(a) 
Required subscription. Unless a generator obtains a waiver under section 12-5, all generators shall subscribe to a solid waste collection service provided by a solid waste collector for the collection, removal, and disposal of the solid waste generated or accumulated on the generator's premises and shall comply with the terms and conditions of the provision of such services. The city shall have the right to review the number, size, and location of a generator's containers and frequency of collection to evaluate adequacy of the solid waste collection service to which each generator is subscribed. If the director finds that the generator's level of service or frequency of service is insufficient to meet state requirements or is creating a nuisance, the generator shall adjust its level of service or frequency of service to the level of service required by the director following notice by the city, or else shall be in violation of this chapter.
(b) 
Automatic enrollment. Generators that fail to subscribe to a level of collection service for nonorganic recyclables and/or organic waste sufficient to comply with state law and fail to obtain a waiver under section 12-5, shall be automatically enrolled by the solid waste collector in the minimum level of service for nonorganic recyclables and/or organic waste sufficient to comply with state law, as determined by the director.
(c) 
Minimum collection schedule. The minimum collection schedule for solid waste shall be no less than once a week.
(d) 
Other compliance options. Nothing in the chapter shall prohibit a generator from managing nonorganic recyclables and organic waste by any of the following means:
(1) 
Selling or donating nonorganic recyclables or organic waste to third-party haulers, if:
(A) 
The nonorganic recyclables and organic waste are source-separated from and not mixed with other solid waste;
(B) 
The generator does not pay the third-party hauler any consideration for collecting, processing, or transporting such materials;
(C) 
The generator verifies that the third-party hauler has a permit under section 12-3 and informs the city of the identity of the third-party hauler upon request.
(2) 
Preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site.
(Ord. No. 1190, § 6, 9-27-21)
(a) 
Option to self-haul. Any person may self-haul solid waste for disposal from such person's premises. A business may remove solid waste produced in the course of conducting its business, if the business utilizes only its own employees and equipment to remove the solid waste. Construction contractors, subcontractors, building remodeling contractors and demolition contractors may self-haul construction and demolition debris, if the contractor utilizes only its own employees and equipment, but may not employ a subcontractor for the sole purpose of solid waste removal. Persons performing gardening and landscape maintenance services for hire may self-haul solid waste produced by such services. Self-haulers shall comply with all requirements of this section.
(b) 
Third-party haulers. Nonfranchised haulers may: (i) purchase or accept the donation of nonorganic recyclables or organic waste as provided in subsection 12-2(d)(1); or (ii) provide hauling services that are not exclusively reserved to the solid waste collector(s) under the city's solid waste franchise agreement(s). Third-party haulers shall comply with all requirements of this section.
(c) 
Permit required. Self-haulers and third-party haulers are required to obtain both a city business license and a city-issued hauling permit prior to conducting any hauling activities in the city.
(1) 
The director is authorized to create a permit application and to request any information from the applicant that is necessary to ensure compliance with this chapter, the city's franchise agreement(s), and public health and safety.
(2) 
Self-haulers and third-party haulers shall submit a complete application and an application fee of either one hundred dollars or such other application fee as may be established by city council resolution.
(3) 
Permit applications shall be granted or denied by the director and the director's decision shall not be appealable.
(d) 
Additional requirements. Self-haulers and third-party haulers shall comply will the following requirements:
(1) 
Source separate all nonorganic recyclables and organic waste from other solid waste in a manner consistent with the 14 CCR sections 18984.1 and 18984.2, or haul organic waste to a high diversion organic waste processing facility.
(2) 
Haul source-separated recyclable materials to a facility that recovers those materials, and haul source-separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source-separated organic waste.
(3) 
Keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the city and shall be provided to the city upon request. The records shall include the following information:
(A) 
Delivery receipts and weight tickets from the entity accepting the waste.
(B) 
The amount of material in cubic yards or tons transported by the generator to each entity.
(C) 
If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
(4) 
A residential organic waste generator that self-hauls organic waste is not required to record or report information in section 12-3(d)(3).
(Ord. No. 1190, § 6, 9-27-21)
(a) 
General requirements. Beginning on January 1, 2022, all commercial businesses shall:
(1) 
Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste. This information shall be provided to new tenants before or within 14 days of the tenant's occupation of the premises.
(2) 
Supply and allow access to adequate amounts, sizes, and locations of containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the organic waste collection service to which the commercial business subscribes or, if self-hauling, consistent with its self-haul program.
(3) 
Provide or arrange access to their properties for city or its agents during all inspections conducted to confirm compliance with the requirements of this chapter.
(b) 
Additional requirements. Beginning on January 1, 2022, all commercial businesses, except for multi-family dwellings, shall:
(1) 
Provide containers for the collection of organic waste and nonorganic recyclables in all areas where disposal containers are provided for customers, except for restrooms; however, if a business does not generate any of the materials that would be collected in one of these containers, then the business does not have to provide that particular container in areas where disposal containers are provided for customers. The containers provided by the business shall have either: (i) a body or lid that conforms with the container colors provided through the organic waste collection service to which the commercial business subscribes; or (ii) container labels that comply with the requirements of 14 CCR section 18984.8. Businesses are not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this chapter prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) 
Prohibit their employees from placing organic waste in a container not designated to receive organic waste.
(3) 
Periodically inspect organic waste containers for container contamination and inform employees if containers contain prohibited container contaminants and of the requirement to only use those containers for organic waste.
(Ord. No. 1190, § 6, 9-27-21)
(a) 
De minimis waivers. The city may waive a commercial business's obligation to comply with some or all of the requirements of this chapter related to organic waste if the commercial business provides documentation demonstrating that:
(1) 
The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste comprises less than 20 gallons per week of the commercial business's total waste; or
(2) 
The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste comprises less than 10 gallons per week of the commercial business's total waste.
(b) 
Physical space waivers. The city may waive a generator's obligation to comply with some or all of the requirements of this chapter related to organic waste if the generator provides documentation, or the city has evidence from its staff, a hauler, licensed architect, or licensed engineer, demonstrating that the generator's premises lacks adequate space for an organic waste container that complies with this chapter.
(c) 
Internal program or third-party waiver. The city may waive a generator's obligation to comply with some or all of the requirements of this chapter, including the requirement to subscribe to a solid waste collection service, if the generator provides sufficient evidence to the city that the generator is complying with the requirements of this chapter through an internal waste diversion program, including, but not limited to, a self-hauling program, and/or through the use of city-permitted third-party haulers.
(d) 
Application; review; verification; rescission.
(1) 
The applicant for a waiver shall complete and submit a waiver application on a form provided by the city and developed by the director, and shall pay an application fee as set by city council resolution. The application shall include, but not be limited to, a statement of the waiver for which the applicant is applying, all documentation and evidence of the applicant's eligibility for the waiver, and the specific requirement(s) of which the applicant is requesting a waiver.
(2) 
Applications shall be reviewed by the director, and waivers shall only be granted if the director is able to verify that the applicant is eligible for the waiver. The director may deny, fully grant, or partially grant the waiver, and may impose conditions on the waiver. The director's decision is final and is not appealable.
(3) 
Waivers shall be valid for five years following approval, or a shorter period of time as determined by the director. At least 90 days prior to expiration of the waiver, the applicant shall submit documentation to the city demonstrating that the applicant is still eligible for the waiver. Upon confirmation of eligibility, the director may extend the waiver for additional five year terms.
(4) 
If the city obtains information at any time that a generator no longer qualifies for a previously granted waiver or is not complying with a condition of approval of the waiver, then the city shall revoke the waiver. Prior to revoking the waiver, the city shall give a written notice of intent to revoke to the waiver holder, which shall include a statement that the waiver holder may appeal the intent to revoke to the city manager within 10 days of the notice. A request for appeal shall include any evidence or documentation supporting the appeal, as well as an appeal fee in an amount set by the city council. If no appeal is requested, the revocation shall become final. If an appeal is requested, the city manager or a designated hearing officer shall set a hearing date to consider the revocation, which shall be no more than 30 days after the hearing is requested. The waiver holder may attend the hearing and present evidence in favor of the appeal. The city manager's or hearing officer's decision on the appeal shall be final. The waiver shall remain valid during the 10 day notice period and, if an appeal is requested, until the final determination on the hearing is made.
(Ord. No. 1190, § 6, 9-27-21)
Until solid waste is picked up by the solid waste collector, the generator shall be responsible for the immediate cleanup of any solid waste that is spilled, leaked, emptied, discarded or disposed of into the environment or which has otherwise come to be located outside of the container. This cleanup responsibility applies as follows:
(a) 
Generators. Generators shall immediately undertake cleanup at the point in time when a spill or release has occurred due to any circumstances, whether by human or animal interference with the container, wind or other natural forces, or residual solid waste remaining following collection or removal by the solid waste collector.
(b) 
Transporters. Any person removing, collecting or transporting solid waste shall undertake immediate cleanup at the point in time when a spill or release has occurred due to the removal or transport of the solid waste.
(c) 
City cleanup expenses. Any and all costs and expenses incurred by the city or on the city's behalf in investigating and cleaning a spill or a release of solid waste not properly or timely cleaned under this section by the generator or other person transporting solid waste, may be assessed against such person(s), including all administrative expenses and legal fees and costs incurred by the city in investigating and cleaning the spill or release.
(Ord. No. 1190, § 6, 9-27-21)
Solid waste placed in a container, including all recyclable materials, shall become the property of the solid waste collector at the time it is collected by the solid waste collector. The generator of the solid waste shall have the right up to the point in time that the solid waste collector empties the container to retrieve any item of solid waste discarded in error.
(Ord. No. 1190, § 6, 9-27-21)
(a) 
Location. To protect the public health, safety and wellbeing, and to minimize interference with public rights-of-way, containers for residential collection shall be placed in a location acceptable to the solid waste collector, which is accessible for mechanized pick-up.
(b) 
Placement time. To minimize interference with public rights-of-way, residential containers placed for collection adjacent to streets or public rights-of-way shall not be placed before 6:00 p.m. on the day preceding the regularly scheduled collection. Solid waste collection may take place between the hours of 7:00 a.m. and 6:00 p.m. on the day of collection.
(c) 
Removal time and location. To minimize interference with public rights-of-way, containers placed for collection adjacent to streets or public rights-of-way shall be removed before 6:00 a.m. on the day following the regularly scheduled collection. Containers shall be removed after collection to a location that is completely screened from the public right-of-way.
(d) 
Bin enclosures. Except as provided in subsection (e) below, all commercial containers shall be stored within container enclosures or behind other visual screening in accordance with the city's zoning code. Container enclosures shall be accessible to collection vehicles. No person shall place a commercial container in a public right-of-way for collection without city approval obtained by issuance of an encroachment permit. The community development department may grant container placement waivers for existing nonconforming enclosures.
(e) 
Exception. Notwithstanding subsection (d) above, commercial containers may be permanently or temporarily stored in a parking space that is not enclosed or screened if the city community development department finds that loss of use of the parking space will not adversely affect public safety or traffic and will not result in a total number of parking spaces that is less than the minimum number of parking spaces required by this code.
(Ord. No. 1190, § 6, 9-27-21)
In order to protect public health, safety, and wellbeing, and to prevent the spread of vectors, generators shall only use solid waste containers, or cause them to be used, in accordance with the following requirements:
(a) 
Accumulation. All solid waste produced, generated or accumulated on each premises shall be placed in a container for regular collection.
(b) 
Overflow. Containers shall not be filled to overflowing.
(c) 
Cleanliness. Containers shall be maintained in a safe and clean manner.
(d) 
Removal. Containers shall not be permanently removed from the premises where they have been placed by the city or the solid waste collector without the prior approval of the city or the solid waste collector.
(e) 
Hazardous waste. Hazardous waste shall not be placed in any container placed for collection by the solid waste collector.
(f) 
Placement of solid waste in appropriate containers. Generators shall only place designated materials (organic waste, nonorganic recyclables, and other solid waste) in designated containers, and shall not place prohibited container contaminants in containers.
(g) 
Other requirements. Containers shall be used in accordance with the noticed requirements of the solid waste collector.
(Ord. No. 1190, § 6, 9-27-21)
Holiday trees may be placed alongside the regular container for recycling in accordance with the requirements of the solid waste collector.
(Ord. No. 1190, § 6, 9-27-21)