As used in this chapter:
"Agreement"
means any contract or franchise agreement for solid waste
services approved by the City Council.
"Blue container"
has the same meaning as in 14 CCR § 18982.2(a)(5) and
shall be used for the purpose of stor-age and collection of Source
Separated Recyclable Materials or Source Separated Blue Container
Waste.
"Brown container"
refers to the Container used solely for the storage and collection
of Source Separated Food Waste.
"Bulky items"
includes objects of furniture, household or industrial appliances,
shipping crates and containers and other large bulky or heavy objects
not normally discarded on a regular basis by City residences, commercial
or industrial establishments.
"CCR"
means the California Code of Regulations.
"CalRecycle"
means the California Department of Resources Recycling and
Recovery.
"City"
means the City of Palm Springs California.
"City Council"
means the City Council of the City of Palm Springs, California.
"City Manager"
means the City Manager of the City of Palm Springs or his
or her designee.
"Collection"
means the act of collecting Solid Waste, Recyclables, or
Organic Waste at or near the place of generation or accumulation.
"Commercial Edible Food Generator"
includes a Tier One or a Tier Two Commercial Edible Food
Generator as defined in this chapter or as otherwise defined in 14
CCR § 18982(a)(73) and (a)(74).
"Commercial solid waste"
means all solid wastes generated by a store, office, or other
commercial or public entity source, including a business as defined
in this chapter or a multiple-family residential dwelling.
"Community composting"
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on-site
at any one time does not exceed 100 cubic yards and 750 square feet,
as specified in 14 CCR § 17855(a)(4); or, as otherwise defined
by 14 CCR § 18982(a)(8).
"Compliance review"
means a review of records by the City to determine compliance
with this chapter.
"Compostable materials handling facility"
means an operation or facility that processes, transfers,
or stores compostable material. Handling of compostable materials
results in controlled biological decomposition. Handling includes
composting, screening, chipping and grinding, and storage activities
related to the production of compost, compost feedstocks, and chipped
and ground materials. "Compostable Materials Handling Operation or
Facility" does not include activities excluded from regulation in
14 CCR § 17855. "Compostable Materials Handling Facility" also
includes:
(1)
agricultural material composting operations;
(2)
green material composting operations and facilities;
(3)
vegetative food material composting facilities;
(4)
research composting operations;
(5)
chipping and grinding operations and facilities; and,
(6)
biosolids composting operations at publicly owned treatment
works.
"Construction and demolition debris" or "C&D"
means bricks, stones, mortar, concrete, asphaltic concrete,
wood, or other debris including used or discarded materials removed
from premises during construction, renovation, remodeling, repair,
or demolition operations including the demolition of buildings or
structures
"Container"
means a cart, can, commercial bin, debris box, or stationary
compactor intended for the purpose of depositing waste for disposal,
except construction and demolition debris and bulky items, or recyclable
materials for diversion. Containers may be provided by City or its
authorized agent, or for manual collection as may be required to be
provided by the property owner or occupant generating Solid Waste,
Organic Waste or Recyclables.
"Contractor"
means any party to an agreement with the City for Solid Waste
management services and shall include all subcontractors and assigns
to such agreements.
"Designee"
means an entity that the City contracts with or otherwise
arranges to carry out any of the City's responsibilities as authorized
in 14 CCR § 18981.2. A Designee may be a government entity, a
hauler, a private entity, or a combination of those entities.
"Edible food"
means food intended for human consumption, or as otherwise
defined in 14 CCR § 18982(a)(18). "Edible Food" is not Solid
Waste if it is recovered and not discarded.
"Enforcement action"
means an action of the City to address non-compliance including,
but not limited to, issuing administrative citations, fines, penalties,
or using other remedies.
"Enforcement officer"
means the City Manager, county administrative official, chief
operating officer, executive director, public works director or other
executive in charge or their authorized Designee(s) who is/are partially
or wholly responsible for enforcing this chapter.
"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 § 18982(a)(22).
"Food facility"
has the same meaning as in Health and Safety Code Section
113789.
"Food recovery"
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR
§ 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 § 18982(a)(25),
including, but not limited to:
(1)
A food bank as defined in Health and Safety Code Section 113783;
(2)
A nonprofit charitable organization as defined in Health and
Safety Code Section 113841; and,
(3)
A nonprofit charitable temporary food facility as defined in
Health and Safety Code Section 113842.
"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 § 18982(a)(26).
"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 § 18982(a)(27).
"Food waste"
means food scraps separated from Solid Waste that will decompose
and/or putrefy including (i) all kitchen and table food waste, and
animal or vegetable waste that attends or results from the storage,
preparation, cooking or handling of food stuffs, and (ii) paper waste
contaminated with food waste.
"Franchise"
means the right of a person or entity to make arrangements
for the collection and transportation of Solid Waste, Recyclable Materials
and Organic Waste to landfills, transformation facilities, material
recovery facilities, processing facilities, or other licensed Solid
Waste management facilities, and/or the ability to extricate recyclable
material from all Solid Waste including Recyclable Materials, Green
Waste, composting material, or Organic Waste.
"Gray container"
has the same meaning as in 14 CCR § 18982.2(a)(28) and
shall be used for the purpose of storage and collection of Solid Waste.
"Green container"
has the same meaning as in 14 CCR § 18982.2(a)(29) and
shall be used for the purpose of storage and collection of Source
Separated Green Container Organic Waste.
"Green waste"
means any and all forms of biodegradable plant material which
can be placed in a Green Container, such as wastes generated from
the maintenance or alteration of public, commercial or residential
landscapes including, but not limited to, yard clippings, leaves,
tree trimmings, prunings, brush, and weeds as well as green waste.
Tree stumps and limbs greater than six inches in diameter are excluded.
"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 §
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 § 18982(a)(31.5).
"Hazardous waste"
means any waste materials or mixture of wastes that is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or which generates
pressure through decomposition, heat or other means, if such a waste
or mixture of wastes may cause substantial injury, serious illness
or harm to humans domestic livestock or wildlife. Hazardous Waste
includes any material so defined by state or federal law.
"High diversion organic waste processing facility"
means a facility that is in compliance with the reporting
requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual
average Mixed Waste organic content Recovery rate of 50 percent between
January 1, 2022 and December 31, 2024, and 75 percent after January
1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for Organic
Waste received from the "Mixed waste organic collection stream" as
defined in 14 CCR § 17402(a)(11.5); or, as otherwise defined
in 14 CCR § 18982(a)(33).
"Infectious waste"
means waste capable of producing an infection or pertaining
to or characterized by the presence of pathogens. It includes, but
is not limited to, certain wastes generated by medical practitioners,
hospitals, nursing homes, medical testing labs, mortuaries, taxidermists,
veterinarians, veterinary hospitals and medical testing labs and any
waste that includes animal wastes.
"Inspection"
means a site visit where a City reviews records, containers,
and an entity's collection, handling, recycling, or landfill disposal
of Solid Waste, Recyclable Materials Organic Waste or Edible Food
handling to determine if the entity is complying with requirements
set forth in this chapter.
"Large event"
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event.
"Large venue"
means a permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the
facility per day of operation of the venue facility. 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. A site under common ownership or control
that includes more than one Large Venue that is contiguous with other
Large Venues in the site, is a single Large Venue.
"Local education agency"
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to Solid Waste, or as otherwise defined in 14
CCR § 18982(a)(40).
"Multiple-family dwelling" "multi-family residential dwelling"
or "multi-family"
means premises used for residential purposes with five or
more dwelling units, including condominium projects, duplexes, townhouse
projects, apartment houses, or mobile home parks, irrespective of
whether residence therein is transient, temporary or permanent which
receive collection services from centralized locations. Multi-Family
premises do not include hotels, motels, or other transient occupancy
facilities, which are considered Commercial Businesses.
"Notice of violation" or "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 § 18982(a)(45) or further explained in 14 CCR
§ 18995.4.
"Organic waste"
means Solid Waste containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, Food Waste, Green Waste, landscape and pruning waste, nonhazardous
wood waste, and food-soiled paper waste that is mixed in with Food
Waste.
"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 §
18982(a)(48).
"Owner"
means the person, organization or corporation holding legal
title to the real property constituting the premises to which Solid
Waste management services are provided or required to be provided.
"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 §
18982(a)(51).
"Premises"
means any parcel of land, building and/or structure or portion
thereof, in the City where Solid Waste is produced, generated or accumulated.
"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 § 18982(a)(54).
"Prohibited container contaminants"
means the following: (i) discarded materials placed in the
Blue Container that are not identified as acceptable Source Separated
Recyclable Materials for the City's Blue Container; (ii) discarded
materials placed in the Green Container that are not identified as
acceptable Source Separated Green Container Organic Waste for the
City's Green Container; (iii) discarded materials placed in the Brown
Container that are not identified as acceptable Source Separated Brown
Container Food Waste for the City's Brown Container; (iv) discarded
materials placed in the Gray Container that are acceptable Source
Separated Recyclable Materials, Source Separated Green Container Organic
Wastes, and/or Source Separated Brown Container Food Waste to be placed
in the City's Blue Container, Green Container, and/or Brown Container;
and, (v) non-Solid Waste items 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 § 18982(a)(60).
"Recovery"
means any activity or process described in 14 CCR §
18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).
"Recyclable materials" or "recyclables"
means material that can be separated from waste for the purpose
of reusing or returning these materials in the form of raw materials
for new, used or reconstituted products that meet the quality standard
necessary to be used in the marketplace, or for composting, such as,
but not limited to, paper, cardboard, glass, metal and aluminum cans,
and plastics.
"Recycle" or "recycling"
means the process of salvaging, transporting, sorting, marketing,
reusing, reprocessing or remanufacturing Recyclable Materials.
"Recycled-content paper"
means Paper Products and Printing and Writing Paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber,
or as otherwise defined in 14 CCR § 18982(a)(61).
"Remote monitoring"
means the use of the internet of things and/or wireless electronic
devices to visualize the contents of Blue Containers, Green Containers,
Brown Containers and Gray Containers for purposes of identifying the
quantity of materials in containers (level of fill) and/or presence
of Prohibited Container Contaminants.
"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 § 18982(a)(65).
"Salvaging"
means the process of controlled removal of waste for the
purpose of Recycling or for the purpose of reuse without reprocessing
or remanufacturing.
"SB 1383"
means Senate Bill 1383 (Chapter 395, Statutes of 2016), which
established 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"
means 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
Materials 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 § 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 § 18982(a)(66)(A). To "self-haul" means to
act as a self-hauler.
"Single-family"
means of, from, or pertaining to any Residential Premises
with fewer than five units.
"Solid waste"
means all putrescible and non-putrescible solid, semisolid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish,
ashes, industrial wastes, construction and demolition wastes, abandoned
vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fixed sewage sludge that is not
hazardous waste, manure, vegetable or animal solid and semisolid wastes,
and other discarded solid and semisolid wastes. Solid waste does not
include hazardous, radioactive waste or medical waste.
"Solid waste management services"
means the planning, design delivery and monitoring of systems
and processes to collect, transport and dispose of Solid Waste and
activities to divert waste from landfills.
"Source separate"
means the process of removing Recyclable Materials and Organic
Waste from Solid Waste at the place of generation, prior to collection,
and placing them into separate Containers that are separately designated
for Recyclable Materials.
"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 Waste, carpets, non-compostable paper, and textiles.
"Supermarket"
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000), 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 § 18982(a)(71).
"Tier Two Commercial Edible Food Generator"
means a Commercial Edible Food Generator that is one of the
following:
(1)
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
(2)
Hotel with an on-site Food Facility and 200 or more rooms.
(3)
Health facility with an on-site Food Facility and 100 or more
beds.
(6)
A State agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
(7)
A Local Education Agency facility with an on-site Food Facility.
"Waste diversion"
means any effort to reduce the amount of waste disposed of
at landfill by reduction, reuse, recycling or composting.
"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 § 189852(a)(76).
(Prior code §§ 5700—5700.2; Ord. 914 § 1B, 1971; Ord. 1004 § 1, 1975; Ord. 1429 § 2, 1992; Ord.
1441 § 1, 1993; Ord. 1826 § 1, 2013; Ord. 2034 §
2, 2020; Ord. 2053 § 1, 2021)
It is the duty of every person in possession, charge, or control
of any premises within the City, in or from which waste is produced,
generated or accumulated, to provide, and at all times to keep in
a suitable place readily accessible to the Solid Waste, Recyclable
Materials, or Organic Waste collector, Containers capable of holding
without spilling all materials which would ordinarily accumulate on
such premises between the times of two successive collections. No
Containers shall be located within locked gates or doors or in a fenced
or enclosed area that is also used to restrain animals at the time
of Collection. The Containers shall be filled no more than level full
and shall be kept covered. When amounts of waste exceed the capacity
of the container, it shall be the duty of the property owner or the
person responsible for disposal of waste generated at the premises
to arrange for removal of such excess waste by the City or its authorized
representative.
(Prior code § 5711; Ord. 936 § 1, 1972; Ord. 1429 § 4, 1992; Ord. 1826 §
2, 2013; Ord. 2053 § 1, 2021)
All Residential Containers shall be constructed of metal or
plastic, equipped with suitable handles and tightfitting covers and
watertight. In the event the City or its authorized agent provides
carts for Solid Waste, Recyclable Materials, and Organic Waste for
use in its collection system, domestic premises and commercial premises
that receive individual collection from carts shall utilize the carts
so provided by separating Solid Waste, Recyclable Materials, and Organic
Waste.
(Prior code § 5713; Ord. 914 § 1B, 1971; Ord.
1429 § 6, 1992; Ord. 1826 § 3, 2013; Ord. 2053 §
1, 2021)
No person shall place or deposit any Solid Waste, Recyclable
Materials, or Organic Waste in or upon any public place, street, alley,
sidewalk or footpath in the City except in proper Containers for the
purpose of Collection by the collectors and between the hours of 5
p.m. on the day before and 8 p.m. on the day when the City or its
authorized agent collects from particular premises.
(Prior code § 5731; Ord. 914 § 1B, 1971; Ord.
936 § 1, 1972; Ord. 1429 § 13, 1992; Ord. 1990 §
1, 2019; Ord. 2053 § 1, 2021)
It is unlawful for any person operating or connected with any
business to place or deposit Solid Waste, Recyclables, or Organic
Waste in any Container placed upon the public street by public authority,
and meant primarily for the disposal of Solid Waste, Recyclable Materials,
or Organic Waste by pedestrians using the sidewalk. Such persons and
business premises shall contract separately for the removal of Solid
Waste, Recyclable Materials, or Organic Waste in Containers maintained
by the persons or business premises.
(Prior code § 5731.1; Ord. 936 § 1, 1972; Ord. 1429 § 14, 1992; Ord. 2053 §
1, 2021)
The City, or its agent, when authorized by the City Council,
may terminate service to any business or residential premises for
nonpayment when fees and charges for Solid Waste, Recycling, and Organic
Waste collection services remain unpaid for 60 or more days.
(Ord. 1429 § 26, 1992; Ord. 1445 § 1, 1993; Ord. 2053 § 1, 2021)
The City Manager shall have the power and authority to promulgate
rules or regulations supplemental to and not inconsistent with the
provisions of this chapter governing the keeping, placement for Collection,
and the collection, removal and disposal of Solid Waste, Recycling,
and Organic Waste. Any such rules and regulation shall become effective
upon approval by the City Council. No person having knowledge of or
having been advised of any such rule or regulation shall disobey,
violate, fail or refuse to comply with the same.
(Prior code § 5765; Ord. 914 § 1B, 1971; Ord.
936 § 1, 1972; Ord. 1429 § 28, 1992; Ord. 2053 §
1, 2021)
At such times as there is in force a contract entered into by the City with any contractor for the collection and disposal of Solid Waste, Recycling, and Organic Waste of the City and its inhabitants, it is unlawful for any person other than the contractor, or its agents and employees, to collect any Solid Waste, Recycling, and Organic Waste for hire within the City. This section shall not, however, be deemed to prohibit any person performing gardening or landscape services, and who possesses an appropriate business license for such activity, from carrying away Green Waste pursuant to Section
6.04.350, and generate
d by the gardening or landscape services performed.
(Prior code § 5769; Ord. 936 § 1, 1972; Ord. 969 § 3, 1974; Ord. 1429 §
30, 1992; Ord. 1826 § 7, 2013; Ord. 2053 § 1, 2021)
The City Manager is empowered to inspect and supervise all Containers,
wagons, cars, trucks or other vehicles used in the retention, Collection
and disposal of Solid Waste, Recyclable Materials, and Organic Waste,
and to see that the same are kept clean and sanitary. The City Manager
may also inspect places where Solid Waste, Recyclable Materials, and
Organic Waste are deposited. It shall be his duty to see that all
provisions of this chapter and all other applicable ordinances of
the City are fully complied with.
(Prior code § 5774; Ord. 936 § 1, 1972; Ord. 1429 § 31, 1992; Ord. 2053 §
1, 2021)
It is unlawful for any person, other than a person holding a
permit for the collection of Solid Waste, Recycling, and Organic Waste,
to take, remove or appropriate for his own use any Solid Waste, Recyclable
Materials, or Organic Waste which have been placed in any street or
alley for collection or removal, whether such Solid Waste, Recycling,
and Organic Waste are placed in regular Containers or not. Notwithstanding
the foregoing, this section does not prohibit the collection or transportation
of Organic Waste for delivery to a Community Composting site.
(Prior code § 3801; Ord. 1429 § 32, 1992; Ord.
2053 § 1, 2021)
All persons engaged in waste diversion within the City, and
not operating under an agreement with the City to provide waste management
services, shall obtain a permit from the City Manager to do so. Such
permit shall be renewable annually. As a condition of the permit,
persons engaged in waste diversion activities shall be required to
periodically report the materials diverted by type, weight, and volume,
as well as other information on type, weight, and volume of items
taken to the landfill at the frequency and in the manner directed
by the City Manager. A permit shall not be issued in instances where
issuance would conflict with other sections of the City's municipal
code or with agreements for waste management services entered into
by the City. A permit shall not be required of occupants of Residential
Premises and Commercial Premises who desire to transport, redeem or
otherwise salvage Recyclable Materials accumulated or generated at
their own Premises.
(Ord. 1429 § 33, 1992; Ord. 2053 § 1, 2021)