City of Stanton, CA INTEGRATED WASTE MANAGEMENT

Note: Prior history: Prior code §§ 6.04.010—6.04.190 as amended by Ord. 557.

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40000 et seq., and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 69011 et seq. and the regulations implementing RCRA, as they may be amended.

"AB 939" or "act"

means the California Integrated Waste Management Act of 1989, (sometimes referred to as "AB 939"), codified in part at Public Resources Code, Sections 40000 et seq., as it may be amended.

"Bulky waste" or "bulky goods"

means and includes, but not by way of limitation, large and small household appliances, furniture, carpets, mattresses, white goods, tires and oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, discarded from residential premises in the city of Stanton.

"City"

means the city of Stanton, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the city as presently existing and all geographic areas which may be added or annexed to the city.

"City manager"

means a person having that title in the employ of the city of Stanton or the city manager's duly authorized representative.

"Civic litter containers"

means city-owned receptacles located in public areas for disposal of waste generated by the public, which meet the standards of 14 C.C.R. Chapter 04, Article 9, Sections 17830 et seq.

"Collection"

means the act of collecting solid waste, at or near the place of generation or accumulation, by a solid waste enterprise which has made arrangements with the person in charge of day-to-day operations of the premises for the collection of solid waste.

"Commercial bins"

means bins provided by a solid waste enterprise, usually three cubic yards, more or less in capacity, designed for the deposit of solid waste, placed at commercial premises for the collection of commercial solid waste and charged at commercial rates. "Commercial bins" do not include construction and demolition bins, roll-offs or low-boys placed at residential premises.

"Commercial premises"

means all premises in the city, other than residential premises (as defined in this chapter), where solid wastes are generated or accumulated. The term "commercial premises" is a reference to location, and not to ownership. The term includes, but is not limited to, stores; offices; federal, state, county and local governmental institutions, including, but not limited to, schools, school districts, special districts and water districts, to the extent authorized by law; restaurants; rooming houses; hotels; motels; offices; manufacturing, processing, or assembling shops or plants; hospitals; clinics; nursing homes; convalescent centers; dormitories; barracks; and card rooms.

"Commercial solid waste"

means all types of solid waste, including green waste and recyclable solid waste, generated or accumulated at commercial premises and placed in commercial bins for accumulation and collection. "Commercial solid wastes" does not include residential solid waste or recyclable material.

"Construction and demolition materials"

shall have the same meaning as set forth in Section 6.04.090.

"Container"

means any commercial bin, residential solid waste container, vessel, can or other receptacle used for the temporary accumulation, collection and removal of solid waste, including recyclable solid wastes and green waste.

"Drop box"

means and includes low-boy bins and roll-off bins.

"Franchise" or "solid waste franchise"

means the right and privilege granted by the city: (1) to make arrangements for the collection of and to collect, (2) to transport to landfills, transformation facilities, compostable materials handling facility or a green material composting facility, as defined in 14 CCR Section 17852, or other permitted solid waste management facilities and/or (3) to recycle solid waste collected within the city. Any solid waste franchise granted by the city shall be in writing, granted by the city council, by resolution, specifically identifying the solid waste enterprise, and shall be subject to all of the rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code Section 49520 et seq. A business license and permit issued pursuant to this code is not a solid waste franchise and confers no continuation rights under Public Resources Code Section 49520 et seq. or other law.

"Franchise fee"

means the fee or assessment imposed by the city on a solid waste enterprise which holds a solid waste franchise.

"Generator"

means any person or other entity which produces solid waste.

"Green waste" (also sometimes referred to as "yard waste")

means a form of solid waste composed of leaves, grass clippings, brush, branches and other forms of organic matter generated from maintenance or alteration of landscapes or gardens, including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush and weeds and incidental pieces of scrap lumber, separated from other forms of solid waste. "Green waste" includes Christmas trees and Hanukkah bushes but does not include stumps or branches exceeding four inches in diameter or four feet in length, dirt, palm fronds, yucca or cactus.

"Gross revenues"

means any and all revenue or compensation in any form derived directly or indirectly by a solid waste enterprise which holds a solid waste franchise, its affiliates, subsidiaries, parents and any person or entity in which a solid waste enterprise has a financial interest, from the collection, transportation, processing, disposal and other services with respect to solid waste, including recyclable solid wastes and green waste, collected within the city of Stanton, in accordance with generally accepted accounting principles, pursuant to a solid waste franchise, permit, or license. "Gross revenues" include, but are not limited to, monthly customer fees for collection of solid waste, including recyclable solid wastes, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial bins and drop boxes and revenue from the sale of recyclable solid wastes, without subtracting franchise fees or any other cost of doing business.

"Hazardous waste"

means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), California Health and Safety Code Sections 25300, et seq., and all future amendments to any of them, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

"Recyclable material"

means an item (or items) which has commercial value and which is sold for compensation or donated to an entity other than a solid waste enterprise. "Recyclable materials" are not part of the waste stream. "Recyclable materials" lose their character as "recyclable materials" upon being disposed of in the waste stream, thereby becoming solid waste subject to this chapter. Material shall be deemed to consist of solid waste, whether or not all or a portion of the material may be potentially recyclable, in all cases where the owner of the container, acting alone or in concert with an affiliate, agent, broker, subcontractor or other person, has solicited, accepted, or arranged, directly or indirectly, for the payment of a fee or other consideration, in any form or amount, from the customer or generator in exchange for rendering all or any aspect of the service for which the recycling container was supplied.

"Recyclable solid waste"

means a form of solid waste designated as a recyclable solid waste by the city, or a solid waste enterprise which holds a solid waste franchise and which has been separated by a solid waste service recipient from non-recyclable solid waste. "Recyclable solid waste" is a part of the solid waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. The term "recyclable solid waste" includes both mixed recyclables which have been separated from other solid waste and source-separated single-category recyclable solid waste. "Recyclable solid waste" does not include those potentially recoverable items which are commingled with non-recyclable solid waste, i.e., commingled solid waste and potentially recyclable articles or materials, or recyclable materials.

"Residential" or "residential premises"

includes single-family residences and multi-family residences, including apartments and condominiums (in which each unit has separate cooking and bathing facilities) of five or fewer units. The terms "residential" or "residential premises" do not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories or barracks or other group living places using commercial bins for the temporary accumulation and collection of solid waste. "Residential" or "residential premises" is a reference to location, and not to ownership or to an interest in property.

"Residential solid waste container"

means a container (a trash can, barrel or cart) provided by a service recipient or a solid waste enterprise with a residential solid waste franchise granted by the city, used and intended for the accumulation and collection of residential solid waste. The term "residential solid waste containers" does not include "multi-family residential bins" placed at multi-family units of six or more units, nor those commercial bins used by commercial solid waste service recipients. Unless automated collection is used, a residential solid waste container and its contents may not exceed a total weight of fifty pounds when placed for collection.

"Single-family residential"

includes not only single-family residences, but also those multi-family residences, including apartments and condominiums (in which each unit has separate cooking and bathing facilities) of five or fewer units.

"Solid waste"

as used herein shall be as defined in California Public Resources Code Section 40191 and includes, without limitation, garbage, trash, rubbish and refuse.

"Solid waste handling"

as used herein shall be defined in California Public Resources Code Section 49505 and includes, without limitation, recycling services in exchange for which a fee in any form or amount is either directly or indirectly charged or imposed ("fee for service" recycling).

"White goods"

means discarded enameled household appliances, such as refrigerators, freezers, stoves, washer/dryers, water heaters, dishwashers, trash compactors and similar items.

(Ord. 886 § 1, 2004)

§ 6.04.020 Provision of service.

In order to protect public health, safety and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the city, the city council may grant one or more exclusive solid waste franchises to one or more solid waste enterprises to make arrangements with the persons in charge of day-to-day operations at premises in the city for the collection, transfer, recycling, composting and disposal of solid wastes within and throughout the city.

Manner, Time and Frequency of Collection. A solid waste enterprise which arranges for the collection of solid wastes shall make arrangements with their customers specifying the manner in which integrated waste management services are to be provided, subject to the city's exercise of its police powers to protect public health, safety and well-being and to limit the spread of vectors and to limit sources of noise and air pollution within the city by prohibiting the collection of solid wastes between certain hours and on certain holidays.

Categories. In order to carry out its duties to plan for the management of vehicular traffic and mitigate adverse air quality effects, the city council may determine waste management collection categories, including, but not limited to, e.g., residential, multi-family residential, commercial, industrial, special, special event and household hazardous waste, including recyclable solid waste, green waste and others and may make or impose solid waste franchise, license, contract or permit requirements which vary for such categories.

Collection Arrangements Required. In order to protect the public health, safety and well-being and to prevent the spread of vectors, the person responsible for the day-to-day operation of every place or premises in the city of Stanton shall make arrangements with a solid waste enterprise for the collection of solid wastes, as set forth in this chapter, or obtain a selfhaul permit from the city, as provided for in Section 6.04.070, and to implement measures to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended.

(Ord. 886 § 1, 2004)

§ 6.04.030 Fees, franchises, permits and licenses.

Fees.

Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, Sections 41900 et seq., the city may levy fees upon solid waste enterprises and solid waste service recipients for planning and program development and administration regarding solid and household hazardous waste, recyclable solid wastes and/or green waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of hazardous substances. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The city may collect such charges by such means as the council may elect.

The city council, by resolution, may waive permit fees for collectors of green wastes who transport such green waste to a compostable materials handling facility or a green material composting facility, as defined in 14 CCR Section 17852, or other site permitted (or exempt from permitting) by the California Integrated Waste Management Board in accordance with all governing laws and regulations, and who report all such deliveries to the city.

Residential Solid Waste Collection—Solid Waste Franchises, Permits and Licenses.

The city council may award one or more exclusive solid waste franchises for collection of solid wastes, including recyclable solid wastes and/or green waste from all or a portion of residential premises in the city. Any such residential solid waste franchise shall be granted, in writing, by the city council by resolution.

A residential solid waste franchise shall be granted by resolution on such terms and conditions as the city council in its sole discretion shall establish as matters of local concern. At a minimum, a residential solid waste franchise shall be in writing, naming the solid waste enterprise, and shall provide that:

The franchisee shall comply with the provisions of this chapter; and

The franchisee has, except as set forth in this chapter, exclusive authorized control of the collection, transportation and disposal of solid waste within the city and shall be required to protect, defend, indemnify and hold the city harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), California Health and Safety Code Sections 25300 et seq., and all future amendments to any of them, as they may be amended and all regulations implementing these acts, where caused by any of the following: (1) the negligence or willful misconduct of the solid waste enterprise; (2) the collection, handling, processing or disposal by the solid waste enterprise of any materials or waste, including hazardous substances or materials, which are generated by or collected from waste generators other than those generators to which the solid waste enterprise provides services pursuant to the franchise; (3) the failure of the solid waste enterprise to undertake hazardous waste and materials training procedures required by law with respect to its employees or subcontractors; or (4) the improper or negligent handling, processing or disposal by the solid waste enterprise of hazardous waste or materials which the solid waste enterprise inadvertently collects from waste generators to which the solid waste enterprise provides services pursuant to the franchise. The solid waste enterprise shall not, however, be required to protect, defend, indemnify and hold the city harmless to the extent any such liability is due to the negligence or other wrongful conduct of city. The mere presence of household hazardous waste in the waste which is collected by the solid waste enterprise pursuant to the solid waste franchise shall not in and of itself constitute negligence or create any liability on the part of the solid waste enterprise absent any of the circumstances described in clauses (1) through (4) of this subsection.

The indemnification by the solid waste enterprise shall be limited to liabilities resulting from services rendered by the solid waste enterprise from and after the effective date of the ordinance codified in this chapter, including, but not limited to, indemnification from any and all liability resulting from franchisee's action, or failure to act, with respect to the notice and/or removal of unauthorized commercial bins or drop boxes pursuant to Section 6.04.120(G).

The franchisee shall be required to cooperate with the city in solid waste disposal characterization studies or other waste stream audits and to submit information required by the city to meet the reporting requirements of AB 939 and to implement measures consistent with the city's source reduction and recycling element in order for the city to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended.

Commercial Solid Waste Collection Franchises, Permits and Licenses.

The city council may award one or more exclusive solid waste franchises, permits, licenses or other forms of authorization (collectively a "commercial solid waste franchise") for the collection of solid wastes, including recyclable solid wastes and/or green waste, from commercial premises in the city. Any such commercial solid waste franchise(s) shall be granted by the city council by resolution upon a determination that the public health, safety and well-being so require.

A commercial solid waste franchise shall be granted on such terms and conditions as the city council in its sole discretion shall establish as matters of local concern. At a minimum, a commercial solid waste franchise shall be in writing, naming the franchisee, and shall provide as follows:

The franchisee shall comply with the provisions of this chapter; and

The indemnification by the solid waste enterprise shall be limited to liabilities resulting from services rendered by the solid waste enterprise from and after the effective date of the ordinance codified in this chapter, including, but not limited to, indemnification from any and all liability resulting from franchisee's action, or failure to act with respect to the notice and/or removal of unauthorized commercial bins or drop boxes pursuant to Section 6.04.120(G).

The franchisee shall be required to cooperate with city in solid waste disposal characterization studies or other waste stream audits, to submit information required by city to meet the reporting requirements of AB 939 and to implement measures consistent with the city's source reduction and recycling element in order for the city to reach the diversion goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended, to the extent authorized by law.

Solid Waste Facilities. No person shall construct or operate a solid waste management facility, including, but not limited to, a materials recovery facility, solid waste transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility or a recycling center without first satisfying all city requirements for land use, environmental and other approvals.

Liability for Fees.

Each person required by this chapter to arrange for solid waste collection shall be liable for the fees and charges for such collection.

To protect public health, safety and well-being and to control the spread of vectors, the person responsible for day-to-day operation of each premises in the city shall make arrangements for collection, recycling and disposal of solid wastes generated or accumulated on those premises in accordance with the requirements of this chapter. The fees and charges (plus any interest or penalties) shall be due and payable on the date stated on the bill. The person(s) responsible for day-to-day operation of each premises in the city at which solid waste subject to this chapter is generated or accumulated shall be liable for the payment of all charges (plus any interest or penalties) for solid waste services, including any recycling charges.

If solid waste and recycling service fees and charges (and any applicable interest or penalties) are not paid within thirty days of the date payment was due, solid waste, including recycling service may be discontinued and collection of the unpaid amount may be undertaken by any lawful means available to the city or to a solid waste enterprise providing solid waste services.

Upon receipt of written notice from the person responsible for day-to-day operation of a premises in the city to discontinue solid waste collection services because the person in charge of day-to-day operations has obtained a self-haul permit in accordance with Section 6.04.070, or because the premises are vacant, the solid waste enterprise providing solid waste service shall refund any advance collection fees.

Business Licenses.

Each solid waste enterprise furnishing solid waste services (i.e., the collection and disposal of solid waste, including recyclable solid waste and/or green waste) to any commercial premises or residential premises within the city shall comply with all requirements set forth in this chapter. These requirements include, but are not limited to, payment of all annual business taxes, if any, and any other requirements that the city council may impose. All city requirements shall be established or modified by city council ordinance or resolution. Each solid waste enterprise claiming a right to continue to provide solid waste services in the city pursuant to Public Resources Code Section 49520 et seq. or other law shall pay the business tax, shall adhere to the same standards for service (including waste stream diversion goals), shall charge comparable rates for service, and shall pay the same franchise fee as those standards, rates and franchise fees are specified in an exclusive solid waste franchise entered into by the city with another solid waste enterprise. In accordance with Public Resources Code Section 49521(b) "rates that are comparable to those established by the local agency" shall vary no more than five percent above or below those rates set in any exclusive solid waste franchise entered into by the city and made applicable to all continuation solid waste enterprises by this subsection.

Each solid waste enterprise shall comply with all requirements set forth in this chapter. These requirements include, but are not limited to, payment of all annual business taxes, if any, and any other requirements that the city council may impose. All city requirements shall be established or modified by city council ordinance or resolution. Each solid waste enterprise claiming a right to continue to provide solid waste services in the city pursuant to Public Resources Code Section 49520 et seq. or other law shall obtain a business license and shall adhere to the same standards (including, but not limited to, indemnification, insurance and other service levels) required by the city of other solid waste enterprises with an exclusive solid waste franchise. If a solid waste enterprise claiming a right to continue to provide solid waste handling services in the city pursuant to Public Resources Code Section 49520 et seq. or other law fails to adhere to the same material standards, charge comparable rates for service, pay business taxes and pay franchise fees required by the city of other solid waste enterprises with an exclusive solid waste franchise as provided in this code, such solid waste enterprise shall forfeit whatever, if any, continuation rights it may have had. The following standards are deemed by the city to be material: all insurance, bonding and indemnification requirements, rates of service, franchise fee payment, business tax payment and all service standards set in an exclusive solid waste franchise agreement entered into by the city.

Any person or entity, other than a solid waste enterprise which has obtained a permit, franchise or license issued by the city, which engages in the collection of residential or commercial solid waste, places a commercial bin for the accumulation of solid waste, or which engages in solid waste handling (including "fee for service" recycling) in the city shall be guilty of a misdemeanor punishable as provided generally for violations of this code. Each day in which a person or entity engages in the collection of residential or commercial solid waste in the city or places a commercial bin for the accumulation of solid waste, or permits a commercial bin to remain in the city without holding a business license issued by the city, shall be a separate offense.

Revocation and Suspension of Licenses or Operations in the City—Grounds.

Any solid waste franchise or other city-issued solid waste collection authorization (collectively referred to as "franchise") issued under this chapter is subject to revocation or suspension for cause.

No solid waste enterprise which engages in any act or conduct which falls in any one or more of the following may collect solid waste in the city:

The operations of the solid waste enterprise are contrary to the public health, safety, well-being, peace, welfare or morals, or shall be found to constitute a public nuisance;

The solid waste enterprise violates any material federal or state law, regulation of the California Integrated Waste Management Board, a local enforcement agency, this municipal code or any material condition of a solid waste franchise affecting public health and safety in the city;

The solid waste enterprise practices, or attempts to practice, any fraud or deceit upon the city, or makes or uses any false, fictitious or fraudulent statements or representations, or practiced any fraud or deceit or made any false, fictitious or fraudulent statements or representations in connection with the issuance or renewal of the solid waste franchise;

The solid waste enterprise becomes insolvent, unable or unwilling to pay its debts, or a receiver or trustee is appointed to take over and conduct the business of the solid waste franchisee whether in a receivership, reorganization or bankruptcy proceeding, and as a consequence thereof disruptions in service occur such that there is an imminent threat to public health and safety;

The solid waste enterprise fails to provide or maintain in full force and effect the workers compensation, liability and indemnification coverages or cash bond as required;

The solid waste enterprise violates any order or ruling of any regulatory body with respect to solid waste collected within the city, except that such order or ruling may be contested by appropriate proceedings conducted in good faith, in which case no violation shall be deemed to have occurred until a final decision adverse to the solid waste enterprise is entered; or

A solid waste enterprise claiming a right to continue to provide solid waste services in the city pursuant to Public Resources Code Section 49520 et seq. or other law fails to adhere to the same material standards required by the city of other solid waste enterprises with an exclusive solid waste franchise.

Termination of Solid Waste Franchises, Continuation Rights or Operations of a Solid Waste Enterprise—Procedure for Notification of Deficiencies and Suspension or Revocation.

If the city manager determines that the performance of a solid waste enterprise in the city of Stanton may not be in conformity with reasonable industry standards which obtain in Southern California or the California Integrated Waste Management Act including, but not limited to, requirements for implementing diversion, source reduction and recycling, or any other applicable federal, state or local law or regulation, including, but not limited to, the laws governing transfer, storage or disposal of solid and hazardous waste, or this chapter, the city manager shall advise the solid waste enterprise in writing of such suspected deficiencies. In any written notification of deficiencies, the city manager shall set a reasonable time within which the solid waste enterprise is to correct the deficiencies and respond. Unless otherwise specified, a reasonable time for response and correction of deficiencies shall be thirty days from the receipt of such written notice by the solid waste enterprise.

At the expiration of the time set for response from the solid waste enterprise, the city manager shall review the record, including any written response from the solid waste enterprise to the notice of deficiencies and resolve the matter in favor of the solid waste enterprise, or order remedial action to cure any breach, and inform the solid waste enterprise in writing of the resolution. A decision or order of the city manager shall be final and binding unless the solid waste enterprise files a notice of appeal to the city council with the city clerk (and serves a copy, by mail, on the city manager and the city attorney) within thirty days of receipt of the decision or order of the city manager. A notice of appeal to the city council shall state the legal basis and all factual and legal contentions of the appellant and shall include all evidence, including affidavits, documents, photographs and videotapes. A notice of appeal to the city council shall not be accepted by the city clerk for filing unless accompanied by a notice of appeal filing fee in an amount to be set by the city council, by resolution.

If a notice of appeal to the city council is timely filed, the city clerk shall set the matter for an administrative hearing before the city council. The city clerk shall give fourteen days written notice of the time and place of the administrative hearing. At the hearing, the city council shall consider the administrative record, including the notice of deficiency, the solid waste enterprise's response, the statement of resolution by the city manager and the solid waste enterprise's notice of appeal to the city council and shall give the solid waste enterprise, or its representatives and any other interested person, a reasonable opportunity to be heard. The proceedings before the council shall be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, shall not be applicable.

Based on the administrative record, the city council shall determine by resolution whether the decision or order of the city manager should be upheld. A tie vote of the city council shall be regarded as upholding the action of the city manager. If, based upon the record, the city council determines that the performance of the solid waste enterprise is in breach of any material provision of any applicable federal, state or local statute or regulation, or other cause for termination of the solid waste franchise, or decides to order the solid waste enterprise to cease operations in the city, the city council, in the exercise of its sole discretion, may order remedial actions to cure the breach, or terminate forthwith the solid waste franchise or order operations in the city to cease. The decision of the city council shall be final and conclusive.

Nothing in this chapter shall preclude the city from exercising any other remedy, including criminal prosecution or seeking equitable relief.

Transfer Restricted. A solid waste franchise or other form of city-granted solid waste collection authorization shall not be transferable, except as follows:

A solid waste franchise shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges therein be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the solid waste enterprise nor by operation of law without the prior written consent of the city expressed by resolution, which consent shall not be unreasonably withheld. For purposes of this section, any sale, dissolution, merger, consolidation or other reorganization of the solid waste enterprise or the sale or other transfer of an accumulative ten percent or more of the voting stock of a corporate solid waste enterprise by any person, or group of persons acting in concert, who already own less than fifty percent of the voting stock of the solid waste enterprise shall be deemed a change in control. Notwithstanding the foregoing, a transfer of voting stock or other interest by a person who is an owner of a solid waste enterprise to (a) a member of the owner's immediate family, or (b) a revocable living trust established for the benefit of family members, shall not be deemed a change in control. Any attempt of the solid waste enterprise to assign the solid waste franchise without the prior written consent of the city shall be void.

An application for a transfer of a solid waste franchise shall be made in a manner prescribed by the city manager. The application shall include a franchise transfer application fee in an amount to be set by the city by resolution of the council, to cover the anticipated cost of all reasonable and customary direct and indirect administrative expenses, including consultants and attorneys, necessary to adequately analyze the application and to reimburse the city for direct and indirect expenses. In addition, the solid waste franchisee shall reimburse the city for all reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee, whether or not the city approves the application for transfer. The city's request for reimbursement shall be supported with evidence of the expenses and costs incurred. The solid waste enterprise and the applicant for transfer shall be jointly and severally liable for the payment of any reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee.

The applicant for a transfer of a solid waste franchise shall have the burden of demonstrating that it has the operational and financial ability to meet all obligations of the solid waste franchise.

The city shall not be required to give its consent to a transfer of the solid waste franchise; however, such consent shall not be unreasonably withheld.

Notwithstanding the above, the holder of a solid waste franchise shall be entitled to pledge, encumber or grant any security interest in the solid waste franchise provided that the holder shall first notify and obtain city consent to such transaction, subject to the following conditions:

Any consent so granted shall not be deemed a consent to the exercise by such pledgee, encumbrancer, or secured party of any rights of the holder under the solid waste franchise, permit, franchise or other authorization unless so noted by the city;

Any consent so granted shall not be deemed consent to any subsequent transfer or assignment. Any subsequent transfer or assignment shall be deemed an assignment of the solid waste franchise, permit, or other authorization within the meaning of this section and shall be void without the prior written consent of the city expressed by resolution; and

The pledgee, encumbrancer or secured party shall execute and deliver to the city a written instrument, in a form satisfactory to the city attorney, expressing agreement to be bound by the provisions of the solid waste franchise, permit, franchise or other authorization.

(Ord. 886 § 1, 2004)

§ 6.04.040 Containers.

Containers—Use.

To protect public health, safety and well-being and prevent the growth and spread of vectors, every person designated under Sections 6.04.020(C) or 6.04.070, as applicable, shall keep in a suitable place one or more containers capable of holding without spilling, leaking, or emitting odors, all solid waste, including recyclable solid wastes and green waste which would ordinarily accumulate on the premises between the time of two successive collections.

To protect public health, safety and well-being and prevent the growth and spread of vectors, every person designated under Section 6.04.020(C) who is in charge of day-to-day operations of any premises within the city shall deposit or cause to be deposited in containers or commercial bins provided or approved by a solid waste enterprise all solid waste generated or accumulated on those premises.

No person shall place ashes which are not cold and free from fire in any container.

Containers, Bulky Goods and Green Waste—Placement and Removal.

To protect public health, safety and well-being and prevent the growth and spread of vectors, no person shall place for collection any residential solid waste container or commercial bin not in conformance with the residential solid waste container or commercial bin designated by the solid waste enterprise.

No person shall place a residential solid waste container adjacent to a street or public right-of-way for collection if the container and its contents weigh more than fifty pounds, unless automated collection is used.

To minimize interference with public rights-of-way, no person shall place a container or any bulky goods adjacent to a street or public right-of-way for collection service before 7:00 p.m. on the day preceding the regularly scheduled collection day. Bulky goods 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 solid waste enterprise approved by the city for pick-up of the bulky goods.

During the hours for collection, residential solid waste containers shall be placed at the location designated by the solid waste enterprise holding the residential solid waste franchise and shall be accessible for mechanized pick-up, if mechanized pick-up methods are utilized by the solid waste enterprise. Except during the time a container is placed for curbside collection, residential solid waste containers shall not be visible from the public right-of-way. Commercial bins shall be accessible to the solid waste enterprise providing solid waste services at that location.

Solid waste containers shall be removed from any location adjacent to a street or right-of-way not later than 8:00 a.m. on the day following the regularly-scheduled collection day.

No container or bin may be stored in any front yard or side yard that is visible from a public street.

A solid waste enterprise which has been notified by a commercial solid waste service recipient or the city that commercial solid waste service is to be discontinued at a particular service location shall remove all of its commercial bins from the premises of the service recipient who is discontinuing commercial solid waste service within one week following receipt of notification that commercial solid waste service is to be discontinued.

No solid waste enterprise shall place a commercial bin at any location within the city unless the bin is clearly marked with the name, address and telephone number of the owner of the bin, and the person responsible for collection from the bin. The identification shall be waterproof and legible.

Each solid waste enterprise shall maintain its commercial bins within the city in a manner to protect public health and safety and prevent the spread of vectors. Each solid waste enterprise shall maintain its commercial bins in the city free from any exterior paint or markings commonly referred to as "graffiti" or "tagging."

10.

Each solid waste enterprise shall post each of its commercial bins in the city with conspicuous notices on each side of the commercial bin that the commercial bin is not to be used for the disposal of hazardous waste.

(Ord. 886 § 1, 2004)

§ 6.04.050 Collection.

Frequency of Collection and Removal.

To protect public health, safety and well-being, and to protect the city and prevent the growth and spread of vectors, persons in charge of the day-to-day operation of each premises in the city shall make arrangements to have all solid waste on the premises (other than construction and demolition materials) collected and removed not less frequently than once a week.

Each solid waste enterprise shall collect the contents of each commercial bin (except construction and demolition bins) placed, located or maintained in the city by that solid waste enterprise not less frequently than once per week.

Subject to the requirements for minimum removals per week set forth above, persons in charge of the day-to-day operation of commercial premises, including, but not limited to, restaurants and multi-family residential premises, may specify the frequency of collection of solid waste from the premises and the size and number of commercial or multi-family residential bins required.

In order to protect residents' quiet enjoyment of their residential premises, collection from residential premises, both single-family and multi-family, shall not be made between the hours of 6:00 p.m. and 7:00 a.m. of any day. Collection from commercial premises at locations more than six hundred feet from any residential zone and/or use within the city shall not be made between the hours of 6:00 p.m. and 6:00 a.m. Collection from commercial premises at locations less than six hundred feet from any residential zone and/or use within the city shall not be made between the hours of 6:00 p.m. and 7:00 a.m. Subject to the foregoing requirements, collections shall be made by arrangement between the person in charge of day-to-day operation of commercial premises and the solid waste enterprise.

Solid waste enterprises shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety or the environment.

Special Collections. Subscribers to a solid waste collection service may order special collections of such things as bulky waste and drop-off or roll-off bins; provided, however, the person responsible for the day-to-day operation of each premises in the city shall make arrangements for the collection and disposal of bulky waste which has accumulated on the premises.

(Ord. 886 § 1, 2004)

§ 6.04.060 Collection vehicles.

Collection Equipment.

To protect public health, safety and well-being, any truck used for the collection or transportation of solid waste within the city shall be leak proof and equipped with a close-fitting cover which shall be affixed in a manner that will prevent spilling, dropping or blowing of any waste upon the public right-of-way during collection or transportation.

No person shall park or cause to be parked within the city any vehicle containing solid waste unless the vehicle is free from odor and in a sanitary condition.

Collection Trucks—Noise. To protect the public health, safety and quiet enjoyment of the residents of the city, the noise level for collection vehicles during the stationary compaction process shall not exceed seventy-five dB(A) at a distance of twenty-five feet from the collection vehicle and at an elevation of five feet from the horizontal base of such vehicles.

(Ord. 886 § 1, 2004)

§ 6.04.070 Self-haulers and gardeners.

Self-haulers and Gardeners—Disposal at Authorized Sites—Reporting Requirements.

Persons disposing of solid waste, including green waste, which they, or occupants of premises of which they are in charge of day-to-day activities, have generated ("self-haulers") may apply to the city for a self-haul permit to transport that solid waste to a licensed materials recovery facility, transfer station or disposal facility. Each self-hauler shall submit disposal reports to the city, at a frequency determined by the city manager, reporting the type, quantity, volume, weight and destination of solid waste, including green waste and recyclable solid wastes, collected in the city and transported from the city, and shall present gate tickets or receipts to substantiate its disposal reports. Failure to submit required reports to the city shall be a basis for revocation of a "self-haul" permit.

Persons who perform gardening and landscaping maintenance services for hire ("gardeners") may apply to the city for a self-haul permit to transport green waste from premises at which their services are rendered to a compostable materials handling facility or a green material composting facility, as defined in 14 CCR Section 17852, or other site permitted (or exempt from permitting) by the California Integrated Waste Management Board in accordance with all governing laws and regulations. Each such gardener shall submit disposal reports to the city, at a frequency determined by the city manager. Such report shall include the type, quantity, volume, weight and destination of green waste collected in the city and transported from the city, and shall present gate tickets or receipts to substantiate its disposal reports. Failure to submit required disposal reports to the city shall be a basis for revocation of a "self-haul" permit.

Self-haul Permits. Before collecting or transporting solid waste, including recyclable solid wastes or green waste, each self-hauler and each gardener shall obtain a self-haul permit from the city.

(Ord. 886 § 1, 2004)

§ 6.04.080 Collection of recyclable solid waste and green waste.

Ownership of Recyclable Solid Waste Placed for Collection.

Upon placement of recyclable solid waste at a designated recycling collection location, or placement of recyclable solid waste or recyclable materials in a container provided by an authorized recycling agent for collection of recyclable solid wastes, the recyclable materials and recyclable solid waste become the property of the authorized recycling agent, by operation of state law. P.R.C. Section 41950(c).

The recycling or disposal of any recyclable solid waste which has become part of the solid waste stream by having been discarded shall be in accordance with the provisions of this chapter.

Recyclable Material.

Except as provided below, nothing in this chapter shall limit the right of any person, organization or other entity to sell recyclable material owned by that person, organization or other entity or to donate recyclable material to a charity or any other entity other than a solid waste enterprise.

Recyclable material which is mixed with solid waste shall be considered to have been discarded and to have become recyclable solid waste.

If the seller or donor of recyclable material pays the buyer or the donee any consideration for collecting, processing, recycling, transporting or disposing of the recyclable material, or providing consultation services which exceed the selling price of the recyclable material, the transaction shall not be regarded as a sale or donation of recyclable material, but as an arrangement for the disposal of solid waste and shall be subject to this chapter.

A person who receives a discount or reduction in the collection, disposal and/or recycling service rates for unsegregated or segregated solid waste shall not be deemed to be selling or donating recyclable material and does not fall within this "donate or sell" exception.

Green Waste. To minimize interference with public rights-of-way, green waste shall be cut into pieces not to exceed four feet in length and four inches in diameter before being placed adjacent to a street or public right-of-way for collection. Green waste shall be placed in containers designated for the collection of green waste, or tied securely in bundles not exceeding eighty pounds and shall not be contaminated with other forms of solid waste or with hazardous substances. No person shall mix green waste with other forms of solid waste, nor shall green waste be contaminated with any other substance.

(Ord. 886 § 1, 2004)

§ 6.04.090 Construction and demolition waste management—General.

Definitions. For the purposes of this section the following words and phrases shall have the meanings respectively ascribed to them, unless clearly inapplicable. Words and phrases not ascribed a meaning by this section shall have the meaning ascribed by this chapter, if defined therein, and if not, by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40000 et seq., the California Green Building Standards Code and the regulations of the California Department of Resource Recycling and Recovery, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901 et seq. and the regulations implementing RCRA, as they may be amended from time to time.

"Applicant"

means any person, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever required to apply to the building department for an applicable permit to undertake any construction, demolition, renovation or parking area construction project within the city. An applicant must comply with this section.

"Building department"

means the building department of the city.

"Building official"

means the building official of the city.

"Community development director" or "director"

means the city staff person holding that title or otherwise authorized and responsible for implementing this chapter.

"Construction"

means the building of any facility or structure or any portion thereof, including any tenant improvements to a previously unoccupied existing facility or structure. "Construction" does not include a project limited to interior plumbing work, electrical work or mechanical work.

"Construction and demolition materials" or "C&D materials"

means used or commonly discarded materials removed from premises of a covered project during construction, remodeling, repair, demolition, deconstruction or renovation resulting from construction, renovation, remodeling, repair, deconstruction or demolition operations on any pavement, house, commercial building or other structure or from landscaping. Such materials include, but are not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures. C&D materials shall be deemed solid waste and regulated as such, whether or not they are potentially recyclable, in all cases where a fee, charge or other consideration, in any form or amount, is directly or indirectly paid by the generator in exchange for collection, removal, transportation, storage, processing, handling or disposal services (fee for service recycling), whether or not arranged by or through a subcontractor, broker, agent, or affiliate of the container supplier. "Generator" shall include the property owner, occupant, or its contractor.

"Construction and demolition diversion security deposit" or "security deposit"

means any performance bond, surety bond, money order, letter of credit, cash, certified check or certificate of deposit in a form acceptable to the city, submitted to the city pursuant to this section.

"Construction and demolition materials management plan" or "C&DMMP"

means a completed C&DMMP form, approved by the city for the purpose of compliance with this section, submitted by the applicant for any covered project.

"Conversion rate"

means the rate set forth in the standardized conversion rate table approved by the city pursuant to this section for use in estimating the volume or weight of materials identified in a construction and demolition materials management plan.

"Covered project"

means a project for which a building, demolition, parking area construction or other similar permit is required and must meet the diversion standards set forth in California Green Building Standards Code or its successor.

"Deconstruction"

means a process to dismantle or remove useable materials from structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities.

"Demolition"

means the destruction, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

"Divert" or "diversion"

means activities which reduce or eliminate the amount of C&D material from disposal in a landfill or transformation facility. See Public Resources Code Section 40124.

"Diversion standard(s)"

means the minimum percentage or amount of C&D materials diverted from a covered project as set forth in the California Green Building Standards Code.

"Recycling"

shall have the meaning ascribed by Public Resources Code Section 40180, as it, from time to time, may be amended.

"Renovation"

means any change, addition, or modification in an existing structure that requires a building permit or demolition permit but does not include a project limited to interior plumbing work, electrical work or mechanical work.

"Reuse"

means further or repeated use of construction or demolition materials.

"Salvage"

means the controlled removal of construction or demolition materials from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

Covered Projects. Each applicant for a building or demolition permit for a covered project shall also complete and submit a construction and demolition materials management plan ("C&DMMP"). No building or demolition permit shall be issued by the building department unless the applicant for a construction or demolition permit for a covered project has submitted to the building official a construction and demolition materials management plan approved by the city's director of community development. Compliance with the provisions of this chapter shall be a condition of approval on any building or demolition permit issued for a covered project.

City-Sponsored Projects. All city-sponsored construction, demolition, and renovation projects, except as provided in this subsection, and regardless of cost, shall be considered "covered projects" for the purposes of this chapter and shall be subject to all applicable provisions of this chapter. Prior to the start of any city-sponsored construction or demolition activities, a construction and demolition materials management plan shall be prepared by the community development director. The city is not required to submit a security deposit for city-sponsored covered projects. City-sponsored projects limited to interior plumbing work, electrical work or mechanical work are not covered projects. City-sponsored demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it, from time to time, may be amended, is not a covered project.

(Ord. 886 § 1, 2004; Ord. 1082 § 2, 2018)

§ 6.04.100 Construction and demolition materials management plans—Security deposits—Exemptions—Appeals.

Construction and Demolition Materials Management Plans. Each applicant for a permit for any covered project shall complete and submit to the building official a construction and demolition materials management plan ("C&DMMP"), on a C&DMMP form approved by the city for this purpose with any application for a building or demolition permit for a covered project. The completed C&DMMP shall indicate all of the following: (1) the estimated volume or weight of project C&D materials, by materials type, to be generated; (2) the maximum volume or weight of C&D materials that may be diverted, via reuse or recycling; (3) the vendor or facility (including name, address, telephone number and contact person) that the applicant proposes to use to collect, reuse or receive the diverted C&D materials; (4) a certification by the applicant that it will ensure strict compliance with the city's exclusive solid waste franchise and acknowledges that the only person authorized to conduct solid waste handling activities or services, including fee for service recycling, is the solid waste enterprise granted the exclusive franchise; (5) the estimated volume or weight of residual C&D materials that would be transported for disposal in a landfill or transformation facility; (6) the applicant (or property owner if different from applicant) gives consent to city or its agent to enter the project site to enforce the provisions of this chapter; and (7) any other information required by the current version of the California Green Building Standards Code. In estimating the volume or weight of materials identified in the C&DMMP, the applicant shall use the standardized conversion rates approved by the city for this purpose.

Deconstruction. In preparing the C&DMMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, and shall make the materials generated thereby available for salvage prior to being transported for disposal in a landfill or transformation facility.

Review of C&DMMP.

Approval. Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any covered project unless the community development director has approved the C&DMMP. The community development director shall approve a C&DMMP only if the director first determines that all of the following conditions have been met: (a) the C&DMMP provides all of the information set forth in this chapter; (b) the C&DMMP indicates that the diversion standards will be met; and (c) the applicant has submitted an appropriate security deposit in compliance with this section.

If the community development director determines that these three conditions have been met, the director shall mark the C&DMMP "Approved", return a copy of the C&DMMP to the applicant, and notify the building department and the building official that the C&DMMP has been approved. Approval shall not be required if construction or demolition is required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3.

Denial. If the community development director determines that the C&DMMP is incomplete or fails to indicate that the diversion standards will be met, the director shall either: (a) return the C&DMMP to the applicant marked "Denied", including a statement of reasons, and so notify the building department, which shall then immediately stop processing the building or demolition permit application; or (b) return the C&DMMP to the applicant marked "Further Explanation Required", including a statement of reasons, and so notify the building department, which shall then immediately stop processing the building or demolition permit application. If, during the course of the project, the applicant determines that the estimated tonnage of C&D material to be generated and/or recovered from the project is substantially different from the C&DMMP, the applicant shall submit an addendum to the original C&DMMP.

Security Deposits. Each applicant for a permit for a covered project shall submit a security deposit with the construction and demolition materials management plan. The amount of the security deposit shall be calculated as the lesser of three percent of total project cost or ten thousand dollars. The community development director may waive the diversion security deposit if the total security required pursuant to this section would be fifty dollars or less.

Application for Refund of Security Deposits. Within one hundred eighty days after the completion of any covered project, the applicant shall submit to the community development director documentation that the applicant has met the diversion standard for the project and may apply for a refund of the security deposit. This documentation may include all of the following:

Receipts and gate tickets from the vendor or facility which collected or received C&D material showing the actual weight or volume of that material:

A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each type of C&D material diverted and transported for disposal in a landfill or transformation facility;

Any additional information required by the California Green Building Standards Code or which the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

Applicants shall make reasonable efforts to ensure that all C&D materials diverted or delivered to disposal facilities for disposal are measured and recorded using the most accurate method of measurement reasonably available. To the extent practical, all C&D materials shall be weighed on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D materials for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose. Documentation of the foregoing shall consist of photocopies of receipts, weight tickets, gate tickets, and other records from recycling facilities, deconstruction contractors, solid waste enterprises and disposal facilities.

Determination of Compliance and Release of Security Deposit. The community development director shall review the information and determine whether the applicant has complied with the construction and demolition materials management plan, as follows:

Full Compliance. If the community development director determines that the applicant has fully complied with the construction and demolition materials management plan applicable to the project, the director shall cause the full security deposit to be released to the applicant.

Good Faith Effort to Comply. To the extent permitted by the California Building Standards Code, if the community development director determines that the construction and demolition materials management plan has not been complied with, the director shall determine whether the applicant made a good faith effort to comply with this chapter. In making this determination, the community development director shall consider the availability of markets for the C&D materials transported for disposal in a landfill or transformation facility, the size of the project and the documented efforts of the applicant to divert C&D materials. If the community development director determines that the applicant has made a good faith effort to comply with this chapter, the director shall approve the release of the security deposit, or a portion thereof, to the applicant. Any portion of the security deposit not released to the applicant shall be forfeited to the city, and shall be used for the purposes of promoting recycling within the city.

Noncompliance. If the community development director determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by this chapter within the required time period, then the security deposit shall be retained by the city and a stop work order may be issued for the project.

Refund of Erroneous Payment. The director may authorize the refund of any security deposit which was erroneously paid or collected.

Withdrawal of Building or Demolition Permit Application. The director may authorize the refund of any security deposit if the building or demolition permit application is withdrawn or cancelled before any work has begun.

All security deposits retained by the city shall be used only for:

Payment of security deposit refunds;

Costs of administration of the program established by this chapter;

Cost of programs to achieve diversion of construction materials from disposal at disposal facilities.

Appeals of Decisions Regarding C&DMMP, Security Deposit or Refunds.

Appeal. Each applicant shall have the right to appeal any decision made by the community development director to the city manager or the city manager's designee. The applicant must file a notice of appeal from the ruling of the director of community development with the city clerk, with copy to the director of community development, within ten calendar days of receipt of notice of the community development director's decision. The notice of appeal shall include all evidence and legal arguments which the applicant wishes the city, and any reviewing court to consider.

Decision by the City Manager. The decision made by the city manager, or the city manager's designee, shall be in writing, stating the legal and factual bases for the decision. The decision shall be final and conclusive.

(Ord. 886 § 1, 2004; Ord. 1082 § 3, 2018)

§ 6.04.110 Cleanup responsibility.

Until solid waste has been picked up by a solid waste enterprise, the person in charge of the day-to-day operation of each premises in the city shall be responsible for the cleanup of any and all solid waste generated, deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment, or which otherwise has come to be located outside an authorized container on, at, or in the premises of which the person is in charge. This cleanup responsibility includes the cleanup of solid waste, including recyclable solid waste and green waste which has come to be located outside an authorized container for the collection of such solid waste notwithstanding human or animal interference with commercial bins or containers, wind or other natural forces and whether during storage, collection, removal, or transfer. For purposes of this section, the term "disposed into the environment" shall include, but is not limited to, the abandonment of or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever.

Each solid waste enterprise shall clean up any solid waste spilled or otherwise released or discharged into the environment during its collection, removal or transfer.

(Ord. 886 § 1, 2004)

§ 6.04.120 Prohibited acts and enforcement.

Use of Containers. To protect public health, safety and well-being and to control the spread of vectors, no person shall keep solid waste in containers or commercial bins other than those approved by a solid waste enterprise; nor shall any person accumulate solid waste for more than thirteen consecutive days; nor shall any person keep upon any premises in the city any solid waste which is offensive, obnoxious or unsanitary. All of the foregoing is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

Removal of Solid Waste. To protect public health, safety and well-being, and to control the spread of vectors, no person, other than the person in charge of day-to-day activities at any premises or a solid waste enterprise authorized by the person in charge of the premises, shall remove any container from the location where the container was placed for storage or collection by the person in charge of day-to-day activities at the premises, or remove any solid waste from any container, or move the container from the location in which it was placed for storage or collection, or apply any paint or markings (commonly known as "graffiti" or "tagging") to any solid waste container without the prior written approval of the owner of the container.

Bulky Goods. To protect public health, safety and well-being and to minimize interference with public rights-of-way, no person shall place bulky goods adjacent to a street or public right-of-way without first having made arrangements with a solid waste enterprise licensed or permitted by the city of Stanton for the pickup of the bulky goods.

Civic Litter Container—Institutional, Commercial, or Industrial Solid Waste Prohibited. To protect public health, safety and well-being, no person shall place or deposit institutional, commercial, industrial, special or hazardous waste in any civic litter container.

Solid Waste Burning Prohibited. To protect public health, safety and well-being, no person shall burn any solid waste within the city, except in an approved incinerator or transformation facility or other device for which a permit has been issued and which complies 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.

Collection of Solid Waste without Solid Waste Franchise and Permit Prohibited.

To protect public health, safety and well-being, no person except a solid waste enterprise with an exclusive solid waste franchise, or a person authorized under Section 6.04.070 shall collect any solid waste from any premises within the city.

No person other than a solid waste enterprise which has a solid waste franchise, permit or business license issued by the city shall place a commercial bin for the accumulation of solid waste at any premises within the city or collect any solid waste from any commercial premises or permit or suffer a commercial bin to remain in any place within the city. Each day any person other than a solid waste enterprise which has a solid waste franchise, permit or business license issued by the city shall collect any solid waste from any commercial premises or place a commercial bin for the accumulation of solid waste at any premises within the city, or permit or suffer a commercial bin to remain in any place within the city shall constitute a separate offense.

If the city has granted one or more commercial solid waste franchises, then no person other than a solid waste enterprise which has an exclusive commercial solid waste franchise or which has continuation rights pursuant to the Public Resources Code or other law shall place a commercial bin for the accumulation of solid waste at any commercial premises within the city or collect any solid waste from any commercial premises or permit or suffer one of its commercial bins to remain in any place within the city. Each day any person other than a solid waste enterprise which has an exclusive commercial solid waste franchise shall collect any solid waste from any commercial premises or place a commercial bin for the accumulation of solid waste at any premises within the city, or permit or suffer a commercial bin to remain in any place within the city shall constitute a separate offense.

Authority to Remove Unauthorized Commercial Bins or Drop Boxes.

If a commercial bin or drop box has been placed in violation of this chapter, in addition to any and all other penalties provided in this chapter, the city manager or his or her designee may, by notice, require the removal of any such commercial bin or drop box.

Notice shall be posted upon the commercial bin or drop box and a good faith effort shall be made to transmit, by facsimile, a copy of the such notice. The notice shall specify the violation and shall require the removal of such encroachment within twenty-four hours. Such notice shall be required one time only to any one owner of a commercial bin or drop box. Following such posting, it shall be conclusively presumed thereafter that the owner of the commercial bin or drop box has knowledge of the requirements of this chapter. Future placement of a commercial bin or drop box within the city by a person or company that has been previously notified of such violation shall be deemed to be in violation of the provisions of this chapter and such notice shall not be required to be posted on said commercial bin or drop box.

If the commercial bin or drop box is not removed within twenty-four hours from and after posting of the notice, the city may remove, or cause to be removed, the commercial bin or drop box at the expense of the owner of the commercial bin or drop box or at the expense of any other person causing the commercial bin or drop box to remain. If the owner of the commercial bin or drop box has been previously notified as referred to in this section, the city may remove, or cause to be removed, the commercial bin or drop box immediately at the expense of the owner of the commercial bin or drop box or the person causing the commercial bin or drop box to remain.

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 to occupy, inhabit, maintain, or to be in day-to-day control of any premises within the city for which arrangements have not been made for regular collection and removal services for solid wastes, including recyclable solid wastes or green waste and any other violation of this chapter is unlawful and may be enjoined as a nuisance.

Unauthorized Disposal Prohibited. To protect public health, safety and well-being and to prevent the contamination of solid waste, including recyclable solid wastes and green waste, no person shall place solid waste in, or otherwise use the solid waste or recyclable solid waste or green waste containers of another, without the permission of such other person.

Unauthorized Removal of Recyclable Solid Wastes Prohibited by State Law. The unauthorized removal of recyclable solid wastes and recyclable materials placed at designated recycling collection locations is prohibited by California Public Resources Code Sections 41950—51.

Solid Waste Spills and Releases Prohibited. To protect public health, safety and well-being, no person transporting solid waste, including recyclable solid waste or green waste within the city shall fail to immediately clean up, or arrange for the immediate cleanup, of any solid waste released, spilled or dumped into the environment during removal or transport within the city by such person.

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 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 container or at an authorized or permitted solid waste facility.

Enforcement. Pursuant to California Penal Code Section 836.5, the city manager or the city manager's designee is authorized to enforce the provisions of this chapter as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7 and 375; California Government Code Sections 68055 et seq.; and California Vehicle Code Sections 23111 and 23112.

Enforcement by Designees. Wherever in this chapter enforcement authority is given to any city employee or officer, such authority may be exercised by designees of those officers and employees.

Misdemeanor. Violation of any provision of this chapter shall be a misdemeanor.

Enforcement—Authority. The city manager or the city manager's designee shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to law enforcement personnel pursuant to this code.

Civil Action by Authorized Recycling Agent. Nothing in this chapter shall be deemed to limit the right of any solid waste enterprise to bring a civil action against any person who violates California Public Resources Code Sections 41950— 41951, nor shall a conviction for such violation exempt any person from a civil action.

(Ord. 886 § 1, 2004)