This chapter shall be entitled "Solid Waste, Recycling, and Mandatory Organic Waste Disposal Reduction."
(Ord. 653 § 2, 2022)
As used in this chapter, the following words and phrases shall have the meaning ascribed to them in Government Code, commencing with Sections 66710 and 68010, or Health and Safety Code, commencing with Section 25110, or Title 14 California Administrative Code, commencing with Section 17725 unless from the context a different meaning is clearly apparent:
has the same meaning as in Section 20690 of Title 27 of the California Code of Regulations.
has the same meaning as in Section 20700 of Title 27 of the California Code of Regulations.
means discarded appliances (including refrigerators), furniture, carpets, mattresses, yard trimmings and/or wood waste, and similar large items which can be handled by two people, weigh no more than 200 pounds, and require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky items must be generated by the customer and at the service address wherein the bulky items are collected. Bulky items do not include abandoned automobiles, large auto parts, trees, construction and demolition debris, or items herein defined as excluded waste.
means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others).
means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
means the City of Atascadero, a municipal corporation acting through its City Council, and all the territory lying within the municipal boundaries of the City.
means the City Manager or other executive in charge, or their designee who is/are partially or fully responsible for enforcing this chapter.
means the City of Atascadero City Council.
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or industrial facility.
includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4), or as otherwise defined by 14 CCR Section 18982(a)(8).
means a review of records by a City to determine compliance with this chapter.
has the same meaning as in 14 CCR Section 17896.2(a)(4), (or any variation thereof) includes a controlled biological decomposition of organic materials yielding a safe and nuisance free compost product.
includes and means a person or entity to whom the City has granted the privilege of collecting and disposing of solid waste, recyclable materials, and organic materials produced within the limits of the City under the terms set out in this chapter, and under the provisions of the contract agreement, organized and operating under the laws of the State and its officers, directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and subcontractors.
means the person to whom the contractor submits its billing invoice and collects payment from for collection services provided to a premises. The customer may be either the occupant or owner of the premises.
means construction and demolition debris.
means any 10 to 40 cubic yard container, or any compactor provided by a solid waste generator, placed in the public right-of-way, on city property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes/roll-off containers are serviced by means of lifting the entire container, including all contents, onto a designated collection vehicle.
means non-hazardous waste which may pose special disposal problems because of its potential to contaminate the environment, and which may be disposed of only in class II disposal sites or class III disposal sites pursuant to a variance issued by the California Department of Health Services. Designated waste consists of those substances classified as designated waste by the State, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.
means an entity that a City contracts with or otherwise arranges to carry out any of the City's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
means recyclable materials, organic materials, and solid waste placed by a generator in a collection container and/or at a location for the purposes of collection excluding excluded waste.
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Health and Safety Code, including the California Retail Food Code.
means an action of the City to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or this chapter, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in City, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
has the same meaning as in Section 113789 of the Health and Safety Code.
means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety Code;
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter. |
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means those discarded materials that will decompose and/or putrefy including: (1) all kitchen and table food waste; (2) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (3) fruit waste, grain waste, dairy waste, meat, and fish waste; and (4) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings. Food scraps are a subset of food waste. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
is compostable paper material that has come in contact with food scraps or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza boxes.
means source separated food scraps and food-soiled paper.
means a person or entity that is responsible for the initial creation of one or more types of discarded materials.
means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
means any person engaged in the collection, transportation or consolidation for transportation of solid waste, recyclable materials, or organic materials in the City, including those authorized collectors who engage in any such activities pursuant to an agreement, permit or license issued by the City, known herein as the contractor, as well as self-haulers and the providers of temporary rental services of debris boxes or roll-off containers who operate in compliance with this chapter.
means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
means any of the following: (1) any substances defined, regulated or listed (directly or by reference) as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic waste," "pollutant," or "toxic substances," or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC Section 9601(ii) et seq. (CERCLA); the Hazardous Materials Transportation Act, 49 USC Section 1802(iii), et seq.; the Resource Conservation and Recovery Act, 42 USC Section 6901(iv) et seq.; the Clean Water Act, 33 USC Section 1251(v) et seq.; California Health and Safety Code Sections 25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC Section 7901(vii) et seq.; and, California Water Code Section 13050(2); any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and (3) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel products, and byproducts.
means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.
means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5), or as otherwise defined in 14 CCR Section 18982(a)(33).
means: (1) equipment, instruments, utensils and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies; (2) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; and/or (3) surgical operating room pathologic specimens— including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas, and emergency rooms, as defined in 14 CCR Section 17225.36.
means a site visit where a City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste, or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
means a school district, charter school, or County Office of Education that is not subject to the control of City or County regulations related to solid waste, recyclable materials, and organic materials, or as otherwise defined in 14 CCR Section 18982(a)(40).
means of, from, or pertaining to residential premises with five or more dwelling units including such premises when combined in the same building with commercial establishments, that receive centralized, shared, collection service for all units on the premises which are billed to one customer at one address. Customers residing in townhouses, mobile homes, condominiums, or other structures with five or more dwelling units who receive individual service and are billed separately shall not be considered multifamily. Multifamily 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 Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
means the person who occupies a premises.
means yard trimmings and food waste, individually or collectively that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable material and solid waste. organic materials are a subset of organic waste.
shall be used for the purpose of storage and collection of source separated organic materials.
means wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
means the person(s) holding legal title to real property and/or any improvements there-on and shall include the person(s) listed on the latest equalized assessment roll of the County Assessor.
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
means and includes any land, building and/or structure, or portion thereof, in the City where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel, which are owned by the same person, shall be considered as one premises.
means the following: (1) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the City's recyclable materials container; (2) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the City's organic materials container; (3) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in City's organic materials container and/or recyclable materials container; and (4) excluded waste placed in any container.
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
means those discarded materials that the generators set out in recyclables containers for collection for the purpose of recycling by the service provider and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and solid waste. recyclable materials shall include, but not be limited to, newspaper, aluminum, tin and bi-metal cans, clear and colored glass containers, plastic containers, corrugated cardboard, paper products, printing and writing papers, and motor oil and filters (which shall be collected separate from the recycling container). For the purpose of collection of recyclable materials through contractor's collection services, recyclable materials shall be limited to those materials identified by the collection contractor as acceptable recyclable materials.
shall be used for the purpose of storage and collection of source separated recyclable materials.
means paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
shall mean of, from, or pertaining to single-family premises or multifamily premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.
means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the City, or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, responsible party shall mean the owner of a single-family premises, multifamily premises, or commercial premises.
means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
includes and means all waste substances including garbage as well as combustible and noncombustible wastes.
means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
means to act as a self-hauler.
means a person who hauls solid waste, organic waste, or recyclable material they have generated to another person. Self-hauler also includes a landscaper, or a person who back-hauls waste. Back-haul means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator's or responsible party's own employees and equipment.
refers to the size of a customer's container and the frequency of collection service.
refers to any detached or attached house or residence of four units or less designed or used for occupancy by one family, provided that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. Single-family includes townhouses, and each independent unit of duplex, triplex, or fourplex residential structures, regardless of whether each unit is separately billed for their specific service level.
has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code Section 40141.
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
Recyclable materials, organic materials, and construction and demolition debris when such materials are source separated.
Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste container, not source separated from solid waste at the site of generation. |
shall be used for the purpose of storage and collection of solid waste, excluding prohibited container contaminants.
means materials, including commingled recyclable materials and organic materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing of those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, responsible party, or responsible party's employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.
means organic materials that are source separated and placed in an organic materials container.
means recyclable materials that are source separated and placed in a recyclable materials container.
means the State of California.
means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
means a commercial edible food generator that is one of the following:
Supermarket.
Grocery store with a total facility size equal to or greater than 10,000 square feet.
Food service provider.
Food distributor.
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter. |
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.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter. |
means a unit of measure for weight equivalent to 2,000 standard pounds where each pound contains 16 ounces.
means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, and prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
means those discarded materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood. Yard trimmings do not include items herein defined as excluded waste. Yard trimmings are a subset of organic materials. Acceptable yard trimmings may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City.
(Ord. 56 § 6-4.01, 1982; Ord. 653 § 2, 2022)
(a)
The owner, occupant, or operator of any premises, business establishment, or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste, recyclable materials, and organic materials accumulated on the property. The property shall be free of excessive amounts of solid waste, recyclable materials, and organic materials, and litter except that manure, wood, leaves, soil, or gravel may be accumulated, providing that no public or private nuisance is created.
(b)
To protect public health, safety, and well-being and to prevent the contamination of solid waste, recyclable materials, and organic materials, no person shall place waste in or otherwise use the solid waste, recyclable materials, and organic materials container of another, without the prior written permission of such other person.
(c)
No person maintaining any premises where any type of solid waste, recyclable material, or organic material is created, accumulated, or produced shall fail or neglect to procure and utilize a container or containers (in required numbers) as specified in subsections (c)(1)—(c)(5) of this section:
(1)
The contractor shall maintain its solid waste, recyclable materials, and organic materials containers within the City in a manner to protect public health and safety and prevent the spread of vectors. No person shall place for collection any solid waste, recyclable materials, or organic materials container not in conformance with the container(s) designated by the contractor providing collection services.
(2)
All solid waste, recyclable materials, and organic materials created, accumulated, or produced on the premises are to be stored in watertight, impervious containers having close-fitting lids and shall be constructed of substantial, nonabsorbent materials.
(3)
All solid waste, recyclable materials, and organic materials are to be stored in containers which are sufficient in size and number to hold all such waste without spilling or causing litter or a nuisance, all the waste that a household or other establishment generates within the designated removal period.
(4)
The contractor shall maintain its solid waste, recyclable materials, and organic materials containers in the City free from any exterior paint or markings commonly referred to as "graffiti" or "tagging."
(5)
Nothing in this chapter shall prevent an owner and/or occupant of a premises from self-hauling to a solid waste facility, in conformance with Section 6-4.112 of this chapter, or from utilizing a temporary debris box or roll-off container service. The exclusive rights of the contractor shall not mean that debris box or roll-off container service for construction and temporary cleanup purposes cannot be provided by persons other than the designated authorized collector.
(d)
Collection of Solid Waste, Recyclable Materials, or Organic Materials without Waste Management Franchise or Continuation Rights Prohibited.
(1)
To protect public health, safety, and well-being, no person except a City employee or the contractor with a waste management franchise or continuation rights recognized by the City, or a person authorized under Section 6-4.112 of this chapter, or a licensed contractor performing work within the scope of that contractor's license, or a provider of temporary debris box or roll-off container rental services, shall collect or remove any solid waste, recyclable materials, or organic materials from any premises within the City.
(2)
No person other than a contractor which has a waste management franchise issued by the City or a contractor with continuation rights recognized by the City, or a licensed contractor performing work within the scope of that contractor's license, or a provider of temporary debris box or roll-off container rental services, shall place a container for the accumulation of solid waste, recyclable materials, or organic materials at any premises within the City or collect any waste from any premises or permit or suffer a solid waste, recyclable materials, and organic materials container to remain in any place within the City.
(e)
Location of Solid Waste, Recyclable Materials, and Organic Materials Containers.
(1)
During the hours for collection designated in subsection (e)(2) of this section, residential solid waste, recyclable materials, and organic materials containers shall be placed at the collection location designated by the contractor holding the residential waste management franchise and shall be placed in a manner accessible for automated pickup. Except during the time a container is placed for collection, residential containers shall not be visible from the public right-of-way. Commercial bins shall be accessible to the contractor providing collection services at that location.
(2)
Solid waste, recyclable materials, and organic materials containers, such as residential containers, that are moved to a collection point to facilitate collection shall not be placed adjacent to the street for pickup more than 24 hours prior to pickup time, and such containers shall be removed within the 12 hour period following pickup.
(3)
Each solid waste, recyclable materials, and organic materials container provided by the owner, manager, or person in possession, charge, or control of any residential, commercial, or industrial buildings, complexes, developments, and projects, and every person occupying a dwelling within the City, shall be kept or placed entirely above ground level at a location which is convenient for access by collection personnel during the time for collection, as set forth in subsections (e)(1) and (e)(2) of this subsection.
(4)
To minimize interference with public rights-of-way, no person shall place a container or any bulky items adjacent to a street or public right-of-way for collection service before the day preceding the regularly scheduled collection day. Bulky items may not be set out for collection unless the person in charge of day-to-day operations of the premises has made prior arrangements with a contractor approved by the City for pickup of the bulky items.
(5)
No container may be placed in any public right-of-way unless an encroachment permit authorizing the placement has been issued by the City, except during service/collection times in subsection (2) above. A bin, construction and demolition material bin, debris box or roll-off container may be placed on private property, visible to the public for temporary periods.
(6)
Containers shall be placed on the premises as follows:
(i)
Where pickup is by human labor approaching from the street, the container(s) shall be placed adjacent to the street from where the collector enters the property. Provisions shall be made for easy access, with no obstacles. Where walk-ins are required, proportionately higher rates may be set.
(ii)
Where pickup is by collection vehicle, the container(s) shall be located in a waste storage area.
(f)
Requirements for Waste Storage Area. Property owners must provide each individual dwelling unit or occupancy with an individual or centralized waste storage area where solid waste, recyclable materials, and organic materials can be deposited and stored for later removal from the premises.
(g)
Commercial Requirements.
(1)
No contractor shall place a commercial bin, construction and demolition material bin, roll-off or debris box, or any container other than residential solid waste, recyclable materials, and organic materials containers, at any location within the City unless the container is clearly marked with the name, address, and telephone number of the owner of the container and a unique container number. The identification shall be waterproof and legible.
(2)
The City may require that commercial bins be stored in a bin enclosure with adequate space to accommodate containers for solid waste, recyclable materials, and organic materials containers. All new enclosures are subject to inspection by the City. Enclosures must be located in places convenient for the removal of the containers for collection. Enclosures, including gates and gate hardware, must be maintained in good working condition and readily accessible by the contractor.
(h)
Use of Civic Litter Containers. To protect public health, safety, and well-being, no person shall place or deposit residential, institutional, commercial, industrial, special, sharps, e-waste, universal, or other hazardous waste in any civic litter container.
(i)
Burning of Organic Waste Materials. To protect public health, safety, and well-being, no person shall burn any waste within the City, except organic waste materials on approved burn days using controlled burn piles, in compliance with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules, and regulations.
(Ord. 56 §§ 6-4.02—6-4.09, 6-4.12—6-4.15, 6-4.18, 1982; Ord. 653 § 2, 2022)
(a)
Responsible parties of single-family premises shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter. Responsible parties of single-family premises may receive waivers pursuant to Section 6-4.108 for some requirements of this section.
(b)
Except responsible parties of single-family premises that meet the self-hauler requirements in Section 6-4.112 of this chapter, responsible parties of single-family premises shall comply with the following requirements:
(1)
Subscribe to and pay for the City's three or more-container collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services as described below in subsection (b)(2)(i) below. The City and its designee(s) 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. The responsible parties for single-family premises shall adjust their service level for their collection services as requested by the City.
(2)
Participate in the City's three or more-container collection service(s) in the manner described below.
(i)
Place, or, if responsible party is not an occupant of the single-family premises, direct its generators to place, source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.
(ii)
Not place, or, if responsible party is not an occupant of the single-family premises, direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.
(c)
Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(Ord. 653 § 2, 2022)
(a)
Responsible parties of multifamily premises shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter and for employees, contractors, and tenants. Responsible parties of multifamily premises may receive waivers pursuant to Section 6-4.108 for some requirements of this section.
(b)
Except for responsible parties of multifamily premises that meet the self-hauler requirements in Section 6-4.112 of this chapter, including hauling services arranged through a landscaper, responsible parties of multifamily premises shall:
(1)
Subscribe to and pay for the City's three or more-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the multifamily premises as further described below in this section. The City and its designee(s) shall have the right to review the number and size of the multifamily premises' collection 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. The responsible party of a multifamily premises shall adjust their service level for their collection services as requested by the City or its designee.
(2)
Participate in the City's three or more-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.
(i)
Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.
(ii)
Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.
(3)
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with City's recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the multifamily premises' approach to complying with self-hauler requirements in Section 6-4.112 of this chapter.
(4)
Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.
(5)
Provide educational information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from solid waste (when applicable) and the location of containers and the rules governing their use at each property.
(6)
Provide or arrange access for the City and/or its designee(s) to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
(c)
If the responsible party of a multifamily premises wants to self-haul, they must meet the self-hauler requirements in Section 6-4.112 of this chapter.
(d)
Multifamily premises that generate two cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.
(e)
Nothing in this section prohibits a responsible party or generator of a multifamily premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(Ord. 653 § 2, 2022)
(a)
Responsible parties of commercial businesses shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter and for employees, contractors, tenants, and customers. Responsible parties of commercial premises may receive waivers pursuant to Section 6-4.108 for some requirements of this section.
(b)
Except responsible parties of commercial businesses that meet the self-hauler requirements in Section 6-4.112 of this chapter, including hauling services arranged through a landscaper, responsible parties of commercial premises shall:
(1)
Subscribe to and pay for City's three or more-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the commercial premises as further described below in this section. The City and its designee(s) shall have the right to review the number and size of a commercial premises' 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. The responsible party of the commercial business shall adjust their service level for their collection services as requested by the City or its designee.
(2)
Participate in the City's three or more-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.
(i)
Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.
(ii)
Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.
(3)
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subections (b)(4)(A) and (b)(4)(B) below) for employees, contractors, tenants, and customers, consistent with City's recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial premises' approach to complying with self-hauler requirements in Section 6-4.112 of this chapter.
(4)
Provide containers for customers for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. 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, as demonstrated through an approved de minimis waiver per Section 6-4.108(a), then the responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial 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. The responsible party of the commercial business is not required to replace functional containers that do not comply with the requirements of this subsection prior to whichever of the following comes first: (a) the end of the useful life of those containers, or (b) January 1, 2036; or
(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 Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(5)
To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City's recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business's responsible party to support its compliance with self-hauler requirements in Section 6-4.112 of this chapter.
(6)
Periodically inspect recyclable materials containers, organic materials containers, and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(7)
Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.
(8)
Provide educational information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from other solid waste (when applicable) and the location of containers and the rules governing their use at each property.
(9)
Provide or arrange access for the City or its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
(c)
If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Section 6-4.112 of this chapter.
(d)
Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(Ord. 653 § 2, 2022)
(a)
Culled fruits and vegetables which cannot be used for animal feed, returned to soil, or donated shall be placed in an organic materials collection bin or container or disposed of only in an organic waste processing facility.
(b)
Organic materials may be fed to animals on the premises where such organic materials are produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the City Manager or their designee; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
(c)
Agricultural byproducts or wastes not of plant or animal origin, such as nonhazardous packaging, plastic film, or shop wastes, shall be disposed of as solid waste or recycling.
(d)
(1)
The occupant of any private property may allow swill to be accumulated, stored, disposed of, or used for stock feeding on the premises, as long as such swill is not permitted to become a nuisance due to the breeding or attraction of flies or rodents, or from odors, or to create a hazard to the public health, safety, or welfare. Any such agricultural operations shall comply with the Agricultural Solid Waste Management Standards, Title 14, California Administrative Code, commencing with Section 17801.
(2)
The occupant of a ranch or farm may accumulate manure, wood, leaves, soil, and gravel on the property, but he or she may not allow any other person to use his or her property for the disposal of other types of waste.
(3)
The provisions of this chapter shall not be interpreted to prevent the maintenance of a compost pile on private property, so long as it does not become a public or private nuisance.
(e)
Nothing in this section prohibits a responsible party or a generator of a residential premises, multifamily premises or commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(Ord. 56 §§ 6-4.10—6-4.11, 1982; Ord. 653 § 2, 2022)
(a)
De Minimis Waivers for Vacation Rentals, Multifamily Premises, and Commercial Premises. The City's designee, or the City if there is no designee, may waive a responsible party's obligation to comply with some or all recyclable materials and organic waste requirements of this chapter if the responsible party of the vacation rental, commercial business, or multifamily premises provides documentation that the vacation rental, commercial business, or multifamily premises meets one of the criteria in subsections (a)(1) and (a)(2) below. For the purposes of subsections (a)(1) and (a)(2), the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service. Hauling through paper shredding service providers or other incidental services may be considered in granting a de minimis waiver.
(1)
The vacation rental's, commercial business's, or multifamily premises' total solid waste collection service is two cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than 20 gallons per week per applicable material stream of the vacation rental's, multi-family premises', or commercial business's total waste (i.e., recyclable materials in the recyclable materials stream are less than 20 gallons per week or organic materials in the organic materials stream are less than 20 gallons per week); or
(2)
The vacation rental's, commercial business's, or multifamily premises' total solid waste collection service is less than two cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than 10 gallons per week per applicable material stream of the vacation rental's, multi-family premises', or commercial business's total waste (i.e., recyclable materials in the recyclable materials stream are less than 10 gallons per week or organic materials in the organic materials stream are less than 10 gallons per week).
(b)
Physical Space Waivers. The City's designee, or the City if there is no designee, may waive a vacation rental's, commercial business's, or multifamily premises' obligation to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the city or its designee has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of Section 6-4.104, 6-4.105 or 6-4.106 as applicable.
(c)
Review and Approval of Waivers. Waivers shall be granted to responsible parties by the City's designee, or the City if there is no designee, according to the following process:
(1)
Responsible parties of premises seeking waivers shall submit a completed application form to the City's designee, or the City if there is no designee, for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request.
(2)
Upon waiver approval, the City designee, or the City if there is no designee, shall specify that the waiver is valid for the following duration:
(i)
For commercial premises, five years, or if property ownership changes, or if occupancy changes, whichever occurs first.
(ii)
For multifamily premises, five years, or if property ownership changes, or if the property manager changes, whichever occurs first.
(iii)
For vacation rentals, five years, or if property ownership changes, or if property manager changes, whichever occurs first.
(3)
Waiver holder shall notify City's designee, or the City if there is no designee, if circumstances change such that vacation rental's, commercial business's, or multifamily premises' may no longer qualify for the waiver granted, in which case waiver will be rescinded.
(4)
Any waiver holder must cooperate with the City and/or its designee for any on-site assessment of the appropriateness of the waiver.
(5)
Waiver holder shall reapply to the City's designee, or the City if there is no designee, for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the City and/or its designee. Failure to submit a completed application shall equate to an automatic denial of said application.
(6)
The City's designee, or the City if there is no designee, may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.
(7)
If the City's designee does not approve a waiver application or revokes a waiver, the City may appeal the decision for additional review by the designee. The City may also, after meeting and conferring with the designee, direct the designee to approve the waiver application and/or repeal the revocation of the waiver.
(Ord. 653 § 2, 2022)
(a)
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b)
Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
(c)
Commercial edible food generators shall comply with the following requirements:
(1)
Arrange to recover the maximum amount of edible food that would otherwise be disposed. Food that is donated shall be free from adulteration, spoilage, and meet the food safety standards of the California Health and Safety Code. Food cannot be donated if it is not in compliance with the food safety standards of the California Health and Safety Code, including food that is returned by a customer, has been served or sold and in the possession of a consumer, or is the subject of a recall.
(2)
Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3)
Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4)
Allow City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5)
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(i)
A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(ii)
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(iii)
A record of the following information for each of those food recovery services or food recovery organizations:
(a)
The name, address and contact information of the food recovery service or food recovery organization.
(b)
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(c)
The established frequency that food will be collected or self-hauled.
(d)
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(6)
Maintain records required by this section for five years.
(7)
No later than January 31 of each year commencing no later than January 31, 2023 for tier one commercial edible food generators and January 31, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the City or its designee that includes the following information:
(i)
The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually;
(ii)
The amount, in pounds of edible food rejected by a food recovery service or food recovery organization annually; and
(iii)
Any additional information required by the City Manager or their designee.
(d)
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 653 § 2, 2022)
(a)
Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1)
The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(2)
The quantity in pounds of edible food collected from each commercial edible food generator per month.
(3)
The quantity in pounds of edible food transported to each food recovery organization per month.
(4)
The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
(b)
Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1)
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
(2)
The quantity in pounds of edible food received from each commercial edible food generator per month.
(3)
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
(c)
Maintain records required by this section for five years.
(d)
Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in and the City's designee, if applicable, the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the City, County, and/or the City's designee, if applicable, no later than January 31 of each year.
(e)
In order to support edible food recovery capacity planning assessments or other studies conducted by the City that provides solid waste, recyclable materials, and organic materials collection services, or its designated entity, Food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City and its designee, if applicable, 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 and/or its designee shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
(f)
Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators shall include language in all agreements with tier one and tier two edible food generators located in the City identifying and describing the California Good Samaritan Act of 2017.
(g)
Nothing in this chapter prohibits a food recovery organization or food recovery service from refusing to accept edible food from a commercial edible food generator.
(Ord. 653 § 2, 2022)
(a)
Requirements for Haulers.
(1)
Franchise hauler(s) providing recyclable materials, organic waste, and/or solid waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of its contract, agreement, permit, or other authorization with the City to collect recyclable materials, organic materials, and/or solid waste:
(i)
Through written notice to the City annually on or before October 1 of each year for the following calendar year, identify the facilities to which they will transport discarded materials, including facilities for source separated recyclable materials, source separated organic materials, and solid waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the City.
(ii)
Transport source separated recyclable materials to a facility that recovers those materials; transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).
(2)
Franchise hauler(s) authorized to collect recyclable materials, organic materials, and/or solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or other agreement entered into with City.
(3)
To preserve peace and quiet, no solid waste, recyclable materials, or organic waste of any kind shall be collected from or within 200 feet of residential premises between 5:00 P.M. and 6:00 A.M. on any day. All collections shall be made as quietly as possible, without unnecessary noise, disturbance, or commotion.
(4)
All waste materials collected shall be transported in collection equipment, so constructed and so loaded that there will not be any leakage or dropping of waste materials therefrom. Such materials, when placed in any collection equipment and during its passage to its destination, shall be suitably enclosed so as to prevent spillage. Collection equipment shall be uniformly painted and numbered, and temporary debris boxes or roll-off containers shall be clearly marked with the rental company's name and phone number.
(5)
Haulers shall be responsible for ensuring all containers are covered or enclosed during transportation to a recycling or disposal facility, and that materials are loaded such that none shall fall, drop, or spill upon the ground. Hauler shall be responsible for ensuring that all waste in collection vehicles is not littered during transport and is required to pick up litter generated from all collection and hauling operations.
(6)
Haulers shall be responsible for the general repair and upkeep of any containers that it furnishes to customers and shall maintain such containers in a sanitary non-leaking condition. Containers shall be labeled with the type(s) of material(s) to be placed therein, and labels shall be placed on each container or lid provided to customers and must specify which materials are acceptable and unacceptable in the container in written or graphic form. Haulers and customers shall be responsible for furnishing containers of sufficient size to adequately contain all of the material generated between collection periods.
(7)
All waste materials collected by a hauler shall become the property of the hauler immediately upon the collection thereof and shall immediately be removed and conveyed to a legally permitted facility for disposal of solid waste or for processing of recyclable materials or organic materials.
(8)
Haulers shall provide adequate number of vehicles and equipment for performing collection services which shall be kept clean on the inside and out, be in good repair, free of damage, and shall be in compliance with all safety standards. Haulers shall provide suitable operational and safety training for any employees who utilize or operate vehicles or equipment for collection of solid waste, recyclable materials, or organic waste, or who are otherwise directly involved in such collection.
(9)
It is unlawful for any person to collect, haul, or transport for hire solid waste, recyclable materials, and organic materials on any roadway within the City unless there is in force, with respect to such person, a contract with the City to engage in such occupation, as provided in this chapter, with the exception of providers of temporary rental services for debris boxes or roll-off containers, who shall comply with the other provisions of this section and all other requirements for collection and transportation of solid waste, recyclable materials, and organic materials.
(10)
The provisions of this section shall not apply to persons or business establishments self-hauling household, industrial, or commercial waste or residue from their own premises; however, those exempt from the requirements of this section shall not create a public or private nuisance and shall comply with all other requirements for collection and transportation of solid waste, recyclable materials, and organic materials, including self-hauler requirements noted in Section 6-4.112.
(11)
Haulers shall perform all collection, transportation, and processing/disposal operations in accordance with applicable Federal, State, and local laws, and in accordance with all regulations promulgated under such laws, and in accordance with the terms and conditions of this chapter.
(b)
Requirements for Facility Operators and Community Composting Operations.
(1)
Owners of facilities, operations, and activities located in the City's boundaries that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
(2)
Community composting operators with operations located in the City's boundaries, upon City request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days.
(Ord. 653 § 2, 2022)
(a)
A single-family generator or single-family responsible party that self-hauls recyclable materials, organic materials, or solid waste is not required to record or report information in Sections 6.4112(f) through (h).
(b)
Every self-hauler shall source separate its recyclable materials and organic materials (materials that City otherwise requires generators or responsible parties to separate for collection in the City's recyclable materials and organic materials collection program) generated on site from solid waste in a manner consistent with 14 CCR Section 18984.1 and the City's collection program. Self-haulers shall store their materials as described in subsection (c) below. Self-haulers shall deliver their materials to facilities described in subsection (d) below. Alternatively, self-haulers may choose not to source separate recyclable materials and organic materials and shall haul its solid waste (that includes recyclable materials and organic materials) to a high diversion organic waste processing facility subject to advance written approval by the City.
(c)
Self-haulers shall store their solid waste, recyclable materials and organic materials in watertight, impervious containers having close-fitting lids and shall be constructed of substantial, nonabsorbent materials. All solid waste, recyclable materials and organic materials are to be stored in containers which are sufficient in size to hold all such waste without spilling or causing litter or a nuisance. Paper or plastic bags may be used if they are of sufficient strength to resist puncture or attack by animals. Containers for refuse should be of an adequate size and in sufficient number to contain, without overflowing, all the refuse that the self-hauler generates within the designated removal period.
(d)
Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their source separated organic waste to a facility, operation, activity, or property that processes or recovers source separated organic waste; and haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste.
(e)
No solid waste, recyclable materials, organic materials, or C&D materials shall be removed and carried on and along the streets and alleys of the City except that the same is carried, conveyed, or hauled in conveyances so constructed as to be absolutely dustproof and waterproof, and so arranged as not to permit dust or liquids or other matter to shift through or fall upon the streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys, and adjacent lands. Any materials that do permit dust or liquids or other matter to land upon or be blown upon for any reason shall be cleaned up immediately.
(f)
Self-haulers that are responsible parties of commercial businesses or multifamily premises shall keep records of the amount of recyclable materials, organic materials, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic materials and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to review by the City and/or its designee(s). The records shall include the following information:
(1)
Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and solid waste.
(2)
The amount of material in cubic yards or tons transported by the generator or responsible party 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, organic materials, and solid waste.
(g)
Self-haulers shall retain all records and data required to be maintained by this section for no less than five years after the recyclable materials, organic materials, and/or solid waste was first delivered to the facility accepting the material.
(h)
Self-haulers that are commercial businesses or multifamily premises shall provide copies of records required by this section to City if requested by the City Manager or designee and shall provide the records at the frequency requested by the City Manager or designee(s).
(i)
Self-haulers shall obtain permits from the City prior to commencing self-haul operations, which may be reviewed by the City or its designee(s) or the contractor at least once annually. In order to receive a self-haul permit from the City, self-haulers must:
(1)
Apply for a self-haul permit by submitting a self-haul application, available from the City online or in person at City Hall, which states that they understand the requirements for self-haulers and agree to follow the requirements of this section and chapter.
(2)
Receive approval notice and permit from the City, which certifies that the applicant understands the requirements for self-haulers and agrees to follow the requirements of this section and chapter. Self-haulers shall not commence self-haul operations prior to receiving a self-haul permit from the City or its designee(s).
(Ord. 56 § 6-4.12, 1982; Ord. 653 § 2, 2022)
(a)
Scavenging Prohibited. It is unlawful for any person to engage in the act of scavenging. For purposes of this section, "scavenging" means engaging in any of the following activities:
(1)
Tampering or meddling with a container for solid waste, recyclable materials, or organic materials;
(2)
Tampering or meddling with the contents of any container for solid waste, recyclable materials, or organic materials;
(3)
Removing the contents of any container for solid waste, recyclable materials, or organic materials;
(4)
Removing any container for solid waste, recyclable materials, or organic materials from the location where the container has been placed by the owner of the container or owner's agent or employee; or
(5)
Removing, tampering, or meddling with any solid waste, recyclable materials, or organic materials set out for collection, pursuant to the provisions of this chapter, on private property or on any sidewalk, street, or public right-of-way.
(6)
The provisions of this section do not apply to:
(b)
Unlawful Dumping Prohibited. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by abandonment or discarding of barrels, containers and other closed receptacles of solid, hazardous, or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the City, or to cause, suffer, or permit any solid or liquid waste to come to be located upon any premises in the City, except in an authorized or permitted solid waste, recyclable materials, and organic materials container or at an authorized or permitted waste facility approved for that type of waste.
(c)
Public Nuisance. To protect public health, safety, and well-being and to prevent the spread of vectors, it is unlawful and a public nuisance for any person or entity to violate any term of this chapter. For these same reasons, it is a public nuisance for any person or entity to occupy, inhabit, maintain, or to be in day-to-day control of any premises within the City which generates waste for which arrangements have not been made with a franchised contractor, a contractor with continuation rights recognized by the City, or without obtaining a self-haul permit from the City; for regular collection and removal of solid waste, recyclable materials, and organic materials.
(d)
Careless Disposal of Solid Waste, Recyclable Materials, and Organic Materials.
(1)
No person shall place or dump, or hire any person to place or dump, any solid waste, recyclable materials, or organic materials upon the right-of-way of any public highway, street, or thoroughfare, or upon the banks of any stream or dry watercourse, or upon the private property of any person, inhabited or uninhabited, within the City except with the permission of the Health Officer.
(Ord. 585 § 1, 2015; Ord. 653 § 2, 2022)
(a)
City representatives or its designee(s) are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by generators, responsible parties of single-family premises, responsible parties of commercial businesses, responsible parties of multifamily premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city or its designee to enter the interior of a private single-family dwelling residential property for inspection.
(b)
Entities regulated by this chapter shall provide or arrange for access during all inspections (with the exception of single-family dwelling residential property interiors) and shall cooperate with the City's representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a responsible party to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 6-4.115.
(c)
Any records obtained by a City or its designee during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d)
City representatives or their designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(e)
The City or its designee shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.
(f)
City representatives and/or their designee are authorized to provide informational notices to entities regulated by this chapter regarding compliance with this chapter.
(Ord. 56 § 6-4.16, 1982; Ord. 653 § 2, 2022)
(a)
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City Enforcement Official or designee. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines as specified in Title 12, Code Enforcement, of the City's code are hereby incorporated in their entirety, as modified from time to time, and 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, except as otherwise indicated in this chapter.
(b)
Other remedies allowed by law may be used, including civil action or prosecution as misdemean-or or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
(c)
Responsible Entity for Enforcement.
(1)
Enforcement pursuant to this chapter may be undertaken by the City or County Enforcement Official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.
(2)
Enforcement may also be undertaken by a County Enforcement Official, designated by the County, in consultation with City Enforcement Official/District.
(3)
City Enforcement Official(s) may issue notices of violation(s).
(d)
Process for Enforcement.
(1)
City Enforcement Officials and/or their designee will monitor compliance with the chapter through compliance reviews, route reviews, investigation of complaints, and an inspection program. City Enforcement Officials and/or their designee may also monitor compliance with the chapter randomly. Section 6-4.114 and Title 12 of the Atascadero Municipal Code establishes City's right to conduct inspections and investigations.
(2)
City may issue an official notification to notify regulated entities of its obligations under the chapter.
(3)
For incidences of prohibited container contaminants found in containers, City or its designee will issue an informational notice of contamination to any generator or responsible party 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 60 days after determining that a violation has occurred. If the City or its designee observes prohibited container contaminants in a responsible party's containers on more than three consecutive occasion(s), the City or its designee, or the contractor, may assess contamination processing fees or contamination penalties on the generator.
(4)
With the exception of violations of contamination of container contents, City shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
(5)
Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine.
(6)
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the County Assessor or if no such address is available, to the owner at the address of the multifamily premises or commercial premises or to the responsible party for the collection services, depending upon available information.
(e)
(f)
Compliance Deadline Extension Considerations. City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(g)
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City's procedures in the City's codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.
(h)
Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, City or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if City or its designee determines that generator, responsible party, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(i)
Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that a generator, responsible party, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
(Ord. 56 § 6-4.17, 1982; Ord. 269 § 1, 1993; Ord. 653 § 2, 2022)