Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
H. 
Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste, when applicable, and the location of containers and the rules governing their use at each property.
I. 
Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 8.12.370 of this chapter to confirm compliance with the requirements of this chapter.
J. 
Accommodate and cooperate with the city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate the commercial generator's compliance with subsection (D)(2) of this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
K. 
At the option of a commercial business and subject to approval from the director, 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 director.
L. 
If a commercial business desires to self-haul, meet the self-hauler requirements of this chapter.
M. 
Nothing in this section prohibits a commercial generator from preventing or reducing waste generation, managing organic waste on the premises, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
N. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of this chapter.
O. 
Waivers for Commercial Waste Generators.
1. 
De Minimis Waivers. The city may waive a commercial business's obligation (including multifamily residential dwellings) 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) or (b) below. Commercial businesses requesting a de minimis waiver shall submit an application specifying the services for which they are requesting a waiver with supporting documentation showing that either:
a. 
The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty 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 waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business's total waste.
A commercial business that has been issued a waiver pursuant to this section shall: promptly notify the city if circumstances change such that commercial business's organic waste exceeds the thresholds established for a waiver, in which case waiver will be rescinded; and provide renewed written verification of eligibility for a de minimis waiver every five years.
2. 
Physical Space Waivers. The city may waive a commercial business's or commercial property owner's obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements of this chapter if the city has evidence from its staff, a hauler, licensed architect, or licensed engineer demonstrating that the subject premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of subsection D of this section. A commercial business or commercial property owner may submit an application specifying the types of collection services for which they are requesting a waiver and provide supporting documentation showing that either that the premises lacks adequate space for blue containers and/or green containers, including supporting documentation from a hauler, licensed architect, or licensed engineer. A commercial business or property owner that receives a physical space waiver pursuant to this section shall provide renewed written verification of eligibility every five years.
3. 
Review and Approval of Waivers by City. The city manager, or the city manager's designee, shall be responsible for reviewing and making a determination on any application for a waiver submitted to the city for approval, and such determination shall be final.
(Ord. 1702 § 13, 2022)
A. 
Tier One Commercial Edible Food Generators. Tier one commercial edible food generators shall comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators shall comply with this section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. 
Large Venue or Large Event Operators. Large venue or large event operators not providing food services, but allowing 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. 
Requirements. Commercial edible food generators shall comply with all of the following:
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. 
Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. 
Allow the 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, or as otherwise specified in 14 CCR Section 18991.4:
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).
b. 
A copy of all contracts or written agreements 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. 
No later than July 1, 2022 for tier one commercial edible food generators, and no later than July 1, 2024 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information:
a. 
All records required in subsection (C)(5)(c) above; and
b. 
The amount and type of edible food that was not accepted by food recovery organizations or services for donation.
D. 
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 share table 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. 1702 § 14, 2022)
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 may be specified by 14 CCR Section 18991.5(a)(1):
1. 
The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
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 established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. 
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
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 receives edible food from for food recovery.
C. 
Food recovery organizations and food recovery services shall inform generators about California and federal Good Samaritan Food Donation Act protections in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
D. 
Commencing as of January 1, 2022, and annually thereafter, 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 pursuant to 14 CCR Section 18991.3(b) 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 they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
E. 
In order to support edible food recovery capacity planning assessments or other studies conducted by the city, or its designated entity, 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 commercial edible food generators within its jurisdiction. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty days unless a shorter reasonable timeframe is otherwise specified by the city.
(Ord. 1702 § 15, 2022)
A. 
Requirements for Haulers. Permittees or waste haulers providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet all of the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
1. 
Through written notice to the city annually on or before January 1 of each calendar year identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated green container organic waste;
2. 
Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and
3. 
Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and provisions of this code regarding C&D.
4. 
Permitted hauler authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with city.
B. 
Requirements for Facility Operators. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city's 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 sixty days.
C. 
Requirements for Community Composting Operations. Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days unless a shorter reasonable timeframe is otherwise specified by the city.
(Ord. 1702 § 16, 2022)
A. 
Self-haulers shall source separate all recyclable materials and organic waste generated on site from other 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. 
Self-haulers shall 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.
D. 
Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection C of this section to the city.
E. 
A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsection C or D of this section.
(Ord. 1702 § 16, 2022)
A. 
Except as expressly authorized by this chapter, no person other than a permittee may place a bin, container, dumpster or other solid waste receptacle for collection upon public or private property within the city. This section shall not apply to any person or business exempt from the requirement to obtain a permit pursuant to Section 8.12.050, or otherwise exempt by law from the provisions of this section, or any person or business lawfully engaged in self-hauling of recyclables or other solid waste owned by the self-hauler, provided written notice of such authority is clearly posted on the receptacle, or the owner thereof otherwise provides evidence of such authority satisfactory to the city. Nothing in this section shall excuse any person or business from complying with any and all waste reporting requirements of the city. All receptacles in use in the city, except the containers provided to residential or commercial premises by the permittee for use in collecting, storing and moving solid waste to curbside for collection, shall be identified with the name, address and telephone number of the owner or solid waste collection company utilizing or servicing the receptacle.
B. 
The city is authorized to provide written notice to any person or business violating this section stating that the prompt and permanent removal of such receptacle from its location within the city is required, or the receptacle will be impounded. The city shall provide such written notice by posting a copy of the notice prominently on the receptacle. If the receptacle is identified with the name and telephone number of the owner, the city shall endeavor to contact such owner by telephone. However, failure to provide such telephonic notification shall not invalidate the written notice or otherwise impair the city's authority to enforce this section.
C. 
The city may impound, or cause to be impounded, any receptacle in violation of this section if the same is not permanently removed from its location within the time set forth in the notice, which time shall not be less than twenty-four hours after posting of the notice, or not less than six business hours after telephonic notification, if such notification is provided. If the receptacle is located on city property, or is located on private property and constitutes an immediate safety hazard, then the city shall be authorized to immediately remove and impound the same without prior notice. If removed without prior notice, the owner, if identifiable, shall be sent written notice, and a reasonable attempt shall be made to provide telephonic notice of the impoundment if the receptacle contains the owner's telephone number. Failure to provide telephonic notice shall not affect the validity of any impoundment. For purposes of this section, "business hours" means the hours of seven a.m. to five-thirty p.m., Monday through Friday, and Saturday seven a.m. to three p.m. Any person who violates subsection A of this section shall be liable to the city for all impound fees and charges established by resolution of the city council and levied in connection with the collection, transportation, storage, handling, and disposal of the contents, of such receptacle by the city or its agent. In the event the receptacle contents are determined to include any waste or materials requiring disposal outside of the city's normal solid waste landfill, including, but not limited to, waste identified by the State Department of Toxic Substances Control as hazardous or extremely hazardous pursuant to California Health and Safety Code Section 25141, or successor provision thereto (collectively, hazardous waste), then, to the extent permitted by law, the owner and any lessor of the receptacle, and persons and entities depositing the hazardous waste into the receptacle, if known, shall each be deemed to be a generator of the hazardous waste for the purposes of any state or federal law pertaining to the transportation, handling and/or disposal of such hazardous waste. In addition to any and all other applicable civil and/or criminal penalties, each person and entity identified herein as a generator of the hazardous waste shall be jointly and severally liable for all costs of transportation, handling and lawful disposal thereof, and shall indemnify, defend and hold the city and its elected officials, officers and employees free and harmless from any and all claims, actions and liabilities arising out of the deposit into the receptacle, and transportation, handling and lawful disposal, of the hazardous waste.
D. 
Each impounded receptacle shall be retrieved by the owner or representative thereof immediately after all impound fees and charges have been paid. The city manager may delegate to a permittee, in writing, the authority to impound and/or store unauthorized receptacles, in accordance with the provisions of this section, and to collect the impound fees and charges, as approved by the city. Any such impounding by a permittee from private property may only occur under the direct supervision of a city employee or official.
E. 
Unless a longer or shorter retention period is required by law, then if an impounded receptacle is not claimed within thirty-five days after removal and notice to the owner, or thirty days after removal if the identity of the owner is unknown, the receptacle and its contents shall be deemed abandoned property and may be disposed of in any manner authorized by law.
F. 
Upon posting of a written notice of violation on an unauthorized receptacle, it is unlawful for any person to place any solid waste or recyclables therein.
(Ord. 1528 § 1, 2008; Ord. 1702 § 18, 2022)
A. 
No person shall place, or cause to be placed, any solid waste or container or receptacle for solid waste in any public highway or in any place or in any manner other than hereinabove provided, or at any time other than the days established by the city for the collection of such solid waste on the particular route involved, earlier than sunset of the day preceding the day designated for collection, and all containers shall be removed from the place of collection prior to ten p.m. of the day the containers have been emptied.
B. 
It shall be the duty of the occupants of residential, commercial and industrial premises to maintain the containers for the accumulation and disposal of solid waste. All containers used for the reception, removal and disposal of solid waste should be water-tight, constructed of a material of suitable strength and durability, shall be tight-seamed and provided with handles and tight-fitting lid or cover, which lid shall be and remain affixed to the container at such time as the solid waste is placed within the container. Noncombustible solid waste may be deposited in well-constructed containers having a capacity not in excess of ninety-six gallons each (residential) and which, when filled, do not collectively exceed a weight of one hundred fifty pounds. No person shall fill any container with solid waste above the top of the container to such extent as to permit the contents of any container to be blown or otherwise strewn about. Paper bags and cardboard containers shall not be used as containers for the disposal of solid waste.
C. 
Tree limbs, trunks, hedge cuttings, brush and lumber shall not exceed four feet in length. In commercial and business zones, containers shall be metal lined, leak proof, constructed of noncombustible materials, provided with an impervious lid, and approved by the fire department or its representative as providing adequate protection against fire hazard.
D. 
Each owner, occupant, tenant or lessee of a residential unit or commercial premises shall maintain the same in a sanitary condition. If the containers should not be emptied and the contents removed on the date and time scheduled by the permittee, they should immediately notify the permittee or the city, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal of the solid waste.
E. 
Solid waste which exceeds the limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval of above-mentioned occupant of the premises and subject to any requirements set forth in the permit.
F. 
No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the city, or a permittee's agents or employees authorized for such purposes, shall tamper or meddle with any solid waste container or the contents thereof, or remove the contents of any container, or remove any container from the location where the same shall have been placed by the owner thereof or owner's agent.
(Prior code § 15-12; Ord. 1224 § 2, 1988; Ord. 1702 § 19, 2022)
Pursuant to California Code of Regulations, Title 14, Chapter 17.331H, all solid waste created, produced or accumulated in or about a residential unit or commercial premises in the city shall be removed at least once each week. No person who is the occupant of any of the above-described premises shall fail or neglect to provide for the removal of solid waste at least as often as prescribed in this section.
(Prior code § 15-13; Ord. 1224 § 2, 1988; amended during 1990 codification; Ord. 1702 § 20, 2022)
The permittee shall dispose of collected wastes, at permittee's expense, at a city-directed landfill or transfer station, or other suitable site, in a manner satisfactory to the city and in accordance with all state and local laws and regulations.
(Prior code § 15-14; Ord. 1224 § 2, 1988; Ord. 1702 § 21, 2022)
A. 
The removal of wearing apparel, bedding or other solid waste from residential units or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the county health officer, and such solid waste shall neither be placed in containers nor left for regular collection and disposal.
B. 
Highly flammable or explosive or radioactive solid waste shall not be placed in containers for regular collection and disposal, but shall be removed under the supervision of the city at the expense of the owner or possessor of the material.
C. 
Solid waste containing water or other liquids shall be drained before being placed in a container. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container.
D. 
No battery acid, poisonous, caustic or toxic material, or any other substance capable of damaging clothing or causing injury to the person shall be mixed or placed with any which is to be collected, removed or disposed of by a permittee. Such items shall be removed at the occupant's expense only after arrangements have been made with the permittee or city for such removal.
E. 
Excluded waste, as defined in this chapter, shall not be placed in containers for regular collection and disposal, but shall be removed at the occupant's expense.
(Prior code § 15-15; Ord. 1224 § 2, 1988; Ord. 1702 § 22, 2022)
No person shall burn, bury or dump solid waste within the city at any time, unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the council, and/or the fire department.
(Prior code § 15-16; Ord. 1224 § 2, 1988; Ord. 1702 § 23, 2022)
Pursuant to California Code of Regulations, Title 14, Chapter 3, Section 17.331H, no person shall store or accumulate any solid waste or miscellaneous debris in any container or at any location other than as hereinabove set forth, or for any length of time in excess of:
A. 
This period of time which ends in any week in which a holiday occurs is extended one additional day.
(Prior code § 15-17; Ord. 1224 § 2, 1988; amended during 1990 codification; Ord. 1702 § 24, 2022)
Any persons who desire to operate privately owned solid waste vehicles under provisions of this chapter shall utilize vehicles which are reasonably watertight and are provided with a tight cover to the reasonable satisfaction of the director. The city manager or designee shall require the permittee to remove from service or repair those vehicles that allow or permit offensive odors to escape and/or refuse to be blown, dropped or spilled therefrom.
(Prior code § 15-18; Ord. 1224 § 2, 1988; Ord. 1702 § 25, 2022)
A. 
No person, between the hours of eight p.m. and five a.m., shall leave a solid waste collection truck parked on any city street.
B. 
No person, between the hours of five a.m. and eight p.m., shall leave a solid waste collection truck parked on any city street for more than one hour unless the city manager or designee is notified that a breakdown or emergency exists.
(Prior code § 15-19; Ord. 1224 § 2, 1988; Ord. 1702 § 26, 2022)
A. 
Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance, and an identification card with the name of whom to telephone in case of an accident or emergency.
B. 
Each truck shall also be equipped with a five pound fire extinguisher certified by the California State Fire Marshal and recharged as needed, but not less than once annually.
(Prior code § 15-20; Ord. 1224 § 2, 1988; Ord. 1702 § 27, 2022)
A. 
All trucks used for solid waste collection within the city shall be required to be completely enclosed with a nonabsorbent cover while transporting solid waste in or through the city. "Completely enclosed with a nonabsorbent cover" means that solid waste shall not be visible from the street, nor shall any of the substances be permitted to leak, spill or become deposited along the public streets.
B. 
All trucks used in the course of solid waste collection shall be painted colors approved by the city manager or designee, and identified by truck numerals, a company logo, and local telephone number. Those trucks shall be kept clean and in good repair at all times.
C. 
All trucks shall be maintained in good and safe mechanical condition.
(Prior code § 15-21; Ord. 1224 § 2, 1988; Ord. 1702 § 28, 2022)
A. 
Each of any permittee's trucks shall be made available for inspection at the discretion of the city manager or designee at any point of operation.
B. 
A decal may be issued by the city for each truck complying with provisions of this chapter which shall be placed on the truck in a conspicuous place.
(Prior code § 15-22; Ord. 1224 § 2, 1988; Ord. 1702 § 29 2022)
Each permittee must maintain a local telephone number which shall be staffed for personal contact between eight a.m. and five p.m. on normal working days, and at all other times with some type of mechanism for the purpose of taking messages.
(Prior code § 15-23; Ord. 1224 § 2, 1988; Ord. 1702 § 30, 2022)
Each permittee must provide high-quality service by industry standards, and supply competent, qualified, identifiable and uniformed personnel who serve the residents of Buena Park in a courteous, helpful and impartial manner.
A. 
The city may, at its option, require fingerprinting of the permittee's employees whose service will cause them to enter onto or work in close proximity to private property.
B. 
The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor.
C. 
Any employee driving the permittee's solid waste trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the state of California.
D. 
The permittee's employees shall be required to wear clean, identifiable uniforms when engaged in solid waste collection service within the city.
(Prior code § 15-24; Ord. 1224 § 2, 1988; Ord. 1702 § 31, 2022)
A. 
Procedure and Required Information. A permittee must file a letter with the city manager or designee containing the following information:
1. 
Name and description of the permittee;
2. 
Permanent business address and address of local office of the permittee;
3. 
Trade and firm name;
4. 
If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses;
5. 
Facts indicating that the permittee has arranged for solid waste disposal in an area where the same may be legally accepted and disposed of as directed by the city;
6. 
Desired solid waste collection area to be served;
7. 
Facts indicating that the permittee is qualified to render efficient solid waste collection service;
8. 
Facts indicating that trucks and equipment conform to all applicable provisions of this chapter;
9. 
Satisfactory evidence that the permittee has been in existence as a going concern for in excess of five years and possesses not less than five years actual operating experience as a going concern in residential and/or commercial solid waste collection and disposal;
10. 
Satisfactory evidence that permittee's experience as a going concern in residential and/or commercial solid waste collection and disposal derives from operations of comparable size to that contemplated by the permittee; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served;
11. 
Evidence that the permittee is in good standing in the state of California and, in the case of a corporation organized under the laws of any other state, evidence that permittee is licensed to do business in the state of California;
12. 
A detailed inventory of the permittee's equipment available for use in the solid waste collection area;
13. 
A written statement that permittee has complied with or is capable of complying with all regulations imposed by the county of Orange and the state of California for the collection and disposal of solid wastes;
14. 
Facts indicating that the applicant owns, or has under his or her control, in good mechanical condition, sufficient equipment to conduct the business of solid waste collection adequately if granted a permit, and that the applicant owns or has access to suitable facilities for maintaining his or her equipment in a clean and sanitary condition;
15. 
Satisfactory evidence that the issuance of a permit is in the public interest and convenience in that there is an available market for solid waste collection which can be legally served by the applicant;
16. 
Such other pertinent facts or information as the city manager may require, including evidence of state certification, if applicable; and
17. 
Any of the above provisions in conflict with certification requirements imposed by state law shall not be required.
B. 
Fees and Requirements for Permit.
1. 
Upon consideration of the information contained in the above-mentioned letter and following a public hearing conducted by the city council upon at least ten days' prior written notice to the applicant, the city council may issue a permit.
2. 
Each permit granted shall apply to solid waste collection for an area of the city specified therein or, in the case of hazardous waste, infectious medical waste, excluded waste, organic waste, non-organic recyclable materials, or recycling-type operations, specified commercial premises, and may be exclusive.
3. 
A fee for processing permit applications shall be set by resolution of the city council.
C. 
Bonding of Permittee. Before granting a permit under the provisions of this chapter, the council shall require the permittee as a condition to the permit, to post with the city clerk a cash bond or surety bond in an amount determined by the council and furnished by a corporate surety authorized to do business in the state of California, payable to the city of Buena Park. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof.
D. 
Indemnification by Permittee. As a condition of the city issuing a permit, the permittee shall agree to appear and defend all actions against the city arising out of the exercise of such permit, and shall indemnify and save the city, its officers, elected officials, employees and agents harmless from all claims, demands, actions or causes of actions of every kind and description, and any and all related attorneys' fees and court costs resulting directly or indirectly, arising out of, or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee or agent of permittee.
E. 
Liability Insurance. The permittee shall obtain and keep in force during the term of the permit public liability and bodily injury insurance in amounts determined by the city council, and workers' compensation insurance covering all employees of the permittee. Copies of such policies shall be filed with the city clerk prior to the commencement of activities authorized by the permit. The city and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies. All such policies shall contain at a minimum a provision requiring a thirty-day notice to be given to the city prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the council.
F. 
Compliance with Local and California Laws and Regulations. The permittee must agree to perform the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the city and applicable laws and regulations of the county of Orange and state of California, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof.
(Prior code § 15-25; Ord. 1224 § 2, 1988; amended during 1990 codification; Ord. 1702 § 32, 2022)
A. 
Fees. Any permit issued pursuant to this chapter shall provide for the payment of permit fees to the city, shall contain additional provisions agreed to by and between the city and permittee, and shall constitute a written agreement of said parties.
B. 
Assignment or Transfer of Permit. No assignment or transfer of a permit pursuant to this chapter or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the council. In the event any assignment or transfer is authorized by the council, the assignee shall assume the liability and all other obligations of the permittee. Each permittee shall file, on or before July 1 of each calendar year, with the city manager or designee, a statement of ownership, and shall verify the same as being true and correct under penalty of perjury.
C. 
Revocation.
1. 
A permit may be revoked at the option of the council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained in writing from the council. If it is determined by the city manager or designee that the permittee has not complied with the provisions of this chapter, the permit, and all other applicable statutes, ordinances, rules and regulations, the city manager or designee shall notify the permittee in writing of noncompliance and shall order compliance within thirty days.
2. 
If noncompliance is not corrected within the above-prescribed thirty-day period, the council, following a public hearing upon at least ten days' written notice to the permittee, may terminate the permit.
(Prior code § 15-26; Ord. 1224 § 2, 1988; Ord. 1702 § 33, 2022)
A. 
Collection Charge. A charge for the collection of solid waste shall be imposed on the owner or occupant of each residential unit or commercial premises to which solid waste collection service is made available. The amount of such charges shall be fixed and changed from time to time and shall be collected at such time and in such manner as prescribed by resolution of the city council. The charge so fixed shall be a civil debt due and owing to the city or permittee from the owner or occupant of the residential unit or commercial premises to which the collection service is made available. The city council hereby specifically finds and determines that the periodic collection of solid waste from all residential units and commercial premises benefits all occupants and residents of the city, provides for the health, safety and welfare of all persons in the city and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owners or occupants avail themselves of such collection service.
B. 
Rate Adjustments. All revisions in charges levied must be submitted to the city council for review and action and must be approved by resolution of the city council following a public hearing upon at least ten days' written notice to the permittee.
(Prior code § 15-27; Ord. 1224 § 2, 1988; Ord. 1702 § 34, 2022)
The city specifically retains the right to repeal, amend, add to or modify each and every provision of this chapter.
(Prior code § 15-28; Ord. 1224 § 2, 1988; Ord. 1702 § 35, 2022)
The city, subject to all applicable state laws, specifically retains the right to grant a franchise or franchises for the collection of solid waste, garbage from any residential unit or commercial premises.
(Prior code § 15-29; Ord. 1224 § 2, 1988; Ord. 1702 § 36, 2022)
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 organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, permittees, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Section 8.12.120 of this chapter.
B. 
Regulated entity 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; (2) installation and operation of remote monitoring equipment; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
C. 
Any records obtained by a city during its inspections, remote monitoring, 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, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. 
The 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. 1702 § 37, 2022)
A. 
It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Except for those violations specified in subsection B of this section, any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000 or by imprisonment not exceeding six months, or by both such fine and imprisonment.
B. 
Any person, firm, partnership or corporation violating any provision Section 8.12.120, Section 8.12.130, Section 8.12.140, Section 8.12.150, Section 8.12.160, Section 8.12.170, or Section 8.12.370 of this chapter shall be punished 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.
C. 
Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.
D. 
Nothing in this section shall be construed as preventing the city from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements outside the scope of this chapter in addition to the imposition of penalties authorized under this section.
(Prior code § 15-30; Ord. 1224 § 2, 1988; Ord. 1702 § 38, 2022; Ord. 1729, 11/14/2023)
A. 
The violation of any of the provisions of this chapter 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. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
B. 
The prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance pursuant to this section shall be entitled to its reasonable attorneys' fees if: (1) the city elected to seek recovery of its own attorneys' fees at the initiation of the action, administrative proceeding, or special proceeding; and (2) the award of attorneys' fees does not exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
(Prior code § 15-31; Ord. 1224 § 2, 1988; Ord. 1518 § 9, 2008; Ord. 1702 § 39, 2022)
The city council declares that, should any provision, section, paragraph, sentence or word of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter shall remain in full force and effect.
(Prior code § 15-32; Ord. 1224 § 2, 1988; Ord. 1702 § 40, 2022)