As used in this chapter:
means any contract or franchise agreement for solid waste
services approved by the City Council.
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.
refers to the Container used solely for the storage and collection
of Source Separated Food Waste.
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.
means the California Code of Regulations.
means the California Department of Resources Recycling and
Recovery.
means the City of Palm Springs California.
means the City Council of the City of Palm Springs, California.
means the City Manager of the City of Palm Springs or his
or her designee.
means the act of collecting Solid Waste, Recyclables, or
Organic Waste at or near the place of generation or accumulation.
Means a business, industrial, commercial establishment, and
any multiple-family, residential dwelling with five units or more.
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).
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.
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).
means a review of records by the City to determine compliance
with this chapter.
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:
agricultural material composting operations;
green material composting operations and facilities;
vegetative food material composting facilities;
research composting operations;
chipping and grinding operations and facilities; and,
biosolids composting operations at publicly owned treatment
works.
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
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.
means a Container, regardless of color, that contains Prohibited
Container Contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).
means any party to an agreement with the City for Solid Waste
management services and shall include all subcontractors and assigns
to such agreements.
shall have the same definition as 14 CCR § 18982(14.5).
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.
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.
means an action of the City to address non-compliance including,
but not limited to, issuing administrative citations, fines, penalties,
or using other remedies.
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.
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).
has the same meaning as in Health and Safety Code Section
113789.
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).
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:
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).
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).
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.
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.
means the holder of a Franchise.
means a person or entity that is responsible for the initial
creation of waste.
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.
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.
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.
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).
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).
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.
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).
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.
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.
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.
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.
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).
means Organic Waste collected in a container that is required
by 14 CCR §§ 18984.1, 18984.2 or 18984.3 to be taken to
a High Diversion Organic Waste Processing Facility or as otherwise
defined in 14 CCR § 17402(a)(11.5).
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.
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.
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.
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).
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.
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).
means any parcel of land, building and/or structure or portion
thereof, in the City where Solid Waste is produced, generated or accumulated.
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14 CCR § 18982(a)(54).
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.
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).
means any activity or process described in 14 CCR §
18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).
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.
means the process of salvaging, transporting, sorting, marketing,
reusing, reprocessing or remanufacturing Recyclable Materials.
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).
means a business that collects or processes recyclable materials.
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.
Any residential dwelling.
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).
means the process of controlled removal of waste for the
purpose of Recycling or for the purpose of reuse without reprocessing
or remanufacturing.
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.
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.
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.
means of, from, or pertaining to any Residential Premises
with fewer than five units.
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.
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.
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.
means Source Separated Recyclable Materials that can be placed
in a Blue Container.
means Source Food Waste that can be placed in a Brown Container.
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.
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).
means a Commercial Edible Food Generator that is one of the
following:
means a Commercial Edible Food Generator that is one of the
following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an on-site Food Facility and 200 or more rooms.
Health facility with an on-site Food Facility and 100 or more
beds.
Large Venue.
Large Event.
A State agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
A Local Education Agency facility with an on-site Food Facility.
means any effort to reduce the amount of waste disposed of
at landfill by reduction, reuse, recycling or composting.
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)
(a)
It
is hereby declared and determined that the business of collecting,
transporting, disposing and/or Recycling of Solid Waste affects the
health, safety, and public welfare and the quality of life of the
residents of the City, including without limitation, the frequency
of collection, means of collection and transportation, level of service,
charges and fees, and whether Solid Waste services are to be provided
by means of non-exclusive, partially exclusive, or wholly exclusive,
franchise, contract, license, or permit, and the terms and conditions
of such franchise, license, or permit. It is therefore one purpose
of this Chapter to regulate this business in order to ensure its orderly
operation and to minimize the adverse effects it may have on the local
environment.
(b)
It
is also the intent of this Chapter, aside and apart from the purpose
of regulation, to generate revenue for municipal purposes including
but not limited to the maintenance of the public streets and roadways
which are impacted by the heavily laden vehicles used in this business.
(c)
It
is also recognized that the City is required to prepare, adopt, and
implement an integrated waste management plan and that the City may
impose fees to fund the cost of this effort. Therefore, it is the
purpose of this Chapter to assist in implementation of an integrated
waste management plan and to provide funding toward the cost of that
plan.
(d)
Pursuant
to the provisions of Article X of the Palm Springs City Charter (Section
1000 et seq.), the City Council is empowered to enter into an agreement
for solid waste management services through a private contractor.
The granting of exclusive or nonexclusive franchises for solid waste
management services are within the classification of "municipal affairs,"
and the provisions of this Section, together with the provisions of
this Chapter, shall constitute the exclusive procedure applicable
to the grant of franchises for conducting the business of collecting,
transporting, disposing, and/or recycling Solid Waste in the City.
(e)
At
least every 15 years, a City franchise agreement for the collection
and disposal of Solid Waste and for the Collection of Recyclable Material
and Organic Waste shall be granted and approved by ordinance. The
City Clerk shall give notice of the City Council's consideration of
a franchise agreement by providing notice pursuant to Government Code
Section 6061, ten days in advance of the hearing.
(f)
The
City Council shall not engage a Franchisee or contractor which has
been, or whose officers, directors, shareholders, subsidiaries, affiliates,
employees or agents have been found guilty of felonious conduct related
to antitrust activities, illegal transport or disposal of Hazardous
Waste, or bribery of public officials.
(g)
Further,
during the term of any agreement with the City, should the Franchisee
or contractor or any of its officers, directors, shareholders, affiliates,
employees or agents be found guilty or should it be determined to
have been found guilty of such felonious conduct described above,
the City Council reserves the unilateral right to terminate its agreement
or to impose such other sanctions (which may include financial sanctions,
temporary suspensions or any other condition deemed appropriate short
of termination) as it shall deem proper. Such action shall be taken
after the Franchisee or contractor has been given notice and opportunity
to present evidence in mitigation.
(h)
The
term "found guilty" shall be deemed to include any judicial determination
of guilt including, but not limited to, pleas of "guilty," "nolo contendere,"
"no contest" or "guilty to a lesser charge" entered as part of a plea
bargain.
(Ord. 1429 § 3, 1992; Ord. 1818 § 1, 2013; Ord. 1819 § 1, 2013; 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)
The owner of any multiple-family dwelling must provide or cause
to be provided such Solid Waste, Recycling, and Organic Waste Containers;
and all Containers from any multiple-family dwelling must be marked
so as to indicate the unit to which they belong. Alternatively, the
owner of any multiple-family dwelling may arrange for Containers placed
at centralized locations provided by the waste collector, provided
there exists adequate space for storage in compliance with the requirements
of the City.
(Prior code § 5712; Ord. 936 § 1, 1972; Ord. 1429 § 5, 1992; 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)
(a)
A
commercial-type bin shall be suitable for the storage of Solid Waste,
Recyclables, or Organic Waste, and shall be equipped with slots or
other devices capable of being engaged by the arms of a front-loading
truck designed for that purpose.
(Prior code § 5716; Ord. 914 § 1B, 1971; Ord.
1429 § 9, 1992; Ord. 1456 § 1, 1993; Ord. 2053 §
1, 2021)
Debris boxes shall be of welded steel construction suitable
for storage of construction and demolition debris, Green Waste, and
bulky items, and shall be equipped to be hauled by a roll-off type
of refuse truck designed for that purpose. Debris boxes shall be filled
more than level full.
(Ord. 1826 § 4, 2013; Ord. 2053 § 1, 2021)
Stationary compactors shall be of welded steel construction,
fully enclosed with detachable compaction units suitable for storage
of Solid Waste, except construction and demolition debris and bulky
items, and shall be equipped to be hauled by a roll-off type truck
designed for that purpose.
(Ord. 1826 § 5, 2013; Ord. 2053 § 1, 2021)
No liquid waste shall be deposited in Containers with any Solid
Waste, Recyclable Materials, or Organic Waste.
(Prior code § 5721; Ord. 1429 § 10, 1992; Ord.
2053 § 1, 2021)
All Food Waste should be drained of liquids and placed into
a Green Container or Brown Container, composted on site, or taken
to a composting facility. Material placed in a Container shall be
managed according to guidance published by the City in terms of wrapping
or bagging.
(Prior code § 5722; Ord. 1429 § 11, 1992; Ord.
2053 § 1, 2021)
Waste resulting from demolition, remodeling, refurbishing, landscaping,
or construction at any premises shall not be deposited in Containers
designed or otherwise intended for domestic or commercial waste.
(Ord. 1826 § 6, 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)
For Green Waste placed out for collection by the Hauler, the material must be placed in Green Containers as designated in Section 6.04.040 of the municipal code. Placement of the Containers will be subject to the time restrictions specified in Section 6.04.110.
(Ord. 1441 § 2, 1993; 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 keeping of waste in Containers other than those prescribed
by this chapter, or the keeping upon premises of waste which is offensive,
obnoxious, or unsanitary shall be unlawful, shall constitute a public
nuisance, and may be abated in the manner now or hereafter provided
by law for the abatement of nuisances.
(Prior code § 5732; Ord. 1429 § 15, 1992; Ord.
2053 § 1, 2021)
No person shall burn any waste within the City, except in an
approved incinerator or other device for which a permit has been issued
by the chief building inspector, which complies with all applicable
permit and other regulations of the air pollution control district,
and provided any such act of burning in all respects complies with
all other laws and rules and regulations administered by the air pollution
control district.
(Prior code § 5733; Ord. 914 § 1B, 1971; Ord.
1429 § 16, 1992; Ord. 2053 § 1, 2021)
The City Council shall, by resolution, from time to time, establish
rates and pickup schedules for collection and disposal of waste accumulated
or produced within the City. The Council may delegate to the City
Manager authority to establish Collection schedules and rates from
all commercial and industrial premises.
(Prior code § 5761; Ord. 914 § 1B, 1971; Ord.
1429 § 23, 1992; Ord. 2053 § 1, 2021)
(a)
Every
owner or occupant of real property within the City, shall subscribe
to Solid Waste, Recyclable Materials, and Organic Waste collection
services.
(b)
It is further unlawful, and a public nuisance, for any person to occupy or inhabit any property within the City for which appropriate arrangements have not been made and kept in full force and effect, including payment therefor, for regular Solid Waste, Recyclable Materials, and Organic Waste Collection services, in compliance with subsection (a) of this section.
(c)
Every person having a duty, pursuant to subsection (a) of this section, to make or cause to be made arrangements for regular Solid Waste, Recyclable Materials, and Organic Waste Collection services, shall be liable for payment of the appropriate service fees and charges therefor to the same extent and at the same times, whether such person has or has not made the appropriate arrangements for Collection services in compliance with subsection (a) of this section. Whenever the fees or charges for such services have not been paid when due, all of the persons mentioned in subsection (a) shall be jointly and severally liable for payment thereof (together with any applicable penalties and interest) irrespective of which person may have made any existing arrangements for collection services, provided that an occupant of only a portion of a parcel of real property or premises shall be deemed liable only for the fees or charges, or portion thereof, attributable to Collection services for Solid Waste, Recycling, and Organic Waste produced or to be produced or accumulated by the occupant.
(Prior code § 5762; Ord. 936 § 1, 1971; Ord. 969 § 2, 1974; Ord. 1004 §
3, 1975; Ord. 1429 § 24, 1992; Ord. 2053 § 1, 2021)
All payments shall be made to the City or to its authorized
agent, and appropriate receipts therefor shall be issued.
(Prior code § 5763; Ord. 914 § 1B, 1971; Ord.
1429 § 25, 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)
Any fees or charges for Solid Waste, Recycling, and Organic
Waste collection services which remain unpaid for a period of 60 or
more days after the date upon which they were billed may be collected
thereafter in the manner provided in Government Code Sections 25831
and 38790.1. The amount owed may also be subject to a fee for administration
and handling in an amount approved by resolution of the City Council.
The remedy provided by this section is cumulative and alternative
to any other method of collection of such delinquent fees and charges.
(Ord. 1238 § 1, 1985; Ord. 1429 § 27, 1992; Ord. 1445 § 2, 1993; Ord. 2053 § 1, 2021)
All moneys paid to the City shall be deposited in the appropriate
fund, as designated by resolution of the City Council.
(Prior code § 5764; Ord. 914 § 1B, 1971; Ord.
1429 § 27, 1992; 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)
In any case where a dispute arises as to the rate charged or to be charged for any service provided for in this chapter, or with regard to any matter concerning obligations or responsibilities of the contractor under a franchise agreement or contract, the matter may be referred to the City Manager, who, upon due investigation, shall resolve such dispute. Any person aggrieved by the decision of the City Manager may appeal to the City Council in the manner provided by Chapter 2.05 of this code.
(Prior code § 5767; Ord. 936 § 1, 1972; Ord. 1226 § 12, 1984; Ord. 1429 §
29, 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 generated 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)
Public buildings and all parts thereof shall be maintained in
good repair and in a clean and sanitary condition, free from infestation
by insects or vermin.
(Prior code § 3802; 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)
(a)
Single-Family Waste Generators shall subscribe to the City's three-container system as described in Section 6.04.200.
(b)
The
City shall have the right to review the number and size of a Generator's
Containers to evaluate adequacy of capacity provided for each type
of Collection service for proper separation of materials and containment
of materials; and, Single-Family Generators shall adjust their service
level for Collection services as requested by the City. Generators
may additionally manage their Organic Waste by preventing or reducing
their Organic Waste, managing Organic Waste on site, and/or using
a Community Composting site pursuant to 14 CCR § 18984.9(c).
(c)
Single-Family
Waste Generators shall participate in the City's three-container Solid
Waste collection service(s) by placing designated materials in designated
Containers as described below, and shall not place Prohibited Container
Contaminants in Collection Containers. Generator shall place Source
Separated Green Container Organic Waste, including Food Waste, in
the Green Container; Source Separated Recyclable Materials in the
Blue Container; and Solid Waste in the Gray Container, per City and
collector guidelines. Generators shall not place materials designated
for the Gray container into the Green Container or Blue Container,
materials designated for the Green Container into the Blue or Gray
Container, nor materials designated for the Blue Container into the
Green or Gray Container.
(Ord. 2053 § 1, 2021)
(a)
Mandatory
Commercial Recycling and Organic Waste Recycling.
(1)
Generators that are Commercial Businesses, including Multi-Family
Residential Dwellings, shall subscribe to the City's three-container
Solid Waste, Recyclable Materials, and Organic Waste collection services.
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
(2)
A business or multi-family residential dwelling consisting of five
or more units shall comply with the following requirements:
(A)
Arrange for the regular collection of Solid Waste, Recyclable Materials,
and Organic Waste through the Franchisee and/or self-haul Recyclable
Materials and/or Organic Waste;
(B)
Supply and allow access to an adequate number, size and location
of Collection Containers with sufficient labels or colors for employees,
contractors, tenants, and customers, consistent with City's Blue Container,
Green Container, Brown Container, Gray Container Collection service
or, if self-hauling, per the Commercial Businesses' instructions to
support its compliance with its self-haul program.
(C)
Place Source Separated Green Container Organic Waste, including Food
Waste, in the Green Container; Source Separated Recyclable Materials
in the Blue Container; Source Separated Food Waste in the Brown Container;
and Solid Waste in the Gray Container, per City and collector guidelines.
Generators shall not place materials designated for the Gray Container
into the Green Container, Brown Container (with the exception of Food
Waste), or Blue Container; materials designated for the Green Container
into the Blue or Gray Containers; materials designated for the Brown
Container into the Blue or Gray Containers; nor materials designated
for the Blue Container into the Green, Brown or Gray Container; and
(D)
Excluding Multi-Family 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 § 18984.9(b), the Containers provided by the business
shall have either:
(i)
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 date is earlier.
(ii)
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 14 CCR § 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(E)
To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a Container not designated for those materials per the City's Blue Container, Green Container, Brown Container and Gray Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 6.04.350.
(F)
Excluding Multi-Family Residential Dwellings, annually inspect Blue
Containers, Green Containers and/or Brown Containers, and Gray Containers
for contamination and inform employees if Containers are contaminated
and of the requirements to keep contaminants out of those Containers.
(G)
Annually provide information to employees, contractors, tenants,
and customers about Organic Waste Recovery requirements and about
proper sorting of Source Separated Organic Waste and Source Separated
Recyclable Materials.
(H)
Provide education information before or within 14 days of occupation
of the premises to new tenants that describes requirements to keep
Source Separated Organic Waste and Source Separated Recyclable Materials
separate from Solid Waste.
(I)
Provide or arrange access for City or its agent to their properties
during all inspections to confirm compliance with this chapter and
SB 1383 Regulations.
(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.
(Ord. 2034 § 3, 2020; Ord. 2053 § 1, 2021)
(a)
De
Minimis Waivers.
The City may waive a Commercial Business' obligation to comply with some or all of the Organic Waste diversion 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 Section 6.04.310(a)(2)6.04.310(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
(1)
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below in Section 6.04.310(a)(2)6.04.310(a)(2):
(2)
Provide documentation that either:
(A)
The Commercial Business' total Solid Waste collection service is
two cubic yards or more per week and Organic Waste subject to collection
in the Green Container comprises less than 20 gallons per week per
applicable container of the business' total waste; or
(B)
The Commercial Business' total Solid Waste collection service is
less than two cubic yards per week and Organic Waste subject to collection
in the Green Container comprises less than 10 gallons per week per
applicable container of the business' total waste.
(3)
Notify the City if circumstances change such that the Commercial
Business's Organic Waste exceeds threshold required for waiver, in
which case waiver will be rescinded.
(4)
Provide written verification of eligibility for de minimis waiver
for up to 5 years, if the City has approved de minimis waiver.
(b)
Physical
Space Waivers.
The City may waive a Commercial Business' obligations to comply
with some or all of the Recyclable Materials and/or Organic Waste
Collection service requirements if the City has evidence from its
own staff, a Hauler, licensed architect, or licensed engineer demonstrating
that the premises lacks adequate space for the Collection Containers
required for compliance with the Recyclable Materials and/or Organic
Waste Collection requirements.
A Commercial Business may request a physical space waiver through
the following process:
(1)
Submit an application form specifying the type(s) of Collection services
for which they are requesting a compliance waiver.
(2)
Provide documentation that the premises lacks adequate space for
Blue Containers and/or Green Containers including documentation from
its Hauler, licensed architect, or licensed engineer.
(3)
Provide written verification to City that it is still eligible for
physical space waiver for up to five years, if City has approved application
for a physical space waiver.
(c)
Owners of Premises which have been unoccupied by any human habitation and upon which no waste has been produced or accumulated (other than Green Waste such as clippings, branches, leaves and the like, which has been promptly removed by personnel doing gardening work on the premises), for six consecutive months or more, shall be exempted starting with the seventh month for a period of up to twelve months or until the premises becomes occupied or produces or accumulates Solid Waste. Exemptions shall automatically expire December 31 of each year. Disputes as to whether particular owners are entitled to such exemption shall be resolved in accordance with the procedure prescribed in Section 6.04.232 of this chapter.
(d)
Additional
Waivers.
The City may provide any additional waivers of the requirements
of this chapter to the extent permitted by applicable law. The City
Manager or his or her designee shall be responsible for determining
the grounds for the waiver, its scope, and appropriate administration.
(e)
Review
and Approval of Waivers by City.
Review and approval of waivers will be the responsibility of
the City Manager or his or her designee.
(Ord. 2053 § 1, 2021)
(a)
Tier
One Commercial Edible Food Generators must comply with the requirements
of this section commencing January 1, 2022, and Tier Two Commercial
Edible Food Generators must comply commencing January 1, 2024.
(b)
Large
Venue or Large Event operators not providing food services, but allowing
for food to be provided by others, shall require Food Facilities operating
at the Large Venue or Large Event to comply with the requirements
of this section commencing January 1, 2024.
(c)
Commercial
Edible Food Generators shall comply with the following requirements:
(1)
Arrange to recover the maximum amount of Edible Food that would otherwise
be disposed.
(2)
Enter into a written agreement with Food Recovery Organizations or
Food Recovery Services for:
(3)
Shall not intentionally spoil Edible Food that is capable of being
recovered by a Food Recovery Organization or a Food Recovery Service.
(4)
Allow the City's designated enforcement entity or designated third
party enforcement entity to access the premises and review records
pursuant to 14 CCR § 18991.4.
(5)
Keep records that include the following information, or as otherwise
specified in 14 CCR § 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 § 18991.3(b).
(B)
A copy of all contracts or written agreements established under 14
CCR § 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.
(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 (Chapter 285, Statutes of 2017).
(Ord. 2053 § 1, 2021)
(a)
Food
Recovery Services collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR § 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR § 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
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 § 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR §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 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 § 18991.3(b) shall report to the City it is
located in 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 § 18991.3(b) no later than March 1, July 1,
and September 1 annually.
(d)
Food
Recovery Capacity Planning.
(1)
Food Recovery Services and Food Recovery Organizations.
In order to support Edible Food Recovery capacity planning assessments
or other studies, Food Recovery Services and Food Recovery Organizations
operating in the City shall provide information and consultation to
the City, upon request, regarding existing, or proposed new or expanded,
Food Recovery capacity that could be accessed by the City and its
Commercial Edible Food Generators. A Food Recovery Service or Food
Recovery Organization contacted by the City shall respond to such
request for information within 60 days, unless a shorter timeframe
is otherwise specified by the City.
(Ord. 2053 § 1, 2021)
(a)
Requirements
for Haulers.
(1)
Franchisee shall meet the following requirements and standards as
a condition of approval of a contract, agreement or other authorization
with the City to collect Organic Waste.
(A)
Through written notice to the City annually on or before June 1,
identify the facilities to which they will transport Organic Waste
including facilities for Source Separated Recyclable Materials, Source
Separated Organic Waste, and Source Separated Food Waste.
(B)
Transport Source Separated Recyclable Materials, Source Separated
Organic Waste, Source Separated Food Waste, and Mixed Waste to a facility,
operation, activity, or property that recovers Organic Waste as defined
in the SB 1383 Regulations.
(2)
Franchisee shall comply with education, equipment, signage, Container
labeling, Container color, contamination monitoring, reporting, and
other requirements contained within its contract, agreement or other
authorization entered into with the City.
(b)
Requirements
for Facility Operators and Community Composting Operations.
(1)
Owners of facilities, operations, and activities that recover Organic
Waste, including, but not limited to, Compostable Materials Handling
Facilities, in-vessel digestion facilities, and publicly owned treatment
works shall, upon the 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 60 days.
(2)
Community Composting operators, upon the City's 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 60 days.
(Ord. 2053 § 1, 2021)
(a)
Nothing
in this chapter shall preclude a Commercial Business from self-hauling
Recyclable Materials or Organic Waste.
(b)
Nothing
in this chapter limits the right of any person, organization, or other
entity to sell Recyclable Materials or Organic Waste owned by that
person, organization or other entity or to donate Recyclable Materials
or Organic Waste to a charity or any entity other than a Hauler.
(c)
Self-Haulers
shall source separate all Recyclable Materials and Organic Waste from
Solid Waste.
(d)
Self-Haulers
shall haul their Source Separated Recyclable Materials to a facility
that recovers those materials; and haul their Source Separated Organic
Waste or Food Waste to a licensed facility, operation, activity, or
property that processes or recovers Source Separated Organic Waste.
(e)
Self-Haulers
that are Commercial Businesses shall provide confirmation of self-hauling
to the City or Franchisee annually. Commercial Businesses shall keep
a record of the amount of Recyclable Materials and Organic Waste delivered
to each facility, operation, activity, or property that processes
or recovers Recyclable Materials and/or 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
Recyclable Materials and/or Organic 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
Recyclable Materials and/or Organic Waste.
(f)
Self-Haulers that are Commercial Businesses shall provide information collected in Section 6.04.350(d) to City upon request.
(Ord. 2053 § 1, 2021)
(a)
City
Enforcement Officer and/or its Designee 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, property owners, Tier One and Tier
Two Commercial Edible Food Generators, Haulers, Self-Haulers, Food
Recovery Services, and Food Recovery Organizations, subject to applicable
laws. City may conduct Container Inspections for Prohibited Container
Contaminants using Remote Monitoring.
(b)
Regulated
entities shall provide or arrange for access during all Inspections
(with the exception of residential property interiors) and shall cooperate
with the City Enforcement Officer or 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: (i) access
to an entity's premises; or (ii) 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 or Designee for Edible Food Recovery 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
Enforcement Officer and/or its 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.
(Ord. 2053 § 1, 2021)
(a)
The City may take Enforcement Actions, including the issuance of an administrative citation and assessment of a fine, against persons and entities for violating this chapter. The City's procedures on the imposition of administrative fines under Chapter 1.06 shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter.
(b)
The
City may take immediate Enforcement Actions against Commercial Businesses
that are in violation of the commercial organic waste and recycling
requirements of AB 341 and AB 1826, which were in place prior to the
issuance of the SB 1383 Regulations.
(c)
The City Enforcement Officer and/or its Designee will monitor compliance with the SB 1383 Regulations, including Sections 6.04.030 through 6.04.040, 6.04.200, 6.04.280 through 6.04.370, randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring).
(d)
Education
of SB 1383 Requirements.
(1)
Beginning January 1, 2022 and through December 31, 2023, the City or its Designee may conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with the SB 1383 Regulations, including Sections 6.04.030 through 6.04.040, 6.04.200, 6.04.280 through 6.04.370, and if City or its Designee determines that Organic Waste Generator, Self-Hauler, Hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials and/or, for the purposes of Edible Food Recovery, training to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(e)
Beginning January 1, 2024, if the City or its Designee determines that an Organic Waste Generator, Self-Hauler, Hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with the SB 1383 Regulations, including Sections 6.04.030 through 6.04.040, 6.04.200, 6.04.280 through 6.04.370, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this section, as needed.
(f)
Prior to taking any Enforcement Action against a person, business, or entity for violating the SB 1383 Regulations, including Sections 6.04.030 through 6.04.040, 6.04.200, 6.04.280 through 6.04.370, the City shall first notify the person, business, or entity and provide an opportunity to correct the violation through the issuance of a Notice of Violation by a City Enforcement Officer. Notices shall be sent to the "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the residential dwelling or Commercial property or to the party responsible for paying for the Collection services, depending upon available information. This notice shall contain the information required by Palm Springs Municipal Code section 1.06.030(b). The notice shall state the person, business, or entity has 60 days to correct the violation. The person, business, or entity shall be responsible for ensuring and demonstrating compliance with the requirements of the SB 1383 Regulations, including Sections 6.04.030 through 6.04.040, 6.04.200, 6.04.280 through 6.04.370, within the 60-day time frame provided in the notification of violation. Failure to demonstrate compliance shall be cause for enforcement.
(g)
For incidences of Prohibited Container Contaminants found in containers, City Enforcement Officer will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a Container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within 30 days after determining that a violation has occurred. Notwithstanding the foregoing, the City may issue administrative citations immediately for container contamination and failure to subscribe to collection service as required by Sections 6.04.280 and 6.04.300. The City may pursue enforcement of the provisions of this chapter through administrative, civil, or criminal proceedings.
(i)
The
City or its Designee may extend the compliance deadlines set forth
in a Notice of Violation issued in accordance with this section if
it finds that there are extenuating circumstances beyond the control
of the respondent that make compliance within the deadlines impracticable,
including the following:
(1)
Acts of God such as earthquakes, wildfires, flooding, and other emergencies
or natural disasters;
(2)
Delays in obtaining discretionary permits or other government agency
approvals; or,
(3)
Deficiencies in Organic Waste recycling infrastructure or Edible
Food Recovery capacity and the City is under a corrective action plan
with CalRecycle pursuant to 14 CCR § 18996.2 due to those deficiencies.
(j)
Persons
receiving an administrative citation containing a penalty for an uncorrected
Notice of Violation may request a hearing to appeal the citation.
A hearing will be held only if it is requested within the time prescribed
and consistent with City's procedures in the City's code for appeals
of administrative citations. Evidence may be presented at the hearing.
The City will appoint a hearing officer who shall conduct the hearing
and issue a final written order.
(k)
The
City Manager may adopt necessary forms, rules, regulations, and guidelines
that may be necessary or desirable to aid in the administration or
enforcement of the provisions of this chapter.
(l)
The
conviction and punishment of any person under this chapter shall not
relieve such person from the responsibility to correct prohibited
conditions or to remove prohibited matter, nor prevent the enforced
correction or removal of such prohibited condition or matter.
(Ord. 1420 § 1, 1992)
